"Financial newspaper. Regional issue", 2008, N 12
Material benefit is a separate type of income, determined in accordance with Art. 212 of the Tax Code of the Russian Federation. According to paragraph 1 of Art. 212 of the Tax Code of the Russian Federation, it may arise in the following cases:
savings on interest for the use of borrowed (credit) funds received from organizations or individual entrepreneurs, except for operations with bank cards during interest free period established in the agreement on the provision of a bank card;
acquisition of goods (works, services) under a civil law contract from individuals, organizations and individual entrepreneurs who are interdependent in relation to the taxpayer;
acquisitions valuable papers at a price below the market.
Thus, a material benefit arises if an individual acquires the right to own something or dispose of something for more than favorable conditions than those set for all other buyers or consumers.
By virtue of Art. 210 of the Tax Code of the Russian Federation, income in the form of material benefits is subject to inclusion in the tax base for personal income tax. The tax base for income in the form of material benefits listed in paragraph 1 of Art. 212 of the Tax Code of the Russian Federation, is defined as:
excess of the amount of interest for the use of borrowed (credit) funds denominated in rubles, calculated on the basis of 3/4 of the current refinancing rate established by the Bank of Russia on the date of receipt of such funds, over the amount of interest calculated on the basis of the terms of the agreement;
excess of the amount of interest for the use of borrowed (credit) funds, denominated 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 contract.
Definition tax base upon receipt of income in the form of material benefits, expressed as savings on interest upon receipt of borrowed (credit) funds, is carried out by the taxpayer within the time limits determined by paragraphs. 3 p. 1 art. 223 of the Tax Code of the Russian Federation, but at least once a taxable period established by Art. 216 of the Tax Code of the Russian Federation.
Upon receipt by the taxpayer of income in the form of material benefits specified in paragraphs. 2 p. 1 art. 212 of the Tax Code of the Russian Federation, the tax base is defined as the excess of the price of identical (homogeneous) goods (works, services) sold by persons who are interdependent in relation to the taxpayer, under normal conditions to persons who are not interdependent, over the sales prices of identical (homogeneous) goods (works , services) to the taxpayer.
Upon receipt by the taxpayer of income in the form of material benefits specified in paragraphs. 3 p. 1 art. 212 of the Tax Code of the Russian Federation, the tax base is defined as the excess of the market value of securities, determined taking into account the marginal limit for fluctuations in the market price of securities, over the amount of the taxpayer's actual expenses for their acquisition.
The procedure for determining the market price of securities and the marginal limit for fluctuations in the market price of securities is established federal body regulating the securities market.
Consider the types of material benefits.
If the funds were received under an interest-free loan agreement, the borrower saves on paying interest, therefore, receives income from which personal income tax is withheld. The material benefit from saving on interest also arises when the terms of the loan agreement or loan agreement imply the payment of interest, but their amount is less than 9% (on a foreign currency loan) or 3/4 of the refinancing rate of the Bank of Russia established on the date of receipt of the borrowed funds ( ruble loan).
Note! Starting January 1, 2008, in order to calculate material benefits on borrowed (credit) funds received in rubles, the refinancing rate of the Bank of Russia as of the date of actual receipt of income will be taken into account. In addition, determine the tax base for the material benefit from savings on interest when obtaining borrowed (credit) funds, calculate, withhold and transfer the tax withheld to budget system Russian Federation tax agents will be required.
In connection with the amendments to the Tax Code of the Russian Federation, material benefits received from savings on interest for the use of borrowed (credit) funds for new construction or the acquisition in the territory of the Russian Federation of a residential building, apartment, room or share (shares) will not be recognized as income in the form of material benefit. ) in them, if the taxpayer has the right to receive property tax deduction in accordance with paragraphs. 2 p. 1 art. 220 of the Tax Code of the Russian Federation.
So, the amount of material benefit from savings on interest for the use of borrowed funds depends on the discount rate. A material benefit arises when the interest on borrowed funds is below 3/4 of the refinancing rate in force on the date the money was received (Article 212 of the Tax Code of the Russian Federation).
