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Calculation of material benefits. How to calculate personal income tax from material benefits from savings on interest

The rules for calculating personal income tax from material benefits on interest-free loans and loans issued to individuals at low interest rates have changed significantly since 2016. Now 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 (subclause 7, clause 1, article 223 of the Tax Code of the Russian Federation). For example, a loan was issued on January 15 and repaid on March 23. Then you will have to calculate the materiel on January 31, February 29 and March 31.

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):

  • monthly calculate income in the form of matvy benefits and personal income tax from it;
  • withhold tax from the next cash payments to individuals;
  • transfer withheld tax to the budget;
  • at the end of the year, submit a 2-NDFL certificate to an individual.

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 report to the Federal Tax Service Inspectorate that it is impossible to withhold tax (clause 5, article 226 of the Tax Code of the Russian Federation).

Interest-free loan: material benefit and personal income tax

Starting from January 2016, the benefit on interest-free loans is calculated according to the 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:

  • in the month when the loan was issued - from the day following the day the loan was issued and until the last day of the month;
  • in the month when the loan is repaid - from the first day of the month to the day the loan is repaid;
  • in other months - as a calendar number of days in a month.

Material benefit under an interest-bearing loan agreement: personal income tax

If the loan is issued at interest, but the interest rate under the agreement 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):

Calculation of personal income tax from material benefits on loans

The personal income tax rate from material benefits on loans is (Article 224 of the Tax Code of the Russian Federation):

  • if an individual is a resident - 35%;
  • if an individual - - 30%.

You need to withhold tax from the nearest cash income paid to an individual.

To calculate personal income tax from material benefits on a loan, you can use.

Payment of personal income tax on material benefits on a loan

Personal income tax withheld from any income paid to an individual (for example, from salary or dividends) is transferred to the budget no later than the next day after the payment of income (

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

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

Yes need.

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

According to the general rules, an employee receives material benefits in two cases.

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

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

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

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

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

LLC "Trading firm "Germes"" is engaged in the sale of color TVs. In February, the organization sold 15 TV sets to its employees at a price of 3,150 rubles. a piece. This month, the same TVs were sold to third-party buyers at a price of 4,500 rubles.

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

The material benefit from the acquisition of a unit of goods amounted to 1350 rubles. (4500 rubles - 3150 rubles).

The amount of personal income tax that an accountant must withhold in February from each employee who bought a TV set amounted to 176 rubles. (1350 rubles × 13%).

Benefit from the acquisition of securities

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

  • received free of charge;
  • purchased at below market prices.

This applies to both securities traded on an organized market and securities not traded on an organized market (Clause 4, Article 212 of the Tax Code of the Russian Federation).

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

When a shareholder (founder) receives additional shares (shares, shares) as a result of revaluation of fixed assets, no material benefit arises. Such income is exempt from personal income tax (clause 19, article 217 of the Tax Code of the Russian Federation).

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

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

If securities are traded on an organized market:

  • the market value is determined in accordance with the Procedure approved by Order No. 10-65/pz-n of the Federal Financial Markets Service of Russia of November 9, 2010;
  • the maximum limits for market value fluctuations are determined on the basis of clause 5 of the Procedure approved by order of the Federal Financial Markets Service of Russia dated November 9, 2010 No. 10-65/pz-n.

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

  • the settlement price is determined in accordance with the Procedure approved by Order No. 10-66/pz-n of 9 November 2010 of the FFMS of Russia;
  • the maximum fluctuation limits (upward and downward) are 20 percent of the settlement price (clause 7 of the Procedure approved by order of the FFMS of Russia dated November 9, 2010 No. 10-65/pz-n).

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

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

Date of receipt of benefits on securities

The date of actual receipt of income in the form of material benefit from the acquisition of securities is recognized:

  • or the date of purchase of securities at below market prices;
  • or the day of gratuitous receipt of securities;
  • or the day of payment for securities (if payment occurs after the transfer of ownership of the securities).

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

Payment of personal income tax on the benefits of securities

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

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

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

Alfa's shares are traded on the organized securities market. As of January 16, their market price was 100 rubles.

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

Thus, the material benefit from the purchase of one share was:
80 rubles / piece - 75 rubles / pc. \u003d 5 rubles / pc.

