material gain 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 bank card;

At the time of entry into force of this norm, the Regulation of the Bank of Russia dated April 9, 1998 N 23-P "On the Procedure for Issuing Bank Cards by Credit Institutions and Making Settlements for Operations Made with Their Use" (hereinafter - Regulation N 23-P) was in force. According to clause 3.1 of Regulation N 23-P under " credit card"any bank card is recognized that allows its holder to make payments at the expense of a loan provided by the issuer (provided by the issuer credit line), while " payment card"allows its holder to make settlements only at the expense of the funds in his bank account. Based on these concepts, the State Duma of the Russian Federation of December 22, 2004 made appropriate changes to subparagraph 1 of paragraph 1 of Article 212 of the Code.

CHAPTER 3.5. TAXPAYERS - PARTICIPANTS OF SPECIAL INVESTMENT CONTRACTS (introduced by Federal Law No. 269-FZ of August 2, 2019)

Chapter 4. REPRESENTATION IN RELATIONS REGULATED BY THE LEGISLATION ON TAXES AND FEES

Section III. TAX AUTHORITIES. CUSTOMS. FINANCIAL AUTHORITIES. BODIES OF THE INTERNAL AFFAIRS. INVESTIGATING AUTHORITIES. RESPONSIBILITY OF TAX AUTHORITIES, CUSTOMS AUTHORITIES, INTERNAL AFFAIRS AUTHORITIES, INVESTIGATING AUTHORITIES, THEIR OFFICIALS 004 N 58-FZ, dated December 28, 2010 N 404-FZ)

Chapter 5. TAX AUTHORITIES. CUSTOMS. FINANCIAL AUTHORITIES. RESPONSIBILITY OF TAX AUTHORITIES, CUSTOMS AUTHORITIES AND THEIR OFFICIALS
Chapter 6. BODIES OF THE INTERNAL AFFAIRS. INVESTIGATING AUTHORITIES (as amended by Federal Laws No. 86-FZ of 30.06.2003, No. 404-FZ of 28.12.2010)

Section IV. GENERAL RULES FOR THE FULFILLMENT OF THE OBLIGATION TO PAY TAXES, FEES, INSURANCE PREMIUMS (as amended by Federal Law No. 243-FZ of July 3, 2016)

Chapter 7. OBJECTS OF TAXATION
Chapter 8. PERFORMANCE OF THE OBLIGATION TO PAY TAXES, FEES AND INSURANCE PREMIUMS
Chapter 10
Chapter 11
Chapter 12

Section V. TAX DECLARATION AND TAX CONTROL

Chapter 13. TAX DECLARATION
Chapter 14. TAX CONTROL

Chapter 14.1. RELATED PERSONS. PROCEDURE FOR DETERMINING THE SHARE OF PARTICIPATION OF ONE ORGANIZATION IN ANOTHER ORGANIZATION OR AN INDIVIDUAL IN THE ORGANIZATION
Chapter 14.2. GENERAL PROVISIONS ON PRICES AND TAXATION. INFORMATION USED IN COMPARISONING THE TERMS OF TRANSACTIONS BETWEEN RELATED PARTIES WITH THE TERMS OF TRANSACTIONS BETWEEN PERSONS NOT RELATED
Chapter 14.3. METHODS USED IN DETERMINATION FOR TAX PURPOSES OF INCOME (PROFIT, REVENUE) IN TRANSACTIONS TO WHICH RELATED PARTIES ARE PARTIES
Chapter 14.4. CONTROLLED TRANSACTIONS. PREPARATION AND SUBMISSION OF DOCUMENTATION FOR THE PURPOSE OF TAX CONTROL. NOTICE OF CONTROLLED TRANSACTIONS
Chapter 14.4-1. SUBMISSION OF DOCUMENTATION FOR INTERNATIONAL GROUPS OF COMPANIES (introduced by Federal Law No. 340-FZ of November 27, 2017)
Chapter 14.5. TAX CONTROL IN CONNECTION WITH TRANSACTIONS BETWEEN RELATED PARTIES
Chapter 14.6. PRICING AGREEMENT FOR TAX PURPOSES

