Taxation of interest on loans to individuals. Tax consequences of a loan agreement: what is important for a lender to know? Making a loan to a legal entity from an individual
The founder provided the Organization with an interest-bearing loan. The organization as a tax agent pays personal income tax on the accrued and paid interest. How can I set up 1C 8.3 Accounting so that the interest paid and personal income tax fall into the 6-personal income tax form? I reflect interest and personal income tax in the program through Operations entered manually .
- Loan with % from the founder - autofill in 6-personal income tax and 2-personal income tax with simplified tax system
Loan with % from the founder - autofill in 6-NDFL and in 2-NDFL with OSNO
Interest-bearing loan from the founder. Reflection of interest income in the 6-NDFL report
In this situation, the Organization is a tax agent for personal income tax (clause 1, clause 1, article 208 of the Tax Code of the Russian Federation, clause 1, article 226 of the Tax Code of the Russian Federation). The income paid in the form of interest is subject to personal income tax at a rate of 13%. The income code is 1011.
In addition, interest can be taken into account in expenses in NU as part of non-operating expenses (clause 2, clause 1, article 265 of the Tax Code of the Russian Federation). As a rule, the entire amount of accrued interest is taken into account. There is no need to normalize interest: there are restrictions on accepting the amount as expenses for NU only for controlled transactions (paragraphs 2-13 of article 269 of the Tax Code of the Russian Federation, paragraph 2 of article 105.14 of the Tax Code of the Russian Federation).
In 1C Accounting 3.0, operations can be executed as follows.
August 01, founder Ivanov A.P. (resident of the Russian Federation, employee) provided IT Guide LLC with a short-term interest-bearing loan for 3 months in the amount of 500,000 rubles. to replenish the working capital of the organization:
- interest is repaid monthly, the loan - at the end of the term;
- interest rate - 10% per annum.
- RUB 500,000 x 10%: 365 days x 31 days = 4,246.58 rubles.
The calculation of interest in the example is given selectively for only one month.
For personal income tax accounting, the data for the example is as follows:
Step 1. Receipt of the loan amount from the founder to the current account
Bank and cash desk - Bank - Bank statements - button Receipt - Receipt to the current account - type of operation Obtaining a loan from a counterparty.
postings
Step 2. Calculation of interest on the loan for August
Step 3. Accrual and deduction of personal income tax from physical. persons in BU
Transactions - Accounting - Manually entered transactions - Create button - Transaction.
A tax agent organization calculates and withholds personal income tax from income (clause 1 clause 1 article 208 of the Tax Code of the Russian Federation):
RUB 4,246.58 x 13% = 552 rubles.
Personal income tax - always in full rubles, rounding according to the rules of mathematics.
Step 4. Reflection of personal income tax with physical. persons in the personal income tax register
Salary and personnel - personal income tax - All documents on personal income tax - button Create - Personal income tax accounting operation.
Fill out the document below:
- Tab Income – Add .
The income code is 1011.
- Tab Calculated on 13 (30%) except dividends – Add .
- Tab Granted deductions not populated in this example.
- Tab Listed for all rates - is not filled in this example.
Step 5. Transfer of interest on the loan to the founder
- Bank and cash desk - Bank - Payment orders - Create button
- Bank and cash desk - Bank - Bank statements - Withdrawal from the current account - type of operation Loan return to the counterparty
RUB 4,246.58 - 552 rubles. = 3,694.58 rubles. - the amount of interest on the loan to be transferred after withholding personal income tax.
- Payment type - Interest payment.
postings
Step 6. Checking calculations, personal income tax registers and the 6-personal income tax report
Reports - Standard reports - Account balance sheet.
OSV on account 66
Help 2-NDFL
Salary and personnel - personal income tax - 2-personal income tax for employees.
Report 6-NDFL
Reports - 1C-Reporting - Regulated reports - 6-NDFL.
The report follows burn and Check before sending it to the IFTS.
Salary and personnel - Salary - Payroll reports - Tax accounting register for personal income tax.
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Issuance of loans is possible not only between organizations. Companies that value their employees help them financially, including by temporarily providing the necessary amount under a loan agreement, for example, to buy an apartment or other property. We will talk about what additional responsibilities the accountant of an organization that has concluded a loan agreement with an employee will tell in this article.
When issuing a loan between the organization and the employee, in addition to labor, civil law relations also arise. Therefore, before talking about personal income tax, we will pay attention to documenting the loan and also analyze some of the issues that arise when issuing a loan.
How to draw up a loan agreement
The procedure for concluding a loan agreement is established by paragraph 1 of Chapter 42 of the Civil Code of the Russian Federation. By issuing money under a loan agreement, the employer becomes a lender, and the employee who receives the required amount becomes a borrower. At the same time, the persons who have entered into a loan agreement have certain rights and obligations. So, under a loan agreement, one party (the lender) must transfer money or property to the ownership of the other party (the borrower), and the borrower will be obliged to return to the lender the same amount of money or an equal number of things of that kind and quality (Article 807 of the Civil Code of the Russian Federation).
Please note that in the case where the lender is an organization, the loan agreement must be concluded in writing. This requirement is established in paragraph 1 of Art. 808 of the Civil Code of the Russian Federation and must be observed regardless of the amount of money provided on loan.
Since the loan agreement refers to the so-called real transactions, it is considered concluded not from the moment the loan agreement is signed, but from the moment the money or other things are transferred. We also note that the Civil Code of the Russian Federation does not establish requirements for mandatory notarization of the contract.
A loan agreement can be either reimbursable or non-reimbursable (interest-free). With a gratuitous loan, the fulfillment of the borrower's obligation is limited to the repayment of the debt. When applying for an interest-free loan, remember that the condition of gratuitousness must be present in the contract. Otherwise, the lender will retain the right to receive interest (clause 1, article 809 of the Civil Code of the Russian Federation).
If the contract is for compensation, it must contain the amount, procedure and terms for paying interest. In the case when the procedure and terms are not prescribed, it is understood that the payment of interest will be made in accordance with paragraph 2 of Art. 809 of the Civil Code of the Russian Federation, that is, monthly until the day the loan amount is returned.
In addition, the agreement may contain a condition on the use of borrowed funds for certain purposes. In this case, the loan will be considered targeted, and the borrower is obliged to provide the lender with the ability to control how the borrowed funds will be used (Article 814 of the Civil Code of the Russian Federation).
Another important condition of the contract is the return period. If it is not specified in the contract, then in accordance with paragraph 1 of Art. 810 of the Civil Code of the Russian Federation, the debt must be returned within 30 days from the date of presentation of the request for return.
Note that early repayment is allowed interest-free loan. If the contract contains a condition on interest, it is possible to return the money ahead of schedule only with the consent of the lender (clause 2, article 810 of the Civil Code of the Russian Federation).
How much can you lend to an employee?
Along the way, we will find out if there are any legal restrictions on the amount of the loan that the organization has the right to issue to its employee. Recall that there are two ways to transfer funds under a loan agreement: in cash from the cash desk and in non-cash form by transferring to the employee’s bank card.
In the first case, the question arises as to whether the employer has the right to issue in cash from the cash desk an amount of money in excess of 100,000 rubles. After all, cash settlements between organizations and individual entrepreneurs are limited by the amount of payments. The total amount of cash payments under one contract cannot exceed 100,000 rubles, or the amount in foreign currency equivalent to 100,000 rubles. at the official exchange rate of the Central Bank of the Russian Federation on the date of cash settlements (clause 6 of the instruction of the Central Bank of the Russian Federation dated 07.10.2013 No. 3073-U). However, we are considering a situation where a loan is issued to an individual. Therefore, this restriction does not apply here, and the loan is allowed to be issued in cash without restrictions (clause 1, article 861 of the Civil Code of the Russian Federation).
There are no restrictions for non-cash payments, therefore, when transferring money to an employee’s bank card, the loan amount can be any.
Note
If the borrowed funds are transferred to the employee's bank card, the credit institution may charge a fee for bank service of the card. The question arises: is it necessary to withhold personal income tax from this amount?
The bank commission paid by the employing organization when transferring wages to employees' cards is not the employee's income and is not subject to personal income tax. This is due to the fact that the employer is obliged to ensure that employees receive wages in a timely manner through the cash desk of the organization or in any other way, including the transfer of wages to card accounts of employees in banks. This is confirmed, in particular, by the Ministry of Finance of Russia in letters dated October 28, 2010 No. 03-04-06/6-255 and dated December 24, 2008 No. 03-04-06-01/387.
