Object of taxation: definition

Tax is a major economic category. It has a historical connection with the functioning and development of any state. Let us further consider what is an object of taxation.

General information

The essence of tax consists in the withdrawal by the state of a certain share of GDP in favor of the budget in the form of a mandatory payment. Such an explanation is present in Art. 8, part 1 of the Tax Code. Tax is a mandatory individual payment made free of charge. It is levied on subjects in the form of alienation of monetary amounts belonging to them by right of ownership, operational management / economic management. These deductions are used to finance the activities of municipal or state authorities.

Formation Features

The fee, in accordance with Art. 17, part 1 of the Tax Code, is considered established only when it is determined:

1. Object and tax base.
2. The period during which payment is due.
3. Calculation and payment procedure.
4. Rate.
5. Subjects

The latter should be understood as citizens and organizations that are charged with paying taxes.

Objects of taxation

They are:

1. Property.
2. Income / profit.
3. Cost of goods sold.
4. Sales operations for products (performance of work / services).
5. Other categories having cost, physical or quantitative characteristics.

This list is set in Art. 38 Tax Code. In general, the object of taxation is everything in relation to which there is an obligation to make gratuitous budget deductions.

Other items

Under the tax base is understood the value, quantity or other characteristics of the object of taxation. This category is established in Art. 53 of the Tax Code. The tax period is called the calendar year or another period of time, at the end of which the base is formed and the payment amount is calculated. This element is set in Art. 55 Tax Code. The rate is the amount of accrual per unit of base. The procedure and terms of payments are established in Art. 57-58 Tax Code.

Object of taxation: definition

The legislation establishes the principles according to which an obligation arises to make contributions to the budget for a particular category. In particular, the Tax Code establishes property tax. The object of taxation in this case is a different category of material assets owned by the subject (real estate, car, etc.). AT product quality stands for any item sold or intended for sale. When regulating relations arising as part of the collection of customs duties, the taxable item is any material value prescribed in the Customs Code. Work in respect of which there is an obligation to make contributions to the budget, any activity is recognized, the result of which has a material expression and is aimed at meeting the personal needs of citizens or enterprises. The service also acts as an object of taxation. The obligation to make a deduction to the budget in this case arises if the results of activities that do not have a material form are realized and consumed in the course of its implementation.

Implementation

This element can also act as an object of taxation of individuals or enterprises. Under the sale of products, services, work should be understood accordingly:

1. Transfer of ownership of products from one entity to another.
2. The provision of services by one person to another.
3. The transfer of the result of the work performed.

Implementation will not act as an object of taxation in the following cases:

1. Perform operations related to the circulation of foreign or Russian currency (except for the purposes of numismatics).
2. Transfer of fixed assets, intangible assets, or other values ​​of the enterprise to its assignee during its reorganization.
3. Investment These include, in particular, contributions to the capital of partnerships and companies, mutual contributions, etc.
4. Transfer of residential premises to citizens in the houses of a municipal or state fund during privatization.
5. Confiscation, inheritance, ownership of abandoned or ownerless items, animals, treasure finds, in accordance with the rules of the Civil Code.
6. Transfer of property as an initial contribution to participants business partnership / company, his successor / heir in the process:

• retirement from the organization;
• distribution of assets of the liquidated company;
• allocation of a share in common ownership;
• division of capital.

Other cases may be provided for in the Tax Code in which the implementation will not appear as an operation subject to taxation.

Value added

The object of VAT taxation is:

1. Sales of products, services and works in the territory of the Russian Federation, including pledged items. This category also includes the transfer of goods under an agreement on novation or provision of compensation.
2. Sale of products for own needs, the costs of which are not deductible (through depreciation calculations, including) when calculating the profit rate of the enterprise.
3. Importation of products into the customs territory.
4. Implementation of construction, installation works for their own needs.

All operations that are not considered in accordance with NK sales will not act as an object of VAT taxation.

Cost determination

Only one taxable item is provided for each fee. The formation of this or that accrual should have the justification corresponding to the current legislation. The value specified in the agreement between the parties is taken as the value value. It is assumed (unless proven otherwise) that it corresponds to the market indicator of similar goods, works, services. Accounting of taxable objects is carried out by the payer independently. When checking the completeness of deductions to the budget, supervisors can control the correctness of pricing under contracts only in cases where transactions are carried out:

1. Between interdependent entities.
2. On barter (exchange) operations.
3. In the framework of foreign economic activity.
4. If the deviation is in the direction of increase or decrease by more than twenty percent from the price level used by the payer of relatively homogeneous (identical) products (services, works) within a short period.

Pricing specifics

In cases provided for in the Tax Code when the cost of services, work, goods used by the parties to the transaction deviates towards a decrease or increase of more than 20% from the market indicator for homogeneous categories, the supervisor has the right to make a reasoned decision on additional charge. In addition to tax, the penalty will be charged to the payer. The calculation is carried out as if the results of the transaction were evaluated in accordance with market prices for homogeneous services, work, products. When determining the price, discounts that are caused by:

1. Seasonal or other fluctuations in consumer demand.
2. Loss of quality or other properties of goods.
3. The end or approximation of the expiration date of the sale or shelf life of the product.
4. Marketing policy, when promoting new products on the market or releasing products / works / services to new markets.
5. Sale of prototypes for educational purposes.

Subsequent sale price

The market may lack either homogeneous products for one reason or another, or the necessary information to determine the appropriate cost. In such cases, the “future sale” method is used. Its essence is to determine the difference between the price at which the object is sold to the buyer and will subsequently be resold by the consumer, and the standard costs in such cases incurred by the latter upon repeated sale.

Cost method

It is used if the method described above is not possible to apply. With the costly method, the market price of the service, goods, work sold by the seller is presented as the sum of the losses incurred and the usual income for this area of ​​activity. The indirect and direct costs of the acquisition (production) or sale, storage, transportation, insurance and other expenses that are traditional in such cases are taken into account.

Additionally

In the process of pricing, only official sources of data on market indicators for homogeneous work, services, goods, as well as stock quotes are used. In the event of a trial, the authorized instance is entitled to take into account any circumstances that may be material for establishing the results of the transaction, not limited to the points provided for in the Tax Code. The provisions set forth in the Code are used in determining the market value of financial instruments in fixed-term agreements and share prices in accordance with the specifics set forth in chapters 23 and 25.

Income

Under it is understood the economic benefit, expressed in cash or in kind. It is taken into account when it is possible to evaluate it and to the extent that it can be done. In chapters 23 and 25 of the Tax Code, a distinction is established between incomes obtained from sources located inside and outside the Russian Federation. If the provisions of the Code do not make it possible to unambiguously determine to which category the payer's income belongs, the determination of the type of profit is carried out by the federal executive body authorized to conduct supervision in the field of taxation.

Dividends

They are any income that a participant (shareholder) of a company receives in the process profit distribution remaining after tax. Dividends are accrued on the shares owned by the founder in proportion to the contributions of the remaining owners to the authorized capital. To this kind of profit also include any income from sources outside of Russia and included in this category by the laws of foreign countries. Dividends are not payments:

1. Received by the shareholder upon liquidation of the enterprise in kind or in cash, not exceeding his initial contribution to the joint (authorized) capital.
2. To participants in the form of transfer of securities of the same company into ownership.
3. A non-profit enterprise to carry out core activities not related to entrepreneurship, produced by a business company, whose authorized capital is fully formed from the contributions of this organization.

Interest

Under them, the Tax Code of the Russian Federation recognizes any established (declared) income in advance, including in the form of a discount, which is received for various debt obligations (regardless of the registration method). In particular, interest is considered to be profit acquired on a cash deposit.