PROCEDURE FOR CALCULATION OF THE TAX BASE

Corporate income tax credited to the budgets of the constituent entities of the Russian Federation

– this is a direct tax, its value directly depends on the final financial results of the organization. The tax is charged on the profit that the organization received, that is, on the difference between income and expenses.

Profit – the result of subtracting the amount of expenses from the amount of income of the organization – is the object of taxation. The rules for taxation with income tax are defined in Chapter 25 of the Tax Code of the Russian Federation.

Who pays taxes

(Art. 246, Art. 246.2, 247 of the Tax Code of the Russian Federation)

All Russian legal entities (LLC, CJSC, OJSC, etc.)

Foreign legal entities that operate in Russia through permanent establishments or simply receive income from a source in the Russian Federation

Foreign organizations recognized as tax residents of the Russian Federation in accordance with an international treaty on taxation – for the purposes of applying this international treaty

Foreign organizations, the place of actual management of which is the Russian Federation, unless otherwise provided by an international treaty on taxation

Who does not pay taxes

(Articles 246.1, 346.1, 346.11, 346.26 of the Russian Tax Code)

· Taxpayers applying special tax regimes (UAT, USN, UTII) or who are tax payers on gambling business

Participants of the Skolkovo Innovation Center project

OBJECT OF TAXATION

INCOME. CLASSIFICATION OF INCOME.

Income is revenue from the main activity (sales income), as well as amounts received from other activities. For example, from renting out property, interest on bank deposits, etc. (non-operating income). When taxing profits, all income is taken into account without VAT and excises.

INCOME FROM THE SALES OF GOODS (WORK, SERVICES)

NON-OPERATING INCOME

Sales income is recognized as proceeds from the sale of goods (works, services) both of own production and previously acquired, proceeds from the sale of property rights.
Sales proceeds are determined on the basis of all receipts related to payments for sold goods (works, services) or property rights expressed in cash and (or) in kind.

Incomes are determined on the basis of primary documents and other documents confirming the income received by the taxpayer, and tax accounting documents.

Some income is exempt from taxation. Their list is provided for in Art. 251 of the Tax Code of the Russian Federation.

For most types of economic activity, a list of the most common incomes that are not taken into account in taxation is determined.

in the form of property, property rights received in the form of a pledge or deposit;

in the form of contributions to the authorized capital of the organization;

in the form of property or funds received under credit or loan agreements; At the same time, the income does not include the benefit from savings on interest under an interest-free loan agreement or a loan with an interest rate lower than the refinancing rate of the Bank of Russia;

· in the form of capital investments in the form of inseparable improvements to the leased (received for gratuitous use) property made by the lessee (borrower);

Other income provided for in Art. 251 of the Tax Code of the Russian Federation.

The list of privileged incomes is closed and is not subject to broad interpretation. Therefore, all other income that is not indicated in this list must be taken into account for paying income tax.

EXPENSES. COST GROUPING

Expenses are justified and documented expenses of the enterprise. They are divided into costs associated with production and sales (employee salaries, the purchase price of raw materials and materials, depreciation of fixed assets, etc.), and non-operating expenses (negative exchange rate differences, court and arbitration fees, etc.). In addition, there is a closed list of expenses that cannot be taken into account for income taxation. These are, in particular, accrued dividends, contributions to the authorized capital, repayment of loans, etc.

Reasonable and documented expenses incurred (incurred) by the taxpayer are recognized as expenses.

Direct costs are monthly allocated to the balance of work in progress and the cost of manufactured products (works, services). This means that direct expenses are taken into account in the reduction of the tax base for corporate income tax only as products (works, services) are sold, in the cost of which they are taken into account in accordance with Article 319 of the Tax Code of the Russian Federation.

The taxpayer independently determines in the accounting policy for tax purposes a list of direct costs associated with the production of goods (performance of work, provision of services)

The amount of indirect expenses for production and sale, carried out in the reporting (tax) period, is fully related to the expenses of the current reporting (tax) period.

