FEDERAL LAW OF THE RUSSIAN FEDERATION

of November 2, 2013 No. 301-FZ

About modification of separate legal acts of the Russian Federation

Accepted by the State Duma of the Russian Federation on October 25, 2013

Approved by Council of the Russian Federation on October 30, 2013

Article 1

Item 6 of Article 25.2 of part one of the Tax Code of the Russian Federation (Russian Federation Code, 1998, No. 31, Art. 3824; 2011, No. 47, Art. 6611; No. 27, the Art. 3588) to add 2012, with subitems 12 and 13 of the following content:

"12) credit consumer cooperatives;

13) microfinancial organizations.".

Article 2

Bring in part the second the Tax Code of the Russian Federation (The Russian Federation Code, 2000, No. 32, Art. 3340; 2001, No. 33, Art. 3413; 2002, No. 1, Art. 4; No. 22, Art. 2026; No. 30, Art. 3021, 3027, 3033; 2003, No. 1, Art. 2, 6; No. 28, Art. 2886; No. 52, Art. 5030; 2004, No. 27, Art. 2711; No. 31, Art. 3220, 3231; No. 34, Art. 3520, 3522, 3525; No. 35, Art. 3607; No. 41, Art. 3994; 2005, No. 1, Art. 30; No. 24, Art. 2312; No. 30, Art. 3112, 3128; No. 52, Art. 5581; 2006, No. 3, Art. 280; No. 23, Art. 2382; No. 31, Art. 3436, 3443; No. 45, Art. 4627; No. 52, Art. 5498; 2007, No. 1, Art. 31, 39; No. 21, Art. 2462; No. 22, Art. 2563, 2564; No. 23, Art. 2691; No. 31, Art. 3991, 4013; No. 49, Art. 6045, 6071; No. 50, Art. 6237, 6245; 2008, No. 18, Art. 1942; No. 27, Art. 3126; No. 30, Art. 3591, 3611, 3614; No. 48, Art. 5500, 5519; No. 49, Art. 5723; No. 52, Art. 6237; 2009, No. 1, Art. 13, 21, 31; No. 11, Art. 1265; No. 29, Art. 3598, 3639, 3641; No. 30, Art. 3739; No. 48, Art. 5711, 5731; No. 51, Art. 6153, 6155; No. 52, Art. 6444, 6455; 2010, No. 15, Art. 1737; No. 19, Art. 2291; No. 31, Art. 4198; No. 32, Art. 4298; No. 40, Art. 4969; No. 47, Art. 6034; No. 48, Art. 6247, 6251; No. 49, Art. 6409; 2011, No. 1, Art. 7, 9, 21, 37; No. 11, Art. 1492; No. 23, Art. 3262; No. 24, Art. 3357; No. 27, Art. 3881; No. 29, Art. 4291; No. 30, Art. 4563, 4575, 4583, 4587, 4593, 4597; No. 45, Art. 6335; No. 47, Art. 6610, 6611; No. 48, Art. 6729, 6731; No. 49, Art. 7014, 7015, 7017, 7037, 7043; 2012, No. 14, Art. 1545; No. 19, Art. 2281; No. 25, Art. 3268; No. 26, Art. 3447; No. 27, Art. 3588; No. 41, Art. 5526, 5527; No. 49, Art. 6751; No. 53, Art. 7596, 7607; 2013, No. 19, Art. 2321; No. 23, Art. 2866, 2889; No. 30, Art. 4031, 4046, 4048, 4081, 4084; No. 40, Art. 5037, 5038) following changes:

Item 7 parts two of article 250 after figures "294.1," to add 1) with figures "297.3,";

2) in Article 266:

a) add Item 1 with the paragraph of the following content:

"For taxpayers - credit consumer cooperatives and the microfinancial organizations are not recognized doubtful debt on which according to Article 297.3 of this Code creation of reserves on possible losses on loans is provided.";

b) state Item 3 in the following edition:

"3. The taxpayer has the right to create doubtful debt allowances according to the procedure, provided by this Article. The amounts of contributions to these reserves are included non-operating expenses on the last number of the accounting (tax) period. This provision is not applied to expenses on forming of reserves on the debts formed in connection with nonpayment of percent, except for banks, credit consumer cooperatives and the microfinancial organizations. Banks have the right to create doubtful debt allowances concerning the debt formed in connection with nonpayment of debenture interests, and also concerning other debt, except for the loan and equated to it debt. Credit consumer cooperatives and the microfinancial organizations have the right to create doubtful debt allowances concerning the debt formed in connection with nonpayment of debenture interests.";

c) the fifth item 4 after the words "for banks" to add the paragraph with words ", credit consumer cooperatives and the microfinancial organizations";

Paragraph one of Item 1 of article 273 after the word of "banks" to add 3) with words ", credit consumer cooperatives and the microfinancial organizations";

To add 4) with Article 297.1 of the following content:

"Article 297.1. Features of determination of the income of credit consumer cooperatives and microfinancial organizations

1. The income provided by Articles 249 and 250 of this Code and determined taking into account the features provided by this Article belongs to the income of taxpayers - credit consumer cooperatives and the microfinancial organizations.

2. The following income belongs to the income of credit consumer cooperatives and microfinancial organizations for the purpose of this Chapter, in particular:

1) the income in type of percent on the loans granted in accordance with the legislation of the Russian Federation;

2) the income in type of the amounts received on the returned loans, losses from which write-off were considered as a part of expenses in case of determination of tax base earlier;

3) the income in type of the amounts received by credit consumer cooperatives and the microfinancial organizations for the returned loans which are written off at the expense of the created reserves which assignments on creation were considered as a part of expenses in case of determination of tax base according to the procedure earlier, stipulated in Clause 297.3 of this Code.

