What expenses reduce the simplified tax system “income minus expenses” in 2021? What is the new list of expenses with explanation? Details and a convenient table are in this material.
Also see:
- All changes to the simplified tax system from 2021;
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The principle of “income minus expenses”
Individual entrepreneur organizations that in 2021 apply the “simplified tax system” (STS) and pay a single tax on the difference between income and expenses have the right to reduce the tax base by the amount of expenses incurred (clause 2 of Article 346.18 of the Tax Code of the Russian Federation).
Having chosen the object of taxation “income reduced by the amount of expenses”, the payer of the simplified tax system in 2021 must keep records of income received and expenses incurred in the book of income and expenses. And based on this book, determine the final amount of tax to be paid.
What “gets” into income
As part of the “simplified” income, it is necessary to take into account income from sales and non-operating income (Article 346.15 of the Tax Code of the Russian Federation). In this case, income under the simplified tax system is recognized using the “cash” method. That is, the date of receipt of income is the day of receipt of funds, receipt of other property or repayment of debt by other means (clause 1 of Article 346.17 of the Tax Code of the Russian Federation).
What is included in expenses
The list of expenses that can be taken into account on a simplified basis is given in Article 346.16 of the Tax Code of the Russian Federation and is closed. This means that not any costs can be taken into account, but only justified and documented costs listed in the specified list. This list includes, but is not limited to:
- expenses for the acquisition (construction, production), as well as completion (retrofitting, reconstruction, modernization and technical re-equipment) of fixed assets;
- costs of acquiring or independently creating intangible assets;
- material costs, including costs for the purchase of raw materials and materials;
- labor costs;
- the cost of purchased goods purchased for resale;
- amounts of input VAT paid to suppliers;
- other taxes, fees and insurance premiums paid in accordance with the law. An exception is the single tax, as well as VAT allocated in invoices and paid to the budget in accordance with paragraph 5 of Article 173 of the Tax Code of the Russian Federation. These taxes cannot be included in expenses (subclause 22, clause 1, article 346.16 of the Tax Code of the Russian Federation).
- costs for maintenance of CCP and removal of solid waste;
- expenses for compulsory insurance of employees, property and liability, etc.
Features of tax reduction on insurance premiums
Unlike the simplified tax system, income is 6%, in the 15% regime it is not the amount of tax itself that is reduced, but the base formed for its calculation. Fixed contributions of individual entrepreneurs to themselves are simply made in full as part of the expenses taken into account, thereby reducing the base.
The situation is similar with contributions that are paid for hired employees. They are also fully included in expenses and participate in reducing the base. However, there is one peculiarity here. If an entrepreneur combines another regime with the simplified tax system, then it can only be included in expenses by making contributions for those employees who participate in activities that fall under the simplified tax system.
Breakdown of expenses: table
Some novice accountants are surprised: “How can one accurately understand from Article 346.16 of the Tax Code of the Russian Federation whether it is possible to reduce the simplified tax system for a particular expense or not?” Yes, indeed, some of the expenses described in this article raise questions. What exactly, for example, is included in labor costs? Or what costs should be attributed to solid waste removal in 2021? As a rule, the Ministry of Finance or the Federal Tax Service comes to the rescue on such issues and gives their explanations. Based on the Tax Code of the Russian Federation and official explanations, we have prepared a breakdown of expenses that in 2021 can be attributed to expenses under the simplified tax system with the object of taxation “income minus expenses.” Here is a table with expenses, which are expenses that are not directly named in article 346.16, but which can be taken into account in expenses:
Explanation of expenses according to the simplified tax system for 2021 | |
Expenses | How are they included in expenses? |
Fixed assets and intangible assets | |
