S.V. Razgulin,
Active State Councilor of the Russian Federation 3rd class

Many organizations use the practice of issuing loans to their employees and founders. Chapter 23 of the Tax Code provides the grounds on which income in the form of material benefits received from savings on interest for the use of borrowed (credit) funds is included in the tax base of an individual. Tax rules Personal income tax benefits, taking into account the changes that have occurred since 2016, are the focus of this interview.

- How can an individual generate taxable income when receiving a loan (credit)?
The loan agreement is considered concluded from the moment the money is transferred to the borrower (Article 807 of the Civil Code of the Russian Federation). The amounts of the loan received and repaid by themselves do not create income or expenses taken into account for tax purposes.
Interest is accrued on the amount of funds transferred under the loan agreement based on the amount specified in the agreement. If their amount is not established, then interest is accrued at the refinancing rate of the Bank of Russia, which is in effect on the day the borrower pays the debt amount or part thereof (Article 809 of the Civil Code of the Russian Federation).
However, sometimes the receipt by an individual of even a repayable loan (credit) can lead to the emergence of special type income - material benefit.
The material benefit is expressed in the fact that the borrower uses borrowed (credit) funds for free or for interest, the amount of which is less than that provided for by the Tax Code of the Russian Federation (clause 2 of Article 212 of the Tax Code of the Russian Federation). A similar method of taxation, when a person legislative order income is actually imputed, is an example of countering cases of receiving an unjustified tax benefit.

When a loan is issued by an individual who is not an entrepreneur to another individual, does the recipient have no material benefit?
The lender under the agreement can be either an individual or a legal entity. But according to the Tax Code of the Russian Federation, material benefits can arise only when a loan is issued by an organization or an individual entrepreneur.
Material benefit does not arise when receiving a loan:
from an individual who is not an entrepreneur;
from an individual who is an entrepreneur, but issued a loan outside the scope of implementation entrepreneurial activity.

- What if the loan recipient is an individual entrepreneur?
When an individual entrepreneur receives a loan, he may also receive income from savings on interest. Moreover, regardless of the purpose of spending the loan, this income cannot be considered as income from business activities. It does not matter what taxation regime an individual entrepreneur applies to business activities. Taxation of income received in the form of material benefits will be carried out in the manner established by Chapter 23 of the Tax Code of the Russian Federation.

- Does the fact that the individual borrower is a foreigner affect the taxation procedure?
The citizenship of an individual does not affect taxation, unless otherwise established by an international treaty. The tax status of the loan recipient and the organization that issued the loan is important. Material benefit is subject to taxation for individuals– tax residents.
When a loan is issued by a Russian organization or a Russian individual entrepreneur, the income resulting from savings on interest for the use of borrowed funds by a non-resident individual is classified as income from sources in Russia and will be taxed in Russia.

- The benefit arises in all cases of providing a loan under low rates?
In addition to the amount of interest, taxation depends on the purpose for which the loan is used.
Exempt from taxation are material benefits received from savings on interest for the use of borrowed (credit) funds spent on the purchase of housing in Russian Federation, including land plots for housing.
Exemption of material benefits from taxation also applies in situations where:
property deduction has not yet begun to be used;
the property deduction for housing purchased with borrowed funds has been fully received, and the loan continues to be repaid (letter of the Ministry of Finance of Russia dated September 14, 2010 No. 03-04-06/6-212).
A taxpayer can take advantage of the employer's exemption by submitting to him a notice confirming the right to a property tax deduction issued by the tax authority. The notification form was approved by order of the Federal Tax Service of Russia dated January 14, 2015 No. ММВ-7-11/3@.

- Can I get an exemption from a tax agent who is not my employer?
Can. You must also contact tax authority for the issuance of confirmation of the right to receive property tax deduction. The recommended form of the certificate, intended for tax agents who are not employers for individuals, is given in the letter of the Federal Tax Service of Russia dated January 15, 2016 No. BS-4-11/329@.

What if the notification was received after the tax was calculated and withheld from the material benefit for the use of borrowed funds?
The taxpayer is subject to over-withheld tax for the previous period of use of borrowed funds. The procedure for offset and refund of tax in such a situation is not clearly regulated by the norms of the Tax Code of the Russian Federation.
Article 231 of the Tax Code of the Russian Federation instructs the taxpayer to apply for a refund of excessively withheld personal income tax to a tax agent. Based on Article 78 of the Tax Code of the Russian Federation, the period for applying for a credit (refund) of the amount of overpaid tax is limited to three years.

The loan agreement was concluded for several years. To be exempt from taxation of material benefits, proof of the right to a property deduction must be submitted every year?
If the lending organization has received confirmation that the employee has the right to a property tax deduction, then in subsequent tax periods a new confirmation is not required.

- Should the loan size match the amount of funds spent on the purchase of housing?
Not necessary. But if the cost of housing is less than the loan amount, then a material benefit may arise in relation to the interest calculated on the difference between the loan amount and the amount of expenses for purchasing housing.
If a property deduction is provided to a taxpayer within the limits established limit, A actual expenses for the purchase (construction) of housing, acquisition land plots this limit has been exceeded, the personal income tax exemption applies to the entire amount of material benefit.
Please note that the employer can contribute to the improvement living conditions employee not only by issuing a targeted loan, but also by reimbursing the employee for the cost of paying interest on loans (credits) for the purchase or construction of housing. Such expenses are taken into account in the amount of 3% of the amount of labor costs (clause 24.1 of Article 255 of the Tax Code of the Russian Federation). How separate species income, such refundable interest is not subject to personal income tax for the employee (clause 40 of article 217 of the Tax Code of the Russian Federation).

