26.03.2016 0:16

Investment foundation

INVESTMENT FOUNDATION OF CHUKOTKA AR

In the Chukotka Autonomous Region, a regulatory legal framework has been formed which is aimed at creating a favorable investment climate in the region. The current regulatory framework contains rules that ensure the protection of investors' rights, mechanisms for supporting investment activities and guarantees that the position of investors will not deteriorate.

In accordance with the legislation of the Russian Federation, subjects of investment activity, regardless of the form of ownership, are guaranteed (part one of Article 1 of the Law of the Chukotka Autonomous Region of 05.05.2015 No. 28-OZ "On the Implementation of Certain Provisions of the Legislation of the Russian Federation Concerning the Implementation of Investment Projects in the Territory of the Chukotka Autonomous Region"):

  1. ensuring equal rights in the implementation of investment activities;
  2. publicity in the discussion of investment projects of the Chukotka Autonomous Region (hereinafter referred to as the investment project);
  3. the right to appeal against decisions and actions (inaction) of public authorities, local self-government bodies and their officials to the court;
  4. protection of capital investments.

In the event that the legislative acts of the Chukotka Autonomous Region are adopted, the provisions of which worsen the taxation conditions for the implementation of investment projects in comparison with the current taxation at the beginning of the implementation of the investment project that received the status of a regional or significant investment project in the established order, the provisions of the legislative acts of the Chukotka Autonomous Region acting on at the moment of assigning the investment project the status of regional or significant investment (Part three of Article 1 of the Law of the Chukotka Autonomous Region of 05.05.2015 № 28-OZ "On the implementation of certain provisions of the legislation of the Russian Federation in the implementation of investment projects in the Chukotka Autonomous Region").

Legislation of Chukotka Autonomous Region on support of investment activity

  1. The law of Chukotka Autonomous Region from 05.05.2015 No. 28-OZ "On the implementation of certain provisions of the legislation of the Russian Federation in the implementation of investment projects on the territory of the Chukotka Autonomous Region";
  2. The Law of Chukotka Autonomous Region 18.05.2015 No. 47-OZ "On some questions of tax regulation in the Chukotka Autonomous Region";
  3. The decision of Council of deputies of the Anadyr municipal district of 25.10.2008, № 13 "On approval of the regulations on the land tax in the territory of the Anadyr municipal district";
  4. The decision of Council of deputies of the urban district of Anadyr dated 29.09.2014 No. 9 "On approval of provisions on the land tax in the territory of the urban district of Anadyr".

For the subjects of investment activity, a number of tax privileges and other preferences have been established

Tax privileges and other preferences for business entities for participants of regional investment projects, participants of significant investment projects, residents of the priority development area "Beringovsky"

  1. Reduced rates on the profit tax of organizations;
  2. Reduced property tax rates for organizations;
  3. Reduced rates of mineral extraction tax;
  4. Reduced land tax rates;
  5. Reduced rates of insurance premiums to extra-budgetary funds;
  6. Application of the customs procedure of free customs zone.

REGIONAL INVESTMENT PROJECTS

In accordance with Federal Law No. 267-FZ of September 30, 2013 "On Amending Part One and Two of the Tax Code of the Russian Federation with Regard to Encouraging the Implementation of Regional Investment Projects in the Territories of the Far Eastern Federal District and Certain Subjects of the Russian Federation" from January 1, 2014 Tax preferences for investors implementing regional investment projects were introduced in the region:

1) Decrease in the corporate profit tax rate under the conditions of application

Corporate income tax

Rate for participants of regional investment projects

Standard rate

0% - within 5 years from the receipt of the first earnings

20%

10% - for the next 5 years

2) Reduction of the mineral extraction tax rate by applying a reduction factor

Mineral extraction tax

Rate for participants of regional investment projects

Standard rate

Reduction factor:

