Income tax from legal entities. What is the corporate income tax rate? Tax period for income tax

Income tax is mandatory for all legal entities that are on the general taxation system. It is calculated by summing up the profit from all activities of the company and multiplying by the current rate.

Legal basis

The procedure for calculating and paying corporate income tax, the tax rate for enterprises of all forms of ownership are specified in Ch. 25 of the Tax Code of the Russian Federation. Regional acts regulate the process of applying tax benefits. Lawyers and accountants in their work also apply the explanations of the Ministry of Finance and the Federal Tax Service in relation to certain paragraphs of regulations.

Subjects and objects

Tax payers are:

• Russian organizations involved in the gambling business, as well as those that do not use the simplified tax system, UTII, ESHN.
• Foreign organizations that receive income on the territory of the Russian Federation.
• Consolidated group members.

Exempted from taxation are enterprises that pay UTII, USN, ESHN. If the volume of their annual sales exceeds the legal limits, then enterprises must pay corporate income tax, the rate of which exceeds the legal limits. Also excluded in 2017 are organizations involved in the preparation and holding of FIFA 2018 in the Russian Federation.

The basis for the calculation is the profit of the organization. In Art. 247 of the Tax Code of the Russian Federation it is said that profit:

• for domestic organizations and representative offices of foreign companies - this is the amount of income received by the enterprise (its representative office), reduced by the costs incurred;
• the amount of total profit calculated for this participant;
• for other foreign organizations - this is the amount of funds recognized as income under Art. 309 NK.

Income and expenses

Income is the economic benefit from the activities of the organization, expressed in kind or in cash. This is the sum of all receipts of the organization, excluding expenses and taxes that are presented to buyers (for example, VAT). They are determined by the data of primary documents. Proceeds are divided from sales and non-operating income.

When the corporate income tax is calculated, the tax rate does not take into account receipts:

• from gratuitously received property;
• capital contributions;
• assets received under loan agreements;
• property received under targeted financing.

Expenses are reasonable and documented expenses incurred by the taxpayer, provided that they were used to generate income. When an organization's income tax is calculated, the tax rate, the costs do not include the amount of fines, sanctions, penalties, dividends, payments for excess emissions of substances, expenses for voluntary insurance, material assistance, pension supplements, etc. A complete list of amounts that excluded from expenses, presented in Art. 270 of the Tax Code of the Russian Federation. Normalized expenses can be written off not completely, but partially. Since 2017, the amounts spent on assessing the level of qualifications of employees can also be attributed to expenses. However, there is one important condition: the employee must confirm his consent to the assessment of the level of qualification in writing.

Reporting periods

On the profit of organizations is set in a fixed amount. Reports on the accrual of the amount of the fee must be submitted for 6, 9 and 12 months. Advance payments should be transferred to the budget on a monthly basis. Since 2016, the average quarterly amount of income from sales has been increased to 15 million rubles.

The tax base

How is corporate income tax calculated? The tax rate is multiplied by the difference between receipts and expenditures. If the amount of receipts is less than the amount of expenses, then the base is equal to zero. Profit is determined on an accrual basis from the beginning of the calendar year. Since the legislation prescribes certain types of corporate income tax rates, then revenues must be considered separately for each type of activity.

The Tax Code spells out the features of determining income and expenses for different categories of payers: banks, insurance companies (Article 293), non-state PF (Article 295), microfinance organizations (Article 297), professional participants of the securities market (Article 299), operations with the Central Bank (Article 280), urgent financial transactions (Article 305), clearing organizations (Article 299). Gambling business organizations keep separate records of income and expenses. Only economically justified expenses that are documented are taken into account.

What is the corporate income tax rate?

The amount of the paid fee is transferred to the federal and local budgets. Since 2017, there have been changes in the distribution of interest. The basic corporate income tax rate has not changed and is 20%. Previously, 2% of the amount paid went to the federal budget, and 18% remained in the local. A new scheme has been introduced from 2017 to 2020. The amount of tax calculated at the rate of 3% will be transferred to the federal budget, and 17% to the budget of the constituent entities of the Russian Federation. Regional authorities may reduce the fee rate for certain categories of payers. In 2017-2020, it cannot be less than 12.5%.