However, the transfer of borrowed funds to employees is carried out within the framework of civil law, and not labor relations. Therefore, payments by the organization to the bank for servicing bank cards related to the payment to employees of amounts of money, the obligation to pay which is not established by labor legislation, are subject to personal income tax in the prescribed manner. This conclusion was reached by the Ministry of Finance of Russia in a letter dated November 25, 2008 No. 03-04-06-01 / 351.
Does the object of personal income tax arise when issuing a loan
We will find out whether it is necessary for an organization, as a tax agent, to withhold personal income tax when issuing a loan to an employee. When receiving borrowed funds, the employee does not receive economic benefits, that is, income (Article 41 of the Tax Code of the Russian Federation). After all, the employee will be obliged to repay the loan amount. Therefore, when issuing a loan, you do not need to withhold personal income tax.
However, in some cases, an organization, having provided a loan to an employee, will have to calculate and withhold personal income tax. This refers to situations where an employee who has received a loan has a material benefit from savings on interest (subclause 1, clause 1, article 212 of the Tax Code of the Russian Federation). Recall that a material benefit occurs if:
The employee received an interest-bearing loan with the condition of paying interest in an amount reduced in comparison with the refinancing rate established by the Central Bank of the Russian Federation (depending on the currency in which it was issued);
The employee received an interest-free loan.
True, in some cases, listed in sub. 1 p. 1 art. 212 of the Tax Code of the Russian Federation, the material benefit from savings on interest is not included in the employee's income. For example, if a loan was granted to an employee for the purchase (construction) of housing, land plots, and he has the right to receive a property tax deduction for personal income tax on the costs of their acquisition (construction).
Note that personal income tax on material benefits is calculated at the following rates:
35% if the borrower is a tax resident of the Russian Federation (Clause 2, Article 224 of the Tax Code of the Russian Federation);
30% if the borrower is not a tax resident of the Russian Federation (Clause 3, Article 224 of the Tax Code of the Russian Federation).
And the organization in this case must fulfill the duties of a tax agent for personal income tax (Article 226 of the Tax Code of the Russian Federation), that is, calculate, withhold from the employee and pay the amount of tax. This, in particular, is confirmed by the Ministry of Finance of Russia in a letter dated July 12, 2007 No. 03-04-06-01/226. The company has the right to withhold personal income tax from income in the form of material benefit at the expense of any funds that it pays to its employee (clause 4 of article 226 of the Tax Code of the Russian Federation). In this case, the amount of personal income tax withheld cannot exceed 50% of the amount of the payment.
Note that the material benefit from saving on interest is not subject to insurance premiums, since it is not a payment within the framework of labor or civil law relations (part 1 of article 7 of the Federal Law of July 24, 2009 No. Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund”, hereinafter referred to as Law No. 212-FZ). Specialists of the Ministry of Labor of Russia also agree with this (paragraph 1 of the letter dated February 17, 2014 No. 17-4 / V-54).
How to calculate personal income tax on an interest-bearing loan
If the loan was granted in rubles and the rate at which interest is charged for the use of borrowed funds is lower than 2/3 of the refinancing rate of the Central Bank of the Russian Federation, the taxpayer receives income in the form of material benefits (subclause 1 clause 2 article 212 of the Tax Code of the Russian Federation). In this case, the refinancing rate of the Central Bank of the Russian Federation, which was in effect on the date of receipt of income in the form of material benefits, is applied. The date of receipt of such income in accordance with sub. 3 p. 1 art. 223 of the Tax Code of the Russian Federation will be the date of actual payment of interest in a reduced amount (including in case of late payment).
Recall that since September 14, 2012, the refinancing rate of 8.25% per annum has been in effect (instruction of the Bank of Russia dated September 13, 2012 No. 2873-U).
To calculate the material benefit on an interest-bearing loan issued in rubles, the following formula is used:
MVP = (2/3 x refinance rate - loan interest rate) x loan amount: 365 (366) days x number of days
where MVP is the material benefit from an interest-bearing loan issued in rubles;
refinancing rate - the refinancing rate of the Central Bank of the Russian Federation, effective on the date of receipt of income in the form of material benefit;
number of days - the number of calendar days in the period of the loan, for which interest is calculated;
Example 1
On March 3, 2014, Corvette LLC issued a loan to the employee in the amount of 200,000 rubles. The agreement assumes the payment of interest in the amount of 5% per annum. The loan term is eight months. Interest must be paid in a lump sum upon repayment of the loan. The employee is a tax resident of the Russian Federation. On October 3, 2014, the employee repaid the loan and paid interest. Find out how much personal income tax you need to withhold from his income.
The loan period was 214 calendar days (28 days in March + 30 days in April + 31 days in May + 30 days in June + 31 days in July + 31 days in August + 30 days in September + 3 days in October). The refinancing rate of the Central Bank of the Russian Federation as of the interest payment date was 8.25%.
First, we determine the amount of interest that the employee must pay when returning the borrowed funds. It will amount to 5863 rubles. (200,000 rubles x 5% : 365 days x 214 days).
Now let's calculate the amount of personal income tax that Corvette LLC must withhold from the employee's other income. Personal income tax from the amount of material benefits will be 205 rubles. (586.3 rubles x 35%). Recall that the amount of all taxes must be determined in full rubles (clause 6, article 52 of the Tax Code of the Russian Federation).
Note
A material benefit for an individual also arises when a loan was provided in a foreign currency and interest for its use is charged at a rate below 9% per annum (subclause 2, clause 2, article 212 of the Tax Code of the Russian Federation). Such a situation is possible, for example, if a loan is provided by a foreign credit institution. Russian organizations that are not credit institutions and individual entrepreneurs are not entitled to issue loans in foreign currency to Russian citizens. After all, according to paragraph 1 of Art. 9 of the Federal Law of December 10, 2003 No. 173-FZ "On Currency Regulation and Currency Control" (hereinafter - Law No. 173-FZ), foreign exchange transactions between residents are prohibited, with the exception of those listed in this paragraph. And lending does not apply to the listed operations.
Income in the form of material benefits from savings on interest for the use of borrowed funds received from a foreign organization refers to income from sources outside the Russian Federation. This conclusion was reached by the Ministry of Finance of Russia in a letter dated February 27, 2012 No. 03-04-05 / 6-221. From the amount of this income, the borrower - a resident of the Russian Federation must pay personal income tax on his own, having filed a tax return before that.
When do you need to withhold personal income tax on an interest-free loan
If the organization has issued an interest-free loan, the material benefit is determined as the amount of interest calculated on the basis of 2/3 of the refinancing rate of the Central Bank of the Russian Federation, effective on the date of receipt of income, from the part of the loan debt that remained from the moment of the previous repayment. In this case, the material benefit is calculated for the days that have passed since the previous repayment, or from the day the loan was received in the case of initial repayment (letter of the Ministry of Finance of Russia dated 08/09/2010 No. 03-04-06 / 6-173).
Note that the date of receipt of income in the form of material benefit for the use of an interest-free loan is the date of actual return of borrowed funds (letter of the Ministry of Finance of Russia dated 15.07.2014 No. 03-04-06 / 34520). This date does not have to be determined at the time of repayment of the entire loan amount. The loan agreement may provide for the repayment of an interest-free loan at any frequency. For example, if the interest-free loan agreement provides for monthly repayment of the loan, then income in the form of material benefit must be taken into account on each date of repayment of borrowed funds (letters of the Ministry of Finance of Russia dated 03.26.2013 No. 03-04-05 / 4-282 and dated 27.02. -04-05/9-223).
To calculate the material benefit on an interest-free loan issued in rubles, the following formula is used:
MFBP = loan amount x 2/3 x refinancing rate: 365 (366) days x number of days,
where MVBP is the material benefit from an interest-free loan issued in rubles;
loan amount - the amount of the loan received by the employee (total upon initial repayment or remaining upon repeated repayment);
refinancing rate - the refinancing rate of the Central Bank of the Russian Federation on the date of repayment of the loan amount (or its remaining part);
number of days - the number of calendar days of using the loan (calculated from the date of receipt of the loan or the previous repayment);
365 or 366 - the number of calendar days in a year.
Example 2
Veresk LLC on April 1, 2014 issued an interest-free loan to its employee in the amount of 120,000 rubles. for a period of three months. According to the terms of the agreement, the refund is carried out in equal installments of 40,000 rubles. 1st day of each calendar month following the month in which the loan was granted. The refinancing rate of the Central Bank of the Russian Federation at the date of interest payment for the entire period from April 1 to July 1, 2014 was 8.25%. The employee is a tax resident of the Russian Federation.
We calculate the material benefit and the amount of personal income tax for each date of repayment of the principal amount of the loan.
