Many Russian firms carry out commercial activities by paying UTII. Work within the framework of the corresponding tax regime has a number of nuances - those related to reporting, calculating tax, and correctly filling out a declaration. In order for the entrepreneur to be able to successfully fulfill all those obligations that are established for him by tax legislation, he will have to study the specifics of these nuances. What are the most notable features of working with a single tax?
General information about UTII
So, the tax system of the Russian Federation includes this type of fee as UTII. What are its features?
As a rule, a company engaged in entrepreneurial activities pays tax in proportion to revenue or profit. UTII involves the transfer to the state, in turn, of a fixed payment, which is not dependent on cash receipts to the account of the enterprise. Thus, sane income is taken into account - the one that the company receives presumably based on average market trends. The size of UTII is established in legal acts at the federal and regional level.
Consider the other key nuances of the tax in question.
Why do businesses use UTII and when is it profitable?
By default, Russian commercial enterprises operate within the framework of the general taxation system, or DOS. This tax regime involves the payment of tax to the state in the amount of 20% of the difference between the income of the company and its expenses. It can be very difficult for a start-up to fulfill a corresponding obligation to the budget. Therefore, the state gives small firms the opportunity to significantly reduce the payment burden by working in special tax regimes. Among them - UTII.
This tax regime, as we noted above, involves the transfer to the budget of fixed amounts that do not correlate with revenue or expenses. In what cases can commercial activities carried out upon payment of a single tax be beneficial? As a rule, this applies to those scenarios when the company has a sufficiently large revenue. If the corresponding indicators are not too large-scale, then, perhaps, from an economic point of view, work in the DOS mode will be more justified.
Among the other advantages of the collection in question is that it replaces a number of other business obligations to the state budget. For example, by paying a single tax, a company may not pay VAT to the treasury, as well as tax on property used in entrepreneurial activity. In turn, an individual entrepreneur working on UTII may not pay personal income tax for himself.
When can I use UTII?
The main regulatory act containing provisions on the basis of which the tax system of the Russian Federation operates is the Tax Code. In accordance with the norms that are fixed in it, firms in such areas as can work within the framework of a single tax on imputed income :
- retail;
- catering business;
- public catering;
- activities for the provision of veterinary services, consumer services;
- vehicle repair and maintenance services;
- the provision of car wash services;
- advertising activities;
- the provision of rental services for trading floors and land;
- provision of hotel services;
- cargo transportation, passenger transportation;
- provision for use of paid parking.
How to start working on UTII?
An entrepreneur can start working within the framework of the taxation system under consideration by writing a statement to the Federal Tax Service, which indicates the date the UTII was applied by the company. The corresponding document must be submitted to the territorial office of the Federal Tax Service at the place of commercial activity. At the same time, lawyers note that it must coincide with that specified in the application for registration of the company with the Federal Tax Service.
How to stop work on UTII?
In turn, in order to cease activities within the UTII, you must also send a corresponding application to the Federal Tax Service. Moreover , this must be done within 5 days from the moment when the relevant commercial activities in the company are terminated. If there is a need to switch from UTII to any other taxation system - for example, the simplified tax system or the basic tax system - then this can be done, by virtue of the current provisions of the law, only from next year.
Features accounting UTII
The company working on UTII can keep track of indicators in 2 modes:
- for each type of activity for which a single tax is paid;
- by type of activity taxed by UTII, as well as by that conducted under other taxation schemes.
Legal entities also need to maintain accounting records and submit relevant reports to the Federal Tax Service.
How UTII is calculated
Let us now consider how the tax on sane income is calculated. The main parameters that are taken into account when determining the amount of payment to the budget are the tax base and rate. The first indicator is calculated by multiplying the value of the basic yield by a figure corresponding to the physical indicator. But this is not the complete structure of the single tax formula. The basic yield can also be changed due to the use of two coefficients: a deflator, also called K1, and a correction factor, or K2. The tax rate under consideration is 15%.
Once the amount of the fee is determined for the tax period, UTII can be reduced by the amount of insurance premiums paid to state funds for employees or, if the payer is an individual entrepreneur and works without the involvement of employees, then those that are paid to the Pension Fund, Social Insurance Fund and Social Insurance Fund for themselves. If the company has employees, then tax reductions from insurance premiums can be made no more than 50%. In turn, if an individual entrepreneur works without hiring employees, then he can reduce UTII by an amount that fully corresponds to the size of payments to the PFR, FSS and FFOMS.
