Tax Code individuals. Tax Code of the Russian Federation (taxation of individuals)

Interdependent persons

Taxpayer Rights

Ensuring and protecting the rights of taxpayers

Taxpayer Responsibilities

Rights of tax authorities

Responsibilities of the tax authorities

Powers of financial authorities (Ministry of Finance)

Responsibility of tax authorities, customs authorities, as well as their officials

Object of taxation

Principles for determining the price of goods, works or services for tax purposes

Revenue Definition Principles

Fulfillment of tax or duty obligation

Collection of tax, levy, penalties and fines at the expense of the property of an individual

Set-off or refund of excessively paid tax, levy, penalties, fines

Refund of excessively collected taxes, fees, penalties and fines

Tax return (general concept)

Amending the tax return

Accounting for organizations and individuals

   Part 2 of the Tax Code. Chapter 23. Tax on personal income (selected)

Taxpayers (residents and non-residents)

Income from sources in the Russian Federation and income from sources outside the Russian Federation

Object of taxation

The tax base

The tax base for income in kind

The tax base for income in the form of material benefits

Section 213. Tax Base for Insurance Contracts

Section 213.1. The tax base for non-state pension schemes and mandatory contracts retirement insuranceconcluded with NPF

Features of personal income tax payment in respect of income from equity participation in the organization

Definition Features tax base, calculation and payment of tax on income from operations with securities and operations with financial instruments  derivatives transactions, the underlying asset of which are securities or stock indices calculated by the organizers of trading in the securities market

Tax base upon receipt of income in the form of interest received on deposits with banks

Article 216. Tax Period

Non-taxable income (tax exempt)

Standard tax deductions

Social tax deductions

Property tax deductions

Article 221. Professional tax deductions

Article 222. The powers of the legislative (representative) bodies of constituent entities of the Russian Federation to establish social and property deductions

Article 223. Date of actual receipt of income

Tax rates

Section 225. Tax Calculation Procedure

Article 226. Features of calculation, procedure and terms of tax payment by tax agents.

Features of the calculation and payment of tax amounts (advance payments) by certain categories of individuals ( individual entrepreneurs, lawyers, notaries).

Features of tax calculation in relation to individual species  income. Tax Payment Procedure

Tax return (form 3-personal income tax and form 4-personal income tax)

Section 230. Enforcement of the provisions of this chapter

Tax collection and tax refund procedure

Section 232. Elimination of Double Taxation

Section 233. Final Provisions

PART TWO

Section VIII. FEDERAL TAXES

Chapter 23. TAX ON INCOME OF INDIVIDUALS

<< Предыдущая глава Следующая глава >\u003e Table of Contents

Chapter 23 of the Tax Code concerns absolutely all citizens of Russia. And this is not an exaggeration. After all, the described chapter is devoted to the most massive tax - income tax.

Income tax is, of course, an outdated concept. So it was called earlier, in Soviet times, and today its official wording is the personal income tax, the generally accepted reduction is personal income tax. tax code  RF 2016 (latest revision of the document) describes this tax with a complex name in very detail and in the smallest details. Nevertheless, in everyday life we \u200b\u200bcontinue to call it “the old fashioned way” - it’s more familiar and understandable to everyone.

This tax, as its name implies, is taxed on income earned by private citizens. In principle, everything is simple. But there are a lot of details and features in matters related to personal income tax. And all of them are methodically and consistently dealt with precisely by chapter 23 of the Tax Code of the Russian Federation.

The first question that should be addressed according to the tax code is what is included in the concept of income. The seeming scope of the concept nonetheless leaves room for misunderstanding and ambiguity. Is all the money that a person receives from different sources, should be considered income for tax purposes? And can money only be income? A detailed answer to these questions contains two articles - 208 and 217 of Chapter 23 of the Tax Code.

Article 208 lists the types of sources of human income, dividing them at the place of receipt - either domestically or abroad. In principle, both of these lists are similar - this includes salaries, pensions, scholarships, insurance payments, income from the sale of property, and not only, and royalties ... It is separately noted that monetary relations between family members are income they can’t - that is, a wife who receives money from her husband for groceries may not consider this as their income.

Article 217 is a long list of what is not subject to personal income tax. There are several dozens of positions in it - from the most common (childcare allowance, sick leave, pension) to the most exotic (income of the northern peoples from traditional activities).

