All about the material benefits of loans for individual entrepreneurs. How to calculate personal income tax and insurance premiums from material benefits when granting a loan to an employee

21.05.2010
Russian Tax Courier magazine

In determining tax base for personal income tax, all income of an individual received by him during the tax period (calendar year) both in cash and in kind, including income in the form material benefits... This is stated in paragraph 1 of Article 210 Tax Code.

The specifics of calculating the tax base for personal income tax in the case of receiving income in the form of material benefits are established in Article 212 of the Tax Code of the Russian Federation. One of the types of material benefits subject to personal income tax is the material benefit from savings on interest for the taxpayer's use of borrowed (credit) funds received from organizations or individual entrepreneurs.

This type of income is subject to personal income tax at a rate of 35% if an individual is a tax resident of the Russian Federation (clause 2 of article 224 of the Tax Code of the Russian Federation). Taxpayers who are not recognized as tax residents of the Russian Federation pay income tax in the form of material benefits from savings on interest at a rate of 30% (clause 3 of article 224 of the Tax Code of the Russian Federation). Recall that tax residents are individuals who are actually located in Russian Federation not less than 183 calendar days within 12 consecutive months (clause 2 of article 207 of the Tax Code of the Russian Federation).

General rules for calculating income in the form of material benefits from savings on interest

The material benefit from saving on interest for the taxpayer's use of borrowed (credit) funds received by him from organizations or individual entrepreneurs is determined (clause 2 of article 212 of the Tax Code of the Russian Federation):

• for ruble loans (credits) - as an excess of the amount of interest for the use of borrowed (credit) funds, calculated based on 2/3 of the current refinancing rate established by the Bank of Russia as of the date of actual receipt of income by the taxpayer, over the amount of interest calculated under the terms of the loan agreement ( loan agreement);
• on loans (credits) in foreign currency- as an excess of the amount of interest for the use of borrowed (credit) funds, calculated based on the rate of 9% per annum, over the amount of interest calculated under the terms of the loan agreement (credit agreement).

In other words, taxable income in the form of material benefits from savings on interest on the use of borrowed funds, expressed in rubles, arises from the borrower in two cases. First, if the terms of the loan agreement (credit agreement) provide for the payment of interest at a rate that is less than 2/3 of the refinancing rate of the Bank of Russia. Secondly, if the issued loan (loan) is interest-free.

Similarly, income in the form of material benefits from savings on interest on the use of a loan (credit) in foreign currency arises upon receipt of the specified loan (credit) at an interest rate of less than 9% per annum, as well as in the case of issuing an interest-free loan (credit) in foreign currency.

Please note: based on the provisions of Article 212 of the Tax Code of the Russian Federation, the material benefit from savings on interest for the use of borrowed (credit) funds is calculated only when a loan (credit) is received in cash - in rubles or foreign currency. If the subject of the loan agreement is not money, but any other property, the material benefit from savings on interest for calculating personal income tax not defined.

Date of receipt of income

The date of actual receipt of income in the form of material benefits from savings on interest for the use of borrowed (credit) funds is considered interest payment day on a loan (credit). This is established in subparagraph 3 of paragraph 1 of Article 223 of the Tax Code of the Russian Federation.

This rule applies to loans (credits) denominated in any currency - rubles, US dollars, euros, etc. In other words, when calculating the material benefit on ruble loans (credits), you should use the refinancing rate of the Bank of Russia in effect on the date of actual interest payment.

The procedure for determining the date of receipt of income in the form of material benefits for interest-free loan not established in the Tax Code. It can be assumed that the date of receipt of such income is one of the following dates:

• the last day of validity of the loan (credit) agreement;
• maturity date ( partial repayment) an interest-free loan (credit);
• every day of validity of the loan (credit) agreement during the tax period;
• the last day of the tax period.

According to the Ministry of Finance of Russia, the date of actual receipt of income in the form of material benefits from savings on interest for using an interest-free loan (credit) should be considered return date a taxpayer of borrowed (credit) funds. These clarifications are given in the letters of the Ministry of Finance of Russia dated April 14, 2009 No. 03-04-06-01 / 89, dated July 17, 2009 No. 03-04-06-01 / 175 and dated January 22, 2010 No. 03-04-06 / 6- 3. Thus, to calculate the amount of savings on interest on an interest-free loan, you need to use the refinancing rate of the Bank of Russia established on the date of the actual repayment of the loan amount.

If the borrower returns the amount of the interest-free loan (loan) in parts, income in the form of material benefits from savings on interest, subject to personal income tax, arises from him for each date of partial return of borrowed (loan) funds.

However, the Russian Ministry of Finance later came to a different conclusion. In a letter dated 01.02.2010 No. 03-04-08 / 6-18, the financial department indicated that if during the tax period (calendar year) the borrower did not pay the lender (lender) interest on the loan (credit), then in this tax period from the borrower there is no income in the form of material benefits taxed with personal income tax. In support of this position, the following arguments are given. According to subparagraph 3 of paragraph 1 of Article 223 of the Tax Code of the Russian Federation, the date of actual receipt of income in the form of material benefit is the date of payment by the taxpayer of interest on the borrowed (credit) funds received. The Tax Code does not contain provisions providing for the determination of the tax base for personal income tax in relation to income in the form of material benefits at other times.

In other words, in the case of receiving an interest-free loan (credit), the taxpayer does not receive income in the form of material benefit from savings on interest, and, therefore, he is not obliged to pay personal income tax from the amount of material benefit.

According to the author, the position of the Ministry of Finance of Russia expressed in the above letter is at variance with the provisions of Article 212 of the Tax Code of the Russian Federation. Indeed, in subparagraph 1 of paragraph 1 of this article, cases are listed when the material benefit from savings on interest is exempt from personal income tax. Obtaining an interest-free loan (credit) is not named in this subparagraph. Moreover, interest-free loans (credits) are not mentioned at all in Chapter 23 of the Tax Code of the Russian Federation. But this does not mean that the amount of savings on interest on such a loan (loan) is not subject to personal income tax. After all, a borrower using an interest-free loan (credit) is in a more favorable position in terms of taxation compared to a borrower who received a loan (credit), which provides for the payment of small interest for the use of borrowed (credit) funds. However, taxes and fees cannot be discriminatory and can not be applied differently based on social, racial, national, religious and other similar criteria. This is stated in paragraph 2 of Article 3 of the Tax Code of the Russian Federation.

Thus, if an individual receives an interest-free loan (credit), we recommend that you follow the earlier clarifications of the Ministry of Finance of Russia, given, for example, in a letter dated 22.01.2010 No. 03-04-06 / 6-3. That is, to determine income in the form of material benefits from savings on interest on each date of return of borrowed (credit) funds and calculate from this personal income tax.

