From January 1, 2016, numerous amendments were made to Chapter 23 "NDFL" of the Tax Code (hereinafter referred to as the Code). In this article we will talk about changes related to the calculation of NDFLs with the amount of material benefits (Federal Law of 02.05.2015 No. 113-FZ (hereinafter referred to as Law No. 113-FZ)).
The economic essence of material benefits is to exempt the taxpayer from any costs that he could have suffered, but in fact it did not suffer. According to the Code, the material benefit appears in an individual in the following cases:
- in the event of savings percentages for the use of borrowed or credit funds received from legal entities or IP (sub. 1, paragraph 1 of Art. 212 of the Tax Code of the Russian Federation);
- when purchasing goods (works, services) in individuals, organizations and IP, which are interdependent in relation to the taxpayer (sub. 2, 1 Art. 212 of the Tax Code of the Russian Federation);
- when acquiring securities, financial instruments of urgent transactions (sub. 3, 1 Art. 212 of the Tax Code of the Russian Federation).
It should be noted that until 2016, the types of material benefits, not subject to NDFL, were listed only in subparagraph 1 of paragraph 1 of Article 212 of the Code. From February 15, 2016, the material benefit received from the acquisition of securities with a controlled foreign company by the taxpayer is also not subject to taxation, which is recognized by the controlling person of such a foreign company, as well as the Russian interdependent person of such a controlling person. Moreover, it is necessary for obtaining release that the income of such a controlled foreign company from the implementation of these securities and costs in the form of the purchase price of securities were excluded from the profits (loss) of this foreign company on the basis of paragraph 10 of Article 309.1 of the Code (the relevant changes were made by the Federal Law of 15.02. 2016 No. 32-FZ, entered into force on February 15, 2016 and apply to legal relations arising from 01/01/2015).
There are situations where the taxpayer should pay the NDFL with the material benefit, for example, if he acquired the goods in an interdependent physical person in relation to it (paragraph 1 of Art. 228 of the Tax Code of the Russian Federation). However, in general, the obligation to calculate the material benefit is assigned to the tax agent, that is, the organization or IP, as a result of the relationship with the individual, this type of income arises (paragraph. 1 Art. 226 of the Tax Code of the Russian Federation).
The tax agent must not only consider NDFL, but also to keep it from the taxpayer, and then transfer to the budget in a timely manner. In addition, you must not forget to reflect the material benefit in the reporting of personal income tax. Consider the procedure for executing these liabilities in 2016.
Calculation of material benefit
Before talking directly on the calculation of the tax, it is necessary to understand at what point this calculation is made.Previously, the code did not contain direct response to this question. However, the cumulative interpretation of the provisions of Chapter 23 of the Code made it necessary to conclude that the calculation date should be determined by the rules established by Article 223 of the Code. Since 2016, the gap is eliminated. The necessary changes are made to clause 3 of Article 226 of the Code (sub. "A" in paragraph 2 of Art. 2 of Law No. 113-FZ), where it is now clearly indicated: "The calculation of the amounts of tax is made by tax agents at the date of actual income generation, which is determined in accordance with Article 223 of the Code. "
Until 2016, Article 223 of the Code envisaged the following procedure for determining the date of the actual gain of income in the form of material benefits (sub. 3, 1 Article 223 as amended, operating until 2016):
- when calculating the material benefit from the savings percentage - as a day of payment by the taxpayer of interest on the funds received (credit);
- when calculating the material benefit from transactions between interdependent persons - as the day of the purchase of goods (works, services);
- when calculating the material benefit from the acquisition of securities, financial instruments of urgent transactions - as the day of acquiring securities.
As for saving percentage in obtaining borrowed funds, for such material benefits, the procedure for determining the date of income has changed radically. Now such material benefit is determined not at the time of payment of interest, but on the last day of each month during the period on which borrowed (credit) funds were provided (sub. 7, paragraph 1 of Art. 223 of the Tax Code of the Russian Federation; Law No. 113-FZ).
What did the amendment affect? First of all, its introduction to the code allowed to reduce budget losses in part of NDFL, not paid with the material benefit of unscrupulous borrowers. The former order, in fact, allowed to delay the obligation to pay the tax for an indefinite period: the borrower does not pay the lender interest, therefore, it does not arise income in the form of material benefits (the letter of the Ministry of Finance of Russia dated 01.02.2010 No. 03-04-08 / 6 -eighteen).
In addition, the old version of Article 223 of the Code did not contain provisions governing the procedure for determining the date of receipt of income when concluding an interest-free loan agreement. In this regard, the question of the need to calculate the material benefits at the conclusion of such contracts until recently referred to the category of controversial:
- the official position was that the actual date of receipt of income in the form of material benefits in obtaining an interest-free loan should be considered the corresponding returns to the taxpayer of borrowed funds (letters of the Ministry of Finance of Russia from 10.06.2015 No. 03-04-05 / 33645, from July 15, 2014 No. 03 -04-06 / 34520, from 03/26/2013 No. 03-04-05 / 4-282);
- in the author's materials there was a point of view that income from material benefits with an interest-free loan did not arise at all.
According to the Ministry of Finance of Russia (letters of the Ministry of Finance of Russia dated 15.02.2016 No. 03-04-06 / 9399, from 02.02.2016 No. 03-04-06 / 4762), the new procedure for recognizing the income under consideration is used since January 1, 2016, regardless of From the date of conclusion of the borrowed (credit) contract. That is, if, for example, borrowed obligations arising in 2015, and interest on them until January 1, 2016 were not repaid, calculate the amount of income in the form of material benefits is necessary on January 31, 2016 for all days of use of borrowed funds from the date of their receipt . If in 2015 the repayment of interest was partially carried out and with respect to the borrower determined the taxable income in the form of material benefits (for example, the last time the income was determined on 12/20/2015), on January 31, 2016 it is necessary to calculate the amount of income in the form of material benefits obtained for the period of use borrowed funds, starting from the date of the last determination of income (12/20/2015).
Note that such a point of view of heavenly. Transitional provisions governing the procedure for determining the date of receipt of income in the form of material benefits from saving percentage in obtaining funds under loan agreements, including interest-free concluded before 2016 and in force in 2016, law No. 113-FZ is not established. In a part that changes the order of recognition of income in the form of material benefits from savings percentage, Law No. 113-FZ, in the opinion of the author, the inverse force does not have (paragraph 2 of Art. 5 of the Tax Code of the Russian Federation), that is, does not apply to the previous tax Periods. Consequently, for such income, previous rules should be applied: income arises at the date of payment of interest or return of borrowed funds.
