Corporate property tax. Property tax rate for legal entities
With the advent of 2017, a large number of organizations may be affected by a sharp increase in property tax. At the same time, the minimum area of detached buildings, which will be subject to taxation, will decrease from 2000 sq. meters up to 1000 sq. meters.
It cannot be said that this news pleased the owners of buildings and premises in Moscow, so they are trying to find more and more information about corporate property tax in 2017. If you belong to this category of citizens, then this article will surely be useful to you.
What is corporate property tax?
The term “organizational property tax” means a tax that applies to movable and immovable property of enterprises. The tax on movable property is levied if it was acquired before January 1, 2013.
As for real estate, not only personal property is taxed, but also that which was rented or is in trust. However, already in 2013, amendments to the law “On corporate property tax” came into force.
From now on, all taxation on movable funds of the organization is cancelled. First of all, it concerns the vehicles of the company.
Latest news
Based on the amendments to the law “On Corporate Property Tax”, from 2017 all owners of office and shopping centers in Moscow will pay taxes, which will be calculated based on the cadastral value of buildings. At the moment, these innovations will affect only large shopping and business centers with an area of more than 3,000 square meters. meters.
In addition, all free-standing buildings dedicated to shops and restaurants will be taxed under the new scheme, which will extend to 1,000 sq. meters, not 2000 sq. meters, as it was before 2017.
This bill also states that tax rates in 2017 will not increase according to the scheme that was previously prescribed. Their growth will slow down somewhat and in 2016 will be 1.3% (1.5% was planned), in 2017 - 1.4%, and in 2018 - 1.5%.
Objects for evaluation
After the adoption of the cadastral valuation of property, its “influence” extends to such objects:
- Premises intended for the provision of personal services, catering and trade.
- Residential premises, which are not fixed assets, but as a rule, are bought for resale.
- Shopping and office centers.
Starting from 2016, in each region, this list may expand or, conversely, decrease, because the administration is allowed to determine the final list of types of property that is subject to assessment and taxation at cadastral value.
In addition, the subject of the federation has the right to establish restrictions due to which some companies will pay tax under the old rules. Usually, these are small firms owning small premises.
Possible consequences
After changes are introduced to the taxation process, the burden on domestic business will increase, said Aleksey Nebolsin, a member of the Opora Rossii Presidium.
It is still difficult to assess how great the pressure will be, because in 2016 a complete revaluation of real estate is planned throughout the capital. Nebolsin recalls that in 2014, after the business switched to paying taxes at the cadastral value, this cadastral value exceeded the book value by 4.5 times.
The presidium member is sure that as soon as the practice of paying tax on the cadastral value begins, many owners of restaurants and shops will be forced to close. "Opora Rossii" even applied to the Ministry of Finance with a request to exclude these types of activities from taxation at the cadastral value.
Note that tax on book value is withheld at a higher rate of 2.2%. According to Marina Karpova, Deputy Head of the Committee on Entrepreneurship of the Chamber of Commerce and Industry, this is a profitable solution, because the tax is levied taking into account its depreciation.
This means that the more the building is in use, the less the owner will pay. Marina Karpova is worried that due to the fact that the cadastral value does not provide for such a dependence on old buildings, the load will increase several times. Such a decision will lead to the fact that Moscow real estate will become unclaimed and will be idle.
Yelena Petrovskaya, head of the Delovaya Rossiya appraisal department, argues that it is neither profitable nor expedient to carry out a cadastral valuation in Moscow. According to her, such an assessment is not able to show the real value of the building, and in the real estate cadastre itself, incorrect information is often found.
Based on the statements of Elena Petrovskaya, first of all, it is necessary to conduct a complete inventory, and after that, move on to the cadastral taxation system. She warns that otherwise the country's budget could lose large sums.
In order to equalize the tax burden on building owners, it is necessary to expand the range of objects taxed by cadastral value. To do this, more than 7,000 new objects should be introduced in 2017.
Experts say that retail and office buildings with a small area are better filled, which means that their share of usable space increases, which leads to further positive development and re-profiling.
Foundation and legal basis
Corporate property tax is established by the Tax Code of Russia. This is a regional tax - it is put into effect by the Tax Code of the Russian Federation and the laws of the constituent entities of the Russian Federation. The basics of corporate property tax are established by Chapter 30 of the Tax Code of the Russian Federation. Subjects of the Russian Federation have the right to determine the tax rate, the procedure and terms for paying tax - within the framework specified in the Tax Code.
Taxpayers
Taxpayers- organizations that have property recognized as an object of taxation.
Organizations that apply special taxation regimes (STS, UTII, etc.) are exempted from paying property tax. Also, benefits are established for certain categories of organizations at the federal or regional levels - for this, see the paragraph "Tax benefits".