Is material gain taxed when an individual receives targeted loans, the interest rate of which is subsidized by the state?
The Tax Code of the Russian Federation does not contain special rules regarding material benefits for such loans. Therefore, the material benefit received from savings on interest for the use of borrowed (credit) funds issued for the purchase of cars within the framework of the Automotive Industry subprogram state program Russian Federation “Development of industry and increasing its competitiveness” is not exempt from taxation.
For housing (mortgage) loans (credits) under the state subsidy program within the framework of the implementation of the Decree of the Government of the Russian Federation dated March 13, 2015 No. 220 “On approval of the Rules for the provision of subsidies from federal budget Russian credit organizations And joint stock company"Mortgage Agency housing lending“To compensate for lost income on issued (purchased) housing (mortgage) credits (loans)”, exemption from taxation of material benefits is possible in the generally established manner - if the individual borrower has confirmation of the right to receive a property tax deduction issued by the tax authority.

What else should you pay attention to when concluding loans between an organization and an individual, its founder or employee?
When a loan is issued by an organization or an individual entrepreneur, the agreement must be concluded in writing (Article 808, paragraph 3 of Article 23 of the Civil Code of the Russian Federation). Since 2015, interest on debt obligations has been recognized in the income and expenses of organizations in the actual amount, with the exception of interest on controlled transactions (Article 269 of the Tax Code of the Russian Federation).
A loan agreement can be recognized as a controlled transaction, for example, between an organization and an individual founder with a participation share of more than 25%, or between an organization and its director. To recognize a transaction between Russian related parties as a controlled transaction, it is necessary that the amount of income from all transactions between the specified persons for calendar year exceeded 1 billion rubles (subclause 1 of clause 2 of Article 105.14 of the Tax Code of the Russian Federation).
IN controlled transaction, the percentages of which are beyond the limits, established by paragraph 1.2 of Article 269 of the Tax Code of the Russian Federation, both interest expenses and interest income on such a transaction will be calculated based on market prices. If it is not possible to justify that the interest rate on the loan issued is within the range of market prices for transactions concluded on comparable terms, the organization will have to include interest “not received” from an individual in income.

The loan agreement stipulates that if the repayment deadline is violated, liability arises in the form of interest for late performance. In this case, the accrual of interest under the agreement ceases. Is there any material benefit in this case?
The agreement may provide that due to late payment of debt and (or) interest, the organization has the right to demand early repayment of the loan and interest due. If a request for early repayment is made, the accrual of interest for the use of funds stops. The borrower's further use of funds is non-contractual.
Articles 811 and 395 of the Civil Code of the Russian Federation provide for the accrual of interest, which serves as a measure of liability for delays monetary obligation(penalties assessed on the amount not repaid on time). The letter of the Ministry of Finance of Russia dated November 13, 2012 No. 03-04-06/4-317 states that there is no material benefit in relation to the specified interest.

-How is the tax base for material benefits determined?
The tax base for material benefits is determined depending on the currency of the loan.
When the loan was not received Russian rubles, and in the currency of any other country, then the tax base arises if there is a difference between the amount of interest for the use of borrowed funds, calculated on the basis of 9% per annum, and the amount of interest, calculated on the basis of the terms of the agreement.
For a loan denominated in rubles, the tax base (interest amount) is calculated as the difference between 2/3 of the Central Bank refinancing rate and the interest rate under the agreement, multiplied by the outstanding loan amount.
From September 14, 2012, the refinancing rate was 8.25%. Consequently, until 2016, material benefits arose when the contract rate was less than 5.5%.
According to the Directive of the Bank of Russia dated December 11, 2015 No. 3894-U, from January 1, 2016, an independent value of the refinancing rate is not established, and the value of the refinancing rate is equal to the value key rate Bank of Russia determined on the corresponding date.
The key rate has been 11% since August 3, 2015 (Information from the Bank of Russia dated July 31, 2015).
Thus, since 2016, on credit (borrowed) funds provided, income in the form of material benefits arises if the credit (loan) rate is less than 7.33%, and not 5.5% per annum as it was in 2015.

- What if the Central Bank's key rate changes?
In counting tax base The key rate of the Bank of Russia is used, established on the date of receipt of income by the taxpayer. If the rate becomes lower or higher, then on the new date of receipt of income the calculation is made based on the new interest rate. The tax base for past periods is not recalculated.

- What if an individual received an interest-free loan?
When demon interest-bearing loan the tax base will be equal to the product of 2/3 of the key rate and the amount of debt.
Until 2016, in accordance with subparagraph 3 of paragraph 1 of Article 223 of the Tax Code of the Russian Federation, the dates of receipt of income in the form of material benefits were the dates of payment of interest, including the dates of their capitalization (the dates of inclusion of interest in the amount of the principal debt).
For an interest-free loan, it was proposed to consider the dates of repayment of funds as the dates of actual receipt of income in the form of material benefits (letter of the Ministry of Finance of Russia dated 04.02.2008 No. 03-04-07-01/21).
In other words, if in 2015 an individual did not repay the debt on an interest-free loan or did not pay interest on an interest-bearing loan, and the decision to write off the debt was not made, then there is no taxable income (letter of the Ministry of Finance of Russia dated June 8, 2012 No. 03-04 -06/4-163).
But since 2016 the situation has changed dramatically.

