Bank taxation. Income tax in banks Income tax on bank capital

General characteristics of the approach to taxation of banks

The banking sector, by virtue of the funds accumulated by it and the volume of transactions performed, plays a significant role in the tax system of the Russian Federation. The existence of a market economy is largely determined by the existence of a viable banking sector. Banking institutions have been granted a certain status in the tax administration system. Also, banks are for the most part the largest taxpayers, providing a significant amount of tax payments.

Remark 1

Tax legislation does not provide for any special taxes payable only by credit institutions. Credit institutions are recognized as taxpayers along with other economic entities.

However, due to the specifics of banking services, tax legislation in some cases provides for excellent provisions for the calculation of individual taxes for the banking sector.

Special procedure for calculating corporate income tax in the banking sector

For the purpose of calculating income tax, bank income is regulated in the general manner by articles 249-250 of the Tax Code of the Russian Federation and, in a special procedure, article 290, the following types of bank income are subject to taxation:

• interest received by the bank from the placement of funds and the provision of loans;
• income in the form of payment for settlement and cash services for bank customers, including commissions;
• income from collection;
• income from operations with foreign currency in cash and non-cash forms;
• income from operations with precious metals and stones, defined as the difference between sale prices and book value;
• income from the provision of bank guarantees, guarantees and avals in cash;
• positive difference between the amount of funds received upon termination or assignment of the right to claim and its book value;
• income from depository operations;
• income from the rental of premises and safes used for the purpose of storing valuables.

Excluded from the taxable income of banks are: positive revaluation of foreign currency contributed as a contribution to the authorized capital of the bank, payments received under the borrower's death or disability insurance contracts.

Bank expenses for profit taxation purposes are determined in the general manner in accordance with Articles 254-269 of the Tax Code of the Russian Federation, in a special procedure in accordance with Article 291.

Thus, the expenses associated with the implementation of banking activities include interest expenses on attracted funds of the bank (including customer deposit accounts); debt obligations of the bank (bonds, deposit and savings certificates, etc.); loans received from other banks; acquired refinancing loans; deposits, deposits and loans in precious metals; other obligations.

A special procedure for determining the bank's expenses for tax purposes is provided for the expenses for the formation of reserves for possible losses on loans. The procedure for deductions to such reserves is determined by the Central Bank of Russia; for tax purposes, a number of restrictions are established on the acceptance of these deductions as expenses. Thus, they are not recognized as expenses of deductions to reserves for standard debt of banks and bills of exchange, except for protested overdue bills of third parties.

Expenses for the formation of reserves are classified as non-operating, the amounts of unused reserves can be carried over to the next tax periods with the adjustment of newly created reserves by their amount.

Also, the bank's expenses include commissions for correspondent services, expenses on operations with foreign currency, precious metals and stones (the difference between the sale and book value), expenses associated with the storage, transportation, quality control of precious stones and metals, with the transfer of pensions, benefits, expenses for payment and settlement facilities, their manufacture and implementation, expenses for collection, repair and restoration of collection facilities (bags, sacks, other inventory), rental payments for brokerage places, vehicles for collection, forfaiting and factoring operations, for deposit insurance individuals and other bank expenses.

Remark 2

The negative revaluation of foreign currency received as a contribution to the authorized capital of the bank is excluded from the bank's taxable expenses.

Features of the calculation of value added tax by banks

Some banking operations are exempt from value added tax in accordance with the provisions of Article 149 of the Tax Code of the Russian Federation.

Not subject to value added tax:

• firstly, funds attracted in deposits from individuals and legal entities;
• secondly, funds of individuals and legal entities placed on behalf of the bank and at its expense;
• thirdly, operations for opening and maintaining bank accounts of individuals and legal entities, including bank cards;
• fourthly, operations for the implementation of settlements on bank accounts according to the instructions of individuals and legal entities, as well as correspondent banks;
• fifthly, operations of cash services for individuals and legal entities;
• sixth, operations related to the purchase and sale of foreign currencies;
• seventh, operations with precious stones and metals;
• eighth, operations for the execution of bank guarantees, including the issuance of guarantees and services of the "bank-client" system.

