You can not pay income tax if…
To innovators in profit
New benefits have appeared in the Tax Code
Tatiana Zykova, Rossiyskaya Gazeta 08.06.2011
Educational and medical institutions have been granted the right not to pay income tax if their expenditures on scientific research account for 90 percent of all income received.
Today "RG" publishes amendments to the Tax Code. Earlier, we recall that tax breaks were introduced – an opportunity for individual companies to increase spending on research and development (R&D) by 1.5 times when calculating income tax. Thus, the payment amount is reduced. Now this norm is spelled out more clearly.
In total, amendments were made to 14 articles of the first part of the Tax Code, the chapters "Corporate Income Tax" and "Corporate Property Tax" were amended, Vyacheslav Novikov, Deputy Chairman of the Federation Council Budget Committee, told RG.
And he explained that there is a lot of debate about what expenses can be attributed to R&D. Now everything is very clear. These are only those that relate to the creation of new or improved technologies, goods, works, services, methods of organizing production and management. The list of R&D expenses has also been clarified. Expenses for the remuneration of employees participating in research for the time they are engaged in them are allocated.
The procedure has also been stipulated according to which taxpayers with the right to apply an increasing coefficient, in confirmation of the declared expenses, together with the tax return, will submit another special report to the Federal Tax Service from 2012. In it, they are required to confirm each completed scientific research and experimental development. "It will now be somewhat more difficult for them to justify their expenses," predicts Anton Sonichev, a lawyer at the Taxman law firm. Moreover, the tax authorities have received the right to conduct an examination of reports for reliability.
"Since it is difficult for tax officials to deal with innovations, they will really be able to attract independent experts," Vyacheslav Novikov confirmed. The examination can be carried out. However, the senator found it difficult to answer the question at whose expense – the taxpayers being checked or the tax authorities – the experts will work. By the way, they forgot about this "technical" nuance in the amendments.
As for the new article that allows taxpayers to create and take into account reserves for upcoming R&D expenses, this is done in order to optimize the payment of income tax and distribute expenses more evenly over the tax period. "Reserves are created separately for each research and development development. The term of creation of the reserve is determined by the period of R& D, but not more than two years. The size of the reserve cannot exceed the costs (estimates) planned for the implementation of the development," Anton Sonichev explains. According to him, the zero income tax rate will be applied by educational and medical institutions whose income from such activities and R&D accounts for at least 90 percent of the income received, and at least 15 people are registered in the state. Moreover, for medical staff, at least half of the staff must always be certified specialists. "In order to receive a benefit, they only need to submit the necessary documents by the end of 2011, and it will be granted to them retroactively, from January 1, 2011," Sonichev advises.
Finally, another new preferential rule concerns the abolition of property tax for organizations that put into operation facilities with high energy efficiency. The list of such facilities is approved by the Government. The benefit is valid for 3 years from the moment the property is registered.
Federal Law of the Russian Federation No. 132-FZ of June 7, 2011 "On Amendments to Article 95 of Part One, Part Two of the Tax Code of the Russian Federation regarding the Formation of Favorable Tax Conditions for Innovation and Article 5 of the Federal Law "On Amendments to Part Two of the Tax Code of the Russian Federation" and Certain Legislative Acts of the Russian Federation Federation" is published on the website of "RG".
Portal "Eternal youth" http://vechnayamolodost.ru09.06.2011