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An investment tax credit may be available. Investment tax credit under the burden of restrictions. Legal regulation of the issue

Investment tax credit represents such a change in the tax payment period in which the organization is given the opportunity, within a certain period and within certain limits, to reduce its tax payments with the subsequent stage-by-stage payment of the loan amount and accrued interest.

An investment loan has many of the features of a conventional loan: urgency, payment and repayment. That is why, compared to gratuitous financing of infrastructure projects using funds state budget This measure of support for organizations is more beneficial for the state. Firstly, the funds provided in the form of such a loan will ultimately be returned to the budget, and, secondly, the state will receive income in the form of interest for its use.

An investment tax credit can be granted to an organization if at least one of the following grounds exists:

1) carrying out by this organization scientific research or development work or technical re-equipment own production, including those aimed at creating jobs for people with disabilities or protecting environment from pollution by industrial waste;
2) implementation by this organization of implementation or innovation activity, including the creation of new or improvement of used technologies, the creation of new types of raw materials or materials;
3) fulfillment by this organization of a particularly important order for social economic development region or its provision of particularly important services to the population.

Technical re-equipment can be not only of a production nature, but also aimed at creating jobs for people with disabilities or protecting the environment from pollution by industrial waste. If this condition is met, the amount of the loan provided is 30% of the cost of the purchased equipment used exclusively for the listed purposes. In addition, other grounds may be provided at the regional and local levels.

At the federal level, an investment tax credit can only be provided for an organization’s income tax; appeal of a taxpayer organization in relation to other federal taxes Not provided for by the Tax Code. There are no restrictions on its provision for regional and local taxes in the legislation of the Russian Federation. This loan is provided by the tax service after approval at the federal level with the Ministry of Finance of the Russian Federation, and at the regional and municipal levels - with the relevant committees of regional and local authorities executive power.

In every reporting period(regardless of the number of investment tax credit agreements) the amounts by which tax payments are reduced cannot exceed 50% of the corresponding tax payments determined by general rules excluding the presence of investment tax credit agreements. In this case, the credit amount accumulated during the tax period cannot exceed 50% of the amount of tax payable by the organization for this taxable period. If the accumulated loan amount exceeds maximum dimensions, for which the tax reduction established by this paragraph is allowed for such a reporting period, then the difference between this amount and the maximum allowable amount is carried over to the next reporting period.

An organization that has received an investment tax credit has the right to reduce its payments for the corresponding tax during the validity period of the investment tax credit agreement.

The reduction is made for each payment of the corresponding tax for which an investment tax credit is granted, for each reporting period until the amount not paid by the organization as a result of all such reductions (the accumulated amount of the credit) becomes equal to the amount of the credit provided for by the relevant agreement. Specific order of reduction tax payments determined by the concluded investment tax credit agreement.

Like any other, this type of loan is formalized by an agreement in the established form between the tax authority and the organization applying for it. The form of this agreement is established by the authorized body making the decision to provide this loan. Standard contract approved by Order of the Federal Tax Service of November 29, 2005 No. SAE-Z-19/622.

The agreement on obtaining an investment tax credit must determine the procedure for reducing tax payments by the amount of the loan (indicating the tax for which it was granted); contract time; interest accrued on the loan amount; the procedure for repaying the loan amount and accrued interest; information about the property that is the subject of the pledge, or about the surety; responsibility of the parties. Also, the agreement must contain provisions according to which, during the entire period of its validity, the sale or transfer into possession, use or disposal of equipment or other property to third parties, the acquisition of which by the organization was a condition for the provision of an investment tax credit, is not allowed, or the conditions for such credit must be determined. implementation (transfer).

If an organization has concluded more than one investment tax credit agreement, the validity of which has not expired at the time of the next tax payment, the accumulated amount of the credit is determined separately for each of these agreements. In this case, the increase in the accumulated loan amount is carried out first in relation to the first agreement, and when this accumulated loan amount reaches the size stipulated by the specified agreement, the organization can increase the accumulated loan amount according to next agreement.

