Income tax. Calculation of income tax Income tax rate for legal entities

LLC in general mode: what is income tax, how to calculate it, deadlines for payment and submission of declarations.

So, dear readers, we have finally reached the topic concerning organizations under the general taxation regime. We talked a lot about and. So, under the general regime, individual entrepreneurs and legal entities pay different taxes: individual entrepreneurs pay , and legal entities pay income tax. This is what income tax is today that we will talk about.

What is income tax

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: the financial result of the organization’s work is multiplied by the current rate.

Who can be exempt from income tax

Legal entities that:

1. Have switched to one of the special regimes or pay a tax on the gambling business;
2. They are participants in the Skolokovo project;
3. Refers to the number of foreign / international organizations specified in paragraph 4 of Art. 246 Tax Code of the Russian Federation;
4. They conduct activities that, subject to certain conditions, are subject to a 0% rate - most often these are activities in the field of education and healthcare (the list of income where a zero rate is possible can be found in Articles 284, 284.1, 284.3 of the Tax Code of the Russian Federation).

It turns out that for ordinary legal entities (those engaged in trade, transportation, construction, production, or working in the service sector), if they have not switched to a special regime, income tax is equally among the main taxes when conducting business. Not everyone can be included in the list of organizations related to the other three points - special requirements apply.

Income tax calculation

When calculating income tax, you should know that the object of taxation in this case is precisely profit. You and I understand perfectly what profit is: it is income from which expenses have been subtracted. Here are the important points:

• To calculate tax, income includes sales revenue and non-operating income, a list of which you will find in Art. 249 of the Tax Code of the Russian Federation.
• To calculate the tax, expenses include expenses from sales (both direct (depreciation, wages of employees, material expenses) and indirect) and non-operating expenses, the list of which is indicated in Art. 265 Tax Code of the Russian Federation.
• Income and expenses that do not take part in the calculation are listed in Art. 251 and art. 270 respectively - these lists consist of clearly defined categories of income / expenses, which under no circumstances can have an impact on the tax.

Important! In order for expenses to be taken into account when calculating tax, they must meet the requirements of economic justification, be aimed at generating profits and be supported by documents. If at least one of these points is not met, the tax office has the right to refuse to recognize such an expense for tax purposes. That is, the tax office will remove these expenses from the calculation, recalculate the tax base upward and calculate the additional tax.

Most often, the tax office recognizes expenses as unjustified due to unscrupulous contractors when the organization did not exercise due diligence in its selection. We have already written about how you can protect yourself.

One of the innovations for 2019 is permission to write off as expenses the payment for travel packages for its employees, both tourist and sanatorium-resort. What do you need to know here?

• These amendments were introduced into the Tax Code, Article 1 113-FZ dated April 23, 2018;
• Vouchers must be purchased only through a Russian tour operator or agent, under an agreement in favor of a specific employee, as well as, if desired, his relatives (wives, husbands, children under the age of 18 or 24, if the child is a full-time student at a university) ;
• Rest or treatment should only be on the territory of the Russian Federation;
• Costs can include the cost of travel, accommodation, meals, excursion or spa services;
• The budget per employee is no more than 50 thousand rubles;
• Personal income tax must be withheld from the cost of the trip. The date of recognition of income will be the date the company pays for the trip.

All expenses: vouchers, sanatorium and medical treatment, contributions for voluntary personal insurance should not exceed 6% of the total labor costs.

Another important feature! You can take into account income and expenses involved in calculating income tax using two methods: the accrual method or the cash method. It is impossible to combine them, for example, accounting for income using one method and expenses using another. You cannot 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?

• Accrual method : in this method, income / expenses are recorded in the period in which they are made, regardless of the date of payment or receipt of funds;
• Cash method : with this method, income / expenses are taken into account when they are actually received or paid. Actually, that’s why the method is called the cash method: we received money into the current account from the client - reflected the income, paid the invoice to the supplier - reflected the expense.

