Companies that have submitted a profit and loss statement to the tax service with a loss may receive a notification requesting an explanation of the reasons for its formation. Otherwise, if the taxpayer fails to provide the necessary information, tax office may decide to hold on-site inspection or, as a last resort, about liquidation legal entity... It is not recommended to ignore such a "sign of attention". This article will take a closer look at how to write an explanation for tax losses. A sample will be given at the end of the article.
How to behave?
and for whom it is not a secret that none Chief Accountant does not want his company to be included in the list of "lucky ones" for conducting offsite events to audit financial and economic activities by tax authorities. But what should he do if the annual report came out with a loss, and the tax office requires an explanation of the reasons for its occurrence?
In such a situation, there are two options for behavior:
- leave the annual report as it is, but at the same time it is necessary to correctly and convincingly write explanations of the company's losses;
- artificially correct reporting in such a way that unprofitableness will eventually "disappear".
Having stopped your choice on one or another option, you should understand what tax risks you can expect and what implications they can bring to the enterprise.
If you have at your disposal all the properly executed documentation that can confirm the validity of the costs incurred, then there is no need to artificially adjust the reporting, that is, there is no need to clean up the company's losses, since they will be lost for you forever. In such a situation, it will be more expedient if you prepare explanations for the tax loss. A sample of such an explanatory note is discussed below.
But sometimes there is no way to explain the reasons for the negative balance. Then you can correctly correct the income statement and thereby hide the loss. But you should understand that willful misrepresentation of reporting can result in fines for the company. It will be better if you review it again to see if you have taken into account all incomes before submitting your reports to the tax office.
What are the criteria for considering companies that showed a loss?
As a rule, these are three types of losses:
- a fairly large loss;
- the loss is repeated within two tax periods;
- the loss was shown last year and in the interim quarters of the current year.
What should newly registered enterprises do? Typically, loss for new businesses is a common occurrence. In addition, tax legislation requires that expenses be taken into account in the period in which they were generated, despite the fact that the income has not yet been received. If a company was established and suffered a loss during the same year, then the tax authorities, most likely, will not consider it as problematic.
However, if you show a loss for more than one year, then the inspection will require you to explain the reasons for this situation, since it may consider that you are deliberately reducing profits. Therefore, we recommend that if you have a loss, submit your balance sheet and profit and loss statement with an explanatory note, this will allow you to avoid unnecessary questions.
What indicators do tax authorities pay attention to when checking an unprofitable company?
- On the ratio of borrowed and equity capital... It is considered acceptable if the amount of equity capital is greater than the borrowed capital. At the same time, it will be better if the growth rate of borrowed capital is lower.
- At the rate of growth current assets... It is considered normal if this indicator is greater than the growth rate of non-circulating.
- At the rate of growth of accounts receivable and accounts payable... These indicators should be almost the same. Tax officials may be interested in the reason for the increase or decrease in these indicators.
What should a loss explanatory note look like?
How to write an explanation to the tax office? As such, there is no standard form, explanations are written in any form on the official letterhead of the enterprise and are confirmed by the signature of the head. The note is drawn up in the name of the head of the tax inspectorate, which sent a request for an explanation of losses.
The main emphasis in the letter should be on explaining the reasons for the formation of a negative financial result. It is very important here to back up all the words with facts that influenced the situation when the enterprise's expenses exceeded income. It is very good if the company has documents with which you can confirm that this is a normal business activity aimed at making a profit, and losses in the next reporting period will not be present. To prove that you have taken a number of steps to achieve positive results, you can attach a copy of the business plan, a transcript of accounts payable, and other similar tools to the explanatory note.
What are the reasons for unprofitableness to name in the explanatory note?
Let's name the main reasons that can be used as an example of an explanation of losses.
Explanation 1. Decrease in prices for goods, works and services sold
The reasons for this decline may be the following factors.
1. The selling price has been reduced due to a decrease in market prices or a decline in demand. The consumer will not buy a product with a price higher than the market price, but selling it at a loss, you can get at least some revenue and not go even more at a loss. This explanation can be supported by the following documents:
- the order of the head on the establishment of new prices and the reasons for such changes;
- a report from the marketing department, which will reflect the market situation and provide an analysis of the decrease in demand for the goods shipped by the company.
2. The product expires. To prove this reason, the following documents can be attached:
- the act of the inventory commission;
- an order from the head to reduce the prices of goods.
