What changes in legislation for accountants in 2021

Changing the procedure for submitting financial statements

On January 1, Federal Law No. 444-FZ dated November 28, 2018 “On Amendments to the Federal Law “On Accounting” comes into force. Now most organizations will no longer have to submit their financial statements to Rosstat. In accounting, from 2021, the principle of “one window” will operate, namely the tax service, which will collect reports. The deadlines for submitting annual financial statements will not change.

An exception will be organizations whose reports contain information classified as state secrets, and some other organizations determined by the Government of the Russian Federation.

The Federal Tax Service of Russia, based on financial reporting data, will create an information resource to which interested parties will have access. Access will be paid for everyone, with the exception of government agencies and the Central Bank of the Russian Federation.

What changed in 2019-2020

The changes that came into force in 2021 turned out to be no less significant than those that preceded this year.

There were no changes in accounting. An exception is budgetary institutions, which from January 2021 are required to publish accounting policies on their websites and disclose their provisions in detail in their reporting.

But there are innovations in the area of ​​tax legislation. Among the significant updates:

• increase in the VAT rate from 18% to 20% - see details here;
• special regime officers at the Unified Agricultural Tax became VAT payers - details in this material;
• The standard is set at 700 rubles. for personal income tax on field allowances;
• The tax on movable property has been abolished - read about the nuances here .

Read about the most significant tax updates for 2019 here.

When working on the accounting policy for 2021, in addition to the above, it was also necessary to take into account the innovations of 2019, including:

• introduction of a new restriction on changing the method of depreciation of fixed assets: switching from a linear to a non-linear method is now also possible no more than once every 5 years;
• extension of the 50% limitation on loss carryover until 12/31/2021 inclusive;
• the ability to apply an investment deduction to fixed assets of the eighth - tenth depreciation groups, except for buildings, structures, transfer devices;
• numerous changes in property taxes, etc.

We talked more about tax changes from 2021 in this article.

And of course, do not forget that starting from 2021, changes have been introduced to the procedure for submitting financial statements.

Changing the procedure for submitting tax reports

From 2021, Federal Law No. 63-FZ dated April 15, 2019, which amended the Tax Code of the Russian Federation, cancels the submission of calculations for advance payments of corporate property tax. In addition, when calculating the amount of the advance payment for corporate property tax, you can use a different cadastral value that differs from the cadastral value as of January 1 of the year that is the corresponding tax period.

A taxpayer who is registered with several tax authorities at the location of his real estate on the territory of a constituent entity of the Russian Federation may submit a tax return for property tax for all objects to one tax authority of his choice. The notification form on the procedure for submitting a tax return to the tax authority on the territory of a constituent entity of the Russian Federation was approved by order of the Federal Tax Service of Russia dated June 19, 2019 N ММВ-7-21/ [email protected]

Taxes

From the beginning of the year, Russia will have one less taxation system - UTII will sink into oblivion. Let's go through changes in other taxes.

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Income tax

New declaration form. For the 2021 report, you must submit a new form approved by Order of the Federal Tax Service of Russia No. ED-7-3/655 dated September 11, 2021. The changes are related to a whole range of amendments to tax legislation. In particular, it is no longer necessary to include information on the income of individuals from transactions with securities, the list of non-taxable income has become wider, new beneficiaries and features of taxation of participants in special investment contracts have appeared.

IT companies will pay less. To the federal budget - 3%, to the regional budget - 0%. The benefit will be received by companies accredited by the Ministry of Telecom and Mass Communications, which employ at least 7 people and receive at least 90% of their income from the sale and maintenance of their own software (Clause 4 of Article 1 of Federal Law No. 265-FZ of July 31, 2020).

At the same time, the right of IT companies to write off the costs of purchasing electronic computer equipment as material expenses was abolished. Now they will take into account such costs according to the general rules (clause 3 of article 1 of Federal Law No. 265-FZ of July 31, 2020).

