Taxation of personal income tax on voluntary life insurance

Often employers offer their employees a number of so-called social packages, which include all kinds of systems and forms of voluntary personal insurance, one of which is voluntary life insurance.

In this article, we will talk about the procedure for taxing personal income tax on insurance premiums under voluntary life insurance contracts.

The Law of the Russian Federation of November 27, 1992 No. 4015-1 "On the organization of insurance business in the Russian Federation" (hereinafter - RF Law No. 4015-1) defines the concept of insurance.

Insurance - relations to protect the interests of individuals and legal entities, the Russian Federation, constituent entities of the Russian Federation and municipalities in the event of certain insured events at the expense of funds formed by insurers from paid insurance premiums (insurance premiums), as well as at the expense of other funds of insurers (clause 1 article 2 of the Law of the Russian Federation No. 4015-1).

The purpose of organizing an insurance business is to ensure the protection of the property interests of individuals and legal entities, the Russian Federation, constituent entities of the Russian Federation and municipalities in the event of insured events (paragraph 1 of Article 3 of the Law of the Russian Federation No. 4015-1).

Insurance is carried out in the form of voluntary insurance and compulsory insurance (paragraph 2 of Article 3 of the Law of the Russian Federation No. 4015-1).

Voluntary insurance is carried out on the basis of an insurance contract and insurance rules that determine the general conditions and procedure for its implementation (paragraph 3 of Article 3 of the Law of the Russian Federation No. 4015-1).

Conclusion of an insurance contract

An insurance contract must be concluded in writing (Article 940 of the Civil Code of the Russian Federation). Failure to comply with the written form entails the invalidity of the insurance contract, with the exception of the compulsory state insurance contract.

An insurance contract can be concluded by drawing up one document (paragraph 2 of Article 434 of the Civil Code of the Russian Federation) or by the insurer delivering an insurance policy (certificate, certificate, receipt) signed by the insurer (paragraph 2 of Article 940 of the Civil Code of the Russian Federation) to the insurer on the basis of his written or oral application.

According to paragraph 1 of Article 957 of the Civil Code of the Russian Federation, an insurance contract, unless otherwise provided in it, enters into force at the time of payment of the insurance premium or its first installment.

On the basis of paragraph 7 of Article 4 of Law No. 4015-1, personal insurance includes the objects specified in paragraphs 1 - 3 of the named article. By virtue of paragraph 1 of Article 4 of Law No. 4015-1, objects of life insurance may be property interests related to the survival of citizens to a certain age or term or the occurrence of other events in the life of citizens, as well as their death (life insurance).

Thus, in relation to life insurance, a personal insurance contract is concluded.

Under a personal insurance contract, one party (the insurer) undertakes, for the contractual fee (insurance premium) paid by the other party (the policyholder), to pay a lump sum or pay periodically the amount (insured amount) stipulated by the contract in case of harm to the life or health of the policyholder himself or another named in the contract of a citizen (insured person), reaching a certain age or the onset in his life of another event (insured event) provided for by the contract (article 934 of the Civil Code of the Russian Federation).

Determination of the tax base

The specifics of determining the tax base for personal income tax (hereinafter - personal income tax) under insurance contracts are established by Article 213 of the Tax Code of the Russian Federation (hereinafter - the Tax Code of the Russian Federation).

Income in the form of insurance payments received by the taxpayer from the insurer is taken into account when determining the tax base. The exception is insurance payments received in accordance with subparagraph 2 of paragraph 1 of Article 213 of the Tax Code of the Russian Federation under voluntary life insurance contracts (with the exception of voluntary pension insurance contracts concluded by individuals in their favor with insurance organizations, upon the occurrence of pension grounds in accordance with the legislation of the Russian Federation) in in the event of payments related to the survival of the insured person to a certain age or period, or in the event of another event. Moreover, payments under such agreements are exempt from taxation if, under the terms of the agreement, insurance premiums are paid:

- a taxpayer;

- and (or) his family members and (or) close relatives in accordance with the Family Code of the Russian Federation (spouses, parents and children, including adoptive parents and adopted children, grandfather, grandmother and grandchildren, full and incomplete (having a common father or mother ) brothers and sisters).

It should be noted that these amounts are not subject to personal income tax if insurance payments do not exceed the amounts paid in insurance premiums, increased by the amount calculated by successively summing the products of the amounts of insurance premiums paid from the date of the conclusion of the insurance contract to the day of the end of each year the validity of such a voluntary life insurance agreement (inclusive), and the average annual refinancing rate of the Central Bank of the Russian Federation (hereinafter - the Central Bank of the Russian Federation) in force in the corresponding year. Otherwise, the difference between the indicated amounts is taken into account when determining the tax base and is subject to taxation at the source of payment (subparagraph 2 of paragraph 1 of article 213 of the Tax Code of the Russian Federation).

In order to determine the tax base, the average annual refinancing rate of the Central Bank of the Russian Federation is determined as the quotient of the sum obtained as a result of adding the values ​​of the refinancing rates in effect on the 1st day of each calendar month of the year of the life insurance contract by the number of summed values ​​of the refinancing rates of the Central Bank of the Russian Federation.

Thus, the amount of insurance payments associated with the survival of the insured person to a certain age or period or related to the occurrence of another event, under a voluntary life insurance contract, are recognized as an object of taxation for personal income tax in the part exceeding the amount of insurance premiums paid from the date of conclusion of the contract, multiplied by the average annual the refinancing rate of the Central Bank of the Russian Federation for each year of this agreement.