You can read more about these methods in Art. 271-273 Tax Code of the Russian Federation. The cash method on OSNO can only be used by 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 use of this method is limited, the accrual method is still the main one.

Formula for calculating income tax

The following formula is used to calculate tax:

Income tax = Base for tax calculation * Rate – Advance payments

And now about each element of the formula in order.

Tax base

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:

• If expenses exceed income and there is no profit, then the tax base = 0, that is, the tax will also be = 0;
• Indicators are calculated from the beginning of the year on an accrual basis;
• If a legal entity has a loss carried forward from previous years, then it also participates in reducing the tax base;
• If, due to the nature of its activities, a legal entity pays income tax at different rates, then the tax base for each rate should be calculated separately.

Income tax rate in 2019

The standard income tax rate is set at 20%, and the distribution by budget 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 Tax Code of the Russian Federation.

Advance payments for income tax during the year

As with other taxes, income tax is not paid once a year, but is distributed throughout the year - advance payments are also made for it. The process of paying advances for this tax can be different:

• Quarterly with monthly payments;
• Quarterly without monthly payments;
• Monthly based on actual profit amounts.

As a result, regardless of how a legal entity pays advances, the final tax calculation at the end of the year is calculated 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 that reduced the tax base amounted to 76 million rubles. It turns out that profit for tax purposes in this case will be equal to 123 – 76 = 47 million rubles. The standard tax rate is used -20%. Tax at the end of the year = 47 * 20% = 9.4 million rubles.

Let’s assume that during the year the company has already made advance payments of 6.2 million rubles. Then the tax payable will be equal to 9.4 – 6.2 = 3.2 million rubles.

Deadlines for paying income tax

I'll start with the fact that The tax period for any method of paying advances is a calendar year. But the reporting may differ. For those who have quarterly advance payments (whether with monthly payments or not), the standard reporting periods are quarter, six months and 9 months. For those who pay advances every month based on profits, the reporting periods will be a month, 2 months, 3 months, and so on until the end of the year.

The due date for all payments is the 28th. In more detail:

• The advance payment at the end of the quarter is paid by the 28th day of the month following the quarter;
• Monthly payments within a quarter are paid before the 28th day of the corresponding current month;
• Monthly payments based on actual profit values ​​are paid until the 28th day of the month following the end.
• The final calculation of income tax must be made before March 28 of the next year.

Income tax reporting

Legal entities submit income tax returns to the tax authorities at OSNO. The frequency of its delivery depends on the order of payment of advances. For those who transfer advances quarterly, the declaration must be submitted 4 times - based on 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 throughout the year.

The deadlines for filing a return are the same as for paying taxes. Reports on the results of reporting periods are submitted by the 28th day of the month that began after the period that ended, and the declaration on the results of the year must be submitted by March 28.

Conclusion

In this article, we examined the main points regarding corporate income tax. In the following articles we will discuss each point in detail.

There is a basic rule regarding tax calculation: each type of transaction requires a separate calculation. This is important because each type of activity has its own tax rate.
First of all, the tax base should be determined. It is calculated starting from January 1 of the current year on an accrual basis. In other words, to calculate income tax for 2015, you should take income from January 2016.
Let's consider the formula for the tax base, with an income tax at a rate of 20%:
Tax base (20%) = income – expenses + losses on operations ¬ – income excluded from profit – losses of previous years.
The first values ​​are income and expenses. Here we mean increasing since the beginning of the year.
If, when calculating using this formula, you get a value with a “-” sign, that is, a negative value, then you have the right to recognize the tax base as zero.
Some transactions have losses, the calculation of which requires special attention. These include transactions related to the sale of the following types of property:

• right to land;
• depreciable property;
• right to claim debt.

Here we also note some types of activities that have features when calculating income tax:

• maintenance of farms and industries;
• establishment of trust management;
• operations related to circulation (or non-circulation) on the securities market.

