Will there be tax on deposits? Taxation of deposits. Foreign currency deposits abroad
Owners of bank deposits rarely have a reason to think about the taxation of their additional income in the form of accrued bank interest. Partly because concerns about transferring the necessary tax to the state are shifted to the shoulders of credit institutions. Even though the taxpayers in the case of bank deposits are private individuals. We hasten to assure you that not all deposits are subject to taxation, but more on that below.
It happens that bank clients are surprised that the interest they receive is slightly less than what they had previously calculated. Bank managers explain that the amount was reduced due to the tax on deposit income already paid for the client. Another case when citizens remember about tax is the moment they fill out a declaration on the so-called Form 3-NDFL. Some individuals need (for example, to receive a tax deduction for the purchase of an apartment) to fill it out once a year. Such a report for the tax inspectorate must indicate the amount of previously accrued tax already paid to the state budget for the taxpayer by the bank.
Investors are not worried about the saying “pay your taxes and sleep well” when it comes to their investment deposits. Bankers, who are entrusted with the responsibility of tax agents to calculate the tax and transfer it to the budget in compliance with deadlines, tax rates and other legal norms, are worried about them. And the conditions of the game in our imperfect financial legislation change frequently.
It is more convenient for the state to monitor the implementation of the tax code through more law-abiding banking institutions than to expect that all private individuals will fulfill their duty before the law on time. After all, banking documentation is checked several times a year by various state supervisory authorities (tax inspectorate, Central Bank, auditors, etc.). Failure to properly comply with laws threatens not only with large fines, but also with the deprivation of a license for their financial activities. In addition, taxation of deposits is a complex matter; it is very difficult for non-professionals to understand.
The bank, as a tax agent, just like an employer, from the beginning of each year begins to keep records of the income of all individual depositors whose amounts are subject to taxation. This is expressed in filling out a certificate of income for the tax authorities separately for each person and monthly transferring the required amount of tax to the budget. The secrecy of the deposit in this case is strictly observed. The documents for tax authorities indicate only the amount of interest that falls under tax legislation, and not the entire amount of savings of a particular depositor in this bank. Let us remind you again that these are not all deposits in a row.
Upon written application from the client, a certificate of income of an individual is issued, exactly the same as the one issued by the employer to its employees with data on wages and income tax withheld to the budget. The certificate will indicate only the client’s income in this bank, which the bank itself will accrue in the form of deposit interest. And only those interest amounts for which personal income tax has already been calculated by this particular bank for the period since the beginning of the year.
Which individual deposits are taxable?
For the peace of mind of depositors, we will finally inform you that only selected deposits of individuals are subject to taxation, the fixed rate on which, for example, at the moment (September 2012), is more than 13% per annum. Why today, you ask? Because, according to the law, the tax base is determined based on the refinancing rate of the Bank of Russia, in effect at the time when the bank deposit agreement was concluded. The refinancing rate may change at any time. Which happens every year. It even happens several times. According to Article 214 of the Tax Code, in order to determine the base for calculating the tax, another 5% must be added to the refinancing rate (today it is 8% per annum).
For a better understanding, let's highlight three basic, but very different concepts touched upon in this article:
The deposit rate (or interest on the deposit) is dictated by the bank and fixed in the agreement with the client. The deposit rate is chosen by the depositor himself among various deposit offers;
The refinancing rate is determined by the Bank of Russia (or otherwise the Central Bank). The state bank lends to commercial lending institutions at this percentage. And yet, with the help of this financial instrument the state is trying to regulate the level of inflation;
The personal income tax rate is set by the state. The amount and procedure for calculation are fixed in the Law. There are different tax rates for different incomes. For bank deposits of residents it is equal to 35% and 30% for tax non-residents (i.e. citizens of another country). This value last increased in 2008. For wages and some other income, the personal income tax rate in Russia today is 13%.
Tax calculation example
Let's consider a simple example with the calculation of tax and the exact income that a depositor will receive on a deposit with a higher interest rate. So, today the refinancing rate is 8%. Let’s say that interest under the contract is accrued at the end of the term, i.e. in six months (182 out of 365 days a year). Let's look at the calculation for ruble and foreign currency deposits. Let's call the currency the Swiss franc (CHF), the rate of which is 33.9274 rubles. Conditionally, because at the moment there are no foreign currency deposits with a rate higher than 9% per annum.
