The Ministry of Finance clarified the period from which a catering organization loses the right to be exempt from VAT if in the middle of the calendar year its revenue exceeded the limit of two billion rubles, writes buh.ru.
Siamionau pavel/Shutterstock/Fotodom
Subclause 38 of clause 3 of Article 149 of the Tax Code of the Russian Federation exempts from VAT catering services provided by organizations and individual entrepreneurs through catering facilities (restaurants, cafes, bars, buffets, cafeterias, etc.), as well as at the location chosen by the customer. This benefit can be applied if the following conditions are met for the previous year:
- the total amount of income for the previous year did not exceed 2 billion rubles;
- the share of income from catering services was at least 70%;
- The average monthly amount of payments to individuals is not lower than the regional industry average monthly salary published by Rosstat.
In its letter dated 07/05/2024 No. 03-07-07/63241, the Ministry of Finance noted that the specifics of the loss of the right to VAT exemption in relation to catering services, if during the calendar year in which this exemption applies, the amount of income exceeded in aggregate two billion rubles, not established by Article 149 of the Tax Code of the Russian Federation.
In this regard, if during the calendar year in which the VAT exemption is applied in relation to public catering services, the amount of income exceeded in total two billion rubles, then until the end of this year the organization has the right to apply an exemption from VAT in relation to the public catering services provided. This means that the organization will lose the right to the benefit only from the beginning of the next calendar year.
The Ministry of Finance proposed changing the requirements for labeling imported alcoholic beverages
The Ministry of Finance proposed to completely transfer the labeling of imported alcohol to Russia
