Tax deduction for 1 child c.  About the standard tax deductions “for children.  What is a standard tax deduction

Tax deduction for 1 child c. About the standard tax deductions “for children. What is a standard tax deduction

Last update: 01/30/2020

The standard tax deduction (also START) is the deduction of a specific amount from the taxpayer's income, and the resulting balance is subject to personal income tax at a rate of 13%.

Income means all money supply received for the year (tax period). Income may be taxed at various rates. With regard to START, those incomes that are taxed are taken into account. interest rate 13.

The law classifies deductions for children as START. The article contains information on tax deductions for children in 2019, 2020.

Who is eligible for START per child?

According to p.p. 4 p. 1 art. 218 of the Tax Code of the Russian Federation, the deduction may be in favor of:

  • parents;
  • adoptive parents;
  • guardians and other persons equated to this category in accordance with family law.

These statuses are confirmed by a birth certificate, acts of guardianship and guardianship authorities, court decisions on recognition of paternity, etc.

The law also determines the age of children when a deduction is allowed:

  • up to 18 years (general condition);
  • if the child is in full-time education in educational institution(including abroad) - up to 24 years old, or is a graduate student, intern, intern, cadet;
  • in addition, regardless of age categories, a separate deduction is provided for disabled children.

Is it possible to receive a deduction if the child is studying in a magistracy? Yes! According to the law on education, higher education is divided into 2 levels. Moreover, the 2nd stage (master's degree) is not considered as obtaining 2 higher education and therefore, if the child is under 24 years old and is studying for a master's degree, his parents are eligible for START. But on the condition that this education is happening for the first time.

The amount of the deduction in 2019, in 2020

As of 2019-2020, START per child remains the same at:

  • 1400 rub./month - deduction for the first child (code 126);
  • 1400 rub./month - for the second child (code 127);
  • 3000 rub./month - for 3 and each subsequent child (code 128);
  • 12 000 rub. - for disabled children under 18 years of age, including for parents (adoptive parents)) a disabled child of group 1 or 2, studying full-time, not older than 24 years (code 129);
  • 6000 rub. - bottom disabled children under 18 years old, as well as for guardians (custodians) a disabled child of group 1 or 2, studying full-time, not older than 24 years (code 129).

The amounts for children with disabilities are added up, that is, the standard deduction for a child (depending on his order in the family) is added to the deduction for a disabled child. This is the position of both the tax authorities and the Ministry of Finance (letter dated August 09, 2017 No. 03-04-05 / 51063), and in judicial practice(Clause 14 of the Review of Practice, established by the Presidium of the RF Armed Forces on October 21, 2015) .

For example: The second child is disabled, therefore, the parent is entitled to a deduction of 13,400 (12,000 + 1,400) rubles. And if the child is the third in the family, then the amount will reach 15,000 (12,000 + 3,000) rubles.

When does the deduction stop?

An employee loses the right to START upon the occurrence of one of the following events:

  • if the total income since the beginning of the year has exceeded 350,000 rubles., the deduction stops from the month in which there was an excess. Income calculation begins from January of the current year (and not from the date of birth of the child) . And even if the child was born after the maximum salary level, then this year the START will not be applied.
  • if the child died- the deduction is fully submitted in the current year, but stops from January of the next year.
  • if the child has reached the age of 18 this year(and does not study full-time), the deduction is presented in full in the current year. Ceased from January next year.
  • e if the child has graduated in an educational institution and has not yet reached the age of 24, the deduction is submitted in full in the current year.
  • if the child reaches the age of 24, but continues to study (student, graduate student, intern, cadet), the deduction is made in full in the current year, ending from January of the next year.
  • if the child has graduated and is over 24 years old, the taxpaying parent will no longer be entitled to the deduction from the next month in which education ends.

How is the order of children determined?

Children are ranked chronologically (by date of birth). That is, depending on the age of the child. That is, the first child is the oldest and then in reverse descending order. Birth order takes into account all children, regardless of the coming of age of individual children. When calculating the deduction, all children are taken into account.

For example, in a family of 4 children: the first is 25 years old, the second is 17 years old, the third is 15 years old, the fourth is 10 years old. The amount of the deduction will be distributed as follows:

  • First child - 0 rub. (no deduction is provided for him, since he is 25 years old and does not study at a university);
  • Second child - 1400 rubles;
  • Third - 3000 rubles;
  • Fourth - 3000 rubles.

Children in respect of whom the right of deduction disappears are not excluded from the general priority. The same procedure remains in the event of the death of a child in large family. No deduction is made for such a child, but information about him is taken into account to determine the size of subsequent children.

Example: There were three children in the family: the first child is 22 years old and does not study, the second died at the age of 15, the third was 8 years old. Parents, in fact, have the right to a deduction for one child - only for an 8-year-old baby in the amount of 3,000 rubles. (but not 1400 rubles).

  • First - 0 rub. (does not allow returns);
  • The second - 0 rub. (in connection with death);
  • Third - 3000 rubles.

If children were born at the same time (twins, triplets, etc.), then they are also subject to sequential calculation, that is, it is not correct if they are put in one deductible position (for example, a family has a first child, then twins were born, accordingly, 1, 2 and 3 children, and not 1 child and two second children, can be deducted.

Is there a deduction for a woman on maternity leave or childcare?

  • If in tax year the woman had accruals wages(or other income subject to personal income tax), and then maternity leave followed, then the deduction is provided for each month until the end of the year. Provided that the limit on the amount of child deductions has not already been reached .
  • When a woman from the very beginning of the year maternity leave or parental leave (that is, there were no accruals subject to personal income tax), then the tax base for personal income tax is not calculated and there is nothing to apply the deduction to.

According to the letters of the Ministry of Finance of Russia N 03-04-06 / 8-29, N 03-04-05 / 8-10, No. 03-04-06 / 8-36, if during the year in certain months of the year the employer did not pay income, subject to personal income tax (and the rest of the salary was paid), then standard deductions are provided for each month of that year. That is, including those in which there was no salary.

The letter of the Ministry of Finance of Russia N 03-04-06-01 / 118 says if the employee is on maternity or parental leave and goes to work. Accordingly, she begins to receive taxable income during certain months of the tax year, then, if there is an application and supporting documents, the tax deduction is due to her for each month of the year. Actually, including the months she was on maternity or parental leave.

