договор, поручительства, налоговая
ФНС утвердит форму договора поручительства
30.05.2017
ФНС готовит ведомственный приказ, которым будет утверждена форма договора поручительства. Уведомление об этом опубликовано на Едином портале для размещения проектов НПА.
В ведомстве поясняют, что разработка документа связана с внесением Федеральным законом от 30.11.2016 № 401-ФЗ изменений в НК РФ.
Указанный закон внес поправки в статью 74 НК РФ, согласно которым налоговое поручительство оформляется договором между налоговым органом и поручителем по форме, утверждаемой ФНС РФ.
Напомним, по нормам статьи 74 НК РФ поручитель обязывается перед налоговыми органами исполнить в полном объеме обязанность налогоплательщика по уплате налогов, если последний не уплатит в установленный срок причитающиеся суммы налога и соответствующих пеней.
Ранее нормы указанной статьи не содержали слова об обязательном утверждении ФНС формы документа и договор поручительства оформлялся по рекомендуемой форме.
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