3. Refusal of the buyer from the order. This reason can be substantiated by attaching an agreement on termination of the contract or an official letter from the buyer, in which he writes about his refusal.
4. Seasonal nature of the goods, works and services sold. Seasonal fluctuations in demand are typical for such spheres of activity as construction, tourism, etc. To substantiate this reason, an order from the head to reduce prices will also be needed.
5. The decline in prices is due to the development of a new sales market. At the same time, you should have marketing research, plans, development strategies in your arsenal. It will not be superfluous if you provide copies of supply agreements for new points of sale or documents for opening a new division in another region.
Explanation 2. Decline in sales or production
This explanation of the loss can be accompanied by a report on a decrease in the volume of products, work and services performed, or on a decrease in sales of products in quantitative terms.
Explanation 3. The need for work or activities that require large one-time costs
This can be the repair of equipment, office, warehouse and other facilities, as well as all kinds of research, licensing, etc. To justify these costs, you should have source documents on them, such as work contracts, estimates, invoices and other similar documentation.
In the event that the tax inspectorate requires an explanation of losses in the reporting for a quarter, half a year or nine months, you can refer in the explanatory note to the fact that the financial result of the enterprise is formed on an accrual basis for the year. And therefore, the situation with him may still change before the end of the year.
Clarification 4. Force majeure (flooding, fire, etc.)
In this case, you should have on hand a certificate from the government agency that recorded this situation. You will also need an opinion from the inventory commission on the losses incurred as a result of the disaster.
Sample explanatory note
For a clear understanding of how to write explanations for the tax loss, the sample below will help us.
To the chief
IFTS of Russia No. 6
in Kazan
Skvortsov A.S.
EXPLANATION
Having examined your request regarding the provision of explanations explaining the formation of the loss, Romashka LLC reports the following.
During the nine months of 2014, the proceeds of LLC Romashka from the sale of products amounted to 465 thousand rubles.
Costs recorded in tax accounting amounted to RUB 665 thousand, including:
- material costs - 265 thousand rubles.
- labor costs - 200 thousand rubles.
- other expenses - 200 thousand rubles.
Compared to the same period last year, these costs increased by 15 percent, including:
- material costs - by 10%;
- labor costs - by 4%;
- other expenses - by 1%.
These indicators show that the growth in the company's expenses was mainly associated with an increase in prices for materials and raw materials necessary for the production of our products. In addition, it should be noted that the company has increased wage costs in order to motivate its employees.
Also, due to the market situation and the level of competition, the Company was unable to implement the planned increase in prices for the goods sold.
In connection with the above, it can be argued that the loss is the result of objective reasons.
Currently, the management of the enterprise is already conducting negotiations, the purpose of which is to attract new buyers and customers, and the issue of improving the products is being considered, which will increase the company's income significantly. The company plans to go to a positive financial results already based on the results of 2015.
Explanatory note on taxes
Currently, businesses may be required to provide an explanation to the tax office for VAT. This is if, when sending them an updated declaration, the size tax payments less than the one specified in the original version.
The explanation for VAT, as well as the explanation for tax losses, is drawn up in any form and is supported by the signature of the head of the organization. It indicates the indicators that have changed in the declaration, which became the reason for the reduction in the amount of tax. Among other things, it will not be superfluous to indicate the reason according to which other information was indicated in the original declaration. This may be an error in the calculation due to a misunderstanding of legislation or a program failure, and other similar factors.
The loss on income tax, reflected in the declaration, often serves as a reason for the worry of the accountant: will such reporting cause undue attention from the tax authorities? Let's take a closer look at what awaits the taxpayer in these circumstances.
For a video instruction on how to explain losses to the tax authorities, see our YouTube channel.
What will happen when filing a profit tax return if it contains a loss
Tax loss is a negative result that has arisen on line 100 of sheet 2 of the declaration, when the income of the reporting period does not overlap the expenses accounted for for tax purposes. It is not prohibited by law. But tax authorities, as a rule, do not trust information about losses, suspecting that the organization, for example, overestimated expenses, or hid part of the proceeds, or uses other schemes to artificially reduce income tax. Therefore, tax services not only send requests to the taxpayer for additional clarifications on such a declaration, but also create special commissions to check unprofitable reports.
So if a taxpayer filed a tax return with a loss, then he may well expect a call to the so-called unprofitable commission at the IFTS.
