The content of the article
- Does an individual entrepreneur pay property tax
- On the main tax system
- In special modes
- Objects of taxation
- Tax liability conditions
- IP property tax exemption
- Used for personal purposes
- Used for business
- IP taxation in special modes
- Simplified System (USN)
- Single imputed income (UTII)
- Patent System of Taxation (PSN)
- Real estate tax at cadastral value
- Tax rate and due date
In accordance with the Tax Code of the Russian Federation, taxes must be paid by everyone, including individual entrepreneurs. By law, they are ranked as individuals, so they pay tax deductions for the same acts as they. In addition to the main taxation system, individual entrepreneurs can choose simplified modes, each of which assumes its own requirements and conditions.
Does an individual entrepreneur pay property tax
Property tax refers to local taxes, calculated by the tax service and paid according to the receipt received until December 1 of the year following the reporting one. An individual entrepreneur is a natural person, therefore, regarding the payment of a deduction, the norms of Article 400 of the Tax Code of the Russian Federation are applicable to him if he does not use special taxation regimes.
On the main tax system
Property tax for individual entrepreneurs under the main taxation system (DOS) is calculated and controlled by the IFTS, determined on the basis of local laws of municipalities and Chapter 32 of the Tax Code (tax code) of the Russian Federation. The calculation is performed as follows:
- The inventory value of an object is taken, for example, a warehouse from the BTI database – the technical inventory bureau.
- The rate used is for buildings of this type..
- The deflator coefficient is applied, established at the beginning of each year and taking into account changes in consumer prices for goods, work of the RF service for the previous period.
- All values are multiplied: 450,000 * 0.3% * 1.481 = 1999 p.
Indicative figures are taken here to illustrate, more detailed information on rates, type of real estate and coefficient can be found in the relevant documents: Law No. 47 “On Property Tax Rates for Physical. persons ”dated 23.10.2002 ed. dated November 20, 2013 and Order of the Ministry of Economic Development No. 579 “On the establishment of deflator coefficients for 2019”.
Payment of the amount for individual entrepreneurs has the following features:
- IP do not provide statements in the form of declarations;
- receipts for tax are drawn up by inspectors authorized by the executive branch;
- made by a single payment until December 1 of the year following the tax period;
- if a debt arises, that is, a late payment, a penalty is imposed by the Federal Tax Service Inspectorate – interest.
Payment notifications are sent by the Federal Tax Service Inspectorate to the legal addresses of companies 1 time each year following the results of the past year. The transfer of data, receipts of payment is a process of considerable duration, in connection with which they can be sent later than the billing period. You can generate payment documents yourself through the website of the Federal Tax Service, in the service “Pay taxes” (by choosing the appropriate type of payment).
In special modes
Since 2015, Ch. 32, at the same time, with what the changes in the payment of taxes by IP entered into effect. Based on it, deductions for individuals under special taxation regimes began to be levied taking into account some features, among which the following are distinguished:
- An individual entrepreneur-simplist was ranked as a taxpayer for property, which is regulated by the rules, which are reflected in paragraph 1 of Art. 378 of the Tax Code of the Russian Federation;
- To special. modes – STS (simplified taxation system), UTII (single imputed income tax) – a special procedure has been applied that is established by regional authorities, for example, the Government of Moscow or St. Petersburg.
- When acquiring a patent and carrying out activities under the PSN (patent system), deduction is optional. If the patent is combined with another system, the tax is calculated as a percentage of the profit that has been received by different types of activities.
- If there is an activity in which the individual entrepreneur must pay the Unified Agricultural Tax (single agricultural tax), no tax will be levied on his property.
For these payers, NII (property tax) is replaced by a single deduction, which is paid under the tax regime. It should be noted that the exemption from payment applies only to buildings used for entrepreneurial activity and not included in the regional list of objects that are taxed at the cadastral value.
Objects of taxation
IP property tax applies to the following facilities:
- residential building or premises in it (apartment and share), including a country house;
- unfinished structure;
- garage or parking place.
There are exceptions – for example, the common property of an apartment building, which does not apply to taxable items. Under special regimes of UTII, USN and PSN, the property tax of IP applies to the following objects:
- administrative buildings and structures;
- non-residential property.
Tax liability conditions
An individual entrepreneur is required to pay tax deductions under the following conditions:
- A citizen is the owner of real estate. When using an object that is not property, for example, rented under a contract, property tax does not apply to it.
- The property was built on a plot of land with intended purpose and is used in commercial activities..
- Cadastral valuation of property.
If one of the conditions is not fulfilled, the obligation to the budget does not arise, and the exemption from obligations continues to apply to the entrepreneur. In relation to other property, IPs that use STS and UTII continue to not pay tax. There is one more prerequisite: buildings must be located in the Russian Federation, and not in another country.
IP property tax exemption
Real estate tax does not apply to property of both types:
- used for personal purposes;
- used for business purposes.
Used for personal purposes
For certain categories of individuals, benefits are provided that exempt from paying tax on real estate that is used for personal purposes. A list of property types and categories is presented in Art. 407 of the Tax Code of the Russian Federation. These benefits apply to entrepreneurs who own property. The determination of real estate objects falling under benefits is the responsibility of the governments of the constituent entities of the Federation. Mostly benefits are provided:
- medical and administrative institutions;
- suppliers and similar facilities.
