UTII is a simplified taxation regime that can be applied by both IP and LLC. This system has many advantages, but when using it you have to take into account many nuances. UTII for LLC is considered a good choice, since a single tax replaces many fees at once. Additionally, the number of documents prepared by the company's accountant is reduced. But it’s important to understand under what conditions it is allowed to use the mode, what difficulties you have to face, and also how to switch to this mode.
Can companies work for UTII?
UTII for an LLC is a permitted regime, although certain requirements must be observed for its application. The rules for using the system are listed in Art. 346.26. It is the regional authorities of a particular region that decide on the possibility of using UTII, and also determine what types of activities may be suitable for these purposes.
Therefore, it can not always be used for UTII LLC. Retail is considered the most common type of activity for which this regime is permitted. In addition, firms can engage in veterinary medicine, outdoor advertising, renting premises, car repair, and other similar activities.
Transition Conditions
Application of UTII LLC is permitted only if several requirements are met. These include:
- in the region where the organization operates, the use of this tax regime is permitted;
- the selected activity is suitable for the requirements of the system;
- the company itself does not go beyond the established limits for income, the number of employees and other nuances.
In many large cities, which include Moscow, St. Petersburg or Sevastopol, it is allowed to use UTII for LLC and individual entrepreneurs. By using this mode, accounting at the enterprise is greatly simplified.
Transition Rules
If the company decides to work on UTII, then it is first necessary to make sure that the chosen direction of work and the characteristics of the enterprise are suitable for the requirements of the regime. It is recommended to send a company representative to the local administration to check the possibility of using UTII in a specific region.
If all conditions are met, then the following requirements are additionally checked:
- the company should not officially work for more than 100 people, and not only full-time employees, but also specialists working part-time or under a GPC agreement are taken into account;
- in the capital of the enterprise, the participation of third-party organizations does not exceed 25%;
- the company should not act as a participant in a simple partnership or work using a trust agreement;
- the activities of the company should not fall under the unified industrial tax;
- LLC should not be the largest taxpayer, and this includes enterprises that annually transfer more than 1 billion rubles. as taxes to the budget.
Only if all the above conditions are satisfied, is it possible to apply this tax regime to the enterprise. The most commonly traded LLC is UTII.
System advantages
If a company decides to use this simplified mode for calculating taxes, then it has many advantages. These include:
- the amount of LLC taxes on UTII is significantly reduced, since with a single fee income tax, property tax and VAT are replaced;
- an exception is the payment of property tax if the cadastral value acts as the tax base for real estate;
- tax calculation is considered simple, so often even novice company executives are involved in this process;
- organizations in this mode may not use the cash register when working with cash, but in this case, customers must be provided with sales receipts or BSO;
- simplified procedure for accounting for cash receipts and expenses of the enterprise;
- the amount of tax depends on the physical indicator, therefore it is considered quite low, which reduces the tax burden on companies;
- the probability of different tax audits is reduced;
- it is allowed to reduce the size of tax on insurance premiums for employees.
Additionally, certain benefits for insurance premiums are provided for pharmacy organizations.
Cons of the regime
If LLC applies UTII, then it is necessary to face some minuses of this activity. These include:
- during the year it will not work out to switch to a different taxation regime, but the exception is the situation when the company ceases to meet the requirements of UTII, therefore in automatic mode it is transferred to the basic taxation system;
- if the company works in several directions at once, then there are difficulties with combining UTII with other taxation regimes, which leads to the need to hire an experienced accountant;
- reports must be submitted at the place of registration of the company, and not at the place where the business is carried out directly;
- the amount of tax does not depend on the profit received, therefore, even if the company receives a loss in a certain period of time, it will still have to transfer a fixed amount of tax;
- Enterprises that use OSNO and pay VAT often refuse to cooperate with UTII firms; therefore, it is likely that many important counterparties will be lost.
Therefore, before directly switching to UTII, one should evaluate both the positive and negative aspects of using such a tax regime.
Tax Calculation Rules
To calculate the LLC tax on UTII it is required to use the standard formula. For this, imputed income is used, which is calculated at the state level. It is represented by the estimated return on a particular type of activity. Additionally, during the calculation, a physical indicator is taken into account, which can be represented by the area of the premises used, the number of seats in the transport for carrying passengers or other parameters. Often a physical indicator is even the number of officially employed workers.
All conditions for calculating UTII for LLC are in the Tax Code. In the calculation process, the following indicators are used:
- basic profitability, determined at the state level, and this value is regularly changing;
- physical indicator of a particular business;
- coefficient K1, determined by the Government every year;
- coefficient K2, established by the local administration, and its size may vary significantly for different types of activities.
All of the above indicators are multiplied, which allows you to get a tax base. Then it is multiplied by a tax rate of 15%. The resulting value is the monthly tax amount. Since UTII is paid quarterly, this indicator is further multiplied by 3.