If an organization had losses based on the results of individual reporting periods during the tax period or losses based on the results of the entire tax period, the excessively accumulated loan amount based on the results of the tax period is transferred to the next tax period and is recognized as the accumulated loan amount in the first reporting period of the new tax period.

An investment tax credit can be granted for a period of one to five years.

Interest on the loan amount is determined at a rate of no less than one-half and not exceeding three-fourths of the refinancing rate Central Bank Russian Federation.

The investment tax credit is intended to stimulate certain types of activities of taxpayers, because, firstly, the investment tax credit involves the largest change in the deadline for paying the tax, compared to other forms of such a change, this is due to the fact that the effectiveness of investments depends on the deadline , to which they are provided, (although not only from him). Secondly, the investment nature of this credit is confirmed by the fact that the law provides for a large period of time for which an investment tax credit can be granted - from one to five years for the part of the tax that goes to federal budget- after all, a good stimulating effect from an investment can be obtained only by carefully studying the state of affairs in the relevant organization and determining the time for which it is advisable to provide funds, and often in each specific situation this optimal time is completely different, which is why the legislator provided such large spread of minimum and maximum term, for which a loan can be provided (a tax credit for payments to the budget of the Russian Federation is provided for a period of 3 months to a year). Thirdly, the investment nature of the loan is expressed in the fact that the organization is given the right to choose when concluding an agreement when and how much to reduce its tax payments; this rule assumes that when concluding a loan agreement, the organization’s opinion regarding the mode (schedule) of reduction should be taken into account tax payments, since, in fact, most likely, it is the organization that knows best what regime needs to be established for the best investment effect.

Based on certain provisions of the Tax Code of the Russian Federation, an enterprise has the right to reduce taxes. In addition, you can legally formalize a change in the deadlines for paying taxes with the obligation to gradually repay the loan on accrued interest. Such an agreement is drawn up over a certain period of time, and it fixes the established amount of tax reduction. This feature is called the investment tax credit. Below we will describe in more detail what the procedure and conditions for receiving such a benefit are, which every taxpayer will be happy about.

Terms of loan

To obtain this type of loan, at least one of the following conditions must be met:

The enterprise carries out research, technical, design or socially useful work. For example, it creates working conditions for people with disabilities. This category also includes work related to ecology, for example, protecting nature from the harmful effects of industrial waste.
Carrying out a set of scientific, technological, organizational, financial and commercial activities, the purpose of which is to create new or improved goods/services.
The organization participates in improving the socio-economic level of the region or provides goods or services that are particularly significant for the population.

Loan size

Investment loans are issued in the following options:

30% of the funds spent on the purchase of equipment. The equipment must be used only for the purposes listed in subparagraph 1 of Art. 66 Tax Code of the Russian Federation.
The amount of debt, which is determined by agreement of the executive authority and the enterprise involved in the process. Such a debt is issued on the basis of paragraphs. 2 and 3 of the Tax Code of the Russian Federation. After a certain period of time (regardless of the number of loan agreements), the amount of reduction in tax payments should not be more than 50% of the amount of the corresponding tax payments established according to public rules, not taking into account existing investment tax loan agreements.

In addition, the amount of debt should not exceed 50% for the entire period of loan accumulation. If the accumulation debt exceeds the established norm, the difference between the established and the resulting value is transferred to another reporting period. However, this is only possible if the tax reduction is an acceptable measure established by this paragraph for a certain period of time.

The amount of debt should not exceed 50% over the entire period of loan accumulation.

An enterprise that has received an investment tax credit can pay taxes in a smaller amount according to the appropriate tax during the time established by the loan agreement.

You can reduce any payment for which the loan was issued for a period of time until the amount that was accumulated during the loan is equal to what was agreed upon in the agreement. The exact reduction procedure can be determined by the agreement on the issuance of an investment loan.

