Applying the general taxation regime, as well as in certain cases, organizations on special tax regimes. Let's see what the income tax rate is today.
Corporate income tax in 2019 in most cases is calculated at the basic rate of 20% (clause 1, article 284 of the Tax Code of the Russian Federation). Tax payments in 2019-2024 distributed among the budgets as follows:
At the same time, the rate of corporate income tax for 2019, to be credited to the budget of a constituent entity of the Russian Federation, by regional legislative act may be reduced.
For certain types of income, other income tax rates are established. How many percent they make up and in what cases they are used, is indicated in the table below.
Type of income | Income tax: rate 2019 |
---|---|
Dividends received Russian organization from Russian or foreign organizations (paragraphs 1.2, paragraph 3 of the Tax Code of the Russian Federation) | 13%, but in certain cases - 0%. |
Interest on a number of state and municipal valuable papers(clause 1 clause 4 article 284 of the Tax Code of the Russian Federation) | 15% |
The tax base of organizations that conduct medical or educational activities (except for income in the form of dividends and from transactions with certain debt obligations) (clauses 1.1, 3, 4 of article 284, article 284.1 of the Tax Code of the Russian Federation) | 0% |
Tax base for transactions related to the sale of shares in the authorized capital under certain conditions (clause 4.1 of article 284 of the Tax Code of the Russian Federation) | 0% |
Above are not all types of income for which corporate income tax must be calculated at a rate different from the main one. Other cases can be found in Art. 284 of the Tax Code of the Russian Federation.
The amount of income tax in 2019, as before, is determined as the product of the tax base and the corresponding rate (clause 1, article 286 of the Tax Code of the Russian Federation).
progressive scale taxation involves the application of a higher rate for larger amounts of income. That is, the higher the person's income, the higher the rate at which tax must be calculated from him.
So the corporate income tax rate is fixed and does not depend on the amount of income received. Therefore, it is impossible to consider corporate income tax as “progressive” from this point of view.
The calculation of income tax in 2020 is one of the most difficult accounting operations. Using an example, we will show how to calculate income tax, give the formula, the current rate and the accrual method.
Corporate income tax is paid on income reduced by the amount of expenses. Firms are required to pay a percentage of their profits to the budget. Unless they apply special regimes: USN, UTII, ESHN. Or they do not conduct a gambling business. Special taxation exempt legal entities from income tax. Let's figure out how to calculate income tax in 2020 (a calculation example is for LLCs that apply the general tax regime).
The payers are:
Do not pay:
Before you figure out how income tax is calculated, you need to find out its size. The general rate is equal to 20% of the profit. Of these, in 2016, 2% received the federal budget, 18% - the regional. However, on December 28, 2016, the order of the Federal Tax Service of the Russian Federation N MMV-7-3 / [email protected] October 19, 2016, which introduced a new declaration form and changed the distribution of interest between budgets. In 2020, 3% will go to the federal treasury, 17% to the regional one. At the local level, the authorities can lower the tax rate, but only in the part that will go to local budget: 3% added on top. The rate in the subject of the Russian Federation cannot be lower than 13.5%. Together with payments going to the federal budget, now the lower threshold is 16.5% (13.5 + 3) - it has increased compared to 2016.
In Moscow, at a rate of 13.5%, they pay separate categories taxpayers who:
In St. Petersburg, 13.5% of profits are paid only by residents of the special economic zone who operate in its territory.
In most regions, the rate has been lowered for at least some types of activities. how to calculate income tax
In addition to the main, there are special rates. Profit tax at such rates is fully directed to the federal budget.
They are used for enterprises with a certain status or for special types income:
Example. Your organization is on DOS and received an income for the calendar year of 4,500,000 rubles. At the same time, she incurred expenses for 2,700,000 rubles.
Your profit: 4,500,000 - 2,700,000 = 1,800,000 rubles.
From the amount of 1,800,000 and you need to pay. See next, how to calculate income tax using an example.
If the regional rate in your area is the main one and is equal to 18%, then at the end of the year you will pay:
If a reduced rate of 13.5% is applied in the region, then the calculation is as follows:
The example shows that the amount for the federal budget does not change - 3% of income in any case goes there.
Income tax is paid in advance payments every month or quarter, and then at the end of the year. Those companies whose sales revenues do not exceed 15 million rubles per quarter over the previous 4 quarters are entitled to transfer advances quarterly in 2020. The rest of the legal entities pay advances monthly. How to calculate income tax advances, we described in a separate article. Quarterly advances are calculated from actual income, and monthly advances are calculated from the estimated (based on data for the previous quarter).
