Tax Code of the Russian Federation Article 67 tax credit

1. An investment tax credit may be granted to an organization that is a taxpayer of the relevant tax, if at least one of the following grounds exists:

1) carrying out by this organization of research or development work or technical re-equipment of its own production, including those aimed at creating jobs for the disabled and (or) improving the energy efficiency of the production of goods, performance of work, provision of services, or implementation of an event or events to reduce negative impact on the environment, provided for by paragraph 4 of Article 17 of the Federal Law of January 10, 2002 N 7-FZ "On Environmental Protection";

2) implementation by this organization of implementation or innovation activities, including the creation of new or improvement of applied technologies, the creation of new types of raw materials or materials;

3) fulfillment by this organization of a particularly important order for the socio-economic development of the region or the provision by it of especially important services to the population;

4) fulfillment by the organization of the state defense order;

5) investment by this organization in the creation of facilities with the highest energy efficiency class, including apartment buildings, and (or) related to renewable energy sources, and (or) related to objects for the production of thermal energy, electric energy, with an efficiency of more than 57 percent, and (or) other objects, technologies with high energy efficiency, in in accordance with the list approved by the Government Russian Federation;

6) inclusion of this organization in the register of residents of the territorial development zone in accordance with the Federal Law

2. Investment tax credit is granted:

1) on the grounds specified in subparagraphs 1 and 5 of paragraph 1 of this article - for the amount of the loan, which is 100 percent of the cost of the equipment acquired by the interested organization, used exclusively for the purposes listed in these subparagraphs;

(see text in previous edition)

2) on the grounds specified in subparagraphs 2 - 4 of paragraph 1 of this article - for the loan amounts determined by agreement between the authorized body and the organization concerned;

(see text in previous edition)

3) on the grounds specified in subparagraph 6 of paragraph 1 of this article - for the amount of the loan, which is not more than 100 percent of the amount of expenses for capital investments in the acquisition, creation, additional equipment, reconstruction, modernization, technical re-equipment of depreciable property intended and used for the implementation of investment projects by residents of territorial development zones in accordance with the Federal Law "On Territorial Development Zones in the Russian Federation and on Amendments to Certain legislative acts Russian Federation".

3. The grounds for obtaining an investment tax credit must be documented by the organization concerned.

4. An investment tax credit is provided on the basis of an organization's application and is drawn up by an agreement in the established form between the relevant authorized body and this organization. In this application, the organization assumes an obligation to pay interest accrued on the amount of debt in accordance with this chapter.

(see text in previous edition)

The form of an investment tax credit agreement is established by the authorized body that makes a decision on granting an investment tax credit.

(see text in previous edition)

(see text in previous edition)

5. The decision to grant an investment tax credit to an organization is made by the authorized body in agreement with the financial authorities in accordance with Article 63 of this Code within 30 days from the date of receipt of the application. The fact that an organization has one or more agreements on investment tax credit cannot serve as an obstacle to concluding another agreement on investment tax credit with this organization on other grounds.

(see text in previous edition)

In the absence of the circumstances specified in paragraph 1 of Article 62 of this Code, the authorized body is not entitled to refuse to provide an interested person with an investment tax credit on the grounds specified in subparagraph 6 of paragraph 1 of this Article, within the amount of expenses of this person for capital investments in the acquisition, creation , additional equipment, reconstruction, modernization, technical re-equipment of depreciable property intended and used for the implementation of investment projects by residents of territorial development zones in accordance with the Federal Law "On Territorial Development Zones in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation", for a period specified in the application of the interested person, subject to the restrictions established by Article 66 of this Code.