Let's say that an interest-free loan is issued to an employee for several years (for example, in April 2005 for a period of five years) and, according to the terms of the loan agreement, it must be repaid in full on the last day of the loan agreement. In a similar situation during 2005-2009, when the employee used borrowed funds and did not pay off the debt, he did not have income subject to personal income tax. Taxable income in the form of savings on interest did not come to the borrower until April 2010, the month in which the loan was actually repaid. A similar position is contained in the letters of the Ministry of Finance of Russia dated July 17, 2009 No. 03-04-06-01 / 174 and No. 03-04-06-01 / 175.

note

In what cases the amount of savings on interest is not subject to personal income tax

Subparagraph 1 of paragraph 1 of Article 212 of the Tax Code of the Russian Federation states that some types of material benefits are exempt from personal income tax if the taxpayer has the right to receive a property tax deduction provided in connection with the acquisition or construction of housing. These types include the material benefits obtained from savings on interest for the use of borrowed (credit) funds provided by:

• for new construction or the acquisition of a residential building, apartment, room or share (stakes) in them on the territory of Russia;
• for purchase on the territory of Russia land plots allocated for individual housing construction, or shares (shares) in them;
• for the acquisition on the territory of Russia of land plots on which the acquired residential buildings, or shares (shares) in them;
• for the purpose of refinancing (on-lending) loans (credits) received for new construction or the acquisition in Russia of a residential building, apartment, room or share (stakes) in them, land plots for individual housing construction or shares (stakes) in them, as well as land plots on which the acquired residential buildings are located, or shares (stakes) in them. We are talking only about those loans (credits) received for refinancing (on-lending), which were provided by banks located on the territory of the Russian Federation.

To exclude the amount of savings on interest from the tax base for personal income tax, the taxpayer must confirm that he has the right to receive a property tax deduction provided in connection with the purchase or construction of housing. Since February 23, 2010, such a right is confirmed by a corresponding notification issued by the tax authority in the form approved by order of the Federal Tax Service of Russia dated December 25, 2009 No. MM-7-3 / [email protected]

If a taxpayer who is a tax resident of the Russian Federation does not have the right to a property tax deduction, then the income received by him in the form of material benefits from savings on interest is taxed with personal income tax at a rate of 35% (clause 2 of Article 224 of the Tax Code of the Russian Federation)

Calculation and payment of personal income tax

Organization or individual entrepreneur who issued a loan (credit) to an employee at an interest rate of less than 2/3 of the refinancing rate of the Bank of Russia (less than 9% per annum - in the case of a loan in foreign currency), or an interest-free loan (credit), are recognized by tax agents. That is, they are obliged to calculate the amount of income in the form of material benefits and personal income tax from it, withhold the amount of tax from the taxpayer's income and transfer it to the budget. Such a requirement is established in paragraph 2 of Article 212 of the Tax Code of the Russian Federation.

For a loan (loan) provided at an interest rate of less than 2/3 of the refinancing rate of the Bank of Russia (less than 9% per annum - in the case of a loan in foreign currency), the material benefit is determined for each date of payment of interest on the loan (loan). For an interest-free loan (loan), the material benefit is calculated by the tax agent on the date of its return. Simultaneously with the calculation of the material benefit from savings on interest, the tax agent calculates the amount of personal income tax from this income.

The tax agent is obliged to withhold the calculated amount of personal income tax directly from the income of the taxpayer upon their actual payment (clause 4 of article 226 of the Tax Code of the Russian Federation). The tax can be withheld at the expense of any money paid by the tax agent to the taxpayer himself or on his behalf to third parties. However, the withheld amount of personal income tax cannot exceed 50% of the total amount of payments.

In other words, if the lender (creditor) is an organization or an individual entrepreneur that pays an individual any income (for example, wages or remuneration under a civil law contract), the amount of personal income tax calculated from income in the form of material benefits from savings on interest, they withhold from such payments.

: the above order now does not apply to credit institutions in terms of withholding and paying income tax in the form of material benefits from savings on interest for the use of borrowed (credit) funds received by clients of these credit institutions who are not employees of these organizations. This is stated in paragraph 3 of clause 4 of article 226 of the Tax Code of the Russian Federation. For these clients, credit organizations are only required to calculate the amount of income in the form of material benefits and personal income tax from it. Borrowers pay the tax on their own. To do this, at the end of the calendar year in which they received income in the form of material benefits from savings on interest on loans (credits) provided credit institutions, they are required to file a personal income tax return and reflect these incomes in it.

Amounts withheld Personal income tax agents must transfer to the budget no later than the day following the day of actual withholding of the calculated tax amount. The basis is paragraph 2 of clause 6 of article 226 of the Tax Code of the Russian Federation. If the total amount of personal income tax withheld is less than 100 rubles, it is added to the amount of tax to be transferred to the budget next month, but it must be paid to the budget no later than December of the current year (clause 8 of article 226 of the Tax Code of the Russian Federation).

Let's say the withholding agent cannot withhold the calculated tax amount. In this case, he is obliged to notify in writing about the impossibility of withholding personal income tax and the amount of the taxpayer's debt (clause 5 of article 226 of the Tax Code of the Russian Federation):

• tax authority at the place of registration tax agent;
• to the taxpayer himself.

Attention! Change since 2010: now it is necessary not only to notify about the impossibility of withholding personal income tax and the amount of debt tax authority at the place of registration, but also the taxpayer himself. The form of such a message is established by the Federal Tax Service of Russia, but so far it has not been developed or approved (paragraph 2, clause 5 of article 226 of the Tax Code of the Russian Federation). The Federal Tax Service of Russia in a letter dated September 18, 2008 No. 3-5-03 / [email protected] recommended to use for these purposes a certificate of income of an individual in the form of 2-NDFL. The tax agent shall attach to this certificate a statement on the impossibility of withholding tax, drawn up in any form. After the organization (individual entrepreneur) has notified the tax authority about the impossibility of withholding personal income tax, its duty as a tax agent is considered fulfilled (letter of the Ministry of Finance of Russia dated 09.02.2010 No. 03-04-06 / 10-12). In the future, the taxpayer will have to submit a personal income tax declaration, which reflects the amount of material benefits received, and independently pay the calculated amount of personal income tax.

Calculation of material benefits for ruble loans

• the amount of the loan (credit) in rubles;
• the amount of the interest rate calculated on the basis of 2/3 of the refinancing rate of the Bank of Russia in effect on the date of payment of interest under the agreement;
• the total number of calendar days in the tax period (calendar year).

If the interest rate on a ruble loan is less than 2/3 of the refinancing rate of the Bank of Russia

The material benefit on a ruble loan (loan) on which the borrower pays interest based on a rate that is less than 2/3 of the refinancing rate of the Bank of Russia is calculated in three stages. First, the amount of interest payable according to the terms of the loan (credit) agreement is determined. For this, the formula is used:

Pr dog = SZ × PS dog ÷ KD total × KD user,

where Pr dog is the amount of interest calculated under the terms of the loan (credit) agreement;

СЗ - the amount of the loan (credit);

Then the amount of interest is calculated based on a rate equal to 2/3 of the refinancing rate of the Bank of Russia in effect on the date of payment of interest:

Pr 2 / 3CB = SZ × PS 2 / 3CB ÷ CD total × user CD,

where Pr 2 / 3CB is the amount of interest calculated on the basis of 2/3 of the refinancing rate of the Bank of Russia in effect on the date of payment of interest;

СЗ - the amount of the loan (credit);

PS 2 / 3TSB - an interest rate equal to 2/3 of the refinancing rate of the Bank of Russia in effect on the date of interest payment;

КД total - the total number of calendar days in a year;

KD of users - the number of days of using borrowed (credit) funds.

