CrimeaPRESS reports:
From the new year, taxpayers using the simplified taxation system can expect changes related to the payment of value added tax.
According to the provisions of Law No. 176-FZ, from January 1, taxpayers using the simplified taxation system become VAT payers. This follows from Article 346.11 of the Tax Code of the Russian Federation in the updated version.
The legislation provides that exemption from the obligation to calculate and pay value added tax is provided for taxpayers:
- income, which for the previous tax period does not exceed in total 60 million rubles;
- newly created organizations and individual entrepreneurs who switched to the simplified tax system immediately after creation.
When calculating the limit that gives the right to exemption from VAT, income in the form of positive exchange rate differences, as well as income in the form of subsidies received from the gratuitous transfer of property to state or municipal ownership, are not taken into account.
If the limit of 60 million is exceeded, then the right to choose the VAT rate is granted:
- 5 % — if the total income for the previous calendar year did not exceed 250 million rubles
- 7% — if the total income for the previous calendar year did not exceed 450 million rubles.
- 20 (10) % — at the taxpayer’s discretion.
The choice of reduced rates is the right of the taxpayer using the simplified tax system, in connection with which he can apply both reduced rates and the generally established ones — 20% (10%), depending on the type of transactions.
There is no need to notify the tax authority about the transition to the application of a VAT rate of 5% or 7%.
According to general rules, payers of the simplified tax system, having become VAT payers, are required to keep a sales book based on issued invoices. If the taxpayer has chosen the generally established VAT rate of 20%, he has the right to use tax deductions. Organizations and entrepreneurs applying rates of 5% and 7% do not have the right to a VAT deduction for purchased goods, works, services. If the payer switches from the general taxation system to the simplified tax system and begins to apply rates of 5% and 7%, then the VAT previously accepted for deduction should be restored.
The choice of VAT rate is individual for each taxpayer, which is recommended to be made taking into account:
— the ratio of the amount of VAT deduction and the calculated tax;
— types of goods sold (essential goods and items of social importance — 10% or building materials at a rate of 20%);
— object of the simplified tax system (Income or Income minus expenses).
It should be noted that taxpayers are required to apply the 5% or 7% tax rate for at least 12 consecutive tax periods, starting from the first tax period for which a tax return is submitted.
source: press service of the Federal Tax Service of Russia in Sevastopol
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