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LETTER OF THE FEDERAL TAX SERVICE OF THE RUSSIAN FEDERATION

of August 19, 2013 No. AC-4-3/14908 @

About the direction of explanations of the Ministry of Finance of the Russian Federation of 06.08.2013 No. 03-03-10/31651 about accounting treatment for the purpose of the taxation of profit of the amounts received as a result of reduction of the size of the authorized capital by limited liability company up to the size smaller than the cost of its net assets

The Federal Tax Service directs for data and use in work the letter of the Ministry of Finance of the Russian Federation of 06.08.2013 No. 03-03-10/31651 about accounting treatment for the purpose of the taxation of profit of the amounts received as a result of reduction of the size of the authorized capital by limited liability company up to the size smaller than the cost of its net assets.

Bring this letter to subordinated tax authorities, and also to taxpayers.

Valid counselor of state of the Russian Federation 2 classes

S. N. Andryushchenko


 

Appendix

LETTER OF THE MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION

of August 6, 2013 No. 03-03-10/31651

The department of tax and customs and tariff policy considered the letter on procedure for the taxation of profit of the organizations in case of reduction of the authorized capital of limited liability company and reports the following.

In compliance Item 16 of article 250 of the Tax Code of the Russian Federation (further - the Tax Code of the Russian Federation) treat non-operating incomes including the income in type of the amounts on which in the accounting (tax) period there was reduction of the authorized (share) capital (fund) of the organization if such reduction is performed with simultaneous refusal of return of cost of the corresponding part of fees (deposits) to shareholders (participants) of the organization (except as specified, provided by the subitem 17 of Item 1 of article 251 Tax Code of the Russian Federation).

According to the subitem 17 of Item 1 of article 251 Tax Code of the Russian Federation in case of determination of tax base on the income tax of the organizations the income in type of the amounts on which in the accounting (tax) period there was reduction of the authorized (share) capital of the organization according to requirements of the legislation of the Russian Federation is not considered.

According to Item 1 of article 14 of the Federal Law of 08.02.1998 No. 14-FZ "About limited liability companies" (further - the Law No. 14-FZ) the authorized capital of limited liability company (further - society) is constituted from nominal value of shares of his participants.

According to Item 1 of article 20 of the Law No. 14-FZ society has the right, and in the cases provided by the Law No. 14-FZ shall reduce the authorized capital. Reduction of the authorized capital of society can be performed by reduction of nominal value of shares of all members of society in the authorized capital of society and (or) repayment of the shares belonging to society.

According to the subitem 1 of item 4 of article 30 of the Law No. 14-FZ society shall make the decision on reduction of the authorized capital to the size which is not exceeding the cost of its net assets if net assets value of society remains less than its authorized capital upon termination of the financial year following the second financial year or each subsequent financial year.

According to the line item stated in Determination of the Supreme Arbitration Court of the Russian Federation of 13.10.2009 No. BAC-11664/09, the amount of reduction of the authorized capital will be considered as non-operating income and to be considered for the purpose of the profit taxation only if the authorized capital decreases in voluntary procedure (that is not based on mandatory requirements of the legislation) and at the same time reduction of the authorized capital is not followed by the corresponding payment (return) of cost of part of contribution to members of society.

Thus, if society reduces the authorized capital up to the size smaller, than the cost of its net assets, in fulfillment of duties, assigned to it by item 4 of article 30 of the Law No. 14-FZ, then the amount on which there was reduction of the authorized capital is not recognized the taxation object on the income tax owing to the subitem 17 of Item 1 of article 251 Tax Code of the Russian Federation and respectively there is no non-operating income in the form of difference between net assets value and the size of the authorized capital after its reduction.

Director of the department of tax and customs and tariff policy

I. V. Trunin


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