Arbitration Court of the Far Eastern District. Arbitration Court of the Far Eastern District Article 47 of the Tax Code of the Russian Federation

Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is not true.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Wrong word. The correct word is "imprinting".

A newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living beings with vision.

Newborns in the USSR for the first few days saw their mother for a minimum of feeding time, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. Reception is wild in its essence and effectiveness.

All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your path could do anything with you, because you were drawn to them, while others were repelled. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It is difficult to understand, the instinct took shape when you were still very far from being able to formulate. From that moment, no words or details have been preserved. Only facial features remained in the depths of memory. Those traits that you consider your family.

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System and Observer

Let us define a system as an object whose existence is not in doubt.

An observer of a system is an object that is not a part of the system it observes, that is, it determines its existence, including through factors independent of the system.

From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.

An internal observer is a potentially achievable object for the system in relation to which the inversion of the observation and control channels is possible.

An external observer is even an object potentially unattainable for the system, located beyond the event horizon of the system (spatial and temporal).

Hypothesis #1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can take place, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".

The capture of "gravitational radiation" by an object increases its randomness and is perceived by us as a passage of time. An object that is opaque to "gravitational radiation", the capture cross section of which is larger than the geometric size, looks like a black hole inside the universe.

Hypothesis #2. Internal Observer

It is possible that our universe is watching itself. For example, using pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, which reaches its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means the absence of a sufficiently large capture cross section on the trajectories of objects capable of absorbing these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

External observation of an object approaching the event horizon of a black hole, if the “outside observer” is the determining factor of time in the universe, will slow down exactly twice - the shadow from the black hole will block exactly half of the possible trajectories of “gravitational radiation”. If the determining factor is the "internal observer", then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

Also, the possibility of combining these hypotheses in one proportion or another is not excluded.

Article 47

1. In the case provided for by paragraph 7 of Article 46 of this Code, the tax authority has the right to collect tax at the expense of property, including at the expense of cash of the taxpayer (tax agent) - organization or individual entrepreneur within the amounts specified in the tax payment claim , and taking into account the amounts in respect of which the recovery was made in accordance with Article 46 of this Code.

The collection of tax at the expense of the property of a taxpayer (tax agent) - an organization or an individual entrepreneur is carried out by decision of the head (deputy head) of the tax authority by sending it on paper or in electronic form within three days from the date of issuance of such a decision of the relevant decision to the bailiff for execution in the manner prescribed by the Federal Law "On Enforcement Proceedings", taking into account the specifics provided for by this article.

The decision to collect tax at the expense of the property of a taxpayer (tax agent) - an organization or an individual entrepreneur is made within one year after the expiration of the deadline for fulfilling the tax payment requirement. The decision to collect tax at the expense of the property of a taxpayer (tax agent) - an organization or an individual entrepreneur, taken after the expiration of the specified period, is considered invalid and is not subject to execution. In this case, the tax authority may apply to the court with an application to recover from the taxpayer (tax agent) - organization or individual entrepreneur the amount of tax due. An application may be filed with the court within two years from the date of expiry of the deadline for fulfilling the claim for payment of the tax. The deadline for filing an application missed for a good reason may be restored by the court.

2. The resolution on the collection of tax at the expense of the property of a taxpayer (tax agent) - an organization or an individual entrepreneur must contain:

1) the surname, name, patronymic of the official and the name of the tax authority that issued the said resolution;

2) the date and number of the decision of the head (deputy head) of the tax authority on the collection of tax at the expense of the property of the taxpayer or tax agent;

3) the name and address of the taxpayer-organization or the tax agent-organization or the last name, first name, patronymic, passport data, address of the permanent place of residence of the taxpayer-individual entrepreneur or tax agent-individual entrepreneur whose property is foreclosed;

4) the operative part of the decision of the head (deputy head) of the tax authority on the collection of tax at the expense of the property of the taxpayer (tax agent) - organization or individual entrepreneur;

6) the date of issuance of the said resolution.