Why the tax authorities don't like the loss
the main task tax inspectors is to control the process of collecting taxes in order to replenish the budget. For this, tax services are developing a number of special measures, the implementation of which should contribute to the timely receipt of taxes, fees and other mandatory payments to the budget.
In their work with taxpayers who have shown losses, the tax authorities rely on clause 1 of Art. 2 of the Civil Code of the Russian Federation, which defines the essence of entrepreneurial activity as independent, carried out at its own risk and aimed at systematic profit. Therefore, if an organization regularly shows losses, then, in the opinion of the inspectors, it is most likely that it is unfair.
What are unprofitable commissions?
These are special commissions created under the Federal Tax Service Inspectorate to consider such issues as the completeness of payment of taxes and contributions from the amount of wages and control of the validity of losses from financial and economic activities.
In Moscow, for example, these commissions operate on the basis of the order of the Federal Tax Service of Russia for Moscow dated 22.02.2008 No. 96, which approved new edition Order of the Federal Tax Service of Russia for Moscow dated April 18, 2006 No. 240, that is, these structures have existed for many years. The activities of such commissions are regulated by the letter of the Federal Tax Service of Russia dated July 17, 2013 No. AS-4-2 / [email protected]
Before calling a taxpayer for a commission, tax authorities collect information to control the risks of loss, conduct counter checks, and receive bank statements. Next, they will have to analyze these documents along with the reporting of the organization. If the taxpayer reveals a sufficiently high degree of risk, the inspectorate will send him an information letter, in which the organization will be asked to independently check their calculations and submitted reports in order to reduce losses and assess their risks using well-known methods.
The taxpayer must receive the letter no later than one month before the date of the planned call to the commission. Within 10 working days after receiving the letter, the organization must either submit an updated declaration, reducing the loss, or respond to the tax authorities by submitting convincing explanations of the loss incurred to the Federal Tax Service Inspectorate. If within 10 days the taxpayer does not take any action in response to this letter, the tax authorities will send him a notice of the summons to the commission.
In addition, if the organization does not respond at all to the letter, then the directors may be fined up to 4,000 rubles (Article 19.4 of the Administrative Code of the Russian Federation). Inspectors have the right to summon taxpayers in order to receive explanations from them on the calculation and payment of taxes and fees, and taxpayers are required to appear when summoned by the tax authorities (subparagraph 4 of paragraph 1 of article 31 of the Tax Code of the Russian Federation).
And what happens if the taxpayer does not appear at the meeting of the commission?
For example, according to clause 10 of the order of the Federal Tax Service for Moscow dated February 22, 2008 No. 96, if the authorized representatives of the taxpayer ignored the call to the meeting of the working group of the commission in the inspection without explaining the reasons, or if they refused to follow the recommendations on changing the tax and (or) financial statements, then the tax authorities are allowed to conduct a first-priority exit visit with respect to such taxpayers. tax control and inform the owners about unsatisfactory financial condition organizations.
Tax services believe that they have the right to file a claim with the court to liquidate the organization and initiate bankruptcy proceedings (although the courts often recognize this possibility as illegal), as well as send materials on such a taxpayer to law enforcement agencies.
The tax authorities summon the head of the taxpayer to the unprofitable commission only in writing. The letter is drawn up on a special form (order of the Federal Tax Service of Russia dated 07.11.2018 No. MM-7-2 / [email protected]). No verbal invitations should be accepted.
The head of the organization summoned to the meeting of the commission can invite his employees there, who will help him give the necessary explanations. Representatives of the organization are advised to take with them documents that will help to confirm the correctness of the calculation and payment of income tax and explain the resulting loss.
Representatives tax services during the meeting, the commission will be required to substantiate the reasons for the losses, and if the explanations provided do not convince them, they will most likely offer to submit the revised declaration without loss.
When can a loss be inevitable?
Let's imagine that the organization was registered relatively recently. Even if she has already entered into contracts and started to fulfill them, the result (revenue from the sale of goods, works, services or other activities) may appear much later than the end of the reporting period. In this case, of course, the organization will receive a loss.
