Section V. Federal taxes on income (profit)
Chapter 14. Corporate income tax
Corporate income tax - the federal tax levied on January 1, 2002 on the basis of Ch. Part 25 of the second NC. The corporate income tax is introduced by Federal Law No. 110-FZ of August 6, 2001 On Amendments and Additions to Part Two of the Tax Code of the United States and some other acts of the legislation of the United States on taxes and fees, as well as on the invalidation of certain acts (provisions of acts) of the legislation of the United States on taxes and fees. " This tax replaced the previously levied tax on profits of enterprises and organizations.
14.1. Taxpayers, object of taxation and tax base
Taxpayers corporate income tax are recognized:
1) United States organizations;
2) foreign organizations that carry out their activities in the United States through permanent missions and (or) receive income from sources in the United States.
Organizations that are responsible participants of a consolidated group of taxpayers are recognized as taxpayers in respect of corporate income tax on this consolidated group of taxpayers. The participants in the consolidated group of taxpayers fulfill the duties of taxpayers of corporate profit tax to the consolidated group of taxpayers in the part necessary for its calculation by the responsible participant of this group.
Organizations that are not recognized as taxpayers are:
• foreign organizers of the XXII Olympic Winter Games and XI Paralympic Winter Games of 2014 in Sochi;
• The official broadcasters in accordance with Art. 3.1 of the Federal Law of 1 December 2007, Ml 310-FZ, in respect of income from the following transactions carried out in accordance with a contract concluded with the International Olympic Committee or its authorized organization:
1) production of media products during the organization of the XXII Olympic Winter Games and the XI Paralympic Winter Games of 2014 in Sochi;
2) production and distribution of media products (including the implementation of official television and radio broadcasting, including digital and other communication channels) during the XXII Olympic Winter Games and XI Paralympic Winter Games in 2014 in Sochi.
Organizations that received the status of participants in the project for the implementation of research, development and commercialization of their results in accordance with the Federal Law "About the Innovation Center" Skolkovo (project participants), within 10 years from the date of their receipt of the status of project participants in accordance with the said Federal Law, have the right to exemption from the duties of taxpayers in the manner and under the conditions stipulated in Ch. 25 of the US Tax Code. A participant in the project loses the right to be released from the duties of a taxpayer in the following cases:
- if the status of the project participant is lost from the 1st day of the tax period in which such status was lost;
- if the annual volume of proceeds from the sale of goods (works, services, property rights), calculated in accordance with Ch. 25 of the US TC and the project received by this participant exceeded 1 billion rubles, from the first day of the tax period in which the excess occurred.
The amount of tax for the tax period in which the loss of the project participant's status occurred or the aggregate amount of profit received by the project participant exceeded
300 million rubles., is subject to recovery and payment to the budget in accordance with the established procedure with recovery from the project participant of the corresponding amounts of penalties.
The project participant has the right to use the right to release from the 1st day of the month following the month in which the status of the project participant was obtained. The project participant, who started using the right to release, must send to the tax authority at the place of its registration a written notice and the documents specified in para. 2, paragraph 7 of Art. 246.1 of the US Tax Code, no later than the 20th day of the month following the month from which the project participant started using the right to release.
A participant in the project who sent a notification to the tax authority about the use of the right to release (on the extension of the term of release) has the right to refuse exemption by sending an appropriate notice to the tax authority but to the place of registration as a project participant no later than the 1st day of the tax period , from which he intends to refuse liberation. A participant in a project that has refused to be released is not re-released.
At the end of the tax period no later than the 20th of the following month, the project participant, who used the right to release, sends to the tax authority:
- documents proving the right to release;
- notification about the extension of the use of the right to release during the subsequent tax period or on refusal of release.
If the project participant does not send documents confirming the right to release (or documents containing inaccurate information are submitted), the amount of tax is subject to restoration and payment to the budget in accordance with the established procedure with the recovery of the corresponding amounts of penalties from the project participant.
The documents confirming the right to release (extension of the term of release) are:
- documents confirming the presence of the status of the project participant and provided for by the Federal Law "About the Innovation Center" Skolkovo & quot ;;
- an extract from the book of income and expenditure records or a profit and loss statement (a report on financial results - from 2013) of the project participant, confirming the annual revenue from the sale of goods (works, services, property rights).>
The project participant has the right to send notification and documents to the tax authority by registered mail. In these cases, the day of submitting them to the tax authority is considered the sixth day from the date of sending the registered letter.
The amount of loss received by a taxpayer before using the right to release can not be transferred to the future after the organization is recognized as a taxpayer.The taxable profit is the profit received by the taxpayer.
Profit for the purpose of Ch. 25 of the US TC recognizes:
1) for United States organizations that are not participants in the consolidated group of taxpayers - the revenues received, reduced by the amount of expenditures incurred, which are determined in accordance with Ch. 25 of the Tax Code of the United States;
2) for foreign organizations operating in the United States through permanent missions - income received through these permanent missions, reduced by the amount of expenses incurred by these permanent missions, which are determined in accordance with Ch. 25 of the Tax Code of the United States;
3) for other foreign organizations - income received from sources in the United States. The income of these taxpayers is determined in accordance with Art. 309 of the Tax Code of the United States;
4) for organizations - members of the consolidated group of taxpayers - the value of the aggregate profit of participants in the consolidated group of taxpayers, attributable to this participant.
Tax base for the purposes of Ch. 25 The US TC recognizes the monetary expression of profits that are taxable.
The tax base for profits taxable at a rate different from the basic tax rate (20%) is determined by the taxpayer separately. The taxpayer maintains a separate accounting of income (expenses) for transactions for which, in accordance with Ch. 25 of the US Tax Code provides for a different from the general order of accounting for profit and loss.