- What changes have occurred in the taxation of income in the form of material benefits?
Since 2016, the date of receipt of income in the form of material benefits from savings on interest is recognized as the last day of each month during the period for which borrowed (credit) funds were provided (subclause 7 of clause 1 of Article 223 of the Tax Code of the Russian Federation as amended Federal Law dated 02.05.2015 No. 113-FZ). Within the meaning of these provisions, we are talking about a calendar day, since the wording on the date of occurrence of income indicates a specific calendar date and no additional calculation of the period within the meaning of paragraph 6 of Article 6.1 of the Tax Code of the Russian Federation is required.

-Let’s assume a situation where the loan is repaid on February 15...
Debt obligation may end (by execution, forgiveness of debt and other means) not on the last day of the month. But for such a situation, the Tax Code of the Russian Federation does not provide for the calculation of material benefits for the period from last day the elapsed month before the date of termination of the obligation. It turns out that if a loan, for example, was received on the first day of the month and repaid on the day preceding the last day of the month, the tax base is not determined.

How should personal income tax be calculated on material benefits if the date of payment of interest specified in the agreement does not coincide with the date of receipt of income by the taxpayer, in the event of overdue debt under the agreement or, conversely, in a situation where the agreement provides for the payment of interest at the end of the term?
Since 2016, the determination of the tax base for income in the form of material benefits does not depend on the timing of payment of interest under the agreement, including the presence of late payment. That is, according to personal income tax, the “accrual method” is applied to this type of income. This procedure applies regardless of the date of conclusion of the contract, as well as provided for by the agreement or the actual repayment period of interest on the loan (credit).
There are no transitional provisions for debt obligations arising before 2016 in the legislation. This means that the first date for receiving income in the form of material benefits from savings on interest for the use of borrowed funds under loan agreements, including loans and interest-free loans issued before 2016, is January 31, 2016, the second date is February 29, 2016 year, etc. on each last day of each month for the entire term of the loan.

- What can you recommend to an individual?
In some cases, it may be more convenient for an individual to agree to renew the loan (credit) agreement at new rates.
It should be taken into account that the key rate can currently change quite dynamically. Therefore, it is recommended that the contract does not specify a specific loan (credit) rate, but equates it to 2/3 of the key rate of the Central Bank. Having re-concluded the contract in this way before the last day of the month, the taxpayer, starting from the month of re-conclusion of the contract, does not pay tax on material benefits.

The organization decides to change the interest rate under the contract for the already expired period or forgive the employee’s loan debt. What about material benefits?
Amendments to the agreement can stop the accrual of interest on the loan or reduce interest rate. The parties have the right to extend the effect of the changes to the previous period. It turns out that as a result of such changes, the borrower is relieved of the obligation to pay accrued interest. Such terms of the agreement, applied to obligations that existed before its signing, are in the nature of debt forgiveness to the borrower.
Within the meaning of paragraph 1 of Article 210 of the Tax Code of the Russian Federation, writing off a debt may indicate receipt of income if an individual actually had an obligation to repay the debt (paragraph 8 of the Review of the practice of consideration by courts of cases related to the application of Chapter 23 of the Tax Code of the Russian Federation, approved by the Presidium Supreme Court RF 10/21/2015).
The individual borrower is relieved of the obligation to repay and has the opportunity to dispose of funds at his own discretion. Thus, income arises in the amount of the corresponding amount of forgiven interest (forgiven debt), subject to taxation at a rate of 13%.
Personal income tax previously calculated on material benefits is not recalculated.

And if after deadline the loan was never repaid? Which tax consequences will occur if the organization does not take measures to collect the debt from the employee?
After the deadline limitation period and writing off the debt from the balance sheet as bad, the employee will have income in the amount of the written off debt. This is stated in subparagraph 5 of paragraph 1 of Article 223 of the Tax Code of the Russian Federation.

Should personal income tax be calculated on material benefits if an individual’s debt under a loan (credit) agreement is recognized as bad and written off from the balance sheet if the debt is subsequently collected from the borrower?
A debt obligation may be terminated by fulfillment, offset, forgiveness of debt and other means, provided for by law(Chapter 26 of the Civil Code of the Russian Federation).
After writing off an individual’s bad debt in the prescribed manner from the organization’s balance sheet, income in the form of material benefits is not determined. The amount of debt written off will be recognized as income (except in cases of termination of the obligation by the death of a citizen).
If the debt is subsequently collected from the borrower or paid by him voluntarily, the tax agent must, in accordance with paragraph 1 of Article 231 of the Tax Code of the Russian Federation, inform the individual about the fact. excessive retention and submit updated information to the tax authority in Form 2-NDFL.
Moreover, if we assume that after the debt is written off, the use of funds ceases, then the subsequent payment of the debt by the borrower does not lead to the emergence of material benefits for the period from the date of write-off to the day of collection.

- At what tax rate is interest income taxed?
The amount of savings on interest received by a tax resident is taxed at a rate of 35% (clause 2 of Article 224 of the Tax Code of the Russian Federation). That is, if the taxpayer does not have the right to receive a property tax deduction, including if such a deduction was already provided to him earlier in connection with the acquisition of another property, his income received in the form of material benefits is subject to taxation at a rate of 35%.
The tax rate for tax non-residents is 30% (clause 3 of Article 224 of the Tax Code of the Russian Federation).

- How is tax withheld?
The organization that issued an interest-free loan or a loan with preferential rates is recognized as a tax agent. Therefore, the tax on the amount of material benefit must be calculated, withheld and transferred to the budget.
The material benefit is calculated on the date the taxpayer receives the income. The calculated amount of personal income tax is withheld directly from income upon actual payment.
An exception is the situation of receiving income in the form of material benefits from a bank by a person who is not its employee.

