ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of April 3, 2020 No. 436

About approval of method of calculation of the average monthly income of the borrower (the comprehensive average monthly income of borrowers) for the purpose of establishment of the grace period providing suspension of execution by the borrower of the obligations according to the credit agreement (loan agreement)

According to the subitem 2 of Item 1 of article 6 of the Federal law "About Introduction of Amendments to the Federal Law "About the Central Bank Russian Federation (Bank of Russia)" and Separate Legal Acts of the Russian Federation regarding Features of Change of Conditions of the Credit Agreement, Loan Agreement" Government of the Russian Federation decides:

1. Approve the enclosed method of calculation of the average monthly income of the borrower (the comprehensive average monthly income of borrowers) for the purpose of establishment of the grace period providing suspension of execution by the borrower of the obligations according to the credit agreement (loan agreement).

2. This resolution becomes effective from the date of entry into force of the Federal Law "About Introduction of Amendments to the Federal Law "About the Central Bank Russian Federation (Bank of Russia)" and Separate Legal Acts of the Russian Federation regarding Features of Change of Conditions of the Credit Agreement, Loan Agreement".

Approved by the Order of the Government of the Russian Federation of April 3, 2020 No. 436

Method of calculation of the average monthly income of the borrower (the comprehensive average monthly income of borrowers) for the purpose of establishment of the grace period providing suspension of execution by the borrower of the obligations according to the credit agreement (loan agreement)

1. This technique is applied to calculation of the average monthly income of the borrower - the physical person (the comprehensive average monthly income of borrowers - physical persons) who concluded (concluded) about day of entry into force of the Federal Law "About Introduction of Amendments to the Federal Law "About the Central Bank Russian Federation (Bank of Russia)" and Separate Legal Acts of the Russian Federation regarding Features of Change of Conditions of the Credit Agreement, Loan Agreement" with the creditor specified in Item 3 of part 1 of article 3 of the Federal law "About Consumer Loan (Loan)", the credit agreement (loan agreement), including the credit agreement (loan agreement) according to which obligations are provided with mortgage, and also for the purpose of establishment of the grace period providing suspension of execution by the borrower of the obligations according to the credit agreement (loan agreement).

2. Calculation of the average monthly income of the borrower - physical person (the comprehensive average monthly income of borrowers - physical persons) concerning the physical persons who are not individual entrepreneurs is performed as private from division of all comprehensive incomes of the borrower into number of calendar months, in each of which there were payments specified in paragraphs four - the seventh this Item.

The average monthly income of the borrower - physical person (the comprehensive average monthly income of borrowers - physical persons) for 2019 is calculated on the basis:

a) provided by federal executive bodies, state bodies, state non-budgetary funds of the Russian Federation to the borrower (borrowers) for their subsequent transfer on demand to the interested creditor connected to single system of interdepartmental electronic interaction with use of the federal state information system "Single Portal of the State and Municipal Services (Functions)" of data:

received from the Federal Tax Service about the income of the borrower (borrowers) by codes 1240, of 2000, of 2001, of 2002, of 2003, of 2010, of 2012, of 2013, of 2014, of 2300, of 2520, of 2530, of 2710, of 2760, of 2762, approved by the Federal Tax Service for the purpose of conducting accounting of the income by tax agents according to article 230 of the Tax Code of the Russian Federation;

about the size of pension, monthly content to judges or the monthly allowance to judges received from the Pension Fund of the Russian Federation or other state body paying pension to the borrower (borrowers);

about condition of individual personal account of insured person in system of mandatory pension insurance, received from the Pension Fund of the Russian Federation or other state body paying pension to the borrower (borrowers);

b) the information provided by the borrower (borrowers) applying special tax regime "Tax on the professional income" with use of the My Tax mobile application.

3. In case of absence at the creditor of technical capability of receipt of data, the specified in paragraphs five and pole of Item 2 of this technique, the average monthly income of the borrower in electronic form (the comprehensive average monthly income of borrowers) is calculated based on the documents submitted by the borrower (borrowers) to the creditor, certificates of the size of pension, the certificate of monthly content to judges or the monthly allowance to judges and statements about condition of individual personal account of insured person.

4. For the purposes of calculation of the average monthly income of the borrower - physical person (the comprehensive average monthly income of borrowers - physical persons) the creditor makes calculation monthly and if number of calendar months, in each of which there were payments specified in paragraphs four - the seventh Item 2 of this technique, exceeds 5 months, excludes 2 calendar months from the greatest and 2 calendar months with the smallest values of payments.

5. The average monthly income of the borrower - the physical person (cumulative average monthly the income of borrowers - physical persons) which is (being) the individual entrepreneur for 2019 is determined based on the information provided by the Federal Tax Service to the borrower for their subsequent transfer on demand to the interested creditor connected to single system of interdepartmental electronic interaction with use of the federal state information system "Single Portal of the State and Municipal Services (Functions)" and is calculated as private from division of all income of the borrower for 2019 on number 12.

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