The organization was created at the end of the year. Features of reporting

Who is responsible for preparing accounting reports?

Drawing up financial statements and submitting them to regulatory authorities is an indispensable condition for those economic entities that, in accordance with the Law “On Accounting” dated December 6, 2011 No. 402-FZ (hereinafter referred to as Law No. 402-FZ) must keep accounting records.
You can read more about the rules and regulations specified in the above law in this section.

And almost all organizations are required to maintain it, regardless of the scale of activity, organizational and legal form of ownership and the chosen taxation regime.

NOTE! Individual entrepreneurs and structural divisions of foreign companies are exempt from the obligation to submit accounting reports if they keep correct tax records of income, expenses and other taxable items.

Failure or late submission of any reports is fraught with dire consequences. So, if an enterprise forgets to submit its accounting reporting forms to the inspectorate, then a fine of 200 rubles will be imposed on the organization itself. for each form, and for officials - from 300 to 500 rubles.

Find out what other liability is possible for late submission of financial statements and violation of accounting rules in the Guide from ConsultantPlus. You can watch K+ materials for free by signing up for a trial access to the legal system.

The organization was created at the end of the year. Reporting

The organization was registered in November 2015. OSN regime. Revenue for November and December amounted to 400,000 rubles.

Is it necessary to submit a balance sheet, Form No. 2 for 2015 to tax and statistics? Do I also need to submit an income tax return for 2015? In the income tax return, should I indicate which advance payments - quarterly or monthly?