Section V.2. TAX CONTROL IN THE FORM OF TAX MONITORING (introduced by Federal Law No. 348-FZ of November 4, 2014)

Chapter 14.7. TAX MONITORING. REGULATIONS OF INFORMATION INTERACTION
Chapter 14.8. PROCEDURE FOR TAX MONITORING. MOTIVATED OPINION OF THE TAX AUTHORITY

Section VI. TAX VIOLATIONS AND LIABILITY FOR THEIR COMPLETION

Chapter 15. GENERAL PROVISIONS ON LIABILITY FOR TAX OFFENSES
Chapter 16. TYPES OF TAX VIOLATIONS AND RESPONSIBILITY FOR THEIR COMPLETION
Chapter 17. COSTS ASSOCIATED WITH THE IMPLEMENTATION OF TAX CONTROL
Chapter 18

Section VII. APPEALING ACTS OF TAX AUTHORITIES AND ACTION OR INACTION OF THEIR OFFICIALS

Chapter 19
Chapter 20. CONSIDERATION OF A COMPLAINT AND DECISION ON IT

SECTION VII.1. IMPLEMENTATION OF INTERNATIONAL TREATIES OF THE RUSSIAN FEDERATION ON TAXATION AND MUTUAL ADMINISTRATIVE ASSISTANCE IN TAX MATTERS (introduced by Federal Law of November 27, 2017 N 340-FZ)

Chapter 20.1. AUTOMATIC EXCHANGE OF FINANCIAL INFORMATION
Chapter 20.2. INTERNATIONAL AUTOMATIC EXCHANGE OF COUNTRY REPORTS IN ACCORDANCE WITH THE INTERNATIONAL AGREEMENTS OF THE RUSSIAN FEDERATION (introduced by Federal Law No. 340-FZ of November 27, 2017)
Chapter 20.3. MUTUALLY AGREED PROCEDURE IN ACCORDANCE WITH THE INTERNATIONAL TAXATION TREATMENT OF THE RUSSIAN FEDERATION (introduced by Federal Law No. 325-FZ of September 29, 2019)

PART TWO

Section VIII. FEDERAL TAXES
- Chapter 21. VALUE ADDED TAX
- Chapter 22. EXCISES
- Chapter 23. TAX ON INCOME OF INDIVIDUALS
- Chapter 24. UNIFIED SOCIAL TAX (ARTICLES 234 - 245) Repealed from January 1, 2010. - Federal Law of July 24, 2009 N 213-FZ.
- Chapter 25. TAX ON INCOME OF ORGANIZATIONS
- Chapter 25.1. FEES FOR THE USE OF ANIMAL WORLD OBJECTS AND FOR THE USE OF WATER BIOLOGICAL RESOURCES OBJECTS (introduced by Federal Law No. 148-FZ of November 11, 2003)
- Chapter 25.2. WATER TAX (introduced by Federal Law No. 83-FZ of July 28, 2004)
- Chapter 25.3. STATE DUTIES (introduced by Federal Law No. 127-FZ of November 2, 2004)
- Chapter 25.4. TAX ON ADDITIONAL INCOME FROM THE PRODUCTION OF RAW HYDROCARBONS (introduced by Federal Law No. 199-FZ of July 19, 2018)
- Chapter 26. TAX ON EXTRACTION OF MINERAL RESOURCES
Section VIII.1. SPECIAL TAX REGIME (introduced by Federal Law No. 187-FZ of December 29, 2001)
- Chapter 26.1. TAXATION SYSTEM FOR AGRICULTURAL PRODUCERS (SINGLE AGRICULTURAL TAX) (as amended by Federal Law No. 147-FZ of November 11, 2003)
- Chapter 26.2. SIMPLIFIED TAXATION SYSTEM (introduced by Federal Law No. 104-FZ of July 24, 2002)
- Chapter 26.3. TAXATION SYSTEM IN THE FORM OF A SINGLE TAX ON IMPUTED INCOME FOR CERTAIN TYPES OF ACTIVITIES (introduced by Federal Law No. 104-FZ of July 24, 2002)
- Chapter 26.4. TAXATION SYSTEM FOR THE IMPLEMENTATION OF PRODUCT SHARED AGREEMENTS (introduced by Federal Law No. 65-FZ of June 6, 2003)
- Chapter 26.5. PATENT TAXATION SYSTEM (introduced by Federal Law No. 94-FZ of June 25, 2012)
Section IX. REGIONAL TAXES AND FEES (introduced by Federal Law No. 148-FZ of November 27, 2001)
- Chapter 27. SALES TAX (ARTICLES 347 - 355) Repealed. - Federal Law of November 27, 2001 N 148-FZ.
- Chapter 28. TRANSPORT TAX
- Chapter 29. TAX ON GAMBLING BUSINESS
- Chapter 30. TAX ON PROPERTY OF ORGANIZATIONS
Section X. LOCAL TAXES AND FEES (as amended by Federal Law No. 382-FZ of 29 November 2014)
- Chapter 31. LAND TAX
- Chapter 32. TAX ON PROPERTY OF INDIVIDUALS
- Chapter 33
Section XI. INSURANCE PREMIUM IN THE RUSSIAN FEDERATION (introduced by Federal Law No. 243-FZ of July 3, 2016)
- Chapter 34. INSURANCE PREMIUM