True, in this situation, the Ministry of Finance and the Federal Tax Service of the Russian Federation in their letters repeatedly explained that losses arising from newly created organizations are allowed to be taken into account in the future (letters of the Ministry of Finance of Russia dated 26.08.2013 No. 03-03-06 / 1/34810, dated 20.09. 2011 No. 03-03-06 / 1/578, dated 21.04.2010 No. 03-03-06 / 1/279, dated 17.07.2008 No. 03-03-06 / 1/414, letter of the Federal Tax Service of Russia dated 21.04.2011 No. KE-4-3 / 6494).
How best to explain the loss to the tax authorities
The Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of October 24, 2006 No. 18 says that making a profit is the goal of entrepreneurial activity, and not its mandatory result.
It is possible to justify the losses by collecting evidence that the organization conducted the usual economic activity, the purpose of which was to make a profit, and explain why this activity did not bring profit.
The reasons leading to the loss determine which "supporting" documents are required in each specific case. Let's consider them:
- Development of new activities. Here, a business plan will be a supporting document, which will show that losses are associated with the specifics of new activities and are planned in advance for the first few years. The business plan should also show when the investment starts to pay off.
- Unprofitable sale of goods... In any organization, situations may arise when goods are sold at a price below cost. The fact of such a realization must be confirmed by the act of the inventory commission and the order of the head on the reduction of prices drawn up on the basis of this act. In the act, it is necessary to provide data on the quality of the product, on its properties and characteristics, as well as on the reasons why this product cannot be sold at a profit; bring the conclusions of the inventory commission that in the given circumstances the organization has to make a sale at a loss.
- Dumping policy. Suppose a company decides to drive out competitors and expand the sales market through temporary understatement of prices, planning thereby to significantly increase future sales volumes. It is necessary to substantiate these intentions through the marketing policy of the organization, through a business plan and a plan for the development of sales markets. The expected effect of these activities should be shown in figures.
- Changes in supplier prices. Suppose that a long-term contract with fixed prices (for example, in rubles) is concluded with the customer. Under the terms of the contract, an upward revision of prices is not provided. And the contract with the supplier is in foreign currency (imported products). A loss here may arise due to fluctuations in exchange rates. If a question arises as to why the organization did not terminate the contract, which suddenly became unprofitable, it is necessary to provide the tax authorities with evidence that, having terminated the contract, the organization would have suffered even greater losses in fines. And a profitable customer, with whom, perhaps, there are other contracts or prospects of contracts, would be lost.
- Z the customer (buyer) has canceled the previously concluded contract. Or, a similar situation, when the termination of economic relations occurred due to a change in the owner of the customer. In these situations, it is necessary to show the tax authorities an agreement on termination of the contract, correspondence with the former counterparty in connection with the change of ownership, correspondence with counterparties on the issue of concluding new contracts.
- Force majeure (flooding, fire, destruction of the office, etc.). In this case, you need to have a certificate from government body, who recorded this situation, and be sure to draw up inventory list due to losses.
Well, if the profit tax loss ended not a year, but any of the interim periods, it is important to convince the tax authorities that since the final calculation is made at the end of the year, and the organization will have to close a large contract at the end of the year, then there is no reason to doubt that the year will end with a profit.
Outcomes
A loss in the income tax return will lead to the summons of the taxpayer to a special commission at the Federal Tax Service to provide explanations. Tax authorities believe that by virtue of the execution of Article 2 of the Civil Code of the Russian Federation, any business is created with the aim of generating profit, and its absence is a reason not to pay taxes. The article discusses in detail the algorithm for explaining losses.
An entrepreneurial is an independent activity carried out at one's own risk aimed at the systematic receipt of profit from the use of property, the sale of goods, the performance of work or the provision of services by persons registered in this capacity in the manner prescribed by law (Article 2 of the Civil Code of the Russian Federation).
27.04.2016But often when doing business, we are talking not only about the lack of profit, but also the total excess of expenses over income. In this case, we must say that the firm is suffering losses.
For the purpose of calculating income tax, the object of taxation is profit.
Profit is, for Russian organizations who are not members of the consolidated group of taxpayers - income received, reduced by the amount of expenses incurred (clause 1 of article 247 of the Tax Code of the Russian Federation). Recall that for the purpose of calculating income tax, the taxpayer has the right to carry forward the loss he has received to future reporting (tax) periods. The taxpayer has the right to carry forward the loss for the future within ten years following the tax period in which this loss was received (Article 283 of the Tax Code of the Russian Federation). It should be borne in mind that accounting for any expenses (losses) on the basis of Chapter 25 of the Tax Code of the Russian Federation must have an economic and documentary justification (Article 252, paragraph 4 of Article 283 and other articles of the Tax Code of the Russian Federation).
