Income or income minus expenses? This is a question that every entrepreneur asks himself when choosing a simplified tax system. The wrong answer will affect the profitability of the business, and you will only be able to change your decision next year.
With such consequences, you don’t want to make a mistake with your choice. Therefore, let's figure out how to choose the right simplified version in order to pay the state less and make more profit.
Restrictions on the use of the simplified tax system in retail
Retail trade as a type of activity in itself is not an obstacle to the application of the simplified tax system.
For organizations engaged in it, there are general restrictions on simplification provided for in Art. 346.12 Tax Code of the Russian Federation. Let us recall the main ones that are relevant for retailers.
- Amount of income. For example, to switch to this special regime from 2022, income based on the results of 9 months of the current one, according to the latest clarifications of the Ministry of Finance, taking into account indexation, should not exceed the amount of 123.3 million rubles. (Clause 2 of Article 346.12 of the Tax Code of the Russian Federation). To maintain the right to simplification, a limit of 200 million rubles must be observed. per year, taking into account indexation (clause 4 of article 346.13 of the Tax Code of the Russian Federation).
- The average number of employees should not exceed 130 people (subclause 15, clause 3, article 346.12 of the Tax Code of the Russian Federation).
- According to accounting rules, the residual value of fixed assets should not be more than 150 million rubles. (Subclause 16, Clause 3, Article 346.12 of the Tax Code of the Russian Federation).
- The share of participation of other organizations in the authorized capital is no more than 25% (subclause 14, clause 3, article 346.12 of the Tax Code of the Russian Federation).
- The organization has no branches (subclause 1, clause 3, article 346.12 of the Tax Code of the Russian Federation).
What accounting procedure is established for accounting for trade transactions under the simplified tax system? The answer to this question is in ConsultantPlus. Get free access and proceed to expert explanations.
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Which object is more profitable
For simplification, 2 objects of taxation are provided (clause 1 of Article 346.14 of the Tax Code of the Russian Federation):
- income;
- income minus expenses.
The taxpayer can decide which of them to apply independently (clause 2 of Article 346.14 of the Tax Code of the Russian Federation).
In trade, including retail, a significant part of the costs is the purchase price of goods. This means that we can assume that the second object (income minus expenses) will be more profitable for retail.
Read more about choosing an object in the article Which object is more profitable under the simplified tax system - “income” or “income minus expenses”? .
Is it possible to use PSN and simplified tax system at the same time?
PSN is applied along with other taxation regimes provided for by law.
The Tax Code does not prohibit the combination of “simplified” and “patent” activities (letter of the Ministry of Finance dated 06/08/2021 No. 03-11-11/44980). As a general rule, PSN is used only for certain types of activities.
When filing an application for a patent, an individual entrepreneur must, among other things, indicate the type of business activity in respect of which he plans to apply the patent taxation system. An individual entrepreneur has no right to apply a different tax regime for the type of business activity specified in the received patent, with the exception of the following types of business activity:
- provision of motor transport services for the transportation of goods by road and provision of motor transport services for the transportation of passengers by road and water transport;
- leasing, leasing of own or leased residential premises, as well as leasing of own or leased non-residential premises, including exhibition halls, warehouses, land plots;
- retail trade through objects of a stationary trading network that have trading floors and retail trade through objects of a stationary trading network that do not have trading floors, as well as through objects of a non-stationary trading network;
- catering services provided through catering facilities.
Moreover, in relation to the same type of activity carried out in one municipal district or in the territory of several districts of one urban district, federal cities of Moscow and St. Petersburg, PSN and simplified tax system cannot be applied simultaneously (letter of the Ministry of Finance dated September 15, 2021. No. 03-11-06/74685).
Previously on the topic:
How to combine simplified taxation system and PSN for one activity in one region
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Individual entrepreneurs on simplified taxation system and PSN: how to combine mode restrictions?
Is it possible to do without CCT?
The use of the simplified tax system does not relieve the retailer from using cash register systems. A complete list of cases when it is allowed to conduct cash payments without cash register equipment is established by Art. 2 of the Law “On the use of cash register equipment when making cash payments and (or) payments using payment cards” dated May 22, 2003 No. 54-FZ.
Is it possible for an organization using the simplified tax system to use strict reporting forms instead of a cash register? The answer to this question was given by I.V. Prosekova, 2nd class adviser to the State Civil Service of the Russian Federation. Get trial access to K+ and find out the official’s opinion.
Attention: trade fee!
From July 1, 2015, for persons engaged in trade, the Tax Code of the Russian Federation established a trade tax (Chapter 33 of the Tax Code of the Russian Federation).
So far, among the regions of the Russian Federation, it has been introduced only in Moscow (Moscow Law “On Trade Tax” dated December 17, 2014 No. 62). The simplified tax system does not exempt you from paying the fee. This means that you will have to pay it for retail trade in Moscow. You must also register accordingly.
