A group of deputies led by the head of the budget committee, Andrei Makarov, submitted to the State Duma a bill that lowers financial thresholds for companies to switch to tax monitoring. The bill (N1025470-7) has been published in the electronic database of the parliament.
According to the current legislation, a company can switch to tax monitoring if the total amount of taxes paid by it (VAT, MET, excise duty, income tax) for the past year is at least 300 million rubles. It is proposed to reduce this threshold to 100 million rubles. and include in the list payments for personal income tax and insurance premiums.
There are two more criteria for the transition to tax monitoring: the company's annual income from financial statements must be at least 3 billion rubles, and the total value of assets as of December 31 must be at least 3 billion rubles. This financial level is proposed to be reduced to 1 billion rubles.
The draft law leaves only one case when a desk audit can be appointed within the framework of tax monitoring, this is the early termination of monitoring within less than three months from the date of submission of the declaration. Now a desk audit can be carried out within the framework of VAT refunds and obtaining a reverse excise tax.
These changes were announced at the end of July by Prime Minister Mikhail Mishustin during his report to the State Duma. “I will ask you to lower the barriers, that is, it should be somewhere around 1 billion rubles – we will have about 100 companies next year, but this is a” big man “- and if there are about 1 billion rubles of assets and 100 million paid taxes, it seems to me that we will significantly expand the number of taxpayers who will switch to this well-proven regime, “Mishustin said.
He recalled that the tax monitoring system is a “special relationship”, this is when a company actually completely opens its accounting system, the financial system for conducting business transactions to the tax service, regardless of the norms of the Tax Code, and in return receives a lack of audits and a reasoned opinion of the tax authority in if necessary.
The tax monitoring regime significantly accelerates the resolution of disputes on the application of tax legislation and allows the taxpayer to avoid additional charges of taxes, penalties and fines in the future, and also reduces the burden of tax control. The period for which tax monitoring is carried out is a calendar year.
Monitoring involves the opening by companies of tax authorities of access to their tax and accounting records online, the provision of primary documents and explanations at the request of tax authorities. The tax authority, in turn, gives explanations on certain tax risks, based on the information that the taxpayer provides before concluding a particular transaction, during its conclusion, before and after filing a tax return.
A number of companies have signed agreements on tax monitoring, half of the participants are in the oil and gas sector.