Features of income tax calculation

The main value is the tax calculation period, which is always one year. In addition to it, there is also a mandatory reporting period - this is a quarter, then a half-year, 9 months and, finally, a year. However, any organization has the right to pay tax every month based on its actual monthly profit. With this procedure for calculating income tax, the reporting period becomes first one month, then two months, three and so on until the end of the year.
The result of each reporting period is the calculation of advance payments. This way you form the tax base according to which reporting period you prefer - quarterly or monthly.

Distribution of income tax rate

There is legislation in the Tax Code of the Russian Federation, according to which the tax rate is 20%. These percentages, in turn, are divided as follows: 3% goes to the federal budget, and the regional budget becomes richer by 17% of your income tax amount. The exception is companies that produce hydrocarbons in offshore fields. They pay the tax in full to the federal treasury.
Let's look at an example of how to calculate corporate income tax. We will calculate tax at a rate of 20% for an organization with a quarterly reporting period.
Quarter I:

• income = 1,300,000 rub.
• expenses = 2,500,000 rub.

According to the figures, the company’s loss in the first quarter amounted to 1,200,000, respectively, the tax base, like the advance payment, will be equal to 0.
Quarter II:

• income = 2,300,000 rub.
• expenses = 800,000 rub.

With this data in hand, we can summarize the results of the half year:

• income = 3,600,000 rub.
• expenses = 3,300,000 rub.

these figures tell us that the tax base will be equal to 300,000 rubles, of which 3% - 9,000 rubles - goes to the federal budget, and 17%, that is, 51,000 rubles, goes to the federal budget.

How to calculate income tax for a foreign organization

By law, foreign companies are required to pay income tax in the following cases:

• The organization, through the permanent government, is engaged in business on the territory of the Russian Federation. In this case, the organization is obliged to independently calculate and transfer the tax to the budget
• the company receives permanent income, the sources of which are located in the Russian Federation, but the activities of the organization are not related to entrepreneurship and cannot lead to its formation. In such a situation, the company’s income is paid by a tax agent, whose responsibilities include tax withholding;

There are states with which the Russian Federation has concluded an agreement at the international level, which eliminates the possibility of double taxation. A Russian company can pay income to organizations from such countries, and this automatically relieves it from withholding income tax, or allows it to apply a reduced rate when calculating it. This should be spelled out in an international treaty.
The only thing you need to do to be able to take advantage of such a benefit is to confirm the following points:

• the company to which the income will be paid is foreign;
• the location of the company is the territory of the state with which the Russian Federation has concluded an international treaty.

This will help avoid possible double taxation.

Income tax of a foreign organization and its rates

The bet on profit when it comes to a foreign organization is not a clear-cut question. It will depend on the type of income of a particular company. If we are talking about a rate of 20%, then it applies to the following types of income:

• when profits or property of Russian companies are distributed in favor of foreign companies;
• debt obligations;
• sale of real estate located on the territory of the Russian Federation (allows you to reduce the base by expenses equal to the final cost of the real estate);
• use of intellectual property rights of the Russian Federation.

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Who pays

• All Russian legal entities (LLC, JSC, etc.).
• Foreign legal entities that operate in Russia through permanent representative offices or simply receive income from a source in the Russian Federation.

What is tax charged on?

On profit, that is, on the difference between income and expenses.

Income is revenue from the main activity (income from sales), as well as amounts received from other activities. For example, from leasing property, interest on bank deposits, etc. (non-operating income). When taxing profits, all income is taken into account without VAT and excise taxes.

Expenses are justified and documented expenses of the enterprise. They are divided into costs associated with production and sales (employee wages, purchase price of raw materials, depreciation of fixed assets, etc.) and non-operating costs (negative exchange rate differences, court and arbitration fees, etc.). In addition, there is a closed list of expenses that cannot be taken into account when taxing profits. These are, in particular, accrued dividends, contributions to the authorized capital, loan repayments, etc.