Who provides the deduction?

START is calculated for the recipient of the deduction by his employer. If there are several of them, then the employee himself determines which of the bottom will deal with this issue. You can't get two at the same time. The employer (in the presence of supporting documents and the application of the employee) makes all the necessary calculations, carries out payment of personal income tax and reports to the tax office. You just have to keep track of whether the deduction is taken into account. And if you find errors, report them to the accounting department of the enterprise.

Thus, deductible money as such is not given separately. It simply reduces the amount of withholding tax, keeping the salary higher.

How often is the deduction made?

  • If the deduction is made by the employer

The deduction is made on a monthly basis during the year, if the employee submitted an appropriate application at the time of employment or after the birth of a child. When employment has not been since the beginning of the year, then START is assigned taking into account the previously made deduction for the previous job (this requires a 2-NDFL certificate from the previous job).

  • Refund of excessively accrued personal income tax through the tax

Suppose a tax deduction for a child was not made or the accounting department made mistakes, the deductions were not taken into account in full. Then, at the end of the year, the citizen himself can apply to tax office. This does not happen often, usually the amount of the tax deduction for the child is successful, the main thing is to file an application and documents for the child on time.

When the taxpayer himself has to receive START, then for a refund you should submit:

  • corrective declaration 3-NDFL at any time of the next year (not necessarily before April 30);
  • certificate in the form of 2NDFL from the place of work or website tax service in in electronic format with an electronic inventory (in the second case, you need to be registered in personal account FTS website. Such a certificate is issued for all official income, that is, data from all employers);
  • attaching a copy of the birth certificate to the declaration;
  • if children are over 18 years old - a certificate from the educational institution.

After checking the documents, the IFTS (no more than 3 months) will return the overpaid tax amounts to the citizen's bank account.

Deduction mechanism and documents required for its deduction

Often people are confused about what amount is not taxed on a child when calculating salaries. The mechanism is simple: the employer is obliged to deduct the amount of the deduction from the salary. The resulting difference is multiplied by 13% - the rate personal income tax. This is how the total amount of tax is calculated.

What documents must be submitted to the accounting department of the enterprise to receive such a deduction:

  • the employee, at his own request, submits a free-form application for deduction to the personnel department;
  • a copy of the passport with a mark of a registered marriage or a marriage certificate (for married parents);
  • documents for children (birth certificate, act of the guardianship and guardianship authority, judicial act on recognition of paternity, etc.);
  • if the child is between the ages of 18 and 24 and is studying full-time at a university or other educational institution, then a certificate from the university confirming the fact of education;
  • if the child is disabled, then a medical report and a document confirming the disability.

It is enough to provide such documents to the employer 1 time. You don't have to apply every year. Only when changing jobs, it is required to submit documents and an application to a new employer with a 2NDFL certificate from a previous job. Unfortunately, it is not always possible to provide a certificate of the resources of the Federal Tax Service, since the data are obtained for the year and with a long delay (for the reporting year only by the middle of the next).

Sample application for a tax deduction for a child

Director of LLC "Vesna"
I.N. Kiselev
from an engineer
Spiridonova K.G.

Statement

Please provide me with a standard tax deduction for each month from January 1, 2019 tax period according to my income in accordance with paragraph 4, paragraph 1, article 218 of the Tax Code of the Russian Federation, for my child (date of birth and full name) in the amount of 1,400 rubles. per month.
I am attaching a document confirming my right to a tax deduction for a child (copy of birth certificate No. ___)

When are documents for deduction submitted and is it possible to recalculate the taxable base?

  • In the event of the birth of a child, the employee may submit to the employer an application, a birth certificate. The deduction is activated from the moment of his birth.
  • When applying for a job, you should also immediately submit a birth certificate, write an application and provide a 2-NDFL certificate from a previous employer.
  • When an employed employee did not immediately provide documents, but before December of the current year, the accounting department must recalculate personal income tax for that year.

If the parents are unmarried (civil) or divorced

If there is no registration of marriage between parents, then the second parent can receive a deduction upon providing a document that confirms that the child is on his support:

  • a copy of the court decision indicating who the child lives with
  • certificate of registration (registration of the child) at the place of residence of the parent
  • agreement of parents (notarized) on the payment of alimony
  • notarized agreement of parents about children (with whom the child remains).

Even a parent deprived of parental rights can count on START. One condition is important this parent provides for the child .

How to get a double deduction for a child?

If parents (adoptive parents) wish, one of them can receive double deduction, for this it is enough to provide an application for the refusal of the other parent to provide such a deduction. Every month, the parent who refused provides a certificate of income 2-NDFL. A prerequisite for such a transfer of the right of deduction is the availability of income subject to personal income tax. An unemployed person, for example, cannot transfer his right of deduction to his spouse.

There is also a double deduction for a single mother. Therefore, in order to receive a double tax deduction for a child, additional documents are required:

  • certificate (form 25) confirming the status of a single mother from the registry office or
  • statement of refusal to deduct and certificate 2 personal income tax (monthly) of the refused parent
  • application of the second parent for the provision of the 2nd tax deduction for the child.

The double standard tax deduction, like the regular one, is applied up to a certain total annual income. Namely, until the month when wages since the beginning of the year reached 350 thousand rubles.

Double deduction for single parent

There is no definition of "single parent" in the legislation of the Russian Federation. But the Treasury makes clear that a parent is not the only one when the other parent is alive. That is, a family with an unregistered marriage, there was a divorce, etc. Deprivation of parental rights of the 2nd spouse also does not recognize the first spouse as the only parent. To confirm the absence of the second parent, you must provide 1 of the following documents:

  • a court decision acknowledging that the parent is missing;
  • birth certificate, indicating one parent;
  • death certificate of one of the parents;
  • certificate of the registry office (form 25), confirming that the second parent is recorded in the birth certificate according to the mother.

When one of the parents does not work, can he waive the deduction in favor of the other parent?