3. The resolution on the collection of tax is signed by the head (deputy head) of the tax authority and certified by the official seal of the tax authority.

4. Executive actions must be committed and the requirements contained in the decision, executed by the bailiff within two months from the date of receipt of the specified decision.

5. Collection of tax at the expense of the property of a taxpayer (tax agent) - an organization or an individual entrepreneur is carried out sequentially in relation to:

1) cash, cash and precious metals in banks that have not been foreclosed in accordance with Article 46 of this Code;

2) property that is not directly involved in the production of products (goods), in particular securities, currency values, non-production premises, cars, office space design items;

3) finished products (goods), as well as other material assets not participating and (or) not intended for direct participation in production;

4) raw materials and materials intended for direct participation in production, as well as machine tools, equipment, buildings, structures and other fixed assets;

5) property transferred under an agreement to the possession, use or disposal of other persons without the transfer of ownership of this property to them, if such agreements are terminated or invalidated in accordance with the established procedure in order to ensure the fulfillment of the obligation to pay tax;

6) other property, with the exception of that intended for everyday personal use by an individual entrepreneur or members of his family, determined in accordance with the legislation of the Russian Federation.

Information about changes:

Federal Law No. 336-FZ of November 28, 2011 supplemented Article 47 of this Code with Clause 5.1, which enters into force on official publication

5.1. Collection of tax payable by a participant in an investment partnership agreement - a managing partner responsible for maintaining tax records (hereinafter referred to in this article as a managing partner responsible for maintaining tax records), in connection with the implementation of an investment partnership agreement (with the exception of corporate income tax arising from in connection with the participation of this partner in the investment partnership agreement), is made at the expense of the common property of the partners.

In the absence or insufficiency of the common property of the partners, the collection is made at the expense of the property of the managing partners. In this case, first of all, the collection is levied on the property of the managing partner responsible for maintaining tax records.

In the absence or insufficiency of the property of the managing partners, the recovery is levied on the property of the partners in proportion to the share of each of them in the common property of the partners, determined on the date the debt arises.

6. In the case of tax collection at the expense of property that is not monetary (precious metals, on which tax collection is levied in accordance with Article 46 of this Code), a taxpayer (tax agent) - an organization or an individual entrepreneur, the obligation to pay tax is considered fulfilled from the moment sale of the property of a taxpayer (tax agent) - organization or individual entrepreneur and repayment of the debt of the taxpayer (tax agent) - organization or individual entrepreneur at the expense of the proceeds.

7. Officials tax authorities (customs authorities) are not entitled to acquire the property of a taxpayer (tax agent) - an organization or an individual entrepreneur, sold in the procedure for executing a decision on the collection of tax at the expense of the property of a taxpayer (tax agent) - an organization or an individual entrepreneur.

8. The provisions provided for by this article shall also apply when collecting penalties for late payment of tax, insurance premiums, as well as fines in cases provided for by this Code.

9. The provisions of this article shall also apply when collecting a fee (insurance premiums) at the expense of the property of the payer of the fee (payer of insurance premiums) - an organization or an individual entrepreneur.

10. The provisions provided for by this article shall also apply when collecting taxes by customs authorities, subject to the provisions established by the customs legislation of the Customs Union and the legislation of the Russian Federation on customs affairs.

Information about changes:

Federal Law No. 321-FZ of November 16, 2011 supplemented Article 47 of this Code with Item 11, which shall enter into force on January 1, 2012, but not earlier than one month after the official publication of the said Federal Law

11. The provisions of this article shall apply when collecting corporate income tax on a consolidated group of taxpayers, relevant penalties and fines at the expense of the property of members of this group, taking into account the following features:

1) collection of tax at the expense of the property of participants in a consolidated group of taxpayers is primarily carried out at the expense of cash, money and precious metals in the banks of the responsible participant of this group, which were not levied in accordance with Article 46 of this Code;

