14.05.2026, 16:27
The Duma adopted the law on transparency of budget subsidies
Source: OREANDA-NEWS
OREANDA-NEWS The State Duma adopted in the second and third readings government amendments (No. 1205728-8) to the Budget Code, which oblige recipients of budget subsidies to disclose in contracts with third parties the source of financing and the presence of VAT in it, clarify the calculation of the maximum state participation in concessions.
Currently, organizations receiving subsidies from the budget under articles 78, 78.1 and 78.3 of the Budget Code (subsidies to legal entities, sole proprietors, individuals, non-profit organizations, except for state-owned institutions, as well as state corporations and public law companies) and transferring these funds to third parties on a gratuitous and irrevocable basis are not required to specify in contracts with them. the budget source of funds and the availability of VAT amounts in their composition.
The adopted law obliges such subsidy recipients to explicitly state in contracts with third parties that the source of funds is a budget subsidy, as well as to indicate whether VAT is included in the amount of funds provided. As stated in the explanatory note, this will eliminate cases of receiving VAT deductions actually paid from the budget.
The rule will enter into force 10 days after its official publication. Previously concluded contracts will need to be brought into line within 30 days from the date of entry into force of the law.
The current legislation on concessions and on public-private partnerships stipulates that the budget should not be the main source of financing for the creation of the object of the agreement (and in the case of concessions, also for reconstruction and operation). However, the BC does not define an exhaustive list of budget funds that are taken into account when calculating this limit.
The adopted law introduces a new clause in the BC stating that when calculating the maximum amount of state participation, subsidies and budget investments are taken into account in accordance with articles 78, 78.1, 78.3, 79 and 80 (budget investments to legal entities) of the BC, including those provided to the concessionaire or private partner not directly, but through other legal entities for subsequent provision to the concessionaire. As follows from the explanatory note, in a significant part of the concluded concession agreements, budget expenditures prevail in the financing structure. There are also cases of attracting funds under the guise of extra-budgetary financing, the source of which is actually budgetary funds, for example, through contributions to the authorized capital.
"The implementation of the approach proposed by the draft law to determining the maximum amount of financial participation of a concedent (public partner) will normalize the level of investment activity of private investors in relation to projects implemented under the terms of agreements by excluding projects that actually do not have sufficient profitability potential and do not meet the general logic of implementing agreements," the explanatory note says.
The new rules do not apply to agreements that have already been concluded and will enter into force 10 days after the official publication.
The bill also supplements the BC with a clause allowing subsidies to be provided to budgetary and autonomous institutions for other purposes for the creation, development, modernization and operation of state and municipal information systems. The exclusive rights to software and other intellectual property results created with budgetary funds will belong to the Russian Federation, the subject of the Russian Federation or the municipality, respectively. This block will enter into force on September 1, 2026.
Currently, organizations receiving subsidies from the budget under articles 78, 78.1 and 78.3 of the Budget Code (subsidies to legal entities, sole proprietors, individuals, non-profit organizations, except for state-owned institutions, as well as state corporations and public law companies) and transferring these funds to third parties on a gratuitous and irrevocable basis are not required to specify in contracts with them. the budget source of funds and the availability of VAT amounts in their composition.
The adopted law obliges such subsidy recipients to explicitly state in contracts with third parties that the source of funds is a budget subsidy, as well as to indicate whether VAT is included in the amount of funds provided. As stated in the explanatory note, this will eliminate cases of receiving VAT deductions actually paid from the budget.
The rule will enter into force 10 days after its official publication. Previously concluded contracts will need to be brought into line within 30 days from the date of entry into force of the law.
The current legislation on concessions and on public-private partnerships stipulates that the budget should not be the main source of financing for the creation of the object of the agreement (and in the case of concessions, also for reconstruction and operation). However, the BC does not define an exhaustive list of budget funds that are taken into account when calculating this limit.
The adopted law introduces a new clause in the BC stating that when calculating the maximum amount of state participation, subsidies and budget investments are taken into account in accordance with articles 78, 78.1, 78.3, 79 and 80 (budget investments to legal entities) of the BC, including those provided to the concessionaire or private partner not directly, but through other legal entities for subsequent provision to the concessionaire. As follows from the explanatory note, in a significant part of the concluded concession agreements, budget expenditures prevail in the financing structure. There are also cases of attracting funds under the guise of extra-budgetary financing, the source of which is actually budgetary funds, for example, through contributions to the authorized capital.
"The implementation of the approach proposed by the draft law to determining the maximum amount of financial participation of a concedent (public partner) will normalize the level of investment activity of private investors in relation to projects implemented under the terms of agreements by excluding projects that actually do not have sufficient profitability potential and do not meet the general logic of implementing agreements," the explanatory note says.
The new rules do not apply to agreements that have already been concluded and will enter into force 10 days after the official publication.
The bill also supplements the BC with a clause allowing subsidies to be provided to budgetary and autonomous institutions for other purposes for the creation, development, modernization and operation of state and municipal information systems. The exclusive rights to software and other intellectual property results created with budgetary funds will belong to the Russian Federation, the subject of the Russian Federation or the municipality, respectively. This block will enter into force on September 1, 2026.
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