What else is interesting in chapter 23? Tax rates. We are accustomed to income tax of 13%. For many years, there has been talk of changing it, introducing the so-called progressive scale, where the percentage of tax will depend on the amount of income. But for now, all this is just talk. And while our native personal income tax tax of the Russian Federation in 2016 sets at 13%. But only in some cases. Chapter 23 of the Tax Code of the Russian Federation allocates several tax rates - 13, 15, 30 and 35%. True, the most common rate, of course, is 13. Nevertheless, there are cases when the tax is more than this amount - for example, from non-residents' income, from winnings, etc.

The topic of tax deductions deserves special mention. Having become an unusual novelty 20 years ago, now it has won a large number of informed “fans” - more and more people know their deduction rights and try to realize them. Tax deductions  governed by articles 218-221 of the Tax Code. What it is? This is an opportunity for a citizen to reduce the amount income taxgiven to the state in a number of cases established by law: in the presence of children under 18 years old, when buying or selling real estate, when paying for education, treatment and some others. Among the possible deductions for Personal income tax The latest version of the RF Code 2016 describes: standard (defaulted to a number of citizens), property (when buying and selling property), social (training and treatment, charity) and investment. To receive any deduction, you need to collect documents with confirmation of payments and independently submit a declaration to tax office  at the place of registration. Each type of deduction has its own characteristics, terms, packages of documents. In general, this is a good opportunity to slightly reduce your expenses on essential things (you must admit that treating and educating children, as well as buying a house, these are very important moments in a person’s life).

Chapter 23 of the Tax Code contains many more interesting and useful rules for private individuals. Of course, it is written in a strict legal language - such as regulatory documents usually write. And let it be a little clerical, with cliches and cliches, with sentences in 2 paragraphs containing several participial sentences one by one ... This does not prevent her from being sufficiently accessible to understanding - the NDFL Tax Code of the Russian Federation 2016 describes more or less clearly with careful reading. And we insist - a careful reading of this particular chapter of the code can open up new ideas for you how to save, protect and even increase your income.

(as amended by Federal law  dated November 25, 2009 N 281-ФЗ)

1. When determining the tax base for income from operations with securities and transactions with financial instruments of futures transactions, the income received from the following operations shall be taken into account:

1) with securities circulating in the organized securities market;

2) with securities not traded on the organized securities market;

3) with financial instruments of derivatives transactions circulating on the organized market;

4) with financial instruments for derivatives transactions that are not traded on the organized market.

1.1. At the same time, for the purposes of this article, securities and financial instruments of derivatives transactions are classified as circulating and not circulating on the organized securities market as of the date of sale of a security, financial instrument of derivatives transactions, including receipt of the amount of variation margin and premium on contracts, unless otherwise provided this article.
(Clause 1.1 was introduced by the Federal Law of December 28, 2010 N 395-ФЗ)

2. The procedure for classifying civil rights objects as securities is established by law Russian Federation  and applicable laws of foreign countries.

3. Securities traded on an organized securities market for the purposes of this chapter include:

1) securities admitted to trading by the Russian organizer of trading in the securities market, including on the stock exchange;

2) investment units of open-end mutual investment funds managed by Russian management companies;

3) securities of foreign issuers admitted to trading on foreign stock exchanges.

4. Securities specified in clause 3 of this article (with the exception of investment units of open-end mutual investment funds managed by Russian management companies) for the purposes of this chapter shall refer to securities circulating on the organized securities market, if the market quotation of the security is calculated on them paper. A market quotation of a security means:

1) the weighted average price of a security for transactions completed within one trading day through a Russian organizer of trading in the securities market, including the stock exchange, for securities admitted to trading of such a trade organizer in the securities market, on the stock exchange;

2) the closing price for a security calculated by a foreign stock exchange for transactions completed within one trading day through such an exchange - for securities admitted to trading on a foreign stock exchange.

4.1. In the absence of information on the weighted average price of a security from the Russian organizer of trading on the securities market, including the stock exchange (closing price for a security calculated by a foreign stock exchange), the weighted average price (closing price) established at the date is recognized as a market quote on the date of its sale the closest bidding held prior to the day of the transaction, if the bidding for these securities was held at least once in the last three months.
(Clause 4.1 is introduced by the Federal Law of December 28, 2010 N 395-ФЗ)

5. For the purposes of this chapter, a financial instrument of derivatives transactions is a contract that is a derivative financial instrument in accordance with the Federal Law "On the Securities Market", with the exception of a contract stipulating the obligation of the parties or parties to the contract to pay monetary amounts periodically or at the same time in case of another claim depending on changes in the values \u200b\u200bof the constituent official statistical information, on the occurrence of circumstances indicating performance or improper performance by one or more legal entities, by states or municipalities of their obligations, from physical, biological and (or) chemical indicators of the state of the environment, from another circumstance that is not expressly provided for by the aforementioned Federal Law, as well as from changes in values \u200b\u200bdetermined on the basis of the totality specified in this paragraph indicators.