The possibilities for applying the investment tax deduction have been expanded. Thus, a deduction can also be applied to R&D expenses (Federal Law No. 374-FZ of November 23, 2021). Up to 90% of such expenses can be attributed to tax reduction in the regional budget, and 10% - in the federal budget. Regions will have the right to introduce such deductions and the conditions for its application.

VAT

New declaration form. For the report for the fourth quarter of 2020, you need to submit a new form approved by Order of the Federal Tax Service of Russia No. ED-7-3/591 dated August 19, 2021.

There will be fewer beneficiaries among IT companies. If previously IT companies did not have to pay VAT when selling software, then from 2021 the benefit will remain only for those whose software is included in the “Unified Register of Russian Computer Programs and Databases” (Clause 1, Article 1 of Federal Law No. 265 - Federal Law of July 31, 2021).

Eliminated uncertainty when selling bankrupt products. Such transactions are not subject to VAT, including if goods are purchased or services are provided in the course of business activities after the debtors are declared bankrupt (Article 1 of Federal Law No. 320-FZ of October 15, 2021).

The exemption for the sale (import) of breeding livestock has been extended. The benefit was valid until the end of 2021, but has now been extended until the end of 2022 (Federal Law No. 375-FZ of November 23, 2021).

The list of services exempt from VAT has been expanded. A number of services of financial platform operators have been released. In particular, services for identifying participants in a financial platform, services for ensuring interaction between participants in a financial platform via the Internet (Clause 3, Article 2 of Federal Law No. 374-FZ of November 23, 2021).

Personal income tax

New form of declaration 3-NDFL. For the 2020 report, you need to submit a new form approved by Order of the Federal Tax Service of Russia No. ED-7-11/615 dated August 28, 2021.

New form of calculation of 6-NDFL. For the report for the first quarter of 2021, you need to submit a new form approved by Order of the Federal Tax Service of Russia No. ED-7-11/753 dated October 15, 2021.

2-NDFL certificates are cancelled. Information on employee income will now be included in the calculation of 6-NDFL; there will be no separate 2-NDFL certificates (subclause “a”, paragraph 19, article 2 of Federal Law No. 325-FZ of September 29, 2021). But at the end of 2021, 2-NDFL certificates must be submitted.

Progressive personal income tax scale. Only income up to 5 million rubles per year will be taxed at a rate of 13%. Tax on the excess amount must be withheld at a rate of 15% and transferred to a separate KBK. The limit does not include income from the sale of personal property and gifts other than securities, payments under insurance contracts (Federal Law No. 372-FZ of November 23, 2021).

Interest on deposits will be taxed in a new way. Only the interest that a depositor could receive on 1 million rubles at the key rate of the Central Bank will not be subject to personal income tax. Anything above this amount will be subject to personal income tax at a rate of 13% (clause 2, 4, article 2 of Federal Law No. 102-FZ of April 1, 2021).

Tax on simplified tax system

The annual income limit has been increased. For several years it was at the level of 150 million rubles, from 2021 it will be 154.8 million rubles. (Order of the Ministry of Economic Development of the Russian Federation dated October 30, 2021 No. 720). But even when this limit is reached, the right to the simplified tax system is no longer lost. If the income does not exceed 200 million rubles, the simplifier will work with an increased tax rate.

Transitional transition for those who have exceeded the limits. If an organization or individual entrepreneur on the simplified tax system exceeds the limits for employees and income during the year, they do not immediately “fly off” the simplified tax system, as before. As long as the income does not exceed 200 million rubles, and the number of employees is 130 people, the right to the simplified tax system remains, but the tax rate increases to 8% for the simplified tax system “Income”, and to 20% for the simplified tax system “Income minus expenses” (clauses 2, 4 Article 1 of Federal Law No. 266-FZ of July 31, 2021).