Exceptions

For certain types of income, the corporate income tax rate is:

• Income of foreign companies from the use, leasing of containers, mobile vehicles, international transportation - 10%.
• The income tax rate of a foreign organization through a representative office not related to activities in the Russian Federation is 20%.
• Dividends of Russian organizations - 13%. The full amount of taxes remains in the local budget. Dividends received by foreign companies are taxed at a rate of 15%. This also includes interest income on state securities.
• Receipts from Russian Central Banks, which are recorded on depo accounts - 30%.
• Profit of the Bank of Russia - 0%.
• Profit of agricultural producers - 0%.
• Profits of organizations engaged in medical, educational activities - 0%.
• Income from the operation associated with the sale of a share of the authorized capital - 0%.
• Receipts from works carried out in the promotional economic zone, tourist and recreational zone, subject to separate accounting of revenues and costs - 0%.
• The income of the regional investment project, provided that they do not exceed 90% of all income - 0%.

Reporting

At the end of each tax period, the organization must provide a Report Form and the rules for its preparation are approved by Order of the Federal Tax Service N MMV-7-3 / 600. The declaration is submitted to the inspection at the location of the enterprise or its division. The report is submitted on paper. The electronic declaration can be submitted by the largest taxpayers, as well as organizations in which the average number of employees for the previous year was more than 100 people.

2017 tax changes

The amount of the allowance for doubtful debts must be less than 10% of revenue for the previous or reporting period. A doubtful debt is a debt that exceeds the amount of a counter liability. If an organization has receivables and payables to one counterparty, then only an amount exceeding accounts payable can be written off for doubtful debts.

The amount of loss to be carried is limited. From 01/01/2017 to 12/31/2020, losses from previous periods cannot be reduced by more than 50%. This change does not affect the base to which tax credits apply. The changes relate to losses incurred after 01.01.2007.

Since 2017, the restriction on the transfer of amounts of losses incurred after 01/01/2007 has been lifted. The transfer can now be carried out for all subsequent years. Changes relating to the adjustment of the amounts of taxes transferred to the state and local budgets should be reflected in the declaration and payments. These documents must clearly reflect which amounts are paid at a rate of 3%, and which - at a rate of 17%.

There are more reasons for recognizing debt as consolidated. For example, there are two interdependent foreign organizations (one of the organizations is the founder of the second). Before one of them, the Russian enterprise had a debt obligation. In this case, the debt is recognized as consolidated. And it doesn't matter what share of the capital the foreign creditor company owns. Now the consolidated debt is determined by the amount of all taxpayer obligations.

If during the reporting period the capitalization ratio has changed, then the question of adjusting the tax base may arise. From 2017, controlled debt expenses do not need to be recalculated. As mentioned earlier, the amount of expenses can include the costs incurred to assess the level of qualifications of employees. To encourage such reviews, provisions will be developed to account for the cost of valuations. The enterprise will be able to take into account the costs if the assessment was carried out on the basis of a service agreement, and an employment contract was concluded with the subject.

The procedure for calculating penalties on tax has been changed, and the amount of penalties has been increased. The changes apply to delays that occur after 10/01/2017. If you delay the tax payment deadline by more than 30 days, then the amount of interest will have to be calculated according to the following algorithm:

• 1/300 of the Central Bank rate, valid from 1 to 30 days of delay;
• 1/150 of the Central Bank rate effective from 31 days of delay.

In this article, we will talk about what is the income tax rate. Formula for calculating income tax:

Income tax = Tax base * Tax rate / 100%,

As already mentioned above, the tax base is the monetary expression of profit = income - expenses. About taxable, we talked in a previous article. Now let's talk about the second component in the formula for calculating income tax, that is, let's deal with tax rates. So what are the income tax rates?

There are several tax rates, all of which are detailed in Art. 284 of the Tax Code of the Russian Federation. Here I will briefly describe what rates apply for a particular type of income.

Key information on income tax infographic

The figure below discusses the basic concepts of income tax: interest rates, payers, tax and reporting period.

income tax. Rate 20%

It is applied in the general case when the rates indicated below are not applied (clause 1 of article 284): 2% - is credited to the federal budget, 18% - is credited to the budget of the constituent entities of the Russian Federation.

income tax. Rate 0%

• for medical and educational institutions (Art. 284 p. 1.1);

• for agricultural and fishery producers, if they meet the criteria specified in Art. 346.2 p.2.;

• dividends, if the organization receiving dividends has a share in the authorized capital of the organization paying dividends, more than 50% (clause 3.1 of article 284);

• bonds issued before 1997 (clause 4.3 of article 284).

income tax. Rate 9%

• on received dividends that do not fit the 0% rate (clause 3.2 of article 284), in 2015 this rate will increase to 13%, read about the taxation of dividends;

• municipal securities issued before 2007 (clause 4.2 of article 284).

income tax. Rate 15%

• dividends from foreign organizations (clause 3.3 of article 284);

• government securities issued after 2007 (clause 4.1 of article 284).

income tax. Rates 10% and 20%

• apply to foreign companies (clause 2 of article 284).