Income - your revenue from the main activity (sales, services or work) and from additional sources (bank interest, renting out property). Income when calculating income tax is taken into account without VAT and excises, is confirmed by: invoices, payment orders, entries in the book of income and expenses, accounting registers.
Expenses are confirmed and justified expenses of the company. They are associated with production activities:
But there are also not related to production:
Accountants are attentive to papers that confirm income tax expenses, since it is possible to reduce income on expenses only if the following conditions are met:
At the same time, there is a list of costs that cannot be taken into account when reducing the base.
Subtracted from income:
For a list of expenses that do not reduce income, see article 270 of the Tax Code of the Russian Federation. It:
The moment of recognition is the period of time in which income or expenses are recognized in income tax accounting. There are two such moments. They depend on the method of recognition of income and expenses:
The company chooses one of the methods, and by December 31 (without waiting for the start of the next tax period) reports territorial authority The Federal Tax Service of Russia about his choice.
When applying the methods, firms take into account amounts at different points in time. Let's take a look at the nuances.
The cash method assumes that:
Accrual method:
Hummingbird LLC issued an invoice for the office rent in March, but payment was made only in June. Under the cash method, the accountant of Hummingbird LLC reflects the cost of renting an office in June - upon the fact of transferring money. In tax accounting, this expense is written off in the 2nd quarter. With the accrual method, the accountant of Hummingbird LLC takes into account the rental expense in March, when the company was supposed to pay it. In tax accounting, this expense is reflected in the first quarter.
The accrual method can be used by all enterprises. But the use of the cash method is limited:
What is the tax base if the firm suffers a loss?
Profit of the organization according to the rules tax accounting is never negative. Even if there is a loss at the end of the year, the tax base is recognized as equal to zero. The tax in this case is also zero. Tax accounting registers must confirm the correctness of the calculation of the tax base. It is mandatory to submit a declaration, even if the amount is zero.
Let's look at an example of income tax calculation for dummies to understand how the tax is calculated.
Hummingbird LLC produces and sells soft toys. Let's calculate the income tax that the company will pay for 2020 if:
Costs of Hummingbird LLC in 2020:
Since income is considered excluding VAT, it will amount to 1,000,000 rubles at a VAT rate of 20%. And 200,000 rubles is the amount of VAT that the LLC will transfer to the state. Amounts on loans are not subject to income tax, they are simply not included in tax base according to paragraphs. 10 p. 1 Art. 251 Tax Code of the Russian Federation. Therefore, 500,000 rubles of a loan are not considered income.
Then the profit of Hummingbird LLC in 2020:
That's income minus expenses minus last year's loss.
The tax payable is calculated according to the formula:
Of which:
go to the budget of the Russian Federation;
go to the budget of the region.
You can also automatically calculate taxes in convenient application, you do not need to monitor the rate changes, the service is updated automatically, taking into account recent changes legislation. The program will warn about the deadlines for filing reports and paying taxes, tell you what and how to do.
A calculator will help a novice businessman decide which taxation scheme is more profitable to use. Using an online calculator will save accountants and managers from the hassle of calculating sum of money payable. Enter the data in the rows and watch the result on the screen.
The last day is approaching when organizations need to apply tax return for income tax for 2014 - March 30. At the end of last year, the Federal Tax Service of Russia approved a new document form, amending some sheets and adding new ones (; hereinafter - the Order). Let's figure out which sheets of the tax return have been affected by the changes and what information the tax authorities are now asking for.
Sheet 02 "Tax calculation"
First of all, a new taxpayer attribute code has been added - "4". It is affixed if the declaration is filled out by an organization engaged in the production of hydrocarbon raw materials at new offshore fields (). Such a code will need to be put down not only on Sheet 02, but also on all annexes to it.
When putting down the code "4", it is necessary to indicate in a special field information about the existing license - series, number and type, as well as the serial number of the new offshore field. All other organizations that do not put down this code) do not need to fill in these fields - even if they carry out licensed activities ().
Significant changes also affected the procedure for calculating the tax base (line 100). So, now the final amount of the base can be corrected for the identified errors (distortions) that relate to previous tax periods and led to the excessive payment of tax. If, as a result of calculating the tax base, a negative indicator is obtained, this means that the organization has incurred losses. However, the resulting losses can be used to reduce the tax base for transactions with non-tradable securities and financial instruments urgent deals ().
