In this article the order of drawing up and submission of the quarter declaration by agricultural enterprises is stated.
Some enterprises which in 2006 were payers of FSN, but received for last year the income of realization of an agricultural produkyotsiya of own production and products of its pereyorabotka less than 75 % of total amount of a gross income (VD), this year became payers of the profits tax.
According to item 16.4 of the Law on enterprise profit at which VD according to tax accounting from sale of agricultural products of own production for preyodydushchy year exceeds 50 % of total amount of VD, imeyut the right to represent the declaration on a tax on pribyl (further – the declaration) for the annual tax period which begins with July 1.
However, if the above-stated income makes meyony 50 % of total amount of VD, the enterprise – a platelyyoshchik of the profits tax is obliged to present a deklayoratsiya for the I quarter of the current year.
By drawing up of the declaration follows rukovodstvovatsya standards of the Law on profit (are provided in the table in the annex to consultation) and Order No. 143.
Structure of the quarter declaration
Form of the declaration and order of its drawing up utverzhdeny Order No. 143.
The declaration consists of a header part and two osnovyony parts. To the quarter declaration 7 appendices (K1, K2, by KZ, K4, K5, KB and K7) are provided also.
The declaration is represented in taxing authority playotelshchiky the profits tax irrespective of, whether there is for reporting quarter a tax sum to uplate in the budget.
If separate lines of the declaration not zapolnyayutsya due to the lack of any operation, nayologoplatelshchik don’t submit a prilozheyoniya, the declarations provided by the corresponding line.
Indicators are reflected in the declaration and appendices in grivnyax (without kopeks) with a rounding off.
Term of submission of the declaration and tax discharge
The declaration is represented within 40 calendar days following behind the last day of reporting naloyogovy quarter (Law No. 2181 subitem 4.1.4). That is for the I quarter 2007 it is necessary to hand over it till 10.05.07 (in.
Tax discharge deadline on profit for I kvartal the current year – 21.05.07.
Item 5.9 application by the former payers of FSN
For such enterprises feature of drawing up of a dekyolaratsiya in 2007 consists first of all in a priyomeneniye of item 5.9 of the Law on profit. According to this point payers of the profits tax are obliged vesti tax accounting of a gain (decrease) of a balance stoyoimost of purchased stocks (in warehouses, in nezaveryoshenny production and in the remains of a ready produkyotsiya), costs of acquisition and improvement (a preobyorazovaniye, storage) which join in structure of gross expenses (except received free of charge).
Thus, those participate in recalculation only zapasy, costs of acquisition and which improvement join in gross expenses (VR).
Cost of purchased stocks in an incomplete proyoizvodstvo and the remains of finished product can be calculated by multiplication of average percent (share) of such stocks to total amount of the remains on a nezavershenka and finished product for the beginning of year and for the end of the reporting period.
Essence of this recalculation that the balance stoyoimost of purchased stocks for the end of reporting quarter is compared to balance cost of stocks for the beginning of fiscal year. Thus:
• if cost for the end of quarter increased, the amount of increase increases VD;
• if decreased – the sum of a decrease joins in VR.
What GNAU concerning the former payers of FSN thinks? According to the Letter No. 2169* if since the beginning tekushhego years the enterprise passed from FSN to the general sistemu the taxation and as of 01.01.07 at it purchased stocks, FSN priobretenyony and credited in payment are registered in the account, the stoyoimost of such stocks doesn’t participate in recalculation soyoglasno item 5.9 of the Law on profit as costs of their acquisition weren’t carried on VR.
To apply this point the specified taxpayers can to stocks, costs of acquisition and which improvement were included in VR structure, in two cases:
1) if stocks are acquired and credited after transition to the general system of the taxation;
Table 1
2) if till the stay period on FSN they were payers of the profits tax and have the remains of the stocks acquired in stay on the general system of the taxation.
Therefore, the enterprises actually lose pravo on inclusion in structure of VR of stocks which they got as payers of FSN and which were available for 01.01.07.
Lines are intended for reflection of stocks in the declaration:
• 01.2 – for an amount of increase;
• 04.2 – for the decrease sum.
To define, in what of the called lines to bring data, it is necessary to fill K1/1 appendix table 1.
Example 1
Conditions of an example on movement purchased zapa-owls of the enterprise – the former payer of FSN for the I quarter are given in tab. 1.
(UAH.)
The data provided in gr. 8 these tables, ispolzuyutsya when filling table 1 of the K1/1 appendix.
The gain of stocks according to calculation made 12 500 UAH. (1 900 + 10 500). This sum is reflected in gr. 6 tabliyoets of 1 K1/1 appendix and declaration p. 01.2.
Tax amortization in 2007
Total amount of amortization of fixed assets (OF) is reflected in declaration p. 07. The order of charge of amortization is stated in item 8.3 of the Law on profit. For calculation of amortization for reporting quarter vospolzuemsya a formula:
The amortization sum = Balance cost of OF group for the beginning of settlement quarter x Norm of amortization.
As the enterprises – the former payers of FSN didn’t charge tax amortization, to define balance cost of OF groups for the beginning of the I quarter of the current year according to tax accounting nevozmozhyono. It can be done on the basis of data of the bukhgalyotersky account by summation of a residual stoyoimost of objects of OS relating to defined by subitem 8.2.2 of the Law on profit to group, as of 01.01.07. (Letter No. 16636).
Norms of amortization as a percentage to a balance stoyoimost of each of OF groups on the beginning reporting kvartala are established to subitem 8.6.1 of the Law on profit.