Article 212 of the Tax Code of the Russian Federation. Features of determining the tax base when receiving income in the form of material benefits

1. The taxpayer's income received in the form of material benefit is:

1) unless otherwise provided by this subparagraph, the material benefit received from savings on interest for the taxpayer's use of borrowed (credit) funds received from organizations or individual entrepreneurs, with the exception of:

material benefits 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;

material benefits received from savings on interest for the use of borrowed (credit) funds provided for new construction or the acquisition on 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 acquired residential buildings, or shares (shares) in them;

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 new construction or the acquisition of a residential building, apartment on the territory of the Russian Federation , rooms or shares (shares) in them, land plots provided for individual housing construction, and land plots on which the acquired residential buildings are located, or shares (shares) in them.

The material benefit referred to in third paragraph And fourth of this subparagraph, is exempt from taxation, provided that the taxpayer has the right to receive property tax deduction established subparagraph 3 of paragraph 1 of Article 220 of this Code, confirmed by the tax authority in the manner prescribed paragraph 8 of article 220 of this Code.

ConsultantPlus: note.

Abs. 6 - 8 paragraphs. 1 clause 1 shall apply starting from 2018, regardless of the date of conclusion of the loan (credit) agreement, including under agreements concluded before 01/01/2018 (LetterFederal Tax Service of Russia dated 02.07.2018 N BS-4-11 / [email protected]).

Material benefit received from savings on interest for the taxpayer's use of borrowed (credit) funds (with the exception of the material benefit specified in second paragraph - fourth of this subparagraph) is recognized as the taxpayer's income received in the form of material benefit, provided that at least one of the following conditions is met in relation to such savings:

relevant borrowed (credit) funds received by the taxpayer from an organization or individual entrepreneur, which are recognized as related person taxpayer or with whom the taxpayer has an employment relationship;

such savings are actually financial assistance or a form of reciprocal fulfillment by an organization or an individual entrepreneur of an obligation to a taxpayer, including payment (remuneration) for goods supplied by the taxpayer (work performed, services rendered).

ConsultantPlus: note.

Not recognized as taxpayer's income received in the form of material benefit, material benefit received from savings on interest for the use of borrowed (credit) funds during grace period set in accordance with article 6.1-1 federal law dated December 21, 2013 N 353-FZ "On consumer credit(loan)";

2) material benefit received from the acquisition of goods (works, services) in accordance with civil law contract at individuals, organizations and individual entrepreneurs that are interdependent in relation to the taxpayer;

3) material benefit received from the acquisition valuable papers, derivatives financial instruments, except for the securities specified in paragraph 25 of article 217 of this Code, in case of their acquisition during the initial placement by the issuer and securities purchased from a controlled foreign company recognized taxpayer controlling person such a foreign company, as well as a Russian related person of such a controlling person, provided that the income of such a controlled foreign company from the sale of these securities and expenses in the form of the purchase price of securities are excluded from the profit (loss) of this foreign company on the basis of paragraph 10 of article 309.1 of this Code.

