Simplified tax system for LLC. taxation law

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

Currently, for every entrepreneur, the types of taxation for LLCs are a rather difficult issue. In this regard, you should make the right choice.

No matter how entrepreneurs want to register with the tax service, they will have to do this and make monthly payments. You can't do without it if you don't want to be held accountable under the current legislation.

One of the most profitable and popular today is the simplified taxation system for LLCs (USN) - this is a set of measures that are chosen voluntarily and used on the same level as other analogues. Although this system implies a different procedure for calculating payments and reporting, many entrepreneurs began to choose it, as it is beneficial when compared withthe classical system, which provides for the general taxation of LLCs. And if we are talking about a small company, then accounting is much easier. This simplifies the task for every entrepreneur. But, nevertheless, the LLC must take into account that it is impossible to refuse accounting, this is evidenced by a letter from the Minister of Finance. In 2013, minor changes were made to the tax code, so the system was modernized. More on this later.

Required conditions

Simplified tax system for an ogre society

low liability in 2014 has several strict requirements to be met:

• All funds and intangible assets cannot exceed one hundred million rubles in value.
• In one tax period, the number of people who work in accordance with the Labor Code of the Russian Federation should not exceed 100 people.
• The annual income of the company must be within sixty million rubles.
• Other organizations have the right to participate in the life of the LLC. Only their share of the contribution will be equal to twenty-five percent.

Restrictions

Simplified LLC taxation cannot be used by the following organizations:

• having their own representative offices and branches;
• participating in the securities market at a professional level;
• who use ESHN;
• parties to the agreement onproduct section.

Submit application

on the simplified tax system, an enterprise can only if it is engaged in certain types of activities that are limited for the use of simplified taxation. All individual entrepreneurs can apply for any system of taxation. However, there are two restrictive features for an LLC:

• Revenues must equal the 6% rate. This is an important condition.
• Income for taxation must include net income. This is also important to consider.

Any company at the beginning of each reporting period can change the tax regime for LLC. It is only necessary to notify the relevant regulatory authority about this decision. Moreover, the LLC can choose the tax scheme on its own. This rule does not apply to those organizations that are parties to trust management agreements. However, d

These companies can apply for LLC taxation (simplified) as income excluding expenses.

The object in this scheme is net profit. In this case, the corresponding payment is equal to at least 1% of the tax base. Although many subjects can choose their own rate.

Benefits

The simplified tax system for LLCs has a number of advantages:

• Rates on many contributions are below 14%.
• The organization has the right to choose the base on which the single tax will be charged.
• You can use reduced rates with the breadth of action.
• There is a single tax system.
• The corresponding declaration is submitted once a year, after the reporting period has expired.
• Any organization can voluntarily choose this system of taxation.

Required documents

In this case, everything should be done in the correct order. In order to make the transition to simplified taxation, it is necessary to submit a notification to the tax organization from 1.10 to 31.12. This is important to know.

Also, in any form, LLC can send a request to the tax service to confirm the regime. After that, within a month, the organization should receive a response. For registration of taxation, an initial set of documents will be required.

Activities

Almost any organization can switch to a simplified system. However, there are some activities that will not be able to issue this type of taxation. These include:

• insurance and investment companies;
• enterprises with representative offices and branches;
• banks;
• pawn shops;
• gambling organizations;
• non-state pension funds.

Accounting

But it is worth remembering that reporting to the tax service should be provided by everyone without exception. In any case, entrepreneurs need to replenish their balance sheet for the year with data for the past two years, since if accounting has not been kept before, this may causebig problems.

The simplified taxation system for LLC is a very profitable scheme, but in order to get it, you need to meet several criteria. It is also necessary that the company's activities are carried out legally.

Objects and rates of taxation

For a limited liability company, only two types of simplified tax system are provided. These include:

• Objects where income is taken into account (six percent rate) and income where net profit is taken into account.
• Taxable object. In this case, a rate of 6% of the total profit is assigned.
• Taxable income. This is where net income comes into play. A kind of "income minus expenses" system.