1. As of May 1, 2014, the number of days of using the loan is 30. The amount of material benefit is 542.5 rubles. (120,000 rubles x 2/3 x x 8.25% : 365 days x 30 days). Personal income tax to be withheld - 190 rubles. (542.5 rubles x x 35%).
2. As of June 1, 2014, the number of days for using the loan will be 31 days. The loan amount remaining after the first repayment is 80,000 rubles. (120,000 rubles - 40,000 rubles). The material benefit is equal to 373.7 rubles. (80,000 rubles x 2/3 x 8.25%: 365 days x 31 days). personal income tax - 131 rubles. (373.7 rubles x x 35%).
3. As of July 1, 2014, the number of days of using the loan will be 30. The remaining loan amount after two repayments is 40,000 rubles. (120,000 rubles - 40,000 rubles - 40,000 rubles). Material benefit - 180.8 rubles. (40,000 rubles x 2/3 x 8.25% : 365 x 30 days). Personal income tax to be withheld - 63 rubles. (180.8 rubles x 35%).
Under what conditions is material benefit on loans for the purchase of housing exempt from personal income tax
According to sub. 1 p. 1 art. 212 of the Tax Code of the Russian Federation, material benefits received from savings on interest for the use of borrowed (credit) funds that were issued in connection with:
With the acquisition (construction) on the territory of the Russian Federation of a residential building, apartment, room or share (s) in them;
Acquisition on the territory of the Russian Federation of land plots provided for individual housing construction, or land plots on which the purchased residential buildings are located, or shares (shares) in them.
In this case, three conditions must be met.
The first is the condition of the purpose of the loan. In our case, it should be seen from such a loan agreement that the only acceptable direction for spending the funds issued on its basis is the acquisition in the territory of the Russian Federation of a house, apartment, room or share (shares) in them. This is indirectly confirmed by the Ministry of Finance of Russia in a letter dated June 19, 2014 No. 03-04-07 / 29416.
The second condition is that the employee has the right to receive a property tax deduction provided for the acquisition (construction) of housing, the acquisition of land in accordance with subpara. 3 p. 1 art. 220 of the Tax Code of the Russian Federation. If the employee has already used the property deduction earlier, then he does not have the right to receive it again (clause 11, article 220 of the Tax Code of the Russian Federation). In this case, the exemption from personal income tax cannot be applied and the material benefit received must be subject to personal income tax (letter of the Ministry of Finance of Russia dated February 27, 2012 No. 03-04-05 / 9-223).
The third condition is the need for documentary confirmation of the right to a deduction (clause 8, article 220 of the Tax Code of the Russian Federation). Such a document is a notification issued by the tax inspectorate in the form approved by the order of the Federal Tax Service of Russia dated December 25, 2009 No. MM-7-3 / 714. Prior to the provision of this notification, personal income tax from material benefits should be calculated and withheld at a rate of 35% (letter of the Ministry of Finance of Russia dated September 1, 2010 No. 03-04-05 / 6-513). At the same time, the tax withheld prior to the submission of the notification is not recognized as overpaid (letter of the Ministry of Finance of Russia dated March 21, 2013 No. 03-04-06 / 8790). However, according to the explanations of the financiers, starting from the month in which the employee provides a notice to the company, personal income tax, previously calculated at a rate of 35% on income in the form of material benefits, is subject to offset against payment of personal income tax on other income of the employee, taxed at a rate of 13%.
Often, accountants have the following question: what if the company provided a loan to an employee not for the purchase (construction) of housing, but to repay a mortgage loan that the employee had previously taken to purchase it? In this case, personal income tax should be withheld from the material benefit for the use of borrowed funds that the organization provided to the employee to repay the previously issued mortgage loan for the purchase of housing. This point of view is confirmed by the clarifications of the Ministry of Finance of Russia (letter No. 03-04-05/9-62 of January 24, 2012).
What will happen to personal income tax when debt is forgiven
In practice, a situation is possible when, after issuing a loan to an employee, a company decides to release the employee from obligations under the contract, that is, it forgives the debt to its employee.
Note
When forgiving a debt on a loan, another question arises: is it necessary to accrue insurance premiums to off-budget funds on the amount of the forgiven debt? According to the Ministry of Health and Social Development of Russia (letters dated May 21, 2010 No. 1283-19 and May 17, 2010 No. 1212-19), the amount of debt forgiven under a loan agreement is subject to insurance premiums. It is logical to extend the same conclusions to the situation when the debt of an employee under a loan agreement is forgiven.
However, one can argue with the opinion of the Ministry of Health and Social Development of Russia. After all, insurance premiums to off-budget funds are subject to payments within the framework of labor or civil law relations, the subject of which is the performance of work and the provision of services (part 1 of article 7 of Law No. 212-FZ). And the amount of forgiven debt on the loan does not apply to such payments. The courts also confirm that debt forgiveness is not related to the performance of labor duties (see, for example, the decisions of the Federal Antimonopoly Service of the Volga District of October 29, 2013 No. A65-4151 / 2013 and of August 15, 2013 No. A65-333 / 2013).
Some experts have a different opinion on this issue. The amount of forgiven debt under a loan agreement is not subject to insurance premiums, if at the same time a donation agreement has been drawn up between the employee and the organization.
Note that debt forgiveness is a kind of donation (clause 3 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 21, 2005 No. 104). When the debt is forgiven, the employee is relieved of the obligation to return the funds and it becomes possible to dispose of them at his own discretion. Consequently, the employee has an economic benefit, that is, income in the amount of the forgiven debt (principal debt under the loan agreement). Income will be subject to personal income tax at a rate of 13%. This conclusion was reached by the Ministry of Finance of Russia in a letter dated July 15, 2014 No. 03-04-06 / 34520.
Please note that when a debt is forgiven under a loan agreement, the employee does not receive material benefits from savings on interest. This was indicated by the Ministry of Finance of Russia in letters dated 15.07.2014 No. 03-04-06/34520, dated 11.04.2012 No. 03-04-06/3-106 and dated 22.01.2010 No. 03-04-06/6-3.
Do I have to pay income tax when repaying a loan? As a rule, everything is clear with legal entities: clause 1 of Art. 208 of the Tax Code regulates taxation of income of legal entities and individual entrepreneurs in the form of interest. Which rule applies to individuals?
personal income tax under a loan agreement
Personal income tax under a loan agreement is charged if the organization or individual has made a profit and can dispose of the income. This is stated in Art. 210, and according to Art. Any economic benefit is called income - and even individuals' income in the form of interest on a loan falls under this definition. Therefore, they are subject to the normal tax rate.
An interesting nuance: Art. 208 of the Tax Code is used to qualify the source of income, and not to determine the circle of persons paying the tax.
personal income tax from an interest-free loan
If the lender receives from the borrower an amount equal to the original amount (specified in the loan agreement), then there is no economic benefit (income), and, accordingly, there are no reasons for taxation. As a result, personal income tax is not charged, since in fact there is no income. However, if an organization provided an interest-free loan, then it must be taken into account that the recipient of the loan is already saving on the interest that citizens usually pay for loans. Therefore, according to tax legislation, this saving is a direct income (material benefit), and personal income tax must also be paid from it.
Is the loan subject to income tax?
Consider cases where the loan is subject to personal income tax. This happens if the company allows you to dispose of borrowed funds on terms that are better than in banks. This parameter is determined by the formula "2/3 of the refinancing rate" and is called the marginal rate. If the loan rate is lower than 2/3 of the refinancing rate of the Central Bank of the Russian Federation, then you are obliged to pay personal income tax on such material benefits. The same, of course, applies to interest-free loans from the organization.
The resulting marginal rate is multiplied by the loan amount and by the ratio of the number of days the loan is used and the number of days in the current year. From the resulting amount of material benefit, personal income tax is paid.
Interest on a loan agreement with personal income tax
How are funds distributed if an employee takes a loan from his organization on favorable terms (interest is lower than 2/3 of the refinancing rate)? As a rule, the organization itself is obliged to calculate the material benefit and the amount payable in the form of personal income tax. It is deducted from the employee's salary. The calculations are undertaken by the accounting department of a legal entity or individual entrepreneur that issued a “too profitable” loan.
An interesting fact: the term of using the loan starts from the very day of issuance, but the day of calculation for the loan (the last one) is not included when calculating the amount of material benefit received.
Comparison.ru advice: Do not worry about the correctness of personal income tax calculations. Calculations of the received material benefit and tax on it are required by law to be carried out by the organizations themselves.
