Legal Encyclopedia. The letter P

TAX REFUND PROCEDURE

The resulting difference is refundable to the taxpayer, if at the end of the tax period, the amount of deductions exceeds the total amount of tax calculated on items recognized subject to taxation.

Objects of taxation - is the following:

1) the sale of goods on the territory of the Russian Federation, the implementation of the collateral and transfer of goods for the agreement;

2) the transfer of the territory of the Russian Federation of goods for their own use, the costs of which are not deductible when calculating the tax on the profit of the organization;

3) construction and installation work for their own consumption.

Taxpayers - are organizations and individuals, which, in accordance with this Code, an obligation to pay taxes accordingly.

Within three calendar months,

following the expired tax period, this amount is directed to the fulfillment of taxpayer obligations to pay taxes or fees, including taxes paid in connection with the movement of goods across the customs border of the Russian Federation, on the penalty payment, the repayment of arrears of tax sanctions the amounts awarded by the taxpayer to be paid to the the same budget.

Passed by the tax authorities of their own and in coordination with the customs authorities for taxes paid in connection with the movement of goods across the customs border of the Russian Federation, and within ten days after the set-off report it to the taxpayer.

The amount that has not been credited, shall be returned to the taxpayer at his written request after the expiration of three calendar months following the expired tax period.

In forward the decision on the execution within two weeks after receipt of the request, the tax authority shall decide on the return of the said amount to the taxpayer of the corresponding budget and at the same time (within two weeks) in

the appropriate authority of the Federal Treasury. The tax authorities in the Russian Federation - is the Russian Ministry of Taxes and Levies and its affiliated companies in the Russian Federation. Federal Treasury bodies shall return such amounts.

Within two weeks from the date of receipt of the decision of the tax authority, bodies of the Federal Treasury begins to be carried out to recover the sums. If the decision of the Federal Treasury body is not received after seven days from the date of the tax authority, the eighth day of the date of deemed receipt of this decision, counting from the date of the tax authority of such decision. In case of violation of terms on the amount to be refunded to the taxpayer, bear interest on the basis of a three hundred and sixty CBR refinancing rate for each day of delay.

Amounts (Art. 171 of the Tax Code) in respect of the sale of goods transactions (sub-clause. 1-6, 8 para. 1, Art. 164 of the Tax Code), as well as the amount of tax calculated and paid, shall be reimbursed by offsetting (return) on the basis of a separate tax return (p. 7

Art. 164 of the Tax Code) and documents (Art. 165 of the Tax Code).

Considering the date the taxpayer submits a tax return and the relevant documents, no later than three months to make reparation.

The tax authority within the deadline checks that rightly or wrongly applied the tax rate is 0%, and tax deductions, and a decision on compensation by offsetting or refund the relevant amounts or refuse (fully or partially) in compensation.

If the tax authorities have decided to refuse (in whole or in part) in compensation, he shall not later than ten days after the issuance of the decision to provide a reasoned opinion to the taxpayer.

If within the prescribed period the tax authority has not issued a decision on refusal and the above conclusion is not presented to the taxpayer, the tax authority shall decide on the compensation for the amount by which the refusal decision is not made, and within ten days to notify

taxpayer of the decision.

In the case of arrears and penalties on tax

the taxpayer, in other taxes and fees, as well as tax arrears awarded penalties payable to the budget, from which the refund, by the decision of the tax authority, they are offset on a priority basis.