income tax- direct tax calculated by legal entities as a percentage of their profits. The procedure for calculating and paying income tax is established by Chapter 25 tax code RF.
Profit for tax purposes is the income received, reduced by the amount of expenses incurred. The Tax Code regulates in sufficient detail the list of expenses that can be taken into account for tax purposes, and the procedure for their recognition. There are two methods for determining taxable income:
1. Definition of profit accrual method. Under this option, the organization's income and expenses are recognized as they are incurred, regardless of whether they are actually received or paid. Money.
2. cash method. Under the cash method, income and expenses are recognized at the time of receipt or payment of cash. Not all organizations can use it. In particular, in order to use this method, the average revenue for the previous four quarters should not exceed 1 million rubles for each quarter.
Income tax payers
Income tax payers are organizations (legal entities), both Russian and foreign, operating in Russia. Individuals (citizens) are not payers of this tax, they pay income tax individuals(personal income tax). Also, organizations that have switched to special tax regimes (STS, UTII, ESHN) are not payers of income tax.
Income tax rate
The current income tax rate is 20%. For certain types activity and income is set reduced (or the rate is completely equal to 0%). For example, dividends, depending on a number of conditions, are taxed at a rate of 0% to 15%. There are tax incentives for special economic zones. Also, the Tax Code establishes a list of income that is not included in the tax base (Article 251 of the Tax Code of the Russian Federation).
Frequency of tax payment
tax period for income tax - calendar year. However, at the end of each reporting period(quarterly or even monthly) organizations calculate and pay advance income tax payments.
tax accounting
Prior to 2002, income tax (called "corporate income tax") was calculated by adjusting financial result obtained from the data accounting. Since 2002, when the corporate income tax began to be regulated by the Tax Code, such a thing as "" appeared. This is due to the fact that some rules for accounting for income and expenses for the purposes of calculating income tax differ from similar accounting rules. In particular, the Tax Code defines its own rules for the recognition of fixed assets and intangible assets, their depreciation, recognition of expenses. Appeared for tax purposes. Now tax accounting has actually become a parallel accounting with respect to traditional accounting. At the same time, discrepancies between the rules of accounting and tax accounting not cardinal, they are similar in many respects, therefore, usually both accounting are implemented jointly in the same accounting program. Moreover, when forming an accounting policy, accountants try to bring both accounts as close as possible, choosing similar options for its maintenance. This reduces the complexity of accounting work.
Still have questions about accounting and taxes? Ask them on the accounting forum.
Income tax: details for an accountant
- Desk audit of the income tax return
KNI in relation to income tax returns submitted by certain categories of taxpayers ... KNIs in relation to income tax returns submitted by certain categories of taxpayers ... declarations tax audit on income tax of a participant in an investment partnership agreement ... provides that the income tax return for a consolidated group of taxpayers ... income tax. According to paragraph 11 of Art. 88 Tax Code of the Russian Federation desk audit on income tax...
- Income Tax: Establishing Valid Tax Liabilities Based on GNP Results
Establishment of actual income tax liabilities in the event of additional charges of other taxes... base for income tax on the amount of these additional charges, provided that corporate income tax... bases for income tax on the amount of additional tax, provided that the tax on profits of organizations ... on income tax for 2009 led to the occurrence of an overpayment on income tax by the company ... when forming the taxable base for income tax, they cannot be taken into account, since the provided ...
- VAT and income tax: reflect in accounting
666 Calculations for income tax Operations for the accrual and payment of income tax are reflected in state ... . 247 of the Tax Code of the Russian Federation, the income received by the taxpayer is recognized as the object of taxation of income (then ... accrual and transfer to the budget of income tax are reflected in accounting (budgetary) accounting ... 10 731). ** In order to calculate income tax, the proceeds from the sale of products are reduced ... RF). * * * The object of VAT and income tax is the income (profit) of cultural institutions ...
- Income tax: tax sanctions and the statute of limitations for tax liability
When underestimating the taxable base for income tax? What is the procedure for collecting tax ... in case of underestimation of the taxable base for income tax? Collection procedure tax sanction... The organization did not file an income tax return for 2018. Responsibility... when underestimating the income tax base? Non-payment or incomplete payment... The organization underestimated the taxable base for income tax for 2018. Let's calculate... an offense has been committed. The tax period for income tax is a year (clause 1 ...
- The transaction was declared invalid: income tax and VAT
The recalculation of the tax base and the amount of income tax is carried out in accordance with the procedure established by Art. Corresponding corrections in the income tax declaration. Please note: During ... implementation for the calculation of VAT and income tax. All subsequent changes in value or ... sales for the calculation of VAT and income tax; after the transaction is recognized as invalid initially ... correction of an error made in the calculation of income tax. According to the position formed by the courts, which ...