The difference between the amounts of interest calculated on the basis of 2/3 of the current refinancing rate of the Bank of Russia (Pr 2 / 3TSB) and actually accrued under the loan agreement (Pr dog) is recognized as a material benefit from savings on interest on a ruble loan (MB RUB). It is determined using the formula:

MV rub = Pr 2 / 3TSB - Pr dog.

The received amount of material benefits is included in the taxpayer's income subject to personal income tax on the day of payment of interest on the loan (credit).

Example 1

LLC "Corrida" (lender) on March 1, 2010 provided the employee N.I. Vasilkov (the borrower), who is a tax resident of the Russian Federation, a loan in the amount of 120,000 rubles. for a period of six months at 5% per annum. Under the terms of the loan agreement, the employee pays interest for the use of borrowed funds on a monthly basis no later than the 1st day of each month. In the same period, he monthly returns 20,000 rubles. principal debt (loan). The agreement also states that according to Article 191 of the Civil Code of the Russian Federation, interest is charged for each day of actual use of borrowed funds starting from March 2, 2010.

For the first time N.I. Vasilkov returned part of the loan on March 31, 2010 and paid interest on the same day. The refinancing rate of the Bank of Russia established on this date is 8.25% per annum. The interest rate calculated on the basis of 2/3 of the current refinancing rate of the Bank of Russia is 5.5% (8.25% × 2/3). Consequently, the loan was provided to the employee at a rate less than 2/3 of the current refinancing rate of the Bank of Russia (5%< 5,5%). Значит, у заемщика возникает доход в виде материальной выгоды от экономии на процентах, который включается в налоговую базу по НДФЛ. Сумму такого дохода, полученного за период с 2 по 31 марта 2010 года, ООО «Коррида» рассчитало в день уплаты процентов, то есть 31 марта 2010 года.

The amount of interest actually accrued for the specified period under the terms of the loan agreement amounted to 493.15 rubles. (120,000 rubles × 5% ÷ 365 days × 30 days), and interest calculated on the basis of 2/3 of the refinancing rate of the Bank of Russia in effect on the date of interest payment for the same period - 542.47 rubles. (120,000 rubles × 5.5% ÷ 365 days × 30 days). Thus, the amount of material benefit from savings on interest for the period from March 2 to March 31, 2010 is 49.32 rubles. (542.47 rubles - 493.15 rubles), and personal income tax calculated from such income - 17 rubles. (RUB 49.32 × 35%). The specified amount of tax was withheld by LLC Corrida from wages N.I. Vasilkov for March and transferred to the budget on April 12, 2010.

Suppose the next time the borrower paid interest and returned the loan to the organization in the amount of 20,000 rubles. April 29, 2010. The refinancing rate of the Bank of Russia has not changed as of this date. This means that the employee still generates income in the form of material benefits from savings on interest. The amount of such income received for the period from 1 to 29 April 2010, LLC "Corrida" calculated on April 29, 2010.

The amount of interest payable under the loan agreement for the specified period was (taking into account the partial return of the loan by the employee on March 31, 2010) 397.26 rubles. [(120,000 rubles - 20,000 rubles) × 5% ÷ 365 days. × 29 days)]. The amount of interest calculated for the same period based on 2/3 of the refinancing rate of the Bank of Russia is 436.99 rubles. [(120,000 rubles - 20,000 rubles) × 5.5% ÷ 365 days. × 29 days)]. Consequently, the value of the material benefit from savings on interest for the period from April 1 to April 29, 2010 amounted to 39.73 rubles. (436.99 rubles - 397.26 rubles), and personal income tax calculated from it - 14 rubles. (RUB 39.73 × 35%). This amount of tax was withheld from the salary of N.I. Vasilkov for April and paid to the budget on May 11, 2010.

In a similar manner, the organization will determine the amount of material benefits from savings on interest and personal income tax from it and in the next months of 2010 until full repayment the borrower the loan amount.

If the ruble loan is interest-free

Since interest for using an interest-free ruble loan (loan) is not charged from the borrower, the amount of material benefit from savings on interest on such a loan (loan) is calculated using a simplified formula:

MV wireless rub = SZ × PS 2 / 3TSB ÷ KD total × KD user,

where MV wireless. rubles - material benefit from savings on interest on an interest-free ruble loan (loan);

СЗ - the amount of the loan (credit);

PS 2 / 3TSB - an interest rate equal to 2/3 of the refinancing rate of the Bank of Russia in effect on the date of repayment (partial repayment) of the loan (credit);

КД total - the total number of calendar days in a year;

KD of users - the number of days of using borrowed (credit) funds.

In accordance with the explanations of the Ministry of Finance of Russia, the amount of savings on interest on an interest-free loan should be included in the taxpayer's income taxed with personal income tax on the day of repayment (in whole or in part) of the loan (credit) amount.

Example 2

Let's use the condition of example 1 by changing it. Suppose, under the terms of the agreement, a loan provided by N.I. Vasilkov, is interest-free.

For the first time N.I. Vasilkov returned part of the loan in the amount of 20,000 rubles. March 31, 2010. This means that on this day he had an income in the form of material benefits from savings on interest. The interest rate, which is 2/3 of the current refinancing rate of the Bank of Russia, is 5.5% (8.25% × 2/3). So the amount of income for the period from 2 to 31 March 2010, which LLC "Corrida" calculated on March 31, 2010, amounted to 542.47 rubles. (120,000 rubles × 5.5% ÷ 365 days × 30 days). Personal income tax calculated from the specified amount of income - 190 rubles. (542.47 rubles × 35%). This amount of tax was withheld from the salary of N.I. Vasilkov for March 2010 and transferred to the budget.

The next part of the loan in the amount of 20,000 rubles. worker returned on April 29, 2010. On this day, the organization calculated the income in the form of material benefits received by N.I. Vasilkov from savings on interest for the period from April 1 to April 29, 2010. It amounted to (taking into account the amount of the loan repaid on March 31, 2010) 436.99 rubles. [(120,000 rubles - 20,000 rubles) × 5.5% ÷ 365 days. × 29 days)], and personal income tax calculated from this income is 153 rubles. (RUB 436.99 × 35%). The specified amount of tax LLC "Corrida" withheld from the salary of N.I. Vasilkov for April 2010 and paid to the budget.

As the loan is repaid, the organization, in a similar manner, will calculate the amount of material benefit from savings on interest and personal income tax from it for each date of partial repayment of the loan until the employee is fully repaid.