6. An agreement on an investment tax credit should provide for the procedure for reducing payments for the relevant tax, the amount of the loan (indicating the tax for which the organization was granted an investment tax credit), the term of the agreement, interest accrued on the loan amount, the procedure for repaying the loan amount on time, not exceeding the period for which, in accordance with the agreement, an investment tax credit is granted, the procedure and maturity of accrued interest, an indication of the method of securing obligations, the responsibility of the parties. If an investment tax credit is granted on the security of property, an agreement on the pledge of property is concluded in the manner prescribed by

1. An investment tax credit is such a change in the tax payment deadline, in which an organization, if there are grounds specified in Article 67 of this Code, is given the opportunity to reduce its tax payments within a certain period and within certain limits, followed by a phased payment of the loan amount and accrued percent.

An investment tax credit can be granted on corporate income tax, as well as on regional and local taxes.

The paragraph is invalid. - Federal Law of July 29, 2004 N 95-FZ.

An investment tax credit can be granted for a period of one to five years.

An investment tax credit may be granted for a period of up to ten years on the grounds specified in subparagraph 6 of paragraph 1 of Article 67 of this Code.

2. An organization that has received an investment tax credit shall have the right to reduce its respective tax payments during the term of the investment tax credit agreement.

The reduction is made for each payment of the relevant tax, for which an investment tax credit is granted, for each reporting period until the amount not paid by the organization as a result of all such reductions (the accumulated credit amount) becomes equal to the credit amount provided for by the relevant agreement. The specific procedure for reducing tax payments is determined by the concluded agreement on investment tax credit.

If an organization has entered into more than one investment tax credit agreement that has not expired by the time of the next tax payment, the accumulated credit amount is determined separately for each of these agreements. At the same time, the increase in the accumulated loan amount is made first in relation to the first contract by the term, and when this accumulated loan amount reaches the amount provided for by the specified agreement, the organization may increase the accumulated loan amount under the next agreement.

3. In each reporting period (irrespective of the number of investment tax credit agreements), the amounts by which tax payments are reduced cannot exceed 50 percent of the amounts of the corresponding tax payments determined by general rules without taking into account the existence of agreements on investment tax credit. At the same time, the amount of credit accumulated during the tax period cannot exceed 50 percent of the amount of tax payable by the organization for this tax period. If the accumulated amount of the loan exceeds the limits by which the tax reduction established by this paragraph is allowed for such a reporting period, then the difference between this amount and the maximum allowable amount is transferred to the next reporting period. The provisions of this paragraph shall apply, unless otherwise provided by an investment tax credit agreement concluded on the grounds specified in subparagraph 6 of paragraph 1 of Article 67 of this Code.

If the organization had losses based on the results of individual reporting periods during the tax period or losses based on the results of the entire tax period, the excessively accumulated credit amount following the results of the tax period is transferred to the next tax period and is recognized as the accumulated credit amount in the first reporting period of the new tax period.

1. An investment tax credit is such a change in the tax payment deadline, in which an organization, if there are grounds specified in Article 67 of this Code, is given the opportunity to reduce its tax payments within a certain period and within certain limits, followed by a phased payment of the loan amount and accrued percent.

An investment tax credit can be granted on corporate income tax, as well as on regional and local taxes.

The third paragraph is no longer valid.

An investment tax credit can be granted for a period of one to five years.

An investment tax credit may be granted for a period of up to ten years on the grounds specified in subparagraph 6 of paragraph 1 of Article 67 of this Code.

2. An organization that has received an investment tax credit shall have the right to reduce its respective tax payments during the term of the investment tax credit agreement.

The reduction is made for each payment of the relevant tax, for which an investment tax credit is granted, for each reporting period until the amount not paid by the organization as a result of all such reductions (the accumulated credit amount) becomes equal to the credit amount provided for by the relevant agreement. The specific procedure for reducing tax payments is determined by the concluded agreement on investment tax credit.

If an organization has entered into more than one investment tax credit agreement that has not expired by the time of the next tax payment, the accumulated credit amount is determined separately for each of these agreements. At the same time, the increase in the accumulated loan amount is made first in relation to the first contract by the term, and when this accumulated loan amount reaches the amount provided for by the specified agreement, the organization may increase the accumulated loan amount under the next agreement.

