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Income from Active Activities

8 October 2026, 22:40

Income from active activities - for the purposes of this Code are considered income from active activities. At the same time, incomes specified in subpoints 3 and 6 of paragraph 4 of this article are considered income from active activities if the profit derived from such incomes is obtained on the basis of a special permit (license) and constitutes the main objective of the activities of a foreign company which is a bank according to the legislation of the foreign state. Income of a foreign company specified in subitem 6 of item 4 of this article is recognized as income from active activities in cases where such income is received from the sale of goods under contracts (agreements) pursuant to which the delivery of the base asset is carried out, or such income is received from hedging operations aimed at compensating for adverse consequences related to changes in the value of the corresponding hedged item, and to which requirements of international financial reporting standards are applied as to derivative financial instruments, provided that relevant information is disclosed in the financial statements of the controlled foreign company (including notes to the financial statements) (this paragraph was introduced by Federal Law No. 436-FZ dated December 28, 2017 - Collection of Laws of the Russian Federation, 2018, No. 1, art. 20). Income from operations with financial instruments of forward transactions (derivative financial instruments), mentioned in this paragraph, are recognized as income from active activities provided that, in the case of realization of the corresponding underlying asset under a sales contract, such income would not be recognized as income from passive activities (paragraph introduced by Federal Law No. 436-FZ dated December 28, 2017 - Collection of Laws of the Russian Federation, 2018, No. 1, art. 20) (ceased to be in force as of May 1, 2019)¹.

Tax Code of the Russian Federation, as amended on 2019-01-01, Article 309-1, paragraph 5, ceased to be in force from 2019-05-01 // Official Gazette of the Russian Federation. 2000. No. 32. Art. 3340. ↩

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