Calculation of material benefits for loans in foreign currency

All incomes expressed (nominated) in foreign currency are subject to conversion into rubles at the official exchange rate of the Bank of Russia in effect on the date of actual receipt of these incomes (clause 5 of article 210 of the Tax Code of the Russian Federation). This means that the amount of income received by the borrower in the form of material benefits from savings on interest for the use of borrowed (credit) funds, expressed in foreign currency, must be recalculated into rubles. Thus, to calculate the amount of the specified income, the following information is required:

• the amount of the loan (loan) in foreign currency;
• the size of the interest rate established in the loan (credit) agreement;
• the actual number of days of using borrowed (credit) funds;
• the total number of calendar days in the tax period (calendar year);
• foreign currency exchange rate against the ruble, established by the Bank Russia as of the date of receipt of this income.

If the interest rate on a foreign currency loan is less than 9% per annum

Recall that the date of actual receipt of income in the form of material benefits from savings on interest on a loan (loan), for the use of which the borrower pays interest to the lender (creditor), is the date of payment of this interest (subparagraph 3 of paragraph 1 of article 223 of the Tax Code of the Russian Federation) ... Consequently, when calculating the material benefits for such a loan, denominated in foreign currency, it is used exchange rate established by the Bank of Russia on the date of interest payment.

If a loan in foreign currency is issued at an interest rate of less than 9% per annum, an individual borrower has income in the form of material benefits from savings on interest. The amount of this income (by analogy with ruble loans) is calculated in several stages. The calculation begins with determining the amount of interest payable under the terms of the loan (credit) agreement. For this, the formula is used:

Pr shaft = SZ × KV × PS dog ÷ KD total × KD user,

where Pr shaft is the amount of interest calculated under the terms of the loan (credit) agreement, expressed in foreign currency;

СЗ - the amount of the loan (credit);

PS dog - the interest rate established in the loan (credit) agreement;

КД total - the total number of calendar days in a year;

KD of users - the number of days of using borrowed (credit) funds.

Then the amount of interest on the loan (loan) is calculated based on the rate of 9% per annum:

Ex 9% = SZ × KV × 9% ÷ KD total × KD user,

where Pr 9% is the amount of interest on the loan (credit), calculated based on the rate of 9% per annum;

СЗ - the amount of the loan (credit);

КВ is the rate of foreign currency against the ruble, established by the Bank of Russia as of the date of interest payment;

КД total - the total number of calendar days in a year;

KD of users - the number of days of using borrowed (credit) funds.

The difference between the amounts of interest calculated based on the rate of 9% per annum (Ex 9%) and actually accrued under the loan agreement (Pr val) is recognized as a material benefit from savings on interest on a foreign currency loan (MV val). In other words, the following formula is used to calculate it:

MV shaft = Pr 9% - Pr shaft.

Example 3

OJSC “Bank“ Siesta ”” on March 1, 2010 provided O.V. Tulipova, who is not an employee of this bank, a consumer loan in the amount of USD 12,000 for a period of one year at 7% per annum. Under the terms of the loan agreement, interest for the use of borrowed funds is charged monthly and is payable by the borrower no later than the 1st day of the month following the month for which they were charged. In this case, interest is calculated starting from the date of the loan, that is, from March 1, 2010. During the first month of using borrowed funds, the repayment of the principal debt (loan amount) is not provided. At the end of the second month of using the loan, the borrower is obliged to repay 1/12 of the loan amount and subsequently pay the same amount every month, and return the remaining debt no later than February 28, 2011. Interest for March O.V. Tyulpanova paid the bank on April 1, 2010. For the first time, the borrower repaid 1/12 of the principal amount on April 30, 2010 and paid interest for April on the same day. Suppose the borrower pays interest for May and the next 1/12 of the loan amount on June 1, 2010. O.V. Tyulpanova is a tax resident of the Russian Federation.

Since the rate under the contract foreign currency loan(7% per annum) below the established standard (9% per annum), the borrower has income in the form of material benefits from savings on interest. Since the borrower is not an employee of the lender bank, he is obliged to independently declare the specified income and pay personal income tax from it (paragraph 3, clause 4 of article 226 of the Tax Code of the Russian Federation). To do this, no later than April 30, 2011 and April 30, 2012, he will have to submit to the tax authority at the place of residence of the personal income tax declaration for 2010 and 2011, respectively (clause 1 of article 229 of the Tax Code of the Russian Federation).

For the first month of using the loan ( for the period from 1 to 31 March 2010) O.V. Tyulpanova paid interest on April 1, 2010. The official exchange rate of the US dollar as of this date was set by the Bank of Russia at 29.4956 rubles / dollar. USA. The amount of income in the form of material benefits from savings on interest received by the borrower for the specified period is determined on the day of payment of interest, that is, April 1, 2010.

The amount of interest accrued for the period from March 1 to March 31, 2010 under the terms of the loan agreement is 2,104.29 rubles. (USD 12,000 × RUB 29.4956 / USD × 7% ÷ 365 days × 31 days), and interest calculated based on the rate of 9% per annum - RUB 2705.51. (USD 12,000 × RUB 29.4956 / USD × 9% ÷ 365 days × 31 days). This means that the amount of material benefit from savings on interest received for the period from March 1 to March 31, 2010 amounted to 601.22 rubles. (2705.51 rubles - 2104.29 rubles). Personal income tax amount calculated from material benefits - 210 rubles. (601.22 rubles. × 35%).

Interest accrued by the bank for the period from April 1 to April 30, 2010, O.V. Tyulpanova paid on April 30, 2010. On the same day, she repaid part of the loan to the bank in the amount of US $ 1,000 (US $ 12,000 × 1/12). The US dollar exchange rate set by the Bank of Russia as of April 30, 2010 is 29.2886 rubles per dollar. USA. In the period from 1 to 30 April 2010 O.V. Tulipova used the entire loan amount ($ 12,000). Therefore, the amount of income in the form of material benefits received by her for the specified period amounted to 577.74 rubles. [(USD 12,000 × RUB 29.2886 / USD × 9% ÷ 365 days × 30 days) - (USD 12,000 × RUB 29.2886 / USD × 7% ÷ 365 days × 30 days)]. Personal income tax calculated from this amount is 202 rubles. (577.74 rubles × 35%).

Next time O.V. Tyulpanova will repay part of the loan in the amount of USD 1,000 on June 1, 2010 and will pay interest for May 2010 on the same date. Suppose official rate USD as of June 1, 2010 will amount to 29 rubles / USD. USA.

The amount of income in the form of material benefits from savings on interest that the borrower will receive for the period from May 1 to May 31, 2010, will be determined on the interest payment date, that is, June 1, 2010. Taking into account the partial repayment of the loan on April 30, 2010, the interest accrued under the terms of the agreement for May will amount to 1,896.52 rubles. [(12,000 USD - 1,000 USD) × 29 RUB / USD USA × 7% ÷ 365 days × 31 days]. Interest calculated for the same period based on the rate of 9% per annum is equal to 2,438.38 rubles. [(12,000 USD - 1,000 USD) × 29 RUB / USD USA × 9% ÷ 365 days × 31 days]. The amount of savings on interest for the period from May 1 to May 31, 2010 - 541.86 rubles. (2438.38 rubles - 1896.52 rubles). Personal income tax, calculated from the amount of this income, is equal to 190 rubles. (541.86 rubles × 35%).