- Changes in income tax for state institutions
When determining the tax base for income tax. Previously exempt from taxation...institutions do not need to pay income tax on any funds received by...institutions. It turns out that earlier income tax was paid from budget revenues. What ... income tax and take into account on account 1 303 03 000 “Calculations for income tax ... income and are taken into account when calculating income tax income in the form of: cost ... will continue to calculate income tax. About the nuances of applying changes ...
- A few words about the new income tax return form
Approved new form corporate income tax declaration, the procedure for filling it out, ... a new form of the corporate income tax declaration was approved, the procedure for filling it out, ... with the current income tax declaration form (approved by Order of the Federal Tax Service of Russia ... - in the sheet 04 "Calculation of corporate income tax on income calculated by ... reducing the amount advance payments and income tax to be credited to the federal ... in sheet 09 "Calculation of corporate income tax from income in the form of ...
- Application of the AC 0% income tax rate: innovations from 2020
Institutions: 0% income tax rate maintained ... 0% income tax rate for museums, theaters and libraries... autonomous institutions: 0% income tax rate maintained for... ; a 0% income tax rate is provided for museums, theaters and libraries ... the right to apply zero rate for income tax indefinitely (subject to the conditions, ... institutions submit income tax returns only after the expiration of the tax period ...
- Income tax in 2018: clarifications of the Ministry of Finance of Russia
Payment features self-regulatory organization income tax on income in the form of fines... the market, the tax base for the profit tax of the specified foreign organization is determined ... by what these incomes are subject to taxation by corporate income tax in the generally established manner. ... non-operating income for corporate income tax purposes. Since the taxpayer does not ... 10674 The taxpayer has the right to reduce the amount of corporate income tax (advance payment) subject to ...
- Preferential income tax rates from 2020
Firstly, a 0% income tax rate for organizations is maintained... -Secondly, a 0% income tax rate for museums, theaters and libraries is envisaged. Important... RF medical, educational institutions pay income tax at a rate of 0%, subject to ... have the right to apply a zero income tax rate indefinitely (subject to the conditions set forth ...
- income tax in 2017. Clarifications of the Ministry of Finance of Russia
Withhold income tax from the calculated amount of dividends. When taxing the above income... The possibility of offsetting the amount of tax similar to corporate income tax paid by a Russian organization (... RF, the amount of tax similar to corporate income tax paid by a Russian organization (... a foreign organization is subject to income tax organizations at a rate of 20 ... a foreign organization is subject to corporate income tax at a rate of 10 ...
- Investment deduction for income tax and property tax
Tax deduction (hereinafter - INV) for income tax for the calculation of tax on ... tax deduction(hereinafter - INV) for income tax for the calculation of tax on ... ". Therefore, the norms of 25 "Corporate income tax" of the Tax Code of the Russian Federation when calculating ...
- Income tax disputes (Practice of the Supreme Court of the Russian Federation for 2018)
The legislation was not a payer of income tax in relation to the construction of residential ... lawful exclusion from income tax expenses of the amount of excessively accrued depreciation. ... also applies to the preferential treatment of taxation of profits of organizations recognized as agricultural producers. ... , the relevant income is subject to income tax on a general basis at the rate ... tax liabilities established for income tax during the field tax ...
- What will change in income tax from 01/01/2020?
It says that the reduced rates of income tax payable to the budgets of the subjects ... in relation to the reduced rates of corporate income tax payable to the budgets ...
- General and special income tax rates
categories of taxpayers. Reduced income tax rates payable to the budgets...hereinafter referred to as the SEZ participant), income tax rate payable: in federal budget... has the right to apply reduced rates for corporate income tax payable to... The RF may provide for a reduced income tax rate payable to the budgets of... dividends Dividend recipient Profit tax payer Income tax rate Subparagraph 3 st...
Since 2020, Chapter 25 of the Tax Code (TC) of the Russian Federation has undergone changes. Legislators have expanded the list of income from which interest is not charged. Read about the main innovations and an example of tax calculation in the article.
Art. 284 of the Tax Code fixes the current income tax rate in 2020. It is 20%, of which 17% is transferred to the budget of the subject of the Russian Federation, and 3% - to the treasury of the federation. This division will be valid until 2024.