The material benefit from the purchase of the entire block of shares amounted to:
5 rubles / piece × 1000 pcs. = 5000 rubles.

Bespalov is not entitled to standard tax deductions. The amount of personal income tax from material benefits amounted to:
5000 rub. × 13% = 650 rubles.

The accountant withheld the calculated personal income tax from Bespalov's salary for January.

Recently, the sale of goods to the population on credit has become widespread. And few of the buyers suspect that in such a situation he may have an income called material gain. In addition, such a benefit may arise, for example, if an employee of the organization receives a loan, as well as in other situations. In this article, we will look at examples of what a material benefit is, when it can appear, and what needs to be done in this case.

What is a material benefit?

Article 212 of the Tax Code of the Russian Federation establishes the features of calculating income received in the form of material benefits. Paragraph 1 of the said article lists the cases when it may occur:

1) savings on interest for the use of borrowed (credit) funds received from organizations or individual entrepreneurs (with the exception of operations with credit cards during the interest-free period established in the credit card agreement);

2) purchase of goods (works, services) under a civil law contract from individuals, organizations and individual entrepreneurs who are interdependent in relation to the buyer;

3) acquisition of securities at a price below the market price.

Thus, a material benefit arises in situations where an individual acquires the right to own something or dispose of something on more favorable terms than those established for all other buyers or consumers.

It is important not to confuse material gain with income received in kind. They are subject to different personal income tax rates, but we will talk about this in more detail below. Examples of in-kind income can be partial or full payment by organizations or individual entrepreneurs for an individual for goods (works, services) or property rights (for example, utilities, food, recreation, education), the receipt by an individual of goods or the performance in his interests of any or works, provision of services free of charge.

Now let's look at each of the types of material benefits in detail.

Savings on interestand material gain

This is one of the most common types of material gain. According to paragraphs. 1 p. 2 art. 212 of the Tax Code of the Russian Federation, savings on interest arise in cases where an individual is provided with a loan or credit, the interest on which is less than the minimum established by law. For ruble funds, the minimum interest rate is 3/4 of the refinancing rate set by the Central Bank of Russia. Since December 26, 2005, the refinancing rate has been set at 12%, which means that the minimum amount is 9% (12% x 3/4). For foreign currency, the minimum amount is unchanged and is always 9%.

Thus, today for any funds received by individuals under a loan or credit agreement, the minimum is 9%. If the rate under the contract is less, then the borrower has income in the form of material benefits.

The organization provided its employee with a loan in the amount of 100,000 rubles. for a period of 1 year with the payment of 4% per annum. In this case, the savings is 5% (9 - 4). Income in the form of material benefits is 5,000 rubles. (100,000 rubles x 5%). The personal income tax rate for such material benefit is 35% (clause 2, article 224 of the Tax Code of the Russian Federation). The amount of tax will be equal to 1,750 rubles. (5,000 rubles x 35%).

Assume that the specified loan is provided for 3 months (from January to March), which is 90 calendar days. Then the amount of tax will be equal to 432 rubles. (1,750 rubles / 365 days x 90 days).

Now suppose that the contract provides for monthly repayment of the loan: 30,000 rubles each. in the first two months and 40,000 rubles. to the last. Payment of interest under the loan agreement is made on the last day of each month. According to paragraphs. 3 p. 1 art. 223 of the Tax Code of the Russian Federation, the date of actual receipt of income in the form of material benefit under loan (credit) agreements is the day of payment of interest on them.

Thus, 100,000 rubles. will be at the disposal of an individual for 31 days (70,000 rubles - 28 days and 40,000 rubles - 31 days). Based on this, the material benefit for January will amount to 424.66 rubles. (100,000 rubles x 5% / 365 days x 31 days), for February - 268.49 rubles. (70,000 rubles x 5% / 365 days x 28 days), for March - 169.86 rubles. (40,000 rubles x 5% / 365 days x 31 days). The total income in the form of material benefits will be 863.01 rubles. The tax must be paid in the amount of 302 rubles. (863.01 rubles x 35%).

