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Banking law. Taxation of credit organizations with a single social tax (the most important)

Lecture notes, cheat sheets

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59. Imposition of corporate property tax on credit institutions

Corporate property tax is regional and is obligatory for payment in the territory of the corresponding subject of the Russian Federation.

Corporate property tax payers, among others, are Russian banks and other credit institutions and foreign credit institutions operating in the Russian Federation through permanent representative offices and (or) owning real estate in the territory of the Russian Federation.

The objects of taxation are:

1) for Russian credit institutions - movable and immovable property recorded on the balance sheet as fixed assets;

2) for foreign credit institutions operating in the Russian Federation through permanent representative offices - movable and immovable property related to fixed assets, for other foreign organizations - real estate located on the territory of the Russian Federation, owned by them. Land plots and other objects of natural resources are not subject to taxation.

The tax base is defined as the average annual value of property recognized as an object of taxation. This takes into account its residual value, formed in accordance with the accounting procedure approved in the accounting policy of the organization. If depreciation is not provided for individual items of fixed assets, the value of the items for tax purposes is determined as the difference between their initial cost and the amount of depreciation calculated according to the depreciation rates for accounting purposes at the end of each tax period. The tax base for real estate objects of foreign organizations is the inventory value of objects according to the data of technical inventory bodies.

tax period the calendar year is recognized, and the first quarter, six months and nine months of the calendar year are recognized as reporting periods.

Tax rates are established by the laws of the constituent entities of the Russian Federation, however, the maximum rate for corporate property tax is 2,2%.

The procedure for calculating the amount of tax and the amounts of advance payments is as follows:

1) the amount of tax is calculated based on the results of the tax period as the product of the relevant tax rate and the tax base determined for the tax period;

2) the amount payable to the budget at the end of the tax period is determined as the difference between the tax amount and the amounts of advance tax payments calculated during the tax period;

3) the amount of tax payable to the budget is calculated separately in respect of property subject to taxation at the location of the organization, in respect of the property of each separate subdivision of the organization that has a separate balance sheet, in respect of each immovable property located outside the location of the organization, separate subdivision of the organization having a separate balance sheet, or a permanent establishment of a foreign organization, as well as in respect of property taxed at different tax rates;

4) the amount of the advance tax payment is calculated based on the results 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 determined for the reporting period;

5) the amount of the advance tax payment in respect of immovable property of foreign organizations is calculated after the expiration of the reporting period as 1/4 of the inventory value of the immovable property as of January 1 of the year that is the tax period, multiplied by the appropriate tax rate.

Author: Belousov D.S.

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