If a woman does not work (a housewife, on maternity leave, parental leave, or is registered with an employment center), then she cannot refuse the tax deduction for children in favor of her husband (write an application to her husband's employer), because she does not have the right for a tax deduction:

  • does not work because she is a housewife (Letter of the Ministry of Finance of Russia N 03-04-05 / 8-1331);
  • does not work, because is on maternity leave (Letter of the Ministry of Finance of Russia N 03-04-05 / 8-997);
  • on leave to care for a child under 1.5 years old (Letter of the Ministry of Finance of Russia N 03-04-06 / 8-95);
  • is registered with the employment center (Letter of the Ministry of Finance of Russia N 03-04-05 / 8-513).

Deductions for self-employed and self-employed

If the entrepreneur is common system taxation, nobility pays NDFL (13%). Therefore, he has access to deductible operations on the same terms as employed citizens.

When an entrepreneur is on a special regime (simplified, patent), then START is not available.

Also, self-employed citizens (who have the official status of self-employed) will not be able to count on it.

Are tax deductions cumulative, START compatibility

START is compatible with other deductions such as professional, social and property deductions. That is, all these deductions complement each other and are summarized. However, it must be borne in mind that if the accrual of such deductions turns out to be more income, then such excess amounts are equated to zero, since deductions are compensatory in nature and their effect directly depends on the tax activity of the taxpayer.

START Restrictions

The deduction can be made from those incomes that the tax agent (or individual entrepreneur in the general system) declares.

And the employer, as a tax agent, can only declare the wages of his employee. Therefore, if a citizen temporarily did not work anywhere (for example, during 2020), then he will not be able to receive a standard tax deduction for a child for 2020, even if he had other sources of income (for example, rent for an apartment that a citizen rents out), for which he reported to the tax office and paid the tax in good faith.

There is another limiter - this is limit value income during the year. That is, deductions for children up to what amount are possible? This has already been said - 350,000 rubles. For example, if an employee received an accrual total of 350,000 rubles from January to September (excluding taxes and deductions), then START is not applied from October to December of this year. But next year new period taxation) starts on a new sheet. In fact, the monthly salary should not exceed 29,166 rubles. Then the deduction will be applied in full for the entire year.

It is not possible to apply the deduction "backdating", for example, if the parents did not apply the deduction until the age of 3, and then decided to use it, in this case the recalculation can no longer be done. Recalculation is possible only during the current tax year. The application of START is made after the application is submitted to the employer and is valid for future periods. True, the citizen himself will be able to return the lost amounts by submitting a corrective tax return. But no more than three previous years.

Example of calculating the standard tax deduction for a child

example 1:

If an employee of an enterprise has 2 children under the age of 18 or children under 24 studying at a university full-time, and the salary is 20,000 rubles. The taxable base and tax will be calculated as follows:

  • the monthly taxable base will be 20,000 - 1,400 x 2 = 17,200 rubles. Personal income tax per month will be 17200 x 13% = 2236 rubles. That is 364 rubles. is the amount of tax refunded (2800 x 13%)
  • If the salary does not change during the year, then total amount the salary of an employee during the year will not exceed 350,000 rubles. and the amount of the returned tax for the year will be 364 rubles. x 12 = 4368 rubles.

example 2:

  • an employee has 1 child and a salary of 30,000 rubles. The standard deduction for 1 child is available until November (in December the total amount of income will exceed 350,000), the tax is returned monthly in the amount of (30,000 - 1400) x 13% = 182 rubles.
  • for the tax period (year) the amount of the returned tax will be 11 months. (until November inclusive) x 182 rubles = 2002 rubles.

If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions within a few days.

Personal income tax payers with children, in accordance with the Tax Code of the Russian Federation, are provided with benefits in the form of a tax deduction. Before you go to the tax office or rush to the employer with a statement, check the following points:

  • how much is due to parents as compensation;
  • whether the benefit is granted to adoptive parents in the presence of adopted children;
  • what amount cannot exceed income for applying a tax deduction.

Read also on our portal:

How to calculate the tax credit to which an employee is entitled?

Russian law defines the following amounts monthly income, for which personal income tax is not charged, their maximum value:

  • in the presence of the first, second child - 1400 rubles for each;
  • third, subsequent children - 3000 rubles for each;
  • children with disabilities since January 2016 provide their parents with the opportunity to reduce the size tax base for 12 thousand rubles. If a disabled person grows up in a foster family, his legal guardian will be reimbursed from only 6,000 monthly income.

Moreover, the corresponding article of the code regulates the age of the disabled person, up to which benefits are provided. If he is a full-time student, graduate student, then the period for granting reimbursement is extended to 24 years.

The changes also affected the amount of annual income. Citizen Russian Federation receives a refund until his income from the beginning of the year reaches the figure of 350 thousand rubles. In the month when the total income reaches the specified amount, the person loses the opportunity to save part of his salary until the beginning of the next year.

You can get a double refund in the following situations:

  • if the parent is recognized as the only one, which is confirmed by a document issued by the registry office;
  • if one of the spouses refused to issue a deduction.

If you are claiming a double deduction, please note that a spouse who does not work is not entitled to a waiver of benefits, since her income is not subject to personal income tax.

What documents are needed?

What do you need to do to get standard tax deductions for personal income tax in 2016 for children, regardless of whether you are parents of many children or you have only one or two babies? Let's talk about that too. You need to apply to the accounting department of the enterprise where you work, to have the following documents with you: copies of children's birth certificates; an application in the form that the payroll accountant will indicate to you; documents confirming the right to a double deduction (such a deduction is provided to a single parent or adoptive parent). In the event that you did not apply for a tax benefit at your place of work for some reason, you can do this at the end of the tax period (calendar year) by filling out a 3-NDFL income declaration in paper or electronic form. In the program for filling out the declaration, in the “tax deductions” section, there is a column that refers to the presence of children in the taxpayer. Many people who are new to this program do not immediately understand where to put a “tick”. You need to put a mark in the box “the number of children, starting from the third, did not change and amounted to N children” (for example, if there are 3 children in a family, then you need to put the number 1 here, since the third child in this family is one).

What are you supposed to do if one child is already grown up?

Fortunately, it happens that children grow up. If the oldest child is 18 years old and not in full-time education, or is 24 years old and graduated, you will no longer be eligible for the older child's deduction. But you have two more, let's say that they are 9 and 14 years old, then you are entitled to a tax credit for both the second and third child, that is, 1400 and 3000 per month.

In what other cases is the provision of a tax deduction terminated?