List of taxpayers:
There are also concessional higher rates income tax in 2020 for legal entities:
| Interest rate and budget type | Who pays and from what income? |
| 9% to the federal treasury | Profit from the sale of municipal securities and mortgage-backed bonds issued before 2007, owned by the organization. |
| 10% to the Russian budget | Income from the organization of international transportation, as well as from the lease of aircraft and watercraft. |
| 0-10% to the regional treasury | Companies participating in investment projects, which are not in the all-Russian register or are included in the list of regional ones. |
| 13% to the federal budget | From dividends from holding shares in foreign and Russian organizations for less than 1 year, from owning a share of less than 15%, as well as from income from shares with depository receipts. |
| No more than 13.5% to the regional and 1.5-3% to the Russian treasury | Companies doing business in special economic zones(except for firms engaged in technical and innovative activities, and tourist and recreational clusters). |
| 15-30% to the federal budget | Russian enterprises owning securities held by foreign holders or on foreign depo accounts. |
| 20% to the Russian treasury | All foreign companies, as well as from profits from the use of patents, trademarks and other intellectual property, from the sale or rental of real estate. |
From 2020, the zero rate is also applied to organizations:
- Which have been assigned the status of a regional operator for the treatment of municipal solid waste (clause 1.12 of article 284 of the Tax Code as amended by the Law of July 26, 2019 No. 211-FZ). In the presence of regional law implying such conditions.
- Museums, theaters, libraries, the founders of which are the subjects of the Russian Federation or municipalities(Article 284.8 of the Tax Code as amended by the Law of July 26, 2019 No. 210-FZ). Condition: income from activities that are included in the list of types cultural activities account for at least 90 percent of the total income. Calculate both indicators according to the rules of chapter 25 H.
The deadlines for filing income tax returns in 2020 are set as follows:
- for the past year - until March 28 of the current (for example, for annual revenue in 2019, the declaration is submitted before March 30, 2019, because March 28 falls on a day off);
- for quarterly transfers of money - before the 28th day of the month following the end of the quarter (for example, for the 1st quarter of 2020, you need to report before April 28 inclusive);
- for monthly payments - by the 28th of every month (for example, interest for January is paid before February 28).
The current sample of the 2019 income tax return for an LLC is enshrined in Order No. ММВ-7-3/572@ of the Federal Tax Service of the Russian Federation, adopted on October 19, 2016.
Changes in the law on income tax LLC
In ch. 25 Tax Codes have expanded the list of expenses at the expense of which the state fee can be reduced:
Starting from 2019, LLC income tax on OSNO is not subject to:
- Return of a share from the authorized capital of another company. For example, if an organization acted as a founder of a legal entity, but then withdrew from the membership, returning the contribution to itself, then the share will not be considered income;
- State subsidies that the company used to compensate for part of its expenses (the list is specified in Article 270 of the Tax Code, among them, for example, actual costs enterprises to pay fines, issue bonuses to employees, pay environmental fees, etc.);
- Money received as a result of the reconstruction or transfer of fixed assets owned by state or municipal institutions.
We remind you that corporate income tax can be reduced at the expense of expenses for:
- payment amount wages employees;
- depreciation deductions;
- rent;
- purchase of raw materials;
- court costs (including payment for the representation of lawyers);
- the cost of acquiring computer programs and databases;
- the amount of accrued interest on debts;
- the amount of payment for advanced training courses for employees;
- advertising expenses for income tax (no more than 1% of the company's income);
- costs for research activities;
- payment of insurance premiums.
Not taken into account in taxation (Article 251 of the Tax Code):
- prepayment under contracts;
- transfers to the authorized capital;
- deposit or pledge;
- commissions;
- writing off debts.
The difference between income tax and VAT is not significant when it comes to calculating the amount of the state fee payable. This is a complex process, where it is allowed to take into account only those expenses and incomes that have documentary evidence. In order to avoid mistakes, we advise you to outsource the tax calculation work to the accounting department.
An example of calculating corporate income tax
An example of calculating the amount of the state fee:
Solovey LLC is engaged in the production building materials. In 2018 the organization:
- sold building materials for 1.2 million rubles. (VAT - 200 thousand rubles);
- received a loan from a bank in the amount of 700 thousand rubles, of which 35 thousand percent was repaid during the year;
- depreciated property for 20 thousand rubles;
- purchased raw materials in the amount of 400 thousand rubles;
- transferred employees a salary of 300 thousand rubles. + insurance premiums for them 30 thousand rubles.
In 2017, the company received a loss of 50 thousand rubles.
The loan amount is 700 thousand rubles. is not considered income. 20% VAT on sales also does not count. The total profit amounted to 1 million rubles.