By order of the Federal Tax Service of Russia dated May 30, 2007 No. MM-3-06 / [email protected]“On the Approval of the Concept of the Planning System for Field Tax Audits”, publicly available criteria for self-assessment of risks for taxpayers, used by tax authorities in the process of selecting objects for conducting field tax audits, are fixed.
Among these criteria are named:
Reflection in accounting or tax reporting losses over several tax periods;
Carrying out of financial and economic activities by the organization with a loss for 2 or more calendar years;
Inconsistency between the growth rate of expenses in comparison with the growth rate of income according to tax reporting data with the growth rate of expenses in comparison with the growth rate of income reflected in the financial statements.
As noted by the Supreme Arbitration Court of the Russian Federation in the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 12.10.2006 No. 53 "On the assessment by arbitration courts of the justification for the receipt of tax benefits by a taxpayer" and the Constitutional Court of the Russian Federation in the Definition of the Constitutional Court of the Russian Federation No. 320-О-P dated 04.06.2007, justification of expenses taken into account when calculating tax base should be assessed taking into account the circumstances indicating the taxpayer's intentions to obtain economical effect as a result of real entrepreneurial or other economic activity... In this case, it is precisely about the intentions and goals (focus) of this activity, and not about its result. At the same time, the validity of obtaining tax benefits, as noted in the same decree, cannot be made dependent on the efficiency of capital use.
But this does not mean that the inspectorate cannot ask you to provide explanations about the nature of your unprofitable activity.
Peculiarities of conducting a desk audit in case of claims
When conducting a cameral tax audit tax return(calculation), in which the amount of the loss received in the corresponding reporting (tax) period is declared, tax authority has the right to demand from the taxpayer to provide, within five days, the necessary explanations justifying the amount of the loss received (clause 3 of article 88 of the Tax Code of the Russian Federation). The taxpayer has the right to additionally submit to the tax authority extracts from the tax and (or) accounting and (or) other documents confirming the accuracy of the data entered in the tax declaration (calculation) (confirming losses) (clause 4 of article 88 of the Tax Code of the Russian Federation).
When conducting a desk tax audit on the basis of a revised tax declaration (calculation) submitted after two years from the date set for filing a tax declaration (calculation) for the relevant tax for the relevant reporting (tax) period, in which the amount of tax payable in budget system RF, or the amount of the resulting loss has been increased in comparison with the previously submitted tax declaration (calculation), the tax authority has the right to demand from the taxpayer primary and other documents confirming the change in information in the relevant indicators of the tax declaration (calculation), and analytical registers tax accounting, on the basis of which the indicated indicators were formed before and after their changes (clause 8.3 of article 88 of the Tax Code of the Russian Federation).
Based on the above norms, the organization will have to provide appropriate explanations (documents).
How to explain losses:
Opening a new line of business;
Recent start-up, lack of working capital
Conclusion of large transactions and implementation of short-term volumetric expenses
Expansion of activities
Unfavorable market conditions
Business plan with the expected "rectification" of the situation in the near future
A business plan for a large project that will bring profit in the future (high initial costs)
Other essential features of the company's business.
If in billing period the company's income turned out to be less than expenses, income tax base is recognized as equal to zero and there is no tax payable. Of course, in the business world, ups and downs are possible, and if something like this happened once, and the amount of this negative difference is small, then most likely there will be no questions for the company. The systematic demonstration of losses or a serious excess of expenses over income in income tax returns may raise suspicions of misconduct among supervisors. In this case, the organization will have to draw up a written explanation of the tax losses. A sample of drawing up such a document, as well as the cases in which it is required to be drawn up, we will consider further.
Request for clarification
Any declaration is subject to office check, which can last up to three months from the date of submission of the report. In the course of this procedure, the controllers analyze the data contained in the declaration, and, of course, they pay special attention to the figures that reduce the tax payable. In the income tax return, these are the declared costs of the activity and non-operating expenses... If their total amount or distribution structure confuses tax officials, then the company is sent a request to provide explanations and the need to confirm the amounts of the declared expenses. As a rule, the requirement immediately contains a proposal to file an updated return in case the company cannot explain the reported costs or losses.