Tax on PSN

In connection with the abolition of UTII, the patent system has undergone significant changes. It was expanded and supplemented so that more entrepreneurs could conduct business under a patent (Federal Law No. 373-FZ of November 23, 2021).

The list of activities has been expanded. There are now 80 of them instead of 63. But this list is not closed either - local authorities can introduce new types by their laws, except for activities under simple partnership agreements or property trust management agreements, production of excisable goods, extraction and sale of minerals, wholesale trade and trade under contracts supplies, securities transactions, credit and financial services.

Restrictions have been introduced for carriers. Freight or passenger transportation on PSN is possible only if no more than 20 vehicles are used for these purposes. The area limits for catering and retail have been increased. Previously, for these types of activities the area could not exceed 50 square meters, now the limit will be 150 meters.

It was allowed to deduct insurance premiums from the cost of the patent. Previously, insurance premiums had no effect on the patent fee. Now, by analogy with UTII and simplified tax system 6%, entrepreneurs will be able to reduce the cost of a patent for contributions for themselves and their employees. Individual entrepreneurs without employees will be able to reduce the patent up to 100%, with employees - up to 50%.

The tax period has been changed for 2021. If an individual entrepreneur took out a patent for less than a year, the tax period for him will be the validity period of the patent. If the patent was taken for a whole year, the tax period will be a month. This means that an individual entrepreneur who took out a patent for a year, but during the year lost the right to use the PSN, will have to recalculate taxes as under the simplified tax system or OSNO not for the entire year, but only for the last month.

The limit on potential income has been removed. The potential income for calculating the cost of a patent is determined by the authorities of the constituent entities of the Russian Federation. Previously, it could not be more than 1 million rubles. taking into account the deflator coefficient. Now there are no such restrictions.

A temporary patent has been introduced for those transferring from UTII. It can be taken if in the fourth quarter of 2021 the individual entrepreneur used UTII for the following types of activities: catering or retail trade on an area of ​​50 to 150 square meters, parking lots, car services. The temporary patent is valid until a maximum of March 31, 2021, and only if local authorities have not yet managed to amend their laws on PSN. The cost of such a patent is calculated using a special formula.

Property taxes

New form of declaration for corporate property tax. Starting with the report for 2021, you need to submit a new declaration approved by Order of the Federal Tax Service of Russia No. ED-7-21/475 dated July 28, 2021. The changes are related to taking into account tax holidays, tax amnesty and the conclusion of an agreement on the protection and promotion of investment.

Declarations on transport and land taxes were cancelled. Already in 2021, based on the results of 2021, there is no need to submit a declaration for these taxes (Part 9, Article 3 of Federal Law No. 63-FZ of April 15, 2021). Tax authorities, for informational purposes, will send organizations messages about the amount of tax, but organizations must still calculate the tax on their own and pay it regardless of whether they received the notification.

Uniform deadlines for payment of transport and land taxes. The deadlines throughout Russia will now be the same: for tax - until March 1, for advance payments - no later than the last day of the month following the expired reporting period (Federal Law of September 29, 2019 No. 325-FZ).

Changing forms of accounting and tax reporting

The forms of financial statements themselves have been changed since January 1 by order of the Ministry of Finance of Russia dated April 19, 2019 N 61n, which amended the order of the Ministry of Finance dated July 2, 2010 N 66n “On the forms of financial statements of organizations.” In the header of all accounting forms in the line “Type of economic activity” the word OKVED is replaced by OKVED.2 - the actually used classifier of types of economic activity.

Also, in balance sheets and other forms, the possibility of using a million as a unit of measurement is excluded. Now all reporting will be compiled in thousands of rubles. The amendment is aimed at ensuring comparability of reporting indicators from period to period and bringing it into uniformity for all organizations (large, medium and small).

