Article 270. Outlays Not Recorded for the Purposes of Taxation

When defining the tax base, the following outlays shall not be recorded:

1) those in the form of the sums of dividends calculated out by the taxpayer, and of the other sums of a distributed income;

2) those in the form of penalties, fines and other sanctions transferred into the budget (state extra-budgetary funds), as well as in the form of fines and other sanctions collected by the state organisations, to which the right to inflict these sanctions is granted by the legislation of the Russian Federation;

3) those in the form of a contribution into the authorised (summed up) capital, or of a contribution into a simple partnership;

4) in the form of the sum of the tax as well as the sums of the payments for above-the-norm ejections of pollutants into the environment;

5) those in the form of the outlays on the acquisition and (or) on the creation of the depreciated property;

6) those in the form of contributions for the voluntary insurance, except for the outlays indicated in Articles 255 and 263 of the present Code;

7) those in the form of contributions into the non-state pension security, except for the outlays pointed out in Article 255 of the present Code;

8) in the form of interest calculated by a tax paying borrower to the creditor above the sums recognized as outlays for the purposes of taxation in conformity with Article 269 of the present Code;

9) in the form of the property (including monetary assets) transferred by a commission agent, an agent and (or) other attorney in the execution of contracts of commission, of agency contracts and of other similar contracts, as well as on account of covering the expenses made by a commission agent, an agent and (or) other attorney instead of a consignor, principal and (or) another truster under the terms and conditions of contracts made;

10) those in the form of deductions into the reserve against the devaluation of investments into securities, set up by organisations in conformity with the legislation of the Russian Federation, with the exception of the sums of deductions into the reserves against the devaluation of securities, made by professional securities market traders in conformity with Article 300 of the present Code;

11) those in the form of guarantee deposits, transferred into the special funds established in conformity with the demands of the legislation of the Russian Federation, intended for reducing the risks of the non-execution of liabilities on deals in the performance of the clearing activity or of an activity aimed at organising trading on the securities market;

12) those in the form of funds and other property handed over under contracts of credit and loan (of other similar funds or other property regardless of the form of legalization of borrowings including debt securities), as well as in the form of the sums directed towards the repayment of such borrowings;

13) those in the form of losses incurred by the objects of the servicing of production and economies, including the objects of communal housing and the socio-cultural sphere, in the part exceeding the ultimate amount defined in conformity with Article 275.1 of the present Code;

14) those in the form of property, works, services and rights of property handed over by way of prepayment by taxpayers who define the incomes and expenditures by method of computation;

15) those in the form of voluntary membership dues (including entrance fees) into public organisations, of the sums of voluntary contributions made by participants in the unions, associations and organisations (amalgamations) for the maintenance of the said unions, associations and organisations (amalgamations);

16) those in the form of the cost of gratuitously handed over property (works, services, the rights of property) and of outlays involved in such handing over;

17) those in the form of the cost of the property handed over in the framework of the purpose-oriented financing in conformity with Subitem 14 of Item 1 of Article 251 of the present Code;

18) those in the form of the negative difference formed as a result of the revaluation of precious stones when the price lists are amended in the established order;

19) those in the form of taxes presented in conformity with this Code by the taxpayer to the buyer (acquirer) of commodities (works and services, as well as rights of property), if not otherwise provided for by this Code;

20) those in the form of the funds transferred to the trade union organisations;

21) those in the form of the outlays on any kind of remuneration given to the management or to the workers besides the remunerations paid out on the grounds of labour agreements (contracts);

22) those in the form of bonuses paid out to workers at the expense of special-purpose funds or of purpose-oriented receipts;

23) those in the form of material assistance to workers (including for an initial contribution for the acquisition and (or) for the construction of housing, for the full or a partial repayment of the credit granted for the acquisition and (or) for the construction of the housing, or of interest-free or privileged loans for improvement of housing conditions, for the acquisition of domestic utensils and for the satisfaction of other social needs);

24) those for the payment of leave to workers, including to women with children, granted additionally in accordance with the terms of collective agreements (above those envisaged by the currently applicable legislation);

25) those in the form of extra payments to pensions, single-time allowances to retiring veterans of labour, the incomes (dividends, interest) on shares or the deposits of the organisation's labour collective, the compensatory allowances in connection with price rises made above the size of the indexation of the incomes by decision of the Government of the Russian Federation, compensations for the higher cost of meals in canteens, snack-bars or prophylactic locations, or providing for them at privileged prices or free of charge (with the exception of special meals for the individual worker categories in the cases envisaged by currently applicable legislation, and with the exception of cases when free of charge or privileged meals are stipulated by labour agreements (contracts) and (or) collective agreements;

