Among those few fees to the state treasury of the Russian Federation, which are classified as regional, is the property tax of organizations. It must be paid by both Russian and foreign companies. What is the specificity of this tax? How is its calculation carried out in practice? How often should enterprises contribute to the state treasury?
The essence of tax
What is corporate property tax? Is it mandatory to pay to the budget for all types of businesses or only for organizations that meet certain criteria? The property tax of organizations is classified as regional.
It is established at the level of the provisions of the Tax Code of the Russian Federation and is mandatory for firms that operate in the territory of a subject of the Russian Federation. Payers of this type of fees are Russian and foreign companies that own real estate in Russia.
The tax on property of organizations under the simplified tax system is carried out only for real estate, and also provided that the tax base for the fixed assets of the company is determined as the cadastral value established for them.
Object of taxation
What is the object of taxation for organizations as part of the calculation of the fee in question? In accordance with the provisions of the Tax Code of the Russian Federation, both movable and immovable property (including that transferred to the company in trust), which is recorded on the balance sheet as an item of fixed assets, are recognized as such. As for foreign companies, the object of taxation in relation to them is only real estate. We will study the key aspects that characterize the property tax of organizations (payment, deadlines). We then examine some examples of calculating the corresponding payments.
Features of the calculation and payment of the fee
What are the principles for calculating and paying a fee such as corporate property tax? It is paid to the budget in accordance with the tax and reporting periods established by law. What is their specificity?
The tax period, as for most other types of fees to the Russian budget, in this case, is the calendar year. As for the reporting periods, this is the first quarter, six months, and 9 months of the year.
Regional specifics
The calculation of the fee in question is carried out at tax rates, which are approved by the legislative authorities of the constituent entities of the Russian Federation. Their maximum value should not exceed 2.2%. In accordance with the provisions of the Tax Code of the Russian Federation, regional authorities can use a differentiated approach to determining the amount of relevant tax rates. The criterion here may be the category of the taxpayer or the specifics of the property that is the subject of taxation.
Privileges
What other nuances concerning calculation and payment characterize the tax on property of organizations? The payment of the corresponding amounts to the budget can be carried out using various benefits. This type of preference can be established both at the level of the provisions of the Tax Code of the Russian Federation and in regional sources of law. The benefits defined in federal laws and those adopted in the constituent entities of the Russian Federation can be applied simultaneously.
Charge calculation formula
The taxpayers carry out the practical calculation of the fee to the treasury in question as soon as the tax period ends. The formula for determining the amount of tax is simple: you need to multiply the rate approved by the authorities of the region by the amount of the base. But before you transfer the resulting amount to the treasury, you need to reduce it by the amount of advance payments made during the tax period. The most important feature that characterizes the corporate property tax is that it is paid to the budget for each branch or other separate division of the company separately (if it has an independent balance sheet).
Terms of tax payment and procedure for settlements with the Federal Tax Service
The most important aspect of settlements of enterprises with the state for the tax in question is the timing. We will study them, as well as some practical nuances regarding the payment of the corresponding fee.
So, the most important aspect characterizing the tax on property of organizations is the timing of its payment. They are recorded in legislative acts adopted at the level of constituent entities of the Russian Federation.
We noted above that tax periods are set for the collection in question. Within their framework, enterprises must make advance payments. This is the most important feature that characterizes the property tax of organizations. The advance payment deadline is quarterly, immediately after the end of the tax period. The company must transfer to the treasury 1/4 of the tax, which is calculated as of the 1st day of the month immediately following the reporting period. The tax on property of organizations at the end of the year is made until March 30 of the next year.
A scenario is possible in which the company did not start working from the very beginning of the year. How, in this case, is the state property tax paid to organizations? The deadline for the payment of this fee in the framework of the relevant scenario is immediately after the completion of the state registration procedure, as well as the acceptance in the prescribed manner of accounting for the property that forms the tax base.
In some cases, the FTS may oblige enterprises to pay a fee as soon as the company actually begins to operate the corresponding fixed assets. To this, lawyers recommend paying special attention to entities that pay property tax on organizations. The deadline for paying the corresponding fee is clear to us. Let us now consider some practical examples of settlements of enterprises with the state for the tax in question.
Tax calculation examples
Let's say Industry Lux LLC was registered on February 11, 2014. At the time of entering information about the organization in the relevant state registers on the balance sheet of the company was property in the amount of 1.5 million rubles. Suppose that the corresponding figure on March 1, 2014 increased to 1.7 million, on April 1 - up to 1.8 million, on May 1 - up to 2 million, and on June 1 - up to 2.5 million rubles. Let's say the property tax rate in the region where the company operates is 2.2%.
So, in accordance with the provisions of the Tax Code of the Russian Federation, the tax period for the collection in question is the calendar year, and the reporting ones are the first quarter, six months, and 9 months of the year. As we noted above, Industry Lux LLC was registered on February 11, that is, after the calendar year began. In accordance with the provisions of the Tax Code of the Russian Federation, a tax period for a company will be a period of time from the date of registration to the end of the year.