3. The income in type of the insurance payments received according to insurance contracts on case of death or approach of disability of the borrower, and the insurance payments received according to insurance contracts of the property which is providing obligations of the borrower (pledge) within the amount of the outstanding debt of the borrower on borrowed (credit) funds, the added percent and penalties recognized by court, penalty fee settled due to the specified insurance payments does not join in the income of credit consumer cooperatives and microfinancial organizations.";

To add 5) with Article 297.2 of the following content:

"Article 297.2. Features of expense determination of credit consumer cooperatives and microfinancial organizations

1. Expenses of taxpayers - credit consumer cooperatives and the microfinancial organizations, provided by Articles 254 - the 269th of this Code and directly connected with provision of loans and other revenue-producing activities, stipulated by the legislation about credit cooperation and microfinancial activities, are considered for the purposes of the taxation taking into account the features established by this Article.

For the purpose of the taxation the specified expenses are recognized according to the procedure and on conditions which are provided by this Chapter. At the same time the expenses performed at the expense of means of target financing and target receipts in case of determination of tax base are not considered.

2. The following expenses belong to expenses of credit consumer cooperatives and microfinancial organizations for the purpose of this Chapter, in particular:

1) expenses in the form of percent on the loans, the credits and other debt obligations connected with attraction of money according to the legislation on credit cooperation and microfinancial activities taking into account features, stipulated in Article the 269th of this Code;

2) expenses on the guarantees, guarantees provided to credit consumer cooperatives and the microfinancial organizations by other organizations and physical persons;

3) expenses in the form of the amounts of allocations to reserve on possible losses on loans, expenses on which forming are considered by credit consumer cooperatives and the microfinancial organizations as a part of expenses according to the procedure and on conditions, stipulated in Clause 297.3 of this Code;

4) expenses in the form of the amounts of insurance premiums according to insurance contracts for case of death or approach of disability of the borrower of credit consumer cooperative or microfinancial organization in which the credit consumer cooperative or the microfinancial organization is beneficiary, in case of compensation condition of these expenses borrowers.";

To add 6) with Article 297.3 of the following content:

"Article 297.3. Expenses on forming of reserves on possible losses on loans of credit consumer cooperatives and microfinancial organizations

1. For the purpose of this Chapter credit consumer cooperatives and the microfinancial organizations have the right, except doubtful debt allowances, stipulated in Article the 266th of this Code, to create reserves on possible losses on loans according to the procedure, provided by this Article.

2. The amounts of contributions to reserves on the possible losses on loans created according to the procedure, No. 190-FZ established by the Central bank of the Russian Federation according to the Federal Law of July 18, 2009 "About credit cooperation" and the Federal Law of July 2, 2010 No. 151-FZ "About microfinancial activities and the microfinancial organizations" are included non-operating expenses during the accounting (tax) period.

3. The amounts of reserves on possible losses on loans are used by credit consumer cooperatives and the microfinancial organizations in case of the write-off from balance of bad debt for loans according to the procedure established by the Central bank of the Russian Federation.

In case of acceptance by credit consumer cooperative or microfinancial organization of the decision on write-off from balance of bad debt for loans charge of percent on this debt stops if charge of such percent is not stopped according to the agreement earlier.

4. The amounts of reserves on the possible losses on loans referred on expenses and not completely used in the accounting (tax) period on covering of losses on bad debt on loans can be postponed for the next accounting (tax) period. At the same time the amount of newly created reserve shall be corrected on the amount of remaining balance of reserve of the previous accounting (tax) period. If the amount of newly created reserve in the accounting (tax) period is less, than the amount of remaining balance of reserve of the previous accounting (tax) period, difference is subject to inclusion in structure of non-operating incomes in the last number of the accounting (tax) period. If the amount of newly created reserve is more, than the amount of remaining balance of reserve of the previous accounting (tax) period, difference is subject to inclusion in non-operating expenses in the last number of the accounting (tax) period.";

Item 3 of Article 346.12 to add 7) with the subitem 20 of the following content:

"20) microfinancial organizations.".

Article 3

Item 3 of part 2 of article 5 of the Federal Law of July 18, 2009 No. 190-FZ "About credit cooperation" (The Russian Federation Code, 2009, No. 29, Art. 3627; 2011, No. 49, Art. 7040; No. 30, the Art. 4084) to add 2013, with words ", and also procedure for forming of reserves by credit cooperatives on possible losses for loans".

Article 4

Item 5 of article 1 of the Federal Law of June 7, 2013 No. 131-FZ "About modification of Chapters 21 and 25 of part two of the Tax Code of the Russian Federation" (The Russian Federation Code, 2013, 23, the Art. 2889) to state to No. in the following edition:

"Item 3 of Article 253 to state 5) in the following edition:

"3. Features of expense determination of banks, insurance companies, the organization performing activities for export credits insurance and investments from entrepreneurial and (or) policy risks according to the Federal Law of May 17, 2007 No. 82-FZ "About development bank" of non-state pension funds, credit consumer cooperatives, the microfinancial organizations, the clearing organizations, professional participants of the security market and the foreign organizations are established taking into account provisions of Articles 291, of 292, of 294, of 296, 297.2, 297.3, 299, 300 and 307 - 310 of this Code. ";".

Article 5

1. This Federal Law becomes effective from the date of its official publication, except for provisions for which this Article establishes other terms of their introduction in force.

2. Article 1 of this Federal Law becomes effective after one month from the date of official publication of this Federal Law.

3. Article 2 of this Federal Law becomes effective not earlier than after one month from the date of official publication of this Federal Law and not earlier than the 1st of the next tax period on the corresponding tax.

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