- What is the peculiarity of paying personal income tax on material benefits received when receiving a loan from a bank??
In relation to amounts of tax on income in the form of material benefits from savings on interest for use credit funds received by bank clients who are not its employees, the bank does not withhold and pay the calculated personal income tax amounts, including when paying other income, for example, interest on a deposit. Client-borrowers who are not bank employees pay personal income tax on the specified income based on the results tax period independently on the basis of a tax return.

- How long must tax be withheld on the material benefit of a loan?
On the last day of each month during the period for which the borrowed (credit) funds were provided, the organization may not pay income from which personal income tax could be withheld for material benefits. Therefore, the calculated amount of tax on income in the form of a material benefit must be withheld from the first subsequent income paid in cash. For example, the employing organization can do this when paying wages, but in an amount not exceeding 50% of the payment amount (clause 4 of Article 226 of the Tax Code of the Russian Federation).
The tax is transferred to budgets no later than the day following the day the income is paid.
If there is no payment of funds in 2016, then the tax agent should notify the taxpayer and the tax authority about the calculated but not withheld amount of tax no later than March 1, 2017 (clause 5 of Article 226 of the Tax Code of the Russian Federation).
Information about the income received by an individual must be reflected in a certificate in form 2-NDFL (approved by order of the Federal Tax Service of Russia dated October 30, 2015 No. ММВ-7-11/485@).
In such circumstances, the tax is paid by the individual independently in accordance with Articles 228 and 229 of the Tax Code of the Russian Federation.

What kind of mysterious material benefit that arises when receiving a loan, in what cases and how exactly does it arise, as well as what tax should be paid for it - we will analyze in this article.

How does it arise

Material benefit arises upon receipt interest-free loan, or if the rate on it is relatively low, not reaching two thirds of the refinancing rate.

If it is not made in rubles, then the threshold from which it is considered that the borrower receives a material benefit is 9% per annum. There are no material benefits from property loans - only monetary ones.

Material benefits from a loan arise if the borrower saves money on interest payments. That is, simply put, he pays too little. To prevent the borrower from feeling too good, he will have to pay 35% of the benefit he received in the state budget. This tax appeared due to too cunning businessmen - earlier, in the 90s, many companies avoided the fees by simply processing the salaries of their employees as interest-free loans. After the introduction of a personal income tax of 35%, it became impossible to save in this way.

How is it calculated

How to calculate material benefits? For this there is simple formulas, which we will consider. First of all, we note that material benefits are always calculated at the end of the month - on its last day (even if the loan was taken in the middle). Accordingly, the refinancing rate must be taken exactly relevant for that day. It is withheld after the loan is repaid, if it is repaid in full, but if it is repaid in parts, then the material benefit will need to be withheld each time the next part is returned.

The calculation of material benefits for an employee under an interest-free loan will be carried out using the following formula:

MV = 2/3 SR x SZ / 365 x t,

MB – material benefit, SR – refinancing rate, SZ – amount, t – period during which the borrowed funds were used, expressed in days.

Of the amount received (MV), it is necessary to pay 35% to the state treasury for tax residents of the Russian Federation, and 30% for non-residents.

Let's give an example of a calculation. The company gave the employee a demon interest-bearing loan in the amount of 120,000 for six months on January 1. Every month he must pay 20,000. In this case, the MV for the first payment at the end of January, with a refinancing rate of 9%, will be:

2/3 x 0.09 x 120,000 / 365 x 30 = 591.78 rubles.

The tax that needs to be paid will be equal to 35% of this number, that is, 591.78 x 0.35 = 207.12.

When making the second payment on February 28, you need to remember that 20,000 rubles have already been paid, which means that the amount of 120,000 - 20,000 = 100,000 will now appear. In addition, the refinancing rate should also change. In our case, it was 8.7%, and 2/3 of it was 5.8%. Since these are percentages, they will be represented in the formula as the number 0.058 (5.8 must be divided by 100). The calculation would be: 0.058 x 100,000 / 365 x 28 = 444.93 x 0.35 = 155.73.

And so on. If the payment is made after its expiration, the calculation for each month is still done separately, but the initial amount (120,000) in this case will remain the same everywhere. For February it will look like this:

0.058 x 120,000 / 365 x 28 = 533.92 x 0.35 = 186.87.

With an interest-bearing loan

If an interest-bearing loan is issued, the formula will change slightly and will look like this:

MV = (2/3 SR-SD) x SZ / 365 x t,

SD here is the contract rate.

Let us again illustrate the calculation with an example for clarity. The company issued a loan to the employee for a year in the amount of 200,000 at a rate of 2%. The refinancing rate is 9%, therefore, 2/3 of it is 6%. The rate at which the loan is provided is below this threshold, which means that the employee receives a material benefit under this loan agreement and must pay taxes from it to the state.

Let’s carry out the calculation for the same January as last time, considering that the loan was issued on January 1, and the calculation includes the last day of each month, therefore, the period included in the calculation is 30 days:

(2/3 x 0.09 – 0.02) x 200,000 / 365 x 30 = 657.53 x 0.35 = 230.14 rubles – amount to be paid.

Now let’s take the same amount from the example with an interest-free loan of 120,000 and the same February (with a refinancing rate of 8.7%) to understand what the difference will be:

(0.058 – 0.020) x 120,000 / 365 x 28 = 349.81 x 0.35 = 122.43 rubles.