Chapter 26 of the
Tax Code of the
Russian Federation

0 - before the application of the reduced profit tax rate

0 - within 1-2 years after the introduction of a reduced income tax rate

0,2 - within 3-4 years after the introduction of a reduced income tax rate

0,4 - within 5-6 years after the introduction of a reduced income tax rate

0,6 - within 7-8 years after the introduction of a reduced income tax rate

0,8 - within 9-10 years after the introduction of a reduced income tax rate

Terms of receipt by the subjects of investment activity of the status of the participant of the regional investment project:

The minimum volume of capital investments and the term of capital investments

at least 50 million rubles within 3 years

at least 500 million rubles within 5 years

Scope of activity

production of goods

Kinds of activity (ОК 029-2001)

Agriculture, hunting and forestry

Fishery, fish-breeding

 

Extraction of minerals, including:

1) mining of hard coal, brown coal and peat;

2) extraction of uranium and thorium ores;

3) extraction of metal ores, including:

3.1.) Extraction of non-ferrous metal ores, except uranium and thorium ores, which includes:

a) extraction and enrichment of copper ore;

b) extraction and enrichment of nickel and cobalt ores;

c) extraction and enrichment of aluminum-containing raw materials (bauxites and nepheline-apatite ores);

d) extraction and enrichment of lead - zinc ore;

e) extraction and enrichment of tin ore;

f) extraction and enrichment of titanium-magnesium raw materials;

g) extraction and enrichment of tungsten-molybdenum ores;

h) extraction and concentration of antimony-mercury ores and other non-ferrous metals;

4) extraction of other minerals

 

Processing industries

Production and distribution of electricity, gas and water

A participant in a regional investment project must meet both the following requirements:

state registration of a legal entity was carried out in the territory of the Chukotka Autonomous Region;

the organization does not have separate subdivisions located outside the territory of the subject (territories of subjects) of the Russian Federation in which the regional investment project is being implemented;

the organization does not apply the special tax regimes provided for in part two of the Tax Code of the Russian Federation;

the organization is not a participant in the consolidated group of taxpayers;

the organization is not a non-profit organization, a bank, an insurance organization (insurer), a non-state pension fund, a professional participant in the securities market, a clearing organization;

the organization was not previously a participant in the regional investment project and is not a participant (successor to the participant) of another implemented regional investment project;

the organization owns (in lease for a period not less than 1 January 2024) a plot of land (land plots) where the implementation of a regional investment project is planned;

the organization has a construction permit in the event that the existence of such a permit is mandatory for the implementation of a regional investment project;

the organization is not a resident of a special economic zone of any type.

To obtain the status of a participant in a regional investment project, you have to:

send to the Department of Finance, Economics and Property Relations of the Chukotka Autonomous Region an application for inclusion in the register of participants of regional investment projects of the Chukotka Autonomous Region with the following documents:

copies of constituent documents of the organization, certified in accordance with the established procedure; a copy of the document confirming the fact of making an entry on the state registration of the organization in the Unified State Register of Legal Entities (optional);

copies of the certificate of registration of the organization with the tax authority (optional);

investment declaration (with the investment project attached);

documents confirming the ownership of the company (in lease for a period not less than January 1, 2024) of the land plot (land plots) where the implementation of the regional investment project (if desired) is planned;

documents confirming the absence on the land plot (land plots) where the regional investment project is planned to be implemented, buildings, structures owned by individuals or organizations that are not participants in such an investment project (except for access roads, communications, pipelines , Electrical cables, drainage and other infrastructure) (optional);

a copy of the building permit issued to the organization, in the event that the availability of such a permit is mandatory for the implementation of the regional investment project (if desired).

If the documents specified in clauses 2, 3, 5-7 are not represented by the organization, the documents are requested by the Department of Finance, Economy and Property Relations of the Chukotka Autonomous Region through a system of interagency information interaction.

The documents specified in clause 5 are submitted by the organization on their own if the ownership of the land plot (land plots) on which the regional investment project is intended is not registered in the Unified State Register of Rights to Immovable Property and transactions with it.