Letter of the Russian Federation No. 03-04-05/38138 dated 19.06.2017 The Department of Tax and Customs Policy has considered the appeal on the issue of taxing personal income tax on interest income received under a loan agreement, and informs that, in accordance with the Regulations of the Ministry of Finance of the Russian Federation, approved by order Ministry of Finance of the Russian Federation dated 06/15/2012 No. 82n, the Ministry does not consider applications for the assessment of specific economic situations. Clause 1 of Article 807 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code) defines a loan agreement as an agreement under which one party (the lender) transfers money or other things defined by generic characteristics to the ownership of the other party (the borrower), and the borrower undertakes to return to the lender such the same amount of money (loan amount) or an equal amount of other things received by him of the same kind and quality.
Online journal for an accountant
Making a loan, despite the official wording indicating the participation of two parties to the agreement, provides for the relationship of a larger number of parties, since this procedure is regulated by the state. In particular, in addition to the financial relationship between the lender and the borrower, one of the parties must pay the state a certain amount of tax, which is calculated from the profit received from this operation.
That is why it is important to know how to correctly calculate personal income tax on a loan and in what situations it is necessary. Legislative framework for 2018 In accordance with the norms specified in Article 212 of the Tax Code, the amount received by the taxpayer due to savings on interest when using the funds provided is recognized as income in the form of material benefits when applying for a loan.
Kbk for personal income tax
Tell me, please, is it necessary to pay personal income tax when a loan is granted by one individual to another individual? When providing a cash loan by one individual to another individual, the obligation to calculate and pay personal income tax does not arise. Question number 2. I received an interest-free loan from an employer to build a house, but this is not noted in the contract - it just contains information about the loan, but without a purpose.
Can I somehow prove the fact that the funds were received specifically for the construction of a house in order to avoid paying personal income tax? You need to conclude an additional agreement to the Loan Agreement, which will indicate the purpose of obtaining and granting a loan. In addition to the additional agreement, it is necessary to receive a notification from the Federal Tax Service Inspectorate about the emergence of the right of property deduction in connection with the construction of a new house.
Question number 3.
personal income tax from a loan to an individual in 2018
Calculation and payment of personal income tax from a loan The rules for calculating personal income tax from material benefits have changed significantly with the introduction of new amendments to the current legislation in 2018. In particular, now the calculation of profit in the form of material benefits must be carried out on the last day of each month.
With an interest-free loan Starting from January 2018, the calculation of material benefits on interest-free loans will be calculated according to a formula that provides for multiplying the amount of the loan provided by 2/3 of the refinancing rate and the number of calendar days during which the loan was used, after which the amount received is divided by 366 or 365 .
July 4, 2017 personal income tax from interest income under a loan agreement
Info
KBK. See "BSC Changes in 2018". However, the BCC for personal income tax for employees in 2018 did not change and remained exactly the same. The CBC on personal income tax for individual entrepreneurs has not been amended either.
We give in the table the current main CCC for 2018 for income tax. Table with CCC for 2018 for personal income tax Type of personal income tax CCC in 2018 Personal income tax on employee income 182 1 01 02010 01 1000 110 Personal income tax penalty on employee income 182 1 01 02010 01 2100 110 Personal income tax penalty on employee income 182 010 01 02 110 Tax paid by individual entrepreneurs in the general taxation system 182 1 01 02020 01 1000 110 Personal income tax penalties paid by individual entrepreneurs in the general system 182 1 01 02020 01 2100 110 Personal income tax penalties paid by individual entrepreneurs in the general system 182 1 01 02020 01 3000 110 Sample payment order for personal income tax in 2018 Next, we give a sample payment order for the transfer of personal income tax in 2018.
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The Ministry of Finance of Russia told whether the organization should withhold personal income tax from interest paid to an individual under a loan agreement? Under a loan agreement, one party (lender) transfers money or other things defined by generic characteristics to the ownership of the other party (borrower), and the borrower undertakes to return to the lender the same amount of money (loan amount) or an equal amount of other things received by him of the same kind and quality (Clause 1, Article 807 of the Civil Code of the Russian Federation). At the same time, unless otherwise provided by law or the loan agreement, the lender has the right to receive interest from the borrower on the loan amount in the amount and in the manner specified in the agreement.
1 st. 809 of the Civil Code of the Russian Federation). The Ministry of Finance of Russia, in a letter dated 06/19/2017 No. 03-04-05 / 38138, came to the conclusion that the individual who provided the loan receives income in the form of interest under the loan agreement. This income on the basis of paragraph 1 of Art. 210 of the Tax Code of the Russian Federation is subject to personal income tax.
About personal income tax from interest income under a loan agreement with an organization
MMV-7-11 / “On approval of the form for calculating the amounts of personal income tax calculated and withheld by a tax agent (form 6-NDFL), the procedure for filling out and submitting it, as well as the format for submitting the calculation of the amounts of personal income tax calculated and withheld by the tax agent, in electronic form. At the same time, it must be remembered that the payment of personal income tax to the budget of the Russian Federation is carried out by a tax agent no later than the next day after the receipt of income by an individual.
So, in the case of calculating personal income tax on material benefits received by an individual from saving interest when using borrowed (credit) funds, personal income tax is paid no later than the 1st day of the month following the month in which the borrowed funds are used (Article 226 of the Tax Code of the Russian Federation). Rubric "Questions and answers" Question №1.
How is material benefit and personal income tax from a loan determined?
Interest received by an individual resident of the Russian Federation is subject to a tax rate of 13 percent (Item 1 of Article 224 of the Code). At the same time, the obligation to calculate, withhold and transfer personal income tax from income in the form of interest received under a loan agreement is assigned to an organization recognized in accordance with Article 226 of the Code as a tax agent in relation to these incomes. Subparagraph 1 of paragraph 1 of Article 223 of the Code establishes that the date of actual receipt of income when receiving income in cash is the day of payment of income, including the transfer of income to the accounts of the taxpayer in banks or, on his behalf, to the accounts of third parties. At the same time, it is reported that this letter of the Department does not contain legal norms, does not specify regulatory requirements and is not a regulatory legal act.
Separately, personal income tax is charged to residents and non-residents of the Russian Federation, but this does not apply to employees. Some income specified in the legislation is not subject to taxation (for example, inheritance, sale of real estate older than 3 years, gifts from close relatives, etc.) An income declaration entitles individuals to certain tax deductions. In a situation where income is wages, the state takes tax from it not from the employee after accrual, but from the tax agent - the employer, who will give the employee a salary with taxes already deducted to the budget. Personal income tax on employee income Paid by the tax agent monthly on the day of salary, maximum the next day.
In the case of payment of sick leave and vacation benefits, the tax is transferred by the tax agent no later than the end of the month of their payment.
Personal income tax from interest on a loan from an individual 2018 kbk
Calculation of material benefit from a loan to an individual with interest payment Calculation of material benefit from a loan to an individual with interest payment is made according to the following formula:
- MV - material benefit
- SZ - the amount of borrowed funds
- KSTSB is the key rate of the Central Bank of the Russian Federation
- D - interest rate specified in the Loan Agreement
- KKD - the number of calendar days of using borrowed funds in the current month
- 365 (366) - the number of calendar days in the current year
Example 1. On July 12, 2017, ABV LLC provided Korolev K.K. a cash loan in the amount of 360,000 rubles for a period up to December 31, 2017. The interest rate under the Loan Agreement was 5%. July 31, 2017
Kbk personal income tax from interest on a loan from an individual 2018
The date no later than which personal income tax must be paid to the budget, in our example, is February 12, 2018 (since the 10th and 11th are Saturday and Sunday). Benefits and vacation pay Personal income tax deducted from temporary disability benefits, benefits for caring for a sick child, as well as from vacation pay, must be transferred no later than the last day of the month in which the income was paid. For example, an employee goes on vacation from March 6 to March 23, 2018. Vacation pay was paid to him on March 1. In this case, the date of receipt of income and the date of withholding personal income tax is March 1, and the last date when personal income tax must be transferred to the budget is March 30, 2018. Withheld personal income tax in 2018, in the general case, pay the details of the IFTS in which the organization is registered (paragraph 1, clause 7, article 226 of the Tax Code of the Russian Federation). Individual entrepreneurs, in turn, pay personal income tax to the inspection at their place of residence.
V.M. Akimova,
state adviser of the tax service III rank
1. General Provisions
According to Art. 807 of the Civil Code of the Russian Federation (CC RF), the provision of a loan is the transfer by the lender to the borrower of the ownership of money or other things defined by generic characteristics, subject to the borrower returning the loan amount or an equal number of other things received by him of the same kind and quality on the basis of an agreement between the participants contract transactions.