In a similar manner (that is, on the dates of payment of interest on the loan), the amount of material benefit from savings on interest and personal income tax from it will be calculated in the following months of 2010, as well as in January and February 2011.

If the foreign currency loan is interest-free

The amount of savings on interest on an interest-free loan is included in the taxpayer's income, subject to personal income tax, on the date of repayment of the loan (loan) amount, and when the loan (loan) is repaid in parts - for each date of partial repayment of borrowed (credit) funds.

No interest is charged on the borrower for using an interest-free loan (credit) denominated in foreign currency. Therefore, the amount of material benefits received from savings on interest on such a loan (loan) is calculated using a simplified formula:

MV wireless shaft = NW × CV × 9% ÷ CD total × user CD,

where MV wireless. shaft - material benefit from savings on interest on an interest-free loan (credit) in foreign currency;

СЗ - the amount of the loan (credit);

КВ is the rate of foreign currency against the ruble, established by the Bank of Russia as of the date of repayment (partial repayment) of the loan (credit);

КД total - the total number of calendar days in a year;

KD of users - the number of days of using borrowed (credit) funds.

Example 4

Let's use the condition of example 3 by changing it. Let's say O.V. Tyulpanova is an employee of Siesta Bank OJSC. In addition, no interest is expected to be charged for the use of the $ 12,000 loan granted to her.

Since the borrower is an employee of the lender bank, the employer is recognized as a tax agent, that is, he is obliged to calculate the amount of income in the form of material benefits from savings on interest, calculate the amount of personal income tax from this income, withhold it from the employee's income and transfer it to the budget (clause 1 and 4 of Art.226 of the Tax Code of the Russian Federation).

In accordance with the terms of the loan agreement in March 2010, O.V. Tulipova did not repay the loan to the bank. The first part of the loan in the amount of USD 1,000 (USD 12,000 × 1/12) was returned to the bank on April 30, 2010. This means that on this day, the employee had an income in the form of material benefits from saving on interest for using an interest-free loan. The US dollar exchange rate set by the Bank of Russia as of April 30, 2010 is 29.2886 rubles / dollar. USA.

Since in March and April O.V. Tyulpanova used the entire amount of the loan, the amount of her income in the form of material benefits, which OJSC Bank Siesta calculated on April 30, 2010, is equal to 5286.39 rubles. (12,000 USD × 29.2886 RUB / USD × 9% ÷ 365 days × 61 days). Personal income tax calculated from this amount - 1850 rubles. (5,286.39 rubles × 35%). The employing organization withheld this amount of tax from the salary of O.V. Tulipova for April 2010 and transferred to the budget.

The next part of the loan in the amount of USD 1,000 to O.V. Tyulpanova will return the bank on June 1, 2010. Suppose the official US dollar exchange rate on this date is 29 rubles / dollar. USA. The amount of income received by the employee on June 1, 2010 with partial repayment of the loan will be equal to 2,517.04 rubles. [(12,000 USD - 1,000 USD) × 29 RUB / USD USA × 9% ÷ 365 days × 32 days]. Personal income tax calculated from this amount - 881 rubles. (2517.04 rubles × 35%). The employing organization will withhold this amount of tax from the salary of O.V. Tulipova for May 2010 and will have to pay to the budget.

In the following months, the organization will determine the amount of income in the form of material benefits from savings on interest and personal income tax from it in a similar manner, that is, for each date of partial refund borrowed money(until the full repayment of the loan amount)

Today, any benefit must necessarily be taxed. This also applies to various loans. But the situation is special with interest-free loans.

Consumer and other lending today has an extensive list of various subtleties. Every year it is more and more popular due to its availability.

Many banks offer their clients loan services for sufficient favorable terms... Moreover, lending is possible for both individuals and legal entities.

Accordingly, if a loan is issued to legal entities, this moment must necessarily be reflected in accounting statements.

What you need to know

Accordingly, the very legal entity issuing such a loan must indicate the very fact of transferring funds in the reporting. Profit tax must be paid on the interest received.

But in some cases, there is an interest-free loan. In this case, there is virtually no material benefit for any party.

In this case, the formation of financial statements should be carried out in a special way.

At the same time, in the absence of the fact of payment of interest, it will be necessary this moment designate appropriately in regulatory documents.

It should be noted that compliance with legislative norms closely monitored by the tax authority. Fines may be imposed if violations are found. In some cases, the activity is completely prohibited.

Initial concepts

Separately, it is worth examining the question of what is the term called "material benefit".

In the context under consideration, material benefit means the object of taxation for income tax individuals(Personal income tax).

At the moment, the value of that in our country is 13%. By such a benefit is meant the savings of the borrower himself on interest - since there is no need to pay such interest due to various reasons.

The loan itself implies a certain amount of funds that are issued to the borrower on pre-established conditions.

All of these are negotiated in advance, and will be further enshrined in a special agreement.

Accordingly, both the borrower and the lender are obliged to comply with all the provisions of the specific interest-free loan agreement.

Today, the issue of drawing up such an agreement is determined by law. All the norms of the legislation will need to be dealt with in advance.

Moreover, if the interest-free loan agreement is not drawn up in accordance with certain regulatory documents, it is simply recognized as invalid.

Everything controversial situations will need to be resolved exactly in judicial procedure... Most often, loans are taken:

• to refinance debt;
• purchase of housing.

When arises

It is also important to take into account that material profit does not arise only if certain basic conditions are met.

These include primarily the following:

In all other cases that do not fall under the above situations, you will need to pay a tax fee for material benefits.

This moment is determined in each case strictly individually. Separately, it is important to note that the tax on material benefits on an interest-free loan differs significantly for residents of the Russian Federation and those who are not.

This issue is covered in detail in the Tax Code of the Russian Federation. The amount of such a rate is indicated as follows:

Accordingly, a preliminary acquaintance with all the terminology will allow avoiding various kinds of difficulties and difficulties.

First of all, familiarization will provide an opportunity to prevent violation of your own rights.

Legal framework

The issue of obtaining material benefits in this case is regulated by specialized regulatory documents... The main one is the Tax Code of the Russian Federation.

Art. No. 212 reflects complete list specifics of determining the size of the tax base when receiving income in the form of material benefits.

Relatively recently, some amendments related to material benefits have been adopted. All of these are listed in Federal Law No. 113-FZ of 05/02/15.

No less important documents is the Civil Code of the Russian Federation. It includes an extensive list of articles within which the agreement drafting process is carried out.

Features of calculating material benefits under a loan agreement

The algorithm for calculating material benefits has certain subtleties. This moment is especially important for various organizations. A loan agreement form is available.

There are many subtleties, difficult points - directly related to this issue. Basic questions to consider:

• what formula is applied;
• on an interest-free loan;
• with preferential interest;
• personal income tax (personal income tax);
• with an employee;
• between organizations;
• if the loan is in foreign currency.

Which formula is applied

There is a standard formula for calculating material benefits for the last day of each month of the loan.

At the moment, such a formula looks like this:

loan amount × (2/3 × rate of the Central Bank of the Russian Federation - established loan rate) / number of days in a year × number of days of use

This formula is standard, it is used in almost all cases, without exception. Accordingly, it applies only to loans received in rubles.

