Tax on wells for individuals in Russia

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Many citizens reacted negatively to the news that a tax on suburban wells may soon appear. The government is seriously concerned about the budget deficit. In the future - an increase in the retirement age, an increase in personal income tax by 1-2%, and the previously canceled duties will be resumed. The most "daring" politicians want to oblige the unemployed to pay for municipal clinics, schools, hospitals.

In this environment, the tax on wells looks like a trifle compared to what we can expect. But first things first.

Taxes on wells in Russia

Let's turn to the legislation. The Federal Law "On Subsoil", as well as the Tax Code of the Russian Federation, allows the use of wells and wells for personal use in household plots and summer cottages.

But only for the purpose of watering and watering animals. It is a paradox, but the Tax Code does not contain information about the needs of the person himself in consuming water from the well. But let's not get hung up on this. As the saying goes, What is notforbidden, then allowed.”

Under what conditions are wells not taxed

There is currently no well tax under the following conditions:

• The water intake is located on a personal plot or summer cottage.
• Consumption goes only for watering and watering animals (here, most likely, personal use is also expected).
• The fence is taken only from the first water horizon (as a rule, it is up to 30-40 meters, depending on the depth of the limestone).
• The central supply of the population is carried out from a different depth.
• No business activity.

Consequently, an ordinary summer resident is not threatened with a tax on a well used for watering cucumbers and tomatoes. In any case, for now. Maybe a few months will pass, and all the information about this will become outdated, and all the grandmothers who water the garden from their well will be required to pay state duty.

Get permission for the well

Consequently, if it is allowed to use water from a well for watering animals, you can protect yourself from future fines and sanctions from the authorities. Who knows what they have in mind tomorrow. Lack of money will force fines to be issued to local rural budgets. Namely, money should go there at the initiative of legislators, if they still impose a tax on a well of any depth.

The first thing to do is to find out if your site has the very first horizon that serves as a source for the central water supply. Most likely,unlikely, because it is contraindicated to drink water from this depth (maybe that is why there is no mention of personal use in the Tax Code).

Documents for applying to the Territorial Fund of Geological Information

For this purpose, you need to apply to the territorial fund of geological information or another body that replaces it.

For this you need:

• Fill out the application.
• Pay the fee (it is better to check the size on the spot).
• Attach to the application a 1:10,000 scale map showing the site.

After receiving "permission", or rather "absence of a ban", state bodies (as a rule, this is the competence of Rosprirodnadzor) will not be afraid.

If drilling was in accordance with the law (FZ "On Subsoil"), then no one has the right to demand the design of a well. Government agencies may initiate compliance reviews. But we have already made sure of the source of the central water supply, and the depth of the well only reaches the first water horizon. No tax on water from the well threatens you, because it has not yet been introduced. So you can not be afraid of any fines.

Deep water drilling

As far as deep water drilling is concerned, things are different here. People make such wells in order to obtain artesian water. And this is no longer “sand” for watering. This water is equated almost to minerals. There is a tax on wells depending on the depth, which is more than 100 meters. But this will require a license.

Artesian vs. groundwater: what's the difference?

Everyone intuitively understands that artesian water is better than ground water. But how is it different? Let's try to figure it out.

Artesian water is located between two dense layers. This allows you to protect it from various atmospheric precipitation, as well as from the ingress of sewage. By nature, this is the purest water, which, moreover, is not subject to human influence. It is the most valuable resource not just of our country, but of all mankind. In the world, the percentage of such water is negligible. We are lucky that Russia is rich in such a resource. Just imagine that some citizen has cut a well and simply pours water into the river, using less than 0.001% of it. The purest natural water, the resource of which is very limited, merges with the local swamp, which is home to frogs and leeches. Agree, such information radically changes the position on whether a tax is needed for a well of the purest and rarest water in the world? Someone should control the rationality of its use? The answer is obvious - yes, of course.

"You can't forbid taking"?

Remember the famous phrase from the fairy tale: "Execution cannot be pardoned"? Approximately the same thing happens with the permission to use artesian water for individuals. Only a license gives the right to it, and this a priori implies the creation of a legal entity. Without this action, it is impossible to get it.

