Benefit canceled
The all-Russian corporate property tax benefit has been liquidated since 2018. It concerned only movable property.
The new mechanism for the benefit is now as follows: if a region of Russia did not adopt a law introducing a benefit on movable property in 2021, then it will not apply from 2021 (Article 381.1 of the Tax Code of the Russian Federation). And it must be said that the regions don’t really want to introduce it anyway.
Initially, the Russian Ministry of Economic Development proposed to exempt all movable property of enterprises from tax and extend these rules to legal relations arising from 01/01/2018. The Cabinet of Ministers generally wanted to maintain this benefit at the federal level until 2021, but many constituent entities of the Russian Federation were against it. They expressed a desire to exercise their right not to introduce benefits on their territory, in order to thereby increase the collection of property tax, since it is of a regional nature.
As a result, all parties to this process agreed on an option that suited everyone.
Let us remind you that by virtue of subclause 8 of clause 4 of Art. 374 of the Tax Code of the Russian Federation, in principle, only fixed assets from the III and subsequent depreciation groups (i.e., the useful life of which is from 3 years), registered from January 1, 2013, are subject to tax.
What is it charged for?
When calculating tax, many individual company parameters are taken into account. Not only the industry of activity matters, but also the form of ownership and the size of the authorized capital. Thus, some parameters determine not only the application of the property tax rate, but also the objects of taxation themselves. For example, for domestic companies, the object of taxation is all types of movable and immovable property included in the list of fixed assets. This does not take into account their origin and right of ownership, since leased property also belongs to the fixed assets.
For enterprises with foreign participation, the procedure is slightly different. If a company operates through an official representative office, then all property received on the basis of a concession agreement is taxed.
Quarterly calculations and an annual declaration are submitted as reporting. Quarterly reports are submitted within the next month, and declarations are submitted within 3 months after the end of the year.
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Possibility of additional benefits
At the same time, for the property tax of organizations, from January 1, 2018, the likelihood of new benefits for movable objects increases (new clause 2 of Article 381.1 of the Tax Code of the Russian Federation). Again, it all depends on the discretion of the regional authorities on their introduction.
They can be (new Article 381.1 of the Tax Code of the Russian Federation):
1. For movable property, from the date of issue of which up to 3 years have passed.
2. By innovative equipment with high efficiency.
3. Property located in the Russian part of the Caspian Sea.
Let us clarify that the composition of objects that can be classified in the second category is also determined by the subject of the Russian Federation.
This benefit can be either a reduced rate or a complete tax exemption.
Also see “What will change in 2021: taxes, insurance premiums, reporting, accounting and a new fee.”
Property tax rate in 2021 for individuals
The obligation to pay property tax also applies to individuals – citizens of the Russian Federation. Starting from 2021, for this category of payers it is calculated according to new rules.
For individuals, the tax rate for property tax 2021 is applied based on the cadastral or inventory value of the property.
About rates for cadastral valuation
In most regions of the Russian Federation, property tax for individuals is calculated based on its cadastral value, determined at the beginning of the tax period. Where there is a law on the use of cadastral valuation as a tax base, the marginal rates are (clause 2 of Article 406 of the Tax Code of the Russian Federation):
Bid | Objects |
0.1% (the rate can decrease, down to zero, or increase, but not more than 3 times) | Residential buildings (including unfinished ones), apartments, rooms, unfinished objects, real estate complexes with a residential building, garages, parking spaces, outbuildings up to 50 sq. m. m in summer cottages |
2% | Administrative and shopping centers costing from 300 million rubles. |
0,5% | Other objects |
If the rates are not determined by regional law, the specified values are used for calculation.
When calculating the amount of property tax for individuals, a reduction factor is applied, the value of which directly depends on the period of its application. So, in the subjects where the tax is calculated based on the cadastral value, the following is applied:
- the second year relative to the tax period - the calculated coefficient increases from 0.2 to 0.4;
- third year – the coefficient will be 0.6,
- fourth – 0.8.
