Бухгалтерский и кадровый аутсорсинг
Бухгалтерский и кадровый аутсорсинг
Бухгалтерский и кадровый аутсорсинг
Acsour legal digest (November 2017)
Acsour legal digest (November 2017)
Legal Digest \ 23.11.2017

Download Legal Digest here.

1. The procedure for registering legal entities has been simplified

The Russian President has signed a federal law that amends the procedure for the state registration of companies.

If a legal entity is refused state registration because it has failed to provide the required documents or if such documents were incorrectly formalized, the applicant will, to compile the appropriate package of documents, be given three months from the date of the decision to refuse.

During this period, the applicant will be able to submit the documents again without paying state duty. There will be no need to submit once more those documents which the registration authority retained after state registration was refused.

At present, if state registration is refused, such a refusal may only be challenged. If this meets with no success, a new package of documents must be prepared and state duty must be paid to apply to the Federal Tax Service for registration purposes. The state duty previously paid is non-refundable.

The amendments will start to have effect from 1 October 2018.

Acsour’s lawyers are ready to supply you with services for the state registration of legal entities.

 

2. The procedure for handling foreign exchange transactions has been simplified

The Bank of Russia has developed a new instruction regarding the procedure for submitting supporting documents to authorized banks with respect to foreign exchange transactions. The updated version of the instruction will make life much easier for companies working with foreign exchange contracts.

 The amendments will come into force from 1 January 2018. These contain the following updates for legal entities: 

  • residents will be no longer required to formalize a so-called ‘transaction passport’;
  • a procedure is introduced for registering foreign exchange contracts with banks, with unique numbers being assigned to such contracts;
  • for residents that are exporters, a simplified procedure is established for registering their contracts: banks will register the contracts within a single business day;
  • residents will no longer be required to submit statements of foreign exchange transactions, but they will still need to provide the documents that constitute the grounds for such transactions;
  • when foreign currency is credited to a transit account, a resident is required to submit the corresponding document no later than 15 business days after the date the foreign currency was credited to the account.

 Acsour’s experts will answer any questions you may have regarding the procedure for handling foreign exchange transactions.

 

 

  • 3. Insurance contribution thresholds for 2018

The Russian Government has approved the resolution on the threshold values of the base for insurance contributions for 2018.

The threshold of the taxable base for calculating insurance contributions is the amount of payments in favor of an employee in excess of which insurance contributions are charged at a reduced rate. If the annual amount of payments exceeds a certain threshold, the contribution rate for employees decreases, which means that the employer pays less.

The threshold values of the social contribution base for the next year will be increased.

According to the resolution, the thresholds will be as follows:

  • RUB 815,000 – for compulsory social insurance contributions relating to temporary incapacity to work and maternity;
  • RUB 1,021,000 – for compulsory pension insurance contributions.

The current threshold figures are set at RUB 775,000 and RUB 876,000 respectively.

No threshold for compulsory medical insurance has so far been set.

The rates of all types of social insurance contributions will remain at the 2017 level.

Thus, the tax burden on companies will increase with respect to employees with an annual salary of RUB 755,000 before the deduction of personal income tax (more than RUB 62,900 per month). For employees with an annual salary exceeding RUB 1,021,000 (RUB 85,100 per month) before personal income tax is deducted is deducted, in 2018 it will be necessary to pay RUB 19,100 more in insurance contributions than in the current year.

For questions related to the calculation of insurance contributions you are welcome to contact the specialists of Acsour.

 

4. A tax certificate in form 2-NDFL may be obtained through a personal account at nalog.ru

Formerly, a certificate of income in form 2-NDFL could only be requested from the accounting department at a taxpayer’s place of employment.

The Russian Federal Tax Service’s official website at www.nalog.ru has announced a new service for taxpayers who are individuals. It is now possible to download the income certificate from your personal account as PDF and XML files that are signed by an enhanced encrypted and certified digital signature of the Federal Tax Service. To do this, you should visit the section ‘Personal income tax and social insurance contributions’ and click on the link ‘Download with electronic signature’.

Acsour has tested the service and can reassure you that it is working.

 

5. To formalize an employee’s resignation, an employer requires an original of his/her resignation notice

In its Ruling No. 20-KG17-7 dated 11 September 2017, the Russian Supreme Court asserted the need for an employer to obtain an original resignation notice from an employee who is leaving the company according to his/her own will.

The original resignation notice must indicate both the date on which the notice was drawn up and the actual date of resignation. In the event of a dispute or litigation, the original will help the employer to prove that the employee intended to resign.  

In the case at hand, the employee submitted the resignation notice at the behest of the management, but then revoked it and retained the original. Subsequently, the employee applied to court arguing that his dismissal was illegal. The employer lost the case and had to reinstate the employee to his job and pay him salary for the period of enforced absence.

The judgment is especially relevant in cases when an employee sends a copy of his/her resignation notice by fax or email when he/she works remotely.

Acsour’s experts are ready to advise you on the practical application of employment legislation.

 

6. New rules for formalizing the holding of more than one job position

The Federal Service for Employment and Labor Relations (known by the Russian abbreviation ‘Rostrud’) has advised that it is unacceptable to discriminate against employees when additional payment is set for the holding more of than one job position.

Rostrud has considered the situation in which additional payment for holding more than one job position accounted for 10% of the salaries of employees. The content and scope of such additional work did not differ. The difference in basic salaries resulted in employees receiving different money for holding more than one job position. When different employees carry out similar additional work, the additional payment for the second job position should be the same.

Thus, even if a condition regarding additional work has initially been included in the employee’s employment agreement, an order should be always issued indicating the amount of the additional payment in roubles for such additional work.

You are welcome to contact Acsour for any issues relating to the formalization of HR documents. 

Руководитель отдела
по развитию бизнеса:
Ольга Филипова моб.: + 7 (931) 262-5352 тел.: + 7 (812) 454-4424 e-mail: olga.filipova@acsour.com