In cases of early termination of voluntary life insurance contracts provided for in subparagraph 2 of paragraph 1 of Article 213 of the Tax Code of the Russian Federation (except for cases of early termination of voluntary life insurance contracts for reasons beyond the control of the parties), and the return to individuals of the monetary (redemption) amount subject to In accordance with the insurance rules and the terms of these agreements, payment in case of early termination of such agreements, the income received minus the amount of insurance premiums paid by the taxpayer is taken into account when determining the tax base and is subject to taxation at the source of payment (paragraph 3, subparagraph 2 of paragraph 1 of Article 213 of the Tax Code of the Russian Federation). That is, in cases of early termination of the above voluntary life insurance contracts, the tax base is determined by the insurance company as the difference between the redemption amount received by the taxpayer in rubles and the amount of insurance premiums actually paid by the taxpayer in rubles. The same conclusion is contained in the letter of the Ministry of Finance of Russia dated January 15, 2015 No. 03-04-06 / 391.

Please note that the letter of the Ministry of Finance of Russia dated January 23, 2013 No. 03-04-05 / 4-58 states that if the monetary (redemption) amount received by the taxpayer upon early termination of the voluntary life insurance contract is less than the amount of insurance premiums paid by the taxpayer, the tax base is zero and there are no grounds for paying personal income tax.

In the event of termination of a voluntary life insurance contract (except for cases of termination of voluntary insurance contracts for reasons beyond the control of the parties), when determining the tax base, the amounts of insurance premiums paid by an individual under this contract are taken into account, in respect of which he was provided with a social tax deduction specified in subparagraph 4 of paragraph 1 of article 219 of the Tax Code of the Russian Federation. At the same time, when an insurance company pays cash (redemption) amounts to an individual under a voluntary life insurance contract, it is obliged to withhold the amount of tax calculated from the amount of income equal to the amount of insurance premiums paid by an individual under this contract for each calendar year in which the taxpayer had the right to receive a social tax deduction specified in subparagraph 4 of paragraph 1 of Article 219 of the Tax Code of the Russian Federation.

In other words, if a taxpayer used a social tax deduction in the amount of insurance premiums paid by him in the tax period under a voluntary life insurance agreement, then upon termination of such an agreement (except for termination of the agreement for reasons beyond the control of the parties), the amount of personal income tax attributable to this deduction and reimbursed to him, is subject to recovery and payment to the budget. In this case, the taxpayer himself does not need to pay anything. Insurance organizations will do it for him. In the situation under consideration, they are recognized as tax agents. Upon payment of cash (redemption) amounts under the agreement, these organizations will withhold the corresponding amount of personal income tax. They will calculate this amount from the amount of contributions that the taxpayer paid them under the contract for each calendar year in which he was entitled to receive a social deduction.

If the taxpayer provided a certificate issued by the tax authority at the place of residence of the taxpayer confirming that he did not receive a social tax deduction or confirming the fact that he received the amount of the provided social tax deduction specified in subparagraph 4 of paragraph 1 of Article 219 of the Tax Code of the Russian Federation, then the insurance organization accordingly does not withhold the amount of tax, or calculates the amount of tax subject to withholding. Note that the form of this certificate was approved by Order of the Federal Tax Service of Russia dated November 12, 2007 No. MM-3-04 / [email protected]"About the Help Form".

Note!

The Ministry of Finance of Russia in a letter dated February 27, 2015 No. 03-04-06 / 10145 from the above provisions made the following conclusion: if, on the date of payment of the redemption amount, the insurance company - the tax agent did not have the abovementioned certificate provided by the taxpayer, then it must withhold from the redemption amount the amount of tax calculated on income equal to the amount of insurance premiums paid by an individual under this agreement for each calendar year in which the taxpayer was entitled to receive this social tax deduction.

At the same time, Article 213 of the Tax Code of the Russian Federation does not provide for a delay in the payment of the redemption amount by the insurance organization to the taxpayer or refusal to pay it if the taxpayer fails to provide the specified certificate.

According to paragraph 3 of Article 213 of the Tax Code of the Russian Federation, when determining the tax base, the amounts of insurance premiums are taken into account, if the indicated amounts are paid for individuals from employers' funds or from funds of organizations or individual entrepreneurs who are not employers in relation to those individuals for whom they pay insurance premiums, except for cases when individuals are insured under compulsory insurance contracts, voluntary personal insurance contracts or voluntary pension insurance contracts.

At the same time, on the basis of paragraph 1 of Article 213 of the Tax Code of the Russian Federation, insurance payments made by an insurance organization to an individual under such contracts are subject to personal income tax. This procedure came into effect on January 1, 2008.

Until January 1, 2008, the tax base for personal income tax included the amount of insurance contributions under voluntary pension insurance agreements for employees, if the indicated amounts were paid for individuals from employers' funds. At the same time, insurance payments from an insurance company to an insured employee at the end of the term of such an agreement were not taken into account in the personal income tax base (paragraphs 1, 3 of Article 213 of the Tax Code of the Russian Federation, as amended, in effect until January 1, 2008).

To regulate the taxation procedure for personal income tax of insurance payments (contributions and payments) under voluntary long-term life insurance contracts concluded before January 1, 2008, transitional provisions were introduced.

So, paragraph 1 of Article 3.1 of the Federal Law of July 24, 2007 No. 216-FZ "On Amendments to Part Two of the Tax Code of the Russian Federation and Some Other Legislative Acts of the Russian Federation" it was established that if insurance premiums under such contracts were in full paid for individuals from employers' funds before January 1, 2008, then the previous taxation procedure applies. However, this provision did not cover those contracts that were concluded before January 1, 2008 and insurance premiums for which were paid (or are being paid) after that date. This led to the fact that payments made by insurance organizations after January 1, 2008, on the basis of article 213 of the Tax Code of the Russian Federation, are included in the personal income tax base, while part of the insurance premiums paid by the employer before this date was also subject to personal income tax. However, the actually insured person receives income only once - in the form of insurance payments.