During tax audits, most problems arise precisely because of expenses: inspectors declare that expenses are not economically justified, primary documents are drawn up incorrectly, etc., etc. Therefore, accountants, as a rule, pay increased attention to documents confirming expenses.

What is not subject to tax?

On profits from activities transferred to the unified tax on imputed income (UTII), as well as on the profits of enterprises that have switched to a simplified taxation system or to pay a unified agricultural tax.

At what point to recognize income and expenses when calculating income tax?

There are two ways to recognize income and expenses: the accrual method and the cash method.

The accrual method provides that income and expenses are generally recorded in the period in which they arise, regardless of the actual receipt or payment of money. For example: an organization under a contract must pay office rent for August no later than August 31, but the rent payment is transferred only in October. Under the accrual method, the accountant must record this amount as an expense in August, not October.

Under the cash method, income is generally recognized when money is received in the current account or cash register, and expenses are recognized when the organization pays off its obligation to the supplier. So, if office rent for August was actually paid in October, then using the cash method, the accountant will show expenses in October, and not in August.

The organization has the right to choose which of the two methods - accrual or cash - it will use. But there is a limitation: any enterprise can use the accrual method, and banks are prohibited from using the cash method. In addition, in order to switch to the cash method, the following condition must be met: sales revenue excluding VAT on average for the previous four quarters cannot exceed one million rubles for each quarter. The same limit must be maintained during the time when the company uses the cash method. If the maximum revenue is exceeded, the organization is obliged to switch to the accrual method from the beginning of the current year. The chosen method is fixed in the accounting policy for the corresponding year and is applied during this year.

Tax rates

The basic income tax rate is 20 percent (2 percent goes to the federal budget, and 18 percent to the regional budget).

For some types of income, different values ​​have been introduced. Of these types of income, in practice, an accountant most often deals with dividends received, for which, in general, a rate of 13 percent applies (the full amount is credited to the federal budget).

How to calculate income tax

You need to determine the tax base (that is, the profit subject to tax) and multiply it by the appropriate tax rate. For profits subject to different rates, the bases are determined separately.

The tax base is calculated on an accrual basis from the beginning of the tax period, which corresponds to one calendar year. In other words, the base is determined during the period from January 1 to December 31 of the current year, then the calculation of the tax base begins from scratch.

If at the end of the year it turns out that expenses exceeded income and the company incurred losses, then the tax base is considered equal to zero. This means that the amount of income tax cannot be negative; the amount of tax must be either zero or positive.

The correctness of the calculation of the base must be confirmed by entries in the tax registers. Each enterprise develops these registers independently and consolidates them in its accounting tax policy. In practice, tax accounting registers are similar to accounting registers. Two types of accounting - tax and accounting - are needed to reflect the different rules for the formation of income and expenses that apply respectively in tax and accounting. In some cases, “tax” and “accounting” income may be the same.

How to calculate advance payments for income tax

During the year, the accountant must calculate advance payments for income taxes. There are two ways to calculate advance payments.

First way is established for all organizations by default and provides that the reporting periods are the first quarter, half a year and nine months. Advance payments are made at the end of each reporting period. The amount of payment based on the results of the first quarter is equal to the tax on profits received in the first quarter. The advance payment at the end of the half-year is equal to the tax on the profit received for the half-year, minus the advance payment for the first quarter. The amount of payment based on the results of nine months is equal to the tax on profit for nine months minus advance payments for the first quarter and half of the year.

Plus, monthly advance payments are made during each reporting period. At the end of the reporting period, the accountant withdraws the advance payment based on the results of this period (we have given the calculation rules above), and then compares it with the amount of monthly payments made within this period. If the total monthly payments are less than the final advance payment, the company must pay the difference. If there is an overpayment, the accountant will take it into account in future periods.

