Real Estate Tax will be Increased since January 1, 2015

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Real Estate Tax will be Increased since January 1, 2015

The coming year prognosticates increase in real estate tax connected with the changes in the Tax code coming into force on the 1st of January, 2015.

These changes are mentioned in the Federal law №284-FL dated by 04.10.2014 "About making changes in articles 12 and 85of part one and in part two of the Tax code of the Russian Federation and declaring the law of the Russian Federation "About personal property tax" null and void. (further - Federal law №284-FL)

The law introduces a new chapter regulating the tax on personal property. Let's review some innovations suggested by the Federal law №284-FL:

The Object of Taxation.

The object of taxation is:

  1. a dwelling house;
  2. living quarters (a flat, a room);
  3. a garage, a car parking place;
  4. a unified real estate complex;
  5. an object under construction;
  6. any other building, construction, premises.

It should be noted that the property of a block of flats is not considered to be the object of taxation.

The Tax Base.

The tax base in relation to objects of taxation is determined on the basis of their cadastral cost, but the order of determination of the tax base can be established by the normative acts of the subjects of the Russian Federation and of the federal cities after the results of the determination of the cadastral cost of the real estate objects being confirmed by the subject of the RF according to the established order. In other cases the tax base will be determined on the basis of the inventory cost of the objects of property.

In determination of the tax base definite deductions are provided, they are:

  • the tax base regarding a flat is determined as its cadastral cost reduced by the amount of the cadastral cost of 20 square meters of the total apartment area.
  • the tax base regarding a room is determined as its cadastral cost reduced by the amount of the cadastral cost of 10 square meters of the total room area.
  • the tax base regarding a house is determined as its cadastral cost reduced by the amount of the cadastral cost of 50 square meters of the total house area.
  • the tax base regarding a unified real estate complex including at least one dwelling area (a dwelling house) is determined as its cadastral cost reduced by one million rubles, at the same time these tax deductions can be increased by tax acts of the subject of the Russian Federation, Federal cities.

Tax Rates.

Tax rates are established by the normative acts of the subjects of the Russian Federation and Federal cities at the rate not higher than:

1) 0,1% - regarding:

- houses, dwelling apartments;

- objects under construction in cases if their project assignment is a dwelling house;

- unified real estate complexes including at least one dwelling area (a dwelling house);

- garages and car parking places;

- household buildings and constructions each with the total area not more than 50 square meters and located on land spots provided for horticulture, gardening, country farming and individual housing.

2) 2% - regarding:

- administrative and business centers, shopping centers(molls) and areas in them;

- nonresidential premises, the function of which according to the cadastral passport of the property or the technical Registry document (inventory) allows allocation of offices, shopping facilities, public catering and consumer service facilities or if they are really used for allocation of offices, shopping facilities, public catering and consumer service facilities;

- real estate objects of foreign organizations without any activities through permanent Missions, real estate objects of foreign organizations not related to activities of these organizations in the Russian Federation through permanent Missions;

- dwelling houses and apartments not taken into account on the balance sheet as objects of the fixed assets in the form accepted in Accountancy,

wherein the list of the enumerated objects must be made not later than the 1st date of the next taxable period by the authorized tax body in accordance with Article 378.2 of the Tax Code of the RF

3) 0,5% - regarding other objects of taxation.

Tax rates in the amount of 0,1% and 2% can be reduced up to zero or raised, but not more than three times, by the normative legal acts of the authorities of the subjects of the Russian Federation, Federal cities.

The law provides tax incentives for certain group of people, including pensioners. Tax incentives concern the following objects of taxation:

- a flat or a room;

- a house;

- an apartment or a construction organized and used only as creative workshops, ateliers, studios and also those used to organize non-state museums, galleries, libraries open for visitors;

- a household construction or structure with the area of each not more than 50 square meters and which is located on the land spots provided for private subsidiary farming, horticulture, gardening or housing;

- garages or car parking places,

wherein a tax incentive is provided concerning only one object of each type owned by a taxpayer and not used by the taxpayer in business.

The law provides a certain transitional period of 4 years to make the burden of taxpaying easier.

During the transitional period the tax will be charged on a certain formula, providing reduction factors.

Thus, since the 1st of January, 2015 increasing of the size of the real estate tax for individuals is expected and it will constantly increase during four years.

Innovations concerning tax on real estate will influence legal entities using Simplified Tax System (STS) and Single Tax on Imputed Income (STII).

Since January 1, 2015the Federal law dated by 02. 04. 2014 N 52-FL"About the changes in the first and the second part of the Tax Code of the Russian Federation and some legislative acts of the Russian Federation " comes into force, in accordance with which organizations using Simplified Tax System and Single Tax on Imputed Income system(further - STII) will be considered taxpayers on real estate of an organization the taxable base of which is established on the basis of its cadastral cost.

Individual businessmen using Simplified Tax System and STII system are supposed not to pay a property tax concerning the property used for business activities.

It's necessary to mention that the tax base is counted on the basis of the cadastral cost of real estate concerning only:

- administrative and business centers, shopping centers(molls) and areas in them;

- nonresidential premises, the function of which according to the cadastral passport of the property or the technical Registry document (inventory) allows allocation of offices, shopping facilities, public catering and consumer service facilities or if they are really used for allocation of offices, shopping facilities, public catering and consumer service facilities;

- real estate objects of foreign organizations without any activities through permanent Missions, real estate objects of foreign organizations not related to activities of these organizations in the Russian Federation through permanent Missions.

Thus, organizations using Simplified Tax System and STII system should also take into account the coming duty to pay the real estate tax.

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