In accordance with this norm is accepted to deduct VAT when the goods were bought for the operations, recognized objects VAT. However, the Tax Code does not establish such a duty. The position of tax authorities based on the provisions of paragraph 3.3.3. Methodical recommendations on the implementation of Chapter 21 'Value Added Tax' Tax Code (Approved by order of the Tax Ministry of Russia from 20.12.2000 BG-3-03/447) according to which if the contributed property in the established order has been made a deduction of tax, the tax on these amounts in the tax year in which effected the transfer must be reduced deduction of the value of property not included in depreciation expense in the production and (or) sale of goods (works, services) or non-operating expenses to be considered when determining the tax profits. But then the Presidium of the Supreme Arbitration Court stated: Case '… the Tax Code of the Russian Federation does not provide for the obligation of the taxpayer for the recovery and payment in the budget the amount of tax on residual value of property in case the amount of tax deductible and refundable when registering purchased for use in the production of fixed assets after the transfer of these funds to the charter capital of another economic society …'.
Resolution of the Presidium of the RF of 11.11. # 003 7473/03 Details of the decision, see page 34 number 2 of 'BUH.1S' in 2004 after the court ruling said the MNF Russian Order of 11.03.2004 BS-3- 03/190 made appropriate changes to the Guidelines on the application of Chapter 21 of the Tax Code by deleting paragraph 5 of paragraph 3.3.3. Thus, at present fertile ground for disputes between taxpayers and tax authorities the issue of VAT recovery on assets allocated to the charter capital of the organization is liquidated. With regard to accounting operations to assess non-monetary contributions to the charter capital of an organization, it is is the theme for a particular material that we publish in the next issue of 'BUH.1S'.