2) if the responsible member of the consolidated group of taxpayers has insufficient (absence) cash, cash and precious metals in banks that have not been levied in accordance with Article 46 of this Code, tax is collected from other members of this group at the expense of cash cash, cash and precious metals in banks that have not been levied in accordance with Article 46 of this Code;

3) in case of insufficiency (absence) of cash, cash and precious metals in banks, which were not levied in accordance with Article 46 of this Code, the tax is collected at the expense of other property of the responsible participant of this group in the sequence established by subparagraphs 2 - 6 of paragraph 5 of this article;

4) if the property of the responsible member of the consolidated group of taxpayers is insufficient to fulfill the obligation to pay corporate income tax for the consolidated group of taxpayers, relevant penalties and fines, the tax is collected at the expense of other property of other participants in this group in the sequence established by subparagraphs 2-6 of paragraph 5 of this articles.

1. In the case provided for by paragraph 7 of this Code, the tax authority has the right to collect tax at the expense of property, including at the expense of cash funds of a taxpayer (tax agent) - an organization or an individual entrepreneur within the amounts specified in the demand for payment of tax, and taking into account the amounts in respect of which collection was made in accordance with this Code.

The collection of tax at the expense of the property of a taxpayer (tax agent) - an organization or an individual entrepreneur is carried out by decision of the head (deputy head) of the tax authority by sending it on paper or in electronic form within three days from the date of issuance of such a decision of the relevant decision to the bailiff for execution in the manner prescribed by the Federal Law "On Enforcement Proceedings", taking into account the specifics provided for by this article.

The decision to collect tax at the expense of the property of a taxpayer (tax agent) - an organization or an individual entrepreneur is made within one year after the expiration of the deadline for fulfilling the tax payment requirement. The decision to collect tax at the expense of the property of a taxpayer (tax agent) - an organization or an individual entrepreneur, taken after the expiration of the specified period, is considered invalid and is not subject to execution. In this case, the tax authority may apply to the court with an application to recover from the taxpayer (tax agent) - organization or individual entrepreneur the amount of tax due. An application may be filed with the court within two years from the date of expiry of the deadline for fulfilling the claim for payment of the tax. The deadline for filing an application missed for a good reason may be restored by the court.

2. The resolution on the collection of tax at the expense of the property of a taxpayer (tax agent) - an organization or an individual entrepreneur must contain:

1) the surname, name, patronymic of the official and the name of the tax authority that issued the said resolution;

2) the date and number of the decision of the head (deputy head) of the tax authority on the collection of tax at the expense of the property of the taxpayer or tax agent;

3) the name and address of the taxpayer-organization or the tax agent-organization or the last name, first name, patronymic, passport data, address of the permanent place of residence of the taxpayer-individual entrepreneur or tax agent-individual entrepreneur whose property is foreclosed;

4) the operative part of the decision of the head (deputy head) of the tax authority on the collection of tax at the expense of the property of the taxpayer (tax agent) - organization or individual entrepreneur;

5) has expired. - Federal Law of June 29, 2012 N 97-FZ;

6) the date of issuance of the said resolution.

3. The resolution on the collection of tax is signed by the head (deputy head) of the tax authority and certified by the official seal of the tax authority.

4. Executive actions must be committed and the requirements contained in the decision, executed by the bailiff within two months from the date of receipt of the specified decision.

5. Collection of tax at the expense of the property of a taxpayer (tax agent) - an organization or an individual entrepreneur is carried out sequentially in relation to:

1) cash, cash and precious metals in banks that have not been levied in accordance with this Code;

2) property that is not directly involved in the production of products (goods), in particular securities, currency values, non-production premises, cars, office space design items;

3) finished products (goods), as well as other material assets not participating and (or) not intended for direct participation in production;

4) raw materials and materials intended for direct participation in production, as well as machine tools, equipment, buildings, structures and other fixed assets;

5) property transferred under an agreement to the possession, use or disposal of other persons without the transfer of ownership of this property to them, if such agreements are terminated or invalidated in accordance with the established procedure in order to ensure the fulfillment of the obligation to pay tax;

6) other property, with the exception of that intended for everyday personal use by an individual entrepreneur or members of his family, determined in accordance with the legislation of the Russian Federation.