No changes directly concerning the procedure for calculating the material benefit, since 2016 there was no in the code. As before, the tax base for such income is determined by the rules established in paragraphs 2-4 of Article 212 of the Code.
Take, for example, one of the most common types of material benefits - savings percentage of loan or loan. Such savings occurs if the individual receives borrowed funds under the percentage, the value of which is less than the minimum set by the legislation:
- according to ruble loans, the minimum percentage amount is 2/3 of the refinancing rates of the Central Bank of the Russian Federation acting on the calculation date;
- for foreign loans and loans, the minimum percentage is 9 (sub. 1 p. 2 of Art. 212 of the Tax Code of the Russian Federation).
As mentioned above, the principle of calculating NDFLs with such material benefits remained the same. Nevertheless, in 2016, an important event occurred, which, among other things, had an impact on the calculation of the material benefit from the savings percentage. Since the influence is quite essential, the author considers it necessary to pay attention to him by taxpayers and tax agents.
The fact is that from January 1, 2016, the Bank of Russia equated the importance of the refinancing rate to the key rate (indication of the Bank of Russia from 11.12.2015 No. 3894-y). It should be noted that in the Russian Federation a key rate from the moment of its introduction (September 2013 (the information of the Bank of Russia dated September 13, 2013)) was always above the refinancing rate. So, since August 2015, the key rate is 11 percent of the annual (information of the Bank of Russia dated July 31, 2015), while the value of the refinancing rate has not changed since September 2012 and amounted to 8.25 percent per annum (indication of the Bank of Russia from 13.09.2012 No. 2873 -).
Equating the stakes under consideration to each other, in fact, led to an increase in the refinancing rate, which, in turn, led to an increase in the minimum value of percent, based on which income is calculated in the form of material benefits on ruble loans. If earlier such material benefits arose when issuing borrowed or credit funds under a percentage below 5.5 percent of annual (2/3 of 8.25%), then currently the tax must be paid to borrowers who have a loan percentage (loan) is less 7.3 (2/3 of 11%).
Obviously, in the context of calculating material benefits, such a change is negative, as it leads to an increase in the tax burden on individuals.
On January 1, 2015, the organization issued an employee of borrowed funds in the amount of 1,000,000 rubles under 6% per annum for a period of 1 month.
Income in the form of material benefits In 2015, the employee did not arise:
1,000,000 rubles. × (5.5% - 6%) × × 31 day: 365 days. \u003d 0 rub.
Now suppose that the same loan under the same conditions was not issued in 2015, but in 2016
Income in the form of material benefits will be:
1,000,000 rubles. × (11% - 6%) × × 31 days: 366 days. \u003d 4234 rub. 97 kopecks.
NDFL with material benefit
Tax on material benefits is considered, but about paying it to the budget to speak early. Recall that only the tax amounts can be listed in the budget, which are predefined from the taxpayer itself, the payment of NDFLs at the expense of tax agents is not allowed (paragraph 9 of Art. 226 of the Russian Federation). Simply put, NDFL can be paid to the budget only if the funds for its payment are pre-taken from an individual.To hold the accrued tax amount is necessary at the date of the actual income payment of the taxpayer (clause 4 of Art. 226 of the Tax Code of the Russian Federation).
Different types of material benefits are subject to NDFL at different rates. For example, when calculating the material benefit from saving percentage, a rate of 35 percent is used (clause 2 of article 224 of the Tax Code of the Russian Federation), and when calculating the benefits of transactions between interdependent persons - a rate of 13 percent (clause 1, Article 224 of the Tax Code of the Russian Federation).
Do not confuse this date from the date of actual income getting!
Data effects of income is the date on which the NDFL is calculated with material benefits. To keep the tax agent at the taxpayer, the tax agent cannot physically: make hold simply not why, because there are no money at the time of taxation to the physical person is not paid.
The date of the actual payment of income is the date on which the tax agent pays to the taxpayer any funds: wages, vacation pay, money for purchased goods, etc. (letter of the Ministry of Finance of Russia dated September 7, 2015 No. 03-04-06 / 51392) From the amount paid and need to keep NDFL. Please note: the detected tax amount should not exceed 50 percent of the amount of income paid (paragraph 2 of clause 4 of Art. 220 Tax Code of the Russian Federation).
To list the amounts of the calculated and retained tax in 2016, no later than the day following the day of payment of the income taxpayer (paragraph 6 of Art. 226 of the Tax Code of the Russian Federation as amended by Law No. 113-FZ). Earlier, the deadline for the listing of the NDFL into the budget was established as the day of actual receipt at the Bank of cash for income payments.
If the tax did not succeed, for example, the amount of existing income was not enough to fully carry out NFFL, or the taxpayer's income was not paid at all, the inability to keep the tax in writing in writing to the IFTS and the taxpayer itself. As before, such a message appears in the form of 2-ndfl, in the header part of which the sign 2 (paragraph 5 of Article 226 of the Tax Code of the Russian Federation should be launched; Section II of Appendix No. 2 to the Order of the Federal Tax Service of Russia of October 30, 2015 No. MMB-7 eleven/ [Email Protected]).
From January 1, 2016, paragraph 5 of Article 226 of the Code was set out in the new edition. New wording present in this standard in aggregate with the fact of the cancellation from the same date of paragraph 2 of Article 231 of the Code (clause 4 of Article 2 of Law No. 113-FZ) make it possible to conclude that it is possible to carry out personal income tax from the taxpayer's income Only in that calendar year, when these revenues were accrued. After the end of the year, the tax of the tax of the tax is impossible for any reason by taxpayer. In this regard, it is currently an open question about the possibility of holding personal income tax with the material benefit, the accrued taxpayer in December (on December 31, 2015).
You can use our calculator to calculate the material benefit of the loan obtained both until 2020 and after which the return date of the loan falls on January 1, 2020. From January 1, 2020, the date of receipt of income in the form of material benefits is considered the last number of each month during the period on which the loan is issued.
The date of return of the loan is considered a day when you received cash in cash or your account credited money. If the loan return period has not yet approached, put the return date under the contract. The material benefit from the savings percentage arises if the company issued an individual interest-free loan or interest rate on a loan below 2/3 of the refinancing rate.
