Changes in legislation

Starting from January 1^st, 2021 the Chapter 26.3 of the Tax Code of the Russian Federation «Tax system in the form of the unified tax on imputed income for certain activities» is declared to be no longer in force, in accordance with the Federal law as of 29.06.2012 №97-FL.

Legal entities, having paid the unified tax on imputed income (UTII), have a right to use the simplified tax system (STS) in future as one of the tax regimes, meaning special procedure of tax payment and focused on small and medium business.

In order to use STS, it is necessary to meet the following requirements: there should be less than 100 staff members, income amounting to less than RUB 150 million, shares of other legal entities in company’s capital less than 25%, absence of branches.

The company may switch to STS if its income hasn’t exceeded RUB 112,5 million (article 346 the Tax Code of the RF) based on the result of nine months of the year, in which the notice of switch is applied.

Using of STS exempts of taxes on general taxation system.

Legal entities and sole entrepreneurs, displaying a willingness to switch to STS since January 1^st 2021, may deliver a notice of switch no later than December 31^st, 2020, according to the form № 26.2-1 (Classifier of Tax Documents 1150001), as approved by the Order of the FTS of the RF as of 02.11.2012 №ММВ-7-3/829@.

After presenting the notice of switch to STS, the tax payers have a right to the change the originally chosen item of taxation or to refuse the using of this tax system, presenting a new notice or a corresponding application to the tax authority no later than December 31^st of a calendar year during which the notice was filed. These explanations were given in the Letter of FTS of the RF as of 20.10.2020 №СД-4-3/17181@.

Besides, the Letter of the FTS of the RF as of 20.11.2020 №СД-4-3/19053@ explains:

• removal from the register as a UTII payer will be performed automatically;
• tax return on UTII for the 4^th quarter of 2020 should be filed to the place of registration no later than 20.01.2021, tax should be paid – no later than 25.01.2021;
• sole entrepreneurs, displaying a willingness to switch to the patent taxation system since January 1^st 2021, may file an application no later than December 17^th, 2020;
• if sale of goods (works, services) was carried out during the period of UTII using, sales revenue received by the tax payer during the period of using STS won’t be taken into account while determining the STS tax base;
• when switching from UTII paying to general tax system since 01.01.2021, VAT is calculated while selling of goods (works, services, property rights), shipped (performed, rendered) starting from 01.01.2021.

Subscribers of the Information and Analytical system Globas can get all the available information on all the payers of unified tax on imputed income, using the tool «Filters» and get acquainted with their business operations. Currently Globas contains the data on more than 170 thousand active legal entities-payers of unified tax on imputed income.