Used for business
Individual entrepreneurs can take advantage of the privilege for objects used in entrepreneurial activity. To do this, they need to confirm in writing the fact of the intended use of the property. They prove their rights using the standard step-by-step algorithm:
- An application is submitted to the tax office, which is written in free form, taking into account the recommendations reflected in the letter of the Federal Tax Service of Russia N BS-4-11 / 19976 @ from 11.16.2015.
- A package of papers consisting of the following documents is attached to the application:
- copies of the certificate of state. registration with a certificate of ownership;
- a letter from the tax office with information about the use of IE USNO (simplified system);
- lease agreement with attached payment receipts;
- papers confirming business correspondence with counterparties that contain references to the object as an office, store, production hall or delivery address.
Objects included in the list approved by the regional authorities and published on their official website, the cost of which is calculated on the basis of the cadastral value, are subject to taxation regardless of the regime. For example, on the territory of Moscow, for entering objects into the list for 2019, one of the following conditions was taken into account:
Type of premises
Location close to pedestrian areas. A complete list of such can be found by studying the decision of the Government of Moscow No. 78-PP from 03.16.2016.
Location on a plot of land with a permitted type of use
Taxation on these types of property is introduced subject to the following conditions:
- Ownership of property of the organization under the ownership right.
- The accountability of the object on the balance sheet of fixed assets “01” or profitable investment “03”, in accordance with the rules of accounting. accounting.
- Inclusion of property in the list of objects determined by the tax base through cadastral value.
IP taxation in special modes
Paying in certain situations is not necessary. So, those located in the following special modes are exempted from calculation:
- simplification (simplified tax system);
- imputed (UTII);
- Patent Taxation System (POS).
Simplified System (USN)
An individual entrepreneur to whom the simplified tax system is applied is not taxed if he uses the property under a special regime, excluding objects reflected in paragraph 3 of Art. 346.11 of the Tax Code. Regarding objects that are used for personal use, the entrepreneur pays the amount depending on the type of property and in accordance with Art. 400 Tax Code.
Single imputed income (UTII)
The tax on property objects used on an imputed basis, IPs do not pay, excluding those types that are included in paragraph 4 of Art. 346.26 of the Tax Code of the Russian Federation. In accordance with the letters of the Ministry of Finance of Russia No. 03-11-05 / 5 dated January 14, 2008, No. 03-11-04 / 3/498 dated December 17, 2007, the deduction is not required to be paid for non-taxable objects, regardless of their area when calculating a single deduction. If the property is used for personal purposes, the individual entrepreneur receives the status of a taxpayer on the basis of paragraph 4 of Art. 346.26.
When combining UTII and DOS, only objects used in the special regime are not subject to taxation, excluding property listed in sub. 2 p. 10 Art. 346.43, paragraph 7 and paragraph. 2 p. 10 Art. 378.2 of the Tax Code. If this taxation regime is used, then the individual entrepreneur does not need to prove the intended use of the property, because this fact will be confirmed during the on-site inspection by the tax inspector.
Patent System of Taxation (PSN)
When using objects under the patent, the deduction is not required to be paid, except in cases provided for by sub. 2 p. 10 Art. 346.43 of the Tax Code of the Russian Federation. If the property is used for personal purposes, the benefits are removed, and the IP is assigned the status of a taxpayer. Confirmation of the intended use is carried out by analogy with UTII, since preferential conditions for both special modes are identical.
Real estate tax at cadastral value
Individual entrepreneurs with this tax system include citizens who own the following types of buildings, structures and territories:
- administrative and business centers (ADCs) intended for rental offices;
- shopping centers and complexes (shopping centers and shopping malls) used to locate catering outlets, trade and exhibition pavilions, stores with storage facilities;
- non-residential premises in which household services are provided, for example, ateliers, laundries, equipment repair workshops;
- residential buildings and premises that are not related to fixed assets;
- adjacent territories to the ADC and the shopping center used to organize parking spaces.
With this system, IPs do not send declarations in the same way as DOS. The calculation of the payment amount is as follows:
- Take the cadastral value of the object, for example, a room of 25 square meters. meters, located on the territory of the warehouse complex (SK), which is estimated at 389.634 million rubles and its area – 5.42 thousand square meters.
- Cadastral number SK is used – 77: 09: 0001015: 1064 (the value of the object is viewed on it).
- A rate applies to property of this type – 2% based on the law of the Moscow Government No. 51 of 11/19/2014.
- The size of the deduction amount (NII) is determined by the formula: NII = 389 634 000 * 25/5 420 * 2% = 16 579 p. It took into account the fact that a certain citizen rented a room for a warehouse from the owner of the insurance company.
- The calculation of the deduction on property that the owner pays is as follows. SC is calculated according to the formula: NII = Tax base (SB) * Tax rate (SB), where SB is the cadastral value and SB = 2%.
The regional government has the right to establish reporting periods with advance payments for a certain time interval, for example, for 9 months. Here the calculation is performed based on? Cadastral value: AP = Tax base? ? ? Tax rate. The annual payment will be equal to the difference between the calculated amount for the year and the amount of AP – advance payment.
Tax rate and due date
Based on paragraph. 1 Article. 380 of the Tax Code of the Russian Federation, the rates of NNI, taking into account the cadastral value, are regulated by the Governments of the constituent entities of the Russian Federation on the basis of local legislative acts. However, under paragraph 2 of the same article of the Tax Code, the maximum rate cannot exceed 2% – even taking into account regional laws. The due date is the same as OCH – until December 1 of the year following the tax period.