Thx Marina + Sergey - yes that's new law I'd heard about. It should increase tax intake at any rate, at 2m/yr it's almost worth it just to avoid the yearly hassle (and cost).
BR Nick e3internet http://www.e3internet.com Skype: Nick_Wilsdon US Tel: (415) 508-4120 UK Tel: +44 (0) 20 3287 6977 UK Fax: +44 203 318 953 RU Mobile: +7 906 511 2138 Personal Blog: http://NickWilsdon.com http://www.RussianMarketer.com 2010/5/17 Митина Юлия <[email protected]> > Dear All! > > > > This information can be usefull for you: > > > > The State Duma in the third reading has approved of the amendment to the > law No. 115-FZ "About a legal status of foreign citizens in the Russian > Federation". (*About modification of the Federal statute "About a legal > status of foreign citizens in the Russian Federation", the Tax code of the > Russian Federation and the Budgetary code of the Russian Federation (about > perfection of regulation mechanisms of external labor migration, protection > of a national labor market against redundant attraction of a foreign labor > *). > > > > This is the most important, aspects of the above-stated administration > bill: > > > > The concept "competent experts" is entered. It is advanced that the > competent expert is the foreign citizen (both the visa countries, and > visa-free), having an operational experience, skills or achievements in a > concrete sphere of activity if conditions of their attraction to labor > activity in the Russian Federation assume reception of wages (compensation) > by it at a rate of two and more millions rubles for the period which is not > exceeding one year. For employment of that registration the permission to > attraction and use of a foreign labor is not required to the employer. The > maximum term of registration of the work permit increases. It constitutes > three years. It is issued out of quotas. > > After three-year stay in territory of the Russian Federation of the foreign > expert, the employer has the right to address to corresponding state > structures for the purpose of registrations of the personal work permit, for > similar term if there is concluded labor contract. > > Under the administration bill the employer independently advances > competence of the competent expert (in the presence of average professional > or maximum vocational training, including scientific employees and > teachers), sends the petition on issue to work permits, and also on entry > visa registration on territory of the Russian Federation. The foreigner also > has the right to declare it self as competent expert. > > As additional for attraction of foreign employees assumption by employers > of warranties on their housing, medical and to social security is fixed. > > To foreign citizens (competent experts), from a first work day in the > Russian Federation under the labor or civil-law agreement, the work term on > which constitutes not less than 183 calendar days, will be the taxation > order of the resident of the Russian Federation. > > The quantity of foreign citizens which can be involved within the limits of > the given mechanism in labor activity in territory of the Russian Federation > is not limited to quotas, in case of presence of the conclusion of body of > employment of the subject of the Russian Federation. > > > > In different words the employer employing the foreign citizen - the > competent expert will pass now only 2 stages for reception of allowing > documents: the territorial centre of employment of the population and УФМС > with the purposes of reception of the personal work permit for the foreign > employee. Thus, the order of giving and consideration of demands for > allocation of a quota and registration for the employer of the Permission to > attraction and use of a foreign labor is abolished. > > Data on competent experts will be placed on an official site of federal > enforcement authority in migration sphere. It will be possible to make out > ordinary visas to entry to the Russian Federation for the period of validity > about thirty days. The ordinary business visa is made out if there is written > offer on entry to the Russian Federation for the realization of > corresponding negotiations directed such foreign citizen by the employer or > the customer of works (services). > > > > *Does not require registration of allowing documents for work* for > following foreign citizens: 1) constantly living in the Russian Federation; > 2) being participants of the Government program on assistance rendering to > voluntary resettlement to the Russian Federation the compatriots living > abroad, and members of their families moving together with them to the > Russian Federation; 3) diplomatic representatives being employees, workers > of consular offices of foreign states in the Russian Federation, employees > of the international organizations, and also private house workers of the > indicated persons; 4) foreign legal bodies being workers (manufacturers or > suppliers), performing assembly works, service and warranty service, and > also after guarantee repair of the technical equipment delivered to the > Russian Federation; 5) being the journalists accredited in the Russian > Federation; 6) trained in the Russian Federation in educational institutions > of vocational training and performing works (rendering service) during a > vacation; 7) trained in the Russian Federation in educational institutions > of vocational training and working during free time from study as support > personnel in those educational institutions in which they are trained; 8) > invited to the Russian Federation as teachers for realization of employment > in educational institutions, except for the persons driving to the Russian > Federation for employment by teaching activity in establishments of > professional religious formation (spiritual educational institutions); 9) > being workers accredited when due hereunder in territory of the Russian > Federation of representations of the foreign legal bodies registered in the > Russian Federation in an order established by the legislation, within the > number adjusted at accreditation of indicated representations by authorized > accrediting body, on the basis of a principle of reciprocity according to > international treaties of the Russian Federation. > > > > *Concerning an order of the stay which is not requiring reception of the > visa: * > > * * > > Term of temporary stay in the Russian Federation of the foreign citizen who > has arrived to the Russian Federation in order, *not requiring visa > reception*, and concluded the labor contract or the civil-law work > contract (rendering of services) and received the work permit with > observance of the legislation, is enlarged for period of validity of the > concluded agreement, but no more than for one year estimated from the date > of entry of the foreign citizen to the Russian Federation. > > The given restriction does not extend on the foreign citizens involved for > realization of labor activity as competent experts. > > Extension of time stay for the foreign citizens who have arrived to the > Russian Federation is not supposed in order, not requiring visa reception, > and carrying out labor activity if according to inter-governmental > agreements about mutual visa-free trips of citizens such foreign citizens > for entry to the Russian Federation with the purposes of realization of > labor activity over the terms established by such inter-governmental > agreements, are obliged to receive the visa. > > > > For reception of the patent the foreign citizen represents In