5.1. Collection of tax payable by a participant in an investment partnership agreement - a managing partner responsible for maintaining tax records (hereinafter referred to in this article as a managing partner responsible for maintaining tax records), in connection with the implementation of an investment partnership agreement (with the exception of corporate income tax arising from in connection with the participation of this partner in the investment partnership agreement), is made at the expense of the common property of the partners.

In the absence or insufficiency of the common property of the partners, the collection is made at the expense of the property of the managing partners. In this case, first of all, the collection is levied on the property of the managing partner responsible for maintaining tax records.

In the absence or insufficiency of the property of the managing partners, the recovery is levied on the property of the partners in proportion to the share of each of them in the common property of the partners, determined on the date the debt arises.

6. In the event of tax collection at the expense of property that is not monetary (precious metals on which tax collection is levied in accordance with this Code), a taxpayer (tax agent) - an organization or an individual entrepreneur, the obligation to pay tax is considered fulfilled from the moment the property is sold taxpayer (tax agent) - organization or individual entrepreneur and repayment of the debt of the taxpayer (tax agent) - organization or individual entrepreneur at the expense of the proceeds.

7. Officials of tax authorities (customs authorities) shall not be entitled to acquire the property of a taxpayer (tax agent) - an organization or an individual entrepreneur, which is sold in the procedure for executing a decision on the collection of tax at the expense of the property of a taxpayer (tax agent) - an organization or an individual entrepreneur.

8. The provisions provided for by this article shall also apply when collecting penalties for late payment of tax, insurance premiums, as well as fines in cases provided for by this Code.

9. The provisions of this article shall also apply when collecting a fee (insurance premiums) at the expense of the property of the payer of the fee (payer of insurance premiums) - an organization or an individual entrepreneur.

10. The provisions provided for by this article shall also apply when collecting taxes by customs authorities, subject to the provisions established by the customs legislation of the Customs Union and the legislation of the Russian Federation on customs affairs.

11. The provisions of this article shall apply when collecting corporate income tax on a consolidated group of taxpayers, relevant penalties and fines at the expense of the property of members of this group, taking into account the following features:

1) collection of tax at the expense of the property of participants in a consolidated group of taxpayers is primarily carried out at the expense of cash, money and precious metals in the banks of the responsible participant of this group, which were not levied in accordance with this Code;

2) if the responsible member of the consolidated group of taxpayers has insufficient (absence) cash, cash and precious metals in banks that have not been levied in accordance with this Code, tax is collected from other members of this group at the expense of cash , cash and precious metals in banks that have not been levied in accordance with this Code;

3) in case of insufficiency (absence) of cash, cash and precious metals in banks, which were not levied in accordance with this Code, the tax is collected at the expense of other property of the responsible participant of this group in the sequence, established by subparagraphs 2 - 6 of paragraphs of this article;

4) if the property of the responsible member of the consolidated group of taxpayers is insufficient to fulfill the obligation to pay corporate income tax for the consolidated group of taxpayers, the relevant penalties and fines, the tax is collected at the expense of other property of other participants in this group in the sequence established by subparagraphs 2-6 of paragraphs of this article .

