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Question: On specifying the account number in notifications on opening (closing) accounts (deposits) and on changing account details (deposits) in banks located outside the Russian Federation.

Answer:

The Federal Tax Service, having considered the Internet request and the request, taking into account the position of the Bank of Russia, addressed to the Federal Tax Service of Russia by letter dated 13.07.2016 N 014-12-1/550, informs on the following.

Part 2 of Article 12 of the Federal Law of 10.12.2003 N 173-FZ "On Currency Regulation and Currency Control" (hereinafter, Law N 173-FZ) established for residents the obligation to notify the tax authorities at the place of their registration of the opening (closing) of accounts (deposits) and on changes in the details of accounts (deposits) in foreign currency and the currency of the Russian Federation in banks located outside the territory of the Russian Federation (hereinafter referred to as the notification). The notification is submitted in accordance with the form approved by the order of the Federal Tax Service of Russia of 21 September 2010 No. ММВ-7-6/457@ "On approval of forms for opening (closing), changing account (deposit) details in a bank located outside the territory of the Russian Federation, and the existence of a bank account outside the territory of the Russian Federation."

These regulations do not limit the resident’s right to indicate in a notification a national or international account number (IBAN) in a bank located outside the territory of the Russian Federation.

Consequently, in the section “Account (deposit) details in a bank located outside the territory of the Russian Federation” in the field “Account (Deposit) Number at the Time of Filling” the notification may specify the account number in both the national format and the IBAN format.

It should be noted that, in accordance with Part 4 of Article 12 of Law No. 173-FZ, transfers by residents of funds to their accounts (deposits) opened with banks outside the territory of the Russian Federation, from their accounts (from deposits) with authorized banks shall be made on the condition that with the first transfer the notification of the tax authority at the place of registration of the resident about opening an account (deposit) with a note of acceptance of the said notification is presented to the authorized bank.

In this regard, it is recommended that the resident should indicate in the notification submitted to the tax authority the account number in a format similar to the one to which the transfer is to be made.

In addition, we note that the account number specified in the notification must match the account number specified in the report of cash flows on accounts (deposits) in banks outside the territory of the Russian Federation, submitted in accordance with the requirements of paragraph 7 of Article 12 of Law N 173-FZ.

We also recommend to use the online service on the home page of the Federal Tax Service of Russia (www.nalog.ru) in the Frequently Asked Questions for clarification on the application of currency regulation and currency control legislation.

This clarification (letter) is not a regulatory legal act, does not entail changes in the legal regulation of currency relations, does not contain rules entailing legal consequences for an indefinite number of persons, is informational and does not prevent residents (non-residents) from being guided by the rules of currency legislation of the Russian Federation in understanding, other than the provisions of this letter.

Thanks for your request and we hope that our answer was helpful.

27.07.2016