TAX CALCULATION

When calculating corporate income tax, the taxpayer must clearly know what income and expenses he can recognize in this period, and which not. The dates on which expenses and income are recognized for tax purposes are determined by two different methods. (Art. 271-273 of the Tax Code of the Russian Federation)

accrual method. When a taxpayer maintains tax accounting on an accrual basis, the date of recognition of income/expense does not depend on the date of actual receipt of funds (receipt of property, property rights, etc.)/actual payment of expenses. Income (expenses) under the accrual method is recognized in the reporting (tax) period in which they occurred (to which they relate).

INCOME RECOGNITION PROCEDURE

are recognized in the reporting (tax) period in which they occurred, regardless of the actual receipt of funds, other property (works, services) and (or) property rights;

· if the relationship between income and expenses cannot be determined clearly or is determined indirectly, the income is distributed by the taxpayer independently, taking into account the principle of uniformity;

· for income from sales, the date of receipt of income is the date of sale of goods (works, services, property rights), regardless of the actual receipt of funds to pay for them.

For non-operating income, the date of receipt of income is:

the date of signing by the parties of the act of acceptance and transfer of property (acceptance and delivery of works, services) – for income in the form of property (works, services) received free of charge and for other similar incomes;

· the date of receipt of funds to the settlement account (cash) of the taxpayer – for income in the form of dividends from equity participation in the activities of other organizations; in the form of gratuitously received cash and other similar income.

cash method. When a taxpayer uses the cash method of tax accounting, income/expenses are recognized on the date of actual receipt of funds (receipt of property, property rights, etc.)/actual payment of expenses.

PROCEDURE FOR CALCULATION OF TAX

In order to calculate income tax for a tax period, it is necessary to determine the tax base (that is, profit subject to taxation) and multiply it by the appropriate tax rate.

Tax amount=Tax rate* Tax base

The calculation of the tax base must contain (Article 315 of the Tax Code of the Russian Federation):

The period for which the tax base is determined

The amount of income from sales received in the reporting (tax) period

The amount of expenses incurred in the reporting (tax) period, reducing the amount of income from sales

Profit (loss) from sales

The amount of non-operating income

Profit (loss) from non-sales operations

Total tax base for the reporting (tax) period

To determine the amount of profit subject to taxation, the amount of loss subject to transfer is excluded from the tax base

For profit falling under different rates, the bases are determined separately.

The tax base for income tax is the monetary expression of the organization’s profit . At the same time, for profit taxed at different rates, the tax base is calculated separately.

The tax base is calculated on an accrual basis from the beginning of the tax period, which corresponds to one calendar year. In other words, the base is determined during the period from January 1 to December 31 of the current year, then the calculation of the tax base starts from zero.

PROCEDURE FOR CALCULATION OF THE TAX BASE

If at the end of the year it turned out that expenses exceeded income, and the company suffered losses, then the tax base is considered equal to ” 0 “. This means that the amount of income tax cannot be negative, the amount of tax must be either positive or zero.

Basic rate 20%

2% to the federal budget ( 3% in 2017-2020); 0% for certain categories of taxpayers, the list of which is given below.

18% to the budget of the subject of the Russian Federation ( 17% in 2017 – 2020). The legislative bodies of the subjects of the Russian Federation may lower the tax rate for certain categories of taxpayers, but not more than to 13.5% ( 12.5% in 2017-2020).

The rate can be even lower:

For residents (participants) of special economic zones and free economic zones (clause 1, clause 1.7, article 284 of the Tax Code of the Russian Federation);

For participants in regional investment projects (clause 3, article 284.1 of the Tax Code of the Russian Federation; clause 3 of article 284.3 of the Tax Code of the Russian Federation);

· for organizations that have received the status of a resident of the territory of rapid socio-economic development or the free port of Vladivostok (clause 1.8 of article 284 of the Tax Code of the Russian Federation, article 284.4 of the Tax Code of the Russian Federation).