26) for the remuneration of fares for going to the place of work and back in public transport and by special routes in departmental vehicles, with the exception of the sums to be included in the composition of the outlays on the manufacture and sale of commodities (works, services) because of the technological specifics of the production, and with the exception of cases when outlays on the remuneration of fares to the place of work and back are envisaged by labour agreements (contracts) and (or) collective agreements;

27) for coverage of the price differences in the sale at privileged prices (tariffs) (below the market prices) of commodities (works, services) to workers;

28) for coverage of the price differences in the sale at privileged prices of products of auxiliary economies for organising public catering;

29) for the remuneration of vouchers for treatment or rest, of excursions or travel, of studies in sports sections, circles or clubs, of attending cultural and entertainment or physical culture (sport) events, of subscription to literature other than normative-technical and other literature used for industrial purposes literature, and of commodities for the workers' personal consumption, as well as other similar outlays made in the workers' favour; of the consignor, of the principal or other trustees;

30) those in the form of the outlay of the taxpayers - organisations for the state stock of special (radioactive) raw materials and of fissionable materials of the Russian Federation on transactions with material values of the state stock of special (radioactive) raw materials and fissionable materials involved in the replenishment and maintenance of the said stock;

31) those in the form of shares handed over by the emitting tax payer, placed between the shareholders in accordance with the decision of the general meeting of shareholders in proportion to the number of shares already in their ownership, or the difference between the nominal cost of the new shares handed over instead of the original ones, and the nominal cost of the original shares of the shareholder during the placement of shares among the shareholders in case of an augmentation of the emitter's authorised capital;

32) those in the form of property or of rights of property handed over as a pledge or a pawn;

33) those in the form of sums of taxes calculated into the budgets of different levels, if the taxpayer has earlier included such taxes in the composition of the outlays, when the tax-payer's credit indebtedness on such taxes is written off in conformity with Subitem 21 of Item 1 of Article 251 of the present Code;

34) those in the form of the purpose-oriented deductions made by the taxpayer for the purposes pointed out in Item 2 of Article 251 of the present Code;

35) those for the performance of useless works put into the development of natural resources in conformity with Item 5 of Article 261 of the present Code;

36) those made on scientific studies and (or) on research and development works which have not produced any positive result - in excess of the amount of the outlays provided for by Article 262 of this Code;

37) those in the form of the travelling allowances paid out above the norm, established by the legislation of the Russian Federation;

38) those on compensation for the use of personal cars and motorbikes on business trips, on the remuneration of daily allowances, field allowances and food rations for the crews of the sea, river and air vessels above the norms of such outlays, fixed by the Government of the Russian Federation;

39) those in the form of payment to the state and (or) to a private notary for formalisation by a notary above the tariffs approved in the established order;

40) those in the form of contributions, deposits and other obligatory payments made to non-profit organisations and international organisations, except for those pointed out in Subitems 29 and 30 of Item 1 of Article 264 of the present Code;

41) those for the replacement of copies of the periodical printed matter which contain defects, which have lost their commercial appearance or which have been found to be absent, as well as losses in the form of the cost of mass media products and books which have lost their commercial style, in which defects have been exposed and which have not been sold, except for the outlays and losses pointed out in Subitems 43 and 44 of Item 1 of Article 264 of the present Code;

42) those in the form of representation outlays in the part exceeding their amounts envisaged by Item 2 of Article 264 of the present Code;

43) those in the form of outlays envisaged by the sixth paragraph of Item 3 of Article 264 of the present Code;

44) for the acquisition (manufacture) of the prizes given to the winners in drawing such prizes when holding mass advertising campaigns, as well as outlays on other kinds of advertising which are not provided for by Paragraphs from Two to Four of Item 4 of Article 264 of this Code in excess of the ultimate norms established by Paragraph Five of Item 4 of Article 264 of this Code;

45) those in the form of deductions to the Russian Fund for Fundamental Studies, the Russian Humanitarian Scientific Fund, the Fund for Rendering Assistance to Small Businesses in the Scientific-Technological Sphere, the Federal Fund for Production Innovations, the Russian Fund for Technological Development and to other branch and interbranch funds for financing scientific studies and research and development works according to the list endorsed by the Government of the Russian Federation in compliance with the Federal Law on Science and State Scientific-and-Technological Policy in excess of the amounts of deductions provided for by Item 3 of Article 262 of this Code;

46) the negative difference obtained from the revaluation of securities in accordance with the market cost;

47) those in the form of outlays of the founder of trust management connected with the execution of an asset management contract, where the asset management contract stipulates that the founder of trust management is not the beneficiary;

48) those in the form of outlays of religious organizations in connection with carrying out religious ceremonies and rituals, as well as in connection with the sale of religious literature and articles of religious purpose.

49) the other outlays, not meeting the criteria pointed out in Item 1 of Article 252 of the present Code.