We use deductions:
1,000,000 - 35,000 - 20,000 - 400,000 - 330,000 \u003d 215,000 rubles.
Of these, 3% is paid to the federal budget:
215,000 * 0.03 \u003d 6,450 rubles.
And 17% - to the regional:
215,000 * 0.17 \u003d 36,550 rubles.
Total tax amount:
36,550 + 6,450 = 43,000 rubles
For small business news, we launched a special channel in Telegram and groups in
Income tax is a direct tax that depends on the total results of the company's work minus expenses for the swelling period. Calculate the amount of tax separately for each type of transactions for which different tax rates apply. The procedure for paying tax depends on the rate, which in turn depends on the type of income.
income taxpayers
Persons listed in paragraphs 1 and 5 of Article 246 of the Tax Code must pay income tax. What has changed in income tax in 2020
Income tax payers are:
- Russian organization on common system taxation;
- foreign companies that operate in Russia through representative offices and receive income from sources in Russia;
- member organizations consolidated group;
- foreign organizations - residents of the Russian Federation in accordance with an international treaty.
The following are exempt from corporate income tax:
- companies on special regimes (UTII, ESHN, USN);
- organizations - payers of tax on gambling business;
- participants of the Skolkovo project;
- organizations involved in the preparation and holding of the 2018 FIFA World Cup and the 2017 FIFA Confederations Cup (Art. 246, 246.2, 247 of the Tax Code of the Russian Federation).
Note that income tax must be paid by those organizations that are tax agents. It can be both Russian and foreign agents. About the cases in which an organization or individual entrepreneurs are recognized as tax agents and from what income it is necessary to withhold income tax, said the experts of the Glavbukh System.
Object of taxation for income tax in Russia
The object of corporate income tax is the profit that the company received as a result of its activities. Profit is the difference between income and expenses for certain period(Article 247 of the Tax Code of the Russian Federation).
What is income for income tax
Income is divided into two types. The first is the money that the company receives from the sale of goods (works, services), both of its own production and previously purchased (Article 249 of the Tax Code of the Russian Federation). About what income you need to pay income tax, said the experts of the Glavbukh System.
The second type is non-sales, that is, they are not directly related to the implementation. For example, money from renting out real estate, if this is not the main activity of the company, interest on bank deposits and loan agreements, written off accounts payable, surplus, etc. Full list non-operating income for corporate income tax is in Article 250 of the Tax Code.
There is also a list of those incomes that do not need to be taken into account when calculating tax. For example:
- property or property rights received as a pledge or deposit;
- property received as a gift free of charge from a counterparty or an individual, if authorized capital the receiving organization consists of the contribution of such a counterparty or person of more than 50%;
- property received as a pledge or deposit;
- payments to the authorized capital and other incomes listed in Article 251 of the Tax Code of the Russian Federation.
Determine the amount of income monetary form(Clause 3, Article 274 of the Tax Code). When receiving income in kind, determine its amount based on the transaction price, taking into account the provisions of Article 105.3 of the Tax Code (clauses 4 and 5 of Article 274 of the Tax Code). For tax purposes, exclude from the income received the amounts of VAT and excise taxes presented to buyers or customers (paragraph 2, subparagraph 2, paragraph 1, article 248, paragraph 19, article 270, articles 168 and 198 of the Tax Code).
What are expenses for income tax in the Tax Code of the Russian Federation
Expenses - reasonable and documented expenses of the company, by which it has the right to reduce its income (Article 250 of the Tax Code of the Russian Federation). But not all expenses can be taken into account when calculating income tax. Among them, there are those that cannot be written off.
For example, penalties and fines, dividends, material aid employees and allowances for pensions, etc. The list of non-accounted expenses is in article 270 of the Tax Code of the Russian Federation. Experts of the Glavbukh System told about what expenses to take into account and which not when calculating income tax.
By general rule All costs are divided into:
- costs associated with the implementation;
- non-operating expenses.
Implementation costs
If to speak plain language, then the cost of implementation is all the costs of the company for:
- production, storage and delivery of goods, performance of works, provision of services, acquisition and sale of goods (works, services, property rights);
- maintenance and operation, repair and Maintenance fixed assets and property;
- research and development (R&D);
- other expenses related to production and sale.
All these costs can be divided into four groups:
- material (acquisition of raw materials and materials, tools, components, works and services from third-party organizations and others, which are listed in Article 254 of the Code);
- for wages (salary, bonuses, additional payments, saved average earnings, compensation and lump sum payments. See Article 255 of the Code for a complete list of costs);
- depreciation;
- other (taxes and fees paid, certification and standardization, fire safety, travel, legal and consulting services from third parties, stationery, mail, telephone and Internet, and others from Article 264 of the Tax Code).