For loans in foreign currency, different calculation methods are used. In addition to a simple formula, you can calculate in a special calculator.

Many resources have special programs to carry out the corresponding calculations.

On an interest-free loan

Accordingly, if it is concluded with an individual as a lender, then material benefit does not arise (if such is not an entrepreneur).

But even if a citizen is an entrepreneur, but at the same time the loan was issued not within the framework of his main activity format, then again there will be no material benefit.

But before issuing a loan of the appropriate type, it will be necessary to deal precisely with the issue of the emergence of material benefits.

Non-payment tax levies with such can lead to quite serious difficulties. Tax office closely monitor the observance of the relevant legislation.

With preferential interest

The material benefit on interest under the loan agreement can be of various sizes. But it also arises at preferential interest rates.

Video: material benefits of an interest-free loan

It is worth considering this moment without fail. The accrual of material benefits, as well as tax on it, is carried out in a standard way.

Personal income tax (personal income tax)

One of the most important questions is how to withhold and recalculate personal income tax from material benefits.

It is necessary to remember the following basic points in this regard:

If in the current reporting period there will be a payment to the borrower of funds	Then it is necessary to carry out withholding from all amounts
The tax itself must be transferred no later than the day	When were listed cash
The amount of material benefit	Must be reflected in the 2-NDFL certificate - according to the income code 2610
Separately, it is worth noting the code "sign"	It is designated by such a special mark "1"
The relevant certificate must be provided to the Inspectorate of the Federal Tax Service no later than April 1 of the year	Which follows the year the borrower received material benefits
If in the current year the borrower is not paid expenses	There is no need to transfer tax to the budget
Certificate 2-NDFL if necessary	Provided to the Inspectorate of the Federal Tax Service at the place of permanent registration no later than March 1

The personal income tax code for material benefits under the loan agreement must be indicated.

With an employee

The accrual of material benefits for loans for employees depends on:

• from the established interest;
• lending duration.

Between organizations

Legal entities also provide loans at interest for each other. But at the same time, two different loan formats are also possible:

• interest;
• interest-free.

Depending on this, the size of the material benefit will be calculated using the standard formula.

If the loan is in foreign currency

The algorithm for calculating the value of the material benefit on a loan, which is issued in foreign currency, will be charged if the rate is less than 9%.

Accordingly, if the loan itself is interest-free, it will not be difficult to carry out the calculation yourself. One way to calculate it is to use an online calculator.

The calculation process itself is as follows:

• go to the above address;
• we introduce the main parameters of the loan itself:

1. Sum.
2. Date of receiving.
3. The status of an individual receiving a loan (resident or non-resident).
4. Loan type (interest or no interest).

• click on the calculate button.

Calculating material benefits is a relatively simple process. But it has some important features. It is important to study those.

Material benefit concept

The material benefit in the Tax Code of the Russian Federation (hereinafter - the Tax Code of the Russian Federation) means such a benefit to the taxpayer, in which he saves money on interest, receiving an interest-free loan or a loan under low interest... In addition, Art. 212 of the Tax Code of the Russian Federation also classifies the generation of income when purchasing goods or services as cases of financial benefits. interdependent persons and some purchase cases valuable papers.

Considering the material benefit on an interest-free loan, it is worth noting that it will be income and is subject to personal income tax if one of the following conditions is met:

1. The taxpayer received a cash loan from a legal entity or individual entrepreneur, while the lender and the borrower are interdependent (see article 105.1 of the Tax Code of the Russian Federation). Additional information on this topic can be obtained from the article "What persons are recognized as interdependent according to the Tax Code of the Russian Federation?" ...
2. The borrower who received the cash loan is in an employment relationship with the lender.
3. Interest savings represent material assistance or a kind of counter performance of the obligation of the lender (legal entity or individual entrepreneur) to the borrower, for example, payment for services or work performed.

How to calculate the size of the financial benefit: the formula

Considering that the financial benefit is recognized as the income of the taxpayer and is subject to personal income tax, it is necessary to determine the amount of such income. The basis is taken as 2/3 of the refinancing rate of the Bank of Russia. If the interest on the loan is more than or equal to 2/3 of the refinancing rate, then the maturity in the understanding of Art. 212 of the Tax Code of the Russian Federation will be absent. If the interest rate is lower, then the considered benefit is determined by the following formula:

MV = (SZ × (SP / KD) × 2/3 SR) - (SZ × (SP / KD) × FPZ),

where MV is the financial benefit;

СЗ - loan amount;

SP - term of use;

КД - the number of days in a year (365 or 366);

CP is the refinancing rate;

FPZ - interest on the loan actually provided for by the contract.

An example is the following situation. The employer issued a cash loan to his employee on 10/01/2018 in the amount of RUB 500,000. for a period until 04/01/2019 at 2% per annum. The refinancing rate from September 17, 2018 is 7.5% per annum (see Information from the Bank of Russia dated September 14, 2018). The calculation of the maturity benefit on a loan in this case will be made as follows:

MV = (500,000 × (182/365) × (2/3 × 7.5%) - (500,000 × (182/365) × 2%) = 7,250 rubles.

Calculation for an interest-free loan

The above formula should be applied when the actual interest on the loan is higher than 0, but less than 2/3 of the current refinancing rate. With an interest-free loan, the formula can be simplified, since the value of the effective interest will always be 0. The formula for calculating the material benefit for an interest-free loan will look like this:

MV = (SZ × (SP / CD) × 2/3 SR) - 0.

In a situation under the same conditions, when a loan is issued from 01.10.2018 to 01.04.2019 in the amount of 500,000 rubles, but at 0%, the size of the maturity will be 12,250 rubles:

MV = 500,000 × (182/365) × (2/3 × 7.5%) = 500,000 × 0.5 × 5%.

IMPORTANT! The presented calculations are focused on the fact that the refinancing rate for the period of the loan will not change, but if the Bank of Russia changes its size, then the maturity should be calculated for each period separately.

According to paragraph 2 of Art. 224 of the Tax Code of the Russian Federation, the benefit considered in this article is subject to personal income tax, which is 35%.

In terms of income in the form of material benefits from the acquisition of goods (works, services), the organization istax agent and is obliged to withhold personal income tax (clause 2 of article 226 of the Tax Code of the Russian Federation). When receiving this type of income, the actual payment of money does not occur. Therefore, withhold tax on any other employee's income (for example, from salary) (clause 4 of article 226 of the Tax Code of the Russian Federation). If it is impossible to withhold personal income tax, then (Clause 5 of Article 226 of the Tax Code of the Russian Federation).

Situation: Is it necessary to withhold personal income tax from material benefits if the organization purchased a car for an employee at a market price? The employee monthly gives part of the salary to pay off the debt for the car.

Yes need.

In this case, there is a material benefit from saving on interest, which the employee does not pay for the installment plan provided to him.

By general rules the employee receives material benefits in two cases.