2. When a taxpayer receives income in the form of a material benefit specified in subparagraph 1 of paragraph 1 this article, 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 two-thirds of the current refinancing rates established central bank Russian Federation on the date of actual receipt by the taxpayer 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 of 9 percent per annum, over the amount of interest calculated on the basis of the terms of the contract.

Determination of the tax base upon receipt of income in the form of material benefits received from savings on interest upon receipt of borrowed (credit) funds, calculation, deduction and transfer of tax are carried out tax agent in the manner prescribed by this Code.

3. When a taxpayer receives income in the form of a material benefit specified in subparagraph 2 of paragraph 1 of this article, the tax base is defined as the excess of the price identical (homogeneous) goods (works, services) sold by persons who are interdependent in relation to the taxpayer, in normal conditions persons who are not interdependent, over the sales prices of identical (homogeneous) goods (works, services) to the taxpayer.

4. When a taxpayer receives income in the form of a material benefit specified in subparagraph 3 of paragraph 1 of this article, the tax base is defined as the excess market value securities, derivative financial instruments over the amount actual expenses taxpayer for their acquisition.

For the purposes of this article, the cost of acquiring securities that are the underlying asset of an option contract includes the amounts paid to the seller for securities in accordance with such a contract, as well as the amount of premium and variation margin paid under option contracts.

Material benefit does not arise when a taxpayer acquires securities under the first or second part REPO subject to the fulfillment by the parties of obligations under the first and second parts of the REPO, as well as in the case of a duly executed termination of obligations on the first or second part of the REPO on grounds other than proper execution, including the offset of similar counterclaims arising from another REPO transaction.

The market value of securities circulating on the organized securities market is determined based on their market price taking into account the limiting limit of its fluctuations, unless otherwise provided by this article.

The market value of securities not circulating on the organized securities market is determined on the basis of the settlement price of securities, taking into account the marginal limit of its fluctuations, unless otherwise provided by this article.

The market value of securities circulating and not circulating on the organized securities market is determined as of the date of the transaction.

Order for determining the market price of securities, the settlement price of securities, as well as the procedure for determining the maximum limit for market price fluctuations, are established for the purposes of this chapter by the Central Bank of the Russian Federation in agreement with the Ministry of Finance of the Russian Federation, subject to the provisions of this paragraph.

Estimated price investment share of a closed-end investment fund (interval unit investment fund) not traded on the organized securities market, the last estimated value of the investment unit determined by management company carrying out trust management property constituting the relevant unit investment fund, in accordance with legislation Russian Federation about investment funds, without taking into account the marginal limit of fluctuations in the settlement price of securities.

The market value of an investment unit of a unit investment fund (circulated and not traded on the organized securities market), in the event of its acquisition from a management company exercising trust management of property constituting the corresponding unit investment fund, is recognized as the last estimated value of the investment unit, determined by the specified management company in accordance with with the legislation of the Russian Federation on investment funds, without taking into account the maximum limit of fluctuations in the market or settlement price of securities.

If in accordance with legislation of the Russian Federation on Investment Funds, the issuance of an investment unit of a unit investment fund limited in circulation is carried out not at the estimated value of the investment unit, the market value of such an investment unit is the amount of funds for which one investment unit is issued and which is determined in accordance with the rules of trust management of the unit investment fund, without taking into account the limit of fluctuations.

The market value of the investment share of an open-end mutual investment fund is the last estimated value of the investment share, determined by the management company that carries out trust management of the property constituting the corresponding open-end investment fund, in accordance with the legislation of the Russian Federation on investment funds, without taking into account the marginal limit for fluctuations in the market price of securities .