3. In each reporting period (irrespective of the number of investment tax credit agreements), the amounts by which tax payments are reduced may not exceed 50 percent of the corresponding tax payments determined in accordance with general rules without taking into account the existence of investment tax credit agreements. At the same time, the amount of credit accumulated during the tax period cannot exceed 50 percent of the amount of tax payable by the organization for this tax period. If the accumulated amount of the loan exceeds the limits by which the tax reduction established by this paragraph is allowed for such a reporting period, then the difference between this amount and the maximum allowable amount is transferred to the next reporting period. The provisions of this paragraph shall apply, unless otherwise provided by an investment tax credit agreement concluded on the grounds specified in subparagraph 6 of paragraph 1 of Article 67 of this Code.

If the organization had losses based on the results of individual reporting periods during the tax period or losses based on the results of the entire tax period, the excessively accumulated credit amount following the results of the tax period is transferred to the next tax period and is recognized as the accumulated credit amount in the first reporting period of the new tax period.

Commentary on Art. 66 Tax Code of the Russian Federation

Article 66 of the Tax Code of the Russian Federation defines such a form of changing the tax payment deadline as an investment tax credit.

An investment tax credit is such a change in the tax payment deadline in which an organization, if there are grounds specified in Art. 67 of the Tax Code of the Russian Federation, it is possible, within a certain period and within certain limits, to reduce your tax payments, followed by a phased payment of the loan amount and accrued interest. Thus, the investment tax credit is granted:

1) only to organizations;

2) an investment tax credit may be granted to an organization that is a taxpayer of the relevant tax, if at least one of the following grounds exists:

- carrying out by this organization of research or development work or technical re-equipment of its own production, including those aimed at creating jobs for the disabled or protecting the environment from pollution by industrial waste and (or) improving the energy efficiency of the production of goods, performing work, providing services (clause 1 clause 1 article 67 of the Tax Code of the Russian Federation).

In the event that an interested person applies for an investment tax credit on the grounds specified in paragraphs. 1 p. 1 art. 67 of the Tax Code of the Russian Federation, the following documents are submitted:

b) documents confirming the fact of acquisition and the cost of the equipment acquired by the organization, used exclusively for the purposes listed in paragraphs. 1 p. 1 art. 67 of the Tax Code of the Russian Federation;

c) a business plan for an investment project (clause 5 of the Procedure for changing the deadline for paying taxes and fees, as well as penalties and fines by tax authorities, approved by Order of the Federal Tax Service of Russia dated September 28, 2010 N ММВ-7-8 / [email protected]“On Approval of the Procedure for Changing the Deadline for Payment of Taxes and Fees, as well as Interest and Fines by Tax Authorities” (hereinafter referred to as the Procedure for Changing the Deadlines for Payment of Taxes and Fees, as well as Interests and Fines by Tax Authorities);

- the implementation by this organization of implementation or innovation activities, including the creation of new or improvement of applied technologies, the creation of new types of raw materials or materials (clause 2, clause 1, article 67 of the Tax Code of the Russian Federation).

In the event that an interested person applies for an investment tax credit on the grounds specified in paragraphs. 2 p. 1 art. 67 of the Tax Code of the Russian Federation, the following documents are submitted:

a) documents confirming the existence of an appropriate basis for obtaining an investment tax credit;

b) a business plan for an investment project (clause 6 of the Procedure for changing the deadline for paying taxes and fees, as well as penalties and fines by tax authorities);

- the fulfillment by this organization of a particularly important order for the socio-economic development of the region or the provision by it of especially important services to the population (clause 3, clause 1, article 67 of the Tax Code of the Russian Federation).