If a loan or loan is taken for the purpose of acquiring a residential building, apartment or share (s) in them in the Russian Federation, then personal income tax on material benefits in this case is calculated at a rate of 13% (clause 2 of article 224 of the Tax Code of the Russian Federation).

The organization provided an interest-free loan to its employee for a period of 2 years in the amount of 1,500,000 rubles. to buy an apartment. The loan was repaid after the specified period. It should be borne in mind here that the determination of the tax base for material benefits arising under loan (credit) agreements is carried out at least once a year (clause 2, clause 2, article 212 of the Tax Code of the Russian Federation).

Thus, the material benefit will be 135,000 rubles. per year (1,500,000 rubles x 9%), personal income tax is 17,550 rubles. for each year (135,000 rubles x 13%). It must be remembered that when buying a home, an individual who is a tax resident of the Russian Federation can apply a property tax deduction to their income taxed at a rate of 13%. Therefore, in such a situation, you may not have to pay tax.

However, if the amount of the target loan (credit) exceeds the amount actually spent on the purchase of housing, the overpaid funds will be qualified as misused. The material benefit from savings on interest on the amount of the target loan (credit) used for other purposes is calculated using a rate of 35% (clause 1 of the Letter of the Ministry of Finance of the Russian Federation of March 31, 2005 No. 03-05-01-04 / 78).

In accounting, loans issued by the organization to its employees are reflected in the debit of account 73-1 “Settlements with personnel on other operations”, sub-account “Settlements on loans granted”. If the borrower is a third-party person, then account 58-3 “Financial investments”, sub-account “Granted loans” is used. Withholding interest from the employee is made on the debit of account 70 “Settlements with personnel for wages” and the credit of account 73-1. Withholding personal income tax at the request of the employee - Debit 70 Credit 68. Operating income of the organization in the form of interest accrued on the loan - Debit 73-1 or 58-3 Credit 91-1.

As we have already said, programs for the purchase of goods on credit have recently received particular popularity. Typically, the amount of interest on them is at least 9%. At the same time, there are also interest-free loan programs. As a rule, they are provided in cases of purchasing expensive goods, subject to an initial payment of 30% and repayment of the loan within six months or a year.

An individual in January purchased a car worth 500,000 rubles. On the day of the acquisition, they were paid 200,000 rubles, the remaining 300,000 rubles. paid for 30,000 rubles. monthly for 10 months. Thus, for the first month, the material benefit will be 2,293.15 rubles. (300,000 rubles x 9% / 365 days x 31 days). For the second - 1,864.11 rubles. (270,000 rubles x 9% / 365 days x 28 days), etc. As a result, the total amount of income in the form of material benefit will be equal to 12,309.04 rubles, and the tax from it will be 4,308.16 rubles. (12,309.04 rubles x 35%).

It should be kept in mind that the inclusion of interest in the price of the goods will not affect the amount of income or tax. This is due to the fact that such actions are not reflected in the sale and purchase agreement and the loan agreement. There are also cases when the loan provided by the bank is not interest-free, but the seller pays the interest for the buyer. In this case, there is income in kind.

Exceptions to the rules

Material benefit does not appear in cases of obtaining loans from sources that are not legal entities or individual entrepreneurs, for example, from state authorities or local governments. In particular, the Ministry of Finance of the Russian Federation explained that in the event that internally displaced persons receive an interest-free loan on a repayable basis for the purchase of housing, financing is made at the expense of the federal budget. In this regard, income in the form of material benefit and, therefore, the object of personal income tax does not appear (Letter of the Ministry of Finance of the Russian Federation of September 16, 2005 No. 03-05-01-03 / 90).

In addition, material benefit does not arise in cases where an individual disposes of credit funds provided under a credit line on an interest-free basis during the interest-free period established by the credit card agreement (clause 1 clause 1 article 212 of the Tax Code of the Russian Federation). In this case, an important condition is the repayment of the entire amount of debt under the credit line before the last day of the interest-free period (Letter of the Ministry of Finance of the Russian Federation dated 05.10.05 No. 03-05-01-04 / 286). This rule also applies to the provision of a loan to the holder of a payment card in case of insufficiency or absence of funds in his bank account - an overdraft (Letter of the Ministry of Finance of the Russian Federation dated 10.11.05 No. 03-00-10 / 40).

