Маргарита Горовцова
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Ярославская областная Дума предлагает увеличить предельную численность работников для целей применения патентной системы налогообложения (далее – ПСН). Если сегодня этот показатель составляет 15 человек (п. 5 ст. 346.43 НК РФ), то в случае одобрения соответствующего законопроекта1 он может вырасти до 50 человек.
Авторы инициативы поясняют, что с 1 января 2021 года условия применения ПСН изменились (Федеральный закон от 23 ноября 2020 г. № 373-ФЗ). Теперь этот спецрежим не могут использовать ИП, которые оказывают услуги по перевозке грузов и пассажиров и используют при этом более 20 транспортных средств (подп. 6 п. 6 ст. 346.43 НК РФ).
Таким образом, ИП на ПСН может иметь 20 транспортных средств – и в таком случае 15 работников будет недостаточно. Исходя из этого и предлагается увеличить максимальное число работников.
Можно ли применять ПСН при оказании услуг по аренде транспортных средств? Узнайте ответ в Энциклопедии судебной практики системы ГАРАНТ. Получите полный доступ на 3 дня бесплатно!
Подчеркнем, что в случае одобрения законопроекта предлагаемое изменение коснется всех видов предпринимательской деятельности, при ведении которых разрешено использовать ПСН – а не только перевозок.
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1 С текстом законопроекта № 1168605-7 «О внесении изменения в статью 346.43 части второй Налогового кодекса Российской Федерации» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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