Tax return for corporate property tax in 2021

Quarterly “property” reporting

For quarterly property tax reporting, an advance payment calculation form is provided, approved by order of the Federal Tax Service of Russia dated March 31, 2017 No. ММВ-7-21/

The calculation consists of:

• Title page;
• Section 1 “Amount of tax payable to the budget”;
• Section 2 “Determination of the tax base and calculation of the amount of tax in relation to the taxable property of Russian organizations and foreign organizations operating in the Russian Federation through permanent representative offices”;
• Section 2.1 “Information on real estate objects taxed at the average annual cost”;
• Section 3 “Calculation of the amount of tax for the tax period on a real estate object, the tax base in respect of which is determined as the cadastral value.”

But it (the calculation) is not useful to all organizations.

The fact is that intra-annual “property” calculations are mandatory only if the regional authorities have provided for such a system in their legal regulations. The absence of mention of reporting periods in the regional law relieves the organization of the need to submit calculations. Therefore, even before you start completing the calculation, take a look at the regional law on property tax.

This should also be done by those companies that are aware of the quarterly “property” obligation, but have not updated the nuances of regional legislation for a long time. It is likely that new information has appeared there that could affect the amount of the quarterly “property” advance. After all, after the abolition of the federal benefit on movable property, the regions were given the right to establish benefits on movable property. They must provide for all the nuances in regional “property” legislation.

From 01/01/2018, movable property of III and subsequent depreciation groups (i.e. with a useful life of more than 3 years), which was registered on 01/01/2013, is exempted only if the corresponding benefit is established by a constituent entity of the Russian Federation (clause 1 Article 381.1 of the Tax Code of the Russian Federation).

If such a benefit is not established, property tax on this movable property will have to be paid. At what rate - the regional law will indicate, but in any case - no higher than 1.1% in 2018 (clause 3.3 of Article 380 of the Tax Code of the Russian Federation, as amended, valid from 01/01/2018).

IMPORTANT! Don’t get confused - you need to submit not a quarterly property tax return, but an advance calculation. The deadline for its submission is no later than 30 days from the end of the quarter (clause 2 of Article 386 of the Tax Code of the Russian Federation).

Calculations of advance payments for property tax in 2021 are due within the following deadlines:

• for the 1st quarter of 2021 – 05/03/2018 (including transfer);
• half year 2021 – 07/30/2018;
• 9 months 2021 – 10/30/2018.

The 2021 property tax return is due no later than April 1, 2021.

General provisions

The obligation to pay property tax is assigned to all organizations whose balance sheets include taxable property.
This fiscal obligation relates to regional levies. This means that the specific tax rate and frequency of payment are regulated by the authorities of the subject. Regional authorities approve the deadlines for submitting property tax returns. Also, regional executive authorities have the right to supplement or reduce the list of benefits (non-taxable property), provide additional privileges and concessions for certain categories of taxpayers.

Property tax return: main criteria for formation

Place and deadline for payment: we follow the rules

An example will help you understand these questions:

At the end of the 1st quarter of 2021, Tango LLC, Reserve LLC and Concern TTM PJSC submitted quarterly settlements for “property” advance payments:

• LLC "Tango" - sent four paper calculations on April 17, 2018 (for the parent company and three branches);
• LLC "Reserve" - ​​reported on May 15, 2018 for the “property” advance in one payment in electronic form;
• PJSC Concern prepared 9 calculations and submitted them on April 19, 2018 to the INFS at the place of registration of the head office and each of the separate divisions allocated with property.

Information about the companies is given in the table:

All companies made mistakes when submitting tax calculations for property taxes:

• Tango LLC reported on paper, although the average headcount exceeded 100 people. (clause 3 of article 80 of the Tax Code of the Russian Federation). For a newly formed company, this indicator is taken at the time of commencement of activity.
• For Reserve LLC, a paper calculation could not become a reason for a fine - with a staff of no more than 100 people. he has access to both methods of submitting a report (both electronic and paper). But the calculation was submitted late (later than the date established in paragraph 2 of Article 386 of the Tax Code of the Russian Federation - 30 calendar days after the reporting quarter).
• PJSC Concern TTM, instead of 9 settlements to different Federal Tax Service Inspectors, is obliged to submit one settlement to the inspection for the largest taxpayers (clause 1 of Article 386 of the Tax Code of the Russian Federation).