Reportable funds as a hidden form of loan

Now let's imagine a different situation. An employee of the organization receives on the 1st a report of 10,000 rubles. per month for the purchase of goods and materials. Three situations are possible here: after a month, the employee did not spend the accountable amount, spent it partially or completely.

The fact is that during tax audits, inspectors can qualify the submission of an account as an attempt to disguise a loan agreement (Resolution of the Federal Antimonopoly Service of the Far East of December 24, 2003 No. F03-A51 / 03-2 / 2720). In cases of full expenditure of accountable amounts, representatives of the tax service are unlikely to have such questions. If the money is not fully spent, then everything will depend on how large the balance of the returned amounts is and how often this happens. Situations when the amounts are returned completely unspent are the most controversial, and the decision of the inspector may also depend on how often they occur, as well as on the purposes for which the money was issued under the report. For example, if an employee fails to purchase a rare product that is in high demand, this is a good reason, and the return of accountable amounts issued for the purchase of office supplies looks completely different.

A similar situation may also arise when issuing funds for a business trip of an employee. According to paragraph 11 of the Procedure for conducting cash transactions in the Russian Federation, approved by the Letter of the Central Bank of October 04, 1993 No. 18, the issuance of cash against the expense report associated with business trips is made within the amounts due to seconded persons. For example, if, following the results of a business trip, out of the issued 50,000 rubles. only 10,000 rubles have been spent, then it is necessary to substantiate, as far as possible, in detail the amount issued to the seconded employee, with an accounting statement-calculation.

And the last case when it is possible to qualify a sub-report as a loan: the issuance of amounts under the report in order to avoid exceeding the cash limit on the organization's cash desk. Money, as a rule, is issued for one day and returned in full.

In all the situations considered, the organization can protect itself in the following way. Firstly, the accountable amounts are not a loan, since, according to Art. 807 of the Civil Code of the Russian Federation, under a loan agreement, funds become the property of the borrower. When issuing accountable amounts, the employee has a debt to the employer, which the latter can recover from earnings. Secondly, there is no loan agreement itself, while according to Art. 808 of the Civil Code of the Russian Federation, it must be concluded in writing. And, thirdly, the funds received under the loan agreement can be spent by the borrower at its own discretion, and the accountable amounts can be used exclusively for the purposes specified in the order.

Who pays VAT?

What should a person do who has income in the form of material benefits received from savings on interest for the use of borrowed funds? As previously explained by the tax service, the taxpayer determines the amount of such income independently. In this case, an individual is required to submit a tax return.

If the borrowed funds are received by an individual under a loan agreement concluded with a Russian organization - the source of his income, for which he is recognized as a tax agent, then the borrower, in agreement with this organization, has the right to transfer to it his authority to calculate the tax base and the amount of personal income tax payable.

This can be done on the basis of a notarized power of attorney or a power of attorney equivalent to a notarized one in accordance with the civil legislation of the Russian Federation. In this case, the tax agent organization is recognized as an authorized representative of the taxpayer in relations with the tax authorities (Letter of the Federal Tax Service of the Russian Federation of December 24, 2004 No. 04-3-01 / 928).

According to the Ministry of Finance of the Russian Federation, when a taxpayer receives this income, an organization (individual entrepreneur) on the basis of Art. 226 of the Tax Code of the Russian Federation is recognized as a tax agent regardless of the borrower's appeals to the lender or the presence of notarized powers of attorney (Letter of the Ministry of Finance of the Russian Federation No. 03-05-01-04 / 78). That is, a person is obliged to calculate, withhold from the taxpayer and pay to the budget the appropriate amount of tax (letters of the Ministry of Finance of the Russian Federation of November 14, 2005 No. 03-05-01-04 / 356, November 21, 2005 No. 03-05-01-04 / 365).

According to paragraph 4 of Art. 226 of the Tax Code of the Russian Federation, a tax agent withholds from the taxpayer the amount of tax accrued at the expense of any funds paid by the tax agent to the taxpayer or on his behalf to third parties. However, the amount of tax withheld cannot exceed 50% of the amount of the payment.