The tax deduction will end if the child dies in the current calendar year. Benefits will cease on January 1 of the next calendar year. If the child is not a full-time student and turns 18, the deduction also ends on January 1 of the next calendar year. Of course, this entire system cannot be called 100% perfect, and obtaining a deduction requires the collection of certain documents and confirmation of one's status; for families that have three or more children, this is a significant measure of social support from the state that must be used.

Good day! Today we will look at What personal income tax benefits are available in 2016: children's deduction (as amended in 2016), personal income tax deduction for education, personal income tax deduction for treatment, personal income tax exemption for the sale of property.

And, so let's start in order and consider what personal income tax benefits in 2016, we received from the state because:

Child income tax deduction in 2016

If you have a natural or adopted child, then you are entitled to a personal income tax exemption:

  1. You have 1 child - a tax deduction of 1400 rubles. per month;
  2. You have 2 children - personal income tax deduction of 1400 rubles. per month for each child;
  3. You have 3 or more children - a tax deduction for the first child is 1400 rubles, for the second child 1400 rubles, for the third and more 3000 rubles. for everyone.

Child income tax deduction for a disabled child

In 2016, changes were made to the child deduction for a child with a disability (Article 218 of the Tax Code of the Russian Federation):

  • Deduction for a disabled child, when a parent or adoptive parent - 12,000 rubles. per month;
  • When the guardian - 6,000 rubles. per month.

General benefit for a disabled child

In the event that one of the parents does not apply the deduction for a disabled child, in this case the other parent may apply the child deduction in double the amount.

These are the laws and changes in the deduction for children, but as always there is a fly in the ointment in everything good.

The total income at which the child deduction can be applied is limited to 350,000 rubles, that is, if it occurs during the year total income child deductions are no longer applicable to this amount.

And finishing this paragraph, I want to clarify that the child deduction is not that you will somehow get this money back. Simply put, these amounts will not be subject to income tax.

Withdrawal of personal income tax for study or treatment

Since 2016, good news, as the changes have also affected this issue. Now, in order to receive a deduction for education or treatment, you just need to contact your employer and write an application for the application of the personal income tax deduction, while you must provide confirmation of the right to receive the deduction (you can take it from the tax office).

It is useless to argue here, this is undoubtedly a positive moment, earlier, in order to get back the personal income tax deduction, you had to run to the tax office with a pile of papers, stand in line wasting your time.

Personal income tax on property

If, for example, you: bought an apartment and sell it earlier than 5 years later, then by law you are required to pay 13% personal income tax, supposedly as from income (I never understood this). So in order not to pay personal income tax, you have to wait 5 years.

If the property was inherited or donated, then in this case, the term according to the law is 3 years, that is, after 3 years you will not have to pay personal income tax of 13%.

Currently, many entrepreneurs use this online accounting to calculate taxes, contributions and submit reports online, try it for free. The service helped me save on the services of an accountant and saved me from going to the tax office.

Procedure state registration An individual entrepreneur or LLC has now become even easier, if you have not yet registered your business, prepare registration documents for free without leaving your home through a verified by me online service: Registration of an individual entrepreneur or LLC for free in 15 minutes. All documents comply with the current legislation of the Russian Federation.

That, in general, is all that concerns the benefits of personal income tax in 2016.

If you have any questions, please ask

Concept and conditions for granting standard tax deductions for children

standard tax deduction- this is a tax benefit established by the current legislation, reducing (taxable income) of an individual.

That. standard tax deductions are amounts that are deducted from wages before payment (personal income tax), therefore, when applying the deduction, the employee receives more money, because Personal income tax is calculated not from the entire amount of wages, but from the difference between it and the size of the tax deduction. Therefore, if an employee has a child or children, then such an employee is entitled to standard tax deductions. An employee can reduce the amount of tax and receive more money only on the basis of expressing to them his right to use it.

Conditions for the withdrawal

Eligibility for the standard child tax credit is limited by a number of conditions:

Therefore, the standard deduction can be received for each of your children who are under 18 years old. If the child (children) is over 18 but under 24 years old, then he (they) can also receive a deduction if he (they) is a student, graduate student, intern, intern, cadet and is studying full-time.

A copy of the identity card of a participant in the war in Afghanistan.

01/13/2014 A.A. Ivanova

Comments on the application for a standard tax credit

New Grant Statement standard deduction must be submitted in the following cases:

    the employee has changed jobs;

    in a statement for last year the specific period for which the deduction is provided is reflected (for example, "I ask you to provide a deduction for children in 2017");

    the employee had a child in December 2017 or new year holidays 2018;

    the employee became a guardian, trustee or adoptive parent in December 2017 or on New Year's holidays 2018;

    the grounds for granting the deduction have changed (for example, the status of the child has changed: he became disabled, the status of the parent himself has changed: he has become not alone, the second parent transferred the right to receive the deduction to the first parent).

The following must also be taken into account:

Individual cases of obtaining a standard deduction

We are often asked about two questions:

    on the procedure for obtaining a standard tax deduction and the necessary documents by the second parent, if the spouses are divorced or are in a "civil" marriage;

    about receiving a standard tax deduction by one of the parents with the consent of the other parent.

Obtaining a standard tax deduction and necessary documents by the second parent if the parents are divorced

If the parents of the child (children) are not married (or the marriage is concluded with a person who has children from another marriage), then the second parent can receive a deduction by submitting to the accounting department at the place of work:

    applications for the application of the standard tax deduction;

    copies of the child's birth certificate;

    document confirming finding a child on the provision of the taxpayer(such a document, for example, can be a certificate of registration of the child at the place of residence of this parent; a copy of the court decision, from which it is clear which parent the child lives with, a notarized agreement of the parents on the payment of alimony, etc.).

Similar clarifications are contained in the Letters of the Ministry of Finance of the Russian Federation of December 13, 2011 No. 03-04-05 / 5-1021, of February 10, 2012 No. 03-04-05 / 8-147.

Is it possible to simultaneously provide a standard tax deduction for personal income tax to the mother, father of the child and his new wife?