Annual accounting reports	P.p. 5 p. 1 art. 23 of the Tax Code of the Russian Federation establishes that taxpayers are required to submit annual accounting ( financial ) to the tax authority at the location of the organization no later than 3 months after the end of the reporting year .
Reporting period	According to Art. 15 of the Federal Law of December 6, 2011 No. 402-FZ “On Accounting”, the reporting period for annual accounting (financial) statements (reporting year) is the calendar year - from January 1 to December 31 inclusive, with the exception of cases of creation, reorganization and liquidation of a legal entity.
First reporting year	The first reporting year is the period from the date of state registration of an economic entity to December 31 of the same calendar year, inclusive .
State registration after September 30	If the state registration of an economic entity, with the exception of a credit organization, was carried out after September 30, the first reporting year is, unless otherwise established by the economic entity, the period from the date of state registration to December 31 of the calendar year following the year of its state registration, inclusive .
Your case	Consequently, your organization has the right to independently determine which period will be the first reporting year for the organization :
Optionally	– either from the date of registration to December 31, 2015 ;
– or from the date of registration to December 31, 2016.
If you choose the first option, then you need to submit annual accounting (financial) statements as part of the balance sheet, income statement and appendices no later than March 31, 2021 .
If the second option is no later than March 31, 2021 .
To the statistical authorities	In a similar manner, a mandatory copy of the annual accounting ( financial ) statements is submitted to the state statistics body at the place of state registration (Article 18 of Law No. 402-FZ).
Taxable period	In accordance with Art. 55 of the , a tax period is understood as a calendar year or another period of time in relation to individual taxes, at the end of which the tax base is determined and the amount of tax payable is calculated.
A tax period may consist of one or more reporting periods.
First tax period	its first tax period from the date of its creation to the end of that year .
In this case, the day of creation of the organization is recognized as the day of its state registration.
!	This rule does not apply to those taxes for which the tax period is established as a calendar month or quarter .
In such cases, when creating an organization, changes in individual tax periods are made in agreement with the tax authority at the place of registration of the taxpayer.
Income tax	Payment of income tax may, according to Art. 287 of the Tax Code of the Russian Federation can be carried out in three ways :
Quarterly	1. At the end of each reporting (tax) period, taxpayers calculate the amount of the advance payment based on the tax rate and profit subject to taxation, calculated on an accrual basis from the beginning of the tax period to the end of the reporting (tax) period.
Monthly advance payments	During the reporting period, taxpayers calculate the amount of the monthly advance payment .
Quarterly advance payments only	2. Organizations whose sales income over the previous four quarters did not exceed an average of 15 million rubles (10 million rubles - until 01/01/2016 ) for each quarter, pay only quarterly advance payments based on the results of the reporting period.
For newly created	Newly created organizations pay advance payments for the corresponding reporting period provided that sales revenue does not exceed 5 million rubles per month ( before 01/01/2016 - 1 million rubles per month) or 15 million rubles per quarter ( before 01/01/2016 city – 3 million rubles per quarter).
If these restrictions are exceeded, the taxpayer, starting from the month following the month in which such an excess occurred, pays monthly advance payments during the reporting period ( Clause 5 of Article 287 of the Tax Code of the Russian Federation ).
At the same time, according to clause 6 of Art. 286 of the Tax Code of the Russian Federation , organizations created after 2012 begin to pay monthly advance payments after a full quarter has passed from the date of their state registration .
Monthly advance payments based on actual profits	3. Taxpayers have the right to switch to calculation monthly advance payments based on actual profit received , subject to calculation. In this case, the calculation of the amounts of advance payments is made by taxpayers based on the tax rate and the actual profit received, calculated on an accrual basis from the beginning of the tax period until the end of the corresponding month.
Transition	The taxpayer has the right to switch to paying monthly advance payments based on actual profits by notifying the tax authority no later than December 31 of the year preceding the tax period in which the transition to this system of paying advance payments occurs ( clause 2 of Article 286 of the Tax Code of the Russian Federation ).
Position of officials	However, letter No. 26-12/45496 of the Department of Tax Administration for Moscow dated August 20, 2003 states that a newly created organization can calculate the amount of advance payments based on the tax rate and the actual profit received based on the results of the month in which the organization was created .
In accordance with paragraph 1 of Art. 287 of the Tax Code of the Russian Federation, the first payment of tax by a newly created organization in the form of advance payments will be made no later than the 28th day of the month following the month, based on the results of which the tax will be calculated based on the actual profit received.
That is, for the reporting period from the date of creation of the organization to the end of the month in which the organization was created.
The deadline for paying income tax for organizations that calculate monthly advance payments on actually received profits and the deadline for submitting a tax return for the reporting period is established by the Tax Code of the Russian Federation on the 28th day of the month following the month based on the results of which the tax is calculated, for example , for November - 28 December ( clause 3 of article 289 of the Tax Code of the Russian Federation ).
For newly created organizations that pay advance payments based on actual profits, clause 6 of Art. 286 of the Tax Code of the Russian Federation does not apply .
!	Only the Federal Tax Service must be notified .
If you only make quarterly advance payments , you must file a tax return for the 2015 tax period no later than March 28, 2021 .
Information on the average number of employees	Clause 3 art. 80 Tax Code of the Russian Federation installed the obligation of the newly created organization to represent to the tax authority at its location information on the average number of employees workers no later than the 20th day of the month following the month in which the organization was created. The specified information is presented in the form approved by order of the Federal Tax Service of the Russian Federation dated March 29, 2007 No. MM-3-25 / [email protected] and stipulating that if an organization is created, the average headcount employees is reflected as of the first day of the month following the month in which the organization was created .
Your case	That is, in your case – as of December 1, 2015 .

How does the registration date affect the obligation to submit accounting records to regulatory authorities?

In general, the reporting period for financial statements is a calendar year - from January 1 to December 31. This period will be slightly different for companies registered or reorganized/liquidated during the year.

You can learn how to draw up a liquidation balance sheet from the article “Liquidation balance sheet - an example of a zero balance sheet in the new form.”

An important date for newly created legal entities is September 30:

If registration occurred before this date, then you will have to report for the current year. The reporting period for a newcomer will be from the moment of registration to December 31. You will have to submit your accounting reports to the tax office and Rosstat before March 31 of the year following the year of creation.
If an entry was made in the Unified State Register of Legal Entities after September 30, then the reporting period for such an organization will be the period from the moment of registration to December 31 of the following year. Thus, it will be necessary to submit financial statements to the regulatory authorities only a year after creation, but also before March 31.

IT SHOULD BE NOTED! Part 3 art. 15 of Law No. 402-FZ does not prohibit newly registered economic entities from reporting for the current year if they were created after September 30. That is, such enterprises have a choice of what their first reporting period will be.

How does a newly created organization pay advance income tax payments?

Payment of advance payments for income tax by a newly created organization depends on the procedure for calculating tax and advance payments. The newly created organization pays advance payments in one of the following ways:

only quarterly;
monthly and quarterly, if its revenue exceeds 5 million rubles. per month or 15 million rubles. per quarter. In this case, payment of monthly advance payments begins after the first full quarter;
monthly, based on the actual profit received, if the inspectorate is notified about this in the month in which it was created.