Thus, if a loan was provided to an individual, for example, by his own employer, then personal income tax from income in the form of material benefit must be withheld when paying wages. This type of income must be reflected in the tax card 1-NDFL and in the certificate 2-NDFL code 2610.

If the lender is not a source of payment of any other income to an individual, then he cannot withhold and transfer personal income tax. According to paragraph 5 of Art. 226 of the Tax Code of the Russian Federation, if it is impossible to withhold the calculated amount of tax from the taxpayer, the tax agent is obliged to report this in writing to the tax authority at the place of its registration within one month from the moment such a circumstance arises.

In this case, the taxpayer shall independently calculate and pay personal income tax on the basis of paragraphs. 4 p. 1 art. 228 of the Tax Code of the Russian Federation in the manner prescribed by this article (Letter of the Federal Tax Service of the Russian Federation No. 04-3-01 / 928, paragraph 2 of the Letter of the Ministry of Finance of the Russian Federation of July 12, 05 No. 03-05-01-04 / 232).

Selling goods to an employee and material gain

The next type of material benefit is the sale of goods (works, services) to individuals by organizations and individual entrepreneurs that are interdependent in relation to the buyer (clause 2, clause 1, article 212 of the Tax Code of the Russian Federation). Such income appears on the condition that the goods (work, services) are sold at a lower price than the usual one (clause 3, article 212 of the Tax Code of the Russian Federation).

It must be remembered that in our case, interdependence can arise only in the following situations (Article 20 of the Tax Code of the Russian Federation): one individual is subordinate to another according to his official position, the persons are in a marriage relationship, relationship of kinship or property, an adoptive parent and an adopted child, as well as a trustee and ward, by court order.

It turns out that by selling goods to its employee cheaper, the organization can be recognized as interdependent only by the court. For example, a company sells electronics. An employee was sold for 9,000 rubles. video camera, the price of which according to the price list is 15,000 rubles. The amount of material benefit is 6,000 rubles, personal income tax - 780 rubles. (6,000 rubles x 13%).

If a product (work, service) is sold, the sale of which the organization is not engaged in, then when comparing, one should proceed from the price of identical and homogeneous goods (clauses 6, 7, article 40 of the Tax Code of the Russian Federation). In any case, if the inspectorate decides to charge additional personal income tax on such a material benefit, then it is she who will have to prove interdependence in court.

If the employer is an individual entrepreneur, there is a direct subordination of one individual to another according to his official position. The employee must independently calculate the material benefit and pay personal income tax or authorize the entrepreneur to do so in a written application.

Purchase of securities and material gain

If the actual expenses of an individual for the purchase of securities are lower than their market price, then such a difference will also be a material benefit (clause 3, clause 1, clause 4, article 212 of the Tax Code of the Russian Federation). At the same time, the market value of securities is determined in accordance with the procedure established by Decree No. 03-52/ps of the FC of the Central Bank, taking into account the maximum limit for fluctuations in their price - 20% upward or downward. It should be noted that this document refers only to equity securities, that is, those circulating on an organized market. The law does not establish a special procedure for determining the market price of securities that are not circulating on it (for example, bills). Thus, there is no material benefit for this category of securities.

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 the specified income, the market value of securities, in the opinion of the Ministry of Finance of the Russian Federation, should be determined on the date of the transaction, since it was on that day that the buyer decided to complete it (Letter of the Ministry of Finance of the Russian Federation dated 01.26.05 No. 03-05-01- 04/11). Tax on such material gain can be paid by both the buyer of securities and his authorized representative - the organization that sold these securities.

When individuals receive borrowed (credit) funds that are interest-free or the interest on which is below 2/3 of the refinancing rate of the Central Bank of the Russian Federation (9% per annum - for foreign currency loans), these individuals receive income in the form of financial gain . Consider the procedure for taxing personal income tax on this income.

The tax base

In accordance with paragraph 1 of Art. 210 of the Tax Code of the Russian Federation, when determining the tax base for personal income tax, all income of the taxpayer received by him both in cash and in kind, or the right to dispose of which he has arisen, as well as income in the form of material benefits, determined in accordance with Article 212 of the Tax Code RF.