Expenses for payment of interest for the provided installment plan for payment of fixed assets | Accepted as part of expenses for the acquisition of fixed assets in the manner prescribed by paragraph 3 of Article 346.16 of the Tax Code of the Russian Federation (letter of the Ministry of Finance of Russia dated July 2, 2010 No. 03-11-11/182) |
Expenses for repurchase of leased fixed assets | Included as part of the costs of acquiring fixed assets (subject to the transfer of ownership of the object and after full payment) (letter of the Ministry of Finance of Russia dated January 20, 2011 No. 03-11-11/10) |
Material costs | |
Cost of forest plantations acquired as part of business activities | Taken into account as part of material expenses (subclause 5, clause 1, article 346.16 of the Tax Code of the Russian Federation, letter of the Ministry of Finance of Russia dated October 24, 2008 No. 03-11-05/255) |
Expenses for payment for services of forestry enterprises for the allocation and registration of cutting areas | Taken into account as part of material expenses (subclause 5, clause 1, article 346.16 of the Tax Code of the Russian Federation, letter of the Ministry of Finance of Russia dated October 24, 2008 No. 03-11-05/255) |
Expenses for breaking and cutting glass (in the absence of culprits) | They are taken into account within the limits of natural loss norms (subclause 5, clause 1, article 346.16, subclause 2, clause 7, article 254 of the Tax Code of the Russian Federation). When writing off, you can be guided by the Standards approved by the USSR Ministry of Industry and Construction Materials dated October 21, 1982 (letter of the Russian Ministry of Finance dated January 17, 2011 No. 03-11-11/06) |
Costs of paying for the services of a freelance programmer | Taken into account if it can be justified that the programmer’s services are of a production nature (subclause 5, clause 1, article 346.16, subclause 6, clause 1, article 254 of the Tax Code of the Russian Federation, letter of the Ministry of Finance of Russia dated November 3, 2009 No. 03-11-06 /2/235) |
Expenses for cleaning services | Taken into account if it can be justified that cleaning services are of a production nature (subclause 5, clause 1, article 346.16, subclause 6, clause 1, article 254 of the Tax Code of the Russian Federation, letters of the Ministry of Finance of Russia dated April 13, 2011 No. 03-11 -06/2/53, dated November 3, 2009 No. 03-11-06/2/235) |
Publisher's expenses for payment for printing and distribution of periodicals (including when returning unsold printed products from the retail chain) | Are taken into account as expenses for payment for production services (subclause 5, clause 1, article 346.16, subclause 6, clause 1, article 254 of the Tax Code of the Russian Federation, letter of the Federal Tax Service of Russia for Moscow dated September 14, 2010 No. 16-15/105637 ) |
Expenses of recruitment agencies for payment of services for posting information about vacancies in the media | Taken into account if the organization justifies that the services for posting information about vacancies are of a production nature (subclause 5, clause 1, article 346.16, subclause 6, clause 1, article 254 of the Tax Code of the Russian Federation, letter of the Ministry of Finance of Russia dated August 16, 2012 No. 03 -11-06/2/111) |
Expenses of the lessor for the maintenance of the building transferred for temporary use | They are taken into account as part of material expenses as costs for the acquisition of work and services of a production nature, performed in-house or to third parties. Moreover, under the terms of the agreement, such costs must be borne by the lessor (subclause 5, clause 1, article 346.16, subclause 6, clause 1, article 254 of the Tax Code of the Russian Federation, letters of the Ministry of Finance of Russia dated June 10, 2015 No. 03-11-09 /33555, dated July 1, 2013 No. 03-11-06/2/24988) |
Equipment inspection costs | Taken into account as part of material expenses (subclause 5, clause 1, article 346.16 of the Tax Code of the Russian Federation, letter of the Ministry of Finance of Russia dated January 31, 2014 No. 03-11-06/2/3799) |
Printing costs | They are taken into account as part of material expenses as costs for the acquisition of work and services of a production nature, performed in-house or by third-party organizations (subclause 5, clause 1, article 346.16, subclause 6, clause 1, article 254 of the Tax Code of the Russian Federation) |
