CONTENTS # 8/2020 OF THE JOURNAL “TAX POLICY AND PRACTICE”
State subsidies, budget investments: VAT treatment
As you know, taxpayers receive various types of subsidies and budget investments that are allocated by different Executive authorities. How legitimate is it to accept VAT as a deduction in the case of state funding, because there is a possibility of double compensation: the organization receives both a subsidy that compensates for the amount of tax, and a deduction of “input” VAT? Until recently, the norm on restoring VAT when receiving subsidies did not take into account many features: the type of source of budget funds, the type of subsidy and its economic purpose. Therefore, during 2018-2019 the legislation on taxes and fees in terms of VAT provisions for receiving subsidies was significantly clarified; the changes took place in several stages, with certain exceptions valid for a specific period. For more information, see the interview with A.V. Oparina, Deputy head of the Department of taxation of income of legal entities of the Federal tax service of Russia.
Events. Evidence. Comments
A personal account of the taxpayer: the new functionality
How do I get remote access to the personal account of an individual taxpayer? What functionality will appear in this online service in the near future? Will legal entities and individual entrepreneurs be able to send tax reports via their personal account? These and other questions were answered by the head of the interactive services Department of the Federal tax service of Russia, Yevgeny Gladyshev.
Implementation of the national product traceability system. Confirmation of the validity of applying the zero VAT rate
Speaker at webinar organized by the editorial Board of the journal “Tax policy and practice” together with company “Taxcom” was the head of in-house control of the FTS of Russia A. A. Dmitry. When will the product traceability system be implemented and to whom will it apply? Which items are subject to traceability? Does the introduction of a traceability system mean that the organization must necessarily keep batch records? The answers to these and other questions are in the material.
Current issues on the use of electronic signatures and electronic document management
The questions of Internet users specified in the webinar regarding the application of the new provisions of the Federal law of 06.04.2011 № 63-FZ “On electronic signature”, resulting from the amendments to the Federal law from 27.12.2019 No. 476-FZ (in edition of Federal law from 08.06.2020 No. 166-FZ), said the head of the Department electronic document management FNS of Russia F. V. Novikov.
Taxcom business Congress-online!
Leading speakers of the Federal tax service of Russia told about changes in reporting in 2020
Review of the latest regulations of the Federal tax service on
A detailed analysis of the innovations in property taxes contained in the orders of the Federal tax service of Russia issued in 2020 is given. In particular, we are talking about new forms and formats for notification of benefits, information about land, vehicles and their owners, etc.
Keywords: property tax, individuals, organizations, transport tax, land tax, benefits
Author: A.V. Lashchenov, head of the property taxation Department of the Federal tax service of Russia, state adviser of the Russian Federation, 3rd class, Ph. D., firstname.lastname@example.org
Current innovations of 2020 in the order of taxation of profit of organizations
A package of amendments to the corporate income tax adopted to compensate taxpayers for losses due to the pandemic is being considered, including: switching to quarterly advance payments; accounting for expenses related to the prevention and treatment of a new coronavirus infection; tax exemption for the second quarter of 2020.
Keywords: corporate income tax, new coronavirus infection, small and medium-sized businesses, exemption, non-taxable income, non-operating expenses
Author: K. V. Novoselov, state adviser of the Russian Federation, 2nd class, associate Professor Of the Department of tax policy and customs and tariff regulation of the Financial University under the Government of the Russian Federation, Ph. D., associate Professor, email@example.com
Ask — answer
About the need to use online sales registers in various situations
A. A. Sorokin, Deputy head of the operational control Department of the Federal tax service of Russia, answered the questions of taxpayers.
Taxes and law
Reduction of personal income tax penalties for tax agents: some issues of legal regulation
Practical trends in reducing tax penalties when tax agents are brought to tax responsibility are investigated. The circumstances that can be considered as mitigating responsibility have been identified. The conclusion is made about the variability of approaches of judicial authorities to the possibility of reducing tax sanctions and the need to take into account the principles of individualization of responsibility and punishment for offenses committed by tax agents.