The law on taxation provides that the organization has the right to change the object. However, this must first be reported to the relevant authority. The organization can choose the scheme itself. But this rule does not apply to companies that are not parties to joint venture agreements. For such organizations, the taxation system for LLC is preferable, where income excludes expenses. In this case, the object is pure profit.

Legislation allows organizations to set tax rates, only their percentage should vary from five to fifteen. This is an important fact. But still, the minimum percentage is equal to one of all income, according to Art. 345. 15 of the Tax Code of the Russian Federation.

Opportunities provided by the simplified taxation system for LLCs

IfIf the organization has applied the simplified tax system, then it may not pay the following types of taxes:

• On property.
• For profit.
• Value added. This rule does not provide for a tax that is paid when importing goods into the customs territory of Russia.

The organization that applies the simplified tax system is a kind of agent, in other words, it withholds, calculates and pays personal income taxes (PIT). For example, in relation to their employees.

Before deciding which taxation to choose for an LLC, you need to identify the pros and cons of each system. This is important.

Organizations may also pay other taxes, such as: excises; land; water; for transport, etc.

Insurance premiums

When registering an LLC, mandatory additional payments will be required. These include insurance premiums. The most popular of them are the following payouts:

• To the pension fund of the Russian Federation.
• Social insurance. To receive benefits in case of disability or related to maternity and childbirth.
• To the Territorial Compulsory Medical Insurance Fund.

Determination of expenses and incomes

Resolving this issue requires the right approach. During the determination of the taxable object, the simplified tax system provides for the accounting of income from sales, as well as other profits. This is written in detail in the tax code of the Russian Federation (Articles 249 and 250). Should be carefullyread their content.

And in article 251 of the same code, incomes that are not subject to accounting, as well as those that are subject to income tax, are described. Expenses are determined and taken into account in accordance with Art. 346.16 of the Russian Tax Code.

The date of receipt of income is when the money arrives in a bank account or in the organization's cash desk. Expenses are those expenses that were incurred only after payment on the fact. If, in this case, the “object - net profit” scheme is applied, then the organization has the right to add all insurance premiums to the costs. This is a prerequisite. And with another version of the “object-income” scheme, the LLC can reduce the tax, taking into account the fact that insurance premiums will be paid independently.

Changes made in 2014

This point is also important to read. Different types of taxation for LLCs annually undergo peculiar adjustments. Here are a few positions that were changed in 2014:

• For companies that have re-registered, the deadline for filing an application has been extended to thirty days from the date when all information was included in the state register.
• Those STS taxes on benefits paid by the enterprise may decrease. But they can only be reduced by 50%.
• All members of the simplified tax system need to keep records.
• Possible indexation of annual income. That is, any entity engaged in entrepreneurial activity will need to take into account the deflator coefficient. He is important. ATas a result of this, the amount of income will be increased in proportion to this coefficient.
• Now LLC does not need to calculate the exchange rate difference. Currency transactions will be fixed in rubles at the time of payment.
• Subjects who are participants in the simplified tax system had to submit a declaration by March 31. And those who are just switching to this system in 2014 will pay the same tax rates.

Thus, it follows from all this that the simplified taxation system for LLCs has not undergone major changes. The only thing that is considered an innovation is that each of the companies must keep accounting records or simply restore them for lost time.

Setting rates

Those entrepreneurs who have chosen the "income - expenses" scheme will pay a tax equal to fifteen percent. And if another variant of the system is defined in terms of profit, then in this case there will be a rate equal to six percent.

Result

To all of the above, we can add the conclusion that the simplified taxation system for limited liability companies is the most profitable and acceptable option. This is a completely confirmed fact. Those who do not believe in this can study other taxation systems in detail and draw their own conclusion in favor of the one they like.