Costs for repairing ventilation and air conditioning systems in rented premises | They are taken into account as part of material expenses as costs for the acquisition of work and services of a production nature, performed in-house or by third-party organizations (subclause 5, clause 1, article 346.16, subclause 6, clause 1, article 254 of the Tax Code of the Russian Federation, letter of the Ministry of Finance of Russia dated February 15 2021 No. 03-11-06/2/8092) |
Taxes | |
Taxes, fees, insurance premiums paid by the company itself | Reduce the tax base on the date of transfer of funds to the budget. Expenses include the amounts actually paid (subclause 22, clause 1, article 346.16, subclause 3, clause 2, article 346.17 of the Tax Code of the Russian Federation) |
Taxes, fees, insurance premiums paid for the organization by third parties | They reduce the tax base on the date of repayment of the debt to the person who paid the tax (fee, insurance premium) for the organization. Expenses include only amounts actually paid (subclause 22, clause 1, article 346.16, subclause 3, clause 2, article 346.17 of the Tax Code of the Russian Federation) |
VAT paid to the budget by a tax agent: – when purchasing goods from a foreign organization that is not tax registered in Russia, – in case of return of these goods; – when transferring an advance towards future deliveries of goods (performance of work, provision of services) under an agreement with a foreign organization that is not tax registered in Russia, – in case of termination of the agreement and return of the advance | Chapter 26.2 of the Tax Code of the Russian Federation does not directly provide for such types of expenses. However, subparagraph 22 of paragraph 1 of Article 346.16 of the Tax Code of the Russian Federation establishes that expenses include the amounts of taxes paid in accordance with the legislation on taxes and fees (except for the single tax under simplification). The duties of a tax agent of organizations applying the simplified tax regime are performed in accordance with paragraph 5 of Article 346.11 of the Tax Code of the Russian Federation. The right to recognize these expenses when calculating the single tax is provided for in paragraph 7 of Article 170 of the Tax Code of the Russian Federation |
Personal income tax withheld from employee salaries | It is taken into account as part of labor costs as the tax is transferred to the budget (subclause 1, clause 2, article 346.17 of the Tax Code of the Russian Federation, letter of the Ministry of Finance of Russia dated June 25, 2009 No. 03-11-09/225). For more information about this, see How to reflect income and expenses in the book of income and expenses when simplified |
Personal income tax withheld from the amount of interest paid to the lender - an individual | It is taken into account as part of the interest paid for the funds provided in the manner prescribed by Article 269 of the Tax Code of the Russian Federation (subclause 9, clause 1, clause 2, article 346.16 of the Tax Code of the Russian Federation, letter of the Ministry of Finance of Russia dated February 13, 2009 No. 03-11 -06/2/27). Interest paid is included in expenses on the basis of subclause 9 of clause 1 of Article 346.16 of the Tax Code of the Russian Federation together with personal income tax, the amount of which the organization withholds and transfers to the budget |
Taxes paid abroad under foreign tax laws | Chapter 26.2 of the Tax Code of the Russian Federation does not directly provide for such types of expenses. However, subparagraph 22 of paragraph 1 of Article 346.16 of the Tax Code of the Russian Federation establishes that expenses include the amounts of taxes paid in accordance with the legislation on taxes and fees (except for the single tax under simplification). The clause on the tax legislation of the Russian Federation has been excluded from this norm since 2013 (subparagraph “b”, paragraph 13, article 2 of the Law of June 25, 2012 No. 94-FZ) |
Labor costs | |
Prizes for professional excellence, high achievements in work and other similar indicators (in particular, bonuses paid in connection with the awarding of honorary professional badges, conferment of honorary professional titles) | Taken into account as part of labor costs (subclause 6, clause 1, clause 2, article 346.16, article 255 of the Tax Code of the Russian Federation, letter of the Ministry of Finance of Russia dated August 16, 2010 No. 03-11-06/2/127) |
Additional payment to sick leave up to actual average earnings | Additional payments to sick leave benefits up to the actual average earnings can be taken into account as part of labor costs if they are provided for by labor and (or) collective agreements (subclause 6, clause 1, clause 2, article 346.16, article 255 of the Tax Code of the Russian Federation, letter from the Ministry of Finance Russia dated December 23, 2009 No. 03-03-05/248). Despite the fact that the letter explains the procedure for accounting for such additional payments when calculating income tax, single tax payers can also be guided by these explanations when simplifying (Clause 2 of Article 346.16, Article 255 of the Tax Code of the Russian Federation) |
