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Banking law. Taxation of credit organizations VAT (most important)

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60. Taxation of credit organizations with VAT

VAT is a federal indirect tax. Taxpayers of value added tax are organizations, individual entrepreneurs and persons recognized as taxpayers of value added tax in connection with the movement of goods across the customs border of the Russian Federation, determined in accordance with the Labor Code of the Russian Federation.

Foreign organizations are registered with the tax authorities as taxpayers at the location of their permanent representative offices in the Russian Federation. Registration is carried out on the basis of a written application of a foreign organization.

The objects of VAT taxation are:

1) the sale of goods, works (services) on the territory of the Russian Federation, including the sale of pledged items and the transfer of goods (the results of work performed, the provision of services) under an agreement on the provision of compensation or innovation; transfer on the territory of the Russian Federation of goods (performance of work, provision of services) for own needs, the costs of which are not deductible (including through depreciation) when calculating corporate income tax;

2) performance of construction and installation works for own consumption;

3) importation of goods into the customs territory of the Russian Federation.

At the same time, for the purposes of VAT taxation, the seizure of property by confiscation is not recognized as the sale of goods (works, services); transactions related to currency circulation; investment operations, etc.

The tax base for the sale of goods (works, services) is determined by the taxpayer depending on the specifics of the sale of goods (works, services) produced by him or acquired on the side.

In cases where the sale (transfer, performance, provision for own needs) of goods (works, services) by taxpayers apply different tax rates, the tax base is determined separately for each type of goods (works, services) taxed at different rates. With the same tax rates, the tax base is determined in total for all types of transactions taxed at this rate.

VAT tax period - calendar month. But if a taxpayer's monthly proceeds from the sale of goods (works, services) excluding VAT does not exceed one million rubles during a quarter, the tax period for him is a quarter.

Differentiated tax rates are provided for value added tax:

1) a preferential tax rate of 0% (services for the carriage of passengers and baggage, provided that the point of departure or destination of passengers and baggage is located outside the territory of the Russian Federation, when registering transportation on the basis of unified international transportation documents, etc.);

2) 10% - used in the sale of a wide range of food products, goods for children, medical products of domestic and foreign production;

3) 18% - applied in other cases.

In addition, tax rates are used, defined as the percentage of the tax rate (10, 18%) to the tax base, taken as 100 and increased by the corresponding tax rate. They are used when receiving funds related to payment for goods (works, services) - for example, advance or other payments; withholding tax by tax agents; sale of property acquired on the side and accounted for with tax; sales of agricultural products and products of its processing.

The amount of value added tax payable is calculated as a percentage of the tax base corresponding to the tax rate.

As a general rule, tax is paid at the end of each tax period no later than the 20th day of the month following the expired tax period.

Author: Belousov D.S.

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