Pay attention!
- organizations - organizers of the XXII Olympic Winter Games and XI Paralympic Winter Games 2014 in Sochi;
- organizations - marketing partners of the International Olympic Committee (IOC).
However, according to Art. 379 of the Tax Code of the Russian Federation, the tax on property necessary for holding events is still not paid:
- FIFA and its subsidiaries, as well as a number of other organizations involved in the preparation and holding of the 2018 FIFA World Cup and the 2017 FIFA Confederations Cup.
Object of taxation
Movable and immovable property (including those transferred for temporary possession, use, trust management, contributed to joint activities, or received under a concession agreement), accounted for on the balance sheet as fixed assets.
The objects of taxation for foreign organizations operating in the Russian Federation through permanent representative offices are movable and immovable property related to fixed assets, property received under a concession agreement.
The objects of taxation for foreign organizations that do not operate in the Russian Federation through permanent representative offices are real estate located in the territory of the Russian Federation and owned by the said foreign organizations by right of ownership and real estate received under a concession agreement.
Not subject to taxation:
- land plots, water bodies and other natural resources;
- property owned by the right of operational management to federal executive bodies in which military or equivalent service is provided for by law, if it is used for the needs of defense, security and law enforcement in the Russian Federation;
- objects recognized as cultural heritage (monuments of history and culture) of the peoples of the Russian Federation;
- nuclear installations used for scientific purposes, storage facilities for nuclear materials and radioactive substances and storage facilities for radioactive waste;
- icebreakers, ships with nuclear power plants and nuclear technology service ships;
- space objects;
- ships registered in the Russian International Register of Ships;
- items of fixed assets included in the first or second depreciation group in accordance with the Classification of fixed assets approved by the Government of the Russian Federation.
The tax base
Required to calculate advance tax payments.
As a general rule, the tax base is determined by the organization independently as the average annual value of property related to the objects of taxation. Accounted for at its residual value. If the residual value of the property includes a monetary assessment of future costs associated with this property, its residual value for the purposes of calculating corporate property tax is determined without taking into account such costs.
The tax base for individual real estate objects can be determined as their cadastral value as of January 1 of the year of the tax period. In this case, it is calculated in accordance with the rules of Article 378.2 of the Tax Code.
The tax base is calculated based on the cadastral value of the following real estate:
- administrative and business centers and shopping centers (complexes), as well as premises in them;
- non-residential premises, which, in accordance with cadastral passports or technical accounting documents, are intended or are actually used to accommodate offices, retail facilities, catering and consumer services (the actual use of non-residential premises for these purposes is recognized as the use of at least 20% of the area of \u200b\u200bthe premises for the placement of these objects) ;
- real estate objects of foreign organizations that do not operate in Russia through a permanent representative office, or objects that are not related to the activities of a foreign company in the Russian Federation through a permanent representative office;
- residential buildings and residential premises that are not accounted for on the balance sheet as fixed assets in the manner established for accounting;
- unitary enterprises.
The legislative bodies of a constituent entity of the Russian Federation are empowered to establish the specifics of determining the tax base for regional taxes, and hence for corporate property tax (Article 12 of the Tax Code of the Russian Federation). In particular, they are allowed to approve lists of objects, the tax base for which is determined based on their cadastral value. Lists of such property are approved no later than January 1 of the year during which the established rules will be in force.
The tax base is determined separately for property:
If the actual location of the taxable objects is located in different constituent entities of the Russian Federation, the tax is calculated taking into account the rates adopted in the respective constituent entities of the Russian Federation.
Features of the calculation of the tax base by participants in a simple partnership (under a joint activity agreement), as well as in relation to property transferred to trust management, are determined by Articles 377 and 378 of Chapter 30 of the Tax Code of the Russian Federation.
Tax and reporting periods
The tax period is a calendar year.
Reporting periods - the first quarter, six months and 9 months of the calendar year.
The reporting periods for taxpayers who calculate tax based on the cadastral value are the first quarter, second quarter and third quarter of a calendar year.