Alimony withheld from employee income | They are taken into account as part of labor costs as alimony is transferred to recipients (subclause 1, clause 2, Article 346.17 of the Tax Code of the Russian Federation, letter of the Ministry of Finance of Russia dated June 25, 2009 No. 03-11-09/225). Labor costs during simplification are taken into account in the manner prescribed by Article 255 of the Tax Code of the Russian Federation (subclause 6, clause 1 and clause 2, article 346.16 of the Tax Code of the Russian Federation). Under this item, expenses reflect the entire accrued salary, which includes alimony that is subject to withholding. |
Contributions for voluntary personal insurance of employees in case of death or injury to health | They are taken into account as part of labor costs in the manner prescribed for calculating income tax (subclause 6, clause 1, clause 2, article 346.16, article 255 of the Tax Code of the Russian Federation). That is, if the insurance contract: – is concluded with an insurance organization that has a valid license; – provides payments only in the event of death or injury to the health of an employee. The maximum amount of insurance premiums, which reduces the tax base, is 15,000 rubles. per employee per year. Similar clarifications are in the letter of the Ministry of Finance of Russia dated March 21, 2011 No. 03-11-06/2/35 |
other expenses | |
Internet access costs | Are taken into account as part of the costs of communication services (subclause 18, clause 1, article 346.16 of the Tax Code of the Russian Federation, letters of the Ministry of Finance of Russia dated October 9, 2007 No. 03-11-04/2/250, dated April 2, 2007 No. 03-11 -04/2/79, dated March 27, 2006 No. 03-11-04/2/70, dated December 28, 2005 No. 03-11-04/2/163, dated December 15, 2005 No. 03- 11-04/2/151) |
Expenses of principals, principals, principals for the payment of intermediary fees | Remunerations actually paid (withheld by the intermediary from funds due to the principal (principal, principal)) are included in expenses as of the date of approval of the intermediary’s report (subclause 24, paragraph 1, article 346.16 of the Tax Code of the Russian Federation, letters of the Federal Tax Service of Russia for Moscow dated September 2, 2010 No. 20-14/2/092620, dated February 4, 2009 No. 20-14/009034) |
Expenses for the acquisition of accounting computer programs, electronic reference and legal (information) systems and databases, as well as expenses for their maintenance and updating | Taken into account on the basis of subparagraph 19 of paragraph 1 of Article 346.16 of the Tax Code of the Russian Federation (letters of the Ministry of Finance of Russia dated January 19, 2021 No. 03-11-06/2/1520, dated March 21, 2013 No. 03-11-06/2/8830 and Federal Tax Service of Russia dated October 14, 2011 No. ED-4-3/17020) |
Expenses associated with the repayment of loans (for example, payment of interest) on the obligations of the acquired organization (after reorganization in the form of merger) | Taken into account in accordance with subparagraph 9 of paragraph 1 of Article 346.16 of the Tax Code of the Russian Federation. The basis is Article 58 of the Civil Code of the Russian Federation, according to which during reorganization in the form of merger with the organization, all rights and obligations of the affiliated organization are transferred (letter of the Ministry of Finance of Russia dated June 7, 2010 No. 03-11-06/2/90) |
Expenses for paying for banking services using the Client-Bank system | Taken into account on the basis of subparagraph 9 of paragraph 1 of Article 346.16 of the Tax Code of the Russian Federation (letter of the Ministry of Finance of Russia dated April 21, 2014 No. 03-11-06/2/18229) |
Expenses for paying bank commissions for performing the functions of a currency control agent | Taken into account on the basis of subparagraph 9 of paragraph 1 of Article 346.16 of the Tax Code of the Russian Federation (letter of the Ministry of Finance of Russia dated April 21, 2014 No. 03-11-06/2/18229) |
Costs of paying a commission to a credit institution for issuing certificates as part of a banking operation | Taken into account on the basis of subparagraph 9 of paragraph 1 of Article 346.16 of the Tax Code of the Russian Federation |