Article 807 of the Civil Code of the Russian Federation also allows that on the territory of the Russian Federation the subject of a loan agreement may be foreign currency and currency values, but the rules of Art. 140, 141 and 317 of the Civil Code of the Russian Federation.
Loan agreements are usually made in writing. If the lender is a legal entity, the loan agreement is drawn up only in writing, regardless of the amount.
A loan agreement between individuals must be concluded in writing if its amount exceeds at least 10 times the minimum wage established by law.
In confirmation of the loan agreement and its terms, a borrower's receipt or other document certifying the transfer of a certain amount of money or a certain number of things by the lender to him may be presented.
2. Taxation of income received under a loan agreement
2.1. General provisions
According to Art. 210 of the Tax Code of the Russian Federation (TC RF), individuals can receive income in various forms - monetary and in kind, in the form of material benefits, and these incomes are subject to personal income tax (PIT).
Under a loan agreement, an individual can receive income subject to personal income tax if he acts both as a borrower and as a lender. The taxation of personal income tax on income also depends on what conditions between the lender and the borrower are established in the agreement or other document confirming the receipt of the loan, as well as the results of the borrower's performance of the agreement.
If the borrower is an individual, then he has income in the form of material benefits from savings on interest for the use of borrowed funds, determined in accordance with Art. 212 of the Tax Code of the Russian Federation. In case of repayment of the borrower's debt or payment of interest for it by the lender or other person, the amount of the loan repaid by these persons and the amount of interest paid for it are recognized as income.
If an individual is a lender, income arises in the form of interest received under a loan agreement. In this case, the amount of the repaid loan is not the income of the lender.
Under a loan agreement, an individual can receive a loan both with the payment of interest for the use of borrowed funds, and without paying such a fee.
2.2. Determination of the tax base and the amount of tax in relation to income in the form of material benefits
According to subparagraph 1 of paragraph 1 of Art. 212 of the Tax Code of the Russian Federation, income in the form of material benefit is a material benefit received from savings on interest for the taxpayer's use of borrowed funds received from organizations or individual entrepreneurs. For taxation purposes, when receiving income in the form of material benefits, the tax base is determined by:
For ruble loans - as an excess of the amount of interest for the use of borrowed funds denominated in rubles, calculated on the basis of three-fourths of the current refinancing rate established by the Bank of Russia on the date the taxpayer actually receives income, over the amount of interest calculated on the basis of the terms of the agreement;
For foreign currency loans - as an excess of the amount of interest for the use of borrowed funds, expressed in foreign currency, calculated on the basis of 9% per annum, over the amount of interest calculated on the basis of the terms of the agreement.
Wherein to determine the tax base under a loan agreement material benefit is established if borrowed funds are received by an individual from organizations and individual entrepreneurs. If a loan is received by an individual from individuals who are not individual entrepreneurs, then the material benefit is not determined.
To calculate the amount of material benefits received from savings on interest for the use of borrowed funds by the taxpayer, several indicators are used:
Interest rate based on the terms of the contract;
Estimated interest rate, which for ruble loans is determined on the basis of three-fourths of the current refinancing rate of the Bank of Russia on the date of interest payment;
Estimated interest rate, which for foreign currency loans is determined on the basis of 9% per annum;
Number of days of use of borrowed funds;
The number of calendar days in the tax period.
To determine the tax base, readers of the journal should keep the following in mind:
According to Art. 223 of the Tax Code of the Russian Federation, the date of actual receipt of income in the form of material benefit is the day of payment of interest on the received borrowed funds;
Until January 1, 2008, Art. 212 of the Tax Code of the Russian Federation contained a provision that provided for the calculation of material benefits from savings on interest for the use of ruble loans, taking into account three-fourths of the refinancing rate of the Bank of Russia, established on the date of receipt of the above borrowed funds;
From January 1, 2008, in connection with the new rules established by the Federal Law of July 24, 2007 N 216-FZ "On Amendments to Part Two of the Tax Code of the Russian Federation and Certain Other Legislative Acts of the Russian Federation", the calculation of material benefits is based on three-fourths refinancing rates of the Bank of Russia on the date of actual receipt of income.
The amount of personal income tax is calculated simultaneously with the calculation of material benefits. At the same time, in relation to the material benefit received from savings for the use of borrowed funds by an individual who is a tax resident of the Russian Federation, the personal income tax rate is applied in the amount of 35% (clause 2 of article 224 of the Tax Code of the Russian Federation). The material benefit received from savings for the use of borrowed funds by an individual who is not a tax resident of the Russian Federation is subject to personal income tax at a rate of 30% (clause 3 of article 224 of the Tax Code of the Russian Federation).
2.3. Taxation of income under a loan agreement with payment of interest
In accordance with paragraph 2 of Art. 212 and subparagraph 3 of paragraph 1 of Art. 223 of the Tax Code of the Russian Federation, if the loan agreement provides for the payment of interest, then the material benefit from savings on interest for the use of borrowed funds is determined on the date of payment of interest on the received borrowed funds. So, paragraph 2 of Art. 212 of the Tax Code of the Russian Federation provides that for the calculation of material benefits, three-fourths of the refinancing rate of the Bank of Russia, established on the date of receipt of income, is taken, and in accordance with subparagraph 3 of paragraph 1 of Art. 223 of the Tax Code of the Russian Federation, the date of receipt of income is the day of payment of interest.
Example 1
On January 9, 2008, an employee who is a tax resident of the Russian Federation received a loan in the amount of 200,000 rubles from the organization at his place of work. for three months at the rate of 5% per annum. The terms of the agreement stipulate that the payment of interest and repayment of the loan shall be made simultaneously no later than April 9, 2008. The refinancing rate of the Bank of Russia, set on the date of actual receipt of income, that is, on the date of payment of interest on the loan, amounted to 10.25% per annum.
April 9, 2008 material benefit for the period of using the loan is determined taking into account the following data:
- loan amount - 200,000 rubles;
- number of days of using the loan - 92 days;
The amount of interest paid by the employee under the loan agreement amounted to 2513.66 rubles. (200,000 rubles x 5%: 366 days x 92 days). At the same time, the amount of the interest payment for this period, taking into account three-fourths of the refinancing rate of the Bank of Russia, as of the date of receipt of income in the form of material benefit, amounted to 3866.01 rubles. (200,000 rubles x 7.69%: 366 days x 92 days).
Thus, the employee received a material benefit in the amount of 1352.35 rubles. (3866.01 rubles - 2513.66 rubles). Personal income tax is calculated from the amount of material benefits received at a tax rate of 35% and amounted to 473 rubles. (1352.35 rubles x 35%).
If the loan agreement was concluded before January 1, 2008 and is valid, for example, during two tax periods of 2007-2008, then the material benefit and the amount of personal income tax are established separately for each tax period, taking into account the provisions of the previous edition - in terms of material benefit for 2007, and the new edition of Art. 212 of the Tax Code of the Russian Federation - in terms of material benefits for 2008.
Example 2
On November 1, 2007, the organization issued to its employee, who is a tax resident of the Russian Federation, a loan in the amount of 90,000 rubles. for three months with the payment of interest at the rate of 5% per annum. The terms of the agreement stipulate that the repayment of the loan will be made monthly in equal installments simultaneously with the payment of interest no later than the 1st day. The repayment of the loan and the payment of interest were made by the employee:
- November 30, 2007 - interest was paid for the period from November 1 to November 30, 2007, and part of the loan was returned in the amount of 30,000 rubles;
- December 29, 2007 - interest was paid for the period from December 1 to December 31, 2007 and the balance of the loan in the amount of 30,000 rubles was returned;
- January 31, 2008 - interest was paid for the period from January 1 to February 1, 2008 and the balance of the loan in the amount of 30,000 rubles was returned.
In this case, the received material benefit and the amount of tax should be determined by the accounting department of the organization on a monthly basis.
In 2007 material benefit under the loan agreement was calculated on the basis of three-fourths of the refinancing rate of the Bank of Russia on the date of receipt of the loan. Assume that the refinancing rate on the day the loan was issued was 10%.
For the period from November 1 to November 30, 2007
- loan amount - 90,000 rubles;
- number of days of using the loan - 30 days;
The amount of interest paid by the employee under the loan agreement for the above period amounted to 369.86 rubles. (90,000 rubles x 5%: 365 days x 30 days), and the amount of the interest payment based on three-fourths of the refinancing rate of the Bank of Russia on the date of receipt of the loan is 554.79 rubles. (90,000 rubles x 7.5%: 365 days x 30 days). The amount of material benefit is determined in the amount of 184.93 rubles. (554.79 rubles - 369.86 rubles). Personal income tax is calculated from the amount of material benefit received at a rate of 35% and amounted to 65 rubles. (184.93 rubles x 35%).
