MONITORING OF LEGISLATIVE CHANGES FOR THE PERIOD FROM 03/01/2025 TO 03/31/2025
1. Explanations of the federal executive authorities of the federal legislation
Agreements on the protection and promotion of investments: the procedure for transmitting information to the tax authorities has been clarified
The organization must annually provide the tax authorities with information on property and transport taxes for each facility participating in the investment project by April 30. This includes information about vehicles and real estate. The Federal Tax Service of Russia does not approve the forms and format of such information, but it can be provided both on paper and electronically.
These provisions are related to the requirements of the Federal Law "On the Protection and Promotion of Capital Investments in the Russian Federation," which requires accounting of taxable amounts related to investment projects. The Federal Tax Service also transmits tax data to the Capital Investment system through interagency cooperation.
In addition, taxpayers participating in investment promotion agreements must keep separate records of real estate used in such projects, which is necessary for the application of tax deductions, according to the Tax Code of the Russian Federation.
Basis: Letter from the Federal Tax Service dated 03/18/2025 № BS-2-21/4154@ "On the implementation of paragraph 7.5 of the Standard form of the agreement on the protection and promotion of investments"
The specifics of taxation of participants in a regional investment project are explained
If, according to the results of the reporting period, the condition is not fulfilled under which the income from the sale of goods produced as a result of the implementation of a regional investment project amounted to at least 90% of all income, then when calculating income tax for this reporting period, a rate of 25 is applied to the tax base calculated on an accrual basis from the beginning of the tax period.%. At the same time, if this proportion is observed at the end of the tax period, then when calculating the tax for this tax period, reduced income tax rates can be applied to the entire tax base calculated for the tax period.
Basis: Letter from the Department of Tax Policy of the Ministry of Finance of Russia dated 03/06/2025 No.03-03-06/1/21917 On the specifics of taxation of taxpayers participating in a regional investment project
New in the legislation of the Republic of Tatarstan
Amendments to the Law of the Republic of Tatarstan on Investment Activity
Due to the fact that the conditions and procedure for the provision of state support measures for investment projects carried out under agreements on the protection and promotion of investments have been clarified at the federal level, regional legislation has also undergone changes.
In particular, it is established that reimbursement of expenses of organizations implementing investment projects for the payment of interest on loans and borrowings, coupon income on bond loans attracted for the creation (reconstruction, modernization) of the main facility, as well as facilities of supporting or related infrastructure, is carried out only if the specified borrowed funds are not provided direct government support measures.
State support measures will not be provided to legal entities in whose authorized (pooled) capital the share of direct or indirect participation of foreign legal entities in total exceeds 25%.
Additional conditions have been established for reimbursement of the organization's costs, including the need to submit an opinion from the Federal Treasury on the actual costs incurred.
Basis: The Law of the Republic of Tatarstan dated 05.03.2025 No. 13-ZRT "On Amendments to Article 9 of the Law of the Republic of Tatarstan "On Investment Activities in the Republic of Tatarstan" and Article 2 of the Law of the Republic of Tatarstan "On Amendments to the Law of the Republic of Tatarstan "On Investment Activities in the Republic of Tatarstan"
Normative initiatives in the field of investment activity
About the creation of the SEZ "Green Valley"
It is planned to create a SEZ "Green Valley". The draft decree of the Government of the Russian Federation on the establishment of the SEZ "Green Valley" in the Zainsky district has been prepared to increase Tatarstan's investment attractiveness and develop biotechnological industries. Zainsky district has a favorable geographical location and a well-developed infrastructure to support investment projects in grain processing. It is expected that by 2034, taxes from residents and the SEZ management company will bring 9,874 million rubles to the budgets of all levels, while investors will invest 11,075 million rubles from 2025 to 2027. By 2034, resident investments will reach 15,378 million rubles, at least 444 jobs will be created, and revenue will amount to about 126,164 million rubles.
Written confirmations have been received from 6 potential residents of the SEZ of the Green Valley SEZ about their intentions to implement their investment projects on its territory.
Basis: Draft Decree of the Government of the Russian Federation "On the establishment of a special economic zone of industrial type in the territory of the Zainsky Municipal District of the Republic of Tatarstan" (prepared by the Ministry of Economic Development of Russia on 03/28/2025)
It is planned to amend the rules for classifying products as industrial products that have no analogues produced in Russia.
The Government of the Russian Federation is proactively developing amendments to the Decree of the Government of the Russian Federation No. 1135 dated 20.09.2017 concerning the rules for classifying products as industrial products that have no analogues produced in Russia.
The main change concerns the correction of the term "Similar products". The new version of the procedure provides for the search for similar products without strict reference to the codes of the All-Russian Classifier of products by type of economic activity.
This change will make it possible to take into account product parameters comparable to those of the declared products, which are confirmed by information from the register of Russian industrial products. Thus, at the stage of searching for similar products, it will be possible to more effectively confirm the absence of production of similar products on the territory of the Russian Federation.
Basis: Draft Resolution of the Government of the Russian Federation "On Amendments to Resolution of the Government of the Russian Federation dated 09/20/2017 No. 1135" (prepared by the Ministry of Industry and Trade of Russia on 03/25/2025)
Housing development: the procedure for subsidizing regions will be reviewed
New rules have been developed for granting subsidies to regions for the development of housing construction. They will be aligned with the national development goals of the Russian Federation for the period up to 2030 and for the future up to 2036.
The possibility of co-financing social facilities will be provided.
However, due to the lack of demand, it is proposed to exclude the possibility of allocating funds for cost recovery.:
to pay interest on loans received from Russian banks for the construction and reconstruction (modernization) of engineering infrastructure facilities in order to implement projects for the development of territories, as well as to provide such facilities for land plots provided to large families;
for payment to the concessionaire under concession agreements for the creation and reconstruction (modernization) of heat supply facilities, centralized water supply and sanitation systems concluded in order to implement projects for the development of territories.
An increasing coefficient will be established for co-financing activities implemented in the territories of the main settlements.
Basis: Draft Resolution of the Government of the Russian Federation "On Amendments to Resolution of the Government of the Russian Federation dated December 30, 2017 No. 1710" (prepared by the Ministry of Construction of Russia on 03/07/2025)
On the register of obligations arising from the performance of concession agreements, PPP and MCHP agreements
The Government of the Russian Federation has developed rules for maintaining a register of obligations arising from the performance of concession agreements, public-private partnership agreements, and municipal-private partnership agreements, as well as a list of information on obligations arising from the performance of such agreements.
The Rules establish the authority of the Ministry of Finance of the Russian Federation to maintain the Register, and the obligation of public law entities that are parties to concession agreements, public-private partnership agreements, and municipal-private partnership agreements to provide information on budgetary obligations arising from such agreements.
As a result of the implementation of the above-mentioned authority of the Ministry of Finance of the Russian Federation, it is assumed that information on budget commitments under relevant agreements concluded at the federal, regional or local levels will be separated from the total amount of budget commitments made under investment agreements, as well as consolidation of information on the amount of budget allocations provided by the budgets of the budgetary system of the Russian Federation for the implementation of investment projects in within the framework of public-private partnership mechanisms in the forms of financial participation, provided for by the relevant agreements.
Basis: Draft Decree of the Government of the Russian Federation "On Approval of the Rules for Maintaining a Register of Obligations Arising from the Performance of Concession Agreements, Public-Private Partnership Agreements, and Municipal-Private Partnership Agreements, as well as a List of Information on Obligations Arising from the Performance of Concession Agreements, Public-Private Partnership Agreements, and Municipal-Private Partnership Agreements." partnership" (prepared by the Ministry of Finance of Russia 03.03.2025)