Reporting
We study such an aspect as the tax reporting in question. Regarding such a parameter as the tax period, UTII refers to taxes for which reports are submitted to the Federal Tax Service on a quarterly basis, no later than the 20th day of the month following the previous quarter. In addition to the tax return in question, payers of the fee under consideration must provide the state with a number of other reporting documents.
Among these are forms 4-FSS, as well as RSV-1, for firms with hired employees. They are provided to the Federal Tax Service in the same tax period as in the case of a declaration. UTII also requires the submission by those firms in which employees are employed of a 2-NDFL report, information on the average number of employees, and also financial statements if the payer has the status of legal entity. IP accounting is not necessary. In turn, entrepreneurs who do not hire workers should only submit a declaration to the Federal Tax Service. If the payer carries out commercial activities in different cities, then section 2, which is present in the structure of the tax declaration, must be filled out separately, in correlation with each place of business.
If a company or an individual entrepreneur carries out several types of commercial activities, and some of them do not fall under UTII, then it is necessary to submit reports on them, as provided for in a specific section of tax legislation. In this case, it is important to indicate the correct period code in the tax return. How to define it?
Define the tax period code
The tax period in the UTII declaration must be indicated. The corresponding paragraph is provided for in the structure of the form approved in the Order of the Federal Tax Service of the Russian Federation No. MMV-7-3 / 352 of July 4, 2014. Each of the codes corresponds to the quarter for which reporting is submitted. Consider their list.
If the declaration is submitted for the 1st quarter, then code 21 must be indicated in it. For the 2nd quarter - 22. The corresponding norm is contained in the Order of the Federal Tax Service, noted above.
If the declaration is submitted for the 3rd quarter, then the code for this tax period is 23. According to UTII reporting must be submitted quarterly. The code for each period is thus separate.
If the declaration is submitted for the 4th quarter, then the code to which the given tax period corresponds is 24. UTII can also be used by liquidated or reorganized firms. In this case, a separate code should be indicated.
It corresponds to the quarter in which the company ceased operations. The code to which the given tax period previously corresponded is 50. UTII, by virtue of the current legislative provisions, involves the use of other codes. Consider them.
The legislation of the Russian Federation requires the use of codes in the reporting reporting scenarios: 51 - if the company is liquidated or reorganized in the 1st quarter, 54 - the code for the 2nd quarter, 55 - the indicator corresponding to the 3rd quarter, 56 - the code that is used if the UTII tax period is 4 quarter .
When is tax paid?
We will study such an aspect as the deadlines for paying the tax in question. UTII payers must transfer the corresponding amounts to the budget of the Russian Federation by the 25th day of the month following the reporting quarter. That is, if the tax period of UTII is the 4th quarter, then the payment must be paid before January 25 of the next year. It is possible, therefore, to submit reports to the Federal Tax Service earlier than to pay tax. Thus, the key information about UTII that the payer needs to know is the time frame for filling out the UTII declaration, the tax period, and the code corresponding to it.
But what will happen if the company does not fulfill one or another obligation under the tax in question, which is provided for by law?
Responsibility
It will be useful to consider such an aspect as the responsibility of the taxpayer working under the UTII.
If the company conducts business using a single tax, but does not register with the Federal Tax Service, the state will impose a fine on it in the amount of 10% of income - but not less than the amount of 40 thousand rubles. If the entrepreneur puts his company at an unregistered time, the Federal Tax Service may issue a fine of 10 thousand rubles. If the business owner does not notify the Federal Tax Service in time about the opening or closing of settlement accounts, then he may have to pay a fine of 5 thousand rubles. If the declaration for a certain UTII tax period is provided in violation of the deadlines provided by law, the company will have to pay a fine of 5% of the calculated tax, but not less than the amount of 1 thousand rubles. If the company fails to pay the fee in question on time to the budget, the Federal Tax Service has the right to recover 20% of the tax, or 40%, if it turns out that the organization did not transfer the necessary payment to the state on purpose.