In the decree of July 16, 2012 No. 18-P "In the case of checking the constitutionality of part 1 of Article 3.1 of the Federal Law of July 24, 2007 No. 216-FZ" On Amending Part Two of the Tax Code of the Russian Federation and some other legislative acts of the Russian Federation "in connection with the request of the Yuzhno-Sakhalin City Court of the Sakhalin Region" (hereinafter - Resolution No. 18-P), the Constitutional Court of the Russian Federation indicated that in this case the constitutional principles of equality, as well as the proportionality of taxation, were violated. Persons in whose interests voluntary long-term life insurance contracts were concluded before January 1, 2008 and insurance premiums have been paid in full before that date, as well as persons insured after January 1, 2008, find themselves in a better position than persons in whose interests such contracts signed before January 1, 2008, but insurance premiums before the specified date were not paid by employers in full.

Thus, paragraph 1 of Article 3.1 of the Federal Law of July 24, 2007 No. 216-FZ "On Amendments to Part Two of the Tax Code of the Russian Federation and Certain Other Legislative Acts of the Russian Federation" (hereinafter - Law No. 216-FZ), as establishing on the transitional period, the procedure for calculating and paying personal income tax under voluntary long-term life insurance contracts concluded before January 1, 2008 in favor of insured persons by their employers does not comply with the Constitution of the Russian Federation, its Articles 19 (parts 1 and 2) and 57, insofar as what it allows for the possibility of including in the tax base the amounts of insurance payments under these agreements, providing for the payment of insurance premiums by the employer both before January 1, 2008, and after this date.

Until the relevant amendments are made to clause 1 of Article 3.1 of Law No. 216-FZ for all voluntary long-term life insurance contracts concluded before January 1, 2008, the previous procedure for taxation of insurance premiums and insurance payments should be in force: insurance premiums transferred from employers' funds to insurance companies in the interests of insured individuals are subject to personal income tax regardless of the term of their payment, and insurance payments in favor of insured individuals are exempt from taxation. The provisions of Article 213 of the Tax Code of the Russian Federation in the current edition, according to which personal income tax is not taxed on insurance premiums, but on insurance payments, are to be applied when determining the tax base only for those voluntary long-term life insurance contracts concluded after January 1, 2008 (Resolution No. 18- NS).

Receiving social tax deduction

According to subparagraph 4 of paragraph 1 of Article 219 of the Tax Code of the Russian Federation, when determining the size of the tax base for personal income tax, a taxpayer has the right to receive a social tax deduction, in particular, in the amount of insurance premiums paid by him in the tax period under a voluntary life insurance contract (contracts), if such contracts are concluded for a period of at least five years. This (s) contract (s) may (may) be ( including adopted children under guardianship (guardianship) .The specified deduction is provided in the amount of actually incurred expenses, but not more than 120,000 rubles in the tax period (paragraph 2 of Article 219 of the Tax Code of the Russian Federation).

If a taxpayer has, in one tax period, expenses for training, medical services, expenses under the contract (contracts) of non-state pension provision, under the contract (contracts) of voluntary pension insurance, under the contract (contracts) of voluntary life insurance (if such contracts are concluded for a period at least five years) and on the payment of additional insurance contributions for the funded part of the labor pension in accordance with the Federal Law of April 30, 2008 No. 56-FZ "On additional insurance contributions for the funded portion of the labor pension and state support for the formation of pension savings" by the taxpayer independently, including when contacting a tax agent, chooses which types of expenses and in what amounts are taken into account within the maximum amount of social tax deduction (120,000 rubles).

Social tax deduction is provided upon submission of a tax return to the tax authority by the taxpayer at the end of the tax period. Note that this deduction can also be provided to the taxpayer before the end of the tax period when he contacts the employer, provided that the taxpayer's expenses are documented in accordance with subparagraph 4 of paragraph 1 of Article 219 of the Tax Code of the Russian Federation and provided that contributions under a voluntary life insurance contract (if such contracts are concluded for a period of at least five years) were withheld from payments in favor of the taxpayer and were transferred to insurance organizations by the employer.

At first glance, Article 219 of the Tax Code of the Russian Federation allows citizens to issue a tax deduction for life insurance with a mortgage and return to the borrower 13% of personal income tax, which was paid from salaries. But a detailed study of this article indicates the presence of important nuances.

The essence of insurance compensation

The purchase of an apartment, as well as subsequent payments on the loan, greatly burdens the general family budget. Therefore, the state offers borrowers assistance in the form of compensation for life insurance costs when applying for a mortgage.

A tax deduction is due to any person who has entered into a life insurance contract on the terms specified in the law. The availability of a loan is not a definitive condition for receiving government assistance.

The amount of compensation for the insurance contract

The actual amount of money that the borrower can return to his bank account depends on the terms of the insurance contract and the official salary received.

Social tax deduction cannot exceed the amount of personal income tax paid for the last year. The maximum amount of state compensation is 13% of income tax, but it cannot exceed 120,000 rubles for the reporting period.

Example. Kononenko A.P. paid the state in 2016, 81,000 rubles of personal income tax and entered into an insurance contract in the amount of 45,000 rubles a year. The amount of the due tax refund will be: 45,000 * 13% / 100% = 5850 rubles.

Who Can Get Government Assistance?

Citizens of the Russian Federation who have drawn up an insurance contract with a mortgage have the right to return personal income tax for life insurance on a mortgage, subject to the following conditions:

1. The minimum term of the insurance contract is 5 years.
2. The contract must insure the life of the citizen.
3. The beneficiaries under the insurance contract must be registered as the borrower, the borrower's children, spouse or parents.
4. The insured worked the previous year and paid personal income tax to the state.

Banks protect not only borrowers from risks with insurance contracts, but also themselves, therefore, the beneficiaries of such contracts with a mortgage loan are forced to indicate a banking institution. In this case, the borrower cannot receive a tax deduction for life insurance.

Family members with a mortgage can additionally insure themselves with an insurance company and receive a tax deduction. In this case, it is advisable to indicate children or parents as beneficiaries.

To receive a tax deduction from life insurance on a mortgage, it is not enough to meet the required requirements, because you still need to collect documents and go through a bureaucratic procedure.

