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LETTER OF THE MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION AND FEDERAL TAX SERVICE

of August 3, 2012 No. ED-4-3/12919 @

About the value added tax

The Federal Tax Service leads up for data and use in work of explanation of the Ministry of Finance of the Russian Federation of 19.07.2012 N 03-07-15/79 to FNS of Russia concerning conducting separate accounting of the value added tax when implementing several transactions exempted from the taxation by this tax.

According to the paragraph the ninth item 4 of article 170 of the Tax Code of the Russian Federation (further - the Code) the taxpayer has the right not to apply provision of this Item and not to keep separate account of the value added tax in 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 expenses on acquisition, production and (or) sales of goods (works, services), property rights. At the same time all tax amounts on value added shown to such taxpayers by sellers of goods (works, services), property rights in the specified tax period are deductible according to procedure, stipulated in Clause 172 Codes.

Thus, calculation of 5 percent size of expenses concerning one of several transactions performed by the taxpayer exempted from the taxation by the value added tax, is not provided by the Code.

 

Adviser of the public civil service of the Russian Federation 2 classes D. V. Egorov

 

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