Modifications to insurance contributions from payments due to foreign citizens in 2012.
We present our issue of the publication of our auditing firm, designed specifically for managers and accountants of representative offices of foreign companies in Russia . In each issue of newsletter, we will talk about one of the pressing issues of accounting and taxation of representative offices. Also, we try to offer solutions based on our solid practical experience of working with rep-offices.
If you want to leave your comments or discuss a topic, you can write to the address info@rtf-group.ru or directly to the author of the material.
The theme of this issue: Modifications to insurance contributions from payments due to foreign citizens in 2012.
G. NEVEROV
Director RTF-Audit
neverov@rtf-group.ru
About author:
The auditor qualification certificate, certificate of competence as a professional accountant, total work experience as a chief accountant and auditor for 15 years. Author of "Accounting forms: problems of manufacture and application", numerous articles in trade press.
Before January 01, 2012 payments and other benefits under labor and civil law contracts made in favor of foreign citizens and persons without citizenship but with Russian sojourn status (having no permit for Russian temporary residence or no residence visa) have not been subject to insurance contributions, i.e. no insurance payments were made from such employees’ salaries.
In addition, since January 01, 2012 persons with Russian sojourn, which have an indefinite term or a fixed-term labour contract concluded for not less than six months, except for the expertise, are considered the insured in the Compulsory Pension Insurance System”.
Thus, as from 2012 salaries of the vast majority of employees (foreign citizens) are subject to insurance contributions to be made to the Pension Fund.
Read more in this issue:
Legal Status of Foreign Citizens.
Legal status of foreign citizens, as well as legal relations resulted from Russian sojourn (residence) of foreign citizens and their labor, entrepreneurial or other activities carried out within the Russian Federation, shall be governed by Federal Law N 115-ФЗ “On Legal Status of Foreign Citizens in the Russian Federation” dated July 25, 2002 (hereinafter referred to Law N 115-ФЗ). Thus, the following categories of foreign citizens legally residing in the RF, depending on their legal status in the Russian Federation, are stipulated by Law 115-ФЗ:
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Compulsory Pension Insurance Certificate.
Before January 01, 2012 the compulsory pension insurance covered only foreign citizens with “temporary residence” or “permanent residence” status (cl.1, Art.7 of Federal Law N 167-ФЗ “On Compulsory Pension Insurance in the Russian Federation” dated December 15, 2001 (hereinafter – Law N 167-ФЗ)).
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Insurance Contributions Rate for 2012.
Pursuant to cl.2, Art.7 of Federal Law “On Individual (Personalized) Record-Keeping in Compulsory Pension Insurance System” dated April 01, 1996, a person who is employed for the first time under a labor or civil law contract, for the remuneration subject to insurance contributions in accordance with the Russian legislation, and who has a compulsory pension insurance certificate, bearing his individual personal account, received from an insurer. Therefore, the insurance certificate shall be processed for any foreign citizen recognized to be the insured, irrespective of his status. In addition, the insured shall be the persons, who are covered by the compulsory pension insurance and for whom insurance contributions are paid to the Pension Fund of the RF in accordance with the Russian legislation (Art.1, Law N 27-ФЗ).
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