Annual interest rate on deposit | 13 | 13,5 | 9,5 |
Deposit amount | 1 million rub. | 1 million rub. | 100 thousand CHF |
Contract term | 182 days | 182 days | 182 days |
Central Bank refinancing rate | 8 | 8 | 8 |
Tax rate % | 35 | 35 | 35 |
The difference between % on deposit and % for taxation according to the Law | No or less than 0 | 13,5-(8+5)= 0,5 | 9,5-9= 0,5 |
Calculation of the tax base | No | 1 million *0.5*182/ 365 * 100 = 2,493.15 rubles. | 100 thousand *0.5*182/ 365 * 100 = 249.32 CHF |
Tax amount | No | 2,493.15 * 35% = 872.60 rub. | (249.32 * 35%)* rate = 87.26 CHF * 33.9274 = 2,960.50 rubles. |
Amount of accrued income BEFORE tax withholding | 1 million* 13*182 / 365.*100 = 64,821.92 rubles. | 1 million* 13.5*182 / 365.*100. = 67,315.07 rub. | 100 thousand* 9.5*182 / 365.*100. = 4,736.98 CHF |
Income for payment to the investor, minus tax, excluding the initial investment amount (rub.) | 64 821,92 | 67,315.07 –872.60 = 66,442.47 rubles. | 4,736.98 – 87.26 = 4,649.72 CHF |
As can be seen from the table, personal income tax is calculated:
— in ruble contracts for the difference between the deposit rate and the refinancing rate increased by 5 percent,
— in foreign exchange contracts for the difference between the deposit rate and the value of 9 percent.
These terms are subject to law and the tax code.
Until January 1, 2008, the tax code allowed a preferential personal income tax rate on deposits for pensioners; then it was 13%. But with the introduction of the new edition of the code, the benefits were canceled and the tax on pension savings is the same as for other citizens, i.e. 35% on the difference.
The above example implies a simplified version of calculating interest on a deposit, when income is accrued at the end of the term once. But there are deposits, according to the terms of the agreement, interest is accrued once a month or once a quarter. In this case, the tax agent does not wait for the end of the contract, but calculates personal income tax to the budget along with interest on the deposit, with the same frequency. Then a more complex calculation option is possible, since the accrued interest can:
— capitalize, i.e. increase the deposit amount, which means the tax amount will change,
- increase the deposit amount during capitalization so much that the interest rate on the deposit will also increase, if the agreement with the bank provided for a progressive interest rate. In other words, if when opening an agreement the deposit rate was 13% per annum for 900 thousand rubles, then no tax was charged. After increasing this amount to 1 million rubles. The deposit rate of 13.5% came into effect, which means that in the new period a tax will be charged on the amount exceeding the refinancing rate + 5%.
It happens that a bank client withdraws his deposit before its expiration date. Then the interest rate will most likely decrease to the demand deposit rate, as stated in the terms of the agreement regarding early withdrawal of savings. Tax payments are also being revised downward. If by this time the personal income tax has already been transferred to the budget for the investor, then it is possible to return it only if the taxpayer himself (i.e., the bank client) writes a special application for a tax refund.
When calculating the tax base, we also take into account the fact that during the term of the agreement the Central Bank refinancing rate also changes, either upward or downward. And it is even possible that this will happen several times over the entire period if the deposit is long-term, concluded for several years. For example, during the crisis year of 2009, the Central Bank changed its rate 10 times. Over the past five years, its maximum value was 13%. And the minimum value of 7.75% was in effect from June 2010 to February 2011. A special procedure for calculating tax is provided for in the Tax Code for a floating deposit rate.
Our site has already written about one of them. Income from a structured product can significantly exceed income from a bank deposit. This complex financial instrument is still not clearly described by tax legislation, so the form of taxation on it may be different. The tax here is calculated at both a rate of 13% and a rate of 35%, depending on the type of investment.
Special product - . Here, a deposit tax of 13% is charged on the entire amount of interest income.