In the event that an interested person applies for an investment tax credit on the grounds specified in paragraphs. 3 p. 1 art. 67 of the Tax Code of the Russian Federation, the following documents are submitted:

a) documents confirming the existence of an appropriate basis for obtaining an investment tax credit;

b) a certificate on the fulfillment of a particularly important order for the socio-economic development of the region or the provision by an organization of especially important services to the population, issued by the authorized body of a constituent entity of the Russian Federation (clause 7 of the Procedure for changing the deadline for paying taxes and fees, as well as penalties and fines by tax authorities);

— fulfillment by the organization of the state defense order — state defense order — tasks established by a regulatory legal act of the Government of the Russian Federation for the supply of goods, performance of work, provision of services for federal needs in order to ensure the defense and security of the Russian Federation, as well as the supply of products in the field of military-technical cooperation of the Russian Federation with foreign states in accordance with the international obligations of the Russian Federation (clause 4, clause 1, article 67 of the Tax Code of the Russian Federation).

If an interested person applies for an investment tax credit on the grounds specified in paragraphs. 4 p. 1 art. 67 of the Tax Code of the Russian Federation, the following documents are submitted:

a) documents confirming the existence of the specified grounds for obtaining an investment tax credit;

b) a certificate on the fulfillment of the state defense order, issued by the state authority authorized in the field of ensuring the fulfillment of the state defense order (clause 8 of the Procedure for changing the deadline for paying taxes and fees, as well as penalties and fines by tax authorities);

- the implementation by this organization of investments in the creation of facilities with the highest energy efficiency class, including apartment buildings, and (or) related to renewable energy sources and (or) to objects for the production of thermal energy, electric energy, with an efficiency factor of more than 57%, and (or) other objects, technologies with high energy efficiency, in accordance with the List approved by Decree of the Government of the Russian Federation of July 29, 2013 N 637 "On approval of the List of objects and technologies that are related to objects of high energy efficiency in depending on the technologies and technical solutions used and regardless of the characteristics of the facilities, the implementation of investments in the creation of which is the basis for the provision of an investment tax credit, and the List of facilities and technologies that are classified as high energy efficiency facilities based on the compliance of the facilities established values ​​of the energy efficiency indicator, the implementation of investments in the creation of which is the basis for the provision of an investment tax credit" (para. 5 p. 1 art. 67 of the Tax Code of the Russian Federation).

In the event that an interested person applies for an investment tax credit on the grounds specified in paragraphs. 5 p. 1 art. 67 of the Tax Code of the Russian Federation, the following documents are submitted:

a) documents confirming the existence of an appropriate basis for obtaining an investment tax credit;

b) a business plan for an investment project (clause 9 of the Procedure for changing the deadline for paying taxes and fees, as well as penalties and fines by tax authorities);

– inclusion of this organization in the register of residents of the territorial development zone in accordance with federal law dated December 3, 2011 N 392-FZ “On zones of territorial development in the Russian Federation and on amendments to certain legislative acts of the Russian Federation”. Wherein investment loan provided for up to 10 years (clause 6, clause 1, article 67 of the Tax Code of the Russian Federation, paragraph 5, clause 1, article 66 of the Tax Code of the Russian Federation).

In the event that an interested person applies for an investment tax credit on the grounds specified in paragraphs. 6 p. 1 art. 67 of the Tax Code of the Russian Federation, the following documents are submitted:

a) documents confirming the existence of an appropriate basis for obtaining an investment tax credit;

b) a business plan for an investment project (clause 9.1 of the Procedure for changing the deadline for paying taxes and fees, as well as penalties and fines by tax authorities).

Documents confirming the existence of one of the grounds for obtaining an investment tax credit, and the corresponding business plan cannot be used to conclude agreements on an investment tax credit on other grounds (clause 10 of the Procedure for changing the deadline for paying taxes and fees, as well as penalties and fines by tax authorities authorities);

3) investment tax credit can be granted:

on tax on profit (income) of organizations;

for regional taxes;

for local taxes;

4) an investment tax credit may be granted for a period of one to five years. And if this organization is included in the register of residents of the territorial development zone in accordance with the Federal Law of December 3, 2011 N 392-FZ "On territorial development zones in the Russian Federation and on amendments to certain legislative acts of the Russian Federation" - up to 10 years (paragraph 4, paragraph 1, article 66 of the Tax Code of the Russian Federation, paragraph 5, paragraph 1, article 66 of the Tax Code of the Russian Federation);

5) the decision to provide an investment tax credit is made by the authorized bodies specified in Art. 63 of the Tax Code of the Russian Federation.