The assignment of financial instruments for derivatives transactions to traded in the organized market is carried out in accordance with the requirements established by paragraph 3 of Article 301 of this Code.

For the purposes of this chapter, derivatives instruments that are not traded in an organized market include option contracts that are not traded in an organized market.

6. For the purposes of this chapter, securities are also deemed sold (acquired) in the event that the taxpayer ceases to transfer (accept) the relevant securities by offsetting counterclaims of the same type, including when clearing in accordance with the laws of the Russian Federation.

The requirements for the transfer of securities of the same amount of rights of one issuer, one type, one category (type) or one unit investment fund (for investment units of unit investment funds) are recognized as uniform.

At the same time, the offset of homogeneous counterclaims must be confirmed in accordance with the legislation of the Russian Federation with documents on the termination of obligations for the transfer (acceptance) of securities, including reports of the clearing organization, persons engaged in brokerage activities, or managers who provide in accordance with the legislation of the Russian Federation clearing, brokerage services or carry out trust management in the interests of the taxpayer to the taxpayer.

7. For the purposes of this article, income from operations with securities is recognized as income from the sale (redemption) of securities received in the tax period.

Income in the form of interest (coupon, discount) received in the tax period on securities shall be included in income from operations with securities, unless otherwise provided by this article.

Income from operations with financial instruments of derivatives transactions is recognized as income from the sale of financial instruments of derivatives transactions received in the tax period, including the amount of variation margin and premiums on contracts received. In this case, income from operations with the underlying asset of financial instruments of derivatives transactions is recognized as income received from the delivery of the underlying asset in the execution of such transactions.

Income from operations with securities traded and not traded in the organized securities market, with financial instruments of derivatives transactions traded and not traded in the organized market, carried out by the trustee (except for the management company that carries out trust management of property that makes up the unit investment fund) in favor of the beneficiary - an individual, are included in the income of the beneficiary for the operations listed in subparagraphs 1 - 4 of paragraph 1 of this Article respectively.

8. Income from operations with the underlying asset of financial instruments for derivatives transactions includes:

1) in income from operations with securities, if the underlying asset of financial instruments of derivatives transactions are securities;

2) in income from operations with financial instruments of derivatives transactions, if the underlying assets of financial instruments of derivatives transactions are other financial instruments of derivatives transactions;

3) to other income of the taxpayer, depending on the type of underlying asset, if the underlying asset of the financial instrument of derivatives transactions is not securities or financial instruments of derivatives transactions.

9. Inclusion of income from operations with the underlying asset in income from operations with securities and in income from operations with financial instruments of derivatives transactions specified in subparagraphs 1 and 2 of paragraph 8 of this article is carried out taking into account whether the relevant securities and financial instruments derivatives transactions traded or not traded in an organized market.

10. For the purposes of this article, expenses related to operations with securities and expenses related to operations with financial instruments of derivatives transactions are recognized as documented expenses actually incurred by the taxpayer related to the acquisition, sale, storage and redemption of securities, and transactions with financial instruments of derivatives transactions , with the performance and termination of obligations under such transactions. The indicated expenses include:

1) the amounts paid to the issuer of securities (the management company of the mutual investment fund) in payment of the placed (issued) securities, as well as the amounts paid in accordance with the securities purchase and sale agreement, including the coupon amount;

2) the amount of paid variation margin and (or) premiums on contracts, as well as other periodic or one-time payments stipulated by the terms of financial instruments of derivatives transactions;

3) payment for services provided by professional participants in the securities market, as well as exchange intermediaries and clearing centers;

4) the premium paid to the management company of the unit investment fund upon acquisition of the investment unit of the unit investment fund, determined in accordance with the legislation of the Russian Federation on investment funds;

5) the discount paid to the management company of the unit investment fund upon redemption of the investment unit of the unit investment fund, determined in accordance with the legislation of the Russian Federation on investment funds;

6) expenses reimbursed to a professional participant in the securities market, to a management company engaged in the trust management of property constituting a mutual investment fund;

7) exchange fee (commission);

8) payment for the services of persons maintaining the register;