If the loan agreement states that it is issued to the purchase or construction of housing and the borrower brought a notice of confirmation of the right to property deduction for the purchase of this housing. "
When it arises, the parties may not register in the amount of interest in the amount of interest.
But, this does not mean that the agreement is at all interest.
In this case, the lender has the right to collect interest from the subject, equal rates of refinancing the Central Bank of the Russian Federation.
The amount of material benefits is subject to NDFL (Art. 210, sub. 1 p. 1 of article 212 of the Tax Code of the Russian Federation)
How to consider material benefits with an interest-free loan
Often there are situations when in the agreement signed between the loan and the lender is not the interest rates on the loan. For tax, not only the tax status of the lender, but also the goals of the loan.
For example, when credit finances are issued to acquire a new property, the client has the right to benefits in the form of property deduction.
The material benefit is subject to counting if the loan agreement "appear" is not subject to objects, property, but money masses. On the contrary, the reason for the calculation of savings does not occur in certain cases: the material benefit is stated when the interest rate set for using credit sums is less than the current refinancing rate. To calculate the tax base for material benefits, you need to track information from the Central Bank.
At the same time, if the saline is individual entrepreneurs, the tax still has to be paid; Conclusion of a contract between legal entities; If interest, which are accrued on the loan amount, are a fine for non-compliance with the validity of the debt repayment established earlier; The issuance of borrowed funds is made from the state budget. In addition, there are situations in which material benefits arises, but not taxed.
To calculate the material benefit, there are standard formulas.
In the absence of percent, the material benefit (MV) is formed on the day of repayment of the loan, and under prefidence - on the day of interest.
if the loan rate, the sum of which is determined in foreign currency, less than 9% (PP.
2 p. 2 Art. 212 Tax Code).
Article 224 of the Tax Code of the Russian Federation established rates on NFFL.
This article says:
- if the borrower is not a tax resident of the Russian Federation - at a rate of 30% (paragraph 3 of Art. 224 of the Tax Code of the Russian Federation).
- if the borrower is the tax resident of the Russian Federation - at a rate of 35% (paragraph 2 of Art. 224 of the Tax Code of the Russian Federation);
The amount of material benefits of a loan issued in rubles is calculated by the formula: MB \u003d SZ X (2/3 x% of the Central Bank of the Russian Federation -%) / 365 (366) x DN., Where: MV - material benefit derived from savings percentage ; % Of the Central Bank of the Russian Federation - the refinancing rate of the Central Bank of the Russian Federation, operating on the last day of the month; % - interest rate on loan; 365 (366) - the number of days a year; DN. - The number of days of use of the loan per month.
Usually, the employee is provided without percent. About accounting, as well as the tax consequences of such a transaction and will be discussed in this article.
Usually, when it comes to the provision of funds for the temporary use of the organization, synthetic and analytical accounting on such loans and loans is conducted on account 58 "Financial Investments".
Today, May 9, 2020, 20:33 There were partial loan repayment. Specify the last date of payment of interest, if it comes from for the period up to 2020, as well as the amount of an outstanding loan to this date, specify the actual loan repayment dates and the loan balance after repayment to these Dates, starting with the last repayment of the loan in the period up to 2020
Material benefit is exempt from taxation when performing two requirements (PP.
1 p. 1 Art. 212 Tax Code of the Russian Federation): Benefits from savings to interest is recognized: upon receipt of a loan in foreign currency, a borrower is formed by the material benefit, taxable personal income, if (PP. Information associated with income in the form of material benefits on loan and personal income tax with it, must be reflected:
- in the Help 2-NDFL (the material benefit from the savings percentage corresponds to the code 2610 (Appendix No. 1 to the order of the FTS dated September 10, 2015 No. MMB-7-11 /);
- in the calculation of the form of 6-NDFL.
How to calculate the material benefit on an interest-free loan?
Most often it occurs when conclusion of transactions between interdependent legal entities.
- Is the borrower forms another object of taxation when calculating income tax?
- How to calculate the income formed in the form of savings percent in this case?
The position of the Ministry of Finance in these issues is ambiguous.
On the one hand, any economic benefit is recognized income. On the other hand, this benefit is difficult to assess.
On the conditions of obtaining a loan in the PDA, more here. The circumstances of preferential lending arise not always.
The material benefit should not be subject to accounting in the company's accounting in several cases:
- when the purpose of the loan is the acquisition (construction) of housing by an individual: apartments, rooms, houses, land for individual housing construction;
- in the restructuring of the debt, the purpose of which is again the purchase of housing;
- when the loan is not given within the framework of entrepreneurial activities and the lender to the Agreement is an individual;
- if not money is transferred under the contract, but things.
The status of the tax agent in individuals does not always occur.
Calculation of material benefit in 2020 Calculator
Now, to recognize it with taxable income, it must be obtained: or from the employer (organization, entrepreneur); or from an interdependent person (organization, entrepreneur); or as material assistance; or in the form of a repayment by the organization or entrepreneur obligations to an individual - a borrower.
Material Benefit 2020 Calculator
Material benefit on loan
Such income in most cases is taxed, which must be calculated and paid to the tax service. The reason for the introduction of such a norm into legislation was the policy of some taxes from paying taxes: registration of salaries in the form of interest-free loans, signing a bid agreement to relatives, etc.
Saving money when making a loan in national currency may occur when:
- interest-free loan;
- loan with interest less than 2/3 of the refinancing rate in this area.
With loans in foreign currency, the profit arises during an interest-free contract and the contract with a rate of less than 9% per annum.
Material benefit can occur only at cash loans.
In the case of a property loan, it is not determined.
Calculation of NDFLs with material benefits derived from savings percentage of loans in 2020
In accordance with PP. 1 p. 1 Art. 212 Tax Code Organization is obliged to calculate NDFLs with the material benefit derived from savings percentage when granting a loan (including interest-free) physical face: if the loan rate, the amount of which is defined in rubles, less than 2/3 of the refinancing rate (key rate) of the Central Bank RF (PP.
Calculation of material benefits on interest-free loan in 2020 (example)
The material benefit appears when signing the borrowed fund transmission agreement in the event that money is issued without accrualing interest or in preferential terms. Sometimes, when issuing a loan agreement, a bid may be installed, taking into account the inflation rate.