Some investors will be interested to know that the State Duma is currently considering a bill to impose a fine on individuals who do not indicate their income from foreign deposits in their tax returns. Those who knew about this fact but did not inform the state will also be punished. For example, a Russian bank making a transfer from its client’s account to his own account in another state.
According to statistics, out of 5 million Russian private investors who placed funds abroad, only 300 thousand reported this fact to the tax authorities. Tax on income on deposits is paid to the budget of the country where the bank is registered. In some cases, there is a tax refund scheme to avoid double taxation. Lawmakers say the system is far from perfect.
Provides for the transfer to the state budget of a certain percentage of almost every type of income received: wages, inheritance, etc. Most bank clients, before opening a deposit, must also calculate what tax on individual deposits will need to be paid. This tax represents part of the income received from interest transferred to the budget. The system for calculating it changes quite often, so it is better to study this issue carefully before signing an agreement to open a deposit.
Which deposits are taxable?
Formally, financial income from deposits is subject to tax. This applies to both ruble deposits and programs in foreign currency. The fact of tax withdrawal from the deposit will not be affected by the terms of placement, options such as automatic prolongation, partial withdrawal or replenishment. Three parameters influence the withholding of personal income tax from a deposit:
- The volume of savings placed at interest;
- Interest rate for a specific deposit program;
- The refinancing rate for the current year established by the Bank of Russia.
- The income from the deposit subject to taxation will be the profit from it - the amount that increases the client’s savings due to accrued interest.
Amount of tax on deposits
However, the reality of the Russian economy is that a deposit in it is an ineffective instrument. Its profitability will only allow citizens to save money, blocking the impact of inflation. But the real profit from the deposit is minimal, and it can be equated to a small bonus for cooperation with the bank.
Therefore, to the question about the taxation of deposits of individuals in 2020, the answer is clear - no, it does not apply. In confirmation, we cite clause 1 of Art. 214 of the Tax Code of the Russian Federation. In accordance with it, income tax is paid on:
Deposits in Russian rubles, if their interest rate exceeds the refinancing rate determined by the Central Bank of the Russian Federation by five percentage points, for deposits in foreign currency, if their rate exceeds 9%.
In 2020, the refinancing rate (also the key rate in government documents) is 7.75%. If, in accordance with the law, we add five percentage points to it, we get 12.75%. This is the rate that a deposit program in rubles must have in order to be subject to personal income tax.
But by looking at the current offers on the market, it is easy to see that financial institutions do not offer deposits with such returns. The best interest rates on deposits range from 8–9% per annum - these are programs from, and some others. As for, in rare cases they reach 4%. The percentage is in the region of 2-3%, - up to 2%.
Procedure for paying tax on deposits
So, we have already decided that in practice taxes are not levied on interest on deposits: Russian banks do not offer citizens sufficient returns. But suppose that the deposit program includes capitalization interest, which in total exceeds the key rate - then the tax must be paid. How does this happen?
Unlike some items of income for which an individual submits a declaration to the Federal Tax Service, a deposit is less troublesome for the holder. Income tax on the deposit is calculated and withheld by the bank itself, and the depositor can only request reports on the transfer of personal income tax to the budget. The bank is obliged to provide them upon request at any time.
The tax does not include interest on ruble deposits,
paid from 01/01/2016 based on the refinancing rate (valid during the interest period), increased by five percentage points. This rule works if the deposit is placed in a bank located in Russia. This is provided for in paragraph 2 of the Tax Code of the Russian Federation.
Important: interest on ruble deposits received during the period from December 15, 2014 to December 31, 2015 is exempt from personal income tax within the refinancing rate (in force during the period of interest accrual), increased by 10 percentage points. This rule works if the deposit is placed in a bank located in Russia. Moreover, the date of opening the deposit does not matter for this (clause 3 of Article 214.2 of the Tax Code of the Russian Federation, letter of the Federal Tax Service of Russia dated January 22, 2015 No. BS-4-11/788).
