7 июня 2019
Екатерина Уцына
marrishuannna / Depositphotos.com
Сегодня был опубликован Федеральный закон от 6 июня 2019 года № 137-ФЗ «О внесении изменений в статью 251 части второй Налогового кодекса Российской Федерации» (далее – Закон)1. Вступает он в силу по истечении 1 месяца со дня официального опубликования, но не ранее 1-го числа очередного налогового периода по налогу на прибыль, то есть с 1 января 2020 года.
Законом установлено, что при определении налоговой базы теперь не будут учитываться следующие виды доходов специализированных некоммерческих организаций, которые осуществляют деятельность, направленную на обеспечение проведения капитального ремонта общего имущества многоквартирных домов в виде процентов, которые начисляются за пользование денежными средствами, находящимися на:
специальных счетах вышеуказанных организаций; счетах, по которым осуществляется формирование фондов капитального ремонта; счетах, по которым осуществляется формирование доходов вышеуказанных специализированных некоммерческих организаций, полученные от размещения средств фонда капитального ремонта имущества многоквартирных домов (подп. 14 п. 1 ст. 251 НК РФ).
Ранее Минфин России не раз давал разъяснения по вопросам учета вышеуказанных доходов для целей налога на прибыль. Однако, в большинстве случаев решение было не в пользу налогоплательщиков, ведь в НК РФ не было предусмотрено соответствующих норм. До вступления в силу настоящего закона по-прежнему придется уплачивать налог с вышеупомянутых процентов.
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1 С текстом Федерального закона от 6 июня 2019 г. № 137-ФЗ «О внесении изменений в статью 251 части второй Налогового кодекса Российской Федерации» можно ознакомиться на официальном портале правовой информации (номер опубликования: 0001201906070007 ).
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