The order and terms of consideration of the application and documents

Number of days

Stage

Result

Output within 3 days from the date of receipt of the application

Consideration of the application and documents by the Authorized body - the Department of Finance, Economy and Property Relations of the Chukotka Autonomous Region

Acceptance of application for consideration or refusal

Within 23 days from the date of acceptance of the application for consideration

Carrying out by the Authorized body of expertise of documents, if the project is realized on the territory of the Chukotka Autonomous Region

Conclusion

or within 33 days from the date of acceptance of the application for consideration

Carrying out by the Authorized body of examination of documents, if the project is realized on the territories of several subjects

 

within 7 days from the date of submission of the conclusion

Decision-making by the Government of the Chukotka Autonomous Region

Inclusion in the register of regional investment projects or refusal

Within 5 days after the decision of the Government of the Chukotka Autonomous Region, the organization's notification of the decision taken

Contacts (primary source):

Department of Finance, Economics and Property Relations of the Chukotka Autonomous Region

Anadyr, Otke st., 2.

Tel. +7 (42722) 6-93-23,

fax +7 (42722) 2-93-04, 2-93-18 in a round-the-clock mode

e-mail: ElenaK@depfin.chukotka-gov.ru or mail@fond87.ru

SIGNIFICANT INVESTMENT PROJECTS

In accordance with the Law of the Chukotka Autonomous District of 05.05.2015, No. 28-OZ "On the Implementation of Certain Provisions of the Legislation of the Russian Federation Concerning the Implementation of Investment Projects in the Territory of the Chukotka Autonomous Region," tax preferences have been introduced in the region for investors who have implemented significant investment projects:

- reduced rates on profit tax of organizations in compliance with the conditions of use

Corporate income tax

The rate for participants of significant investment projects

Standard rate

15,5 % - Within 10 years, starting from the tax period in which the implementation of a meaningful investment project has been completed

20%

The conditions for the participants of investment activity to obtain the status of a participant in a significant investment project:

The minimum volume of capital investments and the duration of capital investments are

at least 25 million rubles for 3 years

Scope of activity

Production of goods, performance of work, rendering of services

Kinds of activity (ОК 029-2001)

Agriculture, hunting and forestry

Fisheries, fish-breeding

Mining, including: 1) mining of hard coal, brown coal and peat;

2) extraction of uranium and thorium ores;

3) extraction of metal ores, including:

3.1.) Extraction of non-ferrous metal ores, except uranium and thorium ores, which includes:

a) extraction and enrichment of copper ore;

b) extraction and enrichment of nickel and cobalt ores;

c) extraction and enrichment of aluminum-containing raw materials (bauxites and nepheline-apatite ores);

d) extraction and enrichment of lead - zinc ore;

e) extraction and enrichment of tin ore;

f) extraction and enrichment of titanium-magnesium raw materials;

g) extraction and enrichment of tungsten-molybdenum ores;

h) extraction and concentration of antimony-mercury ores and other non-ferrous metals;

4) extraction of other minerals

Production and distribution of electricity, gas and water

Building

Wholesale and retail trade; Repair of motor vehicles, motorcycles, household goods and personal items

Hotels and restaurants

Transport and communication

Operations with real estate, renting and provision of services

Education

Public health services and provision of social services

Provision of other communal, social and personal services

Provision of services for housekeeping

Terms of receipt by the subjects of investment activity of the status of a participant in a meaningful investment project: A participant in a meaningful investment project must meet the following requirement:

The implementation of the investment project is carried out by a legal entity, the state registration of which is carried out in the territory of the Chukotka Autonomous Region.

In order to obtain the status of a participant in a meaningful investment project, it is necessary to send an application to the Department of Finance, Economy and Property Relations of the Chukotka Autonomous Region with the application of a business plan for the investment project.

The procedure for assigning the status of a significant investment project, the procedure for making a decision to confirm the completion of an investment project, which has been granted the status of a meaningful investment project

The decision to assign the status of a significant investment project to an investment project is made out by an order of the Government of the Chukotka Autonomous Region, which indicates the name of the organization that implements the significant investment project and the name of the significant investment project being implemented. To the specified act the business plan of the investment project is attached, which is given the status of a significant investment project. With the organization implementing a meaningful investment project, a contract is concluded in the manner established by the Government of the Chukotka Autonomous Region.