When borrowing in foreign currency

Barrier rates for obtaining material benefits in in this case will be 9% - if the rate is lower, you will have to pay tax. When paying, income must be converted from the currency in which it was received into domestic currency. The amount is recalculated on the payment day at the current Central Bank rate.

Here is the formula for calculating MV for an interest-bearing loan in foreign currency:

MV = SZ x CV x (SR-SD) / 365 x t,

EF here is the exchange rate.

As an example, let’s perform the calculation for the same January. The currency will be the dollar, its exchange rate on January 31 will be 54.30 rubles per dollar. Amount – $3,000, contract rate – 4%.

3000 x 54.30 x (0.09 – 0.04) / 365 x 30 = 669.45 x 0.35 = 234.31 rubles will need to be paid as personal income tax.

With an interest-free loan, the formula will undergo slight changes:

MV = SZ x CV x 9% / 365 d. x t.

Let’s carry out a calculation in which all other inputs remain the same:

3000 x 54.30 x 0.09 / 365 x 30 = 1205.01 x 0.35 = 421.75 rubles.

As you can see, the tax burden in this case, it will be quite high - after all, these are payments for only one month, and for the entire period for which the loan was issued, you will receive impressive money - about five thousand rubles. Exact amount will depend on fluctuations in the Central Bank rate. The funds charged will be much smaller if part of the loan is repaid monthly.

A loan of $3,000 was issued for six months. If it was paid in full after this period, the total tax will be:

3000 x 54.30 x 0.09 / 365 x 183 = 7350.58 x 0.35 = 2572.70 rubles.

If it was paid in equal installments every month, then the amount will be different. To simplify, we assume that the Central Bank rate remained at the same level throughout the entire loan term - 9%, as well as the exchange rate (54.30). Then we get the following:

(3000 + 2500 + 2000 + 1500 +1000 + 500) / 6 x 54.30 x 0.09 / 365 x 183 = 4287.84 x 0.35 = 1500.74 rubles.

When you don't need to pay tax

The only exception in which there is no need to pay tax on material benefits when receiving a loan with low interest or interest-free is the case when this loan is issued for the purchase of housing, or its independent construction, as well as the purchase of a plot for construction.

It is necessary to obtain a document confirming the borrower's right to receive a deduction for this reason. Starting from the moment the borrower provides this document, he will no longer receive material benefits from the loan, and there will no longer be a need to pay personal income tax. It is from the moment that it is worth paying attention, that is, you need to provide documents just before taking out a loan, since during each payment, before they are provided, you will have to pay tax. Then it can be returned, but to do this you will have to write a return application.

Company responsibilities

If an organization issued funds to its employee without interest or with low percentage, she acts as his tax agent.

That is, it is she who is responsible for calculating the borrower’s material benefit and transferring it to the budget. This usually occurs by deducting this amount from the employee's salary, however, it cannot exceed half of the salary. The company must also maintain all relevant records and provide them to the tax authorities.

If tax payments exceed 50% of the employee’s salary, or it is impossible to withhold them for other reasons, the company is obliged to inform both the employee and the tax authorities about the situation, indicating the amount of income from which tax was not withheld, as well as the amount of remaining tax. After this, the obligation to complete personal income tax payment will fall on the shoulders of the taxpayer himself. Insurance premiums the amount of material benefits is not accrued.

If a company issued a loan to someone other than its employee, these responsibilities do not fall on it. IN accounting these loans are held in separate accounts because a loan to a non-employee is considered a financial investment.

Between legal entities

If the borrower is a legal entity, no tax should be paid, and the lending company should not pay VAT. The interest paid relates accordingly to non-operating expenses one company, and the income of another.

Material benefits are subject to personal income tax at rates regulated by the Tax Code of the Russian Federation. We will talk further about what constitutes a material benefit and at what rates, depending on the source of its formation, taxation is carried out.

Withholding personal income tax from material benefits

In order to determine at what rate material benefits are subject to personal income tax, it is necessary to find out what material benefits are and from what sources they are generated.

Income in the form of material benefits arises for the taxpayer on the following grounds (Article 212 of the Tax Code of the Russian Federation):

1. Saving on interest on borrowed funds received from an organization or entrepreneur.

Note! Since 2018, the conditions for taxation of this type of benefit have been adjusted.

1. Price difference upon purchase material assets at related parties(entrepreneurs, organizations) under civil contracts.
2. Price difference upon purchase valuable papers And financial instruments forward transactions.

Material benefits are subject to personal income tax at in full for all the reasons given. However, there are some peculiarities when obtaining savings on interest for using credit funds. Firstly, the following are not subject to taxation:

• Benefit in the form of an interest-free credit period using a bank card, received from a bank located in the Russian Federation.
• Interest savings when using loan funds for the construction or purchase of new housing (rooms, apartments, shares) or land plot for construction on the territory of the Russian Federation. This exception applies if the taxpayer has the right to a property deduction, which is confirmed by the tax authority (subclause 1, clause 1, article 212 of the Tax Code of the Russian Federation).
• Saving on interest when refinancing or refinancing loans for the purchase or construction of new housing (apartments, houses, rooms, shares) or land plots for the construction of residential buildings. Valid if there is a valid right to a property deduction, confirmed by the tax authority (subclause 1, clause 1, article 212 of the Tax Code of the Russian Federation).

If borrowed funds are provided not by a credit or banking institution, but by another enterprise, then the above savings occur personal income tax withholding on a general basis (letter of the Ministry of Finance of Russia dated October 28, 2010 No. 03-04-06/6-256).