Remark 3

Also, banking operations that do not require a license from the Central Bank of Russia, and operations of organizations providing various types of support (information, technical) for participants in settlements are also exempt from taxation with value added tax.

On the income of banks is a payment that is subject to payment by credit institutions for the implementation of various kinds of financial transactions. The obligation to pay it arises for all commercial banks that have received the appropriate license, special financial institutions created to accumulate funds for the implementation of various programs of local, regional and federal significance. Credit institutions that are fully or partially financed from abroad are classified as taxpayers. Only the Central Bank, its branches and separate subdivisions are exempted from paying the fee.

What income is subject to mandatory taxation?

According to the law, tax is charged on such things as:

• interest received for the use of borrowed funds;
• other payments received under loan agreements;
• commission for the provision of various kinds of financial services to organizations, including correspondent relations;
• income from transactions with the currency of foreign states;
• funds received as a result of leasing or factoring operations;
• received from clients to cover telegraphic, postal and other expenses;
• payments for past reporting periods;
• funds returned by customers (interest and commission), which were mistakenly paid by the bank in previous reporting periods;
• commission from the population for the provision of certain services;
• income from collection activities;
• interest and dividends from bonds, shares;
• income from the increase in the value of assets owned by the bank;
• income from participation in the work of other organizations.

Types of income that are not included in the tax base

Certain payments received by banking institutions are not included in the tax base. These include the following categories of income:

• interest on loans that were issued to government agencies, the Central Bank or under their guarantee;
• dividends from government bonds;
• commissions received for the placement of government securities.

The taxable base can also be reduced at the expense of the cost of maintaining nursing homes, kindergartens, holiday camps, and educational institutions. But they should be on the balance sheet of the bank, and the amount of funds allocated for their maintenance should not exceed the standards established by local authorities. Funds directed to charitable purposes, if their amount does not exceed one percent of the tax base, are also not subject to taxation.

Bank - an organization engaged in banking operations, including accepting deposits at interest, lending, transferring funds, interbank transfers, etc. Banking and credit organizations are also required to pay taxes, one of them is income tax. The law establishes a number of features of the taxation of bank profits.

Tax rate for banking organizations

Features of taxation for bank profits are determined by the tax legislation of the Russian Federation, in accordance with which:

1. The tax base for banks will be profit calculated in monetary terms (rubles, foreign currency, etc.). At the same time, if the bank did not receive any income for itself or received only losses, then the profit in the past tax period will be equal to zero.
2. The rate will be equal to 20%. For certain categories of banking organizations, this rate may be lowered (for example, for participants in a special economic zone).

If we talk about the distribution between the federal and local budgets, then only 2% of the amount of this tax goes to the state treasury, the rest goes to the constituent entities of the Russian Federation.

How to determine the income and expenses of the bank?

1. Profit from the sale of services.
2. Profit received outside the sale (participation, the difference in the exchange rate, rental of property, etc.).
3. Interest received on loans and borrowings.
4. Payment by customers for bank services (for example, maintaining an account, conducting banking operations).
5. Profit from collection and settlement services.
6. Profit from the sale of precious metals, coins.
7. Profit from the sale of securities.
8. Commission fees.
9. Other income related to the activities of banks.

How to correctly determine the costs of the bank?

In addition to the main expenses that are taxable for all legal entities (material expenses, payment expenses, depreciation, etc.), the bank's expenses should include:

1. Interest on deposits.
2. Amounts going to the reserve fund.
3. Various kinds of commissions for servicing the activities of the bank (for example, for settlement services by the Central Bank).
4. Losses in currency conversion.
5. Losses in the sale or purchase of coins, precious metals, securities.
6. Security and storage costs for money, metals, etc.
7. The money that goes to the production of cards, certificates, savings books.
8. Other expenses required by law to carry out the activities of banking organizations.

The law also provides for expenses that are not taken into account. These include expenses that were made during the revaluation of funds in foreign currency, contributed to the start-up capital of legal entities engaged in lending.