Provision of an investment tax credit upon payment of a fee in Art. 66 of the Tax Code of the Russian Federation is not provided.

An organization that has received an investment tax credit is entitled to reduce its payments on the relevant tax during the term of the investment tax credit agreement. At the same time, the organization may not exercise this right or exercise this right partially.

The specific procedure for reducing tax payments is determined by the concluded agreement on investment tax credit. The form of the investment tax credit agreement was approved by the Order of the Federal Tax Service dated November 29, 2005 N SAE-3-19 / [email protected]

Such an agreement enters into force on the day specified in this agreement, if the date of its entry is not determined - from the moment the agreement is concluded: the agreement is considered concluded from the moment the parties reach agreement on all its essential terms and give the agreement the established form (Article 432 - 434 Civil Code RF).

The reduction is done:

for each payment of the relevant tax for which an investment tax credit has been granted;

for each reporting period;

until the accumulated loan amount becomes equal to the loan amount stipulated by the relevant agreement.

However, the accumulated credit is the total amount unpaid by the entity as a result of all such reductions resulting from the investment tax credit.

If an organization has concluded more than one investment tax credit agreement (they may be concluded either for one tax or for several types of taxes), the validity of which has not expired by the time of the next tax payment, the accumulated credit amount is determined separately for each of these agreements.

At the same time, the accumulated amount of the tax credit is increased (if there are several agreements on investment tax credit) in a certain sequence:

the increase in the accumulated amount of the loan is made first on the first of the concluded agreements on investment tax credit. In this case, we mean the contract that entered into force before all the others;

after the accumulated loan amount equals (reaches) the amount of the loan specified in the investment tax credit agreement concluded earlier than other such agreements, you can increase the accumulated loan amount according to the following (based on the date of conclusion of the agreement and the period of its entry into force ) contract.

The amounts by which tax payments are reduced cannot exceed 50 percent of the corresponding tax payments determined according to general rules without taking into account the existence of investment tax credit agreements (that is, the amount of tax that the organization would have to pay if it had not an investment tax credit has been granted), in any case:

in each reporting period (the reporting period refers to the type of tax for which the investment tax credit is granted);

regardless of the number of investment tax credit agreements (for this type of tax).

At the same time, the accumulated amount of the loan during the tax period cannot exceed 50% of the amount of tax payable by the organization for this tax period. If it exceeds the limits (by which the tax reduction established by this paragraph is allowed for such a reporting period), then the difference between this and the maximum allowable amount is transferred to the next reporting period. At the same time, this provision shall apply unless otherwise provided by the investment tax credit agreement concluded on the basis specified in paragraphs. 6 p. 1 art. 67 of the Tax Code of the Russian Federation.

A tax period is understood to mean a calendar year or other period of time in relation to individual taxes, after which the tax base is determined and the amount of tax payable is calculated. The tax period may consist of one or more reporting periods, following which advance payments are made (Article 55 of the Tax Code of the Russian Federation).

The excessively accumulated loan amount (formed at the end of the tax period) is transferred to the next tax period and is recognized as the accumulated loan amount in the first reporting period of the new tax period if the organization had:

losses based on the results of individual reporting periods during the tax period (for example, within two months of the 1st quarter);

or losses following the results of the entire tax period (regardless of the fact that there were no such losses for some reporting period).

Tax Code of the Russian Federation, it is possible, within a certain period and within certain limits, to reduce your tax payments, followed by a phased payment of the loan amount and accrued interest.

An investment tax credit is a type of deferred tax payments and is the closest institution of tax legislation to civil law regulation.

