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Nalog Russian

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Налог на прибыль в Японии

Одной из отличительных черт налогообложения в Японии является преобладание прямых налогов, в число которых входит и налог на прибыль корпораций. Этот налог взимается с чистой прибыли. Если корпорация прекращает свою деятельность в результате слияния или роспуска, то подоходному налогообложению подлежит доход от ликвидации. Налогоплательщики самостоятельно заполняют налоговые декларации и одновременно с их подачей представляют в налоговые органы заявления о доходах и убытках. Ставки корпоративного подоходного налога остаются неизменными с 1991 года. К некоторым категориям юридических лиц применяются льготные ставки налога на прибыль.
¾ 28% - для предприятий мелкого и среднего бизнеса, прибыль которых не превышает 8 млн. иен;
¾ 27% - для кооперативов, общественных организаций, медицинских организаций.
Для остальных налогоплательщиков применяется ставка в размере 42%.
Японские исследователи налоговой проблематики обычно выделяют три группы субъектов, несущих бремя налога на прибыль корпораций: сами корпорации; те, кто предоставляет корпорациям капитал и «организаторские способности»; потребители товаров и услуг, соответственно производимых и оказываемых корпорациями. Налог на прибыль уплачивают все организации различных организационно-правовых форм (в том числе корпорации, кооперативы, государственные учреждения и т.п.), а также фонды и другие организации, ассоциации, фонды, не имеющие статуса юридического лица. От уплаты налога освобождены все государственные структуры (Кабинет министров, министерства и их агентства, муниципалитеты, префектуры и т.п.), а также государственные корпорации, учрежденные органами государственной власти и властями местного самоуправления, например Государственное агентство ипотечного кредитования, Фонд помощи студентам и т.д.

Формально в японском законодательстве в отношении плательщиков налога на прибыль не применяется понятие налогового резидента, хотя, по сути, оно используется. В отношении плательщиков налога на прибыль применяется деление на отечественные и иностранные организации. Отечественными считаются те организации, головной офис которых расположен на территории Японии. В данную категорию автоматически попадают все организации, зарегистрированные на территории Японии, поскольку по гражданскому законодательству они обязаны располагать головной офис в стране своей регистрации. Отечественные организации обязаны уплачивать налог со всех доходов, полученных вне зависимости от источника.

Иностранные организации (по сути, организации, не признаваемые резидентами для целей налогообложения) уплачивают налог только с доходов от источников в Японии.

Объектом обложения является прибыль, полученная в результате ежегодной деятельности налогоплательщика (далее - обычная прибыль); прибыль, образующаяся при ликвидации организации; балансовый остаток пенсионных фондов. Налоговая база рассчитывается отдельно по каждому виду прибыли.

Налогооблагаемая база по обычной прибыли представляет собой доходы налогоплательщика, уменьшенные на сумму расходов. Фактически это та прибыль, которая формируется в системе бухгалтерского учета, скорректированная для целей налогообложения.

Так, для целей налогообложения в доходы не включается прибыль от переоценки активов; возврат налога на прибыль и местных налогов; 50% (при определенных условиях - 100%) полученных дивидендов за вычетом части процентов, уплаченных по заемным средствам.

В качестве расходов для целей налогообложения не учитывается списание активов (за исключением отдельных случаев); капитальные расходы, которые продлевают срок полезного использования актива (так как они включаются в стоимость актива и списываются через амортизацию); нерегулярные поощрения и прочие бонусы сверх разумного предела генерального директора (председателя совета директоров) и т.д.

Налогооблагаемую базу снижают резервы, включаемые в расходы: по сомнительным долгам; на потери по возвратам товаров и т.д.

Налог взимается по следующим ставкам.

1. Обычная прибыль:

- организации с капиталом более 100 млн йен уплачивают налог по ставке 30%;

- для организаций с капиталом менее 100 млн йен действует пониженная ставка в размере 22% (18% на период с 2009 по 2011 г.) для годового дохода, не превышающего 8 млн йен; для дохода свыше 8 млн йен применяется стандартная ставка 30%.

2. Прибыль кооперативов и организаций, предоставляющих государственные услуги, облагается по ставке 22% (18% на период с 2009 по 2011 гг.).

3. Остаток на начало года по пенсионному фонду облагается по ставке 1% (применяется всеми организациями, занимающимися пенсионным страхованием).

После расчета налога его сумма может быть уменьшена на величину разрешенных налоговых кредитов, к которым относятся:

- налоги, уплаченные при выплате дивидендов, процентов и т.п.;

- налоги, уплаченные с доходов отечественной компании за рубежом.

Специальная налоговая ставка действует для доходов от прироста стоимости капитала - 10% (если период владения недвижимостью составил менее 5 лет) и 5% (в остальных случаях). Эта ставка является дополнительной (прибавляется) к основной ставке налога на прибыль.

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