It is recommended to calculate the amount of material benefit received in the form of savings on interest in the tax period in the following order: first, the amount of the interest fee for the use of borrowed (credit) funds is determined based on 3/4 of the refinancing rate set by the Bank of Russia for ruble funds (based on out of 9% per annum for foreign currency) according to the formula:
S1 \u003d Zs x Ptsb x D: 365 (366) days,
where C1 is the amount of the interest payment based on 3/4 of the current refinancing rate of the Bank of Russia on the date of disbursement of funds;
Зс - the amount of borrowed (credit) funds in use during the corresponding number of days in the tax period;
ПЦБ - the amount of interest in the amount of 3/4 of the current refinancing rate of the Bank of Russia on the date of receipt of ruble borrowed funds;
D - the number of days the borrowed funds are in the use of the taxpayer from the date of issuance of the loan (credit) until the day the interest is paid or the amount of the loan (credit) is returned.
Then, from the received amount C1, the amount of the interest fee paid in accordance with the terms of the loan (credit) agreement is deducted - C2. In this case, the amount of interest paid by the borrower based on the terms of the agreement is calculated taking into account the procedure for its payment provided for by the relevant agreement. The tax base is determined in the amount of the received positive difference from the subtraction made: С1 - С2 = Мв.
Example 1. On February 1, an employee of the organization was issued a loan in the amount of 50,000 rubles. for a period of three months at 5% per annum. According to the terms of the agreement, the borrower pays interest simultaneously with the repayment of the loan amount to the cash desk of the organization on April 30. The refinancing rate set by the Bank of Russia on the date of issuance of borrowed funds to an individual is 10%.
Calculate the amount of material benefit.
C1 \u003d Zs x Ptsb x D / 365,
where Zs = 50,000 rubles;
Ptsb \u003d 3/4 x 10% \u003d 7.5%;
D \u003d 28 + 31 + 30 \u003d 89 (days);
C1 \u003d 50,000 x 7.5% x 89: 365 \u003d 914.38 (rubles).
If, under the terms of the agreement, the borrower pays interest for the use of a loan (credit) at the time of repayment of the loan (credit) and this date falls on the next tax period, then the calculation of material benefits and tax is made on December 31.
Such material benefit arises if purchase and sale transactions are made between interdependent persons specified in Art. 20 of the Tax Code of the Russian Federation, for example, if an organization sells goods to its employee at a price below the market price. Income in the form of material benefit is defined as the difference between the price at which a good (work, service) was sold to a taxpayer and the market price of an identical good (work, service).
According to paragraphs. 3 p. 1 art. 223 of the Tax Code of the Russian Federation, the date of actual receipt of income is the day of purchase of goods, performance of work or provision of services. Personal income tax is withheld at different rates: for tax residents of the Russian Federation - 13%; for persons who are not such - 30%.
If it is impossible to withhold the tax, the tax agent is obliged within one month from the date of the actual sale of goods (works, services) interdependent persons report this in writing to the tax authority at the place of its registration.
Example 2. A furniture manufacturer has sold finished products own production (cabinet) to his employee for 5000 rubles. Usually she sells such cabinets at a market price of 6,000 rubles. Let's say an employee is not eligible for standard tax deductions.
Personal income tax is levied on the difference between the cost of a cabinet for which it was sold to an employee and the cost of selling it to third-party buyers. This difference will be 1000 rubles. (6000 rubles - 5000 rubles).
The amount of tax to be withheld from an employee is 130 rubles. (1000 rubles x 13: 100).
Articles 142, 143 of the Civil Code of the Russian Federation determine that a security is a document certifying in compliance with prescribed form and required details property rights, the exercise or transfer of which is possible only upon its presentation. Securities include: government bond, bond, promissory note, check, deposit and savings certificates, banking savings book bearer, bill of lading, shares, privatization securities and other documents that are classified as securities by securities laws or in the manner prescribed by them.
The material benefit received from the acquisition of securities (acquired in accordance with Federal Law No. 39-FZ of April 22, 1996 "On the Securities Market") arises:
if securities are received free of charge;
if securities are purchased at below market prices.