The provisions of Article 47 of the Tax Code of the Russian Federation are used in the following articles:
  • Rights and obligations of the responsible participant and other participants of the consolidated group of taxpayers
    3) fulfill the obligation to pay corporate income tax (advance payments) for the consolidated group of taxpayers, relevant penalties and fines in the event of non-fulfillment or improper fulfillment of such obligation by the responsible member of this group in the manner established by Articles 45 - 47 of the Tax Code of the Russian Federation;
  • Fulfillment of the obligation to pay taxes, fees, insurance premiums
    Collection of tax from an organization or an individual entrepreneur is carried out in the manner prescribed by Articles 46 and 47 of the Tax Code of the Russian Federation. Collection of tax from an individual who is not an individual entrepreneur is carried out in the manner prescribed by Article 48 of the Tax Code of the Russian Federation.
  • Recovery of a tax, fee, insurance premiums, as well as penalties, fines at the expense of cash (precious metals) on the accounts of a taxpayer (fee payer, payer of insurance premiums) - an organization, an individual entrepreneur or a tax agent - an organization, an individual entrepreneur in banks, as well as through his electronic money
    7. In case of insufficiency or absence of funds (precious metals) on the accounts of the taxpayer (tax agent) - organization or individual entrepreneur or his electronic money or in the absence of information about the accounts of the taxpayer (tax agent) - organization or individual entrepreneur or information about the details of his corporate electronic means of payment used for electronic money transfers, the tax authority has the right to collect tax at the expense of other property of the taxpayer (tax agent) - organization or individual entrepreneur in accordance with Article 47 of the Tax Code of the Russian Federation.
  • The procedure for paying taxes, fees, insurance premiums
    4.4. In case of non-transfer to the budget system of the Russian Federation to the appropriate account of the Federal Treasury within the prescribed period of funds of an individual accepted by the local administration, the organization of the federal postal service or the multifunctional center for the provision of state and municipal services, to the local administration, the organization of the federal postal service, the multifunctional center for providing state and municipal services, measures are taken to collect the untransferred amount of tax in accordance with subparagraph 1 of paragraph 2 of Article 45 of the Tax Code of the Russian Federation, as well as in the manner similar to the procedure established by Articles 46 and 47 of the Tax Code of the Russian Federation.
  • Obligations of banks to execute orders for the transfer of taxes, fees, insurance premiums
    The application of liability measures does not release the bank from the obligation to transfer the tax amount to the budget system of the Russian Federation. In the event that the bank fails to fulfill the specified obligation within the established time period, measures are taken to collect untransferred amounts of tax (fee) from monetary funds in the manner similar to the procedure provided for by Article 46 of the Tax Code of the Russian Federation, and at the expense of other property - in the manner similar to the procedure, provided for in Article 47 of the Tax Code of the Russian Federation.
  • bank guarantee
    5) a bank guarantee must provide for the application by the tax authority of measures to recover from the guarantor the amounts, the obligation to pay which is secured by a bank guarantee, in the manner and within the time limits provided for by Articles 46 and 47 of the Tax Code of the Russian Federation, in case of failure by him to fulfill the demand for payment of a sum of money within the prescribed period under a bank guarantee sent before the expiration of the bank guarantee.
  • penalty
    The forced collection of penalties from organizations and individual entrepreneurs is carried out in the manner prescribed by Articles 46 and 47 of the Tax Code of the Russian Federation, and with individuals who are not individual entrepreneurs - in the manner prescribed by Article 48 of the Tax Code of the Russian Federation.

Article 47

1. In the case provided for by paragraph 7 of Article 46 of this Code, the tax authority has the right to collect tax at the expense of property, including at the expense of cash of the taxpayer (tax agent) - organization or individual entrepreneur within the amounts specified in the tax payment claim , and taking into account the amounts in respect of which the recovery was made in accordance with Article 46 of this Code.

The collection of tax at the expense of the property of a taxpayer (tax agent) - an organization or an individual entrepreneur is carried out by decision of the head (deputy head) of the tax authority by sending it on paper or in electronic form within three days from the date of issuance of such a decision of the relevant decision to the bailiff for execution in the manner prescribed by the Federal Law "On Enforcement Proceedings", taking into account the specifics provided for by this article.

The decision to collect tax at the expense of the property of a taxpayer (tax agent) - an organization or an individual entrepreneur is made within one year after the expiration of the deadline for fulfilling the tax payment requirement. The decision to collect tax at the expense of the property of a taxpayer (tax agent) - an organization or an individual entrepreneur, taken after the expiration of the specified period, is considered invalid and is not subject to execution. In this case, the tax authority may apply to the court with an application to recover from the taxpayer (tax agent) - organization or individual entrepreneur the amount of tax due. An application may be filed with the court within two years from the date of expiry of the deadline for fulfilling the claim for payment of the tax. The deadline for filing an application missed for a good reason may be restored by the court.