For the period from December 1 to December 29, 2007 material benefit was determined taking into account the following data:
- the amount of the loan balance - 60,000 rubles;
- number of calendar days in 2007 - 365 days;
- 3/4 refinancing rate - 7.5% (10% x 3/4).
The amount of interest paid by the employee under the loan agreement for the above period amounted to 238.36 rubles. (60,000 rubles x 5%: 365 days x 29 days), and the amount of the interest payment based on three-fourths of the refinancing rate of the Bank of Russia on the date of receipt of the loan is 357.53 rubles. (60,000 rubles x 7.5%: 365 days x 29 days).
For the period from December 30 to December 31, 2007 material benefit was determined taking into account the following data:
- number of days of using the loan - 2 days;
- number of calendar days in 2007 - 365 days;
- 3/4 refinancing rate - 7.5% (10% x 3/4).
The amount of interest paid by the employee under the loan agreement for the above period amounted to 8.22 rubles. (30,000 rubles x 5%: 365 days x 2 days), and the amount of interest based on three-fourths of the refinancing rate of the Bank of Russia on the date of receipt of the loan is 12.33 rubles. (30,000 rubles x 7.5%: 365 days x 2 days).
Thus, for the period from December 1 to December 31, 2007 material benefit amounted to 122.78 rubles. [(357.53 rubles - 238.86 rubles) + (12.33 rubles - 8.22 rubles)]. Personal income tax is calculated from the amount of material benefit received at a rate of 35% and amounted to 43 rubles. (122.78 rubles x 35%).
In 2008 the material benefit under the loan agreement is already calculated taking into account three-fourths of the refinancing rate of the Bank of Russia on the date of interest payment. Assume that the refinancing rate of the Bank of Russia as of January 31, 2008 did not change and was also in effect at the rate of 10% per annum. Material benefit is determined taking into account the following data:
- the amount of the loan balance - 30,000 rubles;
- number of calendar days in 2008 - 366 days;
- 3/4 refinancing rate - 7.5% (10% x 3/4).
The amount of interest paid by the employee under the loan agreement for the above period amounted to 127.05 rubles. (30,000 rubles x 5%: 366 days x 31 days), and the amount of the interest payment based on three-fourths of the refinancing rate of the Bank of Russia on the date of receipt of the loan is 190.57 rubles. (30,000 rubles x 7.5%: 366 days x 31 days). Material benefit for the above period is determined in the amount of 63.52 rubles. (190.57 rubles - 127.05 rubles). Personal income tax on the amount of material benefit received was calculated at a rate of 35% and amounted to 22 rubles. (63.52 rubles x 35%).
Thus, in 2007, the employee received income in the form of material benefits in the amount of 307.71 rubles, the amount of tax calculated was 108 rubles. In 2008, the amount of material benefit amounted to 63.52 rubles, and the amount of calculated tax - 22 rubles.
2.4. Taxation of income under a loan agreement without paying interest
Material benefit should also be determined if the loan agreement does not provide for the payment of interest. However, in Art. 212 of the Tax Code of the Russian Federation does not contain any explanation as to what exactly is the date of receipt of income.
It should be noted that the provisions of Chapter 23 of the Tax Code of the Russian Federation do not establish exemption from taxation of material benefits received from savings on interest for the use of borrowed funds under a loan agreement that does not provide for the payment of interest by the borrower.
Therefore, in such cases, the date of receipt of income from savings on interest for the use of borrowed funds can be considered:
Day of full or partial repayment of the loan;
End date of the contract;
For example, if the terms of the contract provide for the date of monthly repayment of the loan, then this date will be considered the day of receipt of income in the form of material benefits.
Example 3
An individual who is a tax resident of the Russian Federation received on January 11, 2008 a loan in the amount of 60,000 rubles. from the organization in which it works under an employment contract. The terms of the agreement stipulate that the loan is provided to this person for three months without paying interest. The loan must be repaid in equal monthly installments on the 11th, starting from February 11, 2008. The loan was repaid on February 11, March 11 and April 11, 2008 for 20,000 rubles.
Suppose that on each date of repayment by the employee of the loan, the refinancing rate of the Bank of Russia was 10.25%.
In this case, the material benefit should be determined monthly. The amount of material benefit is calculated on the basis of three-fourths of the refinancing rate of the Bank of Russia on the date of repayment of the loan. According to Art. 224 Tax Code of the Russian Federation the amount of personal income tax in relation to material benefits is calculated at a rate of 35%, since this taxpayer is a tax resident of the Russian Federation.
February 11, 2008
- loan amount - 60,000 rubles;
- number of days of using the loan - 32 days;
- 3/4 refinancing rate - 7.69% (10.25% x 3/4).
Material benefit c for the period from January 11 to February 11, 2008 amounted to 403.41 rubles. (60,000 rubles x 7.69%: 366 days x 32 days). The amount of tax amounted to 141 rubles. (403.41 rubles x 35%).
March 11, 2008 material benefit was determined based on the following data:
- the amount of the loan balance - 40,000 rubles;
- number of days of using the loan - 29 days;
- 3/4 refinancing rate - 7.69% (10.25% x 3/4).
Material benefit for the period from February 12 to March 11, 2008 amounted to 243.73 rubles. (40,000 rubles x 7.69%: 366 days x 29 days). The amount of personal income tax amounted to 85 rubles. (243.73 rubles x 35%).
April 11, 2008 material benefit was determined based on the following data:
- the amount of the loan balance - 20,000 rubles;
- number of days of using the loan - 31 days;
- 3/4 refinancing rate - 7.69% (10.25% x 3/4).
Material benefit c for the period from March 12 to April 11, 2008 amounted to 130.27 rubles. (20,000 rubles x 7.69%: 366 days x 31 days). The amount of personal income tax amounted to 46 rubles. (130.27 rubles x 35%).
Thus, for the period from January 11 to April 11, 2008, the total amount of material benefit amounted to 777.41 rubles, and the total amount of personal income tax - 272 rubles.
If, under the terms of the agreement, the repayment of an interest-free loan is carried out on the same day, then this day should be considered as the day of receipt of income in the form of material benefits from savings on interest for the use of borrowed funds.
Example 4
On February 9, 2008, the organization issued an interest-free loan in the amount of 100,000 rubles to an employee who is a tax resident of the Russian Federation. for two months. The terms of the agreement stipulate that the loan is to be repaid on March 31, 2008. The refinancing rate of the Bank of Russia amounted to 10.25% on that date.
The material benefit and the amount of personal income tax for the period from February 9 to March 31, 2008 were determined on March 31, 2008.
The following data is used to calculate the material benefit:
- the amount of the loan received - 100,000 rubles;
- 3/4 refinancing rate - 7.69% (10.25% x 3/4).
The amount of material benefit amounted to 1260.66 rubles. (100,000 rubles x 7.69%: 366 days x 60 days). The amount of personal income tax calculated at a rate of 35% is 441 rubles. (1260.66 rubles x 35%).
If an interest-free loan is received by an individual for several years and under the terms of the agreement it must be returned in full simultaneously with the expiration date of the agreement, then the material benefit should be determined annually as of December 31 for each tax period, and for the tax period when it is returned loan, - on the date of repayment of the loan.
Example 5
On February 9, 2008, the organization issued an interest-free loan in the amount of 200,000 rubles to an employee who is a tax resident of the Russian Federation. The terms of the agreement stipulate that the loan is to be repaid on December 31, 2009. The refinancing rate of the Bank of Russia as of December 31, 2008 was 12% per annum, and as of December 31, 2009 - 15% per annum (conditionally).
In 2008 material benefit is determined on December 31 for the period from February 9 to December 31, 2008. The following data is used to calculate the material benefit:
- the amount of the loan received - 200,000 rubles;
- number of days of using the loan - 327 days;
- the number of calendar days in a year - 366 days;
- 3/4 refinancing rate - 9% (12% x 3/4).
The amount of material benefit amounted to 16,081.97 rubles. (200,000 rubles x 9%: 366 days x 327 days). The amount of personal income tax is calculated at a rate of 35% and is equal to 5629 rubles. (16,081.97 rubles x 35%).
In 2009 for the period from January 1 to December 31, the material benefit is determined accordingly once - on the day of repayment of the loan, which is the day the loan agreement expires. The following data is used to calculate the material benefit:
- the amount of the outstanding loan - 200,000 rubles;
- number of days of using the loan - 365 days;
- the number of calendar days in a year - 365 days;
- 3/4 refinancing rate - 11.25% (15% x 3/4).