The decision to confirm the completion of the investment project, which is assigned the status of a meaningful investment project, is formalized by an order of the Government of the Chukotka Autonomous Region, which indicates the date of completion of a significant investment project.

Contacts (primary source):

Department of Finance, Economics and Property Relations of the Chukotka Autonomous Region

Anadyr, Otke st., 2.

Tel. +7 (42722) 6-93-23,

fax +7 (42722) 2-93-04, 2-93-18 in a round-the-clock mode

e-mail: ElenaK@depfin.chukotka-gov.ru or mail@fond87.ru

PDA «Beringovsky»

Current regulatory legal acts

Resolution of the Government of the Russian Federation No. 876 of August 21, 2015 "On the creation of the territory of the advanced social and economic development" Beringovsky "» download

Federal Law No. 473-FZ of December 29, 2014 "On the Territories of Advanced Social and Economic Development in the Russian Federation" download

Federal Law No. 380-FZ of December 29, 2014 "On Amending Part Two of the Tax Code of the Russian Federation in connection with the adoption of the Federal Law" On the Territories of Advanced Social and Economic Development in the Russian Federation "

Federal Law No. 519-FZ of December 29, 2014 "On Amending Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law" On the Territories of Advanced Social and Economic Development in the Russian Federation "

Order of the Federal Customs Service No. 1526 of July 30, 2015 "On the approval of the procedure and technologies for the performance of customs operations in respect of goods, including vehicles imported (imported) into the areas of advanced socio-economic development, where the customs procedure of the free customs zone is applied, and exported from such areas "

Law of the Chukotka Autonomous Region No. 94-OZ of 13.10.2015 "On Amendments to the Law of the Chukotka Autonomous Region" On Certain Issues of Tax Regulation in the Chukotka Autonomous Region""

Documents for potential residents for the application

The application form for the conclusion of an agreement on the implementation of activities in the territory of priority social and economic development

An approximate form of the business plan attached to the application for the agreement

Criteria and methodology for assessing the application and business plan

Priority Development Area «Beringovsky»

Within the framework of the implementation of Federal Law No. 473-FZ of December 29, 2014 "On the Territories of Advanced Social and Economic Development in the Russian Federation"

Decree of the Government of the Russian Federation of August 21, 2015 No. 876 "On the creation of the territory of the advanced socio-economic development" Beringovsky "created the PDA "Beringovsky ".

PDA is created in order to create favorable conditions for attracting investments, ensuring accelerated social and economic development and creating comfortable conditions for ensuring the life of the population

Territorially, PDA "Beringovsky" includes the territories of two municipal entities of the Chukotka Autonomous Region - the territory of the urban district of Anadyr and a significant part of the territory of the Anadyr municipal district.

PDA "Beringovsky" is created for 70-year period

PDA "Beringovsky" has special legal regimes for entrepreneurial and other activities. In particular, for residents of PDA "Beringovsky" various benefits and preferences are envisaged:

1) tax preferences:

- reduction in the corporate profit tax rate under the conditions of application

The rate for residents of the PDA

Standard rate

0% - within 5 years from the date of receipt of the first profit,

10% - for the next 5 years

20%

- reduction in the rate of property tax of organizations subject to conditions of application

The rate for residents of the PDA

Standard rate

0% - within 5 years from the date of receipt of the first profit,

1,1% - for the next 5 years

2,2%

- exemption from land tax (normative legal acts in the adoption phase)

The rate for residents of the PDA

Standard rate

0% - within 5 years

Up to 1,5%

- reduction of the tax rate for mineral extraction through the application of a reduction factor

The rate for residents of the PDA

Standard rate

Reduction factor:

Chapter 26
of the Tax Code
of the Russian Federation

0 - before the application of the reduced profit tax rate

0 - within 1-2 years after the introduction of a reduced income tax rate

0,2 - within 3-4 years after the introduction of a reduced income tax rate

0,4 - within 5-6 years after the introduction of a reduced income tax rate

0,6 - within 7-8 years after the introduction of a reduced income tax rate

0,8 - within 9-10 years after the introduction of a reduced income tax rate

- the declarative procedure for refunding VAT

2) establishment of preferential rates of rent;

