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FEDERAL LAW OF THE RUSSIAN FEDERATION

of June 8, 2015 No. 140-FZ

About voluntary declaring by physical persons of assets and accounts (deposits) in banks and about modification of separate legal acts of the Russian Federation

(as amended on 09-03-2022)

Accepted by the State Duma on May 22, 2015

Approved by the Federation Council on June 3, 2015

Article 1. Purposes of this Federal Law

This Federal Law is directed to creation of legal mechanism of voluntary declaring of assets and accounts (deposits) in banks, ensuring legal guarantees of safety of the capital and property of physical persons, protection of their valuable interests, including outside the Russian Federation, decrease in the risks connected with possible restrictions of use of the Russian capitals which are in foreign states, and also with transition of the Russian Federation to automatic exchange of tax information with foreign states.

Article 2. The basic concepts used in this Federal Law

1. For the purposes of this Federal Law the following basic concepts are used:

1) the customs applicant - the physical person which provided the special declaration (further - the declaration) according to this Federal Law, who is the citizen of the Russian Federation, the foreign citizen or the stateless person;

2) the agreement of nominal ownership of property - the agreement which is signed according to the legislation of foreign state and based on which right of the owner of the property belonging to physical person are transferred to the other person performing these rights in interests and (or) at the request of this physical person;

3) the nominal owner of property - person performing the rights of the owner of property in interests and (or) at the request of physical person based on the agreement of nominal ownership of property;

4) the actual owner of property - physical person, in interests and (or) at the request of which the nominal owner of property performs the rights of the owner of this property based on the agreement of nominal ownership of property.

2. The concepts of the civil legislation, the legislation of the Russian Federation on taxes and fees and other industries of the legislation of the Russian Federation used in this Federal Law are applied in that value in what are used in these industries of the legislation if other is not provided by this Federal Law.

Article 3. Procedure and conditions of submission of the declaration

1. Physical person in time, stipulated in Clause the 5th this Federal Law having the right to provide the declaration containing the following data (taking into account the features provided by this Federal Law for the third and fourth stages of declaring):

1) about property (the parcels of land, other real estate objects, vehicles, financial assets, including shares, and also shares and shares in the authorized (share) capital of the Russian and (or) foreign organizations), owner or the actual owner of which for date of submission of the declaration is the customs applicant;

2) about the controlled foreign companies concerning which the customs applicant for date of submission of the declaration is the controlling person (if the bases for recognition of the foreign organization or foreign structure without formation of legal entity by the controlled foreign company are not connected with direct participation of physical person in the capital by shareholding, shares and (or) shares in the authorized (share) capital of such companies);

3) about accounts (deposits) of physical person in the banks located outside the Russian Federation (including about the accounts (deposits) specified in this Item, closed for date of submission of the declaration) about which opening and change of details tax authorities in the place of the accounting according to the Federal Law of December 10, 2003 No. 173-FZ "About currency control and currency exchange control" shall notify physical persons;

4) about accounts (deposits) in banks if concerning the account holder (contribution) the customs applicant for date of submission of the declaration is recognized the beneficial owner according to the Federal Law of August 7, 2001 to No. 115-FZ "About counteraction of legalization (washing) of the income received in the criminal way and to terrorism financing", and the description of the bases for recognition of this physical person by the beneficial owner;

5) about the cash (in currency of the Russian Federation, foreign currency) which is subject to introduction by physical person into accounts (deposits) in credit institutions of the Russian Federation.

1.1. During the third stage of declaring physical person in time, stipulated in Clause the 5th this Federal Law, reflects also following data in the declaration containing the data specified regarding 1 this Article:

1) about state registration of the international companies according to the procedure of redomitsilyation according to the Federal Law of August 3, 2018 No. 290-FZ "About the international companies and the international funds" applicable to all foreign organizations (the controlled foreign companies), data on which contain in the declaration;

2) about money transfer from accounts (deposits) in the banks located outside the Russian Federation, data on which contain in the declaration, into accounts (deposits) of the customs applicant in credit institutions of the Russian Federation.

1.2. During the fourth stage of declaring physical person in time, stipulated in Clause the 5th this Federal Law, reflects also following data in the declaration containing the data specified regarding 1 this Article:

1) about money transfer from accounts (deposits) in the banks located outside the Russian Federation, data on which contain in the declaration, into accounts (deposits) of the customs applicant in credit institutions of the Russian Federation;

2) about transfer of financial assets from accounts (deposits) in the banks and the organizations of the financial market located outside the Russian Federation into accounts (deposits) in credit institutions of the Russian Federation or the organizations of the financial market of the Russian Federation;

3) about the cash which is subject to introduction by physical person into accounts (deposits) in credit institutions of the Russian Federation;

4) about re-registration of vehicles in the corresponding state registers of the Russian Federation.