The amount of material benefit will be 22,500 rubles. (200,000 rubles x 11.25%: 365 days x 365 days). The amount of tax is calculated at a rate of 35% and is equal to 7875 rubles. (22,500 rubles x 35%).
2.5. Taxation when granting a loan to a non-resident
If a loan is granted to an individual who is not a tax resident of the Russian Federation, then the material benefit is determined in the same manner as the material benefit received by an individual who is a tax resident of the Russian Federation.
Example 6
On February 1, 2008, the organization issued an interest-free loan in the amount of 20,000 rubles to an employee who is not a tax resident of the Russian Federation. for two months. The terms of the agreement stipulate that the repayment of the loan was to be made on March 31, 2008. The loan was repaid by the employee on March 31, 2008. The refinancing rate of the Bank of Russia on that date was 10.25%.
The material benefit and the amount of personal income tax were determined on March 31, 2008 for the period from February 1 to March 31, 2008.
The following data were used to calculate the material benefit:
- the amount of the loan - 20,000 rubles;
- number of days of using the loan - 60 days;
- 3/4 refinancing rate - 7.69% (10.25% x 3/4).
The amount of material benefit amounted to 252.13 rubles. (20,000 rubles x 7.69%: 366 days x 60 days). Since the employee is not a tax resident of the Russian Federation, the amount of personal income tax was calculated at a rate of 30% and amounted to 76 rubles. (252.13 rubles x 30%).
2.6. Determination of the tax base and the amount of tax in relation to other income from loans received
If the payment of interest or the repayment of a loan for an individual who has received a loan is carried out at the expense of the lender or other persons, then the borrower, in addition to material benefits, generates income in kind, which is determined taking into account the provisions of Art. 211 of the Tax Code of the Russian Federation.
Example 7
On January 9, 2008, an employee who is a tax resident of the Russian Federation received a loan in the amount of 200,000 rubles from the organization at the place of work. for three months at the rate of 5% per annum. The terms of the loan agreement provide that the payment of interest and the repayment of the loan were to be made simultaneously no later than April 9, 2008. The refinancing rate of the Bank of Russia as of the interest payment date was 10.25% per annum. Estimated interest rate (three-fourths of the refinancing rate of the Bank of Russia) - 7.69%. The amount of interest under the loan agreement was to be paid by an employee of the organization in the amount of 2513.66 rubles. (200,000 rubles x 5%: 366 days x 92 days).
An employee of the organization returned the loan on April 9, 2008 only in the amount of 100,000 rubles. without paying interest. On the same day, he filed an application addressed to the head of the organization to write off the outstanding loan amount and interest due to the difficult financial situation in the family. By decision of the head of the organization, the amount of the loan and the interest fee was repaid at the expense of the organization's profit. The organization's accounting department repaid the loan and interest on April 9, 2008.
An employee of the organization receives monthly earnings in the organization in the amount of 40,000 rubles. Wages are paid to this employee on the 5th of every month.
In this case, an individual received income in the form of:
- material benefits from savings on interest for the use of borrowed funds;
- interest paid at the expense of the organization's funds and the amount of the loan;
- amount of earnings.
At the same time, personal income tax on material benefits is calculated at a rate of 35%, and income tax, the amount of interest and loans repaid at the expense of the organization's funds - at a rate of 13%.
We calculate the tax base and the amount of personal income tax in relation to material benefits.
The amount of the interest payment for the period from January 9 to April 9, 2008, based on three-fourths of the Bank of Russia refinancing rate as of the date of receipt of income in the form of material benefit, amounted to 3,866.01 rubles. (200,000 rubles x 7.69%: 366 days x 92 days).
Thus, the employee received a material benefit in the amount of 1352.35 rubles under the loan agreement. (3866.01 rubles - 2513.66 rubles). Personal income tax is calculated from the received amount of material benefits at a rate of 35% and amounted to 473 rubles. (1352.35 rubles x 35%). Material benefit is considered income received in April 2008.
Now we determine the tax base for income taxed at a rate of 13%. In January, February and March 2008, the employee's income amounted to 120,000 rubles. (40,000 rubles x 3 months). From this income, personal income tax in the amount of 15,600 rubles was calculated and withheld. In April 2008, the employee's income amounted to 142,513.66 rubles, including wages - 40,000 rubles; the amount of the repaid interest payment - 2513.66 rubles; the amount of the repaid loan is 100,000 rubles. Since the beginning of 2008, the total income of an employee subject to taxation at a rate of 13% amounted to 262,513.66 rubles, and the amount of personal income tax - 34,127 rubles.
When paying an employee on May 5, 2008, wages for April 2008, the accounting department of the organization had to withhold personal income tax:
- in the amount of 18,527 rubles. (34,127 rubles - 15,600 rubles) - from income subject to personal income tax at a rate of 13%;
- in the amount of 473 rubles. - from income in the form of material benefits.
Personal income tax must be withheld in full, since its amount is less than 50% of the income paid ( paragraph 4 of Art. 226 Tax Code of the Russian Federation ). Thus, the employee received on May 5, 2008 a salary of 21,000 rubles. already minus the amount of personal income tax.
3. Taxation of the lender - an individual
Depending on the terms of the contract, the lender - an individual may receive income subject to personal income tax. For example, under the terms of the contract, he receives an interest payment in rubles or in foreign currency for the loan funds provided to him. In this case, his income is the received interest. It does not matter who the borrower is - an organization or an individual.
According to subparagraph 1 of paragraph 1 of Art. 223 of the Tax Code of the Russian Federation, the date of actual receipt of income in the form of an interest payment is considered the day of payment of such income to an individual; the repaid loan amount is not the income of the lender.
Example 8
On January 9, 2008, an employee who is a tax resident of the Russian Federation provided a loan to the organization at the place of work in the amount of 200,000 rubles. for three months at the rate of 5% per annum. The terms of the loan agreement stipulate that the payment of interest and repayment of the loan shall be made in rubles no later than April 9, 2008. The loan was fully returned to the employee on April 8, 2008, and interest was paid to him on the same day. In this organization, an employee receives a monthly salary on the 8th day in the amount of 35,000 rubles.
The amount of interest under the loan agreement amounted to 2486.34 rubles. (200,000 rubles x 5%: 366 days x 91 days). The amount of the interest payment is taken into account when determining the tax base subject to personal income tax at a rate of 13% for April 2008.
In April 2008, the employee received an income in the amount of 37,486.34 rubles, including:
In addition to the above income, the employee has received a salary of 105,000 rubles since the beginning of the year. (35,000 rubles x 3 months).
Personal income tax was to be calculated taking into account the income received by the employee since the beginning of the year, and amounted to 18,523.22 rubles. (142,486.34 rubles x 13%). For January - March 2008, personal income tax in the amount of 13,650 rubles was already withheld from the employee. When paying wages for April, personal income tax in the amount of 4873.22 rubles was to be withheld from this employee.
4. Calculation and payment of personal income tax
4.1. General provisions
Chapter 23 of the Tax Code of the Russian Federation establishes two methods for paying personal income tax, if:
The calculation and withholding of personal income tax from income paid to an individual is carried out by the source of payment of such income, that is, by the tax agent;
The calculation and payment of personal income tax from the income received by an individual is carried out independently.
4.2. Calculation and payment of personal income tax by tax agents
Features of the calculation and withholding of personal income tax from the income of individuals, as well as its payment to the budget, are established in Art. 226 of the Tax Code of the Russian Federation, according to which Russian organizations, individual entrepreneurs, private practitioners, as well as separate subdivisions of foreign organizations from which (as a result of relations with which) an individual received income are recognized as tax agents. Tax agents are required to calculate, withhold and transfer to the budget the amount of personal income tax calculated taking into account the specifics provided for in Chapter 23 of the Tax Code of the Russian Federation.
The tax agent calculates the amount of personal income tax and pays them to the budget in respect of all income of an individual, the source of which he is, with the exception of income in respect of which the calculation and payment of personal income tax are carried out in accordance with Art. 214.1, 227 and 228 of the Tax Code of the Russian Federation.
Tax agents calculate personal income tax on an accrual basis from the beginning of the tax period at the end of each month for all income subject to a tax rate of 13%, taking into account the amount of tax withheld in previous months of the current tax period.
The amount of personal income tax on income to which other tax rates are applied is calculated by the tax agent separately for each amount of such income accrued to an individual.
With regard to income received by individuals who are not tax residents of the Russian Federation, the calculation and payment of personal income tax is carried out by a tax agent at a rate of 30% (except for dividends, from which the tax is calculated at a rate of 15%) without providing tax deductions provided for in Art. 218-221 of the Tax Code of the Russian Federation.