9) the tax paid by the taxpayer upon receipt of securities by inheritance;

10) the tax paid by the taxpayer upon receipt of shares, units in accordance with clause 18.1 of article 217 of this Code;

11) the amount of interest paid by the taxpayer on loans and borrowings received for transactions with securities (including interest on loans and borrowings for margin transactions), within the amounts calculated based on the refinancing rate of the Central Bank of the Russian Federation effective at the date of payment of interest increased 1.1 times for loans and loans denominated in rubles, and based on 9 percent for loans and loans denominated in foreign currency;

12) other expenses directly related to operations with securities, financial instruments of futures transactions, as well as expenses associated with the provision of services by professional participants in the securities market, asset management companies that carry out trust management of property constituting a mutual investment fund, as part of their professional activities.

11. Accounting for expenses on operations with securities and expenses on operations with financial instruments of derivatives transactions for the purpose of determining the tax base for relevant operations is carried out in the manner prescribed by this article.

12. For the purposes of this article, the financial result on operations with securities and on transactions with financial instruments of derivatives transactions is defined as income from operations minus the related expenses referred to in paragraph 10 of this article.

At the same time, expenses that cannot be directly attributed to the reduction of income from operations with securities or from transactions with financial instruments of derivatives transactions that are or are not traded on the organized market, or to the reduction of the corresponding type of income, are distributed in proportion to the share of each type of income and are included to expenses in determining the financial result tax agent  at the end tax period, as well as in the event of termination prior to the end of the tax period of the last taxpayer agreement concluded with a person acting as a tax agent in accordance with this article. If there are no corresponding types of income in the tax period in which the specified expenses are incurred, then the expenses are accepted in the tax period in which the income is recognized.
(as amended by the Federal Law of December 28, 2010 N 395-ФЗ)

The financial result is determined for each transaction and for each set of operations specified respectively in subparagraphs 1 - 4 of paragraph 1 of this article. The financial result is determined at the end of the tax period, unless otherwise provided by this article. At the same time, the financial result for operations with financial instruments of derivatives transactions that are traded on the organized market and whose underlying asset is securities, stock indices or other financial instruments of derivatives transactions, the underlying asset of which is securities or stock indices, and for operations with other financial derivatives instruments circulating on the organized market are determined separately.

A negative financial result obtained in the tax period for certain transactions with securities, financial instruments of derivatives transactions, reduces the financial result obtained in the tax period for the totality of the relevant operations. At the same time, for operations with securities circulating in the organized securities market, the amount of negative financial result that reduces the financial result for operations with securities circulating in the organized market is determined taking into account the limit of the fluctuation of the market price of securities.

When delivering securities circulating on the organized securities market, which are the underlying asset of a financial instrument for derivatives transactions, the financial result from operations with such a basic asset from a taxpayer making such a delivery is determined based on the price at which the securities are delivered in accordance with the conditions the contract.

A negative financial result obtained in the tax period for certain transactions with securities not traded in the organized securities market, which at the time of their acquisition belonged to securities circulating in the organized securities market, may reduce the financial result obtained in the tax period for operations with securities circulating in the organized securities market.

A negative financial result for each set of operations specified in subparagraphs 1 - 4 of paragraph 1 of this article is recognized as a loss. Accounting for losses on operations with securities and transactions with financial instruments of derivatives transactions is carried out in the manner prescribed by this article and article 220.1 of this Code.

13. Features of the determination of income and expenses for determining the financial result of operations with securities and transactions with financial instruments of derivatives transactions are established by this paragraph.

In determining the financial result of operations with securities, income from the sale and purchase (repayment) of state treasury bonds, bonds and other government securities of the former USSR, member states of the Union State and constituent entities of the Russian Federation, as well as bonds and securities issued by decision representative bodies of local self-government are accounted for without interest (coupon) income paid to the taxpayer, which is taxed at a rate different from that provided for by nktom 1 of Article 224 of this Code, and the payment of which is stipulated by the terms of issue of such securities.
(as amended by the Federal Law of 05.04.2010 N 41-ФЗ)

When securities are sold, expenses in the form of the cost of acquiring securities are recognized at the cost of the first-time acquisitions (FIFO).

In the event that the issuing organization exchanged (converted) shares, upon sale of shares received by the taxpayer as a result of the exchange (conversion), expenses related to the acquisition of shares owned by the taxpayer prior to their exchange (conversion) are recognized as documented expenses of the taxpayer.

