FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 28, 2013 No. 420-FZ

About introduction of amendments to article 27.5-3 of the Federal law "About the Security Market" and part the first and second Tax Code of the Russian Federation

Accepted by the State Duma on December 18, 2013

Approved by the Federation Council on December 25, 2013

Article 1

Article 27.5-3 of the Federal Law of April 22, 1996 No. 39-FZ "About the security market" (The Russian Federation Code, 1996, No. 17, Art. 1918; 2007, No. 1, Art. 45; No. 50, Art. 6247; 2011, No. 7, Art. 905; No. 48, Art. 6728; 2012, No. 53, Art. 7607; No. 30, the Art. 4084) to add 2013, with Item 29 of the following content:

"29. The Russian depositary receipts can be placed by the opened or closed subscription, and also by their placement on the terms of transfer of the represented securities.".

Article 2

Bring in part one of the Tax Code of the Russian Federation (The Russian Federation Code, 1998, No. 31, Art. 3824; 1999, No. 28, Art. 3487; 2006, No. 31, Art. 3436; 2008, No. 48, Art. 5519; 2010, No. 31, Art. 4198; No. 48, Art. 6247; 2011, No. 30, Art. 4575; No. 47, Art. 6611; 2013, No. 30, Art. 4081; No. 40, Art. 5037, 5038) following changes:

1) in subitem 4.1 of Item 1 of Article 59 of the word of "the resolution on the termination" shall be replaced with words "resolutions on the termination";

2) item 4 of Article 105.14 to add with the subitem 4 following of content:

"4) interbank credits (deposits) with for up to seven calendar days (inclusive).".

Article 3

Bring in part the second the Tax Code of the Russian Federation (The Russian Federation Code, 2000, No. 32, the Art. 3340, 3341; 2001, No. 1, Art. 18; No. 23, Art. 2289; No. 33, Art. 3413; No. 49, Art. 4564; No. 53, Art. 5015; 2002, No. 1, Art. 4; No. 22, Art. 2026; No. 30, Art. 3021, 3027, 3033; 2003, No. 1, Art. 2, 6; No. 19, Art. 1749; No. 21, Art. 1958; No. 28, Art. 2874, 2879, 2886; No. 50, Art. 4849; No. 52, Art. 5030; 2004, No. 27, Art. 2711, 2715; No. 31, Art. 3220, 3231; No. 34, Art. 3518, 3520, 3522, 3524, 3525, 3527; No. 35, Art. 3607; No. 41, Art. 3994; No. 45, Art. 4377; 2005, No. 1, Art. 29, 30, 38; No. 24, Art. 2312; No. 27, Art. 2710, 2717; No. 30, Art. 3104, 3128, 3129, 3130; No. 52, Art. 5581; 2006, No. 3, Art. 280; No. 10, Art. 1065; No. 23, Art. 2382; No. 30, Art. 3295; No. 31, Art. 3436, 3443, 3452; No. 45, Art. 4627, 4628; No. 50, Art. 5279, 5286; No. 52, Art. 5498; 2007, No. 1, Art. 20, 31, 39; No. 13, Art. 1465; No. 21, Art. 2462; No. 22, Art. 2563, 2564; No. 23, Art. 2691; No. 31, Art. 3991, 4013; No. 45, Art. 5416, 5417; No. 49, Art. 6045, 6071; No. 50, Art. 6237, 6245; 2008, No. 18, Art. 1942; No. 27, Art. 3126; No. 30, Art. 3577, 3591, 3614, 3616; No. 48, Art. 5500, 5504, 5519; No. 49, Art. 5723; No. 52, Art. 6237; 2009, No. 1, Art. 13, 21, 31; No. 11, Art. 1265; No. 18, Art. 2147; No. 23, Art. 2772, 2775; No. 29, Art. 3598, 3639; No. 30, Art. 3739; No. 39, Art. 4534; No. 45, Art. 5271; No. 48, Art. 5711, 5726, 5731, 5737; No. 51, Art. 6153, 6155; No. 52, Art. 6444, 6455; 2010, No. 15, Art. 1737; No. 19, Art. 2291; No. 21, Art. 2524; No. 25, Art. 3070; No. 31, Art. 4176, 4186, 4198; No. 32, Art. 4298; No. 40, Art. 4969; No. 45, Art. 5756; No. 47, Art. 6034; No. 48, Art. 6247; No. 49, Art. 6409; 2011, No. 1, Art. 7, 9, 21, 37; No. 11, Art. 1492; No. 17, Art. 2318; No. 23, Art. 3262; No. 24, Art. 3357; No. 26, Art. 3652; 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, 7016, 7017, 7037, 7043; No. 50, Art. 7359; 2012, No. 10, Art. 1164; No. 14, Art. 1545; No. 19, Art. 2281; No. 25, Art. 3268; No. 26, Art. 3447; No. 27, Art. 3588; No. 31, Art. 4334; No. 41, Art. 5526, 5527; No. 49, Art. 6750, 6751; No. 53, Art. 7596, 7604, 7607, 7619; 2013, No. 14, Art. 1647; No. 19, Art. 2321; No. 23, Art. 2866, 2889; No. 26, Art. 3207; No. 27, Art. 3444; No. 30, Art. 4031, 4045, 4046, 4048, 4049, 4081, 4084; No. 40, Art. 5037, 5038; No. 44, Art. 5640, 5645; No. 48, Art. 6165) following changes:

1) in Article 149:

a) add Item 2 with subitems 29 and 30 of the following content:

"29) services in trust management of means of pension accruals, means of payable reserve and means of pension accruals of insured persons which establishes due retirement benefit, rendered in accordance with the legislation of the Russian Federation in the field of forming and investment of means of pension accruals;

30) transactions on concession (assignment) of the rights (requirements) for the obligations arising based on financial instruments of forward transactions which realization is exempted from the taxation according to the subitem 12 of this Item.";

b) in Item 3:

the twelfth subitem 3 to state the paragraph in the following edition:

"obtaining from borrowers of the amounts of the account of compensation of insurance premiums (insurance premiums) paid by bank according to insurance contracts, including according to insurance contracts on case of death or approach of disability of the specified borrowers according to insurance contracts of the property which is providing obligations of the borrower (pledge) and other types of insurance in which the bank is insurer;";

add with subitem 15.2 of the following content:

"15. 2) the transactions performed within clearing activities:

transfer (return) of the property intended for collective clearing providing and (or) individual clearing providing;

interest payment, added at the expense of the guarantee fund created at the expense of the property which is subject of collective clearing providing and (or) individual clearing providing, subject to payment by the clearing organization to participants of clearing and other persons according to rules of clearing of such clearing organization based on the Federal Law of February 7, 2011 No. 7-FZ "About clearing and clearing activities";";

2) in Item 5 of Article 168 the first offer to state in the following edition: "In case of sales of goods (works, services) by the taxpayers exempted according to article 145 of this Code from fulfillment of duties of the taxpayer, invoices are constituted without allocation of the corresponding tax amounts.";

3) in Article 169:

a) state Item 3 in the following edition:

"3. The taxpayer shall constitute the invoice, conduct registers of the received and exposed invoices, purchase ledgers and sales ledgers:

1) when making the transactions recognized by the taxation object according to this Chapter, except for transactions, non-taxable (exempted from the taxation) according to article 149 of this Code;

2) in other cases determined in accordance with the established procedure.";

b) declare item 4 invalid;

4) in Article 170:

a) state item 4 in the following edition:

"4. The tax amounts shown by sellers of goods (works, services), property rights to the taxpayers performing both the taxable, and exempted from the taxation transactions:

are considered in the cost of such goods (works, services), property rights according to Item 2 of this Article - on goods (works, services), including fixed assets and intangible assets, property rights used for implementation of transactions, not liable to the value added tax;

172 of this Code - on goods (works, services), including fixed assets and intangible assets, property rights used for implementation of transactions, liable to the value added tax are accepted to deduction according to Article;

are accepted to deduction or are considered in their cost in that proportion in which they are used for production and (or) sales of goods (works, services), property rights which transactions on realization are subject to the taxation (are exempted from the taxation), - on goods (works, services), including fixed assets and intangible assets, property rights used for implementation both taxable, and non-taxable (exempted from the taxation) transactions, according to the procedure, established by the accounting policy accepted by the taxpayer for the purposes of the taxation, and taking into account features, stipulated in Item 4.1 these Articles.

At the same time the taxpayer shall keep separate account of tax amounts on goods purchased (works, services), including fixed assets and intangible assets, property rights used for implementation both taxable, and non-taxable (exempted from the taxation) transactions. Separate accounting of tax amounts by the taxpayers who passed to payment of unified imputed income tax for separate types of activity is performed similar to the procedure provided by paragraph one of Item 4.1 of this Article.

In case of absence at the taxpayer of separate accounting the tax amount on goods purchased (works, services), including fixed assets and intangible assets, property rights, is not deductible and does not join in the expenses accepted to deduction in case of calculation of the income tax of the organizations (income tax).

The taxpayer has the right not to apply provisions of this Item to those tax periods in which the share of total expenses on acquisition, production and (or) sales of goods (works, services), property rights which transactions on realization are not subject to the taxation does not exceed 5 percent of the total value of total expenses on acquisition, production and (or) sales of goods (works, services), property rights. At the same time all tax amounts shown to such taxpayers by sellers of goods (works, services), property rights in the specified tax period are deductible according to procedure, stipulated in Article 172 of this Code.

When calculating the proportion specified in paragraph four of this Item, issuers of the Russian depositary receipts do not consider the transaction on placement and (or) repayment of the Russian depositary receipts, and also the transaction on acquisition and implementation of the represented securities which are connected with placement and (or) repayment of the Russian depositary receipts.";

b) add with Item 4.1 of the following content:

"4.1. The proportion specified in paragraph four of item 4 of this Article is determined proceeding from the cost of shipped goods (the performed works, the rendered services), the transferred property rights which transactions on realization are subject to the taxation (are exempted from the taxation), in total cost of shipped goods (the performed works, the rendered services), the transferred property rights for tax period. At the same time determination of proportion is performed taking into account the following features:

1) on the fixed assets and intangible assets accepted to accounting in the first or in the second month of quarter, the taxpayer has the right to determine proportion proceeding from the cost of the goods shipped in the corresponding month (the performed works, the rendered services), the transferred property rights which transactions on realization are subject to the taxation (are exempted from the taxation), in total cost of the goods shipped in month (the performed works, the rendered services), the transferred property rights;

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