The Tax Code of the Russian Federation establishes, in addition to the main one, also special rates for profit:

SPECIAL CONDITIONS FOR CALCULATION OF TAX FOR CERTAIN TYPES OF ACTIVITIES

The Tax Code of the Russian Federation establishes features for determining the income and expenses of certain organizations, which depend on the type of activity carried out by these organizations. Thus, in ch. 25 of the Tax Code of the Russian Federation considers not only general approaches to the formation of the tax base, the calculation and payment of income tax, but also the features of income taxation associated with the specifics of certain industries or groups of enterprises.

Banks (art. 290, 291, 292 of the Tax Code of the Russian Federation)

Insurance organizations (insurers) (Art. 293, 294, 294.1 of the Tax Code of the Russian Federation)

Non-state pension funds (art. 295, 296 of the Tax Code of the Russian Federation)

· Participants of the securities market (art. 298, 299 of the Tax Code of the Russian Federation)

Clearing organizations (Art. 299.1, 299.2 of the Tax Code of the Russian Federation)

Features of operations with financial instruments of forward transactions (Articles 301 – 305 and 326 -327 of the Tax Code of the Russian Federation)

Features in the execution of an agreement on trust management of property, a simple partnership agreement (Articles 276, 278 and 332 of the Tax Code of the Russian Federation)

Features of taxation of foreign organizations (Art. 307-310 of the Tax Code of the Russian Federation)

TAXABLE PERIOD. REPORTING PERIOD

The tax period is the period at the end of which the process of forming the tax base is completed, and the amount of tax payable is finally determined. (Article 285 of the Tax Code of the Russian Federation). For corporate income tax, the tax period is a calendar year .

PROCEDURE FOR CALCULATION OF TAX AND ADVANCE PAYMENTS

The tax is defined as the percentage of the tax base corresponding to the tax rate. (Article 286 of the Tax Code of the Russian Federation)

· Quarterly advance payments are paid no later than the deadline set for filing tax returns for the relevant reporting period.

· Payment of tax at the end of the tax period no later than the deadline set for filing tax returns for the relevant tax period.

· Monthly advance payments are paid no later than the 28th day of the month following the expired month.

Basically, all taxpayers of income tax pay advance payments monthly (clause 2 of article 286 of the Tax Code of the Russian Federation)

Organizations that pay advance payments only quarterly (4 times a year) are indicated in paragraph 3 of Article 286 of the Tax Code of the Russian Federation

PROCEDURE FOR CALCULATION OF QUARTERLY ADVANCE PAYMENTS

The amount of the quarterly advance payment that the organization must pay to the budget for the reporting period, for example, at the end of the six months:

AK for surcharge = AK reporting – AK previous

where:
AK for extra charge – this is the amount of the quarterly advance payment payable (additional payment) to the budget at the end of the reporting period
AK reporting – this is the amount of the quarterly advance payment calculated at the end of the reporting period
AK previous – this is the amount of the quarterly advance payment paid following the results of the previous reporting period (in the current tax period)

PROCEDURE FOR CALCULATION OF MONTHLY ADVANCE PAYMENTS

During the reporting periods, taxpayers make payments on income tax in advance – in equal installments every month. The amounts of such monthly advance payments that must be paid in the next reporting period are calculated by the taxpayer based on the amount of the advance payment calculated for the previous reporting period.

VAT

VAT is an indirect tax. The calculation is made by the seller when selling goods (works, services, property rights) to the buyer.

VAT TAXATION

The following are recognized as VAT payers:

-organizations (including non-profit)

– entrepreneurs

Conventionally, all VAT taxpayers can be divided into two groups:

· Taxpayers of “internal” VAT i.e. VAT payable on the sale of goods (works, services) on the territory of the Russian Federation

· taxpayers of “import” VAT i.e. VAT payable on import of goods into the territory of the Russian Federation

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