Non-operating income that may provoke a company to lose its right to the simplified taxation system

This year the maximum revenue limits for legal entities and individual entrepreneurs to retain the right to the simplified taxation system have been raised. For this purpose, the annual figure should be no higher than 199.3 million rubles at standard rates (under the system “Income” – 6%, “Income minus expenses” – 15%), and the number of employees – no more than 100 people. If this amount is exceeded, higher rates are applied – 8 and 20% respectively (the number of employees does not exceed 130), but the maximum bar is 265.8 million rubles. If it is exceeded, the Federal Tax Service transfers the company to the general taxation system. As a result, the tax burden will increase significantly: VAT – 20%, profit tax – 20% and personal income tax – 13%. Finally, a number of regions use reduced rates from 1% under certain criteria.

Many legal entities and individual entrepreneurs do not take into account additional income and receipts to the settlement account. As a result, there are non-obvious excesses of revenue limits, and they lose the right to a special tax regime. In particular, we are talking about non-operating income, which the organization regularly or one-time receives not within the main type of activity. They have a significant list and are presented in Art. 250 of the Tax Code (court fines and penalties from the debtor, rental of property, interest on loans issued, etc.). An example is the gratuitous use of property, as a variant – office premises or transportation. Their free use does not mean that there should be no deductions to the budget. Based on the average market rental value of such property, the organization must calculate and pay tax. Otherwise, it will be additionally charged during the audit, and if this income provokes an excess of the revenue limit under the simplified taxation system, it will be necessary to switch to the more costly OSNO.

The next example is the presence of unrecorded goods, i.e., for which there are no documents. This is possible in the case of cash purchases or parallel (i.e. essentially smuggled) imports. Subsequently, the goods are received and sold for 50 million rubles. But this amount is often forgotten to add another 50 million – the result is 100 million from the sale and non-operating income. Also, the last type of income includes the value of newly identified goods and fixed assets at inventory.

The third case – income from the purchase and sale of securities. Individual companies and individual entrepreneurs send free cash to the brokerage account within the framework of the concluded agreement. Not only interest will be considered income, but also the amounts received from the sale of stocks and bonds. Therefore, when calculating the tax base in declarations, it is necessary to reflect the disposal of securities. And with large turnovers, they may exceed the limits of revenue under the simplified taxation system with consequences in the form of loss of preferential tax treatment.

According to Art. 251 of the Tax Code, not all income and receipts of legal entities and entrepreneurs are taxable under the simplified taxation system. These include grants and funds for targeted financing. Secondly, the received deposit, pledge or advance payment, which was subsequently returned. Also, these are amounts returned from the budget as overpaid taxes; received to the account by mistake and whose purpose cannot be determined. If part of the business is conducted on simplified taxation and part on a patent, there is an obligation to keep separate accounting for each of the tax regimes.

As you know, if the organization exceeds the number of personnel from 100 people, it runs the risk of going to higher rates on the simplified tax system, and over 130 people – to get off the preferential special regime. To prevent this from happening, it is possible to conclude a contract with an outstaffing agency. It leases out its staff. If necessary, all labor disputes are also solved by a third-party company.

Organizations on simplified taxation often overpay the total amount of tax through advance payments. This difference on the single tax account will amount to a surplus. As a result, the company may apply for a refund of the excessively paid money or request a credit against future payments.

Source: https://antifinrazvedka.club/vnerealizaczionnye-dohody-kotorye-mogut-sprovoczirovat-kompaniyu-na-utratu-prava-na-usn/