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21.07.2015
Sergey Kolesnikov, Associate of the Law Firm "YUST", commented for the Russian Business Newspaper on the details of payment of the commercial duty, which entered into force in Moscow on July 1st: “Pursuant to clause 8 of Article 346.21 of the TCRF, the taxpayers that apply the STS with the taxation object “income” may decrease the amount of the tax credited to the consolidated budget of the constituent territory of the Russian Federation, of which the municipality, where the duty is established, is a part, by the amount of said duty paid during the current tax period”. However, the tax cannot be decreased by the amount of the expenses under clause 3.1 of Article 346.21 of the TCRF, if such decrease would exceed 50%. And here is where a dual interpretation of the law is possible. The unified tax may be decreased by the amount of the commercial duty without the 50% limitation, because said duty was not directly mentioned in clause 3.1 of Article 346.21 of the TCRF, or is the 50% limitation to be applied? The Department’s letter gives no answer as to how exactly the setoff of the tax is to be done.
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