The tax agent withholds from an individual the calculated amount of personal income tax at the expense of any funds paid by the tax agent to this person, when they are actually paid. In this case, the amount of personal income tax withheld cannot exceed 50% of the amount of the payment.
If it is impossible to withhold personal income tax, then on the basis of paragraph 5 of Art. 226 of the Tax Code of the Russian Federation, the tax agent is obliged to notify the tax authority in writing about this within one month from the moment it became known that it was impossible to withhold this tax. The impossibility of withholding personal income tax, in particular, is considered to be cases where it is known for certain that the period during which the amount of the accrued tax can be withheld will exceed 12 months.
Example 9
On February 1, 2008, the organization issued an interest-free loan in the amount of 100,000 rubles to an employee who is a tax resident of the Russian Federation. for two months. The terms of the agreement stipulate that the repayment of the loan was to be made no later than April 30, 2008. The loan was repaid by the employee on April 30, 2008. The refinancing rate of the Bank of Russia on that date was 10.25%. In the organization, employees are paid monthly wages on the 5th. This employee's monthly salary is set at 40,000 rubles.
In April, the employee was on unpaid leave and therefore did not receive wages for April. On May 1, 2008, the employee quit. On May 5, he was paid compensation for unused vacation in the amount of 1,500 rubles.
The accounting department of the organization from the earnings received by the employee in the first three months of 2008, personal income tax was calculated and withheld at a rate of 13% in the amount of 15,600 rubles.
In this case, the material benefit and the amount of personal income tax should have been determined on April 30, 2008 for the period from March 1 to April 30, 2008. The following data were used to calculate the material benefit:
- the amount of borrowed funds - 100,000 rubles;
- number of days of using the loan - 90 days;
- number of calendar days in 2008 - 366 days;
- 3/4 refinancing rate - 7.69% (10.25% x 3/4).
The amount of material benefit amounted to 1890.98 rubles. (100,000 rubles x 7.69%: 366 days x 90 days). The amount of personal income tax is calculated at a rate of 35% and is equal to 662 rubles. (1890.98 rubles x 35%).
Compensation for unused vacation was to be taken into account when determining the tax base subject to taxation at the rate of 13% in May 2008. The accounting department of the organization determined the amount of personal income tax, taking into account the earnings received since the beginning of the year and compensation for unused vacation. The total amount of the employee's income taxed at a rate of 13% amounted to 121,500 rubles. Personal income tax is calculated at a rate of 13% in the amount of 15,795 rubles. (121,500 rubles x 13%). Previously, personal income tax was withheld in the amount of 15,600 rubles.
Thus, upon dismissal of an employee, the calculated tax should have been withheld from compensation for unused vacation:
- from material benefits - in the amount of 662 rubles;
- with compensation - in the amount of 195 rubles.
The total amount of personal income tax due to be withheld was 857 rubles. However, the accounting department of the organization had the right to withhold personal income tax from this employee no more than 50% of the payment, that is, no more than 750 rubles.
If an individual had not submitted an application with a request to withhold personal income tax in full upon payment of compensation to him, then the amount of this tax in the amount of 107 rubles. the accounting department of the organization would be transferred for collection to the tax authority, for which a certificate of income of an individual is issued for Form 2-NDFL approved by order of the Federal Tax Service of Russia of October 13, 2006 N SAE-3-04 / [email protected]. This was to be completed no later than June 6, 2008.
The amount of the calculated personal income tax is withheld from any income paid by the tax agent to an individual. Based on paragraph 1 of Art. 230 of the Tax Code of the Russian Federation, a tax agent is obliged to keep records of the income received from him by an individual separately for each tax period in the Tax Card in the form of 1-NDFL, the form of which was approved by order of the Ministry of Taxation of Russia of October 31, 2003 N BG-3-04 / 583. It calculates the tax base, reflects the amount of calculated and withheld personal income tax, as well as tax deductions.
The obligation of an individual to pay personal income tax is considered fulfilled from the day the tax agent withholds the calculated amount of tax. Payment of personal income tax at the expense of the tax agent or another person is not allowed. The tax agent cannot transfer his powers to other persons.
The tax agent transfers the amounts of personal income tax withheld from the income of taxpayers no later than the day the bank actually receives cash to pay income, as well as the day the income is transferred from the accounts of the tax agent in the bank to the accounts of an individual or on his behalf to the accounts of third parties.
In other cases, tax agents transfer the amounts of calculated and withheld personal income tax no later than:
The day following the day the taxpayer actually received income - for income paid in cash;
The day following the day of the actual withholding of the calculated amount of personal income tax - for income received by the taxpayer in kind or in the form of material benefits.
4.3. Calculation and payment of personal income tax by an individual
Features of the calculation and payment of tax by individuals are established in Art. 227 and 228 of the Tax Code of the Russian Federation.
For example, if income is received by an individual entrepreneur or a private practitioner (notary, lawyer), then the calculation and payment of tax by such persons are subject to the provisions of Art. 227 of the Tax Code of the Russian Federation, and in relation to certain types of income received by individuals, subject to the provisions of Art. 228 of the Tax Code of the Russian Federation.
In both cases, in relation to the income received, the calculation of personal income tax is carried out by an individual in a tax return, the form of which is approved by the Ministry of Finance of Russia (form 3-NDFL).
If the source of payment of income is a tax agent, then he is charged with the calculation and withholding of personal income tax. If it is impossible to withhold the tax, the tax agent submits information on the collection of tax to the tax authority. Individuals who have received income, upon payment of which the amount of personal income tax was not withheld by tax agents, pay tax in equal installments in two payments: the first - no later than 30 calendar days from the date of delivery by the tax authority of a tax notice of tax payment, the second - no later than 30 calendar days after the first payment date. This, in particular, is stated in paragraph 5 of Art. 228 of the Tax Code of the Russian Federation. At the same time, the payment of personal income tax on the basis of a tax notice does not exempt an individual from submitting a tax return in the form 3-personal income tax to the tax authority.
If the source of payment of income is not vested with the authority of a tax agent, then the payment of personal income tax on the income received by individuals must be paid by the taxpayer independently with the submission to the tax authority of a tax return in the form 3-NDFL, which is submitted to the tax authority no later than April 30 of the year following the expired tax period. The payment of the personal income tax calculated in the declaration must be made by an individual no later than July 15 of the year following the expired tax period.
Example 10
On February 1, 2008, a loan agreement was concluded between individuals who are not individual entrepreneurs. Under the terms of the agreement, funds in the amount of 500,000 rubles. should have been transferred by the lender from his account in a Russian bank to the borrower's account in a Russian bank. The interest payment under the terms of the agreement was to be paid at the rate of 5% per annum for the period of using the loan. The terms of the loan agreement stipulate that the payment of interest and repayment of the loan shall be made simultaneously no later than December 31, 2008. The funds were transferred in rubles on the day the loan agreement was concluded. The borrower returned the loan to the lender in full and paid interest on it on December 20, 2008. The amount of the interest payment under the loan agreement amounted to 22,131.15 rubles.
In this case, the contract is concluded between individuals and therefore the borrower does not have a material benefit from savings on interest for the use of borrowed funds.
The interest payment received by the lender is taken into account when determining the tax base subject to personal income tax:
At a rate of 13% - if the lender is a tax resident of the Russian Federation; the amount of tax in this case is equal to 2877 rubles;
- at a rate of 30% - if the lender is not a tax resident of the Russian Federation; the amount of tax in this case is equal to 6639 rubles.
At the end of the year, the lender is required to file a tax return form 3-NDFL, which indicates all income received by him in 2008, determines the tax base and the amount of tax.
Payment of tax to the budget system of the Russian Federation on the amount of the interest payment received must be made by the lender no later than July 15, 2009.
Material benefit is not determined:
If the borrower is an individual who is not an individual entrepreneur;
If borrowed funds are received for new construction or for the acquisition in the Russian Federation of a residential building, apartment, room or share (shares) in them, provided that the individual has the right to receive a property tax deduction in accordance with subparagraph 2 of paragraph 1 of Art. . 220 of the Tax Code of the Russian Federation. The right to receive a property tax deduction is confirmed by the tax authority in the manner prescribed by paragraph 2 of Art. 220 of the Tax Code of the Russian Federation. If the taxpayer has the right to receive a deduction, then the tax authority, at the request of an individual, issues a notification in the form approved by order of the Federal Tax Service of Russia dated December 7, 2004 N SAE-3-04 / [email protected], on the basis of which the tax agent has the right not to determine the material benefit in relation to such borrowed funds. The corresponding explanations were given by the Ministry of Finance of Russia in a letter dated 01/25/2008 N 03-04-06-01/20.