First, if he purchased the product from the employer at a price lower than the market price. And the second: the employee uses borrowed (credit) funds that the employer gave him. At the same time, material benefit arises only if the loan is provided at interest, the amount of which is less than 2/3 refinancing rates (ruble loans) or 9 percent per annum (loans in foreign currency).

This is provided for by Article 212 of the Tax Code of the Russian Federation.

The situation under consideration falls under the second case. An organization that gives an employee the opportunity to pay for a car in installments, in fact, provides him with commercial loan(Article 823 of the Civil Code of the Russian Federation). That is, for a certain period of time, the employee uses the funds that he would have to pay to the organization for the provided interest-free installments. As a result, there is a material benefit subject to personal income tax. The entity must withhold tax from any cash paid to the employee.

This conclusion follows from the provisions of paragraph 1 of Article 212 of the Tax Code of the Russian Federation and is confirmed by letters of the Ministry of Finance of Russia dated June 15, 2015 No. 03-04-06 / 34441, dated June 9, 2015 No. 03-04-06 / 33331, dated December 16 2014 No. 03-04-05 / 64921.

An example of withholding personal income tax from material benefits when selling goods to employees

LLC "Trading Firm" Hermes "" sells color TV sets. In February, the organization sold 15 TVs to its employees at a price of 3150 rubles. a piece. This month, the same TVs were sold to third-party buyers for RUB 4,500.

"Hermes" is a tax agent for calculating, withholding and paying personal income tax from material benefits from the sale of goods to its employees at reduced prices.

The material benefit from the purchase of a unit of goods amounted to 1,350 rubles. (4500 rubles - 3150 rubles).

The amount of personal income tax that the accountant must withhold in February from each employee who bought the TV was 176 rubles. (1350 rub. × 13%).

Benefit when purchasing securities

The material benefit received from the purchase of securities arises if they:

• received free of charge;

• purchased at below market prices.

This applies to both securities traded on the organized market and securities not traded on the organized market (clause 4 of article 212 of the Tax Code of the Russian Federation).

The conditions for the emergence of material benefits are described in paragraph 4 of Article 212 of the Tax Code of the Russian Federation.

Upon receipt by a shareholder (founder) additional shares(shares, shares) as a result of the revaluation of fixed assets, material benefits do not arise. Such income is exempt from personal income tax (clause 19 of article 217 of the Tax Code of the Russian Federation).

The amount of material benefit is equal to the excess market value securities over the cost of their acquisition (paragraph 1 of clause 4 of article 212 of the Tax Code of the Russian Federation).

The market value of securities is determined taking into account the limit of its fluctuations.

If securities are traded on an organized market:

• the market value is determined in accordance with the Procedure approved by the order of the Federal Financial Markets Service of Russia dated November 9, 2010 No. 10-65 / pz-n;

• the limiting boundaries of fluctuations in the market value are determined on the basis of clause 5 of the Procedure approved by order of the Federal Financial Markets Service of Russia dated November 9, 2010 No. 10-65 / pz-n.

The market value of securities that are not traded on an organized market is determined based on the estimated price, taking into account the limiting border of its fluctuations:

• the estimated price is determined in accordance with the Procedure approved by the order of the Federal Financial Markets Service of Russia dated November 9, 2010 No. 10-66 / pz-n;

• the limiting boundaries of fluctuations (upward and downward) are 20 percent of the estimated price (clause 7 of the Procedure approved by order of the Federal Financial Markets Service of Russia dated November 9, 2010 No. 10-65 / pz-n).

The market value of securities (both traded and not traded on the organized market) is determined as of the date of the transaction (paragraph 6, clause 4, article 212 of the Tax Code of the Russian Federation).

This procedure for calculating the market value of securities to determine material benefits follows from the totality of the norms of paragraph 4 of Article 212, paragraph 6 of Article 280 of the Tax Code of the Russian Federation, paragraphs 2 and 4 of the Procedure approved by order of the Federal Financial Markets Service of Russia dated November 9, 2010 No. 10-65 / pz -n, clause 1 of the Procedure approved by order of the FFMS of Russia dated November 9, 2010 No. 10-66 / pz-n.

Date of receipt of benefit on securities

The date of actual receipt of income in the form of material benefits when purchasing securities is recognized as:

• or the day of purchase of securities at prices below market prices;

• or the day of free receipt of securities;

• or the day of payment for the securities (if payment occurs after the transfer of ownership of the securities).

The day of acquisition (gratuitous receipt) should be understood as the date of transfer of ownership of securities (subparagraph 3 of paragraph 1 of article 223 of the Tax Code of the Russian Federation). For example, in relation to shares, this date must be determined by an extract from the register of shareholders (letter of the Ministry of Finance of Russia dated December 19, 2012 No. 03-04-05 / 4-1415).

Payment of personal income tax from benefits on securities

In terms of income in the form of material benefits from the acquisition of securities, the organization istax agent and is obliged to withhold personal income tax (clause 2 of article 226 of the Tax Code of the Russian Federation). When this type of income is received, the actual payment of money does not occur. Therefore, withhold tax from any other employee's income (for example, from salary) (clause 4 of article 226 of the Tax Code of the Russian Federation). If it is impossible to withhold personal income tax, thennotify the tax office (Clause 5 of Article 226 of the Tax Code of the Russian Federation).

An example of withholding personal income tax from material benefits when selling securities to an employee

Alpha LLC sold to its employee P.A. Bespalov 1000 own shares at the price of 75 rubles. for each. The purchase and sale agreement was concluded on January 16th. The transfer of ownership of the shares was recorded in the register of shareholders on 25 January. The transaction was carried out outside the organized securities market (directly, without the participation of intermediaries).

Alpha shares are traded on an organized securities market. As of January 16, their market price amounted to 100 rubles.

Taking into account the maximum fluctuations, the market price of the share was:
RUB 100 - 100 rubles. × 20% = 80 rubles / piece.

Thus, the material benefit from the purchase of one share was:
RUB 80 / pcs. - 75 rubles / piece. = 5 rubles / piece.

The material benefit from the purchase of the entire block of shares was:
5 rub / piece × 1000 pcs. = RUB 5000

Standard tax deductions Bespalov is not allowed. The amount of personal income tax from material benefits was:
RUB 5,000 × 13% = 650 rubles.

Calculated Personal income tax accountant withheld Bespalov from his salary for January.

Of the Tax Code of the Russian Federation, the organization must withhold personal income tax from material benefits at the next payment of money to the borrower. As for the tax, it must be transferred to the budget no later than the day following the day the money is paid. According to Part 3 of Art. 7 Federal law No. 212-FZ does not apply to the object of taxation with insurance premiums payments and other remuneration made, in particular, within the framework of civil contracts, the subject of which is the transfer of ownership or other property rights to property ( property rights). Thus, the material benefit of an employee for using an interest-free loan received from an employer is not recognized as subject to insurance premiums. These clarifications are presented in the Letter of the Ministry of Labor of the Russian Federation No. 17-4 / B-54.