Material benefit of personal income tax - 2019

IN Tax Code reflects the rates for taxation of material benefits with personal income tax in 2019. Thus, if an individual receives a material benefit, the personal income tax rate may be as follows:

1. For residents of the Russian Federation, a rate of 35% applies to the excess of the interest savings received from the tax agent over the value of 2/3 of the Bank of Russia refinancing rate on the date of receipt of income on loans in rubles and 9% per annum on loans in foreign currency.
2. For residents of the Russian Federation, a rate of 13% is established for amounts of material benefits on goods purchased from related parties and transactions with securities.
3. For non-residents there is a flat rate of 30% for all reasons for the occurrence of material benefits.

How to calculate material benefits based on interest?

This is the most common type of financial benefit, so we will show the tax calculation for it.

The procedure for calculating material benefits from savings on interest is prescribed in paragraph 2 of Art. 212 of the Tax Code of the Russian Federation.

Loan in rubles

If the loan was received in rubles, then the material benefit is calculated as the excess of the amount of interest for the use of borrowed (credit) funds expressed in rubles, calculated on the basis of two thirds current rate refinancing established by the Central Bank of the Russian Federation on the date of actual receipt of income, over the amount of interest calculated based on the terms of the agreement.

The calculation of material benefits received in rubles can be expressed by the formula:

MV = SZ × (2/3 × StCB - StZ) / DG × DZ,

MB - material benefit;

SZ - loan amount;

StCB - refinancing rate of the Central Bank of the Russian Federation on the date of receipt of income;

See the rate for different periods.

StZ - loan rate;

When calculating material benefits, the following must also be taken into account:

1. Material benefit is considered received on the last day of each month during the entire term of the loan agreement. That is, regardless of when interest is paid and whether it is payable according to the agreement, the material benefit is calculated monthly.

Until 2016, the date of receipt of the material benefit was considered the date of payment of interest, and if the loan was interest-free, then the material benefit was considered on the date of repayment of the loan.

It should be taken into account that if the loan was repaid not on the last day of the month, but on some other day, then the material benefit is still calculated on the last day of the month (see letter of the Ministry of Finance dated January 14, 2016 No. 03-04-06/636 ).

2. If within a certain month the loan was partially repaid, then the material benefit is calculated in 2 steps: on the date of repayment of the loan and on the last day of the month.

Loan in foreign currency

If the loan was received in foreign currency, then the material benefit is calculated as the excess of the amount of interest for the use of borrowed (credit) funds expressed in foreign currency, calculated on the basis of 9% per annum, over the amount of interest calculated on the basis of the terms of the agreement.

The calculation of material benefits received in foreign currency can be expressed by the formula:

MV = SZ × (9% - StZ) / DG × DZ,

MB - material benefit;

SZ - loan amount;

StZ - loan rate;

DG - number of days in a year: 365 or 366;

DZ - the number of days of using the loan, including interest-free.

Other nuances of personal income tax with financial benefits

Do not forget that the calculation of material benefits and the personal income tax calculated from it must be documented. For this purpose, an accounting certificate is drawn up.

REFERENCE: The material benefit from saving on interest is reflected in the 2-NDFL certificate under income code 2610.

At personal income tax calculation remember that income in the form of material benefits is not reduced by tax deductions (clause 4 of article 210 of the Tax Code of the Russian Federation).

The calculated personal income tax on material benefits must be withheld from the next payment to the borrower cash income. In this case, the total amount of personal income tax withheld cannot exceed 50% of the income paid. If the balance of personal income tax on material benefits remains unretained, then it must be withheld at next payment income. If this fails, at the end of the year the unwithheld tax must be reported to the tax certificate 2-NDFL with sign 2.

NOTE! Since 2016, calculated personal income tax, including on material benefits, cannot be withheld from payments that are not income. For example, personal income tax on material benefits cannot be withheld when compensating for overspending of accountable money by issuing a loan. Until 2016, personal income tax, including from material gain, could be withheld from any funds paid (clause 4 of article 226 of the Tax Code of the Russian Federation).

If personal income tax calculated on material benefits was withheld when paying vacation or sick pay, then the withheld tax on material benefits must be paid no later than the day of its payment, and the withheld tax on vacation or sick pay can be paid later, but no later than the last day of the month of their payment (clause 6 Article 226 of the Tax Code of the Russian Federation).

Example:

As of March 31, 2019, a material benefit was calculated in the amount of RUB 8,000. and personal income tax was calculated on material benefits in the amount of 2800 rubles. (8,000 × 35%). On April 4, 2019, vacation pay was calculated in the amount of 54,000 rubles, personal income tax on which is 7,020 rubles. (54,000 × 13%), and vacation pay was transferred to the employee minus the calculated personal income tax from vacation pay and financial assistance in the amount of 44,180 rubles. (54,000 - 7,020 - 2,800). Pay personal income tax on financial assistance in the amount of 2,800 rubles. You need to pay personal income tax on the amount of vacation pay in the amount of 7,020 rubles no later than April 5. required no later than April 30, 2019.

KBK personal income tax for material benefits in 2019 is as follows - 182 1 01 02010 01 1000 110.

Material benefits from savings on interest are not subject to insurance premiums.

Results

Material benefit is the income of an individual, subject to personal income tax in a special manner, using special tax rates. Tax must be calculated on each last day of the month. This is done by the tax agent. He also transfers the tax to the budget or informs the taxpayer and tax authorities about the impossibility of withholding.