The rules for applying the cadastral value established during the tax period have been clarified
The new subclause 2.1 of clause 12 of Article 378.2 of the Tax Code of the Russian Federation, which was introduced by Law No. 286-FZ, finally clarifies, from January 1, 2018, the procedure for determining the tax base and calculating tax (advance payment) if the cadastral value of objects is established during the year. This applies to two types of property (subclauses 3 and 4 of clause 1 of Article 378.2 of the Tax Code of the Russian Federation):
1. Real estate of foreign companies
2. Residential properties not included on the balance sheet as fixed assets.
For them, a cadastral valuation is used, which is determined precisely on the date of making changes to these objects in the Unified State Register of Real Estate.
New declaration form
Changes to the property tax of legal entities were not spared. persons since 2018 and reporting form. Thus, for 2021, organizations submit a property declaration on a new form. It is fixed by order of the Federal Tax Service of Russia dated March 31, 2021 No. ММВ-7-21/271. Let us remind you that the deadline for its submission is until March 30, 2021 inclusive.
Please note that in the new property declaration form the stamp and OKVED code on the title page are no longer required. And in Section 3, three new lines appeared:
- 001 “Property type code”;
- 030 “Share in common property rights”;
- 035 “Share of cadastral value.
One of the important changes is also that in order to identify real estate in section 2.1 of the declaration in line 010 it is necessary to indicate cadastral numbers, and in their absence - conditional numbers (page 020) in accordance with the Unified State Register of Real Estate. If the rights to objects are not registered, enter inventory numbers (p. 030) or 12-digit codes (p. 040) in accordance with OKOF (OK 013-2014).
You can download the new 2021 property tax return form for free from our website here.
Table of changes in property tax 2014–2020.
The foundations for the reform of the property tax of organizations of the Tax Code of the Russian Federation were laid back in 2014 and continue to this day. We have collected the main changes in property tax in the table.
Year | Change |
2014 |
|
2015 | The most significant changes in property tax since 2015:
The old rules for calculating property tax of organizations in the Tax Code of the Russian Federation in 2015 were changed in relation to the following points:
|
2016 |
|
2017 |
Read about the value of these rates in the material “Railroads received a property tax benefit .
|
2018 |
Read more about this innovation in the material “Tax on movable property of organizations from 2021”.
|
2019 |
For more details, see Art. “The tax on movable property has been abolished”
See here for details.
|
2020 |
See “Property Tax Advances: New in Calculation for 2021.”
|
In recent years, additional obligations for the provision of information on property tax of the Tax Code of the Russian Federation have been formulated:
- for legal entities registered in the Unified State Register of Legal Entities, who submit a declaration (tax calculations) to the Federal Tax Service and pay tax regardless of the fact of registration at the location of the property (clause 7 of Article 383 and clause 5 of Article 386 of the Tax Code of the Russian Federation);
- foreign legal entities and foreign organizations that do not form legal entities, which, together with the declaration, provide information about their participants (founders) with a participation share of more than 5% (clause 3 of Article 386 of the Tax Code of the Russian Federation).
ConsultantPlus experts have prepared step-by-step instructions for calculating and paying corporate property tax in 2020:
If you do not have access to the K+ system, get a trial online access for free.
New list for the gas industry
Decree of the Government of the Russian Federation dated November 22, 2021 No. 2595-r introduced a new list of real estate necessary for the operation of main gas pipelines, gas production facilities, helium production and storage, etc.
A zero tax rate is applied to this property on the basis of clause 1 of Art. 380 Tax Code of the Russian Federation. The list from 2021 includes 125 positions according to the All-Russian Classifier of Fixed Assets OK 013-2014 (SNS 2008) (adopted and put into effect by order of Rosstandart dated December 12, 2014 No. 2018-st).
Read also
07.11.2018