Costs for civil liability insurance of owners of hazardous facilities listed in Article 5 of Law No. 225-FZ of July 27, 2010 | Taken into account in accordance with subparagraph 7 of paragraph 1 of Article 346.16 of the Tax Code of the Russian Federation (letter of the Ministry of Finance of Russia dated March 12, 2012 No. 03-11-06/2/41) |
Costs of paying for mandatory inspection control of the organization’s quality management certification system | Taken into account on the basis of subparagraph 26 of paragraph 1 of Article 346.16 of the Tax Code of the Russian Federation (letter of the Ministry of Finance of Russia dated January 31, 2014 No. 03-11-06/2/3799) |
Expenses for accounting, auditing and legal services (including legal services related to obtaining a license) | Taken into account on the basis of subparagraph 15 of paragraph 1 of Article 346.16 of the Tax Code of the Russian Federation (letter of the Ministry of Finance of Russia dated July 16, 2010 No. 03-11-06/2/112, Federal Tax Service of Russia for Moscow dated January 22, 2010 No. 16-15/ 005297) |
Costs of paying for the services of specialized organizations for conducting examinations, surveys, issuing opinions and submitting other documents, the presence of which is mandatory for obtaining a license | Taken into account on the basis of subparagraph 30 of paragraph 1 of Article 346.16 of the Tax Code of the Russian Federation |
Lawyer's fees. For example, if a lawyer is hired to represent the interests of an organization in a legal dispute with the tax inspectorate | Taken into account on the basis of subparagraph 15 or subparagraph 31 of paragraph 1 of Article 346.16 of the Tax Code of the Russian Federation |
Expenses for removal of solid waste | Taken into account on the basis of subparagraph 36 of paragraph 1 of Article 346.16 of the Tax Code of the Russian Federation |
Payments under licensing agreements for the granted right to publicly display (demonstrate) films (“rental fees”) | Taken into account on the basis of subparagraph 32 of paragraph 1 of Article 346.16 of the Tax Code of the Russian Federation (letter of the Ministry of Finance of Russia dated March 11, 2013 No. 03-11-06/2/7122) |
Expenses for the purchase of cash register equipment (including online cash register systems), as well as expenses for payment of operator services for processing fiscal data | Taken into account on the basis of subparagraphs 18 and 35 of paragraph 1 of Article 346.16 of the Tax Code of the Russian Federation (letter of the Ministry of Finance of Russia dated December 9, 2016 No. 03-11-06/2/73772) |
Questions that arise ↑
In the process of transition to the simplified tax system and working under this taxation regime, a large number of different questions arise.
This applies to material expenses, advances, as well as a large number of other, no less important points.
Reflection of financial assistance
Financial assistance should also be displayed when maintaining accounting records. This is done as follows:
Postings | Description |
DB-84, Kr-73 | Accrual of financial assistance to an employee (funds are obtained from undistributed income) |
DB-91.2 Kr-73 | Financial assistance is calculated from income received in the current year |
Upon transfer to production
It is very important to remember that the entire amount of material expenses for the current month must necessarily be reduced by all production inventories that are transferred directly to production.
Find out how accounting for individual entrepreneurs is carried out under the simplified tax system from the article: accounting for individual entrepreneurs using the simplified tax system. How to keep accounting records for an LLC under the simplified tax system, read here.
Basics of the simplified taxation system, see here.
You should not forget to carry out this operation, as otherwise it may entail considerable fines and a desk audit.
If a scientific conference is organized
Many companies organize scientific conferences and all kinds of seminars. In this case, all funds spent on such events are taken into account as “material expenses”.
Very often, tax services make claims in this regard on the basis of clause 4 of Article No. 264 and Article No. 252 of the Tax Code of the Russian Federation. But judges in most cases remain on the side of taxpayers.
What expenses cannot be taken into account?
It may also be useful for an accountant to become familiar with the breakdown of expenses that cannot be taken into account when calculating the simplified tax system “income minus expenses.” Let us summarize in the table the list of expenses that, as of 2021, are of a controversial nature. Or if the position of the Russian Ministry of Finance, the Federal Tax Service was expressed on this issue, or a court decision was made.