Income tax is the most important tax paid by banks and other credit institutions. Its calculation is based on the general provisions of legislative and instructive documents on the procedure for determining the tax base for calculating income tax. However, the specifics of the activities of commercial banks and credit institutions, as well as the peculiarities of the organization of accounting in these institutions, led to the peculiarities of determining both income and expenses taken into account when calculating the tax base for income tax by banks and credit institutions.

Income tax payers are:

Commercial banks of various organizational and legal forms, including banks with the participation of foreign capital, which have received a license from the Central Bank of the Russian Federation;
branches of foreign non-resident banks that have received a license from the Central Bank of the Russian Federation to conduct banking operations in the territory of the Russian Federation;
Bank for Foreign Trade of the Russian Federation;
credit institutions that have received a license from the Central Bank of the Russian Federation to carry out certain banking operations.
The Central Bank of the Russian Federation and its institutions are also payers of income tax.

Determining the object of taxation for income tax in credit institutions, including banks, as a whole does not differ from the usual approach. The object of taxation is the profit received by the taxpayer, which is understood as the income received, reduced by the amount of expenses recognized for taxation purposes. However, the composition of income and expenses, and in some cases the procedure for determining their cost equivalent (tax base) has the features established by Art. 290 of the Tax Code of the Russian Federation "Peculiarities of determining the income of banks" and Art. 291 of the Tax Code of the Russian Federation "Features of determining the costs of banks." The division of income and expenses into income and expenses associated with the sale of products (works, services), and non-operating income and expenses is carried out in a general manner.

Accounting for settlements with the budget for income tax.

When calculating taxes, the tax period is a calendar year. Reporting period - I quarter, every year, 9 months.

The general income tax rate is 20%, including 2% to the Federal budget and 18% to the budgets of the constituent entities of the Russian Federation.

Accrual of income tax, including advance payments:

Dt 70611 "Income Tax" (A)

Transfer of income tax and advance payments:

Dt 60301 "Calculations for taxes and fees" (P)

Kt 30102 "Correspondent accounts of credit institutions with the Bank of Russia" (A)

Based on the results of each reporting (tax) period, taxpayers calculate the amount of the advance payment. In addition, during the reporting period, taxpayers calculate the amount of the monthly advance payment.

The amount of the monthly advance payment is assumed to be equal to the amounts of monthly advance payments in the relevant previous tax periods provided for by the Tax Code of the Russian Federation.

If, as a result of calculations, the amount of the monthly advance payment is negative or equal to zero, these payments are not made in the corresponding quarter.

Taxpayers also have the right to calculate monthly advance payments on the basis of actually received taxable profit. In this case, the amounts are calculated on the basis of the tax rate and the actual profit received, calculated on an accrual basis from the beginning of the tax period to the end of the corresponding month.

In this case, the amount of advance payments payable to the budget is determined taking into account the previously accrued amounts of advance payments. The taxpayer has the right to switch to paying monthly advance payments based on actual profit by notifying the tax authority no later than December 31 of the year preceding the tax period in which the transition to this system of paying advance payments takes place. At the same time, the system of advance payments cannot be changed by the taxpayer during the tax period.

Adjustment of the amount of income tax payable at the end of the reporting (tax) period is reflected in the entries

Additional tax assessment, as well as an additional payment to the budget, calculated on the basis of the amount of additional tax and advance payments, adjusted for the discount rate of the Central Bank of the Russian Federation for using a bank loan:

Dt 70611 "Income Tax" (A)

Kt 60301 "Calculations for taxes and fees" (P)

Overcharged (paid) income tax:

Dt 60302 "Calculations for taxes and fees" (A)

Kt 70611 "Income tax" (A)

The activities of banks are regulated by Federal Laws No. 86-FZ of July 10, 2002 "On the Central Bank of the Russian Federation (Bank of Russia)", No. 395-1 of December 2, 1990 "On Banks and Banking Activity", other federal laws, regulatory acts of the Bank of Russia.

A bank is a credit institution that simultaneously carries out three main banking operations:

• o attracting deposits of funds from individuals and legal entities;
• o placement of attracted funds on its own behalf and at its own expense on the terms of repayment, payment, urgency;
• o opening and maintaining bank accounts of individuals and legal entities.

