предоставление льготы по налогам

The procedure for granting individual deferrals and instalments on taxes is clarified

The procedure for granting individual deferrals and instalments on taxes is clarified

LEGAL DIGEST, NEWS \ 27.04.2020

Now only those organizations that are included in the special list may defer payment of taxes (except for excise taxes and Mineral Extraction Taxes), advance payments and insurance premiums. There are no changes for systemic, strategic and city-forming companies that were affected by the COVID-19 situation. They may also claim for individual deferral or instalment.

To grant the benefit, it is necessary to apply for the tax authority at the place of registration of the organization until December 1, 2020. The following documents should be attached to the application:

1. An obligation that provides for a period of change in the payment term

2. Compliance with the conditions under which the decision to grant a deferral (instalment) was made.

3. Schedule for the repayment of debts.

4. Tax reporting or separate settlement of the calculated amounts for which a deferral or instalment is claimed

5. Confirmation of a reduction in income or receipt of a loss (tax returns). This rule does not apply to companies that use the Simplified Taxation System (STS).

In this case, it is specified:

– if the application was filed before the submitting of tax reporting or returns with calculated tax amounts, advance payments, insurance premiums, specified in the application, the time for consideration of the application shall be calculated from the date of submission of the necessary reporting;

– if the application is submitted by the company using the STS, the indicators for defining the right to deferral or instalment are indicated in the application without supporting documents. Indicators for the corresponding quarter will be subject to verification after the submission of reporting for 2020.

– if the applications were submitted before the changes entered into force (i.e. before April 24), then the previous rules will apply to such companies.

Please be reminded that at least one of the following criteria should be met in order to receive a deferral or instalment:

· reduction in income by more than 10%;

· reduction in income from the sale of goods (works, services) by more than 10%.;

· reduction in income from the sale of goods (works, services) for operations subject to VAT at the rate of 0% – by more than 10%;

· receiving a loss according to the data of profits tax returns for the reporting periods of 2020, if there was no loss for 2019.

Document:  Decree of the Government of the Russian Federation No. 570 dated April 24, 2020.