In general, according to paragraph 3 of Article 88 Tax Code controllers have the right to demand explanations from any organization that showed losses in the reporting period. However, it must be admitted that inspectors do not always use this right. Usually, if a company has received such a request, it means that it has been included in the list of taxpayers whose activities are subject to review by the commission for the legalization of the tax base. The activities of such structures are described in the letter of the Ministry of Finance dated July 17, 2013 No. АС-4-2 / 12722.
Similar commissions are formed in inspections to check indicators for all established in Russian Federation taxes. In the context of paying corporate income tax on common system taxation, such commissions are taken into account by taxpayers who have shown tax losses in the framework of financial and economic activities for the previous two tax period as well as in the current reporting period. Another way to be in the field of view of controllers is to demonstrate a low tax burden, that is, the minimum ratio of the calculated amount of income tax to total amount income from sales and non-operating income... The letter even established special benchmarks for verification: for manufacturing companies this indicator should be at least 3%, and for trading companies - at least 1%.
How to prepare an explanation for the tax loss
After receiving a request for clarification, the organization has 5 days to respond. Actually, this will be discussed in the letter from the tax authorities.
Legislative sample explanatory note in the tax on losses is not established. The company draws it up in free form with supporting documents attached. In the answer, it is necessary to state why in the audited period there were large expenses that led to losses. Perhaps the company is preparing for a big deal, which will be dated the next quarter, or vice versa, in the current quarter, a deal has been closed on expenses incurred within the framework received in previous periods income. Perhaps we are talking about some factors that the organization itself cannot directly control.
In a word, when drawing up such an answer, you need to remember that the activities of any company should be aimed at making a profit. At the same time, the expenses that the organization makes are accounted for in calculation of income tax, only if they are economically justified, that is, again, they are carried out to obtain profit in the future.
A sample explanatory note to the tax authority for losses may look like this:
Head of the Inspectorate of the Federal Tax Service No. 28 in Moscow
fromAlpha LLC
INN772812345678 , KPP772801001
Legal address:
117279, Moscow, st. Profsoyuznaya, 106
On the reasons for the recognition of the loss in the statements of income tax for 2016
In response to your request No.12-03/456 from17.04.2017 on the provision of an explanation of the reasons for recording a loss in the amount ofRUB 670,520in the income tax return based on the results2016 yearWe report the following.
The main activity of the organization isproduction of children's clothing. Due to the planned increase in production in 2017, an additional tailoring workshop was opened in 2016 as a preparatory measure. In this regard, in September-October 2016, there were additional costs: for the lease of a new premises, repairs, as well as the purchase of equipment. In addition, in November 2016, the number of employees was increased. industrial complex... As a result of these changes, the wage fund was increased by 20%. In view of the growth in production volumes, the volume of purchased materials also increased.
In support of the above costs, we provide copies of the following documents:
- orders of the director of the organization to increase production volumes, open a new workshop and organize its work, expand the staff of workers;
- premises lease agreement;
- invoices for the purchase of additional equipment, and Supplies as part of the renovation of the premises of the new workshop;
- the change staffing table as well as copies of employment contracts with new employees.
All the above mentioned expenses are economically justified and documented. In strict accordance with the norms of the current tax legislation expenses were reflected in the income tax declaration at the end of 2016. At the same time, the actual increase in sales volumes was first noted only in December 2016, as a result, insufficient revenue growth within the reporting period led to the formation of a loss at the end of the year. In 2017, this situation will be corrected taking into account the prolonged validity of contracts for the supply of products on a regular basis concluded at the end of 2016. Thus, at the end of 2017, Alpha LLC plans to demonstrate a 30% increase in profit compared to 2015, when no losses were reported on operations.
CEO _____________ A.V. Petrov
Chief Accountant ________________ M.V. Sidorova
However, even a separately taken excess of expenses over income or the reflection of expenses in the absence of income is not considered tax offenses... In particular, this position was expressed in the letters of the Ministry of Finance dated April 26, 2011 No. 03-03-06 / 1/269 and dated August 25, 2010 No. 03-03-06 / 1/565. Thus, if a company receives a request to provide explanations about the losses received, this does not mean at all that by default it is about any illegal actions or about deliberately lowering the level of the tax base.
At the same time, it is impossible to ignore the received request, leaving it unanswered. Such inaction is fraught with a more detailed examination of the data of the declaration, especially in terms of expenses, and, possibly, the initiation of an on-site tax audit against the taxpayer.