Monthly advance payments are calculated according to the following rules. In the first quarter, that is, January, February and March, the accountant calculates the same monthly advance payments as in October, November and December of the previous year. In the second quarter, the accountant takes tax on the profit actually received in the first quarter, and divides this figure by three. The result is the total of the monthly advance payments for April, May and June. In the third quarter, the accountant takes the tax from the actual profit for the six months, subtracts the advance payment of the first quarter, and divides the resulting figure by three. The amount of monthly advance payments for July, August and September comes out. In the fourth quarter, the accountant takes tax from the profit actually received for nine months, subtracts advance payments for six months, and divides the resulting value by three. These are advance payments for October, November and December.

Second way- based on actual profit. The company can adopt this method voluntarily. To do this, you need to notify the tax office no later than December 31 that during the next year the company will switch to calculating monthly advance payments based on the actual profit received. With this method, the reporting periods are one month, two months, three months, and so on until the end of the calendar year. The advance payment for January is equal to the tax on profits actually received in January. The advance payment for January-February is equal to the tax on profits actually received in January and February minus the advance payment for January. The advance payment for January-March is equal to the tax on profits actually received in January-March minus advance payments for January and February. And so on until December.

An organization that has previously chosen the second method of calculating advance payments (that is, based on actual profits) has the right to refuse it and, from the beginning of next year, “return” to the first method. To do this, you need to submit a corresponding application to the Federal Tax Service no later than December 31 of the current year. In the case of a “return” to the first method, the advance payment for January-March will be equal to the difference between the advance payment for nine months and the advance payment for six months of the previous year.

Companies whose sales revenue excluding VAT during the four previous quarters did not exceed an average of 15 million rubles per quarter must accrue only quarterly advance payments. This rule, regardless of the amount of revenue, also applies to budgetary, non-profit and some other organizations.

Newly created organizations accrue not monthly, but quarterly advance payments until a full quarter has passed from the date of their state registration. Then the accountant must look at what the sales revenue is (excluding VAT). If it does not exceed 5 million rubles per month or 15 million rubles per quarter, the company can continue to accrue only quarterly advance payments. If the limit is exceeded, the company switches to monthly advance payments from the next month.

When to transfer money to the budget

If the reporting periods are a quarter, half a year and nine months, then advance payments based on the results of the reporting periods are made no later than April 28, July 28 and October 28, respectively. The monthly advance payment for January should be transferred no later than January 28, for February - no later than February 28, and so on until December inclusive.

If the company makes advance payments based on actual profits, then the advance payment for January is made no later than February 28, for January-February - no later than March 28, and so on, until January 28 of the next year.

Regardless of the chosen method of calculating advance payments, at the end of the calendar year, the accountant displays the total amount of income tax for the past year. Then he compares it with the amount of advance payments accrued at the end of the reporting periods. If the total amount of advance payments is less than the final tax amount, the company pays the difference to the budget. If there is an overpayment, the accountant will take it into account in the following periods. The total amount of income tax must be paid no later than March 28 of the following year.

How to report income taxes

Companies whose activities are completely transferred to one or more special tax regimes (UTII, simplified system or payment of a single agricultural tax) may not report income tax.

All other legal entities that have made at least one transaction involving the receipt or expenditure of cash or non-cash funds, regardless of whether they have income, must submit income tax declarations to the inspectorate based on the results of the reporting and tax periods.

The income tax return for the tax period (year) must be submitted to the inspectorate no later than March 28 of the following year. Non-profit organizations that do not have an obligation to pay tax submit a simplified form of declaration. All other enterprises, regardless of their obligation to pay tax, submit year-end declarations in full form.

Companies for which reporting periods are quarterly, half-yearly and nine months report in a simplified form no later than April 28, July 28 and October 28, respectively. Organizations for which the reporting periods are one month, two months, and so on, report in a simplified form no later than February 28, March 28, and so on until January 28 of the following year.

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According to the law, this tax covers the difference between the income and expenses of the enterprise. The Tax Code determines what and how must be taken into account for tax purposes.

The amount of profit from which the payment is made is determined in the appropriate way depending on which group the payer belongs to.