A new line “Accounting statements are subject to mandatory audit [YES/NO]” has been added to the balance sheet form. In it, organizations for which an audit is mandatory will disclose the name of the audit organization or full name of the individual auditor, INN and OGRN or OGRNIP of the auditor, if at the time of submission of the reports the audit has already been conducted and an audit report has been issued. At the same time, the audit report itself, as now, can be submitted to the Federal Tax Service along with the reporting or within 10 working days from the date of issue of the audit report, but no later than December 31 of the year following the reporting year.

In the financial statements on changes in capital, on cash flows and on the intended use of funds, the OKUD codes have changed:

• Report on the intended use of funds - 0710003;
• Statement of changes in capital - 0710004;
• Cash flow statement - 0710005.

From 2021, the financial statements of organizations not related to the public sector are considered to be compiled after they are signed by the head in paper or electronic form.

Changes in tax accounting

Federal Law No. 379-FZ dated November 28, 2019 clarified the list of property of organizations subject to tax based on cadastral value. In accordance with the amendments to Article 378.2 of the Tax Code of the Russian Federation, the types of real estate for which the tax base for property tax is determined as cadastral value now include:

• Living spaces,
• garages,
• parking spaces,
• unfinished construction projects,
• residential buildings,
• garden houses,
• economic buildings or structures located on land plots provided for private farming, gardening, horticulture or individual housing construction.

Federal Law No. 255-FZ of July 30, 2019 clarifies the date for recognition of non-operating income in the form of a positive difference between the amounts of excise taxes accepted for deduction and accrued amounts. Legal entities that carry out transactions with excisable goods may generate income in the form of the difference between the amounts of excise taxes accepted for deduction on individual transactions with excisable goods and the amounts of excise taxes accrued by it on these transactions. The date of recognition of income is the date of submission of the excise tax return in respect of the relevant transactions.

Federal Law No. 166-FZ dated July 18, 2017 established that from January 1, 2021, income in the form of property rights to the results of intellectual activity identified during the inventory carried out by the taxpayer is taken into account when determining the tax base for income tax. Until now, property rights to the results of intellectual activity identified from January 1, 2018 to December 31, 2021 inclusive as a result of an inventory of property and property rights were not taken into account when determining the tax base.

Expenses for the creation of social infrastructure facilities, transferred free of charge into state or municipal ownership, are now included in non-operating expenses when calculating corporate income tax.

Transport tax

A citizen can submit an application for benefits without supporting documents. From January 1, 2021, a new rule was established. If a citizen has submitted an application for a benefit to the tax inspectorate, but has not provided documents confirming such a right, the inspector will request them from the authorities or organizations that have this information. They have seven days to fulfill the request.
If the documents are not provided upon request, the inspector will request them from the citizen himself.

Changes in accounting provisions

On January 1, 2021, the following come into force and begin to apply with reporting for 2021:

• Order of the Ministry of Finance of Russia dated November 20, 2018 N 236n “On amendments to the accounting Regulations “Accounting for calculations of corporate income tax” PBU 18/02”,
• Order of the Ministry of Finance of Russia dated December 4, 2018 N 248n “On introducing amendments to the Accounting Regulations “Accounting for State Aid” PBU 13/2000”;
• Order of the Ministry of Finance of Russia dated July 2, 2002 N 66n “On approval of the Accounting Regulations “Information on Discontinued Activities” PBU 16/02.”

In particular, PBU 18/02 changed the terminology of permanent tax asset/liability to permanent tax income/expense. The standard also clarifies the concepts of temporary differences and the definition of the accounting procedure for calculating income taxes by participants (including the responsible participant) of a consolidated group of taxpayers.

In addition, the new edition of PBU 18/02 clarifies the concept of income tax expense (income). Income tax expense (income) is reflected in the income statement as an income tax that reduces (increases) the pre-tax profit (loss) of the reporting period. It consists of current and deferred income taxes.

Changes to PBU 13/2000 “Accounting for State Assistance” are aimed at bringing the rules for accounting for state assistance in accordance with IAS 20 “Accounting for Government Grants and Disclosure of Information on State Assistance”. In particular, it is now possible to recognize government assistance in accounting at the time of actual receipt of money.

