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New requirement for foreign organizations

On January 1, 2022, amendments to the Tax Code of the Russian Federation (hereinafter referred to as the Tax Code of the Russian Federation) entered into force, according to which foreign organizations are required to annually, no later than March 28, report to the tax authority information about the participants of such a foreign organization as of December 31 of the previous year. year.

This obligation applies to foreign organizations registered with the tax authorities for any reason, and foreign structures without the formation of a legal entity. The exception is foreign organizations that provide services in electronic form.

The transmitted information should include information about the participants of such a foreign organization (for a foreign structure without the formation of a legal entity – information about its founders, beneficiaries and managers), including:
participants with direct participation;
participants with indirect participation (if any) if their share of participation exceeds 5%.
The form, format and procedure for filling it out are approved by the Order of the Federal Tax Service of Russia dated 01.12.2021 No. ED-7-13/1046@. The form contains both a sheet in which you need to specify information about a foreign organization, and additional sheets where you need to specify information about participants. The information is reported to the tax authority at the place of registration. If a foreign organization has several grounds for registration – to the tax authority at the place of registration at the choice of such organization.

Failure to submit or late submission of information by these entities entails the collection of a fine in the amount of 50,000 rubles.