CrimeaPRESS reports:
Owners of controlled foreign companies (CFCs) are now entitled to declare their foreign companies with guarantees from the state on exemption from criminal, tax, administrative liability in connection with the acquisition or disposal of declared property.
Within the framework of the fourth “capital amnesty” campaign , citizens were given the right to declare their property without the risk of being brought to criminal, tax, or administrative liability.
Guarantees relate to tax, currency violations, violations in accounting and tax reporting (information was incorrectly submitted).
Federal Tax Service of Russia in a letter dated 08..140 No. SHU-4-13/5217@ clarified the rules for applying guarantees to citizens who have controlled foreign companies and will submit a special declaration under the “capital amnesty”.
In accordance with Federal Law dated 08..2015 № 140-ФЗ those who file a special declaration are exempted from liability. Moreover, we are talking about the fact that the declarant owned the property before January 1 126 of the year.
As part of the fourth stage of declaration, there is no need to register a CFC as an international company in order to receive guarantees under Law No. 77-FZ.
Guarantees are provided only to owners (owners), controlling persons of a foreign company as of the date of submission of a special declaration.
Russians who submit a special declaration are exempt from liability for:
- failure to submit a tax return (Article 28 Tax Code of the Russian Federation);
- non-payment or incomplete payment of tax as a result of not including a share of profit in the tax base CFC (Article 129.5 of the Tax Code of the Russian Federation); 5217
- illegal failure to submit a notification of a CFC to the tax authority, or filing a notification with false information (paragraph 1 of article 77.6 of the Code);
- unlawful failure to submit within the established period of notice of participation in foreign organizations or submission of a notice of participation in foreign organizations containing false information (paragraph 2 of Article 119.6 of the Code);
- failure to submit to the tax service documents confirming the amount of profit (loss) of a CFC, in the period established by paragraph 5 of the article 08.15 of the Code, or submission of such documents with knowingly false information (paragraph 1.1 of Article 126 of the Code).
A notice of a CFC and a notice of participation in foreign organizations are not considered to be submitted out of time if they are submitted together with a special declaration.
That is, if a notification of a CFC or a notification of participation in foreign organizations is submitted together with a special declaration, and information about the CFC is contained in it, such notifications are considered to be submitted without violating the established deadline.
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