Taxpayers and features of determining the tax base and calculating and paying individual taxes when implementing agreements - Taxes and taxation

23.2. Taxpayers and the specifics of determining the tax base and calculating and paying individual taxes when implementing agreements

Taxpayers and payers of fees, payable when applying a special tax regime established in Ch. 26.4 of the US Tax Code, organizations that are investors of an agreement under the Federal Law are recognized; "On Production Sharing Agreements"; (hereinafter - taxpayers).

A taxpayer has the right to entrust execution of his duties connected with the application of a special tax regime established by Ch. 26.4 US PC, in the implementation of agreements, the operator with his consent. In accordance with the US Tax Code, the operator exercises the powers granted to him by the taxpayer on the basis of a notarized power of attorney issued in accordance with the procedure established by US civil law as an authorized representative of the taxpayer.

In the implementation of agreements that provide for the sharing of products in accordance with cl. 8 of the Federal Law "On Production Sharing Agreements", the following specifics of determining the tax base, calculating and paying the MET.

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Taxpayers determine the amount of tax payable, in accordance with Ch. 26 US pcs with the following features.

The tax base for the extraction of oil and gas condensate from oil and gas condensate fields is defined as the amount of minerals recovered in physical terms.

The tax base is determined separately for each agreement.

The tax rate for the extraction of oil and gas condensate from oil and gas condensate fields is 340 rubles. for one ton. At the same time, this tax rate is applied with a coefficient characterizing the dynamics of world oil prices - Cs.

This coefficient is determined by the taxpayer on a monthly basis by the formula

where C is the average crude oil price level of the crude mark "Urals" for the tax period; in US dollars per barrel; P - the average for the tax period of the US dollar exchange rate against the Russian Federation ruble, set by the US Central Bank.

The average value for the tax period of the US dollar to the Russian Federation ruble rate set by the Central Bank of the United States is determined by the taxpayer independently as the arithmetic mean of the US dollar exchange rate against the Russian Federation ruble set by the Central Bank of the United States for all days in the relevant tax period.

Average for the tax period crude oil price level "Urals" is defined as the sum of the average arithmetic purchase and sale prices in the world markets for crude oil (Mediterranean and Rotterdam) for all calendar trading days divided by the number of trading days in the relevant tax period.

Average for the past month crude oil levels of crude grade "Urals" on the world markets of petroleum raw materials (Mediterranean and Rotterdam) are sent monthly, no later than the 15th day of the next month, through official sources of information in accordance with the procedure established by the US Government. In the absence of this information in official sources of information, the average for the expired tax period is the crude oil price level of "Urals" on the world markets of oil raw materials (Mediterranean and Rotterdam) is determined by the taxpayer independently.

The calculated coefficient (CC) is rounded to the fourth digit in accordance with the current rounding order.

The amount of tax for the extraction of minerals in the extraction of oil and gas condensate from oil and gas condensate fields is calculated as the product of the corresponding tax rate, calculated taking into account the coefficient (Cts) base.

When executing the agreements, the tax rates set by H to the United States in the extraction of minerals, with the exception of oil and gas condensate, are applied with a coefficient of 0.5.

The tax rate for the extraction of oil and gas condensate from oil and gas condensate fields (with coefficient Kc) is used in the extraction of oil and gas condensate from oil and gas condensate fields with a coefficient of 0.5 to reach the limit level of commercial oil and gas condensate production, which can be established by agreement .

If the agreement establishes the limit level of commercial oil and gas condensate production, if such a limit is reached, the tax rate is applied with /strong> which does not change for the duration of the agreement.

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When implementing agreements that provide for the procedure for the division of products established by Cl. 1, Art. 8

Federal Law "On Production Sharing Agreements", the following features of determining the tax base, calculating and paying corporate profit tax (Article 346.38 of the Tax Code).

Taxpayers determine the amount of corporate income tax payable in accordance with Ch. 25 of the US Tax Code, taking into account the following features.

The object of taxation is the profit received by the taxpayer in connection with the implementation of the agreement. At the same time, the profit of the taxpayer is his income from the implementation of the agreement, reduced by the amount of expenses determined in accordance with Art. 346.38 NC USA. If the party to the agreement is a union of organizations that does not have the status of a legal entity, the income received by each organization that is a member of the association is determined in proportion to the share of the relevant participant in the total income of such association for the reporting (tax) period.

The income of the taxpayer from the performance of the agreement is the value of the profitable products owned by the investor in accordance with the terms of the agreement, as well as non-operating income. Non-operating income is determined in accordance with Art. 250 hl. 25 of the US Tax Code.

The value of profitable products is defined as the product of the volume of profitable output and the price of the output produced by the agreement, with the exception of the product price (oil price) determined in accordance with Ch. 26.4 N to the USA.

Expenses of the taxpayer are justified and documented expenses incurred (incurred) by the taxpayer when the agreement is executed. The composition of expenses, the size and procedure for their recognition are determined in accordance with Ch. 25 Н To the USA taking into account following features.