The market value of derivative financial instruments circulating on an organized market is determined in accordance with paragraph 1 of Article 305 of this Code.

The market value of derivative financial instruments not traded on an organized market is determined in accordance with paragraph 2 of Article 305 of this Code.

1. The taxpayer's income received in the form of material benefit is:

1) material benefit received from savings on interest for the taxpayer's use of borrowed (credit) funds received from organizations or individual entrepreneurs, with the exception of:

material benefits 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;

The material benefit specified in paragraphs three and four of this subparagraph shall be exempt from taxation, provided that the taxpayer has the right to receive a property tax deduction established by subparagraph 3 of paragraph 1 of Article 220 of this Code, confirmed by the tax authority in the manner prescribed by paragraph 8 of Article 220 of this Code ;

2) material benefit received from the acquisition of goods (works, services) in accordance with a civil law contract from individuals, organizations and individual entrepreneurs who are interdependent in relation to the taxpayer;

3) material benefit received from the acquisition of securities, financial instruments futures deals.

2. When a taxpayer receives income in the form of material benefit specified in subparagraph 1 of paragraph 1 of this article, the tax base is determined as:

1) 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 by the taxpayer of income, over the amount of interest calculated on the basis of the terms of the agreement;

2) the excess of the amount of interest for the use of borrowed (credit) funds, expressed in foreign currency, calculated on the basis of 9 percent per annum, over the amount of interest calculated on the basis of the terms of the contract.

Determination of the tax base upon receipt of income in the form of material benefit received from savings on interest upon receipt of borrowed (credit) funds, calculation, withholding and transfer of tax are carried out by the tax agent in the manner prescribed by this Code.

3. When a taxpayer receives income in the form of a material benefit specified in subparagraph 2 of paragraph 1 of this article, the tax base is determined as the excess of the price of identical (homogeneous) goods (works, services) sold by persons who are interdependent in relation to the taxpayer, under normal conditions persons who are not interdependent, over the sales prices of identical (homogeneous) goods (works, services) to the taxpayer.

4. When a taxpayer receives income in the form of a material benefit specified in subparagraph 3 of paragraph 1 of this article, the tax base is determined as the excess of the market value of securities, financial instruments of forward transactions over the amount of the taxpayer's actual expenses for their acquisition.

Material benefit does not arise when a taxpayer purchases securities under the first or second part of the REPO, provided that the parties fulfill their obligations under the first and second parts of the REPO, as well as in the event of a duly formalized termination of obligations under the first or second part of the REPO on grounds other than proper performance, including the offset of similar counterclaims arising from another REPO operation.

The market value of securities circulating on the organized securities market is determined on the basis of their market price, taking into account the marginal limit of its fluctuations, unless otherwise provided by this article.

The market value of securities circulating and not circulating on the organized securities market is determined as of the date of the transaction.

The procedure for determining the market price of securities, the settlement price of securities, as well as the procedure for determining the maximum limit for market price fluctuations are established for the purposes of this Chapter by the Central Bank of the Russian Federation in agreement with the Ministry of Finance of the Russian Federation, taking into account the provisions of this paragraph.

The settlement price of an investment unit of a closed-end investment fund (interval unit investment fund) not traded on the organized securities market is the last estimated value of the investment unit, determined by the management company exercising trust management of the property constituting the corresponding unit investment fund, in accordance with the legislation of the Russian Federation on investment funds, without taking into account the marginal limit of fluctuations in the settlement price of securities.

If, in accordance with the legislation of the Russian Federation on investment funds, the issuance of an investment unit of a mutual investment fund limited in circulation is carried out not at the estimated value of the investment unit, the market value of such an investment unit is recognized as the amount of funds for which one investment unit is issued and which is determined in accordance with with the rules of trust management of a mutual investment fund, without taking into account the limit of fluctuations.

The market value of financial instruments of futures transactions circulating on the organized market is determined in accordance with paragraph 1 of Article 305 of this Code.

The market value of financial instruments of futures transactions not circulating on the organized market is determined in accordance with paragraph 2 of Article 305 of this Code.