Now, knowing how to determine the tax base, and knowing the income tax rates, you can calculate the amount of income tax and pay it to the budget.

The amount of income tax is determined as the product and the tax rate. And what percentage is the rate, and what rates are generally used when calculating this tax?

We will tell you about income tax rates in 2019 in our material.

Basic income tax rate - 20%

The main income tax rate has not changed since 01/01/2019 and is 20% (clause 1, article 284 of the Tax Code of the Russian Federation). Recall that the distribution of profits for the federal and regional parts for 2017-2024 is as follows:

• 3% of the tax is credited to the federal budget;
• 17% of the tax is credited to the budget of the constituent entity of the Russian Federation.

Recall that before January 1, 2017, the distribution between budgets was 2% and 18%, respectively.

For certain categories of organizations, the rate of income tax credited to the regional budget may be reduced by the laws of the constituent entities of the Russian Federation. So, for example, the regional income tax rate in 2018-2020. in Moscow for organizations with the status of a vehicle manufacturer is 12.5% ​​(clause 1, article 1 of the Law of Moscow dated May 17, 2018 No. 12).

Other income tax rates in 2019

Income tax payers are both Russian companies and foreign organizations that operate in Russia through permanent representative offices and receive income from sources in our country.

Companies pay annual tax once at the end of the tax period, and during the year they transfer advances. The amount of tax accrued for the year is transferred to the budgets no later than March 28 of the next year. You can find out how to calculate income tax at this link.

You can transfer advance payments for income tax in one of three ways:

• monthly based on the profit received in the previous quarter;
• monthly based on actual profit;
• quarterly.

The following persons are entitled to pay advances only at the end of the quarter:

• companies that report quarterly and whose sales revenue did not exceed RUB 60 million in the previous four quarters;
• the budgetary and autonomous institutions specified in paragraph 3 of Article 286 of the Tax Code, as well as non-profit organizations.

As a general rule, the income tax rate is 20 percent. Moreover, 3 percent is sent to the federal budget, and 17 percent to the regional. But this is not the only option. Income tax rates depend on the type of income. You can view all tax rates at this link.

To calculate the amount of income tax, determine the tax base (clause 1, article 286 of the Tax Code). The tax base is determined on an accrual basis from the beginning of the year until its end (clause 7 of article 274 of the Tax Code). Then, multiply the tax base by the tax rate.

Calculate the tax at a rate of 20 percent and advance payments on it in separate amounts for transfer to the federal and regional budgets.

An example of income tax calculation:

The reporting period for corporate income tax is a quarter. The regional income tax rate is 17 percent.
The organization's income in the first quarter, taxable at a rate of 20 percent, amounted to 1,200,000 rubles, and the expenses associated with obtaining these incomes amounted to 2,000,000 rubles. Thus, in the first quarter, the organization received a loss of 800,000 rubles. (2,000,000 rubles - 1,200,000 rubles). The tax base and advance payment of income tax for the first quarter are 0.
The income of the organization in the II quarter, taxable at a rate of 20 percent, amounted to 2,500,000 rubles, and the costs associated with obtaining these incomes - 1,000,000 rubles. Therefore, at the end of the six months, the income and expenses of the organization are:
- income - 3,700,000 rubles. (1,200,000 rubles + 2,500,000 rubles);
- expenses - 3,000,000 rubles. (2,000,000 rubles + 1,000,000 rubles).
The tax base for the half year is 700,000 rubles. (3,700,000 rubles - 3,000,000 rubles). The advance payment for income tax for this reporting period is:
- to the federal budget - 21,000 rubles. (700,000 rubles × 3%);
- to the regional budget - 119,000 rubles. (700,000 rubles × 17%).

Articles on the topic "Income Tax":

Income tax is a direct tax that depends on the results of work minus expenses. The amount of tax is calculated separately for each type of transaction. The procedure for paying tax depends on the rate, which in turn depends on the type of income. 17926