Quite often there is such a situation when a child from his first marriage lives with his mother, and the father of the child pays alimony. In the Letter of the Federal Tax Service of Russia dated September 17, 2013 No. BS-4-11 / 16736 gave a positive answer to the question indicated in the title, explaining that:

    divorced father (even if he is deprived of parental rights, because in accordance with the Family Code of the Russian Federation, deprivation of parental rights does not relieve the parent from the obligation to support his children (clarification in the Letter of the Federal Tax Service of Russia dated 13.01.2014 N BS-2-11 / [email protected])) is entitled to a child deduction because he pays alimony. That is involved in the maintenance of the child. But the money that goes to alimony is the joint property of the spouses, that is, the father of the child and his new wife. Therefore, she is also entitled to a deduction;

    the new husband of the mother is also entitled to receive a child deduction (letter of the Ministry of Finance of Russia dated May 18, 2012 No. 03-04-05 / 8-640, dated April 18, 2016 N 03-04-05 / 22162).

Consequently, when parents divorce, four people are entitled to count on the standard tax deduction for one child at once: mom and her new husband, dad and his new wife.

What documents do you need to take for a child deduction from parents and their new spouses:

Double standard tax deduction for one of the parents

According to the rules of Article 218 of the Tax Code, a double deduction can be provided on the basis of a statement about the refusal of one of the parents (adoptive parents) to receive a tax deduction.

One of the parents can refuse to receive a standard deduction in favor of the other parent only if he has the right to it, which is confirmed by the relevant documents, therefore, if one of the parents does not work and does not have income subject to personal income tax at a rate of 13%, or receives income exempt from taxation, he cannot refuse to receive this deduction in favor of the second parent.

However, it should be borne in mind that it is impossible to waive the standard deduction in favor of the other spouse in cases where one of the parents:

    does not work, i.e. is a housewife (letter of the Ministry of Finance of Russia dated November 22, 2012 No. 03-04-05 / 8-1331);

    is on maternity leave (letter of the Ministry of Finance of Russia dated August 23, 2012 No. 03-04-05 / 8-997);

    is on leave to care for a child up to one and a half years (letter of the Ministry of Finance of Russia dated 03.04.2012 No. 03-04-06 / 8-95);

    is registered with the employment center (letter of the Ministry of Finance of Russia dated April 16, 2012 No. 03-04-05 / 8-513).

When they are married, then this does not raise questions from anyone.

But if the parents are divorced (not married), then the question arises of what documents are necessary and sufficient to receive a deduction in this case. The Ministry of Finance of the Russian Federation in Letter No. 03-04-05 / 8-147 dated February 10, 2012 explained that in this case the following are necessary:

    statement of refusal of one of the parents to receive a tax deduction. At the same time, a taxpayer can refuse to receive a standard tax deduction only if he has the right to it and it is confirmed by the relevant documents (i.e., the child is on the taxpayer’s support, the taxpayer has income taxable on income individuals at a rate of 13%, and the amount of such income does not exceed the established value in the amount of 280,000 rubles);

    application for the application of the standard tax deduction;

  • An example of calculating the double deduction for a single mother

    For example, an employee is a single mother and she has two children, the first was born out of wedlock (there is a document confirming the status of a single mother), and the father of the second was declared missing by a court decision.

    In this case, the employee is a single parent and is entitled to double the deduction for each child:

    In the amount of 2 800 rubles. (1,400 rubles × 2) - for a child born out of wedlock;

    In the amount of 2 800 rubles. (1,400 rubles × 2) - for a child whose father is recognized as missing by a court decision.

    That. for both children, the employer must provide a deduction in the amount of 5,600 rubles.

    When the parent is not the only one

    According to the Ministry of Finance of Russia, parent is not the only one in the following cases:

      if the marriage between the parents is dissolved, i.e. parents are divorced;

      if the parents of the child are not and have not been in a registered marriage;

      the second parent is deprived of parental rights, tk. deprivation of parental rights does not release parents from the obligation to support their child;

      the other parent is serving a sentence in places of deprivation of liberty.

    This financial department was indicated in letters dated 12.08.2010 N 03-04-05 / 5-448, dated 18.06.2010 N 03-04-05 / 5-340, dated 24.07.2009 N 03-04-06-01 / 192, dated 13.04.2009 No. 03-04-05-01/180, 02.11.2012 No. 03-04-05/8-1246, dated 24.10.2012 No. 03-04-05/8-1215, 15.01.2013 No. 03-04-05 / 8-23, the same conclusions are contained in the Letter of the Federal Tax Service of Russia dated 13.01.2014 N BS-2-11 / [email protected]

    Therefore, if the parents are divorced, then the parent with whom the child lives does not have the right to double the deduction.

    Also, a double deduction is not provided to the single parent if he is married (RF), because (as the Ministry of Finance of Russia explains in Letter No. 03-04-05 / 8-372 of 11.04.2013) in this case, the obligation to support the child is distributed between the parent and spouse. At the same time, the spouse of the parent who provides for the child is also entitled to receive a standard tax deduction in the amount of 1,400 rubles (Letter of the Ministry of Finance of Russia dated May 20, 2013 No. 03-04-05 / 17775). After the dissolution of such a marriage, the provision to the single parent of a standard double deduction for a child can be resumed if the child was not adopted during the marriage (letter of the Ministry of Finance of Russia dated 02.04.2012 No. 03-04-05 / 3-410).

    The amount of the deduction if there are adult children

    In April 2014, the Ministry of Finance, in its letter dated April 17, 2014 No. 03-04-05 / 17619, explained that it is necessary to take into account the total number of children in the employee's family, including those for which deductions are no longer provided to parents. That is, if there are two adult children over the age of 24 and one minor child in the family, a deduction for the latter is provided to each parent in the amount of 3,000 rubles per month until the parent's income on an accrual basis from the beginning of the year does not exceed 280,000 rubles.

    The Ministry of Finance expressed a similar opinion earlier in response to the question:

    Is it possible to provide a deduction of 3,000 rubles for a third child if the eldest child is over 24 years old?

    According to the Ministry of Finance of Russia, set out in letter No. 03-04-05 / 8-1014 dated 08.12.2011, the oldest child should be considered the first, regardless of whether a deduction is provided for him or not.

    Getting a deduction from the tax office

      certificate 2-NDFL;

      Note: from 02.11.2017 a certificate can be taken in the taxpayer's personal account

      a copy of the child's birth certificate.

