[SEE THE POINT] Amendments to chapter 25 of the RF Tax Code related to shareholders were passed in the first reading

27 June 2018


The point at issue is draft federal law No 442400-7, which is to propose making amendments to article 43 of the Tax Code on dividends and interest. The difference between the value and size of the contribution received by a participant (shareholder) upon withdrawal from the entity or its liquidation will be regarded as dividends.

Money received by a participant (shareholder) on a gratuitous basis within the amount of his/her contribution will not be taxable under income tax.

The loss that the participant incurs due to liquidation of the entity may be recognized in non-operating expenses for the purpose of taxation of profit. We would like to remind that recognition of such a loss is now rather risky.

The draft law also provides for other amendments, in particular, regarding limitation of the amount of penalty and controlled foreign entities.

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