The constituent entities of the Russian Federation are not entitled to establish their reporting periods other than those specified in the Tax Code.
tax rate
Corporate property tax rates are set by the laws of the constituent entities of the Russian Federation, taking into account the norms established by Article 380 of the Tax Code of the Russian Federation. It is allowed to establish differentiated tax rates depending on the categories of taxpayers and (or) property recognized as an object of taxation.
tax incentives
The list of organizations that are granted benefits for the payment of property tax is established by Article 381 of the Tax Code of the Russian Federation. The following are exempt from tax:
- organizations and institutions of the penitentiary system - in relation to property used to carry out the functions assigned to them;
- religious organizations - in respect of property used by them for religious activities;
- All-Russian public organizations of the disabled:
- among whose members the disabled and their legal representatives make up at least 80% - in relation to the property used by them to carry out their statutory activities;
- the authorized capital of which consists entirely of the contributions of these organizations, if the average number of disabled people among their employees is at least 50%, and their share in the wage fund is at least 25%, in relation to the property used by them for production and (or) sale goods (excluding excisable and some others), works and services (excluding brokerage and other intermediary services);
- institutions, the sole owners of whose property are the indicated organizations of disabled people - in relation to property used by them to achieve educational, cultural, health-improving, physical culture and sports, scientific, informational and other goals of social protection and rehabilitation of disabled people, as well as to provide legal and other assistance to the disabled, disabled children and their parents;
- organizations whose main activity is the production of pharmaceutical products - in relation to the property used by them for the production of veterinary immunobiological preparations;
- organizations:
- in relation to federal highways of general use and structures that are their integral technological part. The list of property related to the said objects is approved by the Government of the Russian Federation;
- in relation to property recorded on the balance sheet of an organization - a resident of a special economic zone, created or acquired for use in the territory of the SEZ when conducting activities under the concluded agreement (within 10 years from the month following the month of registration of the said property);
- recognized by the management companies of the innovation center "Skolkovo";
- those who received the status of participants in the Skolkovo project for the implementation of research, development and commercialization of their results;
- property:
- specialized prosthetic and orthopedic enterprises;
- bar associations, law firms and legal consultation offices;
- state scientific centers;
- and others - see Article 381 of the Tax Code of the Russian Federation for a complete list.
Note!
- reorganization or liquidation;
Procedure and terms of tax payment, reporting
The amount of tax is calculated based on the results of the tax period as the product of the tax rate and the tax base determined for the tax period.
The tax payable to the budget is determined as the difference between the total amount of tax calculated for the year and the amounts of advance payments paid during the tax period. Calculated separately for property:
- subject to taxation at the location of the organization (place of registration with the tax authorities of the permanent representative office of a foreign organization);
- each separate division of the organization that has a separate balance sheet;
- each real estate object located outside the location of the organization, a separate subdivision of the organization that has a separate balance sheet, or a permanent representative office of a foreign organization;
- included in the Unified Gas Supply System;
- the tax base for which is determined as its cadastral value;
- subject to different tax rates.
Advance payments on property tax are paid three times a year, based on the results of each reporting period - the first quarter, six months and 9 months.
The amount of the advance payment is calculated at the end of each reporting period in the amount of 1/4 of the product of the relevant tax rate and the average value of the property.
Features of the calculation of tax and amounts of advance payments in respect of property, in respect of which the tax base is determined by its cadastral value, are set out in Art. 378.2 of the Tax Code.
Pay attention!
For property in respect of which the tax is determined on the basis of the cadastral value, the month of transfer of the right is considered complete for the new owner only if the right arose before the 15th day inclusive. In this case, the previous owner does not take this month into account when calculating. If the transfer of ownership is registered after the 15th, the tax for that month is not paid by the new owner.
The terms and procedure for paying tax and advance payments are established by the laws of the constituent entities of the Russian Federation.
As a general rule, in respect of property on the balance sheet of a Russian organization, tax and advance payments are payable to the budget at the location of the taxpaying organization. For special cases, see Articles 384, 385, 385.1, 385.2 of the Tax Code of the Russian Federation.
Foreign organizations operating in the Russian Federation through permanent representative offices pay tax and advance tax payments to the budget at the place where the said permanent representative offices are registered with the tax authorities.
With regard to real estate objects, the tax base for which is determined as the cadastral value, tax and advance payments are paid at the location of the real estate.
Tax returns for the year are submitted no later than March 30 of the following year. At the same time, the amount of tax for the past year is paid.
The forms of the tax return and tax calculation for the advance payment were approved by the Order of the Federal Tax Service of the Russian Federation dated November 24, 2011 N ММВ-7-11/895. They are presented both in paper and electronic form.
Pay attention!
Taxpayers whose average number of employees for the previous calendar year exceeds 100 people, as well as newly created organizations whose number of employees exceeds the specified limit, submit tax returns and calculations only in electronic form. The same rule applies to the largest taxpayers.
You can see more about electronic reporting.
A complete list of federal electronic document management operators operating in a particular region can be found on the official website of the Office of the Federal Tax Service of Russia for the constituent entity of the Russian Federation.
Enrollment
100% is credited to the budget of the subject of the Russian Federation.