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We suggest that you familiarize yourself with Article 212 of the Tax Code of the Russian Federation, Chapter 23 "Peculiarities of determining the tax base when receiving income in the form of material benefits." The information is current for 2016. If you think that Article 212 of the Tax Code of the Russian Federation is outdated and not relevant, please write to the editors of the site using the form

tax code, N 117-FZ | Art. 212 Tax Code of the Russian Federation

Article 212 of the Tax Code of the Russian Federation. Features of determining the tax base when receiving income in the form of material benefits ( current edition)

1. The taxpayer's income received in the form of material benefit is:

The material benefit received from savings on interest for the use of borrowed (credit) funds by the taxpayer (with the exception of the material benefit specified in paragraphs two to four of this subparagraph) is recognized as income of the taxpayer received in the form of material benefit, subject to such savings at least one of the following conditions:

appropriate borrowed (credit) funds received by the taxpayer from an organization or individual entrepreneur, which are recognized as an interdependent person of the taxpayer or with which the taxpayer has an employment relationship;

such savings are actually material assistance or a form of reciprocal fulfillment by an organization or an individual entrepreneur of an obligation to a taxpayer, including payment (remuneration) for goods supplied by the taxpayer (work performed, services rendered).

Not recognized as taxpayer income received in the form of material benefit, material benefit received from savings on interest for the use of borrowed (credit) funds during the grace period established in accordance with Article 6.1-1 of the Federal Law of December 21, 2013 N 353-FZ "On consumer credit (loan)";

3) material benefit received from the acquisition of securities, derivative financial instruments, with the exception of the securities specified in paragraph 25 of Article 217 of this Code, in the event of their acquisition during the initial placement by the issuer and securities acquired from a controlled foreign company by a taxpayer recognized as controlling a person of such a foreign company, as well as a Russian related person of such a controlling person, provided that the income of such a controlled foreign company from the sale of these securities and expenses in the form of the purchase price of securities are excluded from the profit (loss) of this foreign company on the basis of paragraph 10 of Article 309.1 of this Code.

2. When a taxpayer receives income in the form of material benefit specified in subparagraph 1 of paragraph 1 of this article, the tax base is determined as:

1) the excess of the amount of interest for the use of borrowed (credit) funds denominated in rubles, calculated on the basis of two-thirds of the current refinancing rate established by the Central Bank of the Russian Federation on the date the taxpayer actually receives income, over the amount of interest calculated on the basis of the terms of the agreement;

4. When a taxpayer receives income in the form of a material benefit specified in subparagraph 3 of paragraph 1 of this article, the tax base is determined as the excess of the market value of securities, derivative financial instruments over the amount of the taxpayer's actual expenses for their acquisition.

The market value of securities circulating and not circulating on the organized securities market is determined as of the date of the transaction.

The market value of derivative financial instruments circulating on the organized market is determined in accordance with paragraph 1 of Article 305 of this Code.

The market value of derivative financial instruments not circulating on an organized market is determined in accordance with paragraph 2 of Article 305 of this Code.

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Commentary on Art. 212 Tax Code of the Russian Federation

1. The specifics of the rules of paragraph 1 of Art. 212 is that they exhaustively (that is, this list cannot be expanded) provide for the types of material benefits (for the purposes of taxation by personal income tax). These include:

1) material benefit received from savings on interest for the use of borrowed funds by the taxpayer, incl. credit funds. In this case, the following circumstances should be taken into account:

a) the lender (i.e. the person who provided the taxpayer with borrowed funds) may be:

Any individual or any organization (not being a bank or other credit organization) having the status of a legal entity that has entered into a loan agreement with a taxpayer (borrower) (under this agreement, one party (lender) transfers money or other things to the ownership of the other party (borrower) , defined by generic characteristics, and the borrower undertakes to return to the lender the same amount of money (loan amount) or an equal amount of other things received by him of the same kind and quality.The loan agreement is considered concluded from the moment the money or other things are transferred.Foreign currency and currency values may be the subject of a loan agreement on the territory of the Russian Federation in compliance with the rules of Art. 140, 141, 317 of the Civil Code (Article 807 of the Civil Code).

