Federal Law 28 November 2011 No. 336-FZ "On amendment of certain legislative actions of the Russian Federation in connection with adoption of the Federal law "On Investment Partnerships"" comes into effect on 1 January 2012.
An investment partnership agreement is a simple partnership agreement with certain specifics, concluded for the purpose of joint investment. This Federal Law amends the Tax Code of the Russian Federation with respect to calculation and payment of taxes by participants in an investment partnership(s).
The main changes to part one of the Tax Code of the Russian Federation:
General principles are established for taxation of investment partnerships, in particular:
1. Each individual taxpayer is independently responsible for paying profit or personal income tax on sums received in connection with participation in an investment partnership agreement.
2. The managing partner responsible for maintaining the tax accounting is to keep the tax accounts and pay other taxes arising in connection with fulfilment of the investment partnership agreement.
3. The managing partner responsible for maintaining the tax accounting is to keep separate tax accounts of investment partnership operations in compliance with Chap. 25 of the Tax Code of the Russian Federation and file with the tax authority a report on the financial results of the investment partnership.
4. Direct debiting of taxes, filing of reporting and tax audits of the investment partnership are regulated.
5. Any investment partnership is entitled to challenge, in the usual manner, any acts issued by tax authorities and actions (omissions) on the part of their officials.
6. The managing partner is made liable for violation of the tax legislation committed in connection with fulfilment of an investment partnership agreement.
The main changes to part two of the Tax Code of the Russian Federation
The procedure for determining the tax base, calculating and paying VAT, profit tax, personal income tax and corporate property tax related to investment partnership operations are regulated, specifically:
7. The participant handling general business is made responsible for payment of VAT on operations carried out in accordance with the investment partnership agreement.
8. The services of the managing partner in handling general investment partnership business are not subject to VAT.
9. Transfer of property and property rights in the form of a contribution under an investment partnership agreement, transfer of property and property rights to an investment partnership participant within the limits of the initial contribution (the deposit paid) are not subject to VAT in the event of separation of its stake from the property or division of such property.
10. VAT previously deducted with respect to property and property rights transferred as a contribution to the investment partnership is subject to restoration in the general manner to the partner making the transfer.
11. The managing partner determines the profit (loss) from the activities of the investment partnership on the basis of the results of the reporting (tax) period. The profit gained by each partner is determined proportionally to its stake in the joint business, as established by the investment partnership agreement. In contrast to an ordinary simple partnership, the losses of an investment partnership may be distributed among the partners and deducted from their tax base.
12. Individuals (partners) themselves determine the tax base and pay personal income tax to the budget on their incomes from participation in the investment partnership. At the same time, they are entitled to carry over their losses from participation in the investment partnership to future periods.
13. The profit tax base relating to operations of the investment partnership is determined in the same way as that relating to operations under an ordinary simple partnership agreement.