Algorithm for obtaining a deduction

After paying for the life insurance contract, a person can proceed to the procedure for obtaining state compensation. For this, the citizen is invited to go through the following path:

1. Collect all documents. The fulfillment of this condition will not complicate, because almost all the necessary papers for applying to the State Tax Inspectorate should already be with you. The full list of documents required by the tax service will be discussed below.
2. Fill in the State Tax Inspectorate with a declaration in the form of 3-NDFL and an application for tax compensation. Correctly filling out the 3-NDFL form for a tax refund for life insurance with a mortgage is a difficult task, therefore it is advisable to do this at the tax office. STI employees can provide samples for filling out this form and suggest how to fill out the lines. It is preliminary recommended that you familiarize yourself with the form of documents on the official website of the Federal Tax Service.
3. Submit all completed documents to the tax office. Choosing between personal filing of documents and sending them by mail, it is better to give preference to the first option. Situations are different, and the tax inspector will immediately check the package of documents and tell you what else you may need.
4. Receive a written notification from the State Tax Inspection with the result of the consideration of the documents. Within a month, the tax authorities will send a written response about the possibility of a citizen receiving a tax deduction from mortgage insurance. Delivery of mail messages is up to 10 days. If the decision is positive, the money must be transferred to the policyholder within 30 days.

When checking the submitted documents, a person can be invited to the tax office to clarify the specified data. The sooner the issues that have arisen are resolved, the faster you can get the expected amount of money.

Required documents

With life insurance, the simplest package of documents is collected when compared with other procedures for obtaining personal income tax compensation. The final package of documents provided to the tax inspector must include:

1. Applicant's passport.
2. Tax returns 3-NDFL for those years that will be taken into account to calculate the amount paid.
3. Certificate from the accounting service of the enterprise about the employee's income in the form of 2-NDFL.
4. Application with bank account data for transferring the amount of tax deduction.
5. Financial receipts, receipts confirming the payment of the contract.
6. Life insurance contract.
7. A copy of a valid insurance company license.

There is no need to submit credit and mortgage agreements to the tax service.

Statute of limitations for registration of assistance

It does not matter if a citizen comes to the tax inspector in order to issue compensation for insurance a year or two after the execution of a life insurance contract. Registration of a tax deduction can take as long as three years. Therefore, a person can receive a tax deduction from mortgage insurance in 2017, even if the payment under the insurance contract was made in 2015.

You can receive tax compensation for personal income tax when taking out life insurance every year throughout the entire validity of the insurance contract, but not forgetting about legal restrictions.

Taxation of personal income arising from insurance is aimed both at stimulating socially significant types of insurance and at preventing the possibility of obtaining unjustified tax benefits. The inconsistency of these tasks complicates the tax rules and requires a careful study of the following aspects: the specifics of determining the tax base for insurance contracts, the provision of social deductions for insurance costs, the "recovery" of tax that was previously unpaid (or returned) in connection with the receipt of the deduction. The article discusses the main aspects of calculating personal income tax under insurance contracts.

Norms of the current legislation

Insurance organizations are tax agents for personal income tax for both employees and insured persons. As you know, the object of tax is income received by tax residents of the Russian Federation from sources in the Russian Federation and abroad, for non-residents - income from sources in Russia. The list of income for tax purposes is established Art. 208 Tax Code, income not subject to taxation, - Art. 217 of the Tax Code of the Russian Federation.

Table 1

Income of individuals under insurance contracts

Income for tax purposes	Income not taxable
from sources in the Russian Federation
insurance payments in the event of an insured event, including periodic insurance	one-time and urgent pension payment, carried out in the manner prescribed
payments (annuities, annuities); payments related to the participation of the policyholder in the investment income of the insurer; redemption sums received from a Russian organization or from a foreign organization in connection with the activities of its separate subdivision in the Russian Federation ( nn. 2 p. 1 art. 208 Tax Code)	Federal Law of 30.11.2011 No.360-FZ "On the procedure for financing payments from pension savings"(clauses 53 and 54 of Art. 217 of the Tax Code of the Russian Federation)
pensions received by a taxpayer in accordance with the current Russian legislation or received from a foreign organization in connection with the activities of its separate subdivision in the Russian Federation ( nn. 7 p. 1 of Art. 208 Tax Code)	state pensions and labor pensions, social supplements to pensions paid in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation ( clause 2 of Art. 217 of the Tax Code of the Russian Federation)
payments to the successors of deceased insured persons in cases stipulated by the legislation of the Russian Federation on compulsory pension insurance ( nn. 9.1 clause 1 of Art. 208 Tax Code)	the amount of pension savings accounted for in the special part of the individual personal account and in the pension account of the funded part of the labor pension in the non-state pension fund, paid to the legal successors of the deceased insured person ( clause 48 of Art. 217 of the Tax Code of the Russian Federation)
from sources outside the Russian Federation
insurance payments upon the occurrence of an insured event received from a foreign organization ( nn. 2 p. 3 art. 208 Tax Code)	-
pensions received by a taxpayer in accordance with the legislation of foreign states ( nn. 7 p. 3 art. 208 Tax Code)	-

Note that there are no insurance premiums for the insured person in the income for tax purposes.

Specifics of determining the tax base under insurance contracts

The procedure for determining the tax base under insurance contracts is established Art. 213 of the Tax Code of the Russian Federation, from which it follows that when calculating personal income tax, it is necessary to take into account:

• type of insurance contract. So, payments are subject to personal income tax under voluntary property insurance contracts, and insurance payments to an individual under contracts of compulsory and some types of voluntary insurance are not subject to personal income tax in full, or only the amount of the insurance payment is taxed in excess of the insurance premium increased by a certain average market yield;
• the need in cases of early termination of the insurance contract to include in the calculation of the tax base insurance contributions, in the amount of which the taxpayer previously received social deductions;
• the legislative requirement (currently very limited) to tax personal income tax not only payments, but also insurance premiums in cases where insurance premiums are made for the taxpayer by other persons.

