Екатерина Уцына
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В Госдуму внесен законопроект, предусматривающий поправки в порядок постановки на налоговый учет в качестве налоговых агентов предпринимателей, применяющих общий режим налогообложения, УСН и ЕСХН1.
В настоящее время налоговым законодательством установлено, что налоговые агенты — ИП, которые состоят на учете в налоговом органе по месту осуществления предпринимательской деятельности в связи с применением ЕНВД, ПСН с доходов наемных работников обязаны перечислять исчисленные и удержанные суммы налога на доходы физических лиц в бюджет по месту своего учета в связи с осуществлением такой деятельности (п. 7 ст. 226 Налогового кодекса).
При этом, при применении УСН и ЕСХН уплата НДФЛ в случае привлечения наемных работников производится по месту жительства предпринимателя (п. 4 ст. 346.9, п. 6 ст. 346.21 НК РФ). Аналогичный порядок уплаты налога с доходов наемных работников действует для предпринимателей, находящихся на общем режиме налогообложения.
Поэтому, как указывается в пояснительной записке к законопроекту, нормы налогового законодательства не обязывают предпринимателей становиться на налоговый учет и исполнять обязанности налогового агента по месту осуществления предпринимательской деятельности, если оно отличается от места их жительства.
В результате применения вышеуказанных норм доходная часть бюджетов субъектов РФ, местных бюджетов не соответствует реальному налоговому потенциалу, объему создаваемой добавленной стоимости. Ведь наемные работники предпринимателей, применяющих общий режим налогообложения, УСН и ЕСХН, пользуются инфраструктурой, социальным обеспечением территории РФ, на которой осуществляется предпринимательская деятельность, и при этом не участвуют в формировании доходной части бюджета соответствующей территории. Поэтому законодатель и предлагает установить, что предприниматели, применяющие общую систему налогообложения, а также УСН или ЕНВД будут вставать на учет по месту осуществления предпринимательской деятельности в качестве налоговых агентов.
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Предлагаемые законопроектом поправки не изменит налоговую нагрузку этой категории предпринимателей, но повысят качество администрирования НДФЛ, уплачиваемого с доходов наемных работников, а также заинтересованность субъектов РФ в развитии экономического потенциала своих территорий.
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1 С текстом законопроекта № 991881-7 «О внесении изменений в части первую и вторую Налогового кодекса Российской Федерации в части постановки на налоговый учет по месту осуществления предпринимательской деятельности в качестве налоговых агентов индивидуальных предпринимателей, применяющих общий режим налогообложения, упрощенную систему налогообложения и систему налогообложения для сельскохозяйственных товаропроизводителей (единый сельскохозяйственный налог)» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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