Corporate property tax in St. Petersburg
The tax on the property of organizations in St. Petersburg was introduced by the Law of St. Petersburg dated November 26, 2003 N 684-96. He approved the tax rates, the specifics of determining the tax base, the terms and procedure for paying advance payments, as well as an additional list of tax benefits.
The tax base is defined as the cadastral value of real estate objects:
- non-residential buildings (buildings, structures) with an area of more than 3000 sq.m, which are actually used for business, administrative or commercial purposes;
- non-residential buildings (buildings, structures) with an area of more than 3000 sq.m, which are actually used to accommodate retail facilities, catering facilities and (or) consumer services facilities;
- non-residential buildings (buildings, structures) with an area of more than 3000 sq.m, which are actually used simultaneously both for business, administrative or commercial purposes, and for the purpose of accommodating shopping facilities, catering facilities and (or) consumer services facilities;
- non-residential premises with an area of more than 3,000 sq.m, which are actually used to accommodate offices, retail facilities, public catering facilities and (or) consumer services;
- real estate objects of foreign organizations that do not operate in the Russian Federation through permanent representative offices;
- real estate objects of foreign organizations that are not related to the activities of these organizations in the Russian Federation through permanent representative offices.
The tax rate is set at 1% of the cadastral value of immovable property. The tax rate for real estate objects of foreign organizations that do not operate in the Russian Federation through permanent representative offices, as well as for real estate objects of foreign organizations that are not related to the activities of these organizations in the Russian Federation through permanent representative offices, is set at 0.7%.
The list of benefits provided for property tax includes more than 20 items. For example, the following are exempt from tax:
- public authorities of St. Petersburg,
- organizations whose main activity is the manufacture of special equipment that ensures the life of the disabled, as well as technical and other means of rehabilitation of the disabled,
- housing cooperatives, housing cooperatives, associations of homeowners, associations of homeowners - in relation to residential premises, as well as the common property of a residential building and property used to ensure the operation of an apartment building,
- horticultural, horticultural and dacha non-profit associations of citizens - in relation to property used to ensure the social and economic tasks of horticulture, horticulture and dacha farming,
- organizations - in relation to objects of the socio-cultural sphere used by them for the needs of culture and art, education, physical culture and sports, health care and social security,
- local governments - in relation to the property of children's and sports grounds, lawn fences and other green spaces,
- garage-building cooperatives - in relation to the property on their balance sheet,
- and a number of fairly decent list of organizations - their full list is indicated in article 4-1 of the law of November 26, 2003 N 684-96.
- Tax calculations for advance payments are submitted by taxpayers no later than 30 calendar days from the end date of the relevant reporting period. Advance payments are paid at the same time.
- From January 1, 2016, organizations - in relation to non-residential buildings (structures, structures) and non-residential premises actually used by them to accommodate baths and included in the list of real estate objects in respect of which the tax base is determined as the cadastral value.
Corporate property tax in Moscow
The corporate property tax in Moscow was introduced by Moscow Law No. 64 dated 05.11.2003. It approved tax rates, the specifics of determining the tax base, the timing and procedure for paying advance payments, as well as an additional list of tax benefits.
The tax base is defined as the cadastral value of real estate in relation to:
- administrative and business centers and shopping centers with a total area of over 3000 sq. meters and premises in them, if these buildings, with the exception of apartment buildings, are located on land plots, the use of which provides for the placement of office buildings for business, administrative and commercial purposes, shopping facilities, catering facilities and consumer services;
- detached non-residential buildings with a total area of over 2000 sq. meters and premises in them, actually used for business, administrative or commercial purposes, as well as for the purpose of accommodating shopping facilities, catering facilities and (or) consumer services facilities;
- non-residential premises located in multi-apartment buildings, the area of each of which is over 3000 square meters. meters actually used to accommodate offices, retail facilities, catering facilities and consumer services facilities;
- real estate objects of foreign organizations that do not operate in Russia through permanent representative offices, as well as real estate objects of foreign organizations that are not related to the activities of these organizations in Russia through permanent representative offices.
The tax rate is generally set at 2.2%. The tax rate for real estate objects, the tax base for which is determined as their cadastral value, is set at 1.3 percent.
The tax payment deadline is March 30 of the year following the expired tax period. Advance payments based on the results of the reporting period are paid no later than 30 calendar days from the end date of the corresponding reporting period.
Additional tax benefits are established by Article 4 of the Law of November 5, 2003 N 64. For example, the following are exempt from paying property tax in Moscow:
- autonomous, budgetary and government institutions of the city of Moscow and intracity municipalities
- public authorities of the city of Moscow and local governments in the city of Moscow;
- organizations of public urban passenger transport (except for taxis, including fixed-route) and metro, receiving appropriations from the budget of the city of Moscow;
- organizations that use the labor of disabled people, if the average number of disabled people among their employees for the tax and (or) reporting periods is at least 50 percent, and their share in the wage fund is at least 25 percent, housing cooperatives;
- housing construction cooperatives, associations of homeowners;
- and a number of other organizations - see article 4 of the law for a complete list.