The newly created organization pays quarterly advance payments based on the results of each reporting period (quarter, half-year, nine months) (clause 2 of article 285, clause 1 of article 287 of the Tax Code of the Russian Federation).

If you make quarterly advance payments, then the first reporting period for you will be the period from the date of state registration of the organization until the end of the corresponding reporting period (1st quarter, half a year, nine months).

You must transfer the quarterly advance payment (clause 1 of Article 287, clause 3 of Article 289 of the Tax Code of the Russian Federation):

for the first quarter – no later than April 28;
for six months - no later than July 28;
9 months – no later than October 28.

If the 28th falls on a weekend or non-working holiday, then the payment deadline is postponed to the next working day (Clause 7, Article 6.1 of the Tax Code of the Russian Federation).

For example, if your organization was created on April 12, then the first reporting period will be the period from April 12 to June 30. You must transfer the quarterly advance payment no later than July 28.

Please note that for organizations created in December, the first reporting period will be the period from the date of registration of the organization to March 31 of the following year. They must pay the advance payment no later than April 28 (clause 1 of Article 287 of the Tax Code of the Russian Federation, Letter of the Federal Tax Service of Russia dated January 26, 2011 N KE-4-3/).

See also: How to calculate quarterly advance payments for income taxes

monthly advance payments for income tax during the quarter only if the revenue exceeds 5 million rubles. per month or 15 million rubles. per quarter (clause 5 of article 287 of the Tax Code of the Russian Federation). There is no need to notify the inspectorate about the transition to paying monthly payments.

If the limit is exceeded before the expiration of the first full quarter, then you must pay the first monthly advance payment only from the month following the expiration of the full quarter from the date of state registration (clauses 2, 6 of Article 286 of the Tax Code of the Russian Federation).

What is a full quarter

A full quarter is understood as three full months (clause 4, article 6.1 of the Tax Code of the Russian Federation):

I quarter – January, February, March;

II quarter – April, May, June;

III quarter – July, August, September;

IV quarter – October, November, December.

If an organization is created on the first day of the first month of a quarter, then the first quarter (the one in which it was created) will already be complete.

For example, if you registered an organization in mid-April, and in May you exceeded the limit, then the obligation to pay monthly advances will arise starting in October (in the fourth quarter).

An example of payment of monthly advance payments by a newly created organization if the limit is exceeded before the expiration of the first full quarter

The Alpha organization was created in mid-April. Sales revenue amounted to:

in April – 1,500,000 rubles;
May – RUB 5,300,000;
June – RUB 3,500,000;
July – RUB 3,250,000;
August – 2,800,000 rubles;
September – RUB 1,500,000;
October – 2,700,000 rubles;
November – 3,500,000 rub.

The first reporting period for the Alpha organization is the period from the date of state registration to June 30. The organization must submit the first income tax return and transfer the amount of the advance payment by July 28.

Monthly advances must be paid after a full quarter (three full months) from the date of establishment of the organization.

The full quarter for the Alpha organization will be the third quarter. Therefore, based on the results of the third quarter, the organization should analyze monthly sales revenue in the context of each of the past months.

Since in May the organization’s sales revenue amounted to 5.3 million rubles, then from October the organization must pay monthly advance payments (clause 5 of Article 287, clause 6 of Article 286 of the Tax Code of the Russian Federation).

The fact that revenue for the third quarter was less than 15 million rubles does not matter.

The organization will have to pay monthly advance payments at least until four quarters have passed from the date of its creation (clause 3 of Article 286 of the Tax Code of the Russian Federation).

By October 28, November 28 and December 28, the organization will transfer monthly advance payments to the budget for October, November and December, respectively.

If you exceed the limit after the expiration of the first full quarter, then monthly advance payments must be made from the first month of the next quarter, and not from the next month, as is sometimes advised (clauses 1, 5, Article 287 of the Tax Code of the Russian Federation). This payment procedure is primarily due to the fact that the payment of monthly payments in certain months of the quarter (for example, only for the third month) is not provided for (clause 2 of Article 286, clause 1 of Article 287 of the Tax Code of the Russian Federation). In addition, you must submit a declaration reflecting the calculated and payable amount of monthly advance payments no later than 28 calendar days from the end of the reporting period (clause 3 of Article 289 of the Tax Code of the Russian Federation). In this regard, you must make advance payments from the first month of the quarter following the reporting period in which revenue exceeds RUB 5 million. per month or 15 million rubles. per quarter.