Justified costs for the purposes of Ch. 26.4 The US Tax Code recognizes the expenses incurred (incurred) by the taxpayer in accordance with the work program and the cost estimate approved by the managing committee in the manner provided for by the agreement, as well as non-operating expenses directly related to the implementation of the agreement.

For the purpose of Ch. 26.4 US Tax Pays the taxpayer's expenses are divided:

1) pa costs recovered from compensation products (reimbursable expenses);

2) Expenses that reduce the tax base for the tax.

Reimbursable expenses are recognized as expenses incurred (incurred) by the taxpayer in the reporting (tax) period for the purpose of performing work under the agreement in accordance with the work program and cost estimates.

Not recognized reimbursable costs:

1) incurred (incurred) prior to entry agreements by virtue of:

- the cost of acquiring a package of geological information for participation in the auction;

- expenses for payment of the fee for participation in the auction for the right to use the subsoil block on the terms of the agreement;

2) incurred (incurred) from the date of entry into force agreements by virtue of:

- one-off payments for the use of subsoil in the event of occurrence of certain events specified in the agreement;

- MET,

- payments (interest) but to received credit and borrowed funds, as well as commission payments on them and other costs associated with obtaining and using borrowed funds to finance activities under the agreement;

- the costs provided by the sub. 6, paragraph 2 of Art. 262, sub. 10 and 13, paragraph 1, sub. 5 p. 2 of Art. 265 of the US Tax Code.

Reimbursable expenses, the composition of which is stipulated by the agreement, are approved by the managing committee in the order established by the agreement.

The amount of reimbursable expenses is determined for each reporting (tax) period and is subject to reimbursement to the taxpayer due to compensation products.

The reimbursable expenses include:

1) expenses incurred (incurred) by the taxpayer before the agreement comes into force. Expenses incurred (incurred) prior to the entry into force of the agreement shall be recognized as recoverable if the agreement is concluded on previously undeveloped mineral deposits and these expenses were not previously recognized by the subsoil user of the subsoil plot for purposes of calculating the tax in accordance with Ch. 25 pcs of the USA. The specified expenses should be reflected in the cost estimate presented simultaneously with the cost estimate for the first year of work under the agreement, and reimbursed. Amortization for this type of depreciable property is not accrued. If the costs relate to depreciable property, they are refunded in the following order:

- if these expenses are incurred (incurred) by a taxpayer - a Russian organization, they are subject to reimbursement in an amount not exceeding the residual value of depreciable property;

- if the specified expenses are incurred (incurred) by a taxpayer - a foreign organization, they are subject to reimbursement in an amount not exceeding the level of market prices;

2) expenses incurred (incurred) by the taxpayer from the date of entry into force of the agreement and during the entire period of its validity. In this regard, with respect to these costs, the following features are established:

- expenses for the development of natural resources, as well as similar costs for conjugated subsoil plots, if this is stipulated by the agreement, are included in the cost evenly for 12 months;

- the costs of acquiring, constructing, manufacturing, delivering depreciable property (fixed assets and intangible assets) and bringing it to the state in which it is suitable for use, are included in the reimbursable expenses in the amount actually incurred, provided they are included in the The program of work and the cost estimate and taking into account the limitations established by the agreement. Depreciation I! the procedure established by the US Tax Code, no such costs are incurred;

- the expenses incurred (incurred) in the form of deductions to the liquidation fund to finance the liquidation work are accounted for the purposes of taxation in the amount and order established by the agreement. The procedure for the formation and use of the liquidation fund is established by the Government of the Russian Federation;

- the costs associated with the maintenance and operation of property that was transferred by the state to the taxpayer for free use in accordance with the Federal Law "On Production Sharing Agreements" are accounted for tax purposes in the amount of actually incurred (incurred) expenses;

- management costs associated with the implementation of the agreement, which includes expenses for the rent of taxpayer's offices, including those located outside the United States, the costs of their maintenance, information and consulting services, hospitality expenses, advertising costs and other managerial expenses under the terms of the agreement are reimbursed in the amount of the standard of management costs established by the agreement, but not more than 2% of the total amount of expenses reimbursed to the taxpayer in the reporting (tax) period. Excess of administrative expenses over the established standard is taken into account when calculating the investor's tax base for corporate income tax.

Reimbursable expenses are refunded to a taxpayer in the amount not exceeding the limit level of compensatory products established by the agreement, which can not be more than 75% of the total amount of produced products, and when mining at the continental shelf of the United States - 90% of the total production. Compensation products for the reporting (tax) period are calculated by dividing the amount of the taxpayer's expenses to be reimbursed for the product price determined in accordance with the terms of the agreement or the price of oil determined in accordance with Ch. 26.4 of the US Tax Code.