In addition, Tango LLC had the opportunity to simplify reporting procedures by reducing the number of submitted calculations for separate divisions located in the same region (letter of the Federal Tax Service dated September 13, 2017 No. BS-4-21/). The need to submit several calculations is eliminated for such companies if, before the start of the tax period, the possibility of submitting one “property” calculation is agreed upon with the tax authorities and the recipient of its receipt is determined.

As you can see, when submitting property tax calculations in 2018, you need to observe a number of important nuances: deadlines, place and format of submission.

Read also

27.10.2017

When is the corporate property tax return for 2018 submitted?

From 2021, new reporting periods have been introduced: quarter, half-year, 9 months. Any LLC or other organization that pays such tax is required to submit a declaration. Its form, rules, and procedure for filling out are indicated in Order No. ММВ-7-11/895 - this is a document issued by the Federal Tax Service in 2011. Deadlines for filing and payment are no later than March 30, when there are reporting periods, and at the same time an advance payment, then within 30 days after the end of the period. Reporting is provided at the location of all Russian companies. For foreigners - where they are registered, it can also be done at the location of the real estate itself, and for the largest taxpayers - where they are registered.

What are the consequences of late submission of reporting forms?

If an organization does not comply with the deadline for submitting a property tax return, then it faces liability in accordance with Articles 119 and 119.1 of the Tax Code of the Russian Federation in the form of a fine:

• 200 rub. — for failure to comply with the electronic reporting form;
• 5% of the unpaid amount of the calculated payment to the budget based on unsubmitted reporting, but not less than 1000 rubles. and no more than 30% of the specified amount.

In addition, if a tax return is not submitted, the Federal Tax Service has the right to block transactions on the company’s bank accounts until the report is submitted to the inspectorate (clause 3 of Article 76 of the Tax Code of the Russian Federation). Blocking occurs if the delay is more than 10 days.

By order of the Federal Tax Service dated March 31, 2017 No. ММВ-7-21/ [email protected] the form of the property tax declaration for 2021 was approved. For the first time, all property tax payers reported on it for 2021. According to it, in its original version, you need to report on the results of 2021 (Letter of the Federal Tax Service dated November 22, 2018 N BS-3-21 / [email protected] ).

Read more: Can an employee be laid off while on maternity leave?

What is the deadline for submitting the property tax return for 2018? The property tax return for 2021 must be submitted no later than April 1, 2021, since 03/30/2019 is a Saturday (clause 3 of article 386, clause 7 of article 6.1 of the Tax Code of the Russian Federation).

Reporting if there are two bases (average annual and cadastral value)

The amount of property tax can be calculated from two fundamentally different tax bases (Article 375 of the Tax Code of the Russian Federation):

• the average annual value of property that forms all fixed assets of a legal entity, with the exception of land, non-taxable objects and objects with a tax base in the form of cadastral value;

How to determine the residual value of an asset, see

• cadastral value applied to real estate objects of a certain type (clause 1 of Article 378.2 of the Tax Code of the Russian Federation), which have undergone a cadastral assessment and are assigned as an object subject to taxation according to “cadastral” rules in the region (clauses 2 and 7 of Article 378.2 of the Tax Code of the Russian Federation) .

For which real estate properties property tax is calculated from the cadastral value, find out.

The tax periods for both bases are the same and equal to a year. The tax for the year for each of the bases should be calculated in full (clause 1 of Article 382 of the Tax Code of the Russian Federation), but the total amount payable will be determined taking into account advances accrued during the year (clause 2 of Article 382 of the Tax Code of the Russian Federation).

The declaration, despite the possibility of simultaneous presence of two different bases, is compiled into a single one, but the corresponding calculations are given in different sections:

• according to the average annual value of property for the year - in section 2;
• for cadastral value - in section 3, and the number of sheets in it is equal to the number of objects that have such a base.

What determines the need to prepare several declarations for the same taxpayer, see this publication.

Accounting statements for 2021 to the Federal Tax Service and Rosstat

*If the last day of the period falls on a day recognized in accordance with the legislation of the Russian Federation as a weekend and (or) a non-working holiday, the end of the period is considered to be the next working day following it.