The procedure for calculating the market price of issuance securities and investment shares of shares investment funds admitted to circulation through trade organizers, approved by the Decree Federal Commission on the securities market of December 24, 2003 N 03-52/ps.
Calculation and payment of tax on income in the form of material benefits from the acquisition of securities are made tax agent when selling securities to an individual.
When a taxpayer receives income in the form of a material benefit received from the acquisition of securities, the tax base is determined as the excess of the market value of securities, determined taking into account the marginal limit of fluctuations in the market price of securities, over the amount of the taxpayer's actual expenses for their acquisition. The date of receipt by the taxpayer of income in the form of material benefit is the day of acquisition of securities (clause 3, clause 1, article 223 of the Tax Code of the Russian Federation). When calculating the tax base for these incomes, the market value of securities should be determined in accordance with the Letter of the Ministry of Finance of Russia dated January 26, 2005 N 03-05-01-04/11 on the date of the transaction, since it was on this date that the buyer made the decision to complete it.
In the case of a gratuitous transfer of securities, taxable income is a material benefit equal to the market value of such securities, since the cost of acquiring them is zero.
Calculation and payment of tax on the purchase of securities are made at a rate of 13% (for non-residents - 30%). In order to personal income tax the date of actual receipt of income is the day of acquisition of securities.
If it is impossible to withhold the tax, the tax agent is obliged to notify the tax authority at the place of its registration in writing within one month.
If a material benefit is obtained from the acquisition of securities from other individuals in accordance with a civil law contract, the tax is calculated and paid on the basis of tax return filed at the place of residence of the taxpayer.
Example 3. An employee of a JSC purchased 10 shares of his enterprise at a price of 2,000 rubles. a piece. Market price these securities at the date of the transaction, taking into account the marginal limit of market price fluctuations, is 3,000 rubles. per share.
The material benefit received by the employee will be 10,000 rubles. .
Tax Consultant
CJSC "BKR-Intercom-Audit"
It is necessary to calculate income in the form of material benefits from savings on interest on loans on the last day of each month. For example, a loan was issued on January 15 and repaid on March 23. Then it will be necessary to calculate the materiel on January 31, February 28 (29) and March 31 (subclause 7, clause 1, article 223 of the Tax Code of the Russian Federation).
If an organization issued a loan to an individual (for example, to its employee), then it will be in relation to income in the form of a profit. Therefore, the organization will have to (Article 226 of the Tax Code of the Russian Federation):
If cash income is not paid to an individual and there is nothing to withhold tax from, then at the end of the year, no later than March 1, it is necessary to inform the Federal Tax Service Inspectorate of the impossibility of withholding tax (clause 5, article 226 of the Tax Code of the Russian Federation).
The profit on interest-free loans is calculated according to the following formula (subclause 1, clause 1, clause 2, article 212 of the Tax Code of the Russian Federation):
The number of days of using the loan is calculated:
If the loan is at interest, but interest rate under the contract is less than 2/3 of the key rate of the Central Bank, then the profit is calculated according to the following formula (subclause 1 clause 1, clause 2 article 212 of the Tax Code of the Russian Federation):
personal income tax rate from material benefits on loans is (Article 224 of the Tax Code of the Russian Federation):
You need to withhold tax from the nearest payable to an individual cash income.
To calculate personal income tax from material benefits on a loan, you can use.
Personal income tax withheld from any income paid to an individual (except for vacation pay and temporary disability benefits) is transferred to the budget no later than the next day after the payment of income (clause 6 of article 226 of the Tax Code of the Russian Federation).
A sample payment order for the payment of personal income tax is given.
If an individual has received an interest-free loan from another individual, then there is no income in the form of material benefits from savings on interest. That is, no one needs to pay personal income tax on such a loan.
Taxpayers' income is subject to personal income tax at a rate of 13%. For example, with wages the employer withholds 13% personal income tax. But taxes are paid not only on the money received, but also on the money saved.
If you have taken out an interest-free loan low interest, that is, below the marginal rate, then, according to the Tax Code, you received implicit income by saving on credit interest. This implicit income is called a material benefit. In this case, you must pay tax on this income..