The Tax Code of the Russian Federation requires Industry Lux LLC to provide, by July 30, the settlement of advance payments for the first half of the year. Also, in accordance with the provisions of the Code, the company must make an advance payment for the collection in question. The size of the tax base of the organization will be equal to the average annual residual value of the balance sheet property. In order to calculate it, it is necessary to divide the amount obtained by adding up the residual value of the property as of the 1st of the tax period and the 1st of the month that follows the corresponding interval by the total number of months, which is increased by 1.
Thus, first we summarize the figures that we have: 1.5 + 1.7 + 1.8 + 2 + 2.5 (this is the book value of the property of Industry Lux LLC for March, April, May, June and July 2014 in million rubles.), It turns out 9.5 million rubles. Six months have passed since the beginning of the year, we add another 1. It turns out that the average annual value of the property of Industry Lux LLC is about 1 million 357 thousand rubles. An advance payment is required from this amount. It is calculated as 1/4 of the total tax in accordance with the rate approved by the regional authorities. In our example, this is 2.2%. That is 2.2% of 1 million 357 thousand - this is 29 thousand 854 rubles. We take 1/4 of this value, it turns out 7463 rubles. 50 kopecks This will be an advance payment for Industry Lux LLC.
Property Tax: Nuances
So, we examined the key features regarding the property tax of organizations, as well as an example of the calculation of advance payments for the corresponding collection. We learned that legislation can establish both a common criterion for the entire territory of the Russian Federation characterizing the property tax of organizations - the due date (Moscow, St. Petersburg or Nizhny Novgorod - pay this fee with the same frequency), and an indicator fixed for each region separately, namely the rate.
At the same time, a number of other nuances characterizing the obligation under consideration, which must be fulfilled by organizations operating in the Russian Federation, are very important. The fact is that in federal laws and regional legal acts governing the calculation and payment of corporate property tax, common wording is often given regarding the relevant sphere of legal relations. Of course, the key provisions of the Federal Law and sources of law in the constituent entities of the Russian Federation, concerning, for example, the frequency of settlements between enterprises and the state, are logical and understandable. In particular, we noted that the deadline for paying property tax for organizations in Moscow is the same as in other regions. However, there are nuances associated with the practice of companies fulfilling their respective obligations to the Federal Tax Service, which are not expressly prescribed in federal and regional laws. In this case, by-laws will be the main source of law for us. Which ones should you pay special attention to?
The significance of the actual use of property
Among the most noteworthy subordinate legal acts in question are the Letter of the RF Ministry of Finance No. 03-06-01-02 / 28. It reflects the recommendations of the department regarding the payment of property tax on funds that enterprises have not registered in the prescribed manner. This document explains that the inclusion of information on fixed assets of firms in state registers is not the main criterion in establishing the obligations of the company to pay the corresponding tax, despite the fact that registration of property is required.
If certain fixed assets are involved in production, they should be included in the tax base of the organization, and a fee should be paid from them. In this case, the property should be recorded on account 08. Failure of the organization to follow such recommendations can be assessed by the Federal Tax Service as tax evasion.
Payment of tax by foreign organizations
Having studied the specifics of the key aspects of such an obligation as corporate property tax (payment, deadlines), we can study the specifics of the fulfillment of the corresponding requirement by foreign organizations.
The tax base in this case is formed only at the expense of real estate. It does not matter if it is located on the territory of the actual activity of a foreign company in the Russian Federation or abroad.
Calculation of property tax in the event that it is owned by a foreign company is carried out on the basis of data reflecting its inventory value at the beginning of the calendar year. This information should be transmitted to the FTS by organizations that carry out a technical inventory of the corresponding type of objects. Advance payments on property owned by foreign firms are calculated at the end of the reporting period as 1/4 of the inventory value of real estate, multiplied by the rate established by regional laws.
If the ownership of the respective type of property is registered after the calendar year has begun, then the actual period of use by the organization of the respective funds is taken into account in the process of calculating advance payments. It should be noted that the main thing for the legislator is not a legal fact that reflects the entry of data on the property of foreign firms in state registers, but the fact that the organization practically uses the available resources.
It can be noted that, as in the case of Russian companies, foreign structures must fulfill their tax obligations on the property, based on the tax period that corresponds to the calendar year, and also working within such reporting periods as the first quarter and six months as well as 9 months of the year. The deadline for paying corporate property tax for the year, as is the case with Russian firms, ends March 30 of the following year.
Significance of the actual location of the property
An important nuance: foreign organizations must transfer tax and advance payments to the regional budget at the actual location of the property that they own. After the tax or reporting period, the company must submit to the Federal Tax Service at the location of the office or branch having an independent balance sheet, as well as at the location of each property, tax calculations reflecting the amount of advance payments. Another obligation of firms is the formation of declarations in the prescribed form and their sending to the Federal Tax Service.
When a foreign organization does not conduct commercial activities in Russia, it still must pay property tax if the corresponding funds belong to it in the Russian Federation on the basis of ownership.
The tax on property of organizations according to quarterly calculations is made by foreign companies at the place of actual location of real estate. Terms, as in the case of Russian companies, are fixed in the legislative acts of the constituent entities of the Russian Federation.