If you are registered as a tax payer, you can reduce the simplified tax accrued for the same period by the amount paid during the reporting period (clause 8 of Article 346.21 of the Tax Code of the Russian Federation).
The algorithm by which the trade fee reduces the tax under the simplified tax system is described in detail by K+ experts. Get free access and go to the Ready Solution.
Accounting for goods in retail trade under the simplified tax system
When using UTII or simplified tax system-6% in retail trade, there are no difficulties in maintaining tax records. However, LLCs, one way or another, must reflect all their operations, on the basis of which financial statements are formed at the end of the year, i.e. record both income and expenses. But from the point of view of tax deductions, everything is simple: UTII is calculated on the basis of fixed indicators, and to determine the payment to the Federal Tax Service on the simplified tax system-6%, receipts from buyers are important, i.e. you just need to correctly take into account the date of reflection of income and its amount. Accordingly, accounting in general for entrepreneurs who do not keep accounting records is reduced to this task.
But reflecting 15% of expenses in the tax base using the simplified tax system requires a more careful approach and is associated with the fulfillment of some additional conditions. First of all, all expenses taken into account in tax reduction must meet the closed list provided for in Article 346.16 of the Tax Code. Expenses not included in this list cannot be reflected in tax accounting. Regarding some types of expenses, there are also direct explanations from the Ministry of Finance on whether tax deductions can or cannot be reduced due to them. Therefore, if a specific type of expense is in doubt, then it is better to check the availability of such explanatory documents authored by specialists from the financial department. But still, the main types of costs associated with running a business, such as the purchase price of goods, the services of third-party contractors necessary in the activity, material costs, labor costs, do not raise questions when including such amounts in the KUDiR.
At the same time, you should always remember that any costs accepted in the simplified tax system require documentary confirmation, that is, they require the presence of invoices or acts from the supplier closing the transaction. The expenses themselves must be paid in full. Only upon fulfillment of both conditions, that is, on a later date, costs can be included in the tax base.
If we are talking about accounting for goods in retail trade under the simplified tax system, then one more condition is added: the cost of goods can be taken into account in the tax base only after the goods are sold to the final supplier. Let's consider an example of calculating the tax base in similar conditions.
Example
Astra LLC has been operating retail trade on the simplified tax system in 2016 with the object “income minus expenses”. In the 1st quarter of 2016, for these purposes, 200 units of product A were purchased at a price of 500 rubles per unit, and 180 units of product B at a price of 700 rubles per unit. Expenses were paid in full and goods received from the supplier in the first quarter. Thus their actual total amount was:
- 200 x 500 + 180 x 700 = 226,000 rubles.
During the 1st quarter, 40 units of product A were sold at a price of 1,000 rubles and 50 units of product B at a price of 1,100 rubles per unit. In the second quarter, 50 units of product A and 100 units of product B were sold at the same prices.
The salary fund of the organization's employees, including accrued and paid contributions to the Pension Fund and the Social Insurance Fund, amounted to 25,000 rubles in the first quarter, and 30,000 rubles in the second.
Let's calculate the advance amount according to the simplified tax system for the first quarter:
- Income: 40 x 1000 + 50 x 1100 = 95,000 rubles
- Expenses: 40 x 500 + 50 x 700 + 25,000 = 80,000 rubles
The tax payment will be: (95,000 – 80,000) x 15% = 2,250 rubles.
The tax base for the half-year on an accrual basis will be:
- Income: (40 + 50) x 1000 + (50+100) x 1100 = 255,000 rubles
- Expenses: (40 + 50) x 500 + (50+100) x 700 + 25,000 + 30,000 = 205,000 rubles
- The advance for the six months will be equal to: (255,000 – 205,000) x 15% = 7,500 rubles.
Taking into account the payment previously transferred for the first quarter, you will need to pay additionally: 7500 – 2250 = 5250 rubles.
At the same time, the actual cost of goods not sold at the end of the 2nd quarter, namely 76,000 rubles, was not taken into account in the expenses for the simplified tax system.
As can be seen from the example, calculating the tax base in the simplified tax system with the object “income minus expenses” is much more labor-intensive, requires care, and also requires the organization of inventory accounting at the enterprise. Without such a system that would make it possible to reflect both purchases and sales in the context of each individual type of goods, it would be extremely difficult to organize correct tax accounting, especially with a large product range. However, in the end, this approach can pay off by minimizing tax deductions, and proper management of document flow and accounting in general will relieve the businessman of any possible questions from controllers.
RESULTS
The simplified tax system for retail trade can be used by any business whose annual income does not exceed 200 million rubles. When using the simplified tax system, an online cash register is required. In addition, businesses in Moscow must pay a trade tax. The simplified tax system tax can be reduced by the amount of this fee.
Sources:
- Tax Code of the Russian Federation
- Federal Law of May 22, 2003 No. 54-FZ
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