When selling shares (stakes, shares) received by the taxpayer during the reorganization of organizations, the cost of their acquisition is the value determined in accordance with paragraphs 4 - 6 of Article 277 of this Code, provided that the taxpayer confirms the costs of acquiring the shares (stakes, shares) of the reorganized organizations.

In the case of exchange (conversion) of investment units of one unit investment fund for investment units of another unit investment fund, carried out by a taxpayer with a Russian management company that manages these funds at the time of exchange (conversion), the financial result of such an operation is not determined until the moment of sale (redemption) ) investment units received as a result of exchange (conversion). When selling (redeeming) investment units received by the taxpayer as a result of such an exchange (conversion), expenses related to the acquisition of investment shares held by the taxpayer prior to their exchange (conversion) are recognized as documented expenses of the taxpayer.

When selling (redeeming) investment units acquired by a taxpayer when depositing property (property rights) into a unit investment fund, documented expenses for the acquisition of property (property rights) entered into a unit investment fund are recognized as expenses for the acquisition of these investment units.

If the taxpayer purchased securities (including received on a gratuitous basis or with partial payment, as well as by donation or inheritance) securities, in case of taxation of income from sales (redemption) of securities as documented expenses for the acquisition (receipt of ) of these securities, the amounts from which the tax was calculated and paid upon acquisition (receipt) of these securities, and the amount of tax paid by the taxpayer are taken into account.
(as amended by the Federal Law of December 28, 2010 N 395-ФЗ)

If, when a taxpayer receives securities by donation or inheritance, the tax is not levied in accordance with paragraphs 18 and 18.1 of Article 217 of this Code, taxation of income from operations related to the sale (redemption) of securities received by the taxpayer by donation or inheritance shall also include documented evidence expenses of the donor (testator) for the acquisition of these securities.
(as amended by the Federal Law of December 28, 2010 N 395-ФЗ)

When issuing and redeeming investment units of mutual investment funds from a management company that trusts the property making up this mutual investment fund, the market price is the estimated value of the investment share determined by the management company in accordance with the legislation of the Russian Federation on investment funds, excluding the limit fluctuations.

If, in accordance with the legislation of the Russian Federation on investment funds, the redemption of investment units of unit investment funds limited in circulation is not carried out at the estimated value of the investment unit, the market price of such an investment unit is the amount of monetary compensation payable in connection with the redemption of the investment unit in accordance with legislation of the Russian Federation on investment funds, without taking into account the limit of fluctuations.

If, in accordance with the legislation of the Russian Federation on investment funds, the issue of investment units of unit investment funds limited in circulation is not carried out at the estimated value of the investment unit, the market price of such an investment unit is the amount of money for which one investment unit is issued and which is determined in accordance with with the rules of trust management of a mutual investment fund, without taking into account the limit of fluctuations.

In the purchase and sale of investment shares of mutual investment funds in the organized market, the market price is the price of the investment share that has developed in the organized securities market, taking into account the limit of the fluctuation of the market price of securities.

When buying and selling investment units of closed and interval unit investment funds that are not traded on an organized market, the market price of an investment unit is the price determined for such units in accordance with paragraph 4 of Article 212 of this Code.

Amounts paid by the taxpayer for the acquisition of the underlying asset of financial instruments for derivatives transactions, including for its delivery in the execution of the derivatives transaction, are recognized as expenses for the delivery (subsequent sale) of the underlying asset.

Amounts paid by the taxpayer for the purchase of securities, in respect of which a partial redemption of the nominal value of the security is provided during the period of its circulation, shall be recognized as expenses upon such partial redemption in proportion to the share of income received from the partial redemption in the total amount to be redeemed.

When determining the financial result of operations with securities received by a taxpayer-donor in case of dissolution of the target capital of a non-profit organization, cancellation of a donation, or otherwise, if the return of property transferred to replenish the target capital of a non-profit organization is provided for by a donation agreement and (or) Federal law dated December 30, 2006 N 275-ФЗ "On the procedure for the formation and use of target capital of non-profit organizations", as taxpayer expenses A donor clerk recognizes in the established manner documented expenses on operations with such securities incurred by the donor before the transfer of such securities to a non-profit organization for replenishment of its target capital.
(paragraph introduced by Federal Law of November 21, 2011 N 328-ФЗ)

14. For the purposes of this article, the tax base for operations with securities and for transactions with financial instruments of futures transactions is a positive financial result for the totality of the relevant operations calculated for the tax period in accordance with paragraphs 6–13 of this article.