Example: Lugovoi S.V. I took out an interest-free loan from my employer. From the moment of obtaining a loan from Lugovoi S.V. there is income in the form of a material benefit, on which the tax will be withheld.
Material benefit arises when obtaining loans (credits) at a low interest rate, when purchasing goods (works, services) from persons and organizations that are interdependent in relation to you, as well as when purchasing securities at below market prices. Below we will consider only the material benefit received from savings on interest for the use of borrowed funds, since this case is the most common.
Let's consider in what cases and in what amount you may receive income in the form of material benefits.
A material benefit arises if the loan rate is below the marginal rate, equal to 2/3 of the refinancing rate. At the moment, the refinancing rate is equal to the key rate of the bank - 6.25% (from December 16, 2019 to February 9, 2020). Accordingly, the marginal rate on loans issued from 12/16/19 will be 4.17% (2/3 * 6.25%). Thus, if you now take out a loan at less than 4.17% per annum, then you will have a material benefit from which tax will be withheld.
The amount of material benefit is equal to the difference between the marginal rate and the rate on loan agreement multiplied by the loan amount and the loan term.
Material benefit \u003d (marginal rate - contract rate) x loan amount x (loan term in days / 365 days)
The material benefit is calculated monthly throughout the entire lending period, and when calculating it, one must take into account the refinancing rate that was in effect on the last day of the month (subclause 1, clause 2, article 212, subclause 7, clause 1, article 223 of the Tax Code of the Russian Federation).
According to paragraph 2 of Art. 224 of the Tax Code of the Russian Federation, material benefit is subject to personal income tax at a rate of 35%. By general rule the tax must be withheld by the employer from whom the loan or loan was taken (clause 1, article 226 of the Tax Code of the Russian Federation).
Example: OOO "Rainbow" provided Kosolapom A.S. interest-free loan and deducted material benefits from his salary at a rate of 35%. Kosolapy A.S. there is no obligation to the tax office.
If income in the form of material benefit was not received from the employer or the employer did not withhold tax, you are obliged to independently submit a 3-NDFL declaration to the tax authority and report on tax (clause 4 clause 1, clause 6 article 228).
However, in 2016 in Tax code made changes that simplified the reporting process for taxpayers in cases where they themselves must pay tax on material benefits (if the tax was not withheld by a tax agent). Since 2016, it is no longer required to submit a 3-NDFL declaration, you just need to wait for notification from tax authority and pay tax on this notice (clause 6, article 228 of the Tax Code of the Russian Federation, part 8, article 4 of the Law of December 29, 2015 N 396-FZ). In addition, these changes increased the tax payment deadline until December 1 (for 3-personal income tax it was until July 15).
You will need to calculate penalties for taxes and insurance premiums if you submit an updated declaration (calculation) with the amount to be paid or want to check the calculation of penalties by the IFTS, PFR or FSS. The penalty is charged at 1/300 of the refinancing rate from the day following the last day of payment of the tax (contribution) established by law, and until the day of actual payment (for contributions) or the day preceding payment (for taxes) (Letter of the Ministry of Finance dated 05.07.2016 No. 03-02-07/39318).
To avoid a fine for non-payment of tax (contribution), do not forget to pay both the penalty and the arrears before submitting the clarification.
The calculator will help you:
check the calculation of the penalty for non-filing or late filing of a tax return (calculations RSV-1 and 4 FSS), which was made by the Federal Tax Service Inspectorate (PFR, FSS)
if the delay has not yet been identified - calculate this fine so that you know what to prepare for
The fine is calculated for each full or incomplete month that has passed from the day set for the submission of the declaration (calculation) until the day of actual submission, and cannot be less than 1,000 rubles. (Clause 1, Article 119, Clause 1.2, Article 126 of the Tax Code of the Russian Federation, Clause 1, Article 46 of Law No. 212-FZ)
This calculator is used to calculate the material benefit on loans received both before and after 2016, for which the loan repayment date falls on the period after January 1, 2016. The date of receipt of income in the form of a benefit from January 1, 2016 is the last day of each month during the period for which the loan was issued.
This Calculator is used to calculate income in the form of material benefits under the rules that were in effect before 2016. When calculating taxable income, starting from January 1, 2016, this Calculator cannot be used.
