Екатерина Уцына
Gladkov / Depositphotos.com
Федеральным законом от 29 сентября 2019 г. № 325-ФЗ внесен ряд изменений в налоговое законодательство. ФНС России в своем письме рассказала о некоторых из них, вступающих в силу с 2020 года (письмо ФНС России от 23 октября 2019 г. № БС-4-11/21726@).
С нового года адвокатам больше не нужно будет представлять в налоговую инспекцию подтверждающие документы вместе с заявлением об освобождении от уплаты страховых взносов, за периоды, когда их статус был приостановлен (п. 7 ст. 430 Налогового кодекса).
Все необходимые документы о принятых решениях о приостановлении (возобновлении) статуса адвокатов будут направляться в налоговую службу от адвокатских палат субъектов РФ в рамках п. 2 ст. 85 НК РФ.
Другое изменение связано с установлением порядка определения суммы страховых взносов за неполный месяц ведения плательщиками, не производящими выплаты физлицам, своей деятельности (п. 8 ст. 430 НК РФ). К ним, в частности, относятся предприниматели, адвокаты, медиаторы, нотариусы, оценщики и иные лица. Согласно новым правилам, фиксированный размер страховых взносов определяется пропорционально количеству отработанных календарных дней этого месяца.
Также НК РФ дополнен критерием для наделения организацией своих обособленных подразделений полномочиями по начислению и выплатам вознаграждений в пользу физлиц (подп. 7 п. 3.4 ст. 23 НК РФ). Так, плательщики страховых взносов должны будут сообщать в налоговую инспекцию по своему месту нахождения о наделении обособленного подразделения (включая филиал, представительство), которому открыт счет в банке, полномочиями (о лишении полномочий) начислять и производить выплаты и вознаграждения в пользу физлиц в течение одного месяца со дня наделения его соответствующими полномочиями (лишения полномочий). Таким образом, наделить соответствующими полномочиями плательщик сможет только те обособленные подразделения, которым открыт счет в банке.
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