New Experimental Tax And Levy Payment Regime
Published date | 05 September 2022 |
Subject Matter | Tax, Tax Authorities |
Law Firm | Gorodissky & Partners |
Author | Mr Valery Narezhny |
On 1 July 2022, an experiment was launched in Russia to introduce a new procedure for paying and crediting taxes to the budget through the unified tax payment (UTP) mechanism. Currently, participating in the experiment is voluntary, but if the experiment is successful, at least a number of taxpayer categories are highly likely to be switched to making the UTP on a mandatory basis from 1 January 2023. As early as at the end of 2021, Federal Law No. 379-FZ dated 29 November 2021 was adopted. It introduced article 45.2 into the Tax Code, which established the rules for applying this regime.
The UTP is a specific advance procedure for transfer of taxes, fees, levies (except for the state duty) and penalties using one payment document. Amounts received under such a payment document will be credited to a specific account with the Federal Treasury. The tax inspectorate will allocate money by payment type. For this purpose, companies should submit a notice to the Federal Tax Service Inspectorate at least five business days prior to the date of the relevant payment. The form of such a notice is established by Appendix No. 1 to Order of the Federal Tax Service (No. ED-7-8/178 dated 2 March 2022). The notice should be submitted in electronic form and one document may specify several payments for different taxes and different tax periods.
The law establishes certain priority for debiting funds from companies. Tax arrears will be debited first. If there are several tax arrears for different taxes and different periods, the earliest ones by the date of origin will be debited first. Taxes and levies are then debited in the order of precedence as the liabilities arise, based on the statutory payment dates. After that, penalties, interest and fines imposed on the company will be debited. The company may return the balance unused to pay taxes and make other payments from the account designated for the UTP at any time.
The new procedure involves both certain conveniences and disadvantages for businesses. The positive aspects include the fact that the risk of tax non-payment due to erroneously indicating any details in a payment order (eg, code per any classifier and payment...
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