territorial > body of federal enforcement authority in sphere of migration a petition, the > receipt on payment of cost of the patent (1000 rubles a month). > > * * > > *The patent grants the right to the foreign citizen to carry out labor > activity on hiring at physical persons in territory of the subject of the > Russian Federation where it is acquired. * > > > > The patent duration constitutes from one about three months from the date > of its acquisition (extension). It is issued out of quotas. > > In the course of the year from the date of reception of the patent term of > its action is enlarged without the circulation in territorial body of > federal enforcement authority in sphere of migration under condition of > monthly pay by the foreign citizen of its cost. In a case if after three > working days from the date of the termination of period of validity of the > acquired (extended) patent by the foreign citizen its cost for the next term > is not paid, the patent becomes invalid. > > > > The foreign citizens, assuming to carry out labor activity in the Russian > Federation, at issue of work permits by it come under to photographing and > dactyloscopic registration in an order advanced by federal enforcement > authority in sphere of migration (presumably this innovation will become > effective only in 2012). Received as a result of photographing and > dactyloscopic registration the information on the foreign citizen comes > under to entering in a databank about realization by foreign citizens of > labor activity. > > Besides, the administration bill provides perfection of a regulation > mechanism of the labor activity which is carried out by persons, who came in > the Russian Federation in the visa-free order, registered in a place of stay > and carrying out job hunting in its territory independently. > > The given migratory flow is divided by means of two various regulation > mechanisms of labor activity: at employers - managing subjects and at > employers - of the physical persons who are not pursuing the aims of > extraction of profit. > > > > For realization of labor activity at employers - of managing subjects the > foreign citizen receives in ФМС Russia the work permit. Period of validity > of such permission should exceed term of the allowed time stay (as a rule, > no more than 90 days from the date of entry). > > The further extension is possible on labor contract period of validity at > submission in ФМС Russia the written labor or civil-law agreement, data on > sources and the size of the income received for time of realization of labor > activity under the work permit issued to it, documents on statement on the > migratory account. > > In case of cancellation of the labor contract before the expiry of the term > of action of the work permit the foreign citizen within fifteen days has the > right to conclude the new agreement and to address in ФМС Russia behind a > work permit extending validity (thus obligatory granting of the complete set > of documents, including medical examination). Otherwise the foreign citizen > is obliged to leave the Russian Federation. > > > > The responsibility of the advice not only of attraction of the foreign > worker is assigned to employers, but also about cancellation with it of > labor or civil-law contracts, and also about granting of holidays by it > without preservation of wages lasting more than one calendar month in the > course of the year. > > The information on the cancelled work permits, void patents, and also on > the work permits, which period of validity has expired, takes places in > common use information systems, not later than three working days from the > date of decision-making on work permit or patent cancellation or the expiry > of the term of action of the work permit. > > For the organizations, attending employment of foreign citizens in > territory of the Russian Federation, establishes the responsibility within > three working days from the date of employment of foreign citizens to notify > on it territorial body FMS of Russia. > > > > *The taxation:* > > * * > > The tax rate is established at a rate of 30 percent concerning all incomes > received by physical persons, not being tax residents of the Russian > Federation, except for the incomes received: in the form of dividends from > individual share in activity of the Russian organizations in which relation > the tax rate is established at a rate of 15 percent; from realization of > labor activity, (on the basis of the patent) the tax rate is established at > a rate of 13 percent; from realization of labor activity as the competent > expert in conformity in which relation the tax rate is established at a rate > of 13 percent. > > Discharge of tax is carried out in the form of the fixed advance payments > at a rate of 1000 rubles a month. > > * * > > *Some aspects, concerning foreign citizens having the permission to > temporary residence and residence permit of the Russian Federation:* > > > > The actions of the work permit of the foreign citizen who has obtained the > permit to temporary residence, can be extended territorial body of federal > enforcement authority in migration sphere for period of validity of the > permission to temporary residence (for this purpose it is necessary to > grant: 1) the application for a work permit extending the validity; 2) the > work permit; 3) the permission to temporary residence; 4) the labor contract > or the civil-law work contract (rendering of services), concluded and issued > according to the legislation of the Russian Federation). Prolonging > disregarding quotas. The decision is accepted within 3 days. Failure in > reception from the foreign citizen of the application for a work permit > extending the validity is not supposed (in case of granting of all > documents). > > Period of validity of the work permit issued to the competent expert, and > also period of validity of the visa and the residence permit, issued to such > competent expert and members of his family, is enlarged for the period of > consideration of the petition (for work permit registration), submitted the > employer or the customer of works (services) and with whom the competent > expert has concluded the new labor contract or the civil-law work contract > (rendering of services). > > In case the competent expert has not concluded the new labor contract or > the civil-law work contract (rendering of services) after 30 days or if the > petition of the employer or the customer of works (services) for attraction > of the competent expert is dismissed, the work permit issued to such > competent expert, and also the visa and the residence permit issued to the > competent expert and members of his family, are considered valid within > thirty working days from the date of the expiry of the term. > > > > For the foreign citizens, arrived to the Russian Federation as competent > experts, and to members of their families (to the spouse, children who have > not reached age of eighteen years, and also the invalid children who have > reached indicated age and dependent such competent expert) on period of > validity of the labor contract or the civil-law work contract (rendering of > services) under their application in writing territorial enforcement > authority in migration sphere the residence permit can be issued. > > > * * > > ** > > > > > _______________________________________________ > Expat mailing list > [email protected] > http://www.lists.ru/mailman/listinfo/expat > http://www.expat.ru/forum/ >
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