Benefits are also provided for real estate objects, the tax base for which is determined as their cadastral value.
Property tax of organizations in the Leningrad region
The tax on the property of organizations in the Leningrad Region was introduced by the Regional Law of the Leningrad Region dated November 25, 2003 N 98-oz. It approved tax rates, terms and procedure for paying advance payments, as well as an additional list of tax benefits.
The corporate property tax rate is set at 2.2%. The tax rate in relation to real estate objects, the tax base for which is determined as the cadastral value in relation to real estate objects of foreign organizations that do not operate in the Russian Federation through permanent representative offices, as well as in relation to real estate objects of foreign organizations that are not related to the activities of these organizations in the Russian Federation through permanent representative offices, is set at 2.0%.
The tax rate in relation to state unitary enterprises providing engineering services (collection, purification and distribution of water, collection of wastewater, transmission of steam and hot water, transmission of electricity, railway transport services) to enterprises operating in the territory of the Leningrad Region, in terms of property, property not used in production, as well as property that does not bring any other income, provided that the proceeds from these types of activities are at least 70 percent of the total proceeds from the sale of products (works, services), is set at 0.4%.
The tax rate for scientific organizations that have entered into a state contract for the performance of research, development and technological work, as well as scientific organizations of the Russian Academy of Sciences and other academies of sciences with state status - in relation to their property, with the exception of property leased to rent or transferred to other legal entities and (or) individuals on other grounds, is set at 1.1%
Deadlines for tax payment and reporting.
The advance tax payment based on the results of the reporting period is paid no later than 35 days after the end of the reporting period.
The tax payable at the end of the tax period shall be paid by taxpayers before April 10 of the following year.
In the Leningrad region, a number of organizations are exempt from property taxation. For example:
- budgetary and autonomous institutions of the Leningrad region; housing cooperatives;
- housing-construction cooperatives, associations of homeowners, organizations for the production, processing and storage of agricultural products;
- religious organizations;
- some small business support organizations;
- organization of folk art crafts;
- and other enterprises - their complete list is established in article 3-1 of the law 98-oz.
Corporate property tax: what's new in 2017?
From January 1, 2017, the constituent entities of the Russian Federation are entitled to establish on their territory a privilege in relation to movable property, accepted from January 1, 2013 for accounting as fixed assets.
The exception is movable objects taken into account when:
- reorganization or liquidation;
- transfer to each other by related parties.
However, these exemptions do not apply to rolling stock produced from January 2013. Changes were made to paragraph 25 of Article 381 of the Tax Code of the Russian Federation.
The Code is also supplemented by Article 381.1 of the Tax Code of the Russian Federation, which establishes: if the region does not use this right, then from 2018 this benefit will no longer operate on its territory. The benefit established by paragraph 24 of Art. 381 of the Tax Code of the Russian Federation (in terms of property located in the Russian sector of the day of the Caspian Sea) will also be applied from January 1, 2018 only when the subject adopts the relevant law.
The changes are provided for by the Federal Law of November 30, 2016 N 401-FZ.
Pay attention!
When paying arrears for all taxes, from October 1, 2017, the rules for calculating penalties will change. In case of a long delay, large amounts of penalties will have to be paid - this applies to arrears that arose after October 1, 2017. Changes have been made to the rules for calculating penalties, which are established for organizations in paragraph 4 of Art. 75 of the Tax Code of the Russian Federation.
If, starting from the specified date, the payment is overdue by more than 30 days, the interest will be calculated as follows:
- based on 1/300 of the refinancing rate of the Central Bank of the Russian Federation, effective from the 1st to the 30th calendar days (inclusive) of such a delay;
- based on 1/150 of the refinancing rate of the Central Bank of the Russian Federation, relevant for the period starting from the 31st calendar day of delay.
In case of delay of 30 calendar days or less, the legal entity will pay penalties based on 1/300 of the refinancing rate of the Central Bank of the Russian Federation.
If arrears are paid before October 1, 2017, the number of days of delay does not matter, the rate in any case will be 1/300 of the Central Bank refinancing rate. Recall that since 2016 the refinancing rate is equal to the key rate.
Corporate property tax for legal entities belongs to the regional ones, its norms are enshrined in the Tax Code of the Russian Federation. And the clarifications are already reflected in the legislative acts of the Russian regional subjects. This means that in order to introduce this fee in their region, the authorities of the subjects are required to pass the necessary law.