According to paragraphs. 1 p. 1 art. 212 of the Tax Code of the Russian Federation, the taxpayer's income in the form of material benefit is material benefit derived from savings on interest for the use of borrowed (credit) funds received from organizations or individual entrepreneurs.

The exception is:

1) received from banks located on the territory of the Russian Federation in connection with operations with bank cards during the interest-free period established in the agreement on the provision of a bank card;

2) material benefit received from savings on interest for the use of borrowed (credit) funds provided for new construction or the acquisition in the territory of the Russian Federation of a residential building, apartment, room or share (shares) in them, land plots provided for individual housing construction, and land plots on which the purchased residential buildings are located, or shares (shares) in them;

3) material benefit received from savings on interest for the use of borrowed (credit) funds provided by banks located in the territory of the Russian Federation for the purpose of refinancing (on-lending) loans (credits) received for the purposes specified in the previous paragraph.

The material benefit specified in clauses 1 and 2 is exempt from taxation, provided that the taxpayer has the right to receive a property tax deduction (clause 3, clause 1, article 220 of the Tax Code of the Russian Federation), confirmed by the tax authority (clause 8, article 220 of the Tax Code of the Russian Federation ).

In accordance with paragraph 2 of Art. 212 of the Tax Code of the Russian Federation when the taxpayer receives income in the form of material benefits,the tax base defined as:

1) excess of the amount of interest for the use of borrowed (credit) funds, expressed in rubles, calculated on the basis of 2/3 of the current refinancing rate set by the Central Bank of the Russian Federation on the date of actual receipt of income , over the amount of interest calculated on the basis of the terms of the contract;

2) excess of the amount of interest for the use of borrowed (credit) funds denominated in foreign currency, calculated on the basis of9% per annum , over the amount of interest calculated on the basis of the terms of the contract.

In accordance with paragraphs. 3 p. 1 art. 223 of the Tax Code of the Russian Federation date of actual receipt of income when receiving income in the form of material benefit is defined as date of interest payment on received borrowed (credit) funds.

When determining the tax base for income in the form of material benefits for the use of interest-free loan , the dates of receipt of income are dates of actual repayment of borrowed funds (Letter of the Ministry of Finance of the Russian Federation dated February 27, 2012 No. N 03-04-05/9-223). In this case, the agreement may provide for the repayment of an interest-free loan (credit) with any frequency (for example, at a time, monthly or quarterly, etc.).

tax rate

Personal income tax on material benefits is calculated at the following rates:

If it is taxable resident of the Russian Federation - at a rate of 35% (clause 2 of article 224 Tax Code of the Russian Federation);

If the taxpayer is not a tax resident of the Russian Federation - at a rate of 30% (clause 3 of article 224 Tax Code of the Russian Federation).

Calculation, deduction and transfer of personal income tax

In accordance with paragraph 1 of Art. 226 of the Tax Code of the Russian Federation, Russian organizations, as a result of relations with which the taxpayer received income in the form of material benefits, are required to calculate, withhold and pay the appropriate amount of personal income tax to the budget.

In this case, organizations are recognized tax agents .

In accordance with paragraph 4 of Art. 226 of the Tax Code of the Russian Federation, tax agents are obliged to withhold the accrued amount of tax directly from any income of the taxpayer when they are actually paid to the taxpayer himself or on his behalf to third parties. However, the amount of tax withheld cannot exceed 50% of the amount of the payment.

Tax agents are required to transfer to the budget the amount of personal income tax from material benefits no later than the day following the day of their actual deduction.

The organization can withhold personal income tax only if it is the employer of the taxpayer.

Otherwise, organizations, in accordance with paragraph 5 of Art. 226 of the Tax Code of the Russian Federation, it is necessary not later than one month from the date of the end of the tax period in which the relevant circumstances arose, to inform the taxpayer and the tax authority at the place of its registration in writing about the impossibility to withhold tax and the amount of tax. The form of the message and the procedure for its submission are approved by the Order of the Federal Tax Service of Russia dated 11/17/2010 No. N MMV-7-3/ [email protected](as amended on November 14, 2013) “On approval of the form of information on the income of individuals and recommendations for filling it out, the format of information on the income of individuals in electronic form, directories.” At the same time, the obligation to pay personal income tax is assigned to (clause 4, clause 1, article 228 of the Tax Code of the Russian Federation). The taxpayer in accordance with paragraph 3 of Art. 228 and Art. 229 of the Tax Code of the Russian Federation in this case is obliged to submit to the tax authority at the place of its registration the corresponding tax declaration no later than April 30 of the year following the expired tax period.