Insurance payments, both taxable and non-taxable with personal income tax, are presented in table 2.

Legend:

NB - the tax base for personal income tax;

• SV - the amount of insurance payment;
• ВЗ - paid insurance premiums;
• ВЗi - the amount of insurance premiums paid from the date of the conclusion of the insurance contract to the day of the end of each year of the contract;
• ВЗ 1 - the amount of insurance contributions paid by an individual under a voluntary pension insurance contract for each calendar year in which the taxpayer used the right to receive a social tax deduction specified in nn. 4 p. 1 of Art. 219 of the Tax Code of the Russian Federation;
• R is the average annual refinancing rate of the Central Bank of the Russian Federation, determined as a quotient from the division of the amount obtained as a result of adding the refinancing rates in effect on the 1st day of each month of the year of the insurance contract by the number of summed refinancing rates;
• D - income received by the taxpayer upon termination of the contract;
• Р - market value of the insured property as of the date of the conclusion of the insurance contract (the date of occurrence of the insured event);
• R rem. - expenses for the repair of damaged insured property according to the data of the insurer or an independent expert.

table 2

Insurance payments, taxable and non-taxable personal income tax

Type of contract	Conditions under which insurance payments are not subject to personal income tax	Tax bases and conditions under which insurance payments are subject to personal income tax
Compulsory insurance ( nn. 1 p. 1 of Art. 213 of the Tax Code of the Russian Federation)	Payments are made in the manner prescribed by the legislation of the Russian Federation	-
Voluntary life insurance (insurance premiums are paid by the taxpayer) ( nn. 2 p. 1 art. 213 of the Tax Code of the Russian Federation)	The payment is related to the survival of the insured person to a certain age or period; the payment does not exceed the amount of contributions, increased by the amount of normal profitability: SV ≤ (ВЗ + ∑ ВЗi х R / 100)	If: SV> (ВЗ + ∑ ВЗi x R / 100), then: НБ = CB - (ВЗ + ∑ ВЗi x R / 100)
		In case of early termination of the contract * and return to individuals of the cash (redemption) amount in accordance with the insurance rules and the terms of the contract: NB = D - OT; from 01.01.2015: NB = (D - OT) + OT 1
Voluntary personal insurance ( nn. 3 p. 1 art. 213 of the Tax Code of the Russian Federation)	The contract provides for payments in case of death, injury to health, reimbursement of medical expenses of insured persons	The agreement provides for the payment of the cost of sanatorium vouchers
Voluntary pension insurance (the contract was concluded by an individual in his favor) ( nn. 4 p. 1 of Art. 213 of the Tax Code of the Russian Federation)	Payment received upon the occurrence of pension grounds in accordance with the legislation of the Russian Federation	In case of early termination of the contract * and return to individuals of the cash (redemption) amount in accordance with the insurance rules and the terms of the contract: NB = (D - OT) + OT 1
An insurance contract for an individual, according to which insurance premiums are paid from the funds of an organization or an individual entrepreneur	The amount of contributions under compulsory insurance contracts, voluntary personal insurance or voluntary pension insurance	Under other agreements: NB = OT
Voluntary property insurance ( paragraph 4 of Art. 213 of the Tax Code of the Russian Federation)	-	In case of death or destruction of the insured property: NB = SV - (R + OT). In case of damage to the insured property: NB = SV - (R rem. + VZ)

* Except in cases of termination of the insurance contract for reasons beyond the control of the parties.

Under a voluntary property insurance contract, the taxpayer must confirm the amount of expenses incurred (R rem.). The validity of the costs necessary for the repair of the insured property, if the repair was not carried out, is confirmed by a document drawn up by the insurer or an independent expert (appraiser). The justification for the costs of the repair (restoration) of the insured property is confirmed by the following documents:

• an agreement (a copy of the agreement) on the performance of the relevant work (on the provision of services);
• documents confirming the acceptance of the work performed (services rendered);
• payment documents drawn up in accordance with the established procedure, confirming the fact of payment for work (services).

Income taxable under insurance contracts is taxed at a rate of 13%. The tax must be withheld by the insurance company as a tax agent as a source of payment. Withholding from the taxpayer the accrued tax amount is made by the tax agent at the expense of any monetary funds paid to the taxpayer by the tax agent. For example, at the expense of the amounts of the insurance payment or the redemption amount, while the withholding tax amount cannot exceed 50% of the payment amount. If it is impossible to withhold personal income tax, the tax agent is obliged, no later than one month from the end of the tax period, to inform the taxpayer and the tax authority at the place of his registration of the impossibility of withholding tax and the amount of tax.

Special rules are established for insurance contracts, according to which insurance premiums are paid for individuals by organizations or individual entrepreneurs ( clause 3 of Art. 213 of the Tax Code of the Russian Federation). The tax base under such contracts in different periods of time included both insurance payments and the income of the taxpayer in the form of the amount of insurance contributions made for him by the employer or another person. Changes in taxation rules are shown in Table 3.

Table 3

Taxation of income under insurance contracts, contributions for which were paid for the taxpayer by other persons

Contract	Basis - Federal Law	Insurance premiums	Insurance payments
Compulsory insurance	No. 216-ФЗ dated 24.07.2007	Not taxed	Not taxed
Voluntary personal insurance	No. 216-ФЗ dated 24.07.2007	Not taxed	Payments in case of death, injury to health and reimbursement of medical expenses are not taxed, with the exception of payment for the cost of spa treatment
Voluntary pension insurance	No. 57-ФЗ dated May 29, 2002	Are taxed	Not taxed
	No. 204-FZ dated December 29, 2004	Not taxed	Pensions are taxed under non-state pension agreements
Other insurance contracts	No. 216-ФЗ dated 24.07.2007	Are taxed	Are taxed

In accordance with the current edition clause 3 of Art. 213 of the Tax Code of the Russian Federation the tax base includes the amount of insurance contributions if the said contributions are paid for individuals from the funds of employers - organizations and individual entrepreneurs or other persons, except for cases when insurance is made under compulsory insurance contracts, voluntary personal insurance contracts and voluntary pension insurance contracts.

