Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of June 16, 2018 No. 693

About realization of the international automatic exchange of financial information with competent authorities of foreign states (territories)

(as amended of the Order of the Government of the Russian Federation of 21.12.2020 No. 2194)

According to Items 1 and 3 of Article 142. Item 1 of article 142.4 of the Tax Code of the Russian Federation the Government of the Russian Federation decides 2,:

1. Approve enclosed:

Regulations on implementation of request by the organization of the financial market at the clients of information on such clients, beneficiaries and (or) persons directly or indirectly controlling them, its processing, including documentary fixing, and the analysis, about acceptance, including documentary fixing, reasonable and available in the circumstances measures for establishment of the tax residence of the clients, beneficiaries and persons directly or indirectly controlling them including check of reliability and completeness of information provided by the client, and also about structure, about conditions, about procedure and terms of submission of the specified information in federal executive body, the representative for control and supervision in the field of taxes and fees;

the list of the organizations of the financial market to which provisions of Chapter 20.1 of the Tax Code of the Russian Federation owing to low risk of making with use of such organizations of the actions (failure to act) directed to tax avoidance (charges) are not applied;

the list of the agreement types providing rendering financial services to which provisions of Chapter 20.1 of the Tax Code of the Russian Federation owing to low risk of making with use of such agreements of the actions (failure to act) directed to tax avoidance (charges) are not applied.

2. To the Federal Tax Service to establish formats of representation by the organizations of the financial market of information provided by the Provision approved by this resolution and to provide their placement on the official site of the Federal Tax Service on the Internet.

3. This resolution becomes effective after month from the date of its official publication.

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of June 16, 2018 No. 693

Regulations on implementation of request by the organization of the financial market at the clients of information on such clients, beneficiaries and (or) persons directly or indirectly controlling them, its processing, including documentary fixing, and the analysis, about acceptance, including documentary fixing, reasonable and available in the circumstances measures for establishment of the tax residence of the clients, beneficiaries and persons directly or indirectly controlling them including check of reliability and completeness of information provided by the client, and also about structure, about conditions, about procedure and terms of submission of the specified information in federal executive body, the representative for control and supervision in the field of taxes and fees

I. General provisions

1. This Provision establishes:

request procedure the organization of the financial market at the clients of information on such clients, beneficiaries and (or) persons directly or indirectly controlling them who are tax residents of foreign state or concerning whom there are bases to believe that they are tax residents of foreign state, its processing, including documentary fixing, and the analysis, about acceptance, including documentary fixing, reasonable and available in the circumstances measures for establishment of the tax residence of the clients, beneficiaries and persons directly or indirectly controlling them including check of reliability and completeness of information provided by the client;

structure of information on specified persons, and also conditions, procedure and terms of its representation of the financial market by the organizations to authorized body.

2. The concepts used in this Provision mean the following:

"the agreement concerning which representation of financial information" - the agreement concerning which client and (or) the beneficiary is the tax resident of foreign state whose status was determined according to the procedure specified in Sections III and IV of this provision, and (or) information on which the organization of the financial market shall provide to authorized body according to the procedure, provided by the Section II of this provision is required. If client or the beneficiary is the passive non-financial organization, not being the tax resident of foreign state, and according to the procedure specified in Sections III and IV of this provision, the organization of the financial market determined that person directly or indirectly controlling the client or the beneficiary is the tax resident of foreign state, the contract with such client (beneficiary) is also considered the agreement concerning which representation of financial information is required;

"the agreement providing rendering financial service" - bank account agreement (contribution), the agreement of voluntary insurance of life, the agreement on broker servicing, the property trust management agreement (including the trust management agreement of mutual investment fund, accession to which is performed by acquisition of investment shares of mutual investment fund), the agreement of depositary servicing, the pension agreement, the contract with the central partner on rendering financial services, the agreement of investment partnership or other agreement within which the organization of the financial market accepts from clients money or other financial assets for storage, management, investment and (or) implementation of other transactions for the benefit of the client or directly or indirectly for customer account;

"change of circumstances" - or the organization of the financial market which including lead to change of information concerning the tax residence of the client (the beneficiary and (or) persons, directly or indirectly them controlling) in connection with change current or emergence of new signs of belonging of specified persons to foreign state shall learn any events about which learned. Change of circumstances is also understood as change (amendment) of any information about which learned or the organization of the financial market (including replacement current or appearance of the new client, beneficiary and (or) persons, directly or indirectly shall recognize them controlling), concerning the agreement providing rendering financial service, and also any other agreement providing rendering financial service which is connected with the client, the beneficiary and (or) persons directly or indirectly controlling them in connection with application of provisions of Item 54 this provision if such change (amendment) can lead to change of the tax residence of specified persons (to change flowing (to emergence new) signs of their belonging to foreign state). At the same time the death of the client (the beneficiary and (or) persons, directly or indirectly them controlling) in itself is not considered as change of circumstances;

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.