Recall that new order calculation should already be applied to income/expenses received by the taxpayer in 2014 ( , ).
Another change affected lines 130 and 170 concerning distribution in regional budgets tax base and tax rate respectively. As a general rule, these lines are filled in by organizations for which the tax rate has been reduced in terms of amounts credited to the territorial budget. Until 2015, only resident organizations of special economic zones used this privilege. Now the tax rate can be reduced by the regions and for organizations participating in regional investment projects (). So, they will also be required to fill in these lines.
Annex No. 1 to Sheet 02 "Income from sales and non-operating income"
In connection with the amendments made to the Tax Code of the Russian Federation regarding the procedure for determining the tax base for transactions with securities and financial instruments of futures transactions, new lines have been added to the tax return, which must be filled in by professional participants in the securities market. We are talking about lines 020-024.
Line 020 reflects proceeds from the sale of securities received by professional participants in the securities market. Moreover, if the participant is a dealer, then, having indicated in this line the amount determined in accordance with the provisions of the Tax Code of the Russian Federation ( , ), Sheet 05 of the tax declaration "Calculation of the tax base for corporate income tax on operations, the financial results of which are taken into account in a special manner" it no longer fills. But for those who do not conduct dealer activities, this line should reflect the proceeds from only one type of securities, which is defined in accounting policy. Other types of securities are indicated in Sheet 05.
Lines 021 and 022 indicate the deviations of the proceeds actually received from the sale of securities from the minimum transaction price. The only difference is that line 021 is filled in when selling tradable securities, and line 022 is filled in when selling securities that are not traded on the organized market. If the selling prices are in the interval between the minimum and maximum transaction prices registered by the organizers of the auction, then these lines do not need to be filled.
Line 023 is intended to reflect proceeds from the sale and disposal (including redemption) of securities circulating on the organized market by non-professional market participants. To determine income (revenue), it is necessary to add to the sale price of the security the amount of accumulated interest income that was paid to the taxpayer by the buyer and the issuer. At the same time, the amounts of income previously taken into account for taxation under the new rules do not need to be reflected ().
Line 024 indicates the difference between the actual proceeds and the minimum transaction price in the event of the sale of a tradable security outside the organized market ().
The legislator introduced a small clarification to the line disclosing the composition of non-operating expenses (line 102). Thus, earlier this line indicated income in the form of the cost of materials (other property) received during the liquidation of fixed assets being decommissioned, as well as during repair, modernization, reconstruction, technical re-equipment and partial liquidation of fixed assets. Now, incomes have been added to the general list in the form of the cost of materials received during the dismantling and dismantling of the fixed asset.
Appendix No. 2 to Sheet 02 "Expenses related to production and sale, non-operating expenses and losses equated to non-operating expenses"
The main changes in this section also relate to the new procedure for accounting and recording securities. So, lines 072 and 073 appeared. The first line indicates the expenses received in the course of the acquisition or sale of securities circulating on the organized market. To calculate the amount of the expense, you need to add up the purchase price of the paper, the costs associated with its acquisition, the costs of selling, as well as the amount of accumulated interest income that the taxpayer must pay to the seller. In this case, as well as upon purchase, the amounts of interest income previously taken into account for taxation are not included in this calculation ( , ).
Line 073 is intended to reflect the difference between the actual costs incurred for the purchase of a security and the maximum transaction price on the organized securities market ( , ).
Also added is the ability to reflect the adjustment of the tax base of the reporting period in case of detection of errors related to previous tax periods, which led to the excessive payment of tax. You need to indicate them broken down by years in lines 400-403. Please note that this indicator does not include income and losses of previous years identified in the reporting period. They must be entered in line 101 of Appendix No. 1 to Sheet 02 and in line 301 of Appendix No. 2 to Sheet 02, respectively.
Annex No. 4 to Sheet 02 "Costs associated with production and sale, non-operating expenses and losses equated to non-operating expenses"
Changes in this section are also related to the procedure for accounting for securities. New lines 135 and 136 have appeared. They reflect the amount of losses on completed transactions with securities circulating on the organized market. This takes into account losses incurred before December 31, 2014 inclusive and not previously taken into account when determining the tax base. Line 135 is filled in in the declarations until the entire amount of the loss is transferred or until the expiration of their accounting in reducing the base, that is, until January 1, 2025 (). The balance of the uncarried loss should be reflected in line 136.