Tax object

Subject to tax income received from the sale of products, services(both our own production and purchased). This category of income is considered sales. Income received from participation in other organizations, from rights, intangible assets is considered non-operating. In Art. 250 of the Tax Code specifies in detail the entire list of such assets.

The receipt of assets is not considered income if the person who transferred them does not have the right to demand something in return. Cash in rubles and foreign currencies are taken into account together to calculate profit.

In Art. 251 contains a long and detailed list of income that is not subject to tax. In summary, this list includes:

• funds or property transferred to replenish the assets of the authorized or share capital;
• property transferred from the budget;
• property transferred for state or municipal enterprises;
• investments for capital construction.

Art. 270 of the Tax Code contains an additional list of income that is not taken into account when calculating tax.

Tax payers and non-payers

Three groups of organizations pay income tax:

• Russian and foreign organizations (the latter pay tax based on the income received by their representative offices in the country);
• foreign organizations considered residents, as well as if the company’s management structures are located within Russia;
• members of the consolidated group.

A consolidated group is an association of taxpayer organizations based on a special agreement, as a result of which the group pays contributions as one entity. The accounting of enterprise losses also occurs jointly. An exception is payments (in case of payment of tax on them) by organizations acting as tax agents.

Individual entrepreneurs and enterprises that apply special tax regimes are not subject to income tax(simplified system, imputed income, agricultural tax, gambling tax). A special group exempt from tax includes organizations participating in Skolkovo.

Tax Rate Options

• The main share of the tax ( 17% ) is transferred to local budgets, 3% transferred to the national budget.
• Only rates calculated for amounts going to local budgets are allowed to be reduced. A reduction is allowed for enterprises operating in a special economic zone for the share of income received in the territory of such a zone. 12,5% is in this case the extremely high bet size. The reduction may be applied by regional authorities to individual enterprises, and the minimum rate cannot be lower than 12.5%.
• In the case of special economic zones, you do not need to pay anything to the national budget; the maximum amount of payments to local budgets is 13,5% . An increase in the rate is not allowed.
• 0% paid in the case of educational, medical institutions and social service organizations. In the case of the first two categories, the activities must comply with the list approved by law. They must comply with the following conditions:
  • income from core activities is at least 90% of profit;
  • at least half of the employees must have a certificate allowing them to work in their profession;
  • number of employees is at least 15 people.

  Failure to comply with all requirements at the same time will result in additional tax payment and a fine. Supporting documents are submitted at the end of each tax period.

• 9, 13, 15% established for income from securities, both domestic and foreign, the application of a preferential rate of 0% is prescribed only for securities issued for settlement of public debt. Depending on the ownership of the organization, the rate on profit from dividends also changes; for Russian organizations there are 0% benefits if it owns at least half of the authorized capital of the enterprise that is the source of income.
• Foreign organizations pay 15% for income from enterprises in which he participates.
• 30% - foreign organizations in the securities account of holders from income on securities issued by Russian organizations (dividends in this case are not taken into account) (Article 284 of the Tax Code).
• Features are also specified for participants in regional investment programs. For example, 10% — the rate for a participant who receives a profit of 90% in the territory where such a program is valid.

Reporting period

There are two options for reporting by payers:

• General – 3 months, 6 months, 9 months.
• In the case of organizations paying tax in the form of advance payments, reporting is submitted every month. The tax period at the end of which the final return is submitted is a calendar year.

Art. 289 it is determined that reporting is submitted by all organizations and their separate divisions. Tax exemption is not a reason not to file.

Reporting is submitted for each reporting period and by tax agents for those to whom they made transfers and for whom taxes were transferred.

A simplified declaration form is used both for the reporting period and for reporting for the entire period, but only for non-profit organizations. In the case of oil fields, reporting is submitted for each of them. Budgetary organizations fill out a declaration only for the tax period.

For each reporting period, a declaration is submitted no later than 28 days after the end of the period (Articles 285 and 289 of the Tax Code).

Rates are valid until 2021. In 2018, there were no changes in the calculation of corporate income tax.