An investment tax credit is formalized by an agreement, which includes:

property obligations of the parties;

guarantees of their performance;

· Responsibility for non-fulfillment of financial and civil obligations.

As can be seen from the definition, the investment tax credit is granted only to organizations.

An investment tax credit can be granted on corporate income tax, as well as on regional and local taxes.

An investment tax credit can be granted for a period of one to five years.

An organization that has received an investment tax credit is entitled to reduce its payments on the relevant tax during the term of the investment tax credit agreement.

The reduction is made for each payment of the relevant tax for which an investment tax credit is granted, for each until the amount not paid by the organization as a result of all such reductions (the accumulated credit amount) becomes equal to the credit amount provided for by the relevant agreement.

The specific procedure for reducing tax payments is determined by the concluded agreement on investment tax credit.

At the same time, payments may be reduced by no more than 50 percent of the amount of tax determined according to general rules without taking into account the existence of investment tax credit agreements in each reporting period (regardless of the number of investment tax credit agreements). At the same time, the amount of credit accumulated during the tax period cannot exceed 50 percent of the amount of tax payable by the organization for this period. If the accumulated loan amount exceeds the maximum allowable tax reduction for such a reporting period, then the difference between this amount and the maximum allowable amount is carried over to the next reporting period.

If the organization had losses based on the results of individual reporting periods during the tax period or losses based on the results of the entire tax period, the excessively accumulated credit amount following the results of the tax period is transferred to the next tax period and is recognized as the accumulated credit amount in the first reporting period of the new tax period.

If an organization has entered into more than one investment tax credit agreement that has not expired by the time of the next tax payment, the accumulated credit amount is determined separately for each of these agreements. At the same time, the increase in the accumulated loan amount is made first in relation to the first contract by the term, and when this accumulated loan amount reaches the amount provided for by the specified agreement, the organization may increase the accumulated loan amount under the next agreement.

The provision of an investment tax credit for the payment of the fee is not provided.

Tax authorities the right to demand from taxpayers:

Compliance with both tax legislation in general and the specific terms of the investment agreement;

Timely and correct payment of taxes under the investment agreement;

Providing documents confirming the right to these benefits;

Explanations of representatives of the taxpayer and financial authorities carrying out inspections (including counter ones);

Compliance by subjects of tax and investment relations with the requirements of legislation on investment tax credit.

The procedure for granting an investment tax credit

Article 67 of the Tax Code of the Russian Federation includes specific elements of an investment tax credit agreement, which confirms the public law property nature of this agreement. By analogy with the Civil Code of the Russian Federation, the following essential conditions of this agreement can be named:

Loan amount with tax indication;

Contract time;

Interest accrued on the loan amount;

The procedure for repayment of the loan amount and accrued interest;

Documents on property that is the subject of pledge, or a surety;

Responsibility of the parties;

Conditions for granting an investment tax credit (during the term of its validity, the sale or transfer to possession, use or disposal of equipment or other property to other persons is not allowed).

Normative legal acts of representative bodies of local self-government may establish other conditions and grounds for granting an investment tax credit for local taxes of the Tax Code of the Russian Federation).

Such conditions may relate to the duration of the investment tax credit, as well as interest rate for the loan amount.

Learn more about questions related to legal regulation deferrals, installments, investment tax credit; the conditions for their provision, as well as the procedure for registration, you can find in the book of the authors of CJSC "BKR-INTERCOM-AUDIT" "Deferral, installment plan, investment tax credit: procedure for registration, conditions for provision."

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This is determined both by the objective laws of the economy and by the subjective actions of the company's management in organizing business. The norms of the Tax Code of the Russian Federation provide for these periods.

Depending on the dynamics of the development of the enterprise, there are 4 forms that change the deadline for paying taxes on profits to the budgets of all levels, namely:

• deferred payment of income tax;
• installment of the full amount of tax;
• tax credit;
• investment tax credit.