As a rule, it is lower than the refinancing rate by about 2/3.
- in the absence of interest accruals for borrowed funds;
- when issuing borrowed funds in foreign currency, if the rate does not exceed 9%.
- at a minimum rate not exceeding 2/3 refinancing rates;
Please note: the material benefit occurs only if cash is transferred under the contract.
- conclusion of a contract between individuals.
Calculation of material benefit in 2020 Calculator
You can use our calculator to calculate the material benefit of the loan obtained both until 2020 and after which the return date of the loan falls on January 1, 2020.
How to calculate the benefits of interest-free loan issued at 2020
FTS has edited the control ratios of the VAT Declaration.
This is due to the entry into force of the order that has made amendments to the VAT reporting form.
From January 1, 2020, the material benefit must be determined on the last day of each month, starting from January 31, 2020, the date of the partial return of borrowed funds coincides with the payroll date.
Calculation of material benefits with interest on loan and ndfl
To calculate the material benefit when saving percentage on borrowed funds, use the key bid of the Central Bank.
As of September 19, 2020, it was 10 percent. Example of calculation. A NDFL hold at a rate of 35 percent.
The material benefit does not arise if the loan agreement states that the loan is provided for the purchase or construction of a specific housing, and the borrower brought a notice from the IFTS confirmation of the right to property deduction for the purchase of this housing.
How to calculate the material benefit with an interest-free loan in 2020
If the owner is drawn by his company, the participant and a limited liability company are in borrowed relations. Very often, the owners are "credited" from their own company, making up interest-free loans, which are then repulsed for many years. After all, there are no tax consequences from this.
Everything will change from the new year. We will earn new rules for which it will not be possible to freely use such loans - even if the interest rate on them is zero. Now for the use of an interest-free or low profitable loan will have to pay NDFL. FTS RF in his letter dated November 23, 2019
No. BS-4-11 / led an example of filling the calculation of 6-NDFL. If the employee issued a loan on preferential terms, determine which material benefits will be, accruem NDFL, explain to the employee, what amount and for which it will be kept. Tell how to do it.
Ndfl calculator with material benefit on loan
Today, May 30, 2020, 13:42 There was a partial loan repayment. Specify the last date of payment of interest, if it comes from the period until 2020, as well as the amount of an outstanding loan to this date, specify the actual loan repayment dates and the loan balance after the repayment of these Dates, starting with the last repayment of the loan in the period up to 2020
(if such was) Specify the dates of repayment of the loan and the balance of the outstanding loan to these dates. Specify the dates of repayment of the loan after January 1, 2020 and the balance of the outstanding loan to these dates Specify the dates of repayment of the loan and the balance of the outstanding loan to these dates. Specify the last date of payment of interest if It falls for the period up to 2020. Since 2020, the procedure has changed the procedure for issuing personal income tax of material benefits on loans (PP.1 of paragraph 1 of Article 22 of the Tax Code (as amended, acts.
Tax Code of the Russian Federation Incomes of the individual in the form of material benefits are included in the tax base for personal income tax.
Features of the calculation of the tax base upon receipt of income in the form of material benefits are established by Art. 212 Tax Code of the Russian Federation.
One of the types of material benefits taxed by NDFL is the material benefit from savings percentage for the use of taxpayer borrowed (credit) means obtained from organizations or individual entrepreneurs. However, there are exceptions in which the material benefit is exempt from NDFL (see schema 1).
This release is applied even if the taxpayer for any reason did not take advantage of the property deduction on the acquired property (the letter of the Ministry of Finance of Russia dated September 4, 2009
At the same time, the Court may establish other cases (clause 7 of Art. 105.1 of the Tax Code of the Russian Federation);
2) goods (work, services) sold taxpayer at a lower price (paragraph 3 of Art. 212 Tax Code of the Russian Federation).
In general, this material benefit is subject to personal income tax.
NDFL with material benefits obtained from the acquisition of goods (works, services) in relation to the taxpayer in relation to the taxpayer (works, services) is calculated on the day of their acquisition according to the following formula (PP. 2 of paragraph 1, paragraph 3 of Art. 212, paragraph 3 p. 1 Art. 223, p. 1, 3 of Art. 224 of the Tax Code of the Russian Federation):
For Tax Resident RF:
NDFL \u003d (the cost of goods (works, services) under normal conditions - the cost of goods (works, services) for the taxpayer) x 13%;
For the tax non-resident of the Russian Federation:
NDFL \u003d (the cost of goods (works, services) under normal conditions - the cost of goods (works, services) for the taxpayer) x 30%;
Special deadlines for the payment of tax with material benefits when purchasing goods (works, services) in an interdependent person. The same terms of payment are applied, which is provided for for the transfer of personal income tax on the material benefit from the savings percentage.
An individual entrepreneur is engaged in retail sale of upholstered furniture.
Material benefit from savings percentage 2020 worker resigned
The Tax Code of the Russian Federation is overcome by the tax agent from the income of the taxpayer, the amount of NDFL is refundable to the tax agent on the basis of a written statement of the taxpayer.
NDFL with material benefits in the form of a loan from organizations or IP
Often, when receiving loans from individuals, banks or employers, citizens arise the material benefit from savings percentage, which is a taxable income of the individual - the payer of the NDFL.
Civil Legal Bases Loan
The relationship between the parties under the loan agreement is governed by § 1 "loan" of chapters 42 "Loan and Credit" of the Civil Code of the Russian Federation.
Under the loan agreement, one party (lender) transfers money or other things defined by generic signs to the ownership of the other party (borrower). The borrower undertakes to return the lender the same amount of money (the amount of the loan) or an equal number of other things obtained by him of the same kind and quality (p.
1 tbsp. 807.
The loan agreement is considered concluded from the moment of transferring money or other things. Foreign currency and currency values \u200b\u200bmay also be subject to a loan agreement on the territory of the Russian Federation in compliance with the rules of Art.
Registration of the contract
If the borrower is a citizen
Features of providing a loan for interest by a citizen borrower for purposes not related to entrepreneurial activities are established by law (clause 3 of Art. 807 of the Civil Code of the Russian Federation).
If the loan amount between citizens exceeds at least 10 times the minimum wage established by law, the contractual relations between the lender and the borrower are issued by the written form of the contract.