The tax base for each set of operations referred to in subparagraphs 1 to 4 of paragraph 1 of this article is determined separately, taking into account the provisions of this article.

15. The amount of loss on operations with securities circulating on the organized market of securities received as a result of these transactions committed in the tax period reduces the tax base on operations with financial instruments of derivatives transactions circulating on the organized market, the underlying asset of which is securities , stock indices or other financial instruments of derivatives transactions, the underlying asset of which are securities or stock indices.

The amount of loss on operations with securities circulating on the organized securities market, obtained as a result of the above transactions performed in the tax period, after the reduction of the tax base on transactions with financial instruments of derivatives transactions circulating on the organized market, the underlying asset of which is securities, stock indices or other financial instruments for derivatives transactions, the underlying asset of which are securities or stock indices, is accounted for in accordance with paragraph 16 of this articles and article 220.1 of the present Code within the tax base for operations with securities traded on the organized securities market.

The amount of loss on operations with financial instruments of derivatives transactions circulating on the organized market, the underlying asset of which is securities, stock indices or other financial instruments of derivatives transactions, the underlying asset of which is securities or stock indices, received as a result of the above transactions performed in tax period, after reducing the tax base for transactions with financial instruments of derivatives transactions circulating in the organized market, reduces the tax base for operations m with securities traded on the organized securities market.

The amount of loss on operations with financial instruments of derivatives transactions circulating on the organized market, the underlying asset of which is securities, stock indices or other financial instruments of derivatives transactions, the underlying asset of which is securities or stock indices, received as a result of the above transactions performed in tax the period after the reduction of the tax base for transactions with financial instruments of derivatives transactions circulating on the organized market, and the tax base for transactions with securities E traded on an organized securities market, accounted for in accordance with paragraph 16 of this article and article 220.1 of the present Code within the tax base for operations with financial instruments of futures contracts traded on the organized market.

The amount of loss on operations with financial instruments of derivatives transactions circulating on the organized market, the underlying asset of which is not securities, stock indices or other financial instruments of derivatives transactions, the underlying asset of which is securities or stock indices, received as a result of the above transactions performed in tax period, reduces the tax base for transactions with financial instruments of derivatives transactions circulating in the organized market.

The amount of loss on operations with financial instruments of derivatives transactions circulating on the organized market, the underlying asset of which is not securities, stock indices or other financial instruments of derivatives transactions, the underlying asset of which is securities or stock indices, received as a result of the above transactions performed in tax period, after reducing the tax base for transactions with financial instruments of derivatives transactions circulating in the organized market, is taken into account in accordance with paragraph Volume 16 of this Article and with Article 220.1 of this Code within the tax base for operations with financial instruments of derivatives transactions circulating on the organized market.

If in the tax period a taxpayer incurs a loss on the totality of operations with securities circulating in the organized securities market, and a loss on the totality of operations with financial instruments of derivatives transactions circulating on the organized market, such losses shall be accounted for separately in accordance with paragraph 16 of this article and with Article 220.1 of this Code.

The provisions of this paragraph shall apply when determining the tax base at the end of the tax period, as well as in the event of termination before the end of the tax period of the last taxpayer agreement concluded with a person acting as a tax agent in accordance with this article.
(as amended by the Federal Law of December 28, 2010 N 395-ФЗ)

The paragraph has lost force. - Federal Law of December 28, 2010 N 395-ФЗ.

16. Taxpayers who have incurred losses in previous tax periods on operations with securities circulating on the organized market of securities from transactions with financial instruments of derivatives transactions circulating on the organized market shall have the right to reduce the tax base on operations with securities circulating on the organized market securities on transactions with financial instruments of derivatives transactions circulating on the organized market, respectively, in the current tax period for the entire amount received by them from loss or a part of this amount (transfer loss to future periods).

In this case, the determination of the tax base of the current tax period is made taking into account the features provided for by this article and article 220.1 of this Code.

The amount of loss received on operations with securities circulating on the organized securities market carried forward, reduces the tax base of the relevant tax periods for such operations.

Losses received from operations with financial instruments of derivatives transactions circulating on the organized market, carried forward, reduce the tax base of the corresponding tax periods for operations with financial instruments of derivatives transactions circulating on the organized market.

It is not allowed to transfer to future periods losses incurred on operations with securities not traded on the organized securities market, and on transactions with financial instruments of derivatives transactions not traded on the organized market.