2. The resolution on the collection of tax at the expense of the property of a taxpayer (tax agent) - an organization or an individual entrepreneur must contain:

1) the surname, name, patronymic of the official and the name of the tax authority that issued the said resolution;

2) the date and number of the decision of the head (deputy head) of the tax authority on the collection of tax at the expense of the property of the taxpayer or tax agent;

3) the name and address of the taxpayer-organization or the tax agent-organization or the last name, first name, patronymic, passport data, address of the permanent place of residence of the taxpayer-individual entrepreneur or tax agent-individual entrepreneur whose property is foreclosed;

4) the operative part of the decision of the head (deputy head) of the tax authority on the collection of tax at the expense of the property of the taxpayer (tax agent) - organization or individual entrepreneur;

5) has become invalid;

6) the date of issuance of the said resolution.

3. The resolution on the collection of tax is signed by the head (deputy head) of the tax authority and certified by the official seal of the tax authority.

4. Executive actions must be committed and the requirements contained in the decision, executed by the bailiff within two months from the date of receipt of the specified decision.

5. Collection of tax at the expense of the property of a taxpayer (tax agent) - an organization or an individual entrepreneur is carried out sequentially in relation to:

1) cash, cash and precious metals in banks that have not been levied in accordance with Article 46 of this Code;

2) property that is not directly involved in the production of products (goods), in particular securities, currency values, non-production premises, cars, office space design items;

3) finished products (goods), as well as other material assets not participating and (or) not intended for direct participation in production;

4) raw materials and materials intended for direct participation in production, as well as machine tools, equipment, buildings, structures and other fixed assets;

5) property transferred under an agreement to the possession, use or disposal of other persons without the transfer of ownership of this property to them, if such agreements are terminated or invalidated in accordance with the established procedure in order to ensure the fulfillment of the obligation to pay tax;

6) other property, with the exception of that intended for everyday personal use by an individual entrepreneur or members of his family, determined in accordance with the legislation of the Russian Federation.

5.1. Collection of tax payable by a participant in an investment partnership agreement - a managing partner responsible for maintaining tax records (hereinafter referred to in this article as a managing partner responsible for maintaining tax records), in connection with the implementation of an investment partnership agreement (with the exception of corporate income tax arising from in connection with the participation of this partner in the investment partnership agreement), is made at the expense of the common property of the partners.

In the absence or insufficiency of the common property of the partners, the collection is made at the expense of the property of the managing partners. In this case, first of all, the collection is levied on the property of the managing partner responsible for maintaining tax records.

In the absence or insufficiency of the property of the managing partners, the recovery is levied on the property of the partners in proportion to the share of each of them in the common property of the partners, determined on the date the debt arises.

6. In the case of tax collection at the expense of property that is not monetary (precious metals, on which tax collection is levied in accordance with Article 46 of this Code), a taxpayer (tax agent) - an organization or an individual entrepreneur, the obligation to pay tax is considered fulfilled from the moment sale of the property of a taxpayer (tax agent) - organization or individual entrepreneur and repayment of the debt of the taxpayer (tax agent) - organization or individual entrepreneur at the expense of the proceeds.

7. Officials of tax authorities (customs authorities) shall not be entitled to acquire the property of a taxpayer (tax agent) - an organization or an individual entrepreneur, which is sold in the procedure for executing a decision on the collection of tax at the expense of the property of a taxpayer (tax agent) - an organization or an individual entrepreneur.

8. The provisions provided for by this article shall also apply when collecting penalties for late payment of tax, insurance premiums, as well as fines in cases provided for by this Code.

9. The provisions of this article shall also apply when collecting a fee (insurance premiums) at the expense of the property of the payer of the fee (payer of insurance premiums) - an organization or an individual entrepreneur.