The organization has entered into a liability insurance contract for directors and officers, in accordance with which the organization pays insurance premiums. Do insured persons receive income subject to personal income tax in the form of insurance premiums paid by the organization?

The current legislation of the Russian Federation does not contain requirements for compulsory liability insurance of persons holding managerial positions. In accordance with the provisions Art. 4 of the Law of the Russian Federation of 27.11.1992 No.4015-1 "On the organization of insurance business in the Russian Federation" property interests associated with the obligation to compensate for harm caused to other persons are not the object of personal insurance. Thus, based on clause 3 of Art. 213 of the Tax Code of the Russian Federation insurance payments paid by an organization under contracts of liability insurance of officials are subject to personal income tax. To determine the size of the tax base for each taxpayer, it is necessary to personify the amount of insurance premiums paid for each insured person.

The same conclusion is presented in Letter of the Ministry of Finance of the Russian Federation dated 01.04.2013 No.03‑04‑06/10402 .

At the same time, tax experts express the opposite opinion, noting that with liability insurance, the insured persons do not have income, the income in the form of insurance payments is received by the insured.

Insurance premiums are not subject to personal income tax under voluntary personal insurance contracts ( clause 3 of Art. 213 of the Tax Code of the Russian Federation) and insurance payments in case of death, injury to health and (or) reimbursement of medical expenses of the insured person, with the exception of payment of the cost of spa treatment ( nn. 3 p. 1 art. 213 of the Tax Code of the Russian Federation).

Insurance contributions are not subject to personal income tax under voluntary pension insurance contracts. However, when determining the tax base, the amounts of pensions to individuals are taken into account, paid under contracts of non-state pension provision, concluded by organizations and other employers in favor of individuals ( clause 2 of Art. 213.1 of the Tax Code of the Russian Federation). Until 2005, personal income tax was paid by employers making contributions under voluntary pension insurance contracts, since January 1, 2005, the procedure has changed and personal income tax began to be calculated from the amount of the pension that is paid to the insured person. Due to the fact that the transition period from one rule to another was not provided, double taxation arose for those individuals who paid tax on insurance premiums and were forced to pay tax on the amounts of insurance payments. Constitutional Court in Decree of 12/25/2012 No.33-P declared unconstitutional Art. 213.1 of the Tax Code of the Russian Federation and pointed out: pending the introduction of amendments to the legislation, this tax on the amounts of pension payments should not be withheld and paid.

A similar situation has developed with regard to the taxation of insurance payments under voluntary long-term life insurance contracts. According to the current legislation, life insurance contracts are personal insurance contracts, therefore, they are subject to the provision clause 3 of Art. 213 of the Tax Code of the Russian Federation that excludes from the tax base the contributions of employers and other persons for the insured person. Payments under a life insurance contract, if, under the terms of the contract, insurance premiums are paid by a non-taxpayer, personal income tax should be taxed in accordance with nn. 2 p. 1 art. 213 of the Tax Code of the Russian Federation... At the same time, unlike life insurance contracts, under which insurance premiums are made by the taxpayer, the entire amount of the insurance payment is taxed under the contracts under consideration. Such rules are established Federal Law No. 216-ФЗ dated July 24, 2007 "On Amendments to Part Two of the Tax Code of the Russian Federation and Some Other Legislative Acts of the Russian Federation" (hereinafter - Federal Law No.216-FZ). Until 2008, a different procedure was in force: when determining the tax base for personal income tax, income received in the form of insurance payments in connection with the occurrence of an insured event under long-term life insurance contracts concluded for a period of at least five years was not taken into account.

Personal insurance contracts may provide for the possibility of obtaining additional income in addition to insurance payment in the event of an insured event.

The organization entered into a life insurance contract in favor of its employees, the contributions for which were paid by the organization before January 1, 2008. The terms of the insurance contract upon the occurrence of an insured event, in addition to the payment of the sum insured, provide for the payment of additional investment income. Are the amounts of accumulated investment income subject to personal income tax?

The provisions Art. 213 of the Tax Code of the Russian Federation, regardless of the entry into force of the changes made Federal Law No.216-FZ, provide for exemption from personal income tax exclusively for insurance payments, exemption from taxation of other payments, in particular, the amounts of accumulated investment income under voluntary life insurance contracts, the Tax Code of the Russian Federation is not provided.

Social tax deductions in the amount of paid insurance premiums

According to Art. 219 of the Tax Code of the Russian Federation A taxpayer (individual) has the right to reduce its tax base for personal income tax (income) by amounts paid, including for certain types of insurance. Deductions are made only from income taxed at a tax rate of 13%, excluding income from equity participation.

Social deduction is provided for the amount of insurance contributions paid by the taxpayer during the tax period for the formation of the funded part of the labor pension, as well as under agreements:

Deduction for the amount of insurance premiums paid by the taxpayer under voluntary personal insurance contracts , as well as under voluntary insurance contracts for a spouse, parents, children (under the age of 18), wards (under the age of 18) is provided as part of the cost of treatment. To receive a deduction for the amount of insurance premiums, the following conditions must be met ( nn. 3 p. 1 art. 219 of the Tax Code of the Russian Federation):

• the contract must be concluded with insurance companies that have licenses for the relevant type of activity;
• the contract must provide for payment by insurance organizations exclusively for treatment services;
• treatment is carried out in medical organizations and individual entrepreneurs who have licenses to carry out medical activities, issued in accordance with the legislation of the Russian Federation;
• the taxpayer has submitted documents confirming the actual costs of paying insurance premiums;
• expenses were paid at the expense of the taxpayer's own funds, and not at the expense of the employer.