In connection with these changes, the interpretation of the final lines 150 and 160 was also added - lines 151 and 161 appeared. The first indicates the loss on transactions with transferable securities, which should not exceed 20% of the amount of loss on line 135.
The second, line 161, reflects the balance of the uncarried loss, which is calculated as the difference between lines 136 and 151. The amount received will need to be reflected in line 136 of the tax return for the next tax period.
Appendix No. 6a "Calculation of advance payments and tax to the budget of the subject Russian Federation by participant consolidated group taxpayers without its separate subdivisions and (or) its separate subdivisions" to Sheet 02
A number of significant indicators have been added to this application. So, line 032 appeared, in which it is necessary to indicate the average number of employees or staff costs, as well as line 033 to reflect the average residual value of depreciable property for each member of the consolidated group without separate divisions included in it and for each separate division.
In addition, line 034 has been added, in which it is necessary to reflect the arithmetic average of the share of the indicator of line 032 and the share of the indicator of line 033 for each participant without separate divisions included in it and for each separate division ().
EXAMPLE
The average number of employees of the branch for the year was 10 people, while the same indicator for the organization as a whole is 200 people.
The average residual value of depreciable property for a branch is 200 thousand rubles, and for an organization - 5 million rubles.
To fill in line 034 of Appendix No. 6a to Sheet 02 of the tax return, you must first calculate specific gravity employees and depreciable property attributable to the branch.
10 people / 200 people x 100 = 5%– share of employees by branch
200 thousand rubles / 5 million rubles x 100 = 4%– share of depreciable property by branch
(5% + 4%) / 2 = 4,5% (only a digit is indicated in the line, without the "%" sign).
Appendix No. 6b "Incomes and expenses of participants in a consolidated group of taxpayers who formed a consolidated tax base for the group as a whole" to Sheet 02
The application is new - it was not in the previous version of the declaration. It indicates income and expenses from sales, non-operating income and expenses, profits and losses from operations with securities and other indicators. The Rules for filling out a tax return () provide some control ratios.
So, for example, the sum of lines 020 and 021 of Appendix No. 6b (which reflect sales revenues and non-operating expenses) must correspond to the sum of lines 010 and 020 of Sheet 02, and the indicators for lines 030 and 031 of Appendix No. 6b (which reflect expenses from sales and non-operating expenses) should be similar to those in lines 030 and 040 of Sheet 02. The values of lines 050 of Appendix No. 6b (income excluded from profit) and 070 of Sheet 02 (income excluded from profit) should also be the same.
How to file income tax return for 2014
The order approving the new form of the tax return and the procedure for filling it out, as well as the format of submission, was officially published on December 30, 2014. There are no special provisions establishing a special procedure for the entry into force of the Order or its individual provisions.
As early as 2011, the Supreme Arbitration Court of the Russian Federation established that the new form of the tax declaration begins to be applied in respect of those tax (reporting) periods that end after the entry into force of the approving form normative act. The Court emphasized that in doing so, general rules entry into force of by-laws - after 10 days from the date of publication (). This means that the tax return new form must be submitted for tax (reporting) periods ending after January 10, 2015.
It is obvious that the declaration for the I quarter of 2015 (ends on March 31), and all subsequent periods, must be submitted in a new form. But what about the declaration for 2014?
The Federal Tax Service of Russia issued a letter clarifying this issue. The agency clarified that the taxpayer has the right, but is not required to submit a tax return for 2014 in the new form (). The letter was necessarily brought to the territorial tax inspections, which means that the employees of the inspection are not entitled to refuse to accept the declaration according to the old rules.
However, if the taxpayer did not have transactions for the purchase / sale of securities in the reporting year 2014, in respect of which many changes have come into force since 2015, then we recommend filing an income tax return using a new form. This will help to avoid not only possible difficulties during submission, but will also allow you to prepare for the formation of reporting for the first quarter of 2015, in which it will already be necessary to use the new form.
OOO on general mode: what is income tax, how to calculate it, the terms of payment and submission of the declaration.
So, dear readers, we finally got to the topic of organizations under the general taxation regime. We talked a lot about and. So, in the general regime, individual entrepreneurs and legal entities pay miscellaneous tax: Individual entrepreneurs pay, and legal entities pay income tax. That's what constitutes income tax today and will be discussed.