If a company has entered into several loan agreements, the amount of each debt is calculated separately. We also note that the increase in the amount received is carried out first relative to the initial loan for the period of conclusion, and if the amount of accumulation has reached the limit established in the agreement, then the enterprise has the right to increase the amount under the next agreement.

If the company had excess expenses, which resulted in losses during tax periods or financial losses for the entire period, the loan amount also automatically transfers to the next payment period, and also receives the status of the accumulated amount in the tax period.

Term

An investment loan can be provided for a limited time – from one to five years. The loan period is determined in the negotiation process between the lender and the borrower. Interest on the amount of the debt will be determined at a rate of no less than half and no more than three-quarters of the rate of the new loan for more favorable conditions for complete or partial repayment previous loan.

The loan period is determined in the negotiation process between the lender and the borrower.

To obtain an investment loan, an enterprise must submit an application, after which the process of drawing up an agreement between the executive authority and this enterprise will begin.

Investment agreement

The agreement must include the following points:

The procedure for reducing tax payments.
The size of the loan (this point also takes into account the government fee that will be charged on the debt).
The procedure for paying off debt and interest received.
Documents for collateral or guarantee (obligation for the fulfillment of obligations).

In order for a company to receive an investment loan, it must provide the following set of documents:

A formal request for credit made by a taxpayer.
A document that describes the main aspects entrepreneurial activity, on the basis of which investments can be obtained.
Information showing the preliminary plan for paying off the debt, as well as the timing of its repayment.
Determining the tax for which the registration will be made tax debt, confirmed by the tax authority.
Report on financial condition enterprises.
Documents for collateral or responsibility for ensuring the taxpayer fulfills his obligations (guarantee).
Written confirmation of the absence of debts to the city budget (issued by the tax office).
Documents that serve as the basis for the activities of a legal entity.

For example

A developing region distillery is planning a project to improve and expand production to increase productivity. This means increasing sales of higher quality goods, increasing the number of products produced, and expanding the range. In addition, new equipment will ensure high quality products.

According to experts, the demand for alcoholic products sufficient to increase current sales. An increase in demand from restaurants and bars for alcoholic beverages is expected. Coming soon new year holidays, which increases alcohol sales. In addition, small towns, villages and towns nearby the region are applying for the supply of alcoholic products.

The project is expected to:

Complete or partial replacement of the enterprise’s existing equipment with newer and more productive equipment.
Organization of production of a new type of product thanks to a new workshop.

Providing cash resources for current expenses is expected partially from personal Money from the current work of the organization and partially with a loan in the amount of 14,800 thousand rubles. with payment of 24% per annum in rubles. The duration of the agreement determined by the bank is three years from the date of conclusion of the agreement. The bank puts forward its demands in the form of repaying the debt in equal parts of the amount within twelve months in each tax period.

To ensure financial viability (payment full cost loan at a specified time), the organization submits an application for an investment loan for income tax within three years.

Another form of financing the activities of entrepreneurial firms is an investment tax credit. In accordance with Article 66 of the Tax Code of the Russian Federation, an investment tax credit is a change in the tax payment deadline in which
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The organization, if there are appropriate grounds, is given the opportunity, within a certain period and within certain limits, to reduce its tax payments with subsequent stage-by-stage payment of the loan amount and accrued interest. This loan can be provided to a business firm for income tax, as well as for regional and local taxes for a period of 1 to 5 years.
An investment tax credit can be granted to a company that is a taxpayer in the following cases:

when this company carries out research or development work or technical re-equipment of its own production, including those aimed at creating jobs for people with disabilities or protecting the environment from pollution by industrial waste;
when this company carries out implementation or innovation activities (including the creation of new or improvement of used technologies, the creation of new types of raw materials or materials);
if this company carries out a particularly important order for the socio-economic development of the region or provides particularly important services to the population.

