FEDERAL LAW NO. 120-FZ OF JULY 21, 1997
ON THE TAX ON THE PURCHASE OF FOREIGN LEGAL TENDERS
AND INSTRUMENTS DENOMINATED IN FOREIGN CURRENCY
(WITH AMENDMENTS AND ADDENDA OF JULY 16, 1998)
Adopted
by the State Duma June 13, 1997
Approved
by the Federation Council July 3, 1997
Article 1. The present Federal Law introduces a tax levied on the
transactions of the purchase of foreign legal tenders and instruments
denominated in foreign currency (hereinafter referred to as "foreign
currency in cash").
Article 2. Tax base shall be a sum in roubles payable when the
following transactions are implemented:
the purchase of foreign currency in cash for roubles in cash;
the purchase of instruments denominated in foreign currency for
roubles in cash; the disbursement of foreign currency in cash from
foreign currency accounts to natural persons, provided these monies have
come to the foreign currency accounts from rouble accounts; the purchase
of the foreign currency legal tenders not subject to circulation due to
defects;
the handing out of foreign currency to the owners of plastic cards
from rouble card accounts.
The tax base shall include sums of the repayment of deposits open in
roubles if the repayment is effected in foreign currency in cash.
Not subject to taxation with the tax shall be transactions of the
disbursement of foreign currency in cash as the repayment of deposits
open in foreign currency including the handing out of foreign currency in
cash from foreign currency accounts.
Also not taxable with the tax shall be transactions of the purchase
of foreign currency in cash by credit organisations from the Central Bank
of the Russian Federation as well as from other credit organisations.
Article 3. The payers of the tax on the purchase of foreign currency
shall be the natural persons, organisations as well as branches and
representative offices including non-residents implementing the
transactions specified under Article 1 of the present Federal Law.
The organisations whose activities are fully funded out of the
budgets of all levels as well as the Central Bank of the Russian
Federation shall not be payers of the tax.
Article 4. The tax rate is hereby set at 1 per cent of the tax base.
Article 5. The tax shall be withheld by the credit organisations
implementing transactions with foreign currency in cash at the moment
when payers receive foreign currency in cash. The tax sums shall be
remitted by the said credit organisations to the federal budget and to
the budgets of the subjects of the Russian Federation on whose
territories transactions of the purchase of foreign currency in cash have
been effected not later than the day following the date when the tax was
withheld.
Should the sums of a respective tax fail to be remitted or are
remitted with a delay to the budgets, the said credit organisations shall
be held accountable under Articles 13 and 15 of the Law of the Russian
Federation on the Fundamentals of Tax System in the Russian Federation.
Article 6. The sums of the tax shall be distributed between the
federal budget and the subjects of the Russian Federation at a ratio of
60 to 40 per cent respectively.
The legislative (representative) bodies of the subjects of the
Russian Federation are entitled to make decisions on entering in the
budgets of the whole sum or a part of the sum of the said tax coming to
their budgets.
Article 7. The State Tax Service of the Russian Federation on the
approval of the Ministry of Finance of the Russian Federation shall
within two weeks from the date of the coming into force of the present
Federal Law endorse the instructions for the application of the present
Federal Law.
Article 8. The present Federal Law shall come into force from the
date of the official publication thereof.
The President of the Russian Federation is hereby proposed and the
Government of the Russian Federation is hereby instructed to bring their
legal acts in conformity with the present Federal Law.
President
of the Russian Federation B.Yeltsin
Moscow, the Kremlin
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