Евгений Шелест
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Правительство РФ внесло на рассмотрение в Госдуму соответствующий законопроект1. Изменения планируется внести в ст. 217 Налогового кодекса. А именно, речь идет об освобождении от НДФЛ доходов контролирующего лица, полученные им от контролируемой иностранной компании в результате распределения прибыли и учитываемые при определении налоговой базы в 2019 году. Однако освобождение будет применяться при условии, что физлицо по итогам налогового периода 2018 года не признается налоговым резидентом РФ.
Отметим, что законопроект разработан в целях реализации поручения Президента РФ о продлении срока «амнистии капитала». Таким образом, в связи с представлением с 1 июня 2019 года по 29 февраля 2020 года специальной декларации в ходе третьего этапа декларирования, налогоплательщиков предполагается освободить от взыскания налогов, связанных с задекларированным имуществом или счетами (вкладами) в зарубежных банках. Но за исключением налогов, подлежащих уплате в отношении прибыли и (или) имущества КИК. Соответствующие поправки планируется внести в п. 2.1 ст. 45 НК РФ.
Согласно пояснительной записке к документу, принятие закона направлено на создание благоприятных условий для осуществления перевода активов в РФ. Добавим, что законопроект о проведении третьего этапа «амнистии капитала» также внесен на рассмотрение в Госдуму Правительством РФ2.
В случае принятия закона он вступит в силу со дня его официального опубликования. Напомним, что ФНС России на своем официальном сайте запустила новый информационный раздел «Контролируемые иностранные компании и контролирующие лица».
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1 С текстом законопроекта № 687102-7 «О внесении изменений в статьи 45 и 217 Налогового кодекса Российской Федерации» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
2 С текстом законопроекта № 687103-7 «О внесении изменений в Федеральный закон «О добровольном декларировании физическими лицами активов и счетов (вкладов) в банках и о внесении изменений в отдельные законодательные акты Российской Федерации» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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