And the taxable income in the loan in foreign currency is calculated taking into account the rate of 9% per annum.
As a general rule, the material benefit is subject to NDFL at a rate of 35% (paragraph 2 of Art. 224 of the Tax Code of the Russian Federation) is paid on time no later than the first working day following the tax retention day.
The rules for calculating and paying taxes from material benefits from savings on interest-free loans are not fundamentally different from the rules for similar interest loans in rubles and currency.
The amount of tax rates on personal income tax on the material benefit from savings percentage of loan
The amount of the tax rate on NDFL, which applies to material benefit from the savings percentage, depends on the tax status of an individual - the recipient of such income (paragraph 2, 3 of Art. 224 of the Tax Code of the Russian Federation):
for the Tax Resident of the Russian Federation - 35%;
for the tax non-resident of the Russian Federation - 30%.
Dates of payment of NDFLs with material benefits
The term of transfer is no later than the first working day following the tax retention day (paragraph 7 of Art. 6.1, paragraph 6 of Art. 226 of the Tax Code of the Russian Federation).
Hold Day - the date of the nearest payment of the physical female. At the same time, no more than 50% of the amount of income in cash (p.
4 tbsp. 226 NK RF).
If the organization has no opportunity to keep NDFL during the tax period, then it is necessary to inform the taxpayer about this and in the inspection in accordance with paragraph 5 of Art. 226 Tax Code of the Russian Federation, issued a certificate of 2-NDFL.
The list of types of state controls is expanded, under which a risk-oriented approach is applied.
Interest-free loan employee in 2020
matveyGod for interest-free loans is calculated by the formula (sub. 1 p. 1, paragraph 2 of Art. 212 of the Tax Code of the Russian Federation): The number of days of use of the loan is calculated:
- in the remaining months - as a calendar number of days in a month.
- in a month, when the loan is repaid, - from the first day of the month on the day of repayment of the loan;
- in a month, when the loan is issued, - from the day following the day of issuing a loan and the last number of month;
If the loan is issued at interest, but the interest rate under the contract is less than 2/3 of the key rate of the Central Bank, then MatveyGode is considered according to the following formula (sub. 1 p. 1, paragraph 2 of Art.
Refinancing rate
From January 1.01.16, the Bank of Russia does not establish an independent value of the refinancing rate, it equates to the value of the key rate of the Bank of Russia defined on the relevant date (indication of the Bank of Russia dated December 11, 15
2 p. 4 tbsp. 328, paragraph 6 of Art. 250, p.
6 tbsp. 271 Tax Code). If the forgiveness of debt is issued by the agreement: if the non-refundable loan amount is issued by the Darment Treaty: thus, it is more profitable for the employer and for an employee to terminate obligations under the loan agreement through the donation agreement.
Material benefit on interest-free loan 2020 posting
the company puts himself at a risky position, since the founder - a priori interdependent face, and therefore the controllers will take such a transaction to control.
By the poet, tax consequences in 2020 will depend on how the tax authorities qualify the interest-free granting of funds.
In fact, having received an interest-free loan from the founder. Interest on issued loans are charged relative to the income accounting method.
For this, accounting wiring are used. The wiring of the loan is required in a special way.
Incomes of an individual in the form of material benefits are taken into account when determining the tax base for NDFLs along with other income of the taxpayer (clause 1 of Article 220 of the Tax Code of the Russian Federation). which are subject to refund by the employee 04/18/2019.
The note: If you get (or are going to receive) a tax deduction at the employer, then you have enough notice to receive deduction and exemption from material benefit.
Example: Gorbatoy G.G.
i made a loan of 4.5% per annum on the purchase of a land plot and further construction on it of a residential building.
On approval of the Regulation on the establishment of measures to prevent conflict of interest regarding officials of the federal executive authorities involved in the process of regulating, control and supervision in the field of compulsory pension insurance, officials of the Pension Fund of the Russian Federation and members of the Public Council on Investing Pension Accumulation Funds " It is indicated that the material benefit is an economic benefit in monetary or natural form, which can be assessed and determined as an income in accordance with the tax legislation of the Russian Federation.
The principles of determining income for tax purposes are fixed by Art. 41 of the Tax Code of the Russian Federation, which determines income as an economic benefit in monetary or natural form, taken into account if it is possible to assess and to the extent that such benefits can be assessed, and determined (in the context of this article) in accordance with Chapter 23 "Tax on Revenues of individuals "of the Tax Code of the Russian Federation.
Consequently, from the point of view of NDFL under material benefit, it is necessary to understand the economic benefit of an individual, which can be recognized by its income in the following conditions:
shall be obtained in cash or natural form; Its size can be estimated; It can be defined in accordance with the rules of chapter 23 of the Tax Code of the Russian Federation.
When the material benefit is freed from NDFL
Based on paragraph 1 of Art.
Federal Law "On Amendments to Parts First and Word of the Tax Code of the Russian Federation in order to increase the responsibility of tax agents for non-compliance with the requirements of tax laws and fees."
Therefore, to determine the material benefit of the taxpayer and calculate the amount of NDFL tax agent to the last number of each month during the entire period of use by the physical face of borrowed funds (a letter of the Federal Tax Service of Russia of 23.11.16 No. BS-4-11 / [Email Protected]).
In this case, the employee has a material benefit when saving percentage, since 4%
The order of taxation of income in the form of material benefits has always caused many issues. In the article, consider the mechanism for the formation of the tax base and determining the income tax in the form of material benefits.
In the contour. Shkol: changes in legislation, specifics of accounting and tax accounting, reporting, salary and personnel, cash transactions.
Income in the form of material benefits This is a kind of "virtual" income, which can only be understood that in this particular situation the taxpayer paid for the use of a loan or a lesser amount. This income, in contrast to income in monetary or natural form, cannot be fascinated. However, the budget taxes are paid in cash.
The income of the saline includes material benefits obtained (Article 222 of the Tax Code of the Russian Federation):
- from saving percentage for the use of borrowed (credit) funds received from organizations or PI, with the exception of individual cases. Ministry of Finance in the letter dated July 4, 2017 No. 03-04-05 / 42040reported that the benefit appears if the interest rate on the loan is less than 2/3 of the refinancing rate established by the Central Bank. At the same time, the refinancing rate is taken by the date of receipt of the material benefit from reduced percent. This date is recognized the end of each month, while the loan agreement is applied.