If you consider tax on an accrual basis, the costs of production and sales are divided into direct and indirect (Article 318 of the Tax Code of the Russian Federation). Direct costs are the costs that a company incurs for the direct manufacture of products or the provision of works or services. For example, material costs, depreciation, wages. Indirect costs are all other costs. The company independently prescribes a list of direct costs in accounting policy. To understand whether it is necessary to make a distribution, the diagram below will help.
non-operating expenses
Non-operating expenses include costs that are not directly related to production and sales (Article 265 of the Tax Code of the Russian Federation). These are, for example, a negative or positive exchange rate difference, court and arbitration fees, fines and penalties for breach of contract, bank services, identified losses from previous years, and others.
Figure 1. Is it necessary to divide expenses into direct and indirect for income tax
The procedure for accounting for expenses and income for determining income tax is regulated by Articles 271, 272 and 273 of the Tax Code. About which costs are safer to leave as direct costs, and which ones can be attributed to indirect ones, experts of the Glavbukh System told
Tax and reporting periods for income tax
The tax period for income tax is a calendar year (Article 285 of the Tax Code of the Russian Federation). The experts of the Glavbukh System told about the deadlines for submitting tax returns for 2020.
The reporting period for income tax depends on how the company reports and pays advances. There are two options:
- the declaration is submitted quarterly, but the advance is paid quarterly or monthly due to exceeding the revenue limit. In this case, reporting will be 1 quarter, half a year and 9 months.
- Reporting is done monthly and paid every month. For such organizations, the reporting periods will be a month, two, three, and so on - until the end of the current year.
To highlight for which tax period the company reports, there is a special line in the declaration. It contains a digital code. For example, code 31 in the income tax return means that the company reports for a six-month tax period. How to draw up and submit an income tax return in 2020, experts from the Glavbukh System told.
The list of all tax periods for income tax returns in 2020 was approved by officials in Appendix No. 2 to the Order, approved. Order of the Federal Tax Service No. ММВ-7-3/475 dated September 23, 2019.
Table 1. Tax period codes for income tax
|
Period |
|
|
1 quarter |
|
|
half a year |
|
|
9 months |
|
|
For monthly reporting |
|
|
one month |
|
|
two month |
|
|
three months |
|
|
four months |
|
|
five months |
|
|
six months |
|
|
seven months |
|
|
eight months |
|
|
nine month |
|
|
ten months |
|
|
eleven months |
|
Tax base for income tax
To calculate the amount of income tax, it is necessary to determine the tax base. It is considered a cumulative total from the beginning of the year for transactions, the tax on which is calculated at a rate of 20 percent (clause 7, article 274 of the Tax Code of the Russian Federation). Formula for calculation:
This procedure follows from Article 274 of the Tax Code and Section V of the Procedure approved by Order of the Federal Tax Service No. ММВ-7-3/475 dated September 23, 2019. An example of calculating the tax base for income tax on transactions taxed at a rate of 20 percent, see the Glavbukh System website.
The following losses are taken into account in a special procedure for taxation:
- from exercising the rights to land(Article 264.1 of the Tax Code);
- from the sale of depreciable property (clause 3 of article 268 of the Tax Code);
- from the realization of the rights to claim debt (Article 279 of the Tax Code);
- from the activities of service industries and farms (Article 275.1 of the Tax Code);
- from the use of property transferred to trust management(Article 276 of the Tax Code);
- from transactions with securities (Article 280 of the Tax Code).
For other rates, the corporate income tax base is determined separately. There is also a list of companies for which there are features of determining the tax base. Among them are:
- banks;
- Insurance companies;
- non-state pension funds;
- consumer cooperatives and microfinance companies;
- participants in the securities market.
In practice, situations may arise when, during the tax period, the amount tax rate is changing. About how to calculate income tax, taking into account different rates, experts of the Glavbukh System told.
Figure 2. The procedure for calculating the tax base for corporate income tax
This procedure is offered by the Federal Tax Service on its website.
Income tax rate
To find out what the basic income tax rate is, let's look at Article 284 of the Tax Code. It is 20%. About what rate to pay income tax in 2020, experts of the Glavbukh System told.
That is, to understand how much the income tax will be, multiply the tax base by the rate. The resulting amount will have to be transferred to the budget. Moreover, the total rate is divided into two types:
- 3% - credited to the federal budget;
- 17% are credited to the budgets of the constituent entities of Russia.
