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On
Russia sent the subordinate tax authorities exercising
administration of the land tax, to account for in the work letter
with reference to the decision of the constitutional Court of the Russian Federation of 8
November No. 2725-On (letter FNS of Russia from December 17, 2018 No.
BS-4-21/24467@ "On taxation of country commercial land
organization"). According to the document, the taxpayer may be
exempt from accrual of penalties and fines, if he followed the explanations
authorities on matters within their competence.
Tax
on, after the tax inspection, assessed that legal entities
taxes, penalties, fines, including land tax. Society
appealed the decision of the tax authority to court, believing that the implementation of the
written explanations on the procedure of calculation and payment of tax, data
financial body of local self-government, in any case frees
taxpayer from accruing fines and penalties on this tax
the basis of paragraph 8 of article 75, sub. 3 clause 1 article 111 of the Tax code. [Newline] the opinion of the legal person, the explanations implied that he owned the land
plots with the permitted use of "holiday economy" ("
country construction") are taxed at a reduced rate of land
tax of 0.3% (abs. 4 signature. 1 clause 1 of article 394 of the tax code).
the constitutional court noted,
the financial authorities of municipalities can only give
clarification of the regulatory legal acts of the relevant
level. But not touching the issues that are reflected in the tax code and
the law of the subject of Federation. The local authorities
can set the tax rate land tax,
in respect of land acquired (provided)
for personal subsidiary farming, livestock or vegetable gardening,
gardening, a country economy. However, these bodies do not have the right to
to determine the conditions for the designation of land to the said
category and to clarify which areas are considered to be acquired
(provided) for country economy. At this reduced rate,
provided podp. 1 clause 1 of article 394 of the tax code can only be applied
by individuals and non-profit organizations, and commercial it is not
apply. This is confirmed by judicial practice.
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