Unless otherwise provided by law or the loan agreement, the lender has the right to receive interest from the borrower on the amount of loans in the amount and in the manner specified in the agreement. If there are no conditions in the agreement on the amount of interest, their amount is determined by the existing place of residence of the lender (and if the lender is legal entity, at its location) the refinancing rate (as long as it is the same for the entire Russian Federation) on the day the borrower pays the amount of the debt or its corresponding part. Unless otherwise agreed (in the loan agreement), interest is paid monthly, until the day the loan amount is returned (clauses 1, 2, article 807 of the Civil Code). A loan agreement is considered interest-free (unless it expressly provides otherwise) in the following cases: when the agreement is concluded between citizens for an amount not exceeding 50 minimum wages . 5 of the Law on the Minimum Wage), and is not related to the implementation entrepreneurial activity at least one of the parties; when, under an agreement, the borrower is transferred not money, but other things defined by generic characteristics (paragraph 3 of article 809 of the Civil Code). However, in subparagraph 1 of paragraph 1 of Art. 212 refers to both cases of granting a loan under interest-free loan agreements, and cases when interest must be accrued under a loan agreement;

Bank (or other credit organisation if the provision of a loan to an individual is allowed by a license issued to it by the Central Bank of the Russian Federation in the prescribed manner). Borrowed funds in this case, firstly, they act only in the form of cash, and, secondly, they are provided under a loan agreement (this is a special kind of loan agreement).

Under a loan agreement, a bank or other credit organization (creditor) undertakes to provide cash(credit) to the borrower in the amount and on terms, stipulated by the agreement, and the borrower undertakes to return the amount of money received and pay interest on it (Article 819 of the Civil Code) (see more about this in the book: Guev A.N. Article-by-article commentary on part 2 of the Civil Code of the Russian Federation (ed. 3). S. 424 - 442);

b) "savings on interest" (mentioned in subparagraph 1 of paragraph 1 of Article 212) is formed due to the fact that:

Funds under a loan agreement (or cash and other funds under a loan agreement) are provided either under an interest-free loan agreement or under such a loan agreement (loan agreement) in which the interest rate is lower than the interest rate calculated in the manner specified in paragraph 2 tbsp. 212 (see below);

Cash or other funds are provided (on the conditions mentioned above) only by organizations (including both commercial and non-commercial) and individual entrepreneurs, but not by individuals who are not individual entrepreneurs (for example, if one neighbor gave a loan to another, and no interest was charged on the loan).

In client practice law firm"YUKANG" a number of questions arose: do the rules of subparagraph 1 of paragraph 1 of Art. 212 of the Tax Code to cases when an individual entrepreneur receives a so-called. commodity credit (according to the commodity credit agreement, the obligation of one party to provide the other party with things defined by generic characteristics is provided. At the same time, the rules on loan agreement unless otherwise provided by the agreement on commodity credit and does not follow from the essence of the obligation. At the same time, the conditions on the quantity, assortment, completeness, quality, packaging and (or) the conditions on the items provided must comply with similar conditions in the contract for the sale of goods (Articles 454 - 505, 819 - 822 of the Civil Code)? How is the issue resolved in the event that an individual entrepreneur was granted a commercial loan (recall that contracts, the execution of which is associated with the transfer of ownership to another party sums of money or other things determined by generic characteristics, a loan may be provided, incl. in the form of an advance, advance payment, deferment and installment payment for goods, works, services (the so-called commercial loan)? Do the rules on a loan agreement apply to a commercial loan, unless otherwise provided by the rules on the agreement from which the corresponding obligation arose, and do they contradict the essence of such an obligation (Article 823 of the Civil Code)?

By decision of the Office of the Federal tax service on the Republic of Mordovia of February 18, 2014 N 13-09 / 01738 decision of the lower tax authority left unchanged. After evaluating the evidence presented in the case file, guided by