Regional authorities of the Russian Federation have the right to reduce tax rates for certain categories companies. But not below the limit of 12.5%. Income tax rates depend on the type of income and on the status of the organization. What rates are valid in your region - see the table on the Glavbukh System website.
Terms of payment of income tax and advance payments
Despite the fact that the tax period is a year, income tax is paid monthly or quarterly. The payment of income tax depends on two factors:
- how the company calculates taxes - based on the actual profit received or taking into account the profit for the previous quarter;
- how much profit was made in the previous four quarters.
If you consider tax on actual profit, then pay advances on income tax on a monthly basis no later than the 28th day of the month following the reporting one. About how to transfer income tax on a monthly basis based on actual profit, experts of the Glavbukh System told.
For those whose income for the previous four quarters exceeds the established limit - 15 million rubles. for each quarter, there is a separate procedure for paying income tax. They also have to pay income tax on a monthly basis. Moreover, the advance is calculated for the quarter, but it is divided into three amounts. It turns out that such organizations pay both quarterly and monthly payments.
If the tax is calculated based on the profit of the previous period, then they pay it once a quarter. The deadline for payment of the advance on income tax is no later than the 28th day of the month following the end of the reporting period. About that, the experts of the Glavbukh System told.
But non-profit institutions and organizations, which include budget ones, can also receive income as part of their core activities. The law does not prohibit it, but only regulates it. Therefore, they are also required to pay income tax.
General information about income tax in a budgetary institution
So, for starters, let's figure out whether budgetary organizations (institutions) pay income tax. Budgetary institutions are formed to serve the population within the framework of the implementation of their rights guaranteed by federal and local legislation. Accordingly, these organizations can be:
- Federal subordination.
- Formed by the subject of the federation.
- Municipal.
These organizations are obliged to carry out their work solely for the purposes declared at the time of their creation. These goals (tasks) are set by that state or municipal authority, which in this case is the founder. Refusal of these assignments is not acceptable.
Financing budget institutions can be done in a combination of ways:
- Subsidizing from the budget.
- Due to the provision of paid services for the main type of his work, but in excess of that received from state (municipal) assignments. Subject to preservation in full and as free services.
- Through the implementation of activities whose goals coincide with the declared objectives of this budget organization and income from this activity.
That is, the law provides for profit extrabudgetary organizations and hence the payment of income tax.
This video will tell you about income tax in a budgetary institution:
Differences from tax in non-budgetary organizations
The main difference between a budgetary organization is the variability of sources of income and their mandatory separate accounting. Accounting for income is carried out according to such group characteristics as:
- Purpose (funds for the implementation of the state task, received from commercial undertakings, targeted revenues).
- Source of funding (from which budget funds are received).
- Type of receipt (treasury, bank, cash desk).
- Method of entry ( cash payment, bank transfer, checkbook).
Accounting for cash injections into foreign currency ongoing special order. The tax calculation procedure is common, but there are some peculiarities. This:
- Mandatory for each amount confirmation by primary documents
- Kinds commercial activities must be consistent with the objectives.
- This must certainly be reflected and fixed in.
- The provision of paid services must be coordinated with higher state or municipal services.
- The income obtained in this way can only be applied in accordance with the financial and economic plan of the institution.
Regulatory regulation of the issue
Selection various kinds funds for budgetary organizations, their receipt and use is regulated by law and controlled by the fiscal authorities of the state. Legal basis their activities are:
- Civil Code.
- budget code.
- 273rd law of the Russian Federation.
- Order of the Minister of Finance No. 174n.
- Approved and registered charters of budgetary institutions.
Read below about the accrual of income tax in educational and other budgetary institutions.
Subjects and objects
According to the law, any organization operating in the territory of the Russian Federation is recognized as a subject, or in another way as a payer of income tax. This status does not depend on the method of creation of the organization and its legal status. In this case, these may be the following institutions:
- Cultural.
- Veterinary.
The object of taxation in our case is profit, which is considered in two forms:
- Income from the commercial sale of services.
- Income considered non-operating.
In the first case it is:
- Additional classes over the program in educational institutions.
- Creation of circles and sections.
- Organization of excursions, exhibitions, children's parties, outdoor events.
- Organization of additional medical appointments.
- Conducting additional surveys.
- Creation of medical commissions for examinations.
- Participation in the elimination of outbreaks of dangerous diseases in animals.
A complete list of such services is presented in Article 249 of the Tax Code.
Other types of objects of taxation (see article No. 250) are non-operating. For budget organizations, this includes:
- Price material assets and property transferred to the institution free of charge.
- Income received from or real estate.
- Dividends.
- Interest earned on loans or borrowings.
