The procedure for exemption from payment of value added tax is quite simple. However, it is important to correctly form the package of documents submitted to the tax service.
An application for exemption from VAT is submitted to the tax office at the place of registration of the organization or individual entrepreneur no later than the 20th day of the month in which the grounds for exemption and the taxpayer's desire to receive it appeared.
Attached to the application:
- notification in the form approved by the order of the Ministry of Taxes and Duties of Russia dated 04.07.2002. No. BG-3-03 / 342;
- extract from the balance sheet, if the applicant is an organization;
- an extract from the ledger of income and expenses and business transactions, if the applicant is an individual entrepreneur;
- extract from the sales book;
- a copy of the journal of received and issued invoices or a list of invoices with copies of the invoices themselves (since January 1, 2015, the requirement to provide this document has been canceled).
These documents are provided in any form, however, the amount of proceeds for the last three months should be visible from them. Instead of a balance sheet, it is fashionable to provide a statement of financial results (previously it was called a profit and loss statement). An extract from the books can be issued in the form of a certificate signed by the chief accountant.
The application can be submitted in person or sent by mail, but no later than six days before the deadline for submission of the application (20th day of the month). That is, for example, if an entrepreneur stopped paying VAT from May 1, then a notification with documents must be submitted to the tax office no later than May 20 or sent by mail no later than May 10.
At the same time, the legislation does not provide for the consequences of missing the deadline for filing a notification, therefore, violation of these deadlines cannot become a reason for refusing to exempt from VAT.
On such a statement, the tax office does not make any decisions, because the exemption is of a notification nature. But after sending the application and all the documents to the utmost, the organization or individual entrepreneur will not be able to refuse the exemption - it will be valid for the next 12 months.
The VAT exemption is terminated automatically if the revenue for three months exceeds RUB 2 million. or, if the enterprise starts dealing with excisable goods or ceases to keep separate records of excisable and non-excisable goods. In this case, the right to exemption is lost from the 1st day of the month in which the specified excess occurred or excisable goods were sold.
