Екатерина Уцына
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Минфин России разработал проект федерального закона, вносящий изменения в Налоговый кодекс в части дополнения его новым разделом, касающимся прослеживаемости товаров1. Законопроектом предусмотрено, что поправки в НК РФ вступят в силу с 1 января 2020 года, однако новые положения будут распространяться на правоотношения, возникшие с начала 2022 года.
Как указано в пояснительной записке к проекту закона, он направлен на реализацию российских обязательств по созданию национальной системы прослеживаемости ввозимых товаров, т. е. контроля за операциями, связанными с оборотом товаров.
Предполагается, что перечень таких товаров будет утверждаться Правительством РФ. Прослеживаемость товаров осуществляется на основании документов без нанесения на товар идентификационных знаков. Им будут присваиваться специальный регистрационный номер партии товара. При импорте такой номер будет формироваться продавцом из регистрационного номера декларации на товары и порядкового номера товара из нее или аналогичных показателей заявлений о выпуске товаров до подачи декларации. При продаже такого товара регистрационный номер включается налогоплательщиком в счет-фактуру (для плательщиков НДС) или документ об отгрузке товаров (для неплательщиков НДС).
О том, какие документы нужно представить в налоговую инспекцию вместе с декларацией по НДС при импорте товаров из ЕАЭС, читайте в материале «Учет и налогообложение импорта из стран ЕАЭС (Белоруссии, Казахстана, Армении и Киргизии)» в «Энциклопедии решений. Налоги и взносы» интернет-версии системы ГАРАНТ. Получите бесплатный доступ на 3 дня!
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Прекращается прослеживаемость товара в следующих случаях:
исключен из утвержденного перечня; выбыл по причине, не связанной с реализацией (направлен в производство, захоронен, утилизирован или уничтожен, безвозвратно утрачен или конфискован); продан физлицу для личного потребления; экспортирован.
При продаже физлицам или утилизации товара организация должна будет составлять специализированный ежеквартальный отчет, представляемый в налоговый орган. Он составляется также и в случаях реализации товара продавцами, не уплачивающими НДС. Для плательщиков налога информация об операциях купли-продаже товара включается в квартальную декларацию по НДС.
Помимо вышеперечисленного законопроектом предлагается прописать обязанности и меру ответственности налогоплательщиков, совершающих операции с таким товаром, а также порядок уведомления о перемещении товара и об имеющихся остатках.
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1 С текстом законопроекта «О внесении изменений в части первую и вторую Налогового кодекса Российской Федерации (о создании национальной системы прослеживаемости товаров)» и материалами к нему можно ознакомиться на федеральном портале проектов нормативных правовых актов (ID: 02/04/06-19/00092613).
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