10. The provisions provided for by this article shall also apply when collecting taxes by customs authorities, subject to the provisions established by the customs legislation of the Customs Union and the legislation of the Russian Federation on customs affairs.

11. The provisions of this article shall apply when collecting corporate income tax on a consolidated group of taxpayers, relevant penalties and fines at the expense of the property of members of this group, taking into account the following features:

1) collection of tax at the expense of the property of participants in a consolidated group of taxpayers is primarily carried out at the expense of cash, money and precious metals in the banks of the responsible participant of this group, which were not levied in accordance with Article 46 of this Code;

2) if the responsible member of the consolidated group of taxpayers has insufficient (absence) cash, cash and precious metals in banks that have not been levied in accordance with Article 46 of this Code, tax is collected from other members of this group at the expense of cash cash, cash and precious metals in banks that have not been levied in accordance with Article 46 of this Code;

3) in case of insufficiency (absence) of cash, cash and precious metals in banks, which were not levied in accordance with Article 46 of this Code, the tax is collected at the expense of other property of the responsible participant of this group in the sequence established by subparagraphs 2 - 6 of paragraph 5 of this article;

4) if the property of the responsible member of the consolidated group of taxpayers is insufficient to fulfill the obligation to pay corporate income tax for the consolidated group of taxpayers, relevant penalties and fines, the tax is collected at the expense of other property of other participants in this group in the sequence established by subparagraphs 2-6 of paragraph 5 of this articles.

Official text:

Article 47

1. In the case provided for by paragraph 7 of Article 46 of this Code, the tax authority has the right to collect tax at the expense of property, including at the expense of cash of the taxpayer (tax agent) - organization or individual entrepreneur within the amounts specified in the tax payment claim , and taking into account the amounts in respect of which the recovery was made in accordance with Article 46 of this Code.

The collection of tax at the expense of the property of a taxpayer (tax agent) - an organization or an individual entrepreneur is carried out by decision of the head (deputy head) of the tax authority by sending it on paper or in electronic form within three days from the date of issuance of such a decision of the relevant decision to the bailiff for enforcement in the manner prescribed by the Federal Law on Enforcement Proceedings, taking into account the specifics provided for by this article.

The decision to collect tax at the expense of the property of a taxpayer (tax agent) - an organization or an individual entrepreneur is made within one year after the expiration of the deadline for fulfilling the tax payment requirement. The decision to collect tax at the expense of the property of a taxpayer (tax agent) - an organization or an individual entrepreneur, taken after the expiration of the specified period, is considered invalid and is not subject to execution. In this case, the tax authority may apply to the court with an application to recover from the taxpayer (tax agent) - organization or individual entrepreneur the amount of tax due. An application may be filed with the court within two years from the date of expiry of the deadline for fulfilling the claim for payment of the tax. The deadline for filing an application missed for a good reason may be restored by the court.

2. The resolution on the collection of tax at the expense of the property of a taxpayer (tax agent) - an organization or an individual entrepreneur must contain:

1) the surname, name, patronymic of the official and the name of the tax authority that issued the said resolution;

2) the date and number of the decision of the head (deputy head) of the tax authority on the collection of tax at the expense of the property of the taxpayer or tax agent;

3) the name and address of the taxpayer-organization or the tax agent-organization or the last name, first name, patronymic, passport data, address of the permanent place of residence of the taxpayer-individual entrepreneur or tax agent-individual entrepreneur whose property is foreclosed;

4) the operative part of the decision of the head (deputy head) of the tax authority on the collection of tax at the expense of the property of the taxpayer (tax agent) - organization or individual entrepreneur;

5) has expired. - Federal Law of June 29, 2012 N 97-FZ;

6) the date of issuance of the said resolution.

3. The resolution on the collection of tax is signed by the head (deputy head) of the tax authority and certified by the official seal of the tax authority.

4. Executive actions must be committed and the requirements contained in the decision, executed by the bailiff within two months from the date of receipt of the specified decision.

