The Ministry of Finance of Russia has explained certain questions of changing of the procedure for calculation of advanced payments on the tax on profit of organizations being subject for payment for fourth quarter 2008
Let us remember that in accordance
with
article 3 of aforesaid Act the right is granted to taxpayers,
who have calculated advanced payments of the tax on profit of
organizations under results of financial periods (first quarter,
half year, 9 months) with payment of monthly advanced payments
during financial periods, to change to procedure for calculation
of advanced payments being subject for payment for forth quarter
2008.
In
the Letter N 03-03-05/166 of December 11, 2008, the Ministry
of Finance of Russia has specified in particular that possibility
of change the order of calculation of advanced payments on the
tax on profit of organizations in November 2008 is stipulated
by the fact of submission by a taxpayer of notification about
such change on the period of 11.28.2008. Applications (notifications)
submitting later of aforesaid period from taxpayers about recalculation
of advanced payment based on actual profit for 10 months 2008
shall not be satisfied.
There is noticed that not use
of the right to change the order of calculation of advanced
payments on the period of 11.28.2008 does not deny his right
to use with considered order on following period of 12.28.2008.
So there is noticed, that the taxpayer calculating advanced
payments in 4 quarter 2008 in accordance with
the Federal Act N 224-FZ in general procedure may to make
the decision about application from 2009 the system of settlements
with budget on the tax on profit of organizations with payments
of monthly advanced payments based on actually received profit
in order provided by
article 286 of the RF Tax Code.
If the taxpayer has
not submitted the notification about transfer from January 1,
2009 to the system of the monthly settlements with budget
on the tax on profit of organizations basing on actually received
profit up to December 31, 2008, so he is considered as made
decision not to change in 2009 the system of calculation of
advanced payments on the tax on profit with payment of monthly
advanced payments during financial periods using from the beginning
of 2008.