The taxpayer is entitled to carry forward the loss to future periods within 10 years following the tax period in which this loss is received.

The taxpayer has the right to transfer the amount of losses received in previous tax periods to the current tax period. In this case, a loss that is not carried forward to the next year may be transferred in full or in part to the next year from the next nine years, subject to the provisions of this paragraph.

If a taxpayer incurs losses in more than one tax period, the transfer of such losses to future periods shall be carried out in the order in which they are incurred.

The taxpayer is obliged to keep documents confirming the amount of loss incurred for the entire period when he reduces the tax base of the current tax period by the amount of previously received losses.

Accounting for losses in accordance with Article 220.1 of this Code is carried out by the taxpayer upon presentation tax return  to the tax authority at the end of the tax period.

17. The tax base for operations with securities and for transactions with financial instruments of futures transactions carried out by the trustee is determined in the manner prescribed by paragraphs 6-15 of this article, taking into account the requirements of this paragraph.

Amounts paid under the trust agreement to the trustee in the form of remuneration and compensation for expenses incurred by him for transactions with securities, financial instruments of derivatives transactions are recorded as expenses that reduce the income from the relevant operations. At the same time, if the founder of trust management is not a beneficiary under a trust management agreement, such expenses are accepted when calculating the financial result only from the beneficiary.

If the trust agreement provides for several beneficiaries, the distribution between them of income from operations with securities and (or) transactions with financial instruments of futures transactions carried out by the trustee in favor of the beneficiary is carried out on the basis of the terms of the trust agreement.

In the event that during trust management operations are performed with securities circulating and (or) not circulating in the organized securities market, and (or) with financial instruments of derivatives transactions circulating and (or) not circulating in the organized market, as well as if other types of income arise in the process of trust management (including income in the form of dividends, interest), the tax base is determined separately for transactions with securities that are or are not traded in an organized manner m the securities market, on transactions with financial instruments of derivatives transactions, circulating or not circulating in the organized market, and for each type of income, taking into account the provisions of this article. At the same time, expenses that cannot be directly attributed to a decrease in income from operations with securities circulating or not circulating in the organized securities market, or to a decrease in income from operations with financial instruments of futures transactions circulating or not circulating in the organized market, or to reduce the corresponding type of income, are distributed in proportion to the share of each type of income.

A negative financial result for individual securities transactions carried out by the trustee in the tax period reduces the financial result for the totality of the relevant operations. In this case, the financial result is determined separately for operations with securities traded on the organized securities market, and for operations with securities not traded on the organized securities market.

A negative financial result for certain transactions with financial instruments of futures transactions carried out by the trustee in the tax period reduces the financial result for the totality of the relevant operations. In this case, the financial result is determined separately for transactions with financial instruments of derivatives transactions traded in the organized market, and for transactions with financial instruments of derivatives transactions that are not traded in the organized market.

The trustee shall be recognized as a tax agent in relation to the person in whose interests trust management is carried out in accordance with the trust management agreement.

18. The tax base for operations with securities, for transactions with financial instruments of derivatives transactions, for repos with securities and for transactions with securities is determined by the tax agent at the end of the tax period, unless otherwise specified by this clause.

A tax agent for the purposes of this article, as well as articles 214.3 and 214.4 of this Code, is a trustee, broker, other person who carries out transactions with securities and (or) financial instruments of derivatives transactions in the interests of the taxpayer on the basis of the relevant agreement with the taxpayer: trust agreement , brokerage services agreement, commission agreement, commission agreement or agency agreement. The tax agent determines the tax base of the taxpayer for all types of income from operations carried out by the tax agent in the interests of the taxpayer in accordance with the contract, minus the related costs. When determining the tax base of the taxpayer, the tax agent does not take into account income derived from transactions not carried out on the basis of the above agreements.

When determining the tax base for securities transactions with a tax agent, a tax agent may, based on a statement from a taxpayer, take into account expenses actually incurred and documented that are associated with the acquisition and storage of the relevant securities and which the taxpayer incurred without the participation of a tax agent, including before the conclusion of the contract with a tax agent, in the presence of which the latter determines the tax base of the taxpayer.

As a documentary evidence of the relevant expenses, the individual must provide the originals or duly certified copies of the documents on the basis of which the individual taxpayer made the relevant expenses, brokerage reports, documents confirming the transfer of the taxpayer’s ownership of the relevant securities, fact and amount payment of related expenses. In cases where an individual provides the original documents, the tax agent must keep copies of such documents.