But there are moments under the pressure of which you can get permissionwithout creating a legal entity:

• There are no other alternative sources of water (for example, in Crimea).
• The well already exists and needs to be legalized. Although, most likely, in this case, the likelihood of an order to drown it out will be higher.

Obtaining a license. Stage one: permission from the Ministry of Natural Resources and Ecology

The tax on wells and wells is a mere trifle compared to what you have to go through. First, let's list the requirements of state bodies for the site of future drilling of artesian water:

• Sources of chemical contamination should not be located closer than 300 meters. This is not about military training grounds for the use of weapons of mass destruction. “Sources” refers to gas stations, oil depots, industrial facilities, etc.
• Biological threat objects must not be closer than 200 meters. These include landfills, animal burial grounds, sewers, etc.
• Objects of human vital activity should not be closer than 30 meters. These are houses, gardens, plants, etc.
• The soil where the well will be cannot be fertilized with any chemical elements.
• The drilling site must be fenced in.
• There should not be any engineering communications and structures under the well.

Before issuing a permit, you will have to hold a couple of meetings with an employee of the Ministry of Natural Resources and Ecology (MNR&E). And believe me, he is not interested in issuing you a license. This department is trying to "protect" nature. An extra “permitted” well is another “headache”for department.

Hence the conclusion - it is necessary to fulfill all the requirements of the Ministry of Natural Resources and Ecology (MNR&E).

Stage two: collection of documents

In our country, the collection of certificates, documents and permits, perhaps, is a whole science. The expression is relevant here: "Bring a statement from every woman that you are not married to her." With the issuance of a license, you will have to remember this catchphrase. But the official use of the purest and he althiest water for half a century is worth the effort. The following documents will be required:

• General and situational plan of the site.
• Based on ownership (contract of sale, lease, etc.).
• Cadastral plan.
• Certificate of tax registration.
• Documents of the legal sheet (charter, certificate of registration, etc.).

Third stage - additional approvals

Next, the most interesting. It is necessary to calculate the consumption of daily water and provide data to the already known to us MNR&E. Suddenly it turns out that the citizen will use up too much water. In fact, there is no sarcasm here, because landslides that occur “due to the fault” of wells happen quite often. This leads to the ingress of harmful substances into the artesian water, after which it is necessary to carry out cleaning work.

Stage four and five: "road" to Rospotrebnadzor and the Regional Committee for Water Transport

Rospotrebnadzor must approve a project to create a sanitary protection zone for the first well zone (approximately 60 x 60 m).

Olkomvodagrees and checks the project of the future well.

Obligations of an artesian well owner

The package of documents has been completed.

Now you can go to the Department of Subsoil Use and get permission to drill. Along with this, the citizen receives not only the right to use the well, but also:

• A license that has an "expiration date" (the fee for it is not yet a well tax).
• Agreement that will have to monitor the state of groundwater.
• Taxes.
• Statistical reporting.
• Cadastral number of the well.
• Geological expertise (conducted by employees of the Department of Subsoil Use).

How much will I have to pay?

Each well has a technical passport, a cadastral number and a water meter. Depending on the region and purpose of use, the amount for each thousand cubic meters will differ. But today this amount is around 80 rubles. This, of course, is "penny" compared to, say, 20 rubles per cubic meter of water. But we will answer such “economists” right away - the license itself and all approvals will cost about 1 million rubles. And this is not counting the amount for drilling. It is different depending on the region. In Moscow, for example, it ranges from 500 thousand rubles. up to 2 million - depending on the depth of the well and limestone.

Sanitary zone: what is it?

Above it was said that Rospotrebnadzor agreed on a sanitary zone.

Employeesof this department should come to the site and conduct a water analysis. The task is to determine the purpose of its use. In other words, to establish whether it is possible to consume water for food or only for technical needs. But let's agree that for our own safety this is a "good" prescription. You don't really want to drink water and think about what kind of intensive care unit you'll end up in.

Results

If a summer resident has an ordinary well for watering a plot with a depth of some 10-15 m, then he has nothing to fear, he will not have to pay a tax on water from a well for individuals.

But what will happen, say, in a year or two, no one can say. Perhaps the tax on a well in a private house will be mandatory for everyone.