- Interest from participation in the creation of other organizations.
- Income from the sale of rights to intellectual activity in non-core areas for this institution.
Rate and calculation, costs, code budget classification, budgetary institution (organization) - all this is discussed below.
Useful tips for budgetary institutions on income tax are given in this video:
Rate and settlement
Tax rates for budgetary organizations are equated to generally accepted, and are:
- 20% , with the payment of 2% to the general, federal treasury and 18% to the local treasury.
- Preferential 0%– in the provision of commercial services in the field of medicine and education.
Formula
The formula for calculating tax for "state employees" is exactly the same as for everyone: Amount of tax payable = (received income - expenses incurred) × tax rate.
A budgetary institution earned 100,000 rubles on conducting paid excursions, while spending 50,000 on their organization. Therefore, it is necessary to pay income tax from this object of taxation:
- (100,000 - 50,000) × 0.2 \u003d 10,000 rubles.
Problem part
But the problem in calculating income tax for budgetary institutions is the distribution of the ratio of taxable and non-taxable income and related expenses. That's why:
- News that fall into the tax base and those that do not.
- The list of possible income from commercial activities and the procedure for calculating income tax from them should be prescribed in internal documents.
In addition, when calculating this type of tax, it is important to keep separate records of expenses, which can be:
- Material.
- Depreciation.
- For wages.
- Others.
After all, part of the expenses are financed from the budget or in targeted areas, and therefore, when calculating income tax, "state employees" are not taken into account.
Examples
Here is an example of tax calculation separate account expenses spent on commercial activities under the proportional system:
In the reporting quarter, the budgetary institution received rubles:
- From the budget - 1900 million.
- Designated purpose - 175 million rubles.
- From entrepreneurial activity - 550 million rubles.
Total - 2625 million.
- Revenues from paid services are: 550/(2625 – 175)×100% = 22.4%.
- Total expenses for the quarter in rubles - 2425 million (plus 175 million targeted). With a proportional calculation of the costs of entrepreneurial activity we get: (2425 - 175) / 100 × 22, 4% = 504 million rubles.
- The taxable profit in this calculation is (550 - 504) = 46 million rubles.
- From here, the income tax from commercial activities is derived according to the general formula: (550 - 504) × 0.20 \u003d 9.2 million rubles.
The video below will tell about the postings of accounting for the accrual of income tax of budgetary organizations (institutions):
Income tax is one of mandatory taxes OSNO for legal entities (including foreign ones). IP, in turn, pay personal income tax (more details). Income tax is federal tax, the value of which directly depends on financial activities organization (its profits).
Who is exempt from income tax
The following are exempted from income tax:
- Organizations that apply special tax regimes (USN, UTII, UAT), as well as paying tax on gambling business.
- Participants of the Skolkovo Innovation Center project.
- A number of foreign and international organizations(listed in paragraph 4 of article 246 of the Tax Code of the Russian Federation).
- Organizations that meet certain conditions under which the income received is subject to a zero rate, for example, the conduct of an educational or medical activities(the list of income for which the 0% rate can be applied is established by Articles 284, 284.1, 284.3 of the Tax Code of the Russian Federation).
Object of corporate income tax
The object of taxation is the profit of the organization received according to the results of the reporting (tax) period.
Note: Profit is the difference between income received and expenses incurred.
Income for income tax purposes
- Income from sales (revenue from the sale of goods, works and services, property rights).
- Non-operating income (other receipts not related to sales income). A complete list of non-operating income is given in Art. 249 of the Tax Code of the Russian Federation.
Note: the list of income not taken into account when calculating the tax is given in Art. 251 of the Tax Code of the Russian Federation. This list is closed and, if some income is not indicated in it, they must be taken into account when calculating the tax.
Expenses for income tax purposes
- Implementation costs.
- non-operating expenses.
Sales costs, in turn, are divided into direct and indirect.
Direct costs are taken into account as the sale of goods, in the cost of which they are taken into account (depreciation costs, remuneration of employees involved in the production of goods, works and services, material costs).
indirect costs accounted for in the period in which they were made. These include all other expenses, except for direct and non-operating.
Note: the list of expenses not taken into account when calculating the tax is given in Art. 270 of the Tax Code of the Russian Federation. The specified list is closed, the expenses listed in it under no circumstances can reduce the income of the organization.
note, in order to accept expenses as a reduction in income tax, they must be documented, substantiated and aimed at generating income. If at least one of the conditions is not met, the recognition of expenses of the organization will be denied.
Note: Often tax authorities call into question the validity of the declared expenses due to unscrupulous contractors. You can read more about checking counterparties.