- from the acquisition of goods (works, services) in accordance with the civil-law contract in individuals, organizations and individual entrepreneurs who are interdependent in relation to the taxpayer.
- from the acquisition of securities, derivative financial instruments, with the exception of securities acquired from a controlled foreign company by a controlling individual, as well as an interdependent face of such an individual, if the income of a foreign company from the sale of these securities and costs in the form of price of their acquisition are excluded from its Profit (loss).
There are no other cases of recognition of material benefit income. This list is closed.
Material benefit from interest savings
Consider income in the form of material benefits derived from savings percentage for the use of credit (borrowed) means.
Such an income is formed by the individual, if:
- loan interest-free
- ruble loan rate less than 2/3 refinancing rates (key bet) of the Bank of Russia (from June 19, 2017, the refinancing rate of the Central Bank of the Russian Federation is 9% per annum, therefore, the border value will be: 2/3 x 9% \u003d 6%)
- the rate on the loan in the currency is less than 9%.
From this rule there are exceptions. The material benefit from the savings does not occur in two cases:
- the borrower brought a notice or certificate from the IFTS, confirming the right to property tax deduction on the cost of purchasing this housing. In the notice (certificate) details of the loan agreement should be indicated
- the loan agreement states that it is provided to buy or build a specific residential premises.
Thus, NDFL is not subject to income in the form of material benefits obtained:
- from banks located on the territory of the Russian Federation, in connection with operations with bank cards during the interest-free period established in the bank card provision agreement;
- from savings percent for the use of borrowed (credit) funds provided to new construction or acquiring residential buildings in the territory of the Russian Federation, apartments, rooms or share (fractions) in them, land plots provided for IZH, and land plots on which they are purchased residential buildings, or share (shares) in them;
- from saving percentage for the use of borrowed (credit) funds provided by banks located on the territory of the Russian Federation, in order to refinance (dedicate) loans (loans) obtained for new construction or acquisition in the territory of the Russian Federation residential buildings, apartments, rooms or a share ( Shares) in them, land plots provided for IZhS, and land plots, on which purchased residential buildings are located, or a share of (shares) in them
In the last two cases, the material benefit is not subject to NDFL, provided that the taxpayer has the right to receive property tax deductions confirmed by the tax authority.
A document confirming the taxpayer's right to receive property tax deductions is:
- notification in form, approved. Order of the Federal Tax Service of Russia of January 14, 2015 No. MMB-7-11 / [Email Protected]
- help can be used, the form of which is recommended by the letter of the Federal Tax Service of Russia of January 15, 2016 No. BS-4-11 / [Email Protected] - issued for submission to tax agents
It is important that the notification and certificate must contain the details of the loan agreement (loan), on the basis of which borrowed (credit) funds spent on the acquisition of real estate in respect of which the property tax deduction is provided.
The procedure for exemption from NDFL:
- starting from the month of providing a taxpayer of a document confirming his right to receive property tax deductions, the amount of NDFL, held by the tax agent from income in the form of material benefits from the beginning of the tax period, is subject to a test when calculating the amount of personal income tax by a growing outcome on the income amount of the taxpayer to be taxed (letter MF RF dated 09/21/2016 No. 03-04-07 / 55231).
Formulas for calculating the material benefit from the savings percentage
The tax base for income in the form of material benefits from savings percentage is calculated by the formula:
The material benefit from the savings percentage \u003d (2/3 of the refinancing rates of the Central Bank of the Russian Federation on the last day of the month - the loan rate or loan according to the terms of the contract) x loan amount / 365 or 366 days x number of days of use of the loan in the month
The income tax in the form of material benefits from saving percentage for the use of credit (borrowed) means is calculated at the rates:
- 35% - if the borrower Tax Resident of the Russian Federation
- 30% - if the borrower is non-resident.
In the event that the loan is interest-free, then the tax base is calculated by the formula:
Material benefit from savings percent on interest-free loan \u003d 2/3 Refinancing rates of the Central Bank of the Russian Federation on the last day of the month x loan amount / 365 or 366 days x number of days of use of the loan in the month
The tax base of income in the form of material benefits from saving percentage for the use of borrowed funds, as well as tax is calculated on the last number of each month of use of the loan.
Holding and listed by NDFL
How is the deduction and transfer of Ndfl tax agent calculated from the material benefit? If in the current year the borrower paid money income - NDFL is held with any close money to pay the borrower.
The tax is listed in the budget no later than the day following the day when the money is paid.
In Help 2-NDFL, the material benefit is indicated by the income code 2610. The "Sign" field is set "1". If in the current year the borrower was not paid money income - the tax into the budget is not transferred. At the same time, the Help 2-NDFL is submitted to the IFTS, which indicates the income in the form of material benefits and the sum of the uncompressed personal incomephod. In this reference, "2" is set in the "sign" field, which means the transfer of tax on the recovery of tax authorities. In the future, in general, with all other references that the tax agent submits to the IFNS for each taxpayer, in respect of which he performed a tax agent, this certificate is filed, but already with the sign "1" and this means that the Tax Agent has fulfilled its duties . In addition, the borrower is issued a similar certificate (or a certificate of an accountant in arbitrary form) no later than March 1 of the year, following the year in obtaining the borrower material benefits.
NDFL with material benefits (and inthrome in kind) should not exceed 50% salary on hand.
Reflection of material benefits in 6-NDFL
- It is shown in the 6-NDFL for each period of use of the loan
- In section. one:
- separate block of strings 010 - 050
- the line 020 reflects the material benefit calculated for the entire reporting period
- in line 040 - Ndfl calculated from it
- in line 070 - NDFL with material benefits, retained from the beginning of the year to the end of the reporting period. This amount is usually less than calculated personal inclination from the row 040. Ndfl with material benefits for the last month of the period held already in the next quarter
- In line 080 NDFL with material benefits is included only in 6-NDFL per year. It indicates NDFL with material benefits, calculated on December 31, which the tax agent cannot hold until the end of this year.
3. In section. 2.so many blocks of strings 100 - 140 are filled, how many times the personal income tax was listed with material benefits in the last quarter of the reporting period. Each of them indicates:
- in line 100 - the last day of the month for which the material benefit is calculated;
- in line 110 - the deduction date of the NDFL;
- in line 120 - the next business day after retention.