If during the validity period of the deposit agreement the refinancing rate decreased and because of this the amount of interest exceeded the maximum amount, you do not need to pay personal income tax if the following conditions are simultaneously met:
- no more than three years have passed since the interest rate exceeded the refinancing rate increased by five percentage points. For the period from December 15, 2014 to December 31, 2015, the interest rate needs to be increased by 10 percentage points.
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Who pays personal income tax on interest on a ruble deposit or bank deposit?
These rules apply if the deposit is placed in a bank located in Russia. Interest on foreign deposits is subject to personal income tax in full (letter of the Federal Tax Service of Russia dated April 22, 2016 No. BS-3-11/1827).
If during the validity period of the deposit agreement the refinancing rate decreased and because of this the amount of interest exceeded the maximum amount, you do not need to pay personal income tax if the following conditions are simultaneously met (Article 214.2 of the Tax Code of the Russian Federation):
- on the date of conclusion (extension) of the agreement, the interest rate did not exceed the refinancing rate increased by five percentage points. If the agreement was concluded (extended) during the period from December 15, 2014 to December 31, 2015, then compare the interest rate with the refinancing rate increased by 10 percentage points;
- for the entire period of accrual of interest on the deposit, their amount did not increase;
- no more than three years have passed since the interest rate exceeded the refinancing rate increased by five percentage points. For the period from December 15, 2014 to December 31, 2015, compare the interest rate with the refinancing rate increased by 10 percentage points.
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An example of calculating the amount of personal income tax in the form of interest on ruble deposits. During the validity period of the deposit agreement, the refinancing rate decreased
July 1, 2014 A.V. Ivanov entered into a ruble deposit agreement with the bank with a validity period of five years. The bank is located in Russia. According to the terms of the agreement, the interest rate is 17 interest, the interest rate does not increase.
During the term of the agreement, the refinancing rate was ( conditionally):
- from July 1, 2015 (date of conclusion of the agreement) to December 31, 2015 – 8.25 percent;
- from January 1, 2016 to April 13, 2016 – 11 percent;
- from April 14, 2016 to September 18, 2016 – 10.5 percent;
- from September 19, 2016 to the expiration date of the contract - 10 percent.
As of the date of conclusion of the contract until December 31, 2015, the tax-free limit is 18.25% (8.25% + 10%). The difference between the interest rate and the refinancing rate increased by 10 percentage points is negative: 17% – (8.25% + 10%) = – 1.25%
Therefore, Ivanov’s income in the form of interest on a ruble deposit for the period from July 1, 2015 to December 31, 2015 is also exempt from personal income tax in full.
From January 1, 2016 to April 13, 2016, the refinancing rate increased from 8.25 to 11 percent. The difference between the interest rate and the refinancing rate increased by 5 percentage points was 1 percent: 17% – (11% + 5%) = 1%
From April 14, 2016 to September 18, 2016, the refinancing rate decreased from 11 to 10.5 percent. The difference between the interest rate and the refinancing rate increased by 5 percentage points was 1.5 percent: 17% – (10.5% + 5%) = 1.5%
From September 19, 2016, the refinancing rate decreased from 10.5 to 10 percent. The difference between the interest rate and the refinancing rate increased by 5 percentage points was 2 percent:
17% – (10% + 5%) = 2%
That is, the maximum interest level has been exceeded. However, Ivanov’s income in the form of interest will not be taxed in full for three years starting from January 1, 2016 (Article 214.2 of the Tax Code of the Russian Federation).
From part of the excess interest income (2%) received by Ivanov on the deposit from January 1, 2019 to June 30, 2019, the bank will withhold and transfer tax to the budget at a rate of 35%.
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The procedure for taxing interest on bank deposits with personal income tax does not depend on whether the individual is an entrepreneur
Article 214.2 of the Code does not contain provisions limiting the possibility of its application by individuals registered as individual entrepreneurs, reminds the Ministry of Finance in letter No. 03-04-05/51080 dated 01.09.2016.
Thus, in relation to interest income on bank deposits received by individuals - individual entrepreneurs, the general taxation procedure for such income, established in Article 214.2 of the Code, applies. Those. if the interest received by an individual who is an individual entrepreneur on deposits in banks located on the territory of the Russian Federation does not exceed the limits established in paragraph 1 of this article, the tax base for such income is not determined.
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