If the amount of reimbursable expenses does not reach the limit level of compensation products in the reporting (tax) period, the taxpayer in the specified period will be refunded the entire amount of reimbursable expenses. If the amount of reimbursable expenses exceeds the limit level of compensation products in the reporting (tax) period, the reimbursement of expenses is made in the amount of the specified limit level. Unreimbursed in the reporting (tax) period, reimbursable expenses are subject to inclusion in the reimbursable expenses of the next reporting (tax) period.

Expenses of a capital nature are accepted for reimbursement, provided that the requirement to use the share of goods of Russian origin in the performance of works under the agreement is complied with. Failure to comply with this requirement is grounds for refusing to reimburse the relevant investor costs. At the same time, the general procedure for depreciation of property, established in Ch. 25 of the US Tax Code.

Expenses that reduce the tax base for corporate income tax include expenses that are considered for tax purposes in accordance with Ch. 25 of the US Tax Convention and not included in the reimbursable expenses. These expenses do not include the amount of the MET.

For the purpose of Ch. 26.4 of the US Tax Code, the following procedure for recognizing income and expenses is applied:

1) for the income received by the taxpayer in the form of a part of the profitable output, the last date of the reporting (tax) period in which the profitable output was divided is recognized as the date of receipt of the income;

2) for other types of income and expenses, the procedure for recognizing income and expenses, established by Ch. 25 of the US Tax Code.

The tax base is the monetary expression of the taxable profit. The tax base is determined for each agreement separately.

If the calculated tax base is negative for the relevant tax period, it is recognized as zero for this tax period. A taxpayer has the right to reduce the tax base by the value of the negative amount received in subsequent tax periods for ten years following the tax period in which a negative value is received, but not more than the term of the agreement.

The size of the tax rate is determined in accordance with Cl. 284 of the US Tax Code (see 14.7). The tax rate effective on the date of entry into force of the agreement shall be applied throughout the term of this agreement.

Taxpayers calculate the tax base based on the results of each reporting (tax) period on the basis of tax accounting data. Tax accounting is carried out in accordance with Ch. 25 of the US Tax Code. The procedure for maintaining tax accounting is established by the taxpayer in the accounting policy for tax purposes, approved in accordance with the established procedure.

The tax period for tax is a calendar year. Reporting periods but the tax is the first quarter, six months and nine months of the calendar year. Reporting periods for taxpayers calculating monthly advance payments on the basis of actually received profit are the month, two months, three months, and so on until the end of the calendar year.

The procedure for calculating the tax (advance payments) and the terms of payment are determined in accordance with Ch. 25 of the US Tax Code.

Peculiarities of calculation and payment of tax by a taxpayer having separate units, are determined by Art. 288 Ch. 25 of the US Tax Code. At the same time, payment of the amounts of tax (advance payments) that are subject to enrollment in the revenue part of the budgets of US subjects and local budgets is made by the taxpayer at the location of the subsoil plot submitted for use under the agreement.

The taxpayer is obliged to maintain separate accounting income and expenses for transactions arising from the implementation of the agreement. In the absence of separate accounting, the income taxation procedure established by Ch. 25 of the US Tax Code, without taking into account the above features.

Income and expenses of the taxpayer for other activities not related to the implementation of the agreement, including revenues in the form of remuneration for the performance of the functions of the operator and (or) for the sale of products , owned by the state under the terms of the agreement, are subject to taxation in accordance with the procedure established in Ch. 25 pcs US.

When performing agreements VAT is paid in accordance with Ch. 21 of the USC with the following features.

When executing agreements, the tax rate applicable in the relevant tax period is applied in accordance with Ch. 21 US pcs.

If, following the results of the tax period, the amount of tax deductions in the performance of work under the agreement exceeds the total amount of tax calculated for goods (works, services) sold (transferred, executed, rendered) in the reporting (tax) period (including in the absence of the said sale), the received difference is subject to reimbursement (offset, refund) to the taxpayer in accordance with the procedure established by Art. 176 or 176.1 of the US Tax Code.

In case of failure to comply with the terms of compensation (refund), established art. 176 or 176.1 of the US Tax Code, the amounts subject to refund to the taxpayer are increased based on the refinancing rate of the US Central Bank for each calendar day of delay (when keeping records in the currency of the Russian Federation) or the LIBOR rate in effect in the corresponding period for each calendar day of delay in foreign currency).

Not subject to taxation of VAT (exempt from taxation):

- transfer, on a gratuitous basis, of the property necessary to perform work under the agreement between the investor under the agreement and the operator of the agreement in accordance with the program of work and the cost estimate approved in accordance with the procedure established by the agreement;

- transfer by an organization that is a participant of an association that does not have the status of an association of organizations acting as an investor in an agreement to other participants in such an association of the relevant share of the output produced by the investor under the terms of the agreement;

- the transfer by the taxpayer of the property of a newly created or acquired by the taxpayer property used to perform work under the agreement and subject to transfer to the state in accordance with the terms of the agreement.

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