The name speaks for itself. This tax is mandatory for all legal entities, including foreign ones, that operate under the general taxation regime. It is calculated based on the amount of the company's profit: financial results the work of the organization is multiplied by the current rate.
Legal entities are exempted from income tax if they:
It turns out that for ordinary legal entities (those who are engaged in trade, transportation, construction, manufacturing, work in the service sector), if they have not switched to a special regime, income tax is on a par with the main taxes when doing business. Not everyone can get into the number of organizations related to the other three points - there are special requirements.
When calculating income tax, you should know that the object of taxation in this case is precisely profit. We understand perfectly well what profit is: it is income from which expenses have been deducted. There are important points here:
Important! In order for expenses to be taken into account when calculating tax, they must meet the requirements of economic feasibility, be aimed at obtaining and profit and be supported by documents. If at least one of these points is not met, the tax authority has the right to refuse to recognize such an expense for tax purposes. That is, the tax authority will remove these costs from the calculation, recalculate the tax base upwards and calculate the tax for surcharge.
Most often, the tax authorities recognize expenses as unreasonable due to unscrupulous contractors. when the organization has not exercised due diligence in its selection. How can you protect yourself and we have already written.
One of the innovations of 2019 is the permission to write off the payment for vouchers for their employees, both tourist and sanatorium-resort, as part of the expenses. What do you need to know here?
All expenses: for vouchers, sanatorium and medical treatment, contributions for voluntary personal insurance should not exceed 6% of total labor costs.
Another one important feature! Accounting for income and expenses involved in the calculation of income tax, you can use two methods: the accrual method or the cash method. It is impossible to combine them, for example, accounting for income by one method, and expenses by another, it is impossible. You can't jump from one method to another either. You choose only one method that is most suitable for you - for this it should be fixed as one of the provisions of the tax accounting policy.
What is the essence of the methods?
You can read more about these methods in Art. 271-273 of the Tax Code of the Russian Federation. The cash method on OSNO is entitled to apply only to those legal entities whose revenue (excluding VAT) in the previous 4 quarters did not exceed 1 million rubles. for each of the periods. Accordingly, since the application of this method is limited, the accrual method is still the main one.
The following formula is used to calculate the tax:
Income Tax = Base for Tax Calculation * Rate - Advance Payments
And now about each element of the formula in order.
The tax base in this case is the amount of the organization's profit, calculated as the difference between income and expenses. It should be taken into account that:
The standard income tax rate is set at 20%, and the distribution by budgets is such that 17% goes to the region, 3% - to the federal budget. For some persons, special rates may apply, you can read about them in Art. 284 of the Tax Code of the Russian Federation.
As with other taxes, income tax is paid not once a year, but is distributed throughout the year - advance payments are also paid on it. The process for paying advances for this tax can be different:
As a result, regardless of how the legal entity pays advances, the final tax calculation based on the results of the year is considered taking into account all advance payments made.
Here's an example: At the end of 2018, Pervy LLC had taxable income of 123 million rubles, and expenses reducing the tax base - 76 million rubles. It turns out that the profit for tax purposes in this case will be equal to 123 - 76 = 47 million rubles. The standard tax rate is used -twenty%. Tax at the end of the year = 47 * 20% = 9.4 million rubles.
Suppose that during the year the company has already transferred advance payments for 6.2 million rubles. Then the tax payable will be equal to 9.4 - 6.2 = 3.2 million rubles.
I'll start with what The tax period for any method of paying advances is a calendar year. But the reports may differ. For those who have quarterly advance payments (whether with monthly payments or not), the reporting periods are set to standard quarter, six months and 9 months. For those who pay advances every month on the fact of profit, the reporting periods will be a month, 2 months, 3 months, and so on until the end of the year.
All payments are due on the 28th. In more detail, then:
Legal entities on OSNO submit income tax returns to tax authorities. The frequency of its delivery depends on the order of payment of advances. For those who transfer advances by quarter, the declaration must be submitted 4 times - according to the results of each quarter of the year. For those who pay advances to the budget every month in fact, the declaration will have to be submitted as many as 12 times - from January to November and for the year.
The deadlines for filing a declaration are the same as for paying taxes. Reporting on the results of reporting periods is submitted before the 28th day of the month that began after the end of the period, and the declaration on the results of the year must be submitted before March 28th.
In this article, we have analyzed the main points regarding corporate income tax. In the following articles, we will dwell on each of the points in detail.