If the borrower is paid salary or other income on the last day of the reporting period:
- in line 070, the NDFL is shown, held with all the material benefits for the period, i.e. The entire amount of personal income tax with material benefits from line 040;
- the material benefit, the NDFL with which is listed on the last day of the quarter, is shown in section. 2 for the next quarter.
For example, it is not necessary to show 6-NDFL for I square. 2017. Material benefit, NDFL with which was listed on March 31. After all, the period of payment of tax under Art. 226 NK in this case - 04/03/2017. This material benefit will affect the section. 2 Calculation of 6-NDFL in the first half of 2017
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Since 2018, the procedure has changed the procedure for issuing personal income tax of material benefits for loans (PP.1 of paragraph 1 of Article 22 of the Tax Code of the Russian Federation (as amended, acts. From 01/01/2018)). Thus, the taxable benefit occurs under the observance of at least one of the conditions:
- the loan is obtained by the saline from the organization or the PI, with which it is in labor relations;
- the loan is obtained by a saline from an organization or IP, which are recognized with him with interdependent persons;
- the interest savings are actually material help;
- savings percentage is actually a form of counter execution by the organization or IP commitment to the individual, incl. payment (remuneration) for the goods supplied to them (performed works, services rendered).
True, sometimes the material benefit is not subject to personal income tax, even contrary to the observance of at least one of the above-mentioned conditions.
When the borrower does not occur in any case the taxable personal income tax of the material benefit on loan
Material benefit is exempt from taxation when performing two requirements (PP. 1, 1 Article. 212 Tax Code of the Russian Federation):
- the loan agreement states that funds are provided to the borrower to buy concrete housing or for the construction of housing;
- the borrower presented a notice or certificate from IFTS, confirming the borrower's right to receive property deductions for this housing. Moreover, in the document from the IFTS, the details of the loan agreement must be indicated (paragraph 2 of the Ministry of Finance from 09/21/2016 No. 03-04-07 / 55231).
What amount is recognized by the material benefit on loan
The benefit of saving percentage is recognized:
- if a percentage agreement, then the difference between the amount of interest calculated on the basis of the 2/3 of the refinancing rate of the Central Bank, and the amount of interest calculated on the basis of the rate prescribed in the loan agreement;
- if the contract is interest-free, then the amount of interest calculated on the basis of the 2/3 of the refinancing rate of the Central Bank.
Which date you need to calculate the material benefit on loan
For the purpose of payment of NDFL, income in the form of material benefits from savings percentage is considered to be obtained for the last number of each month during the period on which a loan is issued (paragraph 7 of paragraph 1 of Art. 223 of the Tax Code of the Russian Federation). Consequently, the tax agent for these dates it is necessary to calculate material benefits and personal income tax from it.
NDFL rate with material benefit on loan
At which rate of NDFL will be subject to the material benefit from savings percentage, depends on this who received material benefits: resident or non-resident of the Russian Federation (paragraph 2 of Art. 207 of the Tax Code of the Russian Federation). Thus, income in the form of material benefits of the tax resident of the Russian Federation will be taxed at a rate of 35% (paragraph 2 of Art. 224 of the Tax Code of the Russian Federation), and not a resident - at a rate of 30% (clause 3 of Art. 224 of the Tax Code of the Russian Federation). That is, in this case, non-residents turn out to be more in a favorable position than residents of the Russian Federation.
When issuing loans in the root, there can also be subject to taxable personal income factory
Upon receipt of a loan in foreign currency, the borrower forms material benefits taxed by NDFL if (paragraphs 2 of paragraph 2 of Art. 212 of the Tax Code of the Russian Federation):
- a percentage loan was issued with a rate of less than 9% per annum (the difference is recognized between the amount of interest calculated on the basis of 9% per annum, and the amount of interest, calculated on the basis of the rate prescribed in the loan agreement);
- an interest-free loan is issued (the amount of interest calculated on the basis of 9% per annum is recognized;
Accordingly, the lender in a similar situation becomes a tax agent on personal income tax.
Material benefit in reports by personal income tax
Information associated with income in the form of material benefit on loan and personal income tax with it, you need to reflect:
- in the Help 2-NDFL (material benefit from saving percentage corresponds to the code 2610 (Appendix No. 1 to the order of the FTS dated September 10, 2015 No. MMB-7-11 / [Email Protected] ));
- calculated in the form of 6-NDFL.
Material Benefit and Insurance Contributions
The material benefit from the savings percentage is not subject to insurance premiums (
When the organization (lender) issues its employee or other physical face (borrower) a loan, which has a percentage rate below 2/3 of the banking rate of refinancing in this area, the borrower has material benefit in the form of unpaid interest.
Such income in most cases is taxed, which must be calculated and paid to the tax service.
What it is and when arises
The material benefit under the loan agreement is the amount formed when signing a contract on an interest-free or preferential loan, calculated as saving to the borrower at the payment of interest. Of it, 35% is paid as NDFL, which is approved since the beginning of the 90s.
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The reason for the introduction of such a norm into legislation was the policy of some taxes from paying taxes: registration of salaries in the form of interest-free loans, signing a bid agreement to relatives, etc.
Saving money when making a loan in national currency may occur when:
- interest-free loan;
- loan with interest less than 2/3 of the refinancing rate in this area.
With loans in foreign currency, the profit arises during an interest-free contract and the contract with a rate of less than 9% per annum.
Material benefit can occur only at cash loans. In the case of a property loan, it is not defined.
To provide such a service, as an interest-free or preferential loan, did not reach the borrower in the amount greater than the loan with ordinary percentages, it is necessary to know how the material benefit and tax on it is calculated.
Payment
Material benefit occurs from the date of payment of interest on the loan (with a grace loan). When concluding an interest-free contract, the date of education of material benefits is not established by the Tax Code.
Therefore it is possible to choose one of the options:
- the moment of complete or partial loan repayment;
- daily over the tax period;
- the final date of the contract;
- the last day of the tax period.
For each loan option, the size of the material benefit is calculated separately.
Calculation of material benefits for an interest-free loan
Material benefit is calculated on the refinancing banking rate at the time of repayment of the loan. When, this amount is considered separately at every moment of payment.
Formally, material benefits (MV) can be expressed like this:
Mv \u003d ps x np / 365 d. Xk,
PS. - limit refinancing rate (2/3);
SZ - loan amount;
SC.
