Article 287. Time Terms and Procedure for the Payment of Tax, and of Tax in the Form of Advance Payments

1. Tax subject to payment after the expiry of the tax period, shall be paid not later than the deadline fixed for submitting tax declarations for the corresponding tax period by Article 289 of the present Code.

The advance payments on the basis of the results of the reporting period shall be made not later than the deadline, fixed for submitting tax declarations for the corresponding reporting period.

The monthly advance payments subject to payment in the course of the reporting period shall be made before the deadline of the 28th of every month of this reporting period.

Taxpayers calculating their monthly advance payments in accordance with actually derived profit shall make the advance payments not later than the 28th of the month next following the month on the basis of which results the calculation of the tax is made.

The sums of monthly advance payments paid in the course of the reporting (tax) period by the results of the reporting (tax) period shall be set off when making the advance payments on the basis of the results of the report period. The advance payments on the basis of the results of the reporting period shall be set off against the payment of the tax by the results of the tax period.

2. The Russian organisation or the foreign organisation performing activity in the Russian Federation through its permanent representation (tax agents) paying out income to a foreign organisation shall with hold the sum of tax from the incomes of this foreign organisation, safe for incomes in the form of dividends and interest on state and municipal securities (in respect of which the procedure established by Item 4 of this Article shall apply), in every payment (transfer) to it of monetary funds or in another receipt of incomes by the foreign organisation, unless otherwise stipulated by the present Code.

The tax agent shall be obliged to transfer the corresponding sum of tax in the course of three days after the day of payment (transfer) of the monetary funds to the foreign organisation or of another receipt of incomes by the foreign organisation.

3. The specifics in the payment of tax by taxpayers having set apart subdivisions, shall be established by Article 288 of the present Code.

4. Tax on incomes paid out to taxpayers in the form of dividends, as well as of interest on state and municipal securities, which is withheld in the payment of the income, shall be transferred to the budget by the tax agent who has effected the payment within ten days from the day of paying out the income.

Tax on the incomes from the state and municipal securities in circulation where the accumulated coupon (interest) yields are deducted from the price of deals subject to taxation in conformity with Item 4 of Article 284 of the present Code in the receiver of incomes shall be paid to the budget by the tax paying receiver of the income in the course of ten days after the end of the month in which the said income was derived.

5. The newly created organisations shall make advance payments for the corresponding reporting period on the condition that the earnings from sales have not exceeded one million roubles per month or three million roubles per quarter. If the above restrictions have been exceeded, beginning with the month next to the month in which such an excess has taken place, the taxpayer shall make advance payments in accordance with the order stipulated by Item 1 of this Article subject to the requirements of Item 6 of Article 286 of this Code.

Article 288. Specifics in the Calculation and Payment of Tax by Tax Payers Who Have Set Apart Subdivisions

1. Tax paying Russian organisations which have set apart subdivisions shall calculate and pay to the federal budget the sums of advance payments, as well as the sums of tax calculated by the results of the tax period at the place of their location without distributing the said sum among the set apart subdivisions.

2. The advance payments and the sums of tax subject to entry to the revenue part of the budgets of the subjects of the Russian Federation and of the budgets of the municipal entities, shall be paid by tax paying Russian organisations at the place of location of the organisation, as well as at the place of location of each of its set apart subdivisions, proceeding from the share of the profit falling on these set apart subdivisions which shall be defined as the average arithmetical value of the specific weight of an average listed number of workers (of outlays onwage payments) and of the specific weight of the residual cost of the depreciated property of this set apart subdivision, respectively, in the average listed number of workers (in outlays on wage payments) and in the residual cost of the depreciated property defined in conformity with Item 1 of Article 257 of the present Code for the taxpayer as a whole.

The specific weight of an average listed number of workers and the specific weight of the residual cost of depreciated property shall be defined reasoning from the actual indices of an average listed number of workers (of outlays on wage payments) and the residual cost of the fixed assets of said organizations and their separate subdivisions, as on the end of a report period.

Taxpayers shall determine on their own which of the indices shall be applied - the average listed number of workers or the sum of the outlays on wage payments. The index chosen by the taxpayer shall remain unchangeable in the course of the tax period.

Instead of the index of the average listed number of workers, tax payers with a seasonal cycle of work or with other specifics in the activity stipulating the seasonal character of attracting workers, may apply, by agreement with the tax body at the place of its location, the index of the specific weight of the outlays on the remuneration of labour, defined in conformity with Article 255 of the present Code. In this case shall be defined the specific weight of the outlays on the remuneration of labour of every set apart subdivision in the total taxpayer's outlays on the remuneration of labour.

The sum of the advance payments, as well as the sums of tax subject to entry into the revenue part of the budgets of the subjects of the Russian Federation and of the budgets of the municipal entities, shall be calculated in accordance with the tax rates operating on the territories where the organisation and its set apart subdivisions are situated.

3. Taxpayers shall calculate the advance payments on the tax, as well as the sums of tax to be entered to the budgets of the subjects of the Russian Federation and to the budgets of the municipal entities at the place of location of the set-apart subdivisions, on his own.

Taxpayers shall supply information on the sums of the advance payments on the tax, as well as on the sums of tax calculated by the results of the tax period, to his set apart subdivisions, as well as to the tax bodies at the place of location of the set apart subdivisions, not later than the deadline fixed by the present Article for submitting tax declarations for the corresponding reporting or tax period.