Income and expenses of the taxpayer for the purpose of Ch. 25 US TCs are recorded in cash.
Incomes received in kind due to the sale of goods (works, services), property rights (including barter transactions) are accounted for, unless otherwise provided by the US Tax Code, based on the transaction price subject to the provisions of Art. 105.3 US TC. Non-sale income received in kind is taken into account when determining the tax base based on the transaction price taking into account the provisions of Art. 105.3 of the US Tax Code (see Chapters 29-30), unless otherwise provided in Ch. 25 Н To the USA. Market prices are determined in an order similar to the procedure for determining market prices established by Art. 105.3 of the US Tax Code, at the time of sale or commission of non-sales transactions (without including VAT, excise).
In determining the tax base, the profit subject to taxation is determined by the cumulative total from the beginning of the tax period.
In the event that in the reporting (tax) period the taxpayer received a loss - a negative difference between the income determined in accordance with Ch. 25 Н To the USA, and the expenses considered for the purposes of the taxation in an order provided гл. 25 of the US Tax Code, in this reporting (tax) period, the tax base is recognized as equal to zero.
When calculating the tax base the are not included in income and expenses of taxpayers, incomes and expenses related to the gambling business subject to taxation in accordance with Ch. 29 pcs US.
Taxpayers who are organizations of the gambling business, as well as organizations that receive income from activities related to the gambling business, are required to maintain a separate accounting of income and expenses for such activities.
In this case, the costs of organizations engaged in gambling, if they can not be separated, are determined in proportion to the share of the organization's income from activities related to the gambling business, in the organization's total income for all activities.
A similar procedure applies to organizations that have switched to UTII.
Taxpayers applying special tax regimes in accordance with the US Tax Code do not take into account incomes and expenses related to such regimes when calculating the tax base for the tax.
In the Tax Code of the United States are established features of determining the tax base:
- by banks
- non-state pension funds
- professional participants of the securities market;
- operations with securities;
- operations with FISS;
- to clearing organizations;
- organizations that received the status of a participant in the project for the implementation of research, development and commercialization of their results in accordance with the Federal Law "About the Innovation Center" Skolkovo. "
In addition, the specifics of determining the tax base:
- on income received from equity participation in other organizations;
- by taxpayers who carry out activities related to the use of objects of servicing industries and farms;
- participants of the trust management agreement;
- on income received by participants in the consolidated group of taxpayers;
- on income received by participants in the investment partnership agreement;
- on income received when transferring property to the authorized (share) capital (fund, property of the fund);
- on income received by participants in a simple partnership agreement
- upon assignment (assignment) of the right of claim;
- on operations with securities;
- on transactions with state and municipal securities;
- on REPO transactions with securities. Features of determining the tax base for income received from equity participation in other organizations, are set in Art. 275 US pcs. The amount of the tax on income from equity participation in the activities of organizations (for the purposes of Chapter 25 of the US Tax Code - dividends) is determined taking into account the following provisions.
If the source of the taxpayer's income is foreign organization, the amount of tax in respect of received dividends is determined by the taxpayer independently on the basis of the amount of dividends received and the corresponding tax rate provided for in cl. 284 US pcs (0 or 9%). At the same time, taxpayers who receive dividends from a foreign organization, including through a permanent representative office of a foreign organization in the United States, have no right to reduce the amount of tax calculated in accordance with Ch. 2.3 of the US Tax Code for the amount of tax calculated and paid at the location of the source of income, unless otherwise provided by an international agreement (agreement on avoidance of double taxation of income).
When receiving income in the form of dividends on property transferred to trust management, the founder (founders) of trust management (the beneficiary) is recognized as the recipient of such income. If such income is received if the trustee is a United States organization and the founder (founders) of the trust management (beneficiary) is a foreign person, the trust manager is recognized as a tax agent in respect of income in the form of dividends for which the tax agent was not at the source of payment of dividends the withheld tax or tax was withheld in an amount less than the amount of tax calculated from income in the form of dividends for the specified foreign organization.
If the United States organization of the tax agent pays dividends to a foreign organization and (or) an individual who is not a US resident, the tax base of the taxpayer - the recipient of dividends for each such payment is defined as the amount of dividends paid, and the rate established accordingly . 3 p. 3 of Art. 284 (for foreign organizations - 15%) or item 3 of Art. 224 of the US Tax Code (for individuals - 15%).
For taxpayers not listed above, the tax base of the United States organization, the tax agent for income received from equity participation in other organizations, is determined taking into account the following features.
The amount of tax to be withheld from the income of the taxpayer - the recipient of dividends, is calculated by the tax agent according to the following formula:
H = H & gt; CH (d-D),
where H - the amount of tax to be withheld; To - the ratio of the amount of dividends to be distributed in favor of the taxpayer - the recipient of dividends, to the total amount of dividends to be distributed by the tax agent; SN - the corresponding tax rate, established before. 1 and 2 of item 3 of Art. 284 (0 or 9%) or item 4 of Art. 224 US pcs (9%); d - the total amount of dividends to be distributed by the tax agent to the benefit of all the recipients; D is the total amount of dividends received by the tax agent in the current reporting (tax) period and the previous reporting (tax) period (with the exception of the dividends indicated in sub-clause 1 of clause 3 of Article 284 of the Tax Code - taxable at 0%) to the moment of distribution of dividends in favor of taxpayers - the recipients of dividends, provided that these amounts of dividends were not taken into account earlier when determining the tax base determined in respect of income received by the tax agent in the form of dividends.
If the value of H is negative, there is no obligation to pay tax and no refunds are made from the budget.
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