CONTENTS NO. 12/2021 OF THE JOURNAL «TAX POLICY AND PRACTICE»
Room person
«The Internet Company’s VAT Office service is unique, because with its help we managed to establish interaction with foreign companies from all over the world, and its interface is intuitive»
The e-commerce market in the world as a whole and in Russia in particular is developing rapidly, and the coronavirus pandemic has become a powerful catalyst for growth. The growth rate of this market in Russia is significantly higher than the global average: in 2018, its volume was estimated at $ 17.3 billion, and in 2022 it is expected to reach the level of $ 69 billion. At the same time, both Russian and foreign individuals are active in the e-commerce market. Deputy Head of the Interregional Inspectorate of the Federal Tax Service of Russia for the Largest Taxpayers No. 7 V.A. Sharova spoke about the peculiarities of tax administration of foreign companies — suppliers of electronic services; about how a Russian buyer should act if it is obvious to him that a foreign supplier of electronic services will not pay VAT to the Russian budget; about the benefits provided for Russian IT companies.
Ask — we answer
Current explanations on the new procedure for obtaining an electronic signature in the CC of the Federal Tax Service of Russia. Ending
A.N. Soloviev, Head of the Information Security Department of the Federal Tax Service of Russia, continues to answer taxpayers’ questions related to the application of the new provisions of Federal Law No. 63-FZ dated 06.04.2011 «On Electronic Signature», including obtaining a qualified certificate of the electronic signature verification key at the certification center of the Federal Tax Service of Russia.
Events. Evidence. Comments
New forms and formats of documents used in tax monitoring: deadlines and procedure for submission to the tax authority
The Head of the Tax Monitoring Department of the Federal Tax Service of Russia, M.A. Krasheninnikova, during a webinar organized by the editorial office of the journal «Tax Policy and Practice» and the company «Taxcom», answered the questions of taxpayers — current and potential participants in tax monitoring.
Current issues of taxation of real estate of organizations
The Head of the Property Taxation Department of the Federal Tax Service of Russia, Candidate of Law A.V. Lashchenov gave explanations on the practical application of the provisions of the Tax Code of the Russian Federation (taking into account the amendments introduced by Federal Law No. 305-FZ of 02.07.2021) that organizations have in relation to their real estate.
Online cash registers and fiscal drives for the sale of labeled goods
Which fiscal drives support the labeling system? What is the required composition of fiscal documents for marking? How is the transfer of information about the marked product carried out using FFD 1.2? These and other questions were answered by the Deputy Head of the Department of Operational Control of the Federal Tax Service of Russia A.A. Sorokin.
The main changes in the legislation on VAT in the domestic market: what to pay attention to
The adviser of the Value Added Tax Department of the Department of Taxation of Legal Entities of the Federal Tax Service of Russia O.S. Duminskaya told about the changes made to the forms of the invoice (adjustment invoice), purchase books and sales books, VAT tax returns and control ratios, as well as cases when the declaration is considered unrepresented.
Offers. Concepts. The prospects
Problems of determining the market price of cryptocurrencies for tax purposes
The relevance of the study is due to the growing trend of the practical role of cryptocurrencies in the formation of the international system of financial relations, which is why they become the object of taxation on the territory of the Russian Federation. The reasons for the development of cryptocurrencies and ways to determine their market price for tax purposes are considered. The provisions of Draft Law No. 1065710-7 are analyzed. It is concluded that the most effective way to determine the market price of cryptocurrencies for tax purposes in Russia is based on the average market value established on the basis of data from specific crypto exchanges.
Keywords: cryptocurrency market, cryptocurrencies, tax system, taxes, digital currencies, taxation, cryptocurrency price
Author: A.V. Ershov, postgraduate student of the Plekhanov Russian University of Economics, Head of the Department of Interregional Inspection of the Federal Tax Service of Russia for the Largest Taxpayers No. 9, alex.yershoff@mail.ru
Taxes: History Lessons
Tax: the root of evil. Ending
In the last issue, we started a story about the famous representative of the American conservative movement «Old Right» Frank Khodorov (1887-1966) and his book «Tax: the Root of Evil». In this book, he describes in detail the mechanism of transformation of public opinion — from the idea of free enterprise to the idea of universal progressive income taxation. According to Khodorov, this is directly related to the fact that the state «hooked» citizens on the system of social guarantees: instead of the selected rights and freedoms of the individual, it gave the illusion of social protection. Details are in the material.