An example of payment of monthly advance payments by a newly created organization if the limit is exceeded after the expiration of the first full quarter

The Alpha organization was created in February. Sales revenue amounted to:

in February – 1,000,000 rubles;
March – RUB 1,200,000;
April – RUB 1,500,000;
May – 2,300,000 rubles;
June – RUB 3,500,000;
July – 2,800,000 rubles;
August – RUB 5,250,000;
September – 1,500,000 rub.

The first reporting period for the Alpha organization is the period from the date of state registration to March 31. The first full quarter for the organization will be Q2.

The revenue limit was exceeded in August (Q3). The organization must begin paying monthly advance payments from October (clause 5 of Article 287 of the Tax Code of the Russian Federation).

Please note that you can switch back to paying only quarterly advance payments when sales income for the previous four quarters is less than 60 million rubles. (Clause 3 of Article 286 of the Tax Code of the Russian Federation).

See also: Monthly and quarterly advance payments of income taxes paid during the quarter

monthly advance payments based on the actual profit received starting from the month in which it was created.

To do this, you must notify the inspectorate of advance payments based on the actual profit received in the month in which the organization was created.

You must pay the first advance payment no later than the 28th day of the month following the month in which the organization was created (clause 1 of Article 287 of the Tax Code of the Russian Federation). If this date falls on a weekend or non-working holiday, then the advance payment must be paid no later than the next working day (Clause 7, Article 6.1 of the Tax Code of the Russian Federation).

If you created an organization in December, then you will have to pay the first advance payment no later than February 28 of the next year (clause 2 of article 55, clauses 1, 2 of article 285 of the Tax Code of the Russian Federation, Letter of the Federal Tax Service of Russia dated January 26. 2011 N KE-4-3/).

See also: How to calculate monthly advance income tax payments based on actual profits

What does the accounting of newly registered legal entities consist of?

The composition of the accounting records of newly created economic entities is not much different from the statements of other entities. So, this includes:

* Exclusively for non-profit organizations.

All of these forms were approved by Order of the Ministry of Finance dated July 2, 2010 No. 66n and are used as amended on April 19, 2019.

Those organizations to which the concept of a small business entity is applicable (based on the number of personnel, revenue, types of activities performed, etc.) have slight concessions: they have the right to submit only a balance sheet and a report on financial results. Moreover, these reports can be prepared using simplified forms approved by the above-mentioned order of the Ministry of Finance. This right is granted in paragraph 4 of Art. 6 of Law No. 402-FZ.

For more information about which commercial organizations have the right to use simplified accounting methods, including simplified financial statements, read ConsultantPlus. Trial access is available for free.

IMPORTANT! Organizations that fall under the criteria of small businesses, but are subject to mandatory audit, are prohibited by law from reporting using simplified forms (Clause 1, Part 5, Article 6 of Law No. 402-FZ).

All necessary information about statutory audit can be found in the article “Standard audit - main criteria”.

How does a newly created organization pay income tax?

The procedure for paying income tax at the end of the year depends on when you created the organization.

An organization created from January to November pays income tax at the end of the year in the general manner, that is, no later than March 28 of the following year (clause 1 of Article 287, clause 4 of Article 289 of the Tax Code of the Russian Federation). If the 28th falls on a weekend or non-working holiday, then the payment deadline is postponed to the next working day (Clause 7, Article 6.1 of the Tax Code of the Russian Federation).

If an organization was created in December , then the first tax period for income tax for it is the period from the date of creation until the end of the next calendar year (Clause 2 of Article 55 of the Tax Code of the Russian Federation). This means that you will take into account the indicators for December when preparing your declaration and paying income tax for the next year.

See also: How to calculate income tax and reflect it in accounting

Results

Almost all legal entities are required to submit financial statements.
Failure to submit forms to regulatory authorities may result in hefty fines. Whether or not newbies submit balance sheets and other accounting reports for the current year will depend on the moment at which the enterprise was registered - before September 30 or after this date. The composition of financial statements largely depends on whether the legal entity is a small business or not. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.