Search and Return of Tax Reserves (Privileges and Overpayments)
Unbelievable! We would like you not to spend money for our services, but on the contrary, to receive them.
You have a favorable and rare opportunity to receive additional financial resources through use of modern methods of financial management and research of intraeconomic reserves:
Typically activity of the Russian enterprises is conducted without carrying out continuous monitoring of the ever-changing tax law and law-enforcement practice, in the conditions of lack of their updating in relation to the decisions on calculation of taxes which are earlier made by the enterprise
- At the same time, some tax decisions which are earlier made by the enterprise, in the conditions of the uncertainty existing at that time, receive unambiguous treatment through development of legal practice or changes in the legislation subsequently. Many of these factors in modern time can be "retrospectively" used in interests of the enterprise,
- Such a practice of tax burden re-checking (periodic audit and improvement of earlier made tax decisions) for the Russian enterprises is an innovative method of effective financial management.
Our approach is based on the international audit and tax practice and полносьью corresponds to the Russian legislation.
Our practical experience proves that opportunities for research of such reserves are existing at the majority of the enterprises and often are very essential. We have the corresponding author's techniques of research of these reserves and are ready to apply them at your enterprise. The assessment of possibility of successful implementation of the project on research of reserves is carried out on previously obtained results of free examination of the enterprise.
Distinctive features of our services are:
- the expressed practical orientation on receiving concrete financial results for the enterprise;
- the finished cycle from a problem definition on search of a reserve before use of a reserve;
- formation of joint design team;
- motivation of design command for the received result, but not on consulting process.
Successful practice showed the following most interesting directions for research of tax reserves:
- return of excessively paid income tax in regard of receiving money on compensation of part of costs of payment of percent on the credits obtained in the Russian banks. We developed the legal position allowing not to accrue income tax on the specified means (not to consider them at the taxation as a part of extraordinary charges). Our position allows to return income tax on the bases stated above, despite the expiration of 3-year term of date of payment of a tax for the previous tax periods now. Economic effect in the form of the returned (reckoned) income tax can make tens of millions of rubles. Thus this procedure doesn't bear tax risks since submission of the tax declaration won't entail any tax additional accruals.
- application of a privilege on a land tax. Owing to subitem 3 of item 2 of Art. 389 of the Tax Code of the Russian Federation the land plots limited in a turn according to the legislation of the Russian Federation, provided for ensuring defense, safety and customs needs don't admit object of taxation by a land tax (till 2012 inclusive). Since 2013 on such land plots the lowered tax rate – no more than 0,3% instead of 1,5% (subitem 1 of item 1 of Art. 394 of the Tax Code of the Russian Federation) is established. The analysis which is carried out by us showed that many enterprises have all bases to use the specified privilege for 2012-2014 and during the subsequent periods, however it don't use. We at the moment created a detailed legal position on the matter, and also there is a technique of selection of evidential base owing to what we are sure that implementation of the project will bring considerable economic effect.
- application of the raising depreciation coefficient to the power effective equipment. According to standards of the tax law of the organization in tax accounting has the right to apply to the main norm of depreciation special coefficient (not higher than 2) to the depreciable fixed assets relating to the objects having high power efficiency according to the list of such objects established by the Government of the Russian Federation. We undertake to perform work on formation of the corresponding position of the enterprise, and to protect in pre-judicial and if necessary - a legal process.
- application of coefficient 1,5 to expenses on research and development. We offer the legal position allowing to consider in full compliance with Art. 262 of the Tax Code of the Russian Federation in the increased size (with coefficient 1,5 rather actually carried out) expenses on carrying out the NIOKR. Economical effect consists in the additional account as a part of expenses at calculation of income tax of 50% of the expenses which are actually carried out for the above purposes, that is all in tax accounting it will be accepted not 100%, but 150% of actually carried out expenses. We suggest to carry out work on identification of this tax asset for the period since 2012, and to protect it in pre-judicial and if necessary - a legal process.
- other tested tax solutions.