The first three forms are provided in cases of deterioration of the solvency of a legal entity as a taxpayer and are provided for a period of 1 month to 1 year (deferment and installment plan is provided for a period of 1-6 months, and tax - 3-12 months).

But if the enterprise, on the contrary, expands its activities, introduces some investment project in order to get more profit, create new jobs, improve the infrastructure of the region, which in the future will bring large deductions to the budgets different levels(municipal, regional), then he can be granted an investment tax credit.

The essence of this service

Investment tax credit can only be granted to legal entities, enterprises and organizations, and is regulated by the regulations.

At its core, such a preference for an enterprise means a statutory opportunity to pay part of the income tax at a later period.

Deferral of tax payments to the budgets of all levels is granted for a period of 12 to 60 months.

In addition, the deferment under the investment agreement for the provision of a tax loan can be extended up to 10 years in cases provided for by subparagraph 6, paragraph 1, article 67 of the Tax Code of the Russian Federation.

An investment tax credit may be granted for a period of up to ten years on the grounds specified in subparagraph 6 of paragraph 1 of Article 67 of this Code.

With the currently existing refinancing rate of the Central Bank of Russia at 11%, in Grace period the interest for using the loan is calculated at the rate of not less than ½ and not more than ¾ of the rate of this indicator.

This means that, for example, with a maximum delay of 5 years, the company pays all these years for the use of borrowed funds from 5.5% to 8.25% per annum.

But this does not mean that the company is exempt from paying the rest of the income tax. In future periods, the legal entity will be required to pay the entire amount of accrued interest, as well as the body of the loan itself and the full amount of income tax, in stages.

Grounds for registration

The basis for issuing an investment tax loan is the application of an enterprise or organization. The application is considered by the financial authority of the region of the Russian Federation in whose territory the legal entity is registered.

If the decision is positive, an appropriate contract is drawn up, a sample of which can be viewed in the attached file.

The form of the document is developed by the executive authority of the region, usually the Department of Economic Development. This body issues a resolution on granting or not granting this preference to the enterprise.

In order to be able to objectively consider the application of the enterprise, it needs to provide the following documents:

1. Enterprise statement.
2. Documented substantiated essence of the investment project (business plan).
3. Calculations of the timing of the implementation of the project and an indication of the income items with which the investment tax loan will be repaid.
4. Certificate with the calculation of the amount of deductions for which preference is possible, certified by the tax service.
5. Full balance of the company's activities for the previous year with the provision of a profit and loss statement.
6. Documents proving the ownership of the enterprise on the provided collateral, or receipts of guarantors.
7. A certificate certified by the tax inspectorate on the absence of enterprise debts for paying taxes to the budgets of all levels.
8. All constituent documents of the enterprise (notarized copies of them), which prove the legitimacy of its activities.
9. Calculation of the economic effect from the implementation of the investment project.

Procedure and conditions for granting an investment tax credit

Based on Article 67 of the Tax Code of the Russian Federation, this service is provided to enterprises or organizations that are taxpayers if they carry out at least one of the following activities:

1. The company is campaigning for technical re-equipment and modernization of its own production, carries out research work, develops experimental design tasks. The result of this is, among other things, the improvement of environmental performance, the reduction of harmful emissions into the environment, the disposal of industrial waste, the provision of new jobs, including for people with special needs, etc.
2. Borrowed funds allow to carry out the work of such activities, as a result of which innovative technologies production (or those already being introduced are being improved), new types of costly materials and raw materials will be developed to reduce the cost of production costs, and hence increase profits, etc.
3. The organization fulfills a particularly important state order of the Ministry of Defense or the task of municipal authorities to develop the socio-economic indicators of the region, improve its infrastructure, as well as work to provide services to the population that improve their quality of life, etc.

The amount of deductions to the budget subject to reduction under this preference cannot be more than 50% of its total amount.

