Vedomosti: The Ministry of Justice considered the tax on excess profits of previous years to be contrary to the Constitution of the Russian Federation
The Ministry of Justice considered the tax on excess profits of previous years to be contrary to the Constitution of Russia, about this informs Vedomosti newspaper, citing documents following the meeting of the legal commission on legislative activities.
The department noted that the bill of the Ministry of Finance “On the tax on excess profits of previous years” assumes the tax base is the profit of previous years, which gives retroactive effect to the rules that regulate such legal relations.
Thus, the proposal contradicts Article 57 of the Russian Constitution, which states that laws imposing new taxes or worsening the situation of taxpayers do not have retroactive effect.
At the same time, the Ministry of Justice, like all relevant departments, supported the bill. It is also reported that users of the unified agricultural tax regime (UAT) will be exempted from the tax. The Legal Commission denied tax exemptions to a number of other sectors, including the IT sector, medical and educational companies, and defense enterprises.
Earlier, the all-Russian business association Delovaya Rossiya applied to the Russian Ministry of Finance with a request to reconsider the approach to calculating the windfall tax for enterprises, taking into account the investments of companies made in 2018-2019.
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