5. Collection of tax at the expense of the property of a taxpayer (tax agent) - an organization or an individual entrepreneur is carried out sequentially in relation to:

1) cash and cash in banks that have not been levied in accordance with Article 46 of this Code;

2) property that is not directly involved in the production of products (goods), in particular securities, currency values, non-production premises, cars, office space design items;

3) finished products (goods), as well as other material assets not participating and (or) not intended for direct participation in production;

4) raw materials and materials intended for direct participation in production, as well as machine tools, equipment, buildings, structures and other fixed assets;

5) property transferred under an agreement to the possession, use or disposal of other persons without the transfer of ownership of this property to them, if such agreements are terminated or invalidated in accordance with the established procedure in order to ensure the fulfillment of the obligation to pay tax;

6) other property, with the exception of that intended for everyday personal use by an individual entrepreneur or members of his family, determined in accordance with the legislation of the Russian Federation.

5.1. Collection of tax payable by a participant in an investment partnership agreement - a managing partner responsible for maintaining tax records (hereinafter referred to in this article as a managing partner responsible for maintaining tax records), in connection with the implementation of an investment partnership agreement (with the exception of corporate income tax arising from in connection with the participation of this partner in the investment partnership agreement), is made at the expense of the common property of the partners.

In the absence or insufficiency of the common property of the partners, the collection is made at the expense of the property of the managing partners. In this case, first of all, the collection is levied on the property of the managing partner responsible for maintaining tax records.

In the absence or insufficiency of the property of the managing partners, the recovery is levied on the property of the partners in proportion to the share of each of them in the common property of the partners, determined on the date the debt arises.

6. In case of collection of tax at the expense of property that is not in cash of a taxpayer (tax agent) - organization or individual entrepreneur, the obligation to pay tax is considered fulfilled from the moment the property of the taxpayer (tax agent) - organization or individual entrepreneur is sold and the debt of the taxpayer is paid off ( tax agent) - an organization or an individual entrepreneur at the expense of the proceeds.

7. Officials of tax authorities (customs authorities) shall not be entitled to acquire the property of a taxpayer (tax agent) - an organization or an individual entrepreneur, which is sold in the procedure for executing a decision on the collection of tax at the expense of the property of a taxpayer (tax agent) - an organization or an individual entrepreneur.

8. The provisions provided for by this article shall also apply when collecting penalties for late payment of tax, as well as fines in cases provided for by this Code.

9. The provisions of this article shall also apply when collecting the fee at the expense of the property of the payer of the fee - an organization or an individual entrepreneur.

10. The provisions provided for by this article shall also apply when collecting taxes by customs authorities, subject to the provisions established by the customs legislation of the Customs Union and the legislation of the Russian Federation on customs affairs.

11. The provisions of this article shall apply when collecting corporate income tax on a consolidated group of taxpayers, relevant penalties and fines at the expense of the property of members of this group, taking into account the following features:

1) collection of tax at the expense of the property of participants in a consolidated group of taxpayers is primarily carried out at the expense of cash and funds in banks of the responsible member of this group, which were not levied in accordance with Article 46 of this Code;

2) if the responsible member of the consolidated group of taxpayers has insufficient (non-existent) cash and funds in banks that have not been levied in accordance with Article 46 of this Code, tax is collected from other members of this group at the expense of cash and funds in banks that have not been levied in accordance with Article 46 of this Code;

3) if the participants of the consolidated group of taxpayers have insufficient (absence) cash and funds in banks that have not been levied in accordance with Article 46 of this Code, the tax is collected at the expense of other property of the responsible participant in this group in the sequence established by subparagraphs 2 - 6 of paragraph 5 of this article;

4) if the property of the responsible member of the consolidated group of taxpayers is insufficient to fulfill the obligation to pay corporate income tax for the consolidated group of taxpayers, relevant penalties and fines, the tax is collected at the expense of other property of other participants in this group in the sequence established by subparagraphs 2-6 of paragraph 5 of this articles.

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