An investment tax credit is provided on the basis of an application by a business firm and is formalized by an agreement in the established form between the company and the financial authority of a constituent entity of the Russian Federation. The decision to provide investment commercial loan accepted within 1 month from the date of receipt of the application. At the same time, a business firm has the right to simultaneously enter into several investment tax credit agreements.
An agreement on an investment tax credit must contain the following information: the amount of the loan (indicating the tax for which the loan is provided); duration of the agreement, interest accrued on the loan amount; the procedure for repaying the loan amount and accrued interest; documents on the property that is the subject of the pledge, or a surety; responsibility of the parties.
Besides, this agreement must contain provisions according to which, during the period of its validity, the sale or transfer into possession, use or disposal to other persons of equipment or other property, the acquisition of which by the company was a condition for the provision of an investment tax credit, is not allowed, or the agreement must define the conditions for such sale . A copy of the agreement must be provided by the business firm to the tax authority at the place of its registration within 5 days from the date of conclusion of the agreement.
A company that has received an investment tax credit has the right to reduce its tax payments during the term of the investment tax credit agreement. In this case, the reduction is made for each payment for each reporting period until the amount not paid by the company as a result of all such reductions (the accumulated loan amount) becomes equal to the loan amount specified in the relevant agreement.
If a company has concluded more than one investment tax credit agreement, the validity of which has not expired at the time of the next tax payment, the accumulated amount of the credit is determined separately for each of these agreements. In this case, the increase in the accumulated loan amount is carried out first in relation to the first agreement in terms of the term of conclusion, and when this accumulated loan amount reaches the amount stipulated by the specified agreement, the company can increase the accumulated loan amount under the next agreement.
Regardless of the number of investment tax credit agreements, in each reporting period the amounts by which tax payments are reduced cannot exceed 50% of the corresponding tax payments determined without taking into account the existence of these agreements. In this case, the credit amount accumulated during the tax period cannot exceed 50% of the amount of tax payable by the company for this tax period.
In the case of a business firm conducting R&D, an investment tax credit is provided in an amount equal to 30% of the cost of equipment purchased by the company, used exclusively for carrying out R&D or technical re-equipment. In other cases, an investment tax credit is provided for amounts determined by agreement of the parties when concluding an investment tax credit agreement.
Interest on the loan amount is set at a rate not less than /2 and not exceeding 3/4 of the refinancing rate of the Central Bank of the Russian Federation.

Tax Code of the Russian Federation Article 67. Procedure and conditions for granting investment tax credit

1. An investment tax credit may be granted to an organization that is a taxpayer of the relevant tax if there is at least one of the following grounds:

1) carrying out by this organization research or development work or technical re-equipment of its own production, including those aimed at creating jobs for people with disabilities and (or) increasing the energy efficiency of production of goods, performance of work, provision of services, or implementation of an event or activities to reduce the negative impact on the environment provided for in paragraph 4 of Article 17 of the Federal Law of January 10, 2002 N 7-FZ “On Environmental Protection”;

2) implementation by this organization of implementation or innovation activities, including the creation of new or improvement of used technologies, the creation of new types of raw materials or materials;

3) the fulfillment by this organization of a particularly important order for the socio-economic development of the region or the provision of particularly important services to the population;

4) implementation by the organization of the state defense order;

5) implementation by this organization of investments in the creation of facilities with the highest class of energy efficiency, including apartment buildings, and (or) related to renewable energy sources, and (or) related to objects for the production of thermal energy, electrical energy, having an efficiency factor of more than 57 percent, and (or) other objects, technologies with high energy efficiency, in in accordance with the list approved by the Government of the Russian Federation;

6) inclusion of this organization in the register of residents of the territorial development zone in accordance with the Federal Law

2. Investment tax credit is provided:

1) on the grounds specified in subparagraphs 1 and 5 of paragraph 1 of this article, - for a loan amount amounting to 100 percent of the cost of equipment purchased by the interested organization, used exclusively for the purposes listed in these subparagraphs;