The tax code defines such main points as:
- a list of organizations related to those who are obliged to pay property tax,
- objects of taxation,
- the maximum bet,
- calculation period,
- privileges,
- the manner in which the tax is calculated.
Regional regulatory acts of the authorities specify the rates. At the same time, they indicate in what order the payment should be made and in what time frame. They can also fix the list of applicable benefits.
Tax Code of the Russian Federation in article 374 defines all objects that should be subject to this tax. Therefore, those who have this property will be recognized as payers.
What is taxed on the property of legal entities in 2019
Any real estate is subject to taxation, in accordance with Article 374 of the Tax Code.
In addition, each object must be on the balance sheet of the legal entity in the "Fixed Assets" section. This also includes what is transferred under the terms of a contract of temporary use and trust management.
From January 1, 2017, the classifier of fixed assets for movable property has changed. Now, funds belonging to the first and second depreciation groups are not subject to property tax. Other movable assets accepted on the balance sheet are subject to tax calculation at the rate established in the region. The organization is obliged to pay it to the budget.
On the balance sheet of legal persons may take into account the fixed assets that are transferred to him in the management of operational or economic management. They are also subject to accounting when deriving the amount of tax. It is paid by the balance holder.
Let us clarify for which property categories of payers are required to pay tax:
- in terms of those fixed assets that are included in the balance sheet, legal entities, both Russian and foreign, conducting their financial and economic activities within Russia with the participation of a representative office;
- in terms of real estate located in Russia and owned by them and other foreign legal entities. persons without a permanent establishment in the Russian Federation.
What property does not have to pay corporate property tax?
From the beginning of the tax period in 2019, movable property of organizations is not recognized for taxation.
The list of non-taxable property includes objects (clause 4, article 374 of the Tax Code of the Russian Federation):
- Having an official status and classified as a cultural heritage of the peoples of Russia (paintings, sculptures, monuments of culture and history, and others listed in Federal Law No. 73-FZ of June 25, 2002).
- Managed by the operational authorities of the Federation, as well as ships named in the international register of ships.
- All objects of nature management (natural resources, including water bodies).
- Nuclear storage.
- Nuclear ships and installations, nuclear installations, space objects, icebreakers.
- Fixed assets on the balance sheet of the organization related to 1 and 2 depreciation groups.
Corporate property tax in 2019 for legal entities. Calculation, formulas
The property tax rate is set by the laws of the constituent entities of the Russian Federation, but it cannot exceed the limit of 2.2%. Such a restriction is reflected in Article 380 of the Tax Code of the Russian Federation.
The rate may be lower or equal to it in different territories of the country. The exact figure applied directly to your territory can be clarified at the tax office or the official website of the Federal Tax Service.
To understand the principle of calculating property tax, you need to understand the algorithm of actions:
- Clarify all objects on the balance sheet in the "Fixed Assets" section, whether they are included in the taxable base.
- at the local and federal levels.
- Determine the tax base and the regional rate, in relation to the region.
- Withdraw the amount payable.
The calculation is applied taking into account the book value, then the concept of the residual value of the property is involved here. Calculated at the beginning of each month. At the level of local authorities, reporting periods are established (quarterly, half a year, 9 months) in the form of making advance amounts and interim reports.
According to the average annual value of the property
To correctly determine the amount of the advance, you need to determine the average annual value of the property.
Property Tax = Average Quarterly Value × Tax Rate / 4.
According to the cadastral value of the property
A cadastral valuation of an immovable object is taken, which is set on January 1 of the reporting year.
Property tax = Cadastral value × Tax rate
If we talk about the advance system, then the payment will be equal to the annual amount divided by 4.
An organization that is not obliged to pay advances pays the full amount at the end of the year. When paying advances, as a result, the previously paid preliminary contributions should be deducted from the annual amount.
How to calculate the average property value (average annual)?
The basis for determining the amount of property tax is the average annual value of the property.
∑ Wed. year. = (∑rest. start M1 + ∑rest. start M2 + … + ∑rest. start M12 + ∑rest. end M12) / 13
The residual value is calculated on the 1st day of all months of the reporting period separately and the residual value at the end of the year. These figures are cumulative. Subsequently, the resulting figure is divided by 13 months.
