Legal digest (February 2018)
Legal Digest \ 19.02.2018

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1. The deadline is approaching for filing a form 3-NDFL personal income tax return for 2017

Please be reminded that individuals must file their personal income tax returns with tax authorities by 3 May 2018 at the latest.

All individuals, including Russian nationals and foreign citizens, who have unearned income of which the source is in Russia, are obliged to file a form 3-NDFL tax return. Reportable unearned income means income from selling or renting out property, winning a lottery prize, or receiving an inheritance. A tax return must be also filed to claim tax deductions on expenses from the purchase of real estate, tuition fees or medical care. For the full list of cases in which the form 3-NDFL tax return must be filed and for the types of tax deductions and conditions to claim such deductions, please follow this link.

Moreover, for foreign nationals who obtained the status of a tax resident in 2017, filing a tax return is a prerequisite for recalculating and obtaining a refund of tax which was previously withheld at the rate of 30%.

If you do not file and pay at the time of the form 3-NDFL tax return, you will have to pay two fines:

  • for the failure to file a tax return — 5% of the amount, and
  • for the failure to pay tax — 20% of the personal income tax.

Acsour’s experts are ready to undertake the duty to fill in and file a form 3-NDFL tax return and to clarify all the questions you may have.


2. The Ministry of Finance has issued a reminder of the criteria of a mandatory audit

Under Russian legislation, a mandatory audit is held annually to express an opinion regarding the accuracy of a company’s accounts and financial statements.

The Ministry of Finance has published the criteria according to which companies will be selected for a mandatory audit for 2017. In terms of financial indicators, companies are subject to a mandatory audit if their revenues exceed RUB 400 million for 2016, or if their balance sheet assets at the end of 2016 exceed RUB 60 million. For a full list of criteria, please visit the website of the Ministry of Finance.

Acsour’s experts will advise you on issues pertaining to audits and will help you to prepare for them.


3. Employers are being inspected for compliance with statutory requirements relating to jobs for employees with disabilities

Starting from 1 January 2018, companies are being inspected more frequently in terms of working conditions for employees with disabilities and the quota of jobs for such category of employees.

First and foremost, inspectors will verify whether companies are complying with their obligations to establish jobs for employees with disabilities. The quota for disabled employees in Moscow and St Petersburg is set at the level of at least 2% and 2.5% respectively, where there is an average headcount of over 100 employees.

Before proceeding with potential inspections, the Ministry of Labour has approved guidelines for identifying signs of discrimination against the disabled. According to such guidelines, both a disabled employee and an employer may determine to what extent conditions within a company correspond to Russian legislation.

Acsour’s experts are ready to provide you with information in relation to ensuring jobs for employees with disabilities.


4. An interactive service has been launched to obtain a residency certificate

An online service to obtain a certificate of residency of the Russian Federation for individualsandlegal entities has been launched starting from January 2018.

A document confirming the status of a tax resident of the Russian Federation may be chosen to avoid double taxation and for other purposes that require such a document.

It is now possible to submit your application and supporting information to the Federal Tax Service by using the online service. A print-ready certificate of residency will be sent to you by mail or through the interactive service of the Federal Tax Service.

You can monitor the status of your application on the website, in real time, once the application has been registered with the Federal Tax Service. The time limit for the consideration of an application is 40 calendar days.

Moreover, you can use this online service to check the validity of a residency certificate based on the number of the certificate issued to a company or an employee.

Acsour’s experts will help you to deal with the intricacies of residency issues.


5. How regulations regarding migration procedures have been changed for foreign nationals

New regulations regarding migration registration and provision of work permits have changed since 2018.

Starting from 1 January 2018, the form of notification of the arrival of a foreign national has been changed for migration purposes.

Rules for the issuance of permits to hire and use foreign employees have come into force starting from 23 January 2018.

Further, the procedure for the issuance of work permits has been changed, along with an extension of the time limits for taking the decision. Now, the procedure will take up to 15 business days from the date when the documents were filed (formerly the time limit was 10 days). If documents have not been filed that are needed for the decision to be taken, the time limit may be extended to 60 calendar days.

Acsour’s lawyers are ready to offer you services regarding migration registration and obtaining permissive documents for foreign employees.


6. Before appointing a new general director, he or she should be checked against the register of disqualified persons

The Federal Tax Service has launched a new free-of-charge service allowing a candidate for a management position to be checked against the register of disqualified persons.

Disqualification means that an individual is prohibited from being engaged in entrepreneurial activity, being a member of the board of directors and managing a company for a period of between 6 months and three years.

If it accepts a disqualified person to a management position, a company will face a fine of up to RUB 100,000.

To check a future director, you may request information directly from the register (the service fee is RUB 100), or, free of charge, on the website of the Federal Tax Service in the register of disqualified persons. To check the candidate you need to know his or her personal data (full name and date of birth).

Acsour’s experts are ready to answer your questions on how to obtain information regarding the disqualification of individuals.