The calculation can be performed independently, as well as using special computer programs issued by the Federal Tax Service. It is enough to enter the necessary data into them, after which the calculation is performed automatically.
Bookkeeping
At UTII how to keep records of LLC? This question interests every entrepreneur who plans to open his own company. Since the simplified mode is applied, it is not necessary to prepare a huge number of accounting documents. Therefore, companies working on UTII should only draw up the following documents:
- quarterly declaration on UTII;
- registers are maintained;
- compiled a book of accounting for income and expenses;
- for all employees, personal income tax returns are generated;
- if the company owns land or cars, then additional tax and land tax returns are submitted to the Federal Tax Service;
- competently formed contracts with different contractors or large customers;
- forms are submitted to the statistical authorities;
- annually a certificate is submitted to the Federal Tax Service about the average number of employees in the enterprise, based on which it is possible to understand whether the requirements for the company for using UTII are violated;
- reports are submitted to the PF and FSS annually;
- documents on personnel and financial movements are being maintained.
In 2018, fines for incorrect accounting at the enterprise are considered quite high, therefore, this process should be approached responsibly. All of the above reports of LLC on UTII are considered to be simple to compile. But it is nevertheless advisable to fill out an experienced accountant who knows the basic rules for compiling documents.
Rules for transferring insurance premiums
Insurance premiums of LLC on UTII are obligatory payments. The funds are transferred monthly for all employees to the PF, FSS and other state funds.
Each employee is additionally paid a salary. Often, companies prefer not to formalize employees, and in this case, they pass zero reporting. But if the labor inspectorate reveals such a violation, then the company will not only be held administratively liable, but also a tax penalty will be charged.
Is a cash register required?
Only for this taxation regime there is an exemption that allows you not to use the cash register. In addition, the use of the online cash desk was postponed until 2019. Such conditions are attractive to many companies. The most frequently chosen retail trade for UTII. LLC in this case is exempt from numerous taxes and the need for complex reports.
But even in the absence of a cash register, companies must provide their customers with confirmation of purchases. For this, commodity checks or BSO are used if the company specializes in providing various services to the public.
Can I combine with other modes?
If chosen by the company UTII, it is allowed to combine this regime with other taxation systems, which include OSNO, STS or patent system. But at the same time, the selected activity should fall under UTII.
When combining different modes, difficulties arise with the correct determination of the income and expenses of the company. This requires separate accounting, which often leads to incorrect calculations. This is due to the fact that common property is often used to work in different modes. Since UTII does not take into account income derived from work, the majority of revenues have to be accounted for in a different regime, which increases the tax burden on companies.
How to go?
The transition to the simplified mode can be carried out in two ways:
- immediately after the registration of the company, the representative of the organization can apply for UTII for the LLC in the Federal Tax Service at the place of registration to switch to this mode;
- if the organization is already working a certain amount of time, then the transition to this mode is allowed exclusively from the new year.
If during the functioning of the company it is revealed that the company ceases to comply with the requirements of UTII, then it is automatically transferred to OSNO. It is not recommended to deceive the employees of the Federal Tax Service, as based on the received documents they will easily understand exactly when the requirements for the simplified regime were violated. If the UTII declarations are still being handed over, this will lead to the prosecution of the company.
How to stop work on UTII?
The transition and use of this mode are voluntary, therefore, if the head of the company decides to stop using it, then the process can be performed at any time.
To terminate the activity, a statement is prepared in the form of UTII-3. The company is removed from the register within five days, after which a corresponding notification is sent to it. Therefore, for LLC deregistration of UTII is considered a simple process.
How to reduce the amount of tax?
Companies can reduce the tax by 50%, for which the transferred insurance premiums for employees are taken into account. This opportunity is used exclusively in the presence of officially employed employees.
Additionally, individual entrepreneurs can reduce the fee by 100% for insurance premiums paid for themselves if they do not have employees. Entrepreneurs can reduce tax by spending on the purchase of an online cash register. Such a benefit is offered in the amount of 18 thousand rubles.
Tax payment deadline
If applied by UTII, the accountant of the enterprise must know exactly when the funds are transferred and the declarations are submitted. The quarter is the tax period, therefore, the fee is to be paid quarterly.
The tax is transferred until the 25th day of the month following the last month of the reporting quarter. The declaration is submitted by the 20th of the same month. The declaration contains information about the amount of the fee.
If there is no tax on time, the company will be held liable. She pays a fine of 20% of the tax, and a penalty is charged for each day of delay. This leads to a significant increase in the amount that will eventually have to be transferred to the budget.
If the declaration is not timely delivered, the company pays a fine and forfeits. Regular violations can even serve as the basis for an unscheduled tax audit, so companies should be responsive to their tax obligations.
Conclusion
UTII is a permitted regime for LLC. You can use this simplified system only if you meet many requirements.
Companies in this mode may not count and pay a large amount of taxes. Accounting is greatly simplified, and the amount of tax can be reduced due to insurance transfers.