Calculation example:
Inifiti LLC owns fixed assets subject to property tax, the book value of which as of January 1, 2019 is 1,250,000 rubles. Due to the introduction and withdrawal of assets, as well as taking into account depreciation, the cost changed monthly, which can be seen on the balance sheet below in numbers:
- February 1, 2019 - 1,150,000 rubles;
- March 1, 2019 - 1,050,000 rubles;
- April 1, 2019 - 1,250,000 rubles;
- May 1, 2019 - 910,000 rubles;
- June 1, 2019 - 1,150,000 rubles;
- July 1, 2019 - 1,050,000 rubles;
- August 1, 2019 - 910,000 rubles;
- September 1, 2019 - 810,000 rubles;
- October 1, 2019 - 710,000 rubles;
- November 1, 2019 - 910,000 rubles;
- December 1, 2019 - 1,050,000 rubles;
- December 31, 2019 - 1,150,000 rubles.
Calculate the average annual value of the property of Inifiti LLC
for 2019: (3,450,000 + 3,110,000 + 2,430,000 + 3,110,000) / 13 = 930,000 rubles.
Tax Base = 930,000 × 2.2% / 4 = 5,115 rubles
How to report on the property tax of legal entities in 2019?
The tax report is a declaration in the form of KDN 1152026. In 2018, a new version of the report on the use of the 1st quarter of 2019 is valid.
For 2017, organizations will need to complete a new property tax return form. One of the significant changes is the addition of a new section 2.1 “Information on real estate objects taxed at the average annual value”. It provides lines for entering the cadastral number, OKOF code, the residual value of the real estate object.
The form and the procedure for filling it out were approved by order of the Federal Tax Service of Russia dated March 31, 2017 No. ММВ-7-21 / [email protected] which entered into force on June 13, 2017.
Property tax benefits set by regions
Federal Law No. 401-FZ of November 30, 2016 clarified that the right to establish property tax benefits was given to the regions (clause 25, article 381, new article 381.1 of the Tax Code of the Russian Federation).
If the region in 2017 does not issue a law on exemption from taxation of movable property, registered as fixed assets from January 1, 2013, then starting from January 1, 2018, this benefit will not be valid on its territory.
The same approach to some "exemptions" from corporate property tax - in relation to property located in the Russian part (Russian sector) of the bottom of the Caspian Sea. This benefit is also valid if the relevant law of the subject of the Russian Federation is adopted.
And, finally, a privilege that gives the right to apply the lowest cadastral value in relation to "commercial" real estate as a tax base.
Recall that in the general case, to apply the lowest cadastral value of real estate received from January 1, 2014 or from January 1 of the year in which the cadastral value first began to operate for tax purposes, if as of January 1, 2014 the cadastral value was absent or not applied, it is possible from January 1, 2017 to January 1, 2020 (Article 19 of the Federal Law of July 3, 2016 No. 360-FZ).
Law No. 401-FZ clarifies that the decision to apply this rule must be made by the state authority of the constituent entity of the Russian Federation no later than December 20, 2016. If this did not happen, then the lowest cadastral value in the region cannot be applied.
If the object is not included in the list before January 1, we pay tax from the next year
The rules for paying property tax on the cadastral value have been changed if information about the property was not entered into the register before January 1 (subparagraph “e”, paragraph 57, article 2 of the Federal Law of November 30, 2016 No. 401-FZ).
For objects that are not included in the regional lists before January 1, you need to pay tax at the cadastral value only from next year. But from January 1, 2017, only administrative and non-residential premises remain in this list. For residential premises, the tax, based on the cadastral value, must be paid regardless of when they were included in the list.
How to recalculate property tax after changing the cadastral value
Clause 15 of Article 378.2 of the Tax Code of the Russian Federation allows for a change in the cadastral value of an object if a technical error is detected in the tax period when this error was detected. From January 1, 2017, a change in the cadastral value is possible if not only a technical error is detected, but also any other, as a result of which the cadastral value was determined erroneously. And in this case, the cadastral value of the object for tax purposes can also be changed in the tax period when the error was detected.
Since 2017, changes have been made to the procedure for calculating corporate property tax. Now, for objects that are not included in the regional lists before January 1, you need to pay tax at the cadastral value only from next year. The exception is residential buildings. They will have to pay tax regardless of when they were included in the list. The rest of the property tax has not changed.
What is taxed on the property of legal entities in 2017
Property tax for legal entities in 2017 must be paid on movable and immovable property, which the company reflected in accounting as part of fixed assets. Recall that fixed assets include property that (clause 4 PBU 6/01 “Accounting for fixed assets”):
will be used in production, for management purposes or rented out;
will use over 12 months;
the company does not plan to resell the property;
able to generate income for the organization in the future.
Important! Companies on the simplified tax system or UTII pay tax only on real estate that is officially registered in the cadastral list of the region.
When paying property tax for legal entities in 2017 from real estate, several features must be taken into account.
The tax base is the cadastral value, not the residual.
If the organization owns housing, property tax must be paid, even if it is not listed on the balance sheet.