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

What is material benefit?

Article 212 of the Tax Code of the Russian Federation The specifics of calculating income received in the form of material benefits have been established. IN paragraph 1 This article lists cases when it may occur:

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

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

3) purchasing securities at a price below the market price.

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

It is important not to confuse material benefits with income received in kind. They are taxed according to different rates personal income tax, but we’ll talk about this in more detail below. Examples of income in kind include partial or full payment by organizations or individual entrepreneurs for goods (work, services) or property rights (for example public utilities, food, rest, training), receipt by an individual of goods or performance of any work in his interests, provision of services free of charge.

Now let's look at each type of material benefit in detail.

Save on interest

This is one of the most common types of material benefits. According to pp. 1 item 2 art. 212 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 minimum size interest is 3/4 of the refinancing rate established by the Central Bank of Russia. Since December 26, 2005, it has been set at 12%, which means 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 lower, then the borrower receives income in the form of material benefits.

Example 1.

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

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

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

Thus, 100,000 rubles. will be at the disposal of an individual for 31 days (RUB 70,000 - 28 days and RUB 40,000 - 31 days). Based on this, the material benefit for January will be 424.66 rubles. (RUB 100,000 x 5% / 365 days x 31 days), for February – RUB 268.49. (RUB 70,000 x 5% / 365 days x 28 days), for March – RUB 169.86. (RUB 40,000 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. (RUB 863.01 x 35%).

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

Example 2.

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 purchase an apartment. The loan was returned 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 ( pp. 2 p. 2 art. 212 Tax Code of the Russian Federation).

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

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

In accounting, loans issued by an organization to its employees are reflected in the debit of account 73-1 “Settlements with personnel for other operations”, subaccount “Settlements on loans provided”. If the borrower is a third party, then account 58-3 is used “ Financial investments", sub-account "Loans provided". Interest is deducted from the employee by debiting account 70 “Settlements with personnel for wages” and crediting 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 purchasing goods on credit have recently become particularly popular. Usually the amount of interest on them is at least 9%. At the same time, there are also interest-free credit programs. As a rule, they are provided in cases of purchasing an expensive product, subject to a down payment of 30% and repayment of the loan within six months or a year.

Example 3.

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

Please note that including interest in the price of an item will not affect the amount of income or tax. This is due to the fact that such actions are not reflected in the purchase and sale agreement and loan agreement. There are also cases when the loan provided by the bank is not interest-free, but the seller himself pays the interest for the buyer. In this case, income in kind arises.

Exceptions to the rules

Material benefits do not appear in cases of obtaining loans from sources other than legal entities or individual entrepreneurs, for example from state authorities or local government. In particular, the Ministry of Finance of the Russian Federation explained that if forced migrants receive an interest-free loan on a repayable basis for the purchase of housing, financing is provided from the federal budget. In this regard, income in the form of material benefits and, therefore, the object personal income tax taxes doesn't appear ( Letter of the Ministry of Finance of the Russian Federation dated September 16, 2005 No. 03-05-01-03/90).

In addition, material benefits do 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 ( pp. 1 clause 1 art. 212 Tax Code of the Russian Federation). In this case, an important condition is to repay 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 October 5, 2005 No. 03-05-01-04/286). This rule also applies to the provision of a loan to the holder payment card if there are insufficient or absent funds in his bank account - overdraft ( Letter of the Ministry of Finance of the Russian Federation dated November 10, 2005 No. 03-00-10/40).

Accountable Funds as a Hidden Form of Loan

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

The point is that when tax audits inspectors may classify the provision of reporting as an attempt to disguise the loan agreement ( Resolution of the Federal Antimonopoly Service No. F03-A51/03-2/2720 dated December 24, 2003). In cases of complete expenditure of accountable amounts, representatives of the tax service are unlikely to have such questions. If the money is not completely spent, then everything will depend on how large the balance of the refunded amounts is and how often this happens. Situations when amounts are returned completely unspent are the most ambiguous, and the inspector’s decision may also depend on how often they occur, as well as on the purposes for which the money was issued on account. For example, if an employee is unable to purchase a rare product that is in high demand, this is a valid 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 an employee’s business trip. According to clause 11 of the Procedure cash transactions in the Russian Federation, approved By letter of the Central Bank of Russia dated 04.10.93 No. 18, the issuance of cash on account for expenses associated with business trips is made within the limits of the amounts due to business travelers. For example, if, based on the results of a business trip, out of 50,000 rubles issued. If only 10,000 rubles have been spent, then it is necessary, if possible, to justify in detail the amount issued to the seconded employee with an accounting statement and calculation.

And the last case when it is possible to qualify a report as a loan: issuing amounts against a report in order to avoid exceeding the cash limit in the organization’s cash desk. Money is usually issued for one day and returned in full.

In all the situations considered, an organization can protect itself in the following way. Firstly, the amounts accountable are not a loan, since according to Art. 807 Civil Code of the Russian Federation under a loan agreement cash 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, the loan agreement itself is missing, whereas according to Art. 808 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 his own discretion, and the accountable amounts can be spent exclusively for the purposes specified in the order.

Who pays personal income tax?

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

If borrowed funds are received by an individual under a loan agreement concluded with a Russian organization - the source of his income, according to which it is recognized as a tax agent, then the borrower, in agreement with this organization, has the right to transfer to it his powers to calculate the tax base and the amount due personal income tax payment. 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 dated December 24, 2004 No. 04-3-01/928).

