of August 15, 2012 No. ED-4-3/13520 @
On the tax matter on the income of physical persons of the income in the form of deposit interests in bank
The Federal Tax Service on the tax matter on the income of physical persons of the income in the form of deposit interests in bank reports the following.
According to the paragraph 4 Items 27 of article 217 of the Tax Code of the Russian Federation (further - the Code) in edition of the Federal Law of 22.07.2008 N 158-FZ "About modification of Chapters 21, of 23, of 24, 25 both 26 parts two of the Tax Code of the Russian Federation and some other acts of the legislation of the Russian Federation of taxes and fees", become effective since January 1, 2009, are not subject to taxation on the income of physical persons the income in type of percent on ruble deposits which for date of the conclusion of the agreement or treaty extension was established in the amount of, not exceeding the effective rate of refinancing of the Bank of Russia increased by five percent points provided that during the period of charge of percent the size of deposit interests did not increase and since the moment when the deposit interest rate exceeded the refunding rate of the Bank of Russia increased by five percent points there passed no more than three years.
For the purpose of application to interest incomes on contribution of the specified regulation it is necessary to take into account the sizes of interest rates established for date of the conclusion of the agreement including if the bank deposit agreement provides condition about increase (reduction) in deposit interest rate in case of increase (reduction) in the deposit amount.
Thus, if for date of the conclusion of the agreement deposit interest rates are established in the amount of, not exceeding the effective rate of refinancing of the Bank of Russia increased by five percent points in case of decrease in refunding rate of the Bank of Russia paragraph provisions 4 Items 27 of article 217 of the Code on release of the gained income from the taxation are applied to interest incomes on such contribution.
The line item on the matter is approved with Department of tax and customs and tariff policy of the Ministry of Finance of the Russian Federation.
Bring this letter to subordinate tax authorities.
Adviser of the public civil service of the Russian Federation 2 classes D. V. Egorov
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