The tax must be calculated on the basis of the cadastral value only if the organization is the owner of this property or has received the property on the right of economic management.
What property does not have to pay corporate property tax in 2017 for legal entities?
Conventionally, fixed assets from which it is not necessary to pay property tax on legal entities in 2017 can be divided into two groups.
First group. Property that is subject to the benefits of federal and regional legislation. At the same time, federal benefits apply to everyone.
For example, enterprises whose authorized capital consists entirely of contributions from all-Russian public organizations of the disabled (clause 3 of article 381 of the Tax Code of the Russian Federation) have a property tax exemption. But such enterprises must meet two requirements:
the average number of disabled people among their employees is at least 50%;
the share of wages of disabled employees is at least 25% in the total wage fund.
In addition, these enterprises cannot count on a property tax exemption in relation to:
fixed assets used for the production and (or) sale of excisable goods, mineral raw materials and other minerals;
fixed assets used for the production and (or) sale of goods listed in the list approved by Decree of the Government of the Russian Federation of February 18, 2004 No. 90.
Second group. Property that is not recognized as an object of taxation by virtue of paragraph 4 of Article 374 of the Tax Code of the Russian Federation. For example, land plots and other objects of nature management, fixed assets included in the first or second depreciation group.
Corporate property tax in 2017 for legal entities. Calculation, formulas
The tax on property of legal entities in 207 companies consider independently. Depending on what property value - cadastral or average annual - is the tax base, the tax must be calculated according to one of the following formulas:
Property tax with residual value \u003d Average cost of fixed assets for the reporting period x Tax rate: 4
Property tax on cadastral value = Cadastral value of property x Tax rate: 4
The maximum property tax rate is defined in the Tax Code. For 2017, it is 2.2%, for cadastral real estate - 2%. Regions have the right to lower rates. For example, in Moscow the tax rate on cadastral real estate is set at 1.3 percent. Moreover, for some real estate objects, this rate is applied with a coefficient of 0.1. This follows from the provisions of subparagraph 1 of paragraph 1.1 of Article 380 of the Tax Code of the Russian Federation and Articles 2 and 3 of the Law of the City of Moscow dated 05.11.2003 No. 64.
Corporate property tax in 2017 for legal entities. How to calculate the average (average annual) value of property in 2017?
Before paying corporate property tax in 2017, you need to determine the average (average annual) value of the property. To do this, use the following formulas.
The formula for calculating the average value of property for the reporting period:
Example. Determine the average value of the property for 1 quarter. In Alpha LLC, the residual value of fixed assets that are taxed is:
As of 01/01/2017 - 5,000 rubles;
as of February 1, 2017 - 4,340 rubles;
as of March 1, 2017 - 3,600 rubles;
as of 04/01/2017 - 3,540 rubles.
The accountant determined the average value of the property for the 1st quarter of 2017. It is equal to 4120 rubles. [(5000 rubles + 4340 rubles + 3600 rubles + 3540 rubles) : (3 + 1)].
When calculating the average annual value of property for the tax period, use the following formula:
Determine the residual value of the property using the formula:
Determine the residual value of the property according to accounting data. Consider also the transactions that were reflected in the accounting on December 31. From the residual value, exclude the amounts of estimated liabilities for the liquidation of fixed assets and restoration of the environment (if such costs were included in the initial cost when the object was registered).
Corporate property tax in 2017 for legal entities. When to pay property tax in 2017?
The deadlines for paying property tax are set by the regional authorities - paragraph 1 of Article 383 of the Tax Code of the Russian Federation. During the year, companies pay advance tax payments, if they are prescribed in the laws of the subject.
Recall that the reporting periods for the property tax of legal entities in 2017 depend on the basis on which the tax is calculated based on the value of the property of the organization (clause 2 of article 379 of the Tax Code of the Russian Federation).
The value of the property, on the basis of which the tax is calculated Reporting periods
Average annual cost 1 quarter, half year, 9 months
Cadastral value 1st quarter, 2nd quarter, 3rd quarter
Corporate property tax in 2017 for legal entities. How to report on the property tax of legal entities in 2017?
According to the results of the reporting periods, the companies submit the calculation of advance payments. At the end of the year, they submit a declaration on property tax.
Calculations of advance payments for property tax must be submitted at the end of each reporting period. Deadline - no later than 30 days after the reporting period.
For example, a property tax calculation for the 1st quarter of 2017 must be sent to the IFTS no later than May 2, 2017 (the deadline is postponed due to weekends and holidays).
The declaration at the end of the year must be submitted to the IFTS no later than March 30 of the next year (clause 3 of article 386 of the Tax Code of the Russian Federation).