2. The declaration is submitted in tax authority the customs applicant personally or through the authorized representative who is acting on the basis of the notarized power of attorney.

3. The form of the declaration is established by appendix 1 to this Federal Law. The procedure for filling of the declaration is established by appendix 2 to this Federal Law. The Ministry of Finance of the Russian Federation makes written explanations to federal executive body, the representative for control and supervision in the field of taxes and fees, concerning application of regulations of this Federal Law regarding procedure for filling of the declaration. The specified explanations are subject to publication on the official site of the Ministry of Finance of the Russian Federation on the Internet.

4. The declaration is submitted in duplicate, each of which shall be signed by the customs applicant.

5. The following documents and (or) data confirming information containing in the declaration are attached to the declaration represented during the first and (or) second stages of declaring:

1) the notarized copy of each of agreements of nominal ownership of property (if the customs applicant specifies in the declaration of the data on property which actual owner he is);

2) other documents and (or) data attached to the declaration at the request of the customs applicant, confirming information containing in the declaration;

The list of documents and (or) the data attached to the declaration constituted in any form in duplicate and containing the short description of signs and details of the specified documents allowing them to identify 3).

5.1. If the declaration represented during the third stage of declaring contains the data specified in Item 2 of part 1.1 of this Article also following documents are attached to the declaration in addition to the documents and data specified in part 5 of this Article:

1) the report on cash flow on the account (contribution) in bank outside the territory of the Russian Federation provided by part 7 of article 12 of the Federal Law of December 10, 2003 No. 173-FZ "About currency control and currency exchange control" from January 1, 2019 on date within 15 calendar days before date of submission of the declaration or on closing date of the account (contribution);

2) the statements on transactions on accounts (deposits) confirming transfer of money into the accounts (deposits) of the customs applicant in credit institutions of the Russian Federation issued and certified by such credit institutions.

5.2. If the declaration represented during the fourth stage of declaring contains the data specified in Item 1 or 2 of part 1.2 of this Article also following documents are attached to the declaration in addition to the documents and data specified in part 5 of this Article:

1) the report on cash flow on the account (contribution) in bank or the organization of the financial market outside the territory of the Russian Federation provided by part 7 of article 12 of the Federal Law of December 10, 2003 No. 173-FZ "About currency control and currency exchange control" from January 1, 2022 on date within 15 calendar days before date of submission of the declaration or on closing date of the account (contribution);

2) the statements on transactions on accounts (deposits) confirming transfer of money or financial assets into the accounts (deposits) of the customs applicant in credit institutions of the Russian Federation or the organizations of the financial market of the Russian Federation issued and certified by such credit institutions or the organizations of the financial market.

5.3. If the declaration represented during the fourth stage of declaring contains the data specified in item 4 of part 1.2 of this Article the documents confirming re-registration of vehicles are attached to the declaration in addition to the documents and data specified in part 5 of this Article.

6. The customs applicant has the right to open in any form information on acquisition sources (methods of forming of sources of acquisition) of the objects of property specified in the declaration, sources of the money enlisted into accounts (deposits) specified in the declaration and also to submit the documents confirming the rights of the customs applicant and (or) the nominal owner concerning the objects of property specified in the declaration.

7. The documents and (or) data attached to the declaration shall be drawn up in Russian or have notarially certified translation into Russian.

8. The declaration can be provided by each customs applicant once during each stage of declaring. If other is not provided by this part, repeated submission of the declaration during each stage of declaring is not allowed. Submission of the specified declaration is not allowed. Submission of the declaration during the first, and (or) second, and (or) third stages of declaring does not interfere with submission of the declaration during the fourth stage of declaring. At the same time in case of submission of the declaration during the first, and (or) second, and (or) third stages of declaring submission of the declaration during the fourth stage of declaring regardless of its content is not submission of the specified declaration. In case of receipt of written refusal in acceptance of earlier provided declaration repeated submission of the declaration is allowed within term, stipulated in Clause 5th this Federal Law.

9. The declaration is submitted in any tax authority or in federal executive body, the representative for control and supervision in the field of taxes and fees, at the choice of the customs applicant.

10. Tax authority or federal executive body, the representative for control and supervision in the field of the taxes and fees having no right to refuse to the customs applicant the adoption of the declaration and documents and (or) data attached to the declaration in case of simultaneous observance of all following conditions:

1) the customs applicant observes the requirements to form and procedure for submission of the declaration established by this Federal Law;

2) the list of documents and (or) the data attached to the declaration corresponds to the actual availability and details of the documents attached to the declaration;

3) person submitting the declaration submits the document proving his identity, and in case of submission of the declaration by proxy of the representative also the documents confirming in accordance with the established procedure powers of the authorized representative of the customs applicant;

4) each leaf of the declaration is signed by the customs applicant;

5) ceased to be valid according to the Federal Law of the Russian Federation of 19.02.2018 No. 33-FZ

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