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LETTER OF THE FEDERAL TAX SERVICE OF THE RUSSIAN FEDERATION

of November 30, 2012 No. ED-4-3/20267 @

About severance tax

The Federal Tax Service in connection with the arising questions in case of determination of coefficient of the specific subsoil plot (KV) characterizing degree of clarity the stipulated in Clause 342 Tax Code of the Russian Federation concerning severance tax (further - MET) reports the following.

According to the subitem 9 of Item 2 of article 342 of the Tax Code of the Russian Federation (further - the Code) the taxation in case of oil extraction is made on the tax rate of 446 rub (for the period from January 1 to December 31, 2012 inclusive) and 470 rub (since January 1, 2013) for 1 ton of the extracted oil dehydrated, desalinated and stabilized. At the same time the specified tax rate is multiplied by the coefficient characterizing dynamics of world oil prices (Kts) on the coefficient characterizing degree of clarity of the specific subsoil plot (KV) and on the coefficient characterizing the size of inventories of the specific subsoil plot (Kz).

The item 4 of article 342 of the Code establishes the following procedure for determination of the size of KV in cases when degree of clarity of inventories of the specific subsoil plot (Sv):

a) more either 0,8 is equal less or is equal 1 - the coefficient of KV is calculated by the formula established by this Item;

b) exceeds 1 - the coefficient of KV equal 0,3 is accepted;

c) in other cases (i.e. when Sv of the specific subsoil plot is less than 0,8) - the coefficient of KV is accepted equal 1.

Thus, according to the considered Code regulation, application in case of calculation of MET of this or that size of coefficient of KV is put into direct dependence on degree of clarity of the specific subsoil plot (Sv).

Degree of clarity of inventories of the specific subsoil plot (Sv) is calculated the taxpayer independently based on this the approved state stock balance of minerals as private from division of the amount of cumulative oil extraction on the specific subsoil plot (including losses in case of production) (N) on initial recoverable oil reserves (V). At the same time the initial recoverable oil reserves approved in accordance with the established procedure taking into account surplus and write-off of inventories of oil (except for write-offs of inventories of the extracted oil and losses in case of production), are determined as the amount of inventories of categories A, B, C1 and C2 by the specific subsoil plot according to data of the state stock balance of minerals for January 1, 2006.

Thus, in case of lack of data in the state stock balance of oil on the specific subsoil plot on 01.01.2006 coefficient of KV is accepted equal 1. The specified line item is approved with the Ministry of Finance of the Russian Federation (the letter of 22.10.2012 N 03-06-05-01/112).

Adviser of the public civil service of the Russian Federation 2 classes

D. V. Egorov

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

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