4. Taxpayers shall pay the sums of advance payments and the sums of tax calculated by the results of the tax period to the budgets of the subjects of the Russian Federation and to the local budgets at the place of location of the set apart subdivisions not later than the deadline fixed by Article 289 of the present Code for submitting tax declarations for the corresponding reporting or tax period.

5. If the taxpayer has a set apart subdivision outside the Russian Federation, the tax shall be subject to payment to the budget with account taken of the specifics established by Article 311 of the present Code.

Article 289. Tax Declaration

1. Regardless of their duty to pay tax and (or) to make advance payments on the tax, as well as of the specifics in the calculation and payment of the tax, taxpayers shall be obliged, after the expiry of every reporting and tax period, to submit to the tax bodies at the place of their location and at the place of location of every one of the set apart subdivisions, the corresponding tax declarations in the order established by the present Article.

Tax agents shall be obliged, after the expiry of every reporting (tax) period in which they effected payments to the taxpayer, to submit to the tax bodies at the place of their location the tax calculations in accordance with the procedure defined by this Article.

2. By the results of the reporting period taxpayers shall submit tax declarations made out in simplified form. Non-profit organisations with which no liabilities arise on the payment of tax shall submit the tax declaration of simplified form after the expiry of the tax period.

3. Taxpayers (tax agents) shall submit tax declarations (tax calculations) in 28 days at latest, as of the date of the end of the corresponding tax period. The taxpayers calculating the sums of monthly advance payments on the basis of actually received profits shall submit tax declarations within the terms established for making advance payments.

4. The tax declarations (tax calculations) by the results of the tax period shall be submitted by taxpayers (tax agents) not later than March 28 of the year next to the expired tax period.

5. The organisation whose composition includes set apart subdivisions shall submit after the end of every reporting and tax period to the tax bodies at the place of its location the tax declaration for the organisation as a whole, with distribution by the set apart subdivisions.

Article 290. Specifics in Defining Banks' Incomes

1. To banks' incomes, in addition to the incomes envisaged by Articles 249 and 250 of the present Code, shall also be referred incomes from the banking activity stipulated by this Article. The incomes envisaged by Articles 249 and 250 of the present Code shall be defined with account taken of the specifics indicated in the present Article.

2. For the purposes of this Chapter, to the banks' incomes shall be referred, in particular, the following incomes derived from the performance of banking activity:

1) in the form of interest derived from the bank's placement on its own behalf and at its own expense of monetary funds, as well as from granting credits and loans;

2) in the form of the payment for opening and keeping the bank accounts of clients, including of correspondent banks (including foreign correspondent banks), and for making settlements on their orders, including commission and other forms of remuneration for transfers, encashment, credit letters and other transactions, for formalising and servicing payment cards and other special means intended for the performance of banking transactions, for giving out excerpts and the other documents, and for the search of assets;

3) from the encashment of monetary funds, promissory notes, payment and settlement documents and from the cash servicing of clients;

4) from carrying out transactions in foreign currency, in cash and cashless forms, among them commission fees (awards) in the transactions involved in the purchase or sale of foreign currency, including at the expense and on the orders of the client, and from operations with currency values.

To define incomes of banks from sale (purchase) transactions in foreign currency in a reporting (tax) period there shall be accepted the positive difference between the incomes determined in compliance with Item 2 of Article 250 of this Code and the outlays determined in compliance with Subitem 6 of Item 1 of Article 265 of this Code.

5) from transactions involved in the purchase and sale of noble metals and precious stones in the form of the difference between the price of sale and the cost of discounting;

6) from transactions involved in granting the bank's guarantees and sureties for third persons, envisaging execution in the monetary form;

7) in the form of the positive difference between the sum of funds received from the termination or sale (from subsequent cession) of the right of claim (including that which was earlier acquired) and the cost of discounting of the given right of claim;

8) from the depositary servicing of clients;

9) from leasing especially equipped premises or safes for keeping documents and valuables;

10) in the form of payment for the delivery and shipment of monetary funds, securities and other valuables, as well as the bank's documents (except for encashment);

11) in the form of payment for shipment and storage of noble metals and precious stones;

12) in the form of the remuneration received by the bank from exporters and importers for the discharge of the functions of currency control agents;

13) from transactions involved in the purchase and sale of collection coins in the form of the difference between the price of sale and the price of acquisition;

14) in the form of the sums the bank received from returned credits (loans), the losses from whose writing off were earlier recorded in the composition of the outlays which have reduced the tax base, or which were written off at the expense of created reserves, the deductions on whose setting up previously reduced the tax base.

15) in the form of the compensation the bank received for making the outlays on remunerating the services of outside organisations involved in the exertion of control over the correspondence of the bars of noble metals received by the bank from natural persons and legal entities, to the standards;

16) from the performance of forfeiting and factoring transactions;

17) from rendering services connected with the installation and operation of electronic systems of documents circulation between a bank and clients, including systems "client-bank";

18) in the form of commission fees (remuneration), when making transactions in currency values;

19) in the form of the positive difference resulting from the excess of positive revaluation of precious metals over negative revaluation thereof;

20) in the form of the sums of a reestablished reserve against possible losses in respect of loans where the outlays for forming it were included into the composition of outlays in the procedure and on the conditions which are established by Article 292 of this Code;

21) in the form of the sums of reestablished reserves against depreciation of securities where the outlays for forming them were included into the composition of outlays in the procedure and on the conditions which are established by Article 300 of this Code;

22) the incomes connected with banking activity.

3. The sums of positive revaluation of funds in foreign currency received as payment for the banks' authorised capitals shall not be included into the bank's incomes.