    You do not need to submit an application for a deduction, because such a requirement is excluded from clause 4 of Article 218 of the Tax Code by Federal Law No. 368-FZ of December 27, 2009.

    Article 218 of the Tax Code of the Russian Federation

    (as of 07/01/2019)

      When determining the size of the tax base in accordance with paragraph 3 of Article 210 of this Code, the taxpayer has the right to receive the following standard tax deductions:

      1. in the amount of 3,000 rubles

        • persons who received or suffered radiation sickness and other diseases associated with radiation exposure as a result of the disaster at the Chernobyl nuclear power plant or with work to eliminate the consequences of the disaster at the Chernobyl nuclear power plant;

          persons who received disability as a result of the disaster at the Chernobyl NPP from among the persons who took part in the liquidation of the consequences of the disaster within the exclusion zone of the Chernobyl NPP or engaged in operation or other work at the Chernobyl NPP (including temporarily assigned or seconded), military personnel and conscripts, called up for special collections and involved in the performance of work related to the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant, regardless of the location of these persons and the work performed by them, as well as persons in command and rank and file of the internal affairs bodies, the State Fire Service, who were (are) serving in the exclusion zone, persons evacuated from the exclusion zone of the Chernobyl nuclear power plant and resettled from the resettlement zone or left for voluntary from the indicated zones, persons who donated bone marrow to save the lives of people affected by the disaster at the Chernobyl nuclear power plant, regardless of the time elapsed from the date of the bone marrow transplantation operation and the time these persons developed disability in this regard;

          persons who took part in 1986 - 1987 in the work to eliminate the consequences of the disaster at the Chernobyl nuclear power plant within the exclusion zone of the Chernobyl nuclear power plant or employed during this period in work related to the evacuation of the population, material values, farm animals, and in operation or in other works at the Chernobyl nuclear power plant (including temporarily assigned or seconded);

          military personnel, citizens discharged from military service, as well as those liable for military service called up for special training and involved during this period to perform work related to the elimination of the consequences of the disaster at the Chernobyl nuclear power plant, including take-off and lifting, engineering and technical staff of civil aviation, regardless of location dislocation and work performed by them;

          members of the private and commanding staff of the internal affairs bodies, the State Fire Service, the federal fire service of the State Fire Service, persons serving in the troops of the National Guard of the Russian Federation and having special police ranks, employees of the internal affairs bodies, the federal fire service of the State Fire Service, including the number of citizens dismissed from military service who served in the exclusion zone of the Chernobyl nuclear power plant in 1986-1987;

          military personnel, citizens discharged from military service, as well as those liable for military service called up for military training and who took part in 1988-1990 in work on the Shelter object;

          who became disabled, received or suffered radiation sickness and other diseases as a result of an accident in 1957 at the Mayak production association and discharges of radioactive waste into the Techa River, from among those who received (including temporarily sent or seconded) in 1957 - 1958 direct participation in the work to eliminate the consequences of the accident in 1957 at the Mayak production association, as well as those employed in the work on protective measures and the rehabilitation of radioactively contaminated territories along the Techa River in 1949-1956, persons who received (including temporarily sent or seconded) in 1959 - 1961, direct participation in the work to eliminate the consequences of the accident at the Mayak production association in 1957, persons evacuated (relocated), as well as those who voluntarily left settlements that were exposed to radioactive contamination due to an accident in 1957 at the production association "Mayak" and discharges of radioac waste into the Techa River, including children, including children who at the time of evacuation (resettlement) were in a state of intrauterine development, as well as military personnel, civilian personnel of military units and a special contingent who were evacuated in 1957 from the zone of radioactive contamination ( at the same time, citizens who left voluntarily include persons who left between September 29, 1957 and December 31, 1958 from settlements that were exposed to radioactive contamination as a result of an accident in 1957 at the Mayak production association, as well as persons who left in the period from 1949 to 1956 inclusive from settlements exposed to radioactive contamination as a result of radioactive waste discharges into the Techa River), persons living in settlements exposed to radioactive contamination as a result of an accident in 1957 at the Mayak production association and radioactive waste discharges into the Techa River, where annual mean effective equivalent dose exposure was more than 1 mSv as of May 20, 1993 (additionally compared to the level of natural background radiation for the area), persons who voluntarily left for a new place of residence from settlements exposed to radioactive contamination due to an accident in 1957 at the Mayak production association and discharges of radioactive waste into the Techa River, where the average annual effective equivalent dose of radiation on May 20, 1993 was over 1 mSv (additionally compared to the level of natural background radiation for the area);

          persons who directly participated in the testing of nuclear weapons in the atmosphere and military radioactive substances, exercises with the use of such weapons until January 31, 1963;

          persons directly involved in underground testing of nuclear weapons under conditions of emergency radiation situations and the action of other damaging factors of nuclear weapons;

          persons directly involved in the liquidation of radiation accidents that occurred at nuclear installations of surface and submarine ships and at other military facilities and registered in the prescribed manner federal body executive branch authorized in the field of defense;

          persons directly involved in the work (including military personnel) on the assembly of nuclear charges before December 31, 1961;

          persons directly involved in underground testing of nuclear weapons, carrying out and providing work on the collection and disposal of radioactive substances;

          invalids of the Great Patriotic War;

          invalids from among military personnel who became invalids of groups I, II and III due to injury, concussion or injury received in the defense of the USSR, the Russian Federation or in the performance of other duties of military service, or received as a result of an illness associated with being at the front, or from among the former partisans, as well as other categories of disabled persons, equal in terms of pension provision to the indicated categories of military personnel;

      2. tax deduction in the amount of 500 rubles for each month of the tax period applies to