Personal income tax calculator with material benefits on a loan - 2018

Consequently, the tax agent for these dates must calculate the material benefit and personal income tax from it. The rate of personal income tax on the material benefit on the loan For what personal income tax rate the material benefit from savings on interest will be taxed, depending on who received the material benefit: a resident or non-resident of the Russian Federation (clause 2 of article 207 of the Tax Code of the Russian Federation). So, income in the form of material benefits of a tax resident of the Russian Federation will be taxed at a rate of 35% (p.
2 tbsp. 224

Attention

Tax Code of the Russian Federation), and not a resident - at a rate of 30% (clause 3 of Article 224 of the Tax Code of the Russian Federation). That is, in this case, non-residents are in a more advantageous position than residents of the Russian Federation. When issuing loans in foreign currency, a material benefit taxable with personal income tax may also arise.When obtaining a loan in foreign currency, the borrower receives a material benefit that is subject to personal income tax, if (p.

2 p. 2 art.

Calculation of material benefits for an interest-free loan in 2018 (example)

Home Loans A loan agreement with a rate equal to zero is unlikely to be useful for the lender. The main goal of this party is to generate income, as he plans to receive additional finances for using the money. Therefore, an interest-free loan is considered by lawmakers as a form of financial support from an employer, business partner, friend.

Due to inflationary processes, the lender loses part of the profit, counting only on the return of the principal amount transferred money supply... It will become obvious to any party to the contractual relationship that this form of cooperation is beneficial only to the borrower. From an economic point of view, he is considered the recipient of material benefits.
You get benefits - pay tax to the state budget. What is it? Material benefit on an interest-free loan or a loan with a low interest rate is defined as a special type of income.

How to calculate the material benefit of an interest-free loan?

But, if the loan was issued by an entrepreneur, but not for commercial purposes, then the benefit is also not subject to accounting. But, for the Federal Tax Service, it is important not only the fact of obtaining an interest-free loan or credit, but also the purpose of obtaining it. If it was issued for the purchase of real estate, then the tax deductions provided for in Art.
220 of the Tax Code of the Russian Federation. Material benefit is a kind of tax for using a concessional loan. It is paid only by tax residents of the Russian Federation. These are those who are Russian taxpayers, and those who spend more than 183 days a year in the Russian Federation in a row. Material benefit arises only when the subject of the agreement is money, and not property or things.
Reflection in legislative acts The material benefit is calculated in accordance with the norms of the Tax Code of the Russian Federation. In Art. 220 of the Tax Code of the Russian Federation states that if a loan was taken for the purchase of housing, then a property deduction can be issued.

Is there a material benefit with an interest-free loan

Info

Refinancing rate ( key rate) as of the date of interest payment - 11%. In 2018, the material benefit received from savings on interest on the loan will be: by 31.01 - 223.6 rubles. (60,000 rubles x (2/3 x 11% - 3%) / 366 days x 31 days). Personal income tax from the amount of material benefits - 78.26 rubles. (223.6 rubles.

x 35%); on 29.02 - 209.18 rubles. (60,000 rubles x (2/3 x 11% - 3%) / 366 days x 29 days). Personal income tax from the amount of material benefits - 73.21 rubles. (209.18 rubles x 35%); on 31.03 - 122.62 rubles. (60,000 rubles x (2/3 x 11% - 3%) / 366 days x 17 days). Personal income tax from the amount of material benefits - 42.92 rubles. (US $ 1.82 x 35%). The material benefit received from savings on interest on the loan for 2015 will be: by 18.03 - 100.98 rubles. (60,000 rubles x (2/3 x 11% - 3%) / 366 days x 14 days). Personal income tax from the amount of material benefits - 35.34 rubles. (US $ 1.98 x 35%). According to paragraphs 4 and 6 of Art.

Accrual of material benefits on an interest-free loan in 2018

Important

In order to calculate the tax payable to the budget for individuals, you need to use a rate of 35 percent. 35 percent of the tax base is sent by transfer to the accounts of the Federal Tax Service reporting period together with a 3-NDFL declaration. Otherwise, you cannot avoid checks and requirements for the recalculation of tax collections. The final version of the formula is as follows: actual refinancing rate * 2/3 * loan amount (part of the loan) * period of use * 35/100 "Mean the same thing.

In some companies, a figure of 11 percent is taken to calculate material benefits. Other entrepreneurs, legal entities are guided by the latest data from the Central Bank. This circumstance must be spelled out in the contract.

All about the material benefits of loans for individual entrepreneurs

Material benefit + is the savings on interest that the borrower received. It shows that the borrower took the money on more favorable terms than in the bank. Such savings are the income from which you need to pay personal income tax.

When does an entrepreneur who issued loans to individuals need to withhold personal income tax? When does a borrower have a material benefit? In cases where the individual entrepreneur issued an interest-free loan or at an interest below 2/3 of the refinancing rate of the Central Bank of the Russian Federation. Who needs to transfer personal income tax from material benefits to the budget - an entrepreneur or a borrower? An entrepreneur who issued money to an individual. The businessman becomes a tax agent for personal income tax. Therefore, he needs to withhold tax from the borrower and transfer it to the budget.

The personal income tax rate for the benefit is 35%.
From 01.01.2016 it is equal to the key rate of the Central Bank of the Russian Federation. How to determine the material benefit of an interest-free loan? To understand whether a material benefit has arisen or not, you need to use the formula - key rate * 2/3, that is, 9.25% * 2.3 = 6.16% per annum. If the contract specifies less, then this is the material benefit. For example, the agreement between the parties states that the loan rate is 5% per annum. Therefore, 1, 16% (6.16% - 5%) is the benefit of the borrower. He does not pay this particular amount. You need to make the calculation on the day of the refund. Therefore, it is worth keeping track of the relevant information for that particular day. To know what kind of income the borrower receives, you need to use the following formula - key rate * 2.3 * loan amount * term of use of the money.
How to calculate the material benefit on an interest-free loan The material benefit is calculated at the end of the borrowing period. For ruble loans, the interest should be less than or equal to 6.16% per annum, for foreign currency loans - below or equal to 9% per annum. It is necessary to follow the procedure for calculating the material benefits for an interest-free loan: Calculate the amount of interest the client must pay at the end of the crediting period, this is important to do if the borrowing period is less than or more than 1 year. If it is equal to a year, and the rate is set in "percent per annum", then there is no need to make a calculation. Interest is calculated according to the following formula: amount% = loan amount * set in the agreement% / 365 * actual number of days of use. For example, a loan of 100,000 rubles is issued for a period of 9 months at 5% per annum.

An example of calculating material benefits from an interest-free loan 2018

• when the purpose of the loan is the acquisition (construction) of housing by an individual: apartments, rooms, houses, land plot for individual housing construction;

Since the state for this operation allows you to receive a return on personal income tax, calculated at a rate of 13 percent, once in a lifetime, then force accounting of personal income tax at a rate of 35 percent is meaningless. The reason for not accruing is a certificate from the Federal Tax Service with a decision to return the previously withdrawn personal income tax.

• when the loan is given not in the framework of entrepreneurial activity and the lender by agreement is an individual;
• when restructuring debt, the purpose of which is, again, the purchase of housing;
• if under the agreement not money is transferred, but things.

Individuals do not always have the status of a tax agent.