In 2007 as well as in the 2006th, they are applied taking into account Transitional provisions of the Law No. 1957:
• for groups 1, 2, 3 two rates (old and noyovy) depending on the period in which poneseny expenses on acquisition, a sooruyozheniye, OF improvement (are added) operate. So, old norms of an amortiyozatsiya are applied to OF of the specified groups, priobyoretenny (built) till 01.01.04 or priobyoretenny after 01.01.04 (but not new, but byvyoshy in operation). On old norms amortiziruyutsya and expenses on improvement of these OF;
• new norms of amortization are applied to OF, koyotory are acquired built) after 01.01.04 and weren’t in operation, and also to expenses on their improvement.
Norms of tax amortization for 2007 predstavleny in tab. 2.
Calculations of depreciation charges are made in K1/1 appendix table 2. The total amount of an amoryotizatsiya reflected in this table, is transferred to declaration p. 07.
Expenses on OF improvements
To payers of the profits tax the right otnosit on VR any expenses which are connected with an uluchyosheniye of subjects of amortization of OF (including rented), in the sum which is not exceeding 10 % for cumulative balance cost of OF groups on nachalo the reporting period (subitem 8.9.1 of the Law on profit) is granted.
The expenses exceeding the sum of a so-called reyomontny limit, are distributed on increase in bayolansovy cost of OF of certain groups or otyodelny objects of OF of group 1 as of nachalo settlement quarter.
Distribution of the specified expenses is carried out in proportion to the sum actually suffered rasxodov on OF improvement.
Rented OF don’t join in a balance stoyoimost of groups. Therefore, if on balance of the enterprise of own OF isn’t present, and in economic activity are used rented, there is also a sum remontnogo no limit.
But if the enterprise makes the improvements of arendoyovanny OF provided by the lease contract, the stoyoimost of such improvements joins the tenant in balance cost (subitem 8.8.1 of the Law on profit):
• or the OF corresponding groups (if on it balanse the group which the object of rent concerns is considered);
• or groups 3 Expenses on improvement of arendovanyony OF (if on its balance it is not considered gruppa which the object of rent concerns).
Example 2
The enterprise rents at citizens raspayevanny imu- a shchestvo for the sum of 350 000 UAH., which is considered on zabalansovy account 01 Rented non-turnaround assets. Cumulative balance cost of groups of sobyostvenny OF (group 1 and 2) for 01.01.07 makes 100 000 UAH.
Repair limit for 2007 for given before - acceptance – 10 000 UAH. (100 000 UAH. x 10 %).
In the I quarter of the current year the enterprise agrees
to the lease contract made capital repair
the rented tractor for the sum of 15 000 UAH.
Part of the sum of improvements within a limit (10 000 UAH.) the difference of 5 000 UAH belongs on VR, and. (15 000 – 10 000) it is included in balance hundred - an imost of separate object Expenses on uluchsheyony the rented tractor groups 3.
Expenses on improvement of OF are reflected in K1/1 appendix table 3. Let’s fill it, using data of an example 2.
Table 3
Apparently from the table, the sum of the actual expenses on OF improvements for the I quarter exceeded an annual reyomontny limit. Therefore it is necessary to grant the sum of 10 000 UAH on a line of 04.10 declarations., i.e. limit of an ustayonovlenny limit. Sum of 5 000 UAH. in the declaration it is not reflected, it increases balance cost of group 3 and next reporting quarter will start to be amortized.
Payment for the earth
On the basis of subitem 5.2.5 of the Law on profit kvartalyyony payers of the profits tax include in VR structure:
• the sum of a payment (tax) for the earth, as used, not used in an agricultural proyoizvodstvenny turn;
• a rent for the land lots of a gosudarstvenyony and municipal property as the tayoky payment is equated to tax platezham*.
As a part of other taxes, collecting and obligatory payments the sum of a payment for the earth is reflected in a line of 04.6 declarations.
Tax obligations
The sum of the profits tax which is subject to payment in byudzhet, pays off by sum multiplication pribyli (defined according to item 3.1 of the Law on profit) on a tax rate (25 %).
Calculation of the tax obligations is representable in the form of a formula:
The profits tax = [Corrected VD (declaration p. 03) - Corrected VR (declaration p. 06) – Depreciation charges (declaration p. 07)] x 25 %.
List of documents
1. The law No. 349 – the Law of Ukraine from 24.12.02 of No. 349-IV About modification of the Law of Ukraine About the taxation of profit of the enterprises.
2. The law No. 489 – the Law of Ukraine ot.19.12.06 of No. 489-IV About the Government budget of Ukraine for 2007.
3. The law No. 889 – the Law of Ukraine from 22.05.03 of No. 889-IV About a tax on the income of individuals.
4. The law No. 1957 – the Law of Ukraine from 01.07.04 of No. 1957-IV About modification of the Law of Ukraine About the taxation of profit of the enterprises.
5. The law No. 2181 – the Law of Ukraine from 21.12.2000 of No. 2181-111 About an order of repayment of obligations of taxpayers before budgets and the state specialized funds.
6. An order No. 143 – the Order of drawing up of the declaration on the company income tax, approved by the order GNAU from 29.03.03 g: No. 143.
7. The letter No. 993 – GNA letter in the Dnepropetrovsk area from 17.01.07 of No. 993/10/31-248 Concerning a nalogoobloyozheniye of producers of agricultural production.
8. The letter No. 2169 – GNAU letter from 06.02.07 of No. 2169/7/15-0217 About single questions of application of point 5.9 of Art. 5 of the Law of Ukraine About the taxation of profit of the enterprises.
9. The letter N2 16636 – GNAU letter from 07.09.06 of No. 16636/7/31-3017 Concerning providing brochures on the tax matters.