        • Heroes of the Soviet Union and Heroes of the Russian Federation, as well as persons awarded the Order of Glory of three degrees;

          persons of the civilian staff of the Soviet Army and the Navy of the USSR, internal affairs bodies of the USSR and state security of the USSR, who held full-time positions in military units, headquarters and institutions that were part of the army during the Great Patriotic War, or persons who were during this period in cities, participation in the defense of which is counted by these persons in the length of service for the appointment of a pension for preferential terms established for servicemen of units of the army in the field;

          participants of the Great Patriotic War, military operations to defend the USSR from among the military personnel who served in military units, headquarters and institutions that were part of the army, and former partisans;

          persons who were in Leningrad during its blockade during the Great Patriotic War from September 8, 1941 to January 27, 1944, regardless of the length of stay;

          former, including minors, prisoners of concentration camps, ghettos and other places of detention created by Nazi Germany and its allies during the Second World War;

          disabled since childhood, as well as disabled people of groups I and II;

          persons who have received or survived radiation sickness and other diseases associated with radiation exposure caused by the consequences of radiation accidents at civil or military nuclear facilities, as well as as a result of tests, exercises and other work related to any types of nuclear installations, including nuclear weapons and space technology;

          junior and paramedical personnel, doctors and other employees of medical institutions (with the exception of persons whose professional activity is related to working with any kind of ionizing radiation sources in the conditions of the radiation situation at their workplace, corresponding to the profile of the work performed), who received excess doses of radiation exposure during providing medical assistance and services from April 26 to June 30, 1986, as well as persons affected by the disaster at the Chernobyl nuclear power plant and being a source of ionizing radiation;

          persons who donated bone marrow to save people's lives;

          workers and employees, as well as former military personnel and retired from the service of private and commanding personnel of the internal affairs bodies, the State Fire Service, the federal fire service of the State Fire Service, persons who served in the troops of the National Guard of the Russian Federation and have special police ranks, employees of bodies internal affairs, institutions and bodies of the penitentiary system, the federal fire service of the State Fire Service, employees of institutions and bodies of the penitentiary system who received occupational diseases associated with radiation exposure at work in the exclusion zone of the Chernobyl nuclear power plant;

          persons who took (including temporarily sent or seconded) in 1957 - 1958 direct participation in the work to eliminate the consequences of the accident in 1957 at the Mayak production association, as well as those employed in work to carry out protective measures and rehabilitate radioactively contaminated territories along the Techa River in 1949 - 1956;

          persons evacuated (relocated), as well as those who voluntarily left settlements exposed to radioactive contamination as a result of the accident in 1957 at the Mayak production association and the discharge of radioactive waste into the Techa River, including children, including children who, at the time of evacuation ( resettlement) were in a state of intrauterine development, as well as former military personnel, civilian personnel of military units and a special contingent who were evacuated in 1957 from the zone of radioactive contamination. At the same time, persons who left voluntarily include persons who left from September 29, 1957 to December 31, 1958 inclusive from settlements that were exposed to radioactive contamination as a result of an accident in 1957 at the Mayak production association, as well as those who left from 1949 to 1956 inclusive from settlements exposed to radioactive contamination as a result of radioactive waste discharges into the Techa River;

          persons evacuated (including those who left voluntarily) in 1986 from the exclusion zone of the Chernobyl nuclear power plant, which was exposed to radioactive contamination as a result of the disaster at the Chernobyl nuclear power plant, or resettled (relocated), including those who left voluntarily, from the resettlement zone in 1986 and in subsequent years , including children, including children who were in a state of intrauterine development at the time of evacuation;

          her and the spouses of military personnel who died as a result of injury, concussion or injury received by them in the defense of the USSR, the Russian Federation or in the performance of other military duties, or as a result of an illness associated with being at the front, as well as her and the spouses of civil servants who died in the line of duty official duties. The specified deduction is granted to the spouses of the dead military personnel and civil servants, if they have not remarried;

          citizens discharged from military service or called up for military training, performing international duty in the Republic of Afghanistan and other countries in which hostilities were fought, as well as citizens who took part in hostilities in accordance with decisions of the state authorities of the Russian Federation in the territory of the Russian Federation ;

        Clause 3 became invalid from 01.01.2012.

        tax deduction in the amount of 400 rubles for each month of the tax period applies to those categories of taxpayers that are not listed in subparagraphs 1 - 2 of paragraph 1 of this article, and is valid until the month in which their income, calculated on an accrual basis from the beginning of the tax period (in respect of which tax rate established by paragraph 1 of Article 224 of this Code) tax agent providing this standard tax deduction exceeded 40,000 rubles. Starting from the month in which the specified income exceeded 40,000 rubles, the tax deduction provided for by this subparagraph does not apply;

        From 01/01/2016, subparagraph 4 of part 1 is valid in a new edition (Federal Law of 11/23/2015 No. 317-FZ):

        the tax deduction for each month of the tax period applies to the parent, spouse (wife) of the parent, adoptive parent, guardian, trustee, foster parent, spouse (wife) of the foster parent, on whose support the child is, in the following amounts:

        1,400 rubles - for the first child;
        1,400 rubles - for the second child;
        3,000 rubles - for the third and each subsequent child;
        3 000 rubles - for the third and each subsequent child;
        12,000 rubles - for each child if a child under the age of 18 is a disabled child, or a full-time student, graduate student, intern, intern, student under the age of 24, if he is a disabled person of group I or II;

        the tax deduction for each month of the tax period applies to the guardian, guardian, foster parent, spouse of the foster parent, on whose support the child is, in the following amounts:

28.03.17 476 524 6

How to save on income tax

I have two children, and for this the state gives my husband and I a discount when paying personal income tax.

Thanks to children, every year we give the state 5,000 rubles less.

Chances are you get the standard child tax deduction too. When you get a job, the accounting department asks you to bring a copy of the child's birth certificate and write an application for a deduction. Then the employer acts on his own: every month he deducts the amount of the deduction from your salary and pays 13% personal income tax from the remaining amount. If this was not the case, do not be discouraged: the deduction can be returned for three recent years.

Elena Glubko

receives a deduction for two children

Who is entitled to a deduction

If you work and pay with personal income tax salaries, you are eligible to receive the child deduction from the month in which the child was born. But they will give it to only one place of work, even if you work part-time for several employers.

The state does not give a deduction for all income, but only for those from which you or your employer pays personal income tax. If you are an individual entrepreneur on a simplified system, patent or imputation and do not pay personal income tax from your income, you will not be given a deduction. But an individual entrepreneur on the general taxation system will receive a deduction, because he gives 13% of his profits to the state.

You will receive a child deduction even if you rent out an apartment, car or other property. To do this, you need to submit a 3-NDFL declaration to the tax office, in which you indicate the annual income received and claim the right to deduct.