If an enterprise has several investment projects for which tax incentives are provided, and the accumulated part exceeds the 50% threshold, then the difference from the mandatory payment is transferred to the next taxable period.

The enterprise has the right to reduce the tax in accordance with the agreement during the entire period of implementation of the investment project. If the company has received losses during the period of the activities outlined by the business plan, then in this case the accumulated loan amount, over 50%, subject to preferential taxation, is carried over to the next period and taken into account when profit is recorded.

On the same conditions provide investment tax. Thus, the state aims to develop small business. After all, up to 30% of the country's GDP falls on the share of budget revenues from small businesses.

But even if the activities of a small enterprise fully comply with the conditions for granting a tax benefit, it will not have property for collateral or guarantors have not been found, such an investment loan cannot be issued.

This also applies to budgetary organizations that are not profitable enterprises. Therefore, they cannot a priori issue benefits for deductions from profits.

Delay time

A tax credit is a change in the tax payment deadline for a period of 12 to 60 months.

However, the benefit may be terminated before the expiration of the provided period for the following reasons:

• if the entire due amount of deductions to the regional budget and interest on the loan has been paid before the termination of the agreement;
• if the conditions specified in the contract for the provision of this service are violated;

The conditions for making a decision to grant an investment tax loan, as well as the criteria for terminating it, are clearly presented in the following table:

Calculation example

Let's look at the practical rationale for applying an investment tax loan using the example of one of the bakeries in the region. In order to meet the growing needs of the population in bakery products, as well as to improve the quality of manufactured products, the plant decided to expand its production and modernize and automate the bread baking line.

To do this, it is necessary to attract borrowed funds in the amount of 7400 thousand rubles, which the company carried out at 24% per annum. The term for granting a loan by the bank was 2 years from the start of the implementation of the investment project.

Available conditions:

The bank demanded to repay the loan within six months with quarterly interest payments. Therefore, the management of the plant applies to the Department of Economic Development of the region with an application for granting him benefits on deductions from profits to the municipal budget for a period of 18 months.

Calculation of changes provided to the Department of Economic Development financial condition enterprises from the implementation of the project:

Further, the calculation of the effectiveness of the implementation of the project for the regional budget is provided. Those. the answer to the question is given: how will the amount of revenues to the budget deductions from the enterprise change? What effect will the implementation of the project and the cost of modernizing production have for regional development?

What is fraught with an investment tax loan

If the enterprise violates the terms of the agreement concluded for the accrual of benefits on deductions to income, the following sanctions are imposed on it:

1. If a preferential loan is taken for the purchase of equipment and the terms of the contract are violated, the unpaid amount of tax for the entire period before its termination must be paid within a month in full. In addition, all fines and fines accrued for each day should be paid, as if it were.
2. In other cases, within three months, the unpaid tax and accrued interest for this amount for each day of using the benefit should be reimbursed based on the currently established refinancing rate of the Central Bank of the Russian Federation.

It is a forced collection of a monetary debt from the settlement account of an enterprise. This collection is carried out by decision of the tax organization no later than 2 months after the presentation of the demand for payment of tax.

If, for some good reason, the tax organization was unable to issue such a requirement within the prescribed period, then by contacting the courts, this period can be restored.

In case of insufficiency Money on the current account of the enterprise, the collection can be levied by selling the owned legal entity property.

Increasing the financial potential of the enterprise is provided for by benefits on profits from the implementation of the investment project, and lowering tax rate up to 30% of profit. Thus, both the state and the enterprise, as if in equity participation, finance the technical revolution in industry.

But for the time being, it is not possible to overcome the investment lull, despite the benefits provided for in the tax legislation. Benefits are only legally operating enterprises that have a transparent conduct of their business.

After all, obtaining such a benefit implies observation tax office for the production and economic activities of the enterprise, regular inspections. Summing up the above, it is worth saying that this procedure for concluding an investment agreement with preferential accrual of income tax implies not only the benefit of the enterprise, but also the state as a whole.