Vegetable garden tax "

Vegetable garden tax

From now on, in order to sell an apple from your garden or potatoes from your garden, you will first need to register an individual entrepreneur and pay the state several thousand rubles. Let's figure out if this is so.

"Tax on the vegetable garden" has been signed: they will start collecting tribute in March, "several respected sites inform their readers at once.

The articles of the Tax Code of the Russian Federation mentioned in their materials regulate the issue of patent taxation. Now this bill has already been approved by the Federation Council and signed by the head of state. It will enter into force in March 2019. Representatives of the village administrations will start making rounds for the purpose of a census of farms. They will crawl around the site, describing each egg and each bush of potatoes. As for the unofficially selling villagers, they will be hunted by the police together with representatives of the controlling bodies of the Federal Tax Service. Most likely, such a tax will "hit" the villagers and pensioners, who often live off their subsidiary plots. " There are a lot of similar materials on the Internet. But how true are they?

When will the amendments to the Tax Code become effective?

Let's start with the fact that the draft law with amendments to the Tax Code does exist. And it is actually called No. 483530-7 “On Amendments to Articles 346-43 and 346-45 of Part Two of the Tax Code of the Russian Federation (in terms of expanding the types of entrepreneurial activities in respect of which the patent taxation system can be applied). Here is the officially published conclusion of the Government of the Russian Federation: “The draft law introduces amendments to chapter 265 of part two of the Tax Code of the Russian Federation, expanding the list of types of entrepreneurial activities in respect of which the patent taxation system can be applied, in particular, it is proposed to include services in the field of animal husbandry and plant growing in such a list in order to stimulate the development of small business, as well as providing for the granting of powers to the constituent entities of the Russian Federation to combine types of entrepreneurial activity in the field of animal husbandry and plant growing, including services in these types of activities, in respect of which the patent taxation system can be applied, into a single patent with the establishment of a single potential for receiving an annual income by an individual entrepreneur. There are no conceptual comments of a legal nature on the draft law ”.

But! When will all this be real? Not yet known. Because the bill passed only the 1st reading in the State Duma. Now they are preparing amendments for the 2nd reading, which could greatly change the document. Therefore, all the talk that the law has already been passed and that since March 2019, gardeners will have to buy a patent to sell potatoes or apples from their site, are rumors.

What are the threats to the villagers and gardeners?

What will happen if the deputies nevertheless adopt a version of the bill that is close to the original one? “The amendments threaten that people will have to fork out,” says Lyudmila Golosova, chairman of the Russian Gardeners' Union. - It's no secret that over 10 years the number of peasant farms in the country has almost halved. Almost 200 thousand peasant farms went bankrupt. Some of them have passed into the status of personal subsidiary plots. They do not pay taxes, except for land taxes, and the state does not like it. Here are the authors of the bill and propose to give the opportunity to local authorities to replenish budgets through this innovation. You grow cattle, vegetables and fruits in private household plots, if there is a surplus for sale, it means that you issue an individual entrepreneur, buy a patent and sell it. While in the markets people with potatoes or apples are not touched, but they are driven off the roads. I think in the future everyone will be driven out, demanding a patent.

An option is being discussed not for a year-round, but for a seasonal patent - for a month, two or three, when the harvest period is coming, so as not to pay in winter. We will learn about all these details when the law is passed. But one thing is clear - it will be impossible to sell your harvest just like that. This will affect the owners of private household plots in the first place. But, I think, us, gardeners, this can also affect. It is not for nothing that our new law No. 217 was called “On the conduct of gardening and horticulture by citizens for their own needs. “. That is, everything that does not fall under the “own needs” that goes for sale may also require the purchase of a patent ”.

Is a patent voluntary?

However, lawmakers are reassuring gardeners. “In fact, the bill, which offers the opportunity to owners of private household plots to acquire patents for a period from one month to a year to sell their products, was adopted by the State Duma in the first reading. The most important information that needs to be brought to the members of horticultural associations today is that the changes made do not concern them at all, ”Deputy Chairman of the State Duma Sergei Neverov wrote in his social networks. According to him, claims that the patent will be mandatory for summer residents is speculation and a lie. For owners of private household plots, obtaining a patent is voluntary, but optional. “If you have a personal subsidiary farm, you sell surplus and do not plan to enter the level of broader trading activities, then you don’t need to acquire a patent,” Sergei Neverov noted.

“Indeed, some farmers“ hid ”from taxes in private household plots,” says tax consultant Marina Emelyantseva. - In supposedly "personal subsidiary plots" herds of animals are grown, megatons of potatoes, there are hired workers. It is for such large private households that legislators offer such a simplified taxation option as a patent. This year it costs about 40 thousand rubles, a month - 3.3 thousand rubles. If a person does not want to be registered as a farmer, but has a large private household, he can buy a patent. The patent system can be the best solution for those farmers who today are afraid to register an individual entrepreneur due to bureaucratic obstacles, but are thinking about developing their economy or trying to find a solution to the issue of selling their products. It should be remembered that the sale of surplus products grown on personal subsidiary plots does not form taxable income (clause 13 of article 217 of the NKRF). Nobody has the right to force people to obtain the status of individual entrepreneurs, this is a purely voluntary matter. "

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