When accounting for budgetary funds for capital expenditures, costs incurred from the budget are written off as depreciation accrues over the life of the capital expenditure item. When budget funds are allocated to compensate for costs previously incurred by the organization, they are included in the financial results of the organization.

The amendment to PBU 16/02 is aimed at bringing the standard into compliance with IFRS 5 “Non-current assets held for sale and discontinued operations”. A new concept has been introduced: “long-term asset for sale.” This is an asset (fixed asset or other non-current asset), the use of which is suspended for the purpose of its further sale. If the decision to sell is made or a sale agreement is concluded, the asset is transferred to current assets and its further valuation is carried out according to the rules for valuation of inventories.

When accounting for long-term assets for sale, the accountant must describe in the explanation:

• long-term assets themselves for sale;
• the circumstances of the sale or just the intention;
• financial result from the sale of an asset;
• an item for reflecting this result in the financial results statement;
• a reportable segment that includes indicators related to a long-term asset available for sale.

Changes in recent years affecting accounting policies for 2021

Of the changes in recent years leading up to 2021, the most significant are:

• increase to 100,000 rub. the value of the acquired property for the purposes of its recognition in tax accounting as a fixed asset (FA);
• increase to 15 million rubles. the amount of average quarterly income giving the right to pay quarterly advances on profit;
• introducing the possibility of applying VAT deductions in the same manner as for sales on the territory of the Russian Federation for exporters of non-commodity goods and expanding the circle of persons entitled to apply the declarative procedure for compensation;
• the adoption of a law on online cash registers, changing the composition of persons obliged to use updated cash registers and exempt from this obligation;
• clarification of the criteria for SMEs that are not entitled to use simplified accounting methods (primarily these are those SMEs whose reporting is subject to mandatory audit), and appearance in PBU 2/2008, 8/2010, 11/2008, 12/2010, 16/02 , 18/02 separately specified permissions not to apply their provisions to those who conduct accounting using simplified methods;
• introduction of the obligation to charge property tax based on the cadastral value for persons previously exempt from such payments.

The changes that came into force in 2021 and are significant for accounting policies are as follows:

• options have appeared for determining the amount of the reserve for doubtful debts;
• the share of profit that can be used to write off losses of previous years is limited to 50%, but the 10-year limitation on the period for write-off has been removed;
• the ratio of distribution of income tax between budgets has been changed (3 and 17% instead of 2 and 18%);
• OKOF and OS classifier updated;
• the limits that are significant for the application of the simplified tax system have been increased (up to 112.5 million rubles - 9-month income, up to 150 million rubles - total annual income, up to 150 million rubles - limit on the cost of fixed assets);
• regions are given the right to decide on the application of property tax exemption for movable objects acquired after 2012;
• insurance premiums for compulsory health insurance, compulsory medical insurance, compulsory social insurance (for disability and maternity) began to be subject to the provisions of the Tax Code of the Russian Federation, the limits of the bases for them have traditionally increased, and a restriction has appeared for the amounts of daily allowance not subject to contributions;
• the sequence of preferences when choosing a sample is determined in the case of independent development of accounting methods: IFRS standards - analogues in RAS standards - recommendations in the field of RAS;
• The list of energy-efficient facilities that allow the use of accelerated depreciation has become wider.

In 2021, the following changes were adopted that must be taken into account when drawing up accounting policies:

• the algorithm for calculating the provision for doubtful debts has been adjusted;
• from 01/01/2018, an investment deduction was introduced for the costs of major repairs and purchase of fixed assets;
• additions to the rules for accounting for R&D expenses (some of them are limited to a certain period of validity);
• for the period 2018–2022, the list of objects for which accelerated depreciation can be applied has been expanded (due to water supply and sanitation facilities), and in relation to buildings with high energy efficiency it has been reduced;
• the requirements for separate VAT accounting according to the “5% rule” have changed;
• buyers of scrap metal and raw hides were required to pay VAT;
• The tax rate on movable property has been reduced to 1.1%.