Keywords: the tax to incomes of physical persons, the liability of withholding agent, extenuating circumstances
Author: A.V. Telegus, head of the Department of taxes and taxation of the Volga Institute for advanced training of the Federal tax service (Nizhny Novgorod), associate Professor, Ph. D. in Economics, firstname.lastname@example.org
Requirements for submission of documents (information): procedure, terms of execution, grounds for issuing and declaring illegal, consequences of non-performance. Ending
The deadline for submitting documents (information) at the request of the tax authority begins to count from the next day after confirmation of its receipt. Failure to receive a request sent to the taxpayer’s legal address does not release either the taxpayer or its officials from liability. Explanation of all the nuances-in the article.
Keywords: requirement to submit documents (information), tax audit, tax dispute
D. I. ryakhovskaya, Professor of Department “Crisis management and Finance”, Institute of Economics and crisis management, Professor of the Department of tax policy and customs tariff regulation of the Financial University under the Government of the Russian Federation, doctor of Economics, email@example.com
O. S. Popov, partner and Director of tax, business assistance, LLC “Legion-Law”, a practicing trial lawyer, tax consultant, certified teacher of IPB of Russia, Professor of the Institute of Economics and crisis management firstname.lastname@example.org
Taxation and accounting
Review of the new version of PBU 13/2000 ” Accounting for state aid»
Due to the spread of coronavirus infection, some Federal and regional business support measures are implemented in the form of subsidies, which will require the recipients of such subsidies to apply PBU 13/2000.
Includes an explanation of all the nuances of reflection of budgetary funds in accounting.
Keywords: state aid, accounting, subsidies
Author: S. S. Kiseleva, Director of audit activities of the audit consulting company “Yukon / experts and consultants”, email@example.com
Income tax benefits and conditions for their application for residents of industrial and production special economic zones
It explains the conditions for applying tax benefits to residents of industrial production SEZs. The rates of corporate income tax provided for by the laws of the Russian Federation’s constituent entities are given, as well as the categories of taxpayers entitled to carry forward losses. Recommendations are given on separate accounting of income from activities carried out on the territory of the SEZ
and beyond, etc.
Keywords: industrial and production special economic zone, residents, tax benefits, corporate income tax
Author: E. V. korablina, audit Director, partners Audit service LLC, firstname.lastname@example.org
Accounting of transport expedition expenses for tax purposes
Expenses on a transport expedition for profit tax purposes can only be taken into account if there is a full set of mandatory documents confirming the actual provision of services related to the transportation of goods specified in the contract of the transport expedition. Detailed explanations of all the nuances-in the article.
Keywords: freight forwarding agreement, contract of carriage, corporate income tax, VAT
Author: Yu. b. Tubanova, head of the laboratory of information customs and tax technologies of the North-Western Institute of management of the Ranepa under the President of the Russian Federation,
Tax accounting of employee bonuses
It explains the issues of documentation by the employer of employee incentives, the conditions for assigning bonuses to expenses, as well as the main errors in the qualification of bonuses for tax purposes.
Keywords: labor legislation, bonuses, remuneration system
Author: O. E. Cherevadskaya, Deputy General Director of Audit Expert LLC, email@example.com
Payments to an individual under a civil contract: certain issues of personal income tax
Various situations related to the taxation of payments of the physical persons, carried out within the framework of a civil contract. The author’s conclusions and recommendations are based on explanations provided by the Russian Ministry of Finance and the courts.
Keywords: pre-payment, reimbursement of expenses to the performer, non-resident performer
Author: I. V. Artelnykh, accountant-consultant of osbi Audit firm LLC, gardering@yandex
Taxes: history lessons
The Roman Empire and the titans
For a long time in the Roman provinces, tax collectors were publicans (from the Latin publicum — people, society, state, state property), whose activities were extremely difficult to control. For more information, see the article.
Keywords: taxes, history, Roman Empire