How much will I save

The amount of the deduction depends on the number of children: the more children, the lower the tax, and both parents can receive the deduction.

The first and second child are exempt from the tax for 1400 rubles. Thus, every month I save 364 rubles. The husband saves the same amount from his salary.

The third and each subsequent child exempts another 3,000 rubles a month from the tax. If the spouses have a child from previous marriages, then their common child will be the third. A common child saves both parents 390 rubles each month, and children from previous marriages - 182 rubles each.



Victor and Maria have one child each from previous marriages and one common. Victor pays alimony for his first child, brings up his stepdaughter and a son in common with his new wife. Viktor will receive a 1,400 ruble deduction for his first child, 1,400 rubles for his stepdaughter, and 3,000 rubles for his son, and will save 754 rubles on taxes. His new wife will receive 1,400 rubles of deduction for her daughter and 3,000 rubles for her son, and will save 572 rubles.

Therefore, the common child of Maria and Victor will be the third and they will give him a 3,000 ruble deduction

Victor's new wife has only two children, but for the second she will receive a deduction as for the third. The Ministry of Finance sums up the children of both parents, so the common child of Maria and Victor will be the third and they will give him a deduction of 3,000 rubles:

Thus, not only parents can receive the deduction, but also stepmother, stepfather, guardians, adoptive parents, trustees and divorced parents, if they financially support the child.

We're not just talking about deductions.

But also about how to maintain a joint budget, teach a child to save, raise his salary and invest money profitably

The deduction will be given to you until the child is 18 years old. Moreover, if the child turns 18 at the beginning of the year, your right to the deduction will not expire on his birthday, but will remain valid until the end of the year. For children who continue their full-time studies for a fee or free of charge, the deduction will be extended for the entire period of study - up to a maximum of 24 years. For example, if in June the child graduated from the university and received a diploma, then from July you will no longer receive a deduction for him.

If the deduction is no longer given for older children, they are still taken into account when providing a deduction for younger brothers and sisters. If you have, for example, three children, and the older two have grown up a long time ago and you don’t receive anything for them, the deduction for the third child will still remain 3,000 rubles:

For disabled children, the deduction is higher: 12,000 rubles for parents and 6,000 rubles for guardians and trustees. This deduction is cumulative with the regular child deduction. For example, if a disabled child was born first or second, each parent will receive two deductions: 1,400 and 12,000 rubles, and save 1,742 rubles. If the child is the third in the family, 3,000 and 12,000 rubles will be exempted from the tax - parents will save 1,950 rubles each.

With the help of deductions, the state seeks to support people with low salaries, so it has set an annual limit. To stretch the deduction for the whole year, you need to receive no more than 29,166 rubles per month. If you receive 50,000 rubles a month, then in August your income will exceed 350 thousand and there will be no deduction. From August until the end of the year, you will pay personal income tax on your entire salary.

350,000 R is the maximum amount of annual income at which you are entitled to a deduction

It happens that there is no salary for several months: during a crisis, an employee was sent on vacation at his own expense or he took sick leave. In this case, the deduction for these months does not burn out, but is transferred to the next month and summarized.

But if the crisis drags on and there is no salary until the end of the year, the deduction burns out and is not carried over to the next year.

Who can double the deduction

The single parent is entitled to a double deduction if the other is dead or missing. If the parent remarries, he loses the right to the double deduction.

A double deduction will also be given to single mothers if there is no entry about the father in the birth certificate of the child or it is entered from the words of the mother.

A parent who divorced or did not formalize the relationship can also claim a double deduction, only it is necessary that the second parent refuse the deduction in favor of the first. If the second parent is not working, is individual entrepreneur, is on the labor exchange or is on parental leave for up to one and a half years, a double deduction will not be given.

If one parent refused his deduction in favor of the other, he will have to take a 2-NDFL certificate from work every month. An employer who pays a double deduction must make sure that the parent who waived the deduction is still working and his income has not exceeded the limit.

How it works

The tax deduction for a child is the most convenient. You do not need to fill out a declaration and go to the tax office, you can get a deduction right at work.

To do this, you need to come to the accounting department, write an application and attach documents to it:

  1. A copy of the child's birth or adoption certificate.
  2. A copy of the passport with a marriage mark or a marriage registration certificate if the parents are married.
  3. Help from educational institution that the child is a full-time student if he is a student.
  4. Certificate of disability if the child is disabled.

If the child has only one parent and the other is dead or missing, you will need a death certificate for the other parent or an extract from a court decision declaring the parent missing. If the child does not have a father and the mother is raising the child alone, a Form 25 birth certificate and a copy of the passport's marital status page must be brought to confirm that the mother is not married.

Guardians and trustees bring documents confirming their right to raise a child.

The accountant will accept the documents and calculate the deduction. If you did not write an application immediately, but in the middle or end of the year, you will not lose money: the accountant will recalculate personal income tax for all months worked this year.

The deduction is renewed automatically every year, you do not need to write a new application. But you will need it when you have another child or your life situation changes: you change jobs or, for example, create new family and you will raise unborn children.

If you changed jobs in a year, bring a 2-personal income tax certificate from your previous job to the accounting department. The accountant will take into account your past income for this year and check whether you have exceeded the limit of 350 thousand or not.

How to get a refund for previous years

It happens that the employer forgot to take an application for a deduction from you and considered the tax on the entire salary or gave a deduction, but not for all children. You can refund excess tax, but only for the last three years.

You will have to contact the tax office at your place of residence and prepare documents: an application, copies and originals of documents giving the right to a deduction, a 2-NDFL certificate from work on income for previous years and a self-filled 3-NDFL declaration.

Documents can be submitted in person or by mail. The tax office will take three months to check, after which it will send you a written notice of decision. If the return is approved, the money will come to your account within a month.

Remember

  1. If you have a child, you have the right to receive a tax deduction and reduce personal income tax.
  2. For the first and second child, the deduction will be 1400 rubles, for the third and subsequent - 3000 rubles.
  3. The deduction will be provided by your employer. To do this, write an application and attach copies of documents giving the right to deduction.
  4. Both parents can receive the deduction. The single parent will receive double the deduction.
  5. If you worked, but did not receive a deduction, contact the tax office at your place of residence. The money will be returned for the last three years.