No material benefit arises if the agreement states that the loan was provided for the purchase or construction of a specific housing, and the borrower brought a notification from the IFTS confirming the right to property deduction to purchase this home.
For violation of the deadline for the return of overpaid tax ( insurance premium) IFTS (PFR, FSS) must pay you interest. Using the calculator, you can check how much interest the regulatory authority owes you for delaying the return of the overpayment on your application.
Interest calculator under Art. 395 of the Civil Code of the Russian Federation is intended for calculating interest for the use of other people's in cash. Interest under Art. 395 of the Civil Code of the Russian Federation are charged on the amount of debt in cases of illegal retention of money, evasion of their return, other delay in their payment. From August 1, 2016, the calculation of interest under Art. 395 of the Civil Code of the Russian Federation is made on the basis of the key rate of the Bank of Russia, which was in force in the relevant periods, until the day the money is paid to the creditor.
If the losses caused to the creditor exceed the amount of interest under Art. 395 of the Civil Code of the Russian Federation, the creditor may demand compensation from the debtor for losses in excess of the amount of interest.
If the agreement of the parties provides for a penalty for non-fulfillment or improper fulfillment of a monetary obligation, interest under Art. 395 of the Civil Code of the Russian Federation are not recovered, unless otherwise provided by law or contract.
The calculator will help you calculate interest under paragraph 1 of Art. 317.1 of the Civil Code of the Russian Federation as amended, valid. until August 1, 2016, for the period from June 1, 2015 to July 31, 2016 (inclusive). Interest under Art. 317.1 of the Civil Code of the Russian Federation are charged for each day of use of funds based on the refinancing rate of the Central Bank. Legal interest will not accrue unless:
The contract explicitly states the refusal to apply the norms of paragraph 1 of Art. 317.1 of the Civil Code of the Russian Federation;
The agreement agreed on a different procedure for calculating interest for the use of funds;
For a specific transaction, other interest must be charged by virtue of the law, for example, as under a loan or credit agreement.
From August 1, 2016, legal interest will no longer need to be charged by default. But if your agreement provides for interest for the use of money, but does not set their size, then interest is charged at the key rate of the Central Bank. Then use the Calculator to calculate.
The vacation pay calculator in 2017 is an online calculator, using which you can easily calculate the amount of vacation pay in any situation when the employee's vacation is set in calendar days.
Vacation pay calculator calculates according to the rules of Art. 139 of the Labor Code of the Russian Federation and the Regulations on the peculiarities of the procedure for calculating the average wage, approved. Decree of the Government of the Russian Federation of December 24, 2007 No. 922.
If during the billing period the employee's salary was increased or a bonus was paid, our calculator will help you calculate vacation pay online, taking into account these nuances.
If the employees did not receive their salary on time, then according to the provisions of Article 236 of the Labor Code of the Russian Federation, the employer, regardless of the reasons for the delay, is obliged to pay compensation to his employees for the delay in wages. The calculator will help to make the correct calculation of such compensation.
As part of social insurance employees are paid various benefits (for example, sick leave, allowance for child care up to 1.5 years, etc.). At the same time, the legislation provides for minimum and maximum dimensions allowances, and this should be taken into account by the employer when calculating and paying this or that allowance to the employee. Our benefit calculator will help you determine the maximum and minimum of all FSS benefits.
Commentary on the Letter of the Ministry of Finance of the Russian Federation of February 15, 2016 No. 03-04-05/7920.
In the commented Letter No. 03-04-05/7920 dated February 15, 2016, employees of the financial department recalled that the deadlines had changed from January 1, 2016 payment of personal income tax, namely according to paragraphs. 3 p. 1 art. 223 of the Tax Code of the Russian Federation for the purpose of paying personal income tax, the date of receipt of income in the form of material benefit is the day of its receipt.
Consequently, the date of receipt of income from savings on interest is now recognized as the last day of each month during the period for which the borrowed (credit) funds were provided.