If the contract provides for the payment of expenses other than treatment costs, then a social deduction for the amount of insurance premiums cannot be provided. For example, in accordance with a mortgage lending agreement, an individual borrower must conclude a voluntary personal life and health insurance agreement, including against accidents. In the event of an accident, the policyholder undertakes to pay the costs of medical treatment of the insured, as well as to pay a certain amount to the beneficiary, who is the bank under the insurance contract. Death and disability of the insured person are also provided for as insured events. Since the personal insurance contract provides, in addition to payment for the treatment of the insured person, also payments in favor of the bank in case of disability or death of the insured, this contract does not meet the requirements established nn. 3 p. 1 art. 219 of the Tax Code of the Russian Federation... Consequently, the amount of insurance premiums cannot be the basis for obtaining a social deduction.

Social deduction can be provided in the amount of insurance premiums paid by the taxpayer during the tax period under a voluntary pension insurance contract , concluded by a taxpayer with an insurance organization in his own favor and in favor of his spouse, parents, disabled children ( nn. 4 p. 1 of Art. 219 of the Tax Code of the Russian Federation).

Federal Law No.382-FZ v nn. 4 p. 1 of Art. 219 of the Tax Code of the Russian Federation amendments were made, according to which, starting from 2015, the social deduction can be provided in the amount of insurance premiums paid by the taxpayer during the tax period under a voluntary life insurance contract , if such contracts are concluded for a period of at least five years, concluded with an insurance organization in their favor, in favor of a spouse, parents, children (including adopted children under guardianship (guardianship)).

The taxpayer has entered into a voluntary life insurance contract for 2015 - 2019, the annual insurance premium is 50,000 rubles. Can he get a social tax deduction?

The taxpayer has the right to apply to the tax authority at the place
residence or to your employer to receive a social deduction in the amount of 50,000 rubles. The refund of personal income tax will be 6,500 rubles. annually (50,000 rubles x 13%).

The basis for the social tax deduction is the documents confirming the actual expenses of the taxpayer on voluntary pension insurance, voluntary life insurance. In the same manner, a deduction is provided in the amount of paid pension contributions under a non-state pension agreement.

Social deduction has been applied since 2009 in the amount of additional insurance contributions paid by the taxpayer for the funded part of the labor pension in accordance with Federal Law of 30.04.2008 No. 56-FZ "On additional insurance contributions for the funded part of the labor pension and state support for the formation of pension savings."

The total amount of social deductions is provided in the amount of actual expenses, but cannot exceed 120,000 rubles in aggregate. for the tax period. Social deductions are provided by the tax authority on the basis of a declaration and a package of documents confirming the taxpayer's right to deductions. Social deductions for expenses for non-state pension provision, voluntary pension insurance, voluntary life insurance can be provided to the taxpayer by the employer before the end of the tax period, subject to the following conditions:

• documentary evidence of the taxpayer's expenses for the specified purposes;
• withholding contributions from payments in favor of the taxpayer and transferring them to the appropriate funds by the employer;
• a taxpayer's appeal to an employer with an application for a social deduction.

Recovery of unpaid (refunded) tax

It should be borne in mind that in the event of termination of voluntary pension insurance, voluntary life insurance contracts and the return to an individual of the monetary (redemption) amount, the amount of which is provided for by the contract, the individual will have an object of taxation equal to the income received minus the insurance premiums paid by the taxpayer. Such a rule is established nn. 4 p. 1 of Art. 213 of the Tax Code of the Russian Federation... Personal income tax in this case is withheld by the insurance organization as a tax agent. If the taxpayer was previously provided with a social deduction for the amount of paid insurance premiums, then the insurance organization, when paying the redemption amount to an individual, is obliged to restore, that is, return to the budget the tax that was not withheld (or returned to the taxpayer) in connection with the provision of the social deduction.

Example 4.

Suppose that in example 3 the taxpayer took advantage of the social deduction in the amount of RUB 50,000. at the end of 2015 and returned personal income tax in the amount of 6,500 rubles. Subsequently, the contract was terminated. The redemption amount was 60,000 rubles. How much should an insurance company withhold tax?

When paying the redemption amount, the insurance organization is obliged to withhold tax in the amount of RUB 7,800. (((60,000 - 50,000) + 50,000) x 13%).

If the taxpayer submitted a certificate issued by the tax authority confirming that he did not receive a social deduction, then the tax will be 1,300 rubles. ((60,000 - 50,000) x 13%).

Life Insurance Tax Deduction: Who Can Get It and How?

The life insurance tax deduction is becoming as popular as, for example, medical treatment or education. Often people themselves seek to insure their own life or health on a voluntary basis, and some are forced to take such a step.

For example, for a loan, or rather for its approval in providing or not increasing the loan rate, insurance is issued by a person of his life. Thus, the banking organization provides guarantees for the return of funds.

Citizens in the modern period are interested in accumulative types of insurance, namely, the payment by the insurer not only on the fact of death, but also in the presence of other reasons - the performance of certain years and others. The article will tell you how to get a tax deduction for life insurance, what is needed, what the largest amount of funds should be counted on.

Under what conditions can you claim

After the start of the transformations in 2015, it is allowed to receive a benefit from the state through a refund when paying taxes for life insurance. This provision is fixed in Art. 219 of the Tax Code of the Russian Federation.

Compensation is considered socially oriented and is provided if the following factors are present:

• voluntary insurance agreement was concluded with the insurer for a period of at least 5 years. In 2016 Komkova E.G. signed an agreement with the insurer for a period of 2 years. That is, a woman is not entitled to subsequently use the prerogative of receiving a refund for payments, since the duration of the action does not comply with the statutory;
• the agreement was concluded for personal benefit or for the spouse, parents, children. The compensation applies to both an adopted child and a blood child. An important point here is the absence of an age limit for children. That is, it is possible to issue a refund for an adult offspring. For example, Sidorov made contributions for his 20-year-old son, after which he submitted a package of documents with an application to the tax office. He received the deduction.

Only officially employed persons who donate tax funds to the state treasury have the right to apply for the privilege.