Example 1

Calculation of personal income tax from material benefits from savings on interest on a loan issued in rubles.

On June 30, 2014, the organization provided its employee - a tax resident of the Russian Federation with a loan in the amount of 100,000 rubles. for a period of 6 months at 4% per annum. Interest is paid in a lump sum upon repayment of the loan. On December 30, 2014, the employee returned the loan, and also paid interest in the amount of 2005.48 rubles. (Calculation: 100,000 rubles x 4% / 365 days x 183 days = 2005.48 rubles). The refinancing rate as of the interest payment date is 8.25% (Decree of the Bank of Russia dated September 13, 2012 N 2873-U “On the size of the refinancing rate of the Bank of Russia”).

100 000 rub. x (2/3 x 8.25% - 4%) / 365 days x 183 days \u003d 752.05 rubles.

RUB 752.05 x 35% = 263 rubles.

Example 2

Calculation of personal income tax from material benefits from savings on interest on a loan issued in foreign currency.

On June 30, 2014, the Znak bank provided Petrov A.V., who is not an employee of this bank, a tax resident of the Russian Federation, with a loan for consumer purposes in the amount of USD 12,000 for a period of 6 months at 7% per annum. Interest is paid in a lump sum when the loan is repaid.

December 30, 2014 Petrov A.V. repaid the loan and also paid interest in the amount of 23,870.82 rubles. (the official exchange rate of the US dollar as of December 30, 2014 was set by the Central Bank of the Russian Federation in the amount of 56.6801 rubles / US dollars. Calculation: $ 12,000 x 7% / 365 days x 183 days = $ 421.15 x 56, 6801 = 23,870.82 rubles).

The material benefit from savings on interest on the loan will be:

$12,000 x (9% - 7%) / 365 days x 183 days \u003d $ 120.33 x 56.6801 \u003d 6,820.25 rubles.

Personal income tax from material benefits will be:

RUB 6,820.25 x 35% = 2,387 rubles.

Since the borrower is not an employee of the lending bank, he is obliged to independently declare the specified income and pay personal income tax on it. To do this, no later than April 30, 2015 Petrov A.V. will have to submit a personal income tax return for 2014 to the tax authority at the place of residence.

Example 3

Calculation of personal income tax from material benefits from savings on interest on an interest-free loan issued in rubles to a non-resident.

On June 30, 2014, the organization provided its employee who is not a tax resident of the Russian Federation with an interest-free loan in the amount of 100,000 rubles. for a period of 4 months. Under the terms of the agreement, the loan is repayable on the following dates: July 31, August 29, September 30 and October 30, 2014 - 25,000 rubles each. The employee repaid the loan within the specified time. The refinancing rate on the loan repayment dates is 8.25%.

Calculate the material benefit from savings on interest on the loan and the corresponding amount of personal income tax:

July 31, 2014 The amount of material benefit will be: 100,000 rubles. x 2/3 x 8.25% / 365 days x 31 days = 467.12 rubles. Personal income tax will be: 467.12 rubles. x 30% = 140 rubles

August 29, 2014 The amount of material benefit will be: (100,000 rubles - 25,000 rubles) x 2/3 x 8.25% / 365 days. x 29 days = 327.74 rubles. Personal income tax will be: 327.74 rubles. x 30% = 98 rubles

September 30, 2014 The amount of material benefit will be: (100,000 rubles - 50,000 rubles) x 2/3 x 8.25% / 365 days. x 32 days = 241.10 rubles. Personal income tax will be: 241.10 rubles. x 30% = 72 rubles

October 30, 2014 The amount of material benefit will be: (100,000 rubles - 75,000 rubles) x 2/3 x 8.25% / 365 days. x 30 days = 113.01 rubles. Personal income tax will be: 113.01 rubles. x 30% = 34 rubles