At the same time, employees of the Ministry of Finance clarified that since 2016, received from savings on interest, is determined on the last day of each month in which the loan (credit) agreement was in force, regardless of the date of receipt of such a loan (credit), and also regardless of whether on which day of the month it was terminated promissory note.
Please note: The above procedure also applies in cases where interest under the terms of the agreement was accrued, but not paid before 01/01/2016. This is stated in the Letter of the Ministry of Finance of the Russian Federation dated February 2, 2016 No. 03-04-06 / 4762.
In accordance with paragraphs. 1 p. 1 art. 212 of the Tax Code of the Russian Federation, an organization is obliged to calculate personal income tax from material benefits received from savings on interest when providing a loan (including interest-free) to an individual:
The Tax Code of the Russian Federation established personal income tax rates. This article says:
The amount of material benefit on a loan issued in rubles is calculated by the formula:
MW \u003d SZ x (2/3 x% of the Central Bank of the Russian Federation -%) / 365 (366) x days., where:
MV- the material benefit received from savings on interest;
NW- loan amount;
% TSB RF- the refinancing rate of the Central Bank of the Russian Federation, which was in effect on the last day of the month;
% - the interest rate on the loan;
365 (366) - the number of days in a year;
days
The amount of material benefit on a loan issued in a foreign currency is calculated by the formula:
MW \u003d SZ x (9% -%) / 365 (366) x days., where:
MV– material benefit from savings on interest;
NW- loan amount;
% - the interest rate on the loan;
365 (366) - the number of days in a year;
days- the number of days of using the loan per month.
For clarity, we will give an example of calculating the material benefit of an individual received from savings on interest, personal income tax from it, indicating the specific dates of receipt of income.
Example
On 12/18/2015, the organization provided its employee with a loan in the amount of 60,000 rubles. for a period of 3 months at a rate of 3% per annum. The employee is tax resident. Interest is paid in a lump sum upon repayment of the loan. On March 18, 2016, the employee returned the loan and paid interest in the amount of 447.54 rubles. (60,000 rubles x 3% / 366 days x 91 days). We calculate personal income tax from the material benefits received from savings on interest on the loan issued.
So, the date of receipt of income from savings on interest is the last day of each month during the period for which the loan (credit) funds were provided in 2016, and in 2015 it is the date of repayment of the loan by the tax agent. The refinancing rate (key rate) on the interest payment date is 11%.
In 2016, the material benefit from savings on loan interest will be:
- as of January 31 - 223.6 rubles. (60,000 rubles x (2/3 x 11% - 3%) / 366 days x 31 days). Personal income tax from the amount of material benefits - 78.26 rubles. (223.6 rubles x 35%);
- on February 29 - 209.18 rubles. (60,000 rubles x (2/3 x 11% - 3%) / 366 days x 29 days). Personal income tax from the amount of material benefits - 73.21 rubles. (209.18 rubles x 35%);
- as of March 31 - 122.62 rubles. (60,000 rubles x (2/3 x 11% - 3%) / 366 days x 17 days). Personal income tax from the amount of material benefits - 42.92 rubles. (122.62 rubles x 35%).
The material benefit received from the savings on interest on the loan for 2015 will be:
- on March 18 - 100.98 rubles. (60,000 rubles x (2/3 x 11% - 3%) / 366 days x 14 days). Personal income tax from the amount of material benefits - 35.34 rubles. (100.98 rubles x 35%).
According to paragraphs 4 and 6 of Art. 226 of the Tax Code of the Russian Federation, the organization must withhold personal income tax from material benefits upon the next payment of money to the borrower. As for the tax, it must be transferred to the budget no later than the day following the day when the money was paid.
According to part 3 of Art. 7 of Federal Law No. 212-FZ, payments and other remunerations made, in particular, under civil law contracts, the subject of which is the transfer of ownership or other real rights to property (property rights), do not apply to the object of taxation of insurance premiums. Thus, the material benefit of an employee for using an interest-free loan received from an employer is not recognized as an object of taxation of insurance premiums.
These clarifications are presented in the Letter of the Ministry of Labor of the Russian Federation dated February 17, 2014 No. 17-4 / V-54.
the federal law dated July 24, 2009 No. 212-FZ “On insurance premiums in Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund.