What expenses cannot be taken into account under the simplified tax system in 2021? |
Fixed assets and intangible assets |
Expenses in the form of the residual value of fixed assets received during the reorganization (merger, spin-off) |
Expenses for technological connection to existing electrical networks (purchase of additional energy capacity) |
Expenses in the form of the cost of fixed assets received as a contribution to the authorized capital |
Expenses for the acquisition of land under the acquired building |
Costs associated with state registration of a license agreement for the acquisition of rights to trademarks |
Expenses for acquiring the right to claim real estate |
Payment of bonuses to employees for holidays, anniversaries and memorable dates |
Payment for accommodation (at the place of study) and payment of daily allowances to an employee undergoing training under a continuing education program |
Costs for food rations for crews of sea, air and river vessels |
Third-party company services |
Expenses for payment for organization management services |
Expenses for the acquisition of transport and other documents necessary for transportation (for example, permission to travel through the territory of another state, other documents necessary for transportation, etc.) |
Expenses for preparing documentation related to participation in competitive bidding |
Expenses for services for cleaning and removal of snow from the adjacent territory, expenses for landscaping the territory |
Costs of attracting personnel under outsourcing agreements |
Costs associated with personnel selection (including costs of paying for the services of recruitment agencies or costs of posting information about vacancies in the media) by organizations whose activities are not related to personnel selection services |
Expenses for payment for services of a third party organization for maintaining personnel records |
Consulting fees |
Expenses for participation in seminars and conferences |
Expenses for paying for the services of a third party to find clients (buyers) |
Insurance costs |
Costs of insuring property pledged as collateral |
Insurance costs for rented municipal premises |
Expenses associated with the acquisition of securities |
The cost of securities contributed by the founder as a contribution to the authorized capital |
Book value of acquired shares classified as long-term financial investments upon their sale (shares are not traded on the organized securities market) |
Expenses for the acquisition of a share in the authorized capital of another organization |
other expenses |
Losses from theft and shortages in the absence of perpetrators |
Entry fees for non-profit organizations |
Payment of funds to the bank for the acquisition of the right of claim from the debtor organization under the loan agreement |
Expenses for the acquisition of property rights |
Payment for the right to install and operate an advertising structure |
Expenses for acquiring the right to conclude a lease agreement |
Expenses of a landlord who rents out his own residential premises for the maintenance of the common property of the homeowners' association |
The amount of VAT charged to the buyer and paid to the budget |
Costs of transferring a security deposit (for example, as security for obligations under a lease agreement) |
Fines, penalties, penalties and (or) other sanctions paid to counterparties for violation of contractual obligations |
Costs for services for maintaining and storing the register of owners of registered securities |
Expenses for sponsorship, charity |
Penalty that the carrier (transport agency) withholds when returning a ticket due to a postponement or cancellation of a business trip |
The cost of a ticket that was not used and was not returned to the carrier if the deadline was postponed or the business trip was canceled |
Costs for delivery and packaging of unsold goods, including unclaimed goods in online trading |
Disputed expenses |
Expenses for repairs of incompletely paid fixed assets |
Costs associated with subscriptions to periodicals (magazines, newspapers, etc.) |
Costs for photocopying documents |
Expenses for market research conducted by a third party |
Reduction of income from the sale of fixed assets by their residual value |
Expenses for repairs of rented premises owned by a citizen who is not an entrepreneur |
Compensation for employee expenses related to the traveling nature of his work |
Entrepreneur's expenses for travel related to doing business (business trips) |
Waste disposal costs |
Read also
30.09.2016
Keeping records of materials (postings) ↑
Materials are displayed in accounting in different ways. It all depends on the payment method, as well as other important points. Postings for accounting for supplies of materials with payment upon receipt:
Dt/Kt | Wiring Description | Transaction amount | A document base |
10/60.01 | Receipt from the supplier is reflected | Full price, VAT not included | Invoice, goods |
Postings for accounting for prepaid materials:
Dt/Kt | Wiring Description | Transaction amount | A document base |
60.02/51 | Advance payment to the seller | Advance amount | Invoice, goods |
Reflection of receipt of materials from persons, carried out according to the usual scheme:
Dt/Kt | Wiring Description | Transaction amount | A document base |
71/50.01 | Reflection of the issuance of money from the cash register to the seller | Cash issued on account | Cash order, expense |
There are various nuances depending on the type of materials and other aspects of costs.