We talked about other changes in 2021 here .

Application for granting an organization a tax benefit

On January 1, 2021, the order of the Federal Tax Service of Russia dated July 25, 2019 N ММВ-7-21/ [email protected] , which approved the application form for granting an organization a tax benefit for transport and land taxes. Taxpayers-legal entities must send to the Federal Tax Service if they apply to the tax authority for a tax benefit for transport tax and (or) land tax, including the provision of tax deductions, as well as the use of other grounds established by law that exempt them from paying these taxes.

The same order establishes the procedure for filling out the application form.

New 2-NDFL

From January 1, 2018, the 2-NDFL certificate will have to be drawn up using a new form. It was approved by order of the Federal Tax Service of Russia dated October 24, 2017 No. ММВ-7-11/ [email protected]

The update was required so that the legal successors of the converted tax agents could provide information on the income of individuals. The form now requires additional information. For example, about the form of reorganization of a legal entity, as well as about the INN and KPP of the reorganized organizations.

In addition, the certificate must use new codes for types of income and deductions.

Along with this, some information from the form was removed. Thus, in section 2 “Data about an individual - recipient of income”, you no longer need to fill in fields related to the address of residence, and in section 4, investment deductions are excluded from tax deductions.

Insurance premiums

Decree of the Government of the Russian Federation dated November 6, 2019 N 1407 changed the income limit of an individual from whom insurance contributions for social and pension insurance are paid. As a result of indexation by 1.054 times, the following maximum base value for calculating insurance premiums was established:

• for compulsory social insurance in case of temporary disability and in connection with maternity - 912,000 rubles cumulatively from the beginning of the year;
• for compulsory pension insurance - taking into account the average salary increased by 12 times, and the increasing coefficient applied to it in the amount of 2.2 - in the amount of 1,292,000 rubles on an accrual basis.

Non-financial organizations

Directive of the Bank of Russia dated May 22, 2019 N 5149-U changed the procedure for reflecting accounting items of individual non-financial organizations in the accounting accounts. This applies to those NFIs that are not required to publish their accounting (financial) statements, whose shares or debt securities are not publicly traded, and which are not in the process of issuing such securities for trading on the open market (national or foreign stock exchange or OTC a market that allows the circulation of securities among an unlimited number of persons).

A procedure has been established for reflecting the transfer of means of labor received under compensation and collateral agreements into investment property, as well as for including the amount of VAT in the cost of inventories.

Application of FSBU

Since 2021, a number of federal accounting standards for public sector organizations have been applied. When maintaining budgetary and accounting records, they must apply the following Federal Accounting Standards:

• "Stocks";
• "Concession agreements";
• “Long-term contracts”;
• “Reserves. Disclosure of information about contingent liabilities and contingent assets";
• “Budget information in accounting (financial) statements”;
• "Non-produced assets";
• "Information about related parties."

Starting from reporting in 2021, the provisions of the Federal Accounting Standards Authority “Cash Flow Statement”, which regulates the reflection of information on derivative financial instruments, are applied.

Changing the deadlines for submitting personal income tax reports

Tax agents will submit personal income tax reports a month earlier. The deadline for submitting 2-NDFL certificates with sign 1 and annual 6-NDFL certificates is now no later than March 1 (in 2021 - April 1). The deadline for submitting 2‑NDFL with sign 2 is March 1, it has not changed.

The changes come into force on January 1. Therefore, for 2021, two reports must be submitted according to the new rules. Amendments to the Tax Code of the Russian Federation were introduced by Federal Law No. 325-FZ dated September 29, 2019.

Legal documents

• Article 378.2 of the Tax Code of the Russian Federation