The tax agent also withholds tax amounts that are not held by the issuer of securities, including in the case of transactions in favor of the taxpayer, the tax base of which is determined in accordance with Articles 214.3 and 214.4 of this Code.

Calculation, withholding and payment of the amount of tax is carried out by the tax agent at the end of the tax period, as well as before the expiration of the tax period or before the expiration of the contract in favor of the individual in the manner prescribed by this chapter.

When a tax agent pays money (income in kind) before the tax period expires or before the contract expires in favor of an individual, the tax is calculated from the tax base determined in accordance with this article, as well as with articles 214.3 and 214.4 of this Code.

The tax agent calculates, withholds and transfers the tax withheld from the taxpayer no later than one month from the end of the tax period, from the date of expiration of the last contract concluded by the taxpayer with the tax agent, in the presence of which the latter calculates the amount of tax, or from the date of payment of funds (transfer of securities). The tax agent is required to withhold the calculated tax amount from the taxpayer’s ruble funds held by the tax agent in brokerage accounts, special brokerage accounts, special client accounts, special depositary accounts, as well as in bank accounts of the tax agent - trustee, used by the said manager for a separate storage of funds of the founders of the management, based on the balance of ruble funds of the client in the relevant accounts, forms on the date of tax withholding.

For the purposes of this clause, the payment of cash means the payment by the tax agent of cash to a taxpayer or a third party at the request of the taxpayer, as well as the transfer of funds to a bank account of a taxpayer or to a third party account at the request of a taxpayer.

For the purposes of this clause, the payment of income in kind is the transfer by the tax agent of securities to the taxpayer from the depot account (personal account) of the tax agent or the depot account (personal account) of the taxpayer for which the tax agent is entitled to dispose. For the purposes of this clause, in-kind payment of income shall not recognize the transfer by the tax agent of securities at the request of the taxpayer related to the execution of transactions with securities by the latter, provided that the funds for the relevant transactions have been fully transferred to the account (including a bank account ) a taxpayer opened with a given tax agent, as well as transfer (re-registration) of securities to a depo account, which certifies the ownership rights of this taxpayer, opened in depositories operating in accordance with the legislation of the Russian Federation.

When income is paid in kind, the amount of the payment is determined in the amount of actually incurred and documented expenses for the acquisition of securities transferred to the taxpayer.

To determine the tax base, the tax agent calculates the financial result in accordance with paragraph 12 of this article, with articles 214.3 and 214.4 of this Code for the taxpayer who is paid cash (income in kind) on the date the income is paid.

If the financial result calculated on an accrual basis exceeds the amount of the current payment of cash (income in kind), the tax is calculated and paid by the tax agent from the amount of the current payment.

If the financial result calculated on an accrual basis does not exceed the amount of the current cash payment (income in kind), the tax is calculated and paid by the tax agent from the entire amount calculated on an accrual basis of the financial result.

If a tax agent pays money (income in kind) more than once during a tax period, the tax amount is calculated on an accrual basis with the offset of the previously paid tax amounts.

If the taxpayer has different types of income (including taxable income for various tax rates) on operations carried out by a tax agent in favor of a taxpayer, the order of their payment to the taxpayer in the case of payment of cash (income in kind) before the tax period (before the expiration of the trust agreement) is established by agreement of the taxpayer and tax agent.

If it is not possible to fully withhold the calculated tax amount in accordance with this clause, the tax agent shall determine the possibility of withholding the tax amount until an earlier date of the following dates: the month from the end of the tax period in which the tax agent was not able to fully withhold the calculated tax amount; the date of termination of the last contract concluded between the taxpayer and the tax agent, in the presence of which the tax agent calculated the tax.

If it is not possible to withhold from the taxpayer the full or partially calculated amount of tax upon the termination of the last contract concluded between the taxpayer and the tax agent and, if available, the latter calculates the amount of tax, the tax agent within one month from the moment of this circumstance in writing notifies the tax authority at the place of its registration of the impossibility of the specified deduction and the amount of taxpayer's debt. In this case, tax is paid by the taxpayer in accordance with Article 228 of this Code.

Messages about the impossibility of withholding the amount of tax following the results of the tax period are sent by the tax agent to tax authorities  until March 1 of the year following the expired tax period.
(Clause 18 as amended by the Federal Law of December 28, 2010 N 395-ФЗ)

19. Features of determining the tax base for repurchase transactions with securities and securities lending transactions are established by Articles 214.3 and 214.4 of this Code, respectively.