It is also worth taken into account that when loan with redemption on the last day of the contract, the material benefit arises only a month of return and is charged to the entire amount of the loan.
On loan with a preferential percentage
Determining the material benefit when a loan with a preferential percentage (below two third refinancing rates) are carried out almost the same as for an interest-free loan, only a period of 2/3 bank rates with a bet under a contract (SD) takes place as a percentage:
MV \u003d (PS-CD) x SZ / 365 D. x
Percentage loan in the enterprise
The company has the right to issue loans to its employees to interest, which are less banking.
If the interest rate of the organization is less low than two thirds of the refinancing rates, the obtained difference is the material benefit for the borrower, which should be taxed by NDFL - 35% of the amount of the benefit. Most often it is deducted from the salary.
Material benefit on loan in currency
When the interest rate on the loan in foreign currency below is 9% per annum, the difference received is material benefit. According to the legislation, foreign currency revenues must be counted in rubles at the rate of receiving this income. That is, on the day of repayment of the loan or its part.
To calculate the material benefit on the currency loan, it is necessary to have data on:
- loan amount;
- interest rate;
- days (actual) use of borrowed money;
- tax period;
- currency rate of the Bank of Russia at the date of receipt of income.
The calculation of the material benefit under the loan agreement can be calculated by the formula:
MV \u003d SZ X kV (9% -PZ) / 365 d. Xk,
MV - material benefit;
SZ - loan amount;
Kv. - Currency exchange rate at the date of receipt of the benefit;
PZ. - percentage of loan;
SC. - Terms of use of the loan, days.
With an interest-free loan formula will be almost the same:
MV \u003d SZ X kV x 9% / 365 d. X
That is, it is necessary to pay NFFL out of 9% per annum from the loan amount to the date of partial or full return.
Buying housing
The concept of material benefits and cases of its accrual, the exception of which is saving interest on a loan issued for the construction or purchase of housing, the acquisition of land plots, etc.
In other words, the material benefit on loan to buy housing is not subject to taxation.
But the borrower must have an approved document that will indicate its right to deduct property. This form approved by legislation and is mandatory.
Without this document, the loan is considered simply monetary and the income tax will be accrued.
From the date of the provision of the lender the property rights of material benefits will not arise, because the tax will not need to be paid according to the rules of interest-free or preferential loan.
Because not to apply for the return of the tax from the budget, with its deduction should not be in a hurry.
Loan employee, physical face
An organization that issues a loan to its employee without interest or on preferential terms, becomes its tax agent. She calculates the material benefit of the borrower, holds NDFL on it and translates this money to the budget.
Material Benefit arises from an employee with every loan payment and can be just a month and one time, when repaying the entire amount of debt.
If there was no loan payments for one tax period (1 year), then there was no material benefit.
The company-lender is more likely to hold the NDFL from the employee's salaries, but this amount should not be more than 50% of the amount of payments.
As a tax agent, the lender organization is recorded on the funds issued in the tax register of the employee, and also provides its tax authorities in the period established by law.
The only difference in the issuance of a loan employee and a physical person who is not an employee of the company is that NDFL can be held and paid to the budget only at the employee. Also in accounting it is displayed in different ways.
Loan issuance The employee is carried out in the account 73: Debit 73-1 Credit 50 (51), and return - on the contrary. Interest on loan is indicated in the account of 91-1. It is financial investment, as it brings an economic arrival by the enterprise, therefore it should be carried out in subaccount 58-3.
Interest on the loan is carried out through the debit of 76 Credit 91-1.
Interestable loans are not attachments, therefore they are displayed in the account 76.
Between legal entities
If the contract of interest-free loan is concluded between legal entities, the borrower organization does not pay the tax, since it does not arise material benefits.
It comes out of ch. 25 Tax Code of the Russian Federation, which indicates all types of income to be taxed, among which there are no material benefits at the conclusion of a contract of interest-free or preferential loan. Therefore, paying interest borrower is not needed.
When a legal entity is ENVD, its taxation is determined by local authorities, which can certain areas of activity regarding tax. But in this case, the material benefit of the loan cannot be the subject of taxation.
The organization-lender, according to the law, the loan is not subject to VAT, which is indicated in. All cash that are given or obtained with a loan is not taken into account in the expenditure or proceeds of the lender, because the tax is not subject to tax.
Interests that the borrower pays for the use of the loan belong to the non-deactive income of the organization. Each loan should be taken into account separately, and interest on it is included in the list of income monthly.
If the debt is returned early or after the expiration of the contract, income is taken into account at the return date.
When returning a loan to the company's cash desk, income from interest is accrued immediately.
NDFL
The calculation of NDFL material benefits from the cost savings on a percentage of a loan is determined by Art. 212 Tax Code.
This income is taxed at the rate:
- 35%, when the borrower is the Tax Resident of the Russian Federation;
- 30% when the borrower is not a tax resident of the Russian Federation.
The tax resident is considered an individual located in Russia at least 183 days in a row for the year.
When the loan is issued by the organization by its employee, it is automatically held with each salary and translated into the budget amount of personal income tax from the material gain received.
But this amount should not be more than 50% of the payout itself (salary). In the Help 2-NDFL, this tax from material benefits is carried out through the code 2610. The certificate is transmitted to the IFSN within the deadlines established by the legislation.
When granting a loan is not an organization employee, a certificate of 2-NDFL without retention is drawn up and is transferred to the IFX and the borrower.
At the same time, it is necessary to notify the tax authority in advance that the NDFL from the borrower is not charged, and the borrower is that he needs to pay for the tax.
Also, the material benefit in some cases is not taxed, which is indicated in Art. 212 Tax Code. It always acts when issuing a loan to a legal entity.
The material benefit on the loan physical person is not subject to personal income tax in cases:
- for housing construction;
- to buy a residential object or its part (houses, apartments, rooms, etc.);
- on the full or partial acquisition of land for the construction of a residential facility;
- to buy a plot with a living house;
- for refinancing loans, which were decorated for the construction or purchase of a residential facility, a land plot for the construction of a house, a plot with a house, a fraction in construction, etc. At the same time, the bank providing the initial loan should be in the territory of the Russian Federation.
In order to confirm the target orientation of its loan, the borrower must provide a lender a document certifying his right to a tax deduction in connection with the acquisition of housing or a plot for its construction.