Income and expense accounting methods
The procedure for accounting for income and expenses in a given period is determined by two methods:
- accrual method. Income and expenses are recognized in the period in which they were incurred, regardless of the date of payment and receipt of funds.
- cash method. Income and expenses are recognized in the period in which expenses were paid or funds (property, property rights) were received. Organizations can apply this method, provided that for the previous four quarters, revenue did not exceed a million for each quarter (in the amount of 4 million rubles for 4 quarters).
Note: an organization can apply only one of the specified methods, a combination (for example, one method for income and another for expenses) is not allowed.
For more information about the methods of accounting for income and expenses for income tax, see Art. 271-273 of the Tax Code of the Russian Federation.
Calculation of corporate income tax
Corporate income tax is calculated in the following form:
Tax payable to the budget = Tax base x Tax rate - Advance payments - Sales tax
The tax base
The income tax base is defined as the difference between income and expenses (profit). If expenses exceed income, the base is recognized as equal to zero. And the tax is not paid to the budget.
note, profit is determined on an accrual basis from the beginning of the year.
Note: if income is subject to different rates, then the tax base is calculated separately for each rate.
If the organization has a loss to be carried forward, it also reduces the tax base.
tax rate
Base rate - 20% . The tax paid at this rate is distributed to the budgets in the following proportions:
- 3% - to the federal budget.
- 17% - to the budget of the constituent entity of the Russian Federation.
Special tax rates
| tax rate | Type of income |
|---|---|
| 30% | Income from the turnover of securities (other than dividend income) recorded on depo accounts in case of violation of the procedure for submitting information to a tax agent |
| 20% | Income foreign organizations not related to activities through a permanent establishment (except for income named in clauses 2,3,4 of article 284 of the Tax Code of the Russian Federation) |
| Income from activities for the extraction of hydrocarbons in relation to organizations that meet the requirements of paragraph 1 of Art. 275.2 of the Tax Code of the Russian Federation | |
| 15% | Income in the form of interest on state and municipal securities |
| Income of foreign organizations received in the form of dividends from Russian companies | |
| 13% | Income Russian organizations in the form of dividends from Russian and foreign companies |
| Income from dividends received on shares, the rights to which are certified by depositary receipts | |
| 10% | Income of foreign organizations not related to activities in the Russian Federation through a permanent establishment, from the use, maintenance or leasing of mobile Vehicle or containers in connection with international transport |
| 9% | Income in the form of interest on municipal securities issued for a period of at least three years before January 1, 2007, as well as other income specified in paragraphs. 2 p. 4 art. 284 Tax Code of the Russian Federation |
| 0% | The list of organizations entitled to apply the zero rate is named in Art. 284 of the Tax Code of the Russian Federation. |
An example of calculating income tax at the end of the year
The taxable income of Romashka LLC for 2018 amounted to 35 million rubles
Expenses taken as a reduction in income amounted to 15 million rubles
The tax base will be 20 million rubles(35 million rubles - 15 million rubles)
Bid - 20 % .
The tax calculated at the end of 2018 will be equal to 4 million rubles(20 million rubles x 20%).
The advance payments paid for the year amounted to 3 million rubles
The tax payable to the budget will be 1 million rubles(4 million rubles - 3 million rubles), of which:
- 30 000 rub. to the federal budget.
- RUB 170,000 to the budget of the subject of the Russian Federation.
income tax payable
The reporting period for income tax is quarter, half a year And 9 months.
Note: for organizations that have chosen the method of paying advances on actual profit (monthly), the reporting period is a month, two months, and so on until the end of the year.
The income tax period is calendar year.
Organizations during the year must pay advance payments at the end of each reporting period (depending on the method of paying advances).
Learn more about the procedure for calculating, terms and methods of paying advance payments.
Corporate income tax reporting
At the end of each reporting and tax period, organizations must submit a tax return.
note that a new form has been applied since 2017 tax return on income tax.
If the organization pays quarterly advances of the declaration, it submits 4 times(according to the results of each quarter for the year). When paying advances on actual profit, a declaration must be submitted 12 times a year(from January to November and for the year).
Declarations based on the results of the reporting period are submitted to the IFTS no later than 28 days from the end of the reporting period. Declaration at the end of the year no later than March 28 next year.
Note: the declaration is submitted at the place of registration of the organization and its separate subdivisions. The largest taxpayers report at the place of registration.
Payers of income tax are required to keep registers of tax and analytical accounting.
If in tax period the taxpayer did not have income tax transactions and there was no cash flow on settlement accounts and cash desk, he can file