3) application of the customs procedure of the free customs zone;

4) reduced rates of insurance premiums - in the aggregate 7.6% in the event that the status of the PDA is received within three years from the date of establishment of the PDA (until August 21, 2018):

 

Tariff for PDA residents

Standard tariff

Pension fund of the Russian Federation

6% - within 10 years

22%

Social insurance fund of the Russian Federation

1,5% - within 10 years

2,9%

Compulsory medical insurance fund

0,1% - within 10 years

5,1%

5) preferential procedure for recruiting foreign citizens - residents of the PDA may invite foreign citizens to work without taking into account quotas for issuing foreign invitations to foreign citizens to enter the Russian Federation in order to carry out their work activities, as well as quotas for issuing work permits to foreign citizens established by the Government The Russian Federation in accordance with the legislation on the legal status of foreign citizens in the Russian Federation.

It is not required to obtain permits to attract and use foreign workers.

Nevertheless, the share of foreigners attracted by PDA residents is determined by the Supervisory Board of the PDA;

6) benefits for employees - employees of the PDA are entitled to guarantees and compensations

provided for by the Law of the Russian Federation No. 4520-1 of February 19, 1993, which include:

- Increased pay with the use of district coefficients and interest allowances;

- additional leave lasting 24 calendar days;

- payment of the fare and baggage transportation to the place of use of leave and back;

- compensation for expenses related to relocation.

7) expedited and facilitated administrative procedures, including obtaining a building permit, customs clearance;

8) deregulation in the part of state and municipal control (supervision) - reduced time for carrying out control checks;

9) the specifics of the establishment of easements in respect of land plots intended for deployment and operation of facilities necessary for the creation of infrastructure of the territories and so on.

The above-mentioned special legal regime for carrying out entrepreneurial activities in the territory of the PDA "Beringovsky" is valid when the following types of economic activities are included in the classes of the All-Russian Classification of Economic Activities (RUE 029-2014 (NACE Rev. 2)) by the resident of the PDA "Beringovsky".

Residentsa of PDA «Beringovsky»

  • an individual entrepreneur or a legal entity that is a commercial organization, the state registration of which is carried out on the territory of the PDA "Beringovsky" (with the exception of state and municipal unitary enterprises), which in accordance with Federal Law No. 473-FZ of December 29, 2014 "On the territories of the advanced Social and economic development in the Russian Federation "agreement on the implementation of activities in the territory of advanced social and economic development;
  • can not be a participant in a regional investment project in accordance with the legislation of the Russian Federation on taxes and fees;
  • may not have branches and representative offices outside the PDA "Beringovsky".

To obtain the status of a resident of the PDA "Beringovsky" it is necessary: ??

  • to propose a specific investment project carried out according to the established types of activity;
  • the minimum investment volume for the project should be 500 thousand rubles;
  • to submit an application for the conclusion of an agreement on the implementation of activities in the management company - JSC "Corporation of the Far East Development Corporation", to which the following documents must be attached:

Copies of constituent documents (for legal entities);

A business plan, an approximate form of which is established by an authorized federal body;

A copy of the certificate of state registration of a legal entity or an individual entrepreneur;

A copy of the certificate of registration with the tax authority;

Duly certified translation into Russian of documents on state registration of a legal entity or an individual as an individual entrepreneur in accordance with the legislation of the respective state (for a foreign person).

Contacts of the managing company of JSC "Corporation for the Development of the Far East":

- official website www.erdc.ru;

- e-mail - aokrdv@gmail.com or mail@fond87.ru.

If consultation is required on issues related to activities under the PDA, or support during the processing of an application, a potential resident may send an appeal to the Fund for the Development of Economics and Direct Investments of the Chukotka Autonomous Region:

1) a preliminary application for obtaining the status of resident

2) a written request to the e-mail address mail@fond87.ru.