Keywords: taxes, history
Authors:
N.F. Polyakov, Deputy General Director of FKU «Tax-Service» of the Federal Tax Service of Russia, Doctor
of Economics, pnf-5200@mail.ru A.A. Panasenko, Deputy Head of the Department for the Organization of Archival Funds of the FKU «Tax-Service» of the Federal Tax Service of Russia, avtor3@npip.ru
Taxation and accounting
Accounting of property on the lessee’s balance sheet: comparative analysis of expenses incurred when accounting and tax accounting of leasing transactions
When applying FSB 25/2018 (in comparison with the previous accounting procedure), the difference in the amount of expenses recognized for accounting and tax purposes decreases. This is due to the fact that the initial cost of the leased item in accounting and tax accounting differs only in the redemption value, the differences in depreciation are minimal. In addition, since, in accordance with FSB 25/2018, interest calculated at the discount rate is included in expenses, the amount of temporary differences decreases. Details are in the article.
Keywords: federal accounting standard
Author: V.M. Yemelyanova, Leading expert auditor of the Yukon Audit Consulting Company/Experts and Consultants, office@yukon-co.ru
Capital transactions of subsidiaries: rules and practice of taxation
Currently, there is a set of trapped cash distribution tools for Russian and foreign companies, each of which is more or less effective from a tax point of view. At the same time, some aspects have not yet been settled, which raises many questions. Details are in the article.
Keywords: parent company, subsidiary, reduction of the authorized capital
Authors:
E.V. Nepomnyashchikh, Director of the Department of Taxation and Legal Services EY, Ph.D., Evgeny.Nepomnyashchikh@ru.ey.com
N.A. Averina, Junior Manager of the Tax and Legal Services Department of EY, Nataliya.Averina@ru.ey.com
Accounting for outsourcing costs from the customer
In order to avoid suspicion of tax abuses of the contracting authority, when concluding the contract, the contracting authority should exercise caution, conduct a check of the business reputation of the executing organization and the possibility of its execution of the contract. Explanations of all the nuances and features of the reflection of such transactions in accounting and tax accounting are in the article.
Keywords: rendering of services, outsourcing, accounting, corporate income tax, VAT
Author: E.V. Orlova, Head of the Audit Department of LLC «PARTY», avtor2@npip.ru
We are preparing to submit annual reports on Form 6-Personal income tax
In 2021, personal income tax agents present the calculation of personal income tax amounts calculated and withheld by the tax agent under the new form 6-Personal income tax. Unfortunately, during the reporting campaigns during the year, not all tax agents analyzed the control ratios on Form 6-personal income tax and, accordingly, did not take into account changes in tax reporting. In order to avoid mistakes and submit perfect reporting for the year, and in it, we recall, it will be necessary to include information on the income and tax of each individual, we advise you to carefully study the control ratios. About the new rules and subtleties of filling out the annual calculation on the form 6-personal income tax — in the article.
Keywords: personal income tax, calculation of tax amounts, form 6-personal income tax, control ratios
Author: S.V. Nikitina, tax expert, avtor4@npp.ru
Signs of a separate subdivision of the organization
The concept of «separate division» includes any types of divisions of organizations, including branches. However, the norms of the Tax Code of the Russian Federation do not contain the concept of «branch», therefore it should be applied in the meaning in which it is used in civil legislation. Details are in the article.
Keywords: separate subdivision, territorial isolation, stationary workplaces, branch
Author: O.A. Myasnikov, tax consultant, lecturer at the Higher School of Jurisprudence and Administration of the Higher School of Economics, Candidate of Law, myasnikovoleg@mail.ru
Tax accounting of budget subsidies
The features of the tax accounting of subsidies allocated to commercial organizations from federal, regional and local budgets for various purposes, as well as the formation of the VAT tax base, taking into account the explanations of the Ministry of Finance of the Russian Federation, are analyzed.
Keywords: financing and compensation of expenses due to subsidies, creation of depreciable property
Author: I.V. Artelnykh, accountant-consultant of LLC «Audit firm «OSBI», gardering@yandex.ru
Application of a reduced VAT rate (exemption from taxation) in relation to medical devices, including their parts