The following applicants will be denied a refund of part of the costs:

1. Students who receive only scholarship payments.
2. Pensioners living exclusively on pension benefits.
3. Non-working women on maternity leave.
4. If all costs were incurred by the employer and not by the employee.
5. An individual who used only maternity capital funds for payment.

The subtleties of calculating the amount of payment

When calculating the estimated amount of payments, the following factors should be taken into account:

• no more than RUB 15,600 is subject to return. Since the marginal amount of costs should not exceed 120 thousand. In fact, the individual will receive 13% of them. So, in 2017, Simonova fixed an agreement with the insurer for a 6-year period. In the same year, the volume of payments reached 89,000 rubles. She transferred to the state treasury for 52 thousand per year. She will be able to receive 89000 × 13/100 = 11570;
• the maximum volume covers not only the possibility of obtaining a refund on insurance, but also other social deductions - treatment, training and others. That is, in total for all 120 thousand. Even if you spent more than the designated threshold, you will be able to return only 15,600 for all types of compensation together. Belyakov paid for his studies at a driving school in 2016 in the amount of 52 thousand and insurance payments amounted to 100 thousand. But he can only claim 120 thousand for reimbursement;
• it is impossible to return more funds than transferred to the budget. Stroganova in 2017 gave 78 thousand for insurance. The woman worked for a month and went on maternity leave. 5200 RUB transferred from her monthly salary for tax. She will be able to draw up this amount at the inspection, but she will not be able to get the remainder. Because the amounts for social deductions are not carried over to the future period.

If the contract is combined

Often, an agreement is concluded not only regarding life, but also a person is insured against threatening accidents or ailments. According to clauses 4, clause 1. Article 219 of the Tax Code of the Russian Federation, the deduction is allowed to be issued exclusively on the fact of life insurance. The RF Ministry of Finance adheres to a similar position.

If a person has a similar agreement, then in order to determine the amount of contributions aimed at life insurance, you need to contact the insurance company for an extract. It indicates the entire volume of payments and is divided into categories.

For example, Saveliev, when applying for a loan, also entered into a combined agreement with an insurer. In 2017, he applied for a deduction and provided an extract from the company, according to which it turned out that the man had paid 30,000 rubles for life insurance throughout the year, and 13 thousand for other types. payment.

Is there a mortgage benefit

The mortgage loan is the longest available. Accordingly, the banking organization bears a huge risk of non-receipt of the issued funds. To exclude such situations, the lender, when registering a mortgage, puts forward the borrower's insurance as one of the conditions.

In this case, a mixed type of insurance is used, consisting of both guarantees of personality and property safety. In order to clarify the emerging issues, the Ministry of Finance explains that compensation for insurance premiums is not provided to a person in this case. The position is explained by the fact that under the mortgage and related agreements, the recipient is the bank, but not the citizen.

Sviridov issued a mortgage in 2015, and with it an agreement on life, property and other insurance. By paying the dues, I was counting on the return of part of the expenses at the end of the year. But the Federal Tax Service refused him, because a credit institution is considered the recipient under the agreement. A man has the right to receive a deduction for interest and upon payment of the loan.

Required Documentation

When applying for transfers, the authorized body must submit:

1. Income declaration 3-NDFL. It contains information about income.
2. Identification. First pages and registration.
3. Help 2-NDFL. Taken from the management of the enterprise where the person works. It records information about the employer - the name of the organization, details, information about the employee - personal data, the amount of salary, how much money is transferred to the budget in total and monthly.
4. Claim for reimbursement. With the indication of the personal account data, to which one would like to transfer.
5. Agreement with the insurer. A duly certified duplicate.
6. Company permission to carry out activities of this kind. If the license number is indicated in the agreement, then it is not necessary to provide it additionally.
7. Documents confirming the payment - checks, receipts, receipts and expenditures, bank statements. Or ask the organization to issue a certificate of contributions made.

It is impossible to unequivocally answer the question of what documents are needed for insurance for 5 years. As each individual case may require an extended list of documentation. For example, when registering a privilege upon payment for parents, the applicant's birth certificate will be added to the above list, a duplicate of his certificate for a child, and a marriage paper for a spouse.

As it becomes clear from the list, originals or certified duplicates of documents are submitted to the IFTS. According to the current legislation, certification takes place either through a notary or independently by the payer.

The second method of certification assumes on each page of the paper the presence of the inscription "Copy is correct", signature and its decoding, date.

If the agreement date is earlier than the specified date

The transformation of legislation took place only in January 2015. However, what about the people who signed the agreement earlier.

The opinion of the Federal Tax Service is that people have the right to apply for a benefit if there are the following grounds:

• the agreement is valid for more than 5 years;
• application is only permitted for payments made since 2015, but not earlier.

Svetlakova in 2013 entered into a life insurance contract for 8 years. After the changes were made, she began to apply for the return of part of the funds and she was not denied this.

When to submit and when to expect transfers

It is allowed to receive a refund only for the time when the costs were directly incurred. It is possible to submit documentation for the next tax period, after the onset of the grounds for receipt. For example, payment was made in 2016, and the accrual will be only in 2017.

ATTENTION!!! As for the duration of the decision by the authorized institution to transfer funds, this is not at all fast. Only within 3 months from the date of submission, the documentation is checked. And the return is carried out from 2 weeks to 30 days after an affirmative decision is made.

Such a long process of reimbursement when registering through the Federal Tax Service. Faster deadlines when submitting documents directly through the employer. In the accounting department of the enterprise, a notice is brought from the tax office, containing a permit for payment and a completed application for a refund. In the first case, they will transfer the entire amount at once, in the second - in part, every month. That is, you will receive an increased salary without levying income tax until the entire amount is used up.

In any case, it is worth claiming the benefits provided by the state, since, albeit in small amounts, there is a gradual replenishment of the family budget. The procedure is not complicated and the list of documentation is quite realistic for self-collection. It is important to fill in the income declaration correctly, but here you can always contact an inspection officer for help.