According to the Ministry of Finance of the Russian Federation, when a taxpayer receives the specified income, an organization (individual entrepreneur) on the basis Art. 226 Tax Code of the Russian Federation is recognized as a tax agent regardless of the borrower’s requests 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 the appropriate amount of tax to the budget ( letters of the Ministry of Finance of the Russian Federation dated November 14, 2005 No. 03-05-01-04/356, 21.11.05 № 03-05-01-04/365 ).

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

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

If the lender is not the source of payment of any other income to an individual, then he cannot withhold and transfer personal income tax. According to clause 5 art. 226 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, within one month from the moment such a circumstance arises, to notify in writing about this to the tax authority at the place of his registration.

In this case, the taxpayer carries out the calculation and payment of personal income tax independently on the basis of pp. 4 paragraphs 1 art. 228 Tax Code of the Russian Federation in the manner provided for in this article ( Letter of the Federal Tax Service of the Russian Federation No. 04-3-01/928, clause 2 of Letter of the Ministry of Finance of the Russian Federation dated July 12, 2005 No. 03-05-01-04/232).

Selling goods to an employee

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

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

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

If a product (work, service) is sold that the organization is not involved in selling, then the comparison should be based on the price of identical and homogeneous goods ( pp. 6,7 tbsp. 40 Tax Code of the Russian Federation). In any case, if the inspectorate decides to charge additional personal income tax on such material benefits, then it will have to prove the interdependence in court.

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

Purchase of securities

If the actual expenses of an individual for the acquisition of securities turn out to be lower than their market price, then such a difference will also be a material benefit ( pp. 3 p. 1, clause 4 art. 212 Tax Code of the Russian Federation). In this case, the market value of the securities is determined in the manner established Resolution of the FC Central Bank No. 03-52/ps, taking into account the maximum limit for fluctuations in their prices - 20% upward or downward. It should be noted that this document deals only with issue-grade securities, that is, those traded on the organized market. Special order determination of the market price of securities not traded on it (for example, bills of exchange) is not established by law. 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 ( pp. 3 p. 1 art. 223 Tax Code of the Russian Federation). When calculating the tax base for the specified income market value securities, according to the Ministry of Finance of the Russian Federation, should be determined on the date of the transaction, since it was on this day that the buyer made the decision to complete it ( Letter of the Ministry of Finance of the Russian Federation dated January 26, 2005 No. 03-05-01-04/11). Tax on such material benefits 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 Central Bank RF (9% per annum - on foreign currency loans), these individuals generate income in the form of material benefit . Let us consider the procedure for taxation of 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 in kind, or the right to dispose of which he has acquired, as well as income in the form of material benefits, determined in accordance with Article 212 of the Tax Code of the Russian Federation.

According to paragraphs. 1 clause 1 art. 212 of the Tax Code of the Russian Federation, taxpayer income in the form of material benefits is material benefit received from saving 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 transactions with bank cards during the interest-free period established in the agreement on the provision of a bank card;

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

3) material benefits received from savings on interest for the use of borrowed (credit) funds provided by banks located on 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 established by the Central Bank of the Russian Federation on the date of actual receipt of income , over the amount of interest calculated based on the terms of the agreement;

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

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

When determining the tax base for income in the form of material benefits for the use interest-free loan , the dates of receipt of income are actual return dates borrowed money (Letter from the Ministry of Finance of the Russian Federation dated February 27, 2012 N 03-04-05/9-223). In this case, the agreement may provide for the repayment of an interest-free loan (credit) at any frequency (for example, one-time, monthly or quarterly, etc.).

Tax rate

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

If tax 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 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 obliged 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 Tax Code of the Russian Federation tax agents are obliged to withhold the accrued amount of tax directly from any income of the taxpayer upon their actual payment to the taxpayer himself or on his behalf to third parties. In this case, the withheld tax amount cannot exceed 50% of the payment amount.

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

An organization can withhold personal income tax only if it is the taxpayer's employer.

Otherwise, the organization, in accordance with clause 5 of Art. 226 of the Tax Code of the Russian Federation, it is necessary, no later than one month from the end of the tax period in which the relevant circumstances arose, to inform the taxpayer and the tax authority at the place of registration in writing about the impossibility of withholding the tax and the amount of the tax. Form of message and order of its submission approved by Order Federal Tax Service of Russia dated November 17, 2010. N ММВ-7-3/611@ (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 in electronic format, reference books". In this case, 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 the corresponding tax return to the tax authority at the place of registration no later than April 30 of the year following the expired tax period.

Example 1.

Calculation of personal income tax on 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 repaid the loan and also paid interest in the amount of RUB 2,005.48. (Calculation: RUB 100,000 x 4% / 365 days x 183 days = RUB 2,005.48). The refinancing rate on the date of interest payment is 8.25% (Instruction of the Bank of Russia dated September 13, 2012 N 2873-U “On the amount of the refinancing rate of the Bank of Russia”).

100,000 rub. x (2/3 x 8.25% - 4%) / 365 days. x 183 days =752.05 rub.

RUB 752.05 x 35% = 263 rub.

Example 2.

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

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

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

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

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

Personal income tax on material benefits will be:

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

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. For this purpose, 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 on 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. According to the terms of the agreement, the loan must be repaid 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 frame. The refinancing rate on the loan repayment dates is 8.25%.

Let's calculate the material benefit from saving on interest on the loan and the corresponding personal income tax amounts:

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 rub. Personal income tax will be: 467.12 rubles. x 30% = 140 rub.

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

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

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