The activity of a modern bank is not limited to the listed traditional operations. The bank performs a number of other operations: cash services for clients, collection of funds, placement of precious metals and stones, foreign exchange operations, issuance of bank guarantees, factoring, trust operations, operations with securities, etc.

To carry out banking activities, you must have an appropriate license.

Non-bank credit institutions include credit institutions that have the right to carry out certain banking operations provided for by the above-mentioned Law on Banks and Banking Activity.

All credit organizations are prohibited by law from engaging in production, trade and insurance activities.

The bank's income is made up of sales income and non-operating income in accordance with Art. 249, 250 of the Tax Code of the Russian Federation. Features of the calculation of income tax by banks are established by Art. 290-292 of the Tax Code of the Russian Federation and relate to the determination of income and expenses of banks, as well as expenses for the formation of reserves. In addition, the Tax Code of the Russian Federation provides for the specifics of taxation of income received from securities. Otherwise, banks are subject to the general income taxation regime, the main tax rate is applied. For banks, the corporate income tax return does not provide for any special forms.

payers income tax are commercial banks, including banks with foreign capital, licensed by the Bank of Russia, the Bank for Foreign Trade of the Russian Federation, as well as credit institutions that have received a license from the Bank of Russia to carry out certain banking operations.

Object of taxation banks are recognized received by the share of the bank profit. Profit is income reduced by the amount of expenses incurred. Income and expenses are determined according to the rules of tax accounting.

The income of the bank, taken into account in the taxation of profits. In addition to the generally established Art. 249, 250 of the Tax Code of the Russian Federation, the following specific income from banking activities is taken into account for tax purposes:

• - in the form of interest from the placement by the bank on its own behalf and at its own expense of funds, the provision of loans and borrowings;
• - in the form of a fee for opening and maintaining bank accounts of clients (including correspondent banks), making settlements on their behalf, including remuneration for transfer, collection, letter of credit and other operations;
• - in the form of remuneration for the issuance and maintenance of payment cards, for the provision of account statements and for the search for amounts;
• - income from the collection of cash, bills, payment and settlement documents, as well as cash services for customers;
• - Income from operations with foreign currency. These incomes include the positive difference between income and expenses from operations of sale and purchase of foreign currency. Also in the form of income are taken into account the remuneration received from operations on the purchase (sale) of foreign currency, from operations with currency values;
• - income from the sale and purchase of precious metals and stones in the form of the difference between the sale price and the book value, as well as in the form of fees for the transportation and storage of precious metals and stones. Precious metals include gold, silver, platinum and platinum group metals (palladium, iridium, rhodium, ruthenium, osmium). This list of precious metals can only be changed by law. Moreover, precious metals can be in any state and form (in the form of nuggets, in raw materials, alloys, semi-finished products, industrial products, coins, scrap and waste from production and consumption, chemical compounds, jewelry and other products). Precious stones are natural diamonds, emeralds, rubies, sapphires and alexandrites, as well as natural pearls in raw (natural) and processed form. Unique amber formations are equated to precious stones, in the manner established by the Government of the Russian Federation;
• - income from transactions for the provision of bank guarantees, guarantees for third parties, providing for execution in cash;
• - income in the form of a positive difference between the amount of funds received upon termination of the right to claim and the book value of this right to claim;
• - Income from depositary customer service;
• - Income from leasing specially equipped premises or safes for storing documents and valuables;
• - income from purchase and sale of collectible coins in the form of the difference between the sale price and the purchase price;
• - income in the form of amounts received by the bank on repaid loans, losses from the write-off of which were previously taken into account when forming the tax base;
• - income from forfeiting and factoring operations;
• - income from the provision of services related to the installation and operation of electronic document management systems between the bank and customers, including "Client - Bank" systems;
• - income in the form of the amounts of the restored reserve for possible losses on loans, as well as income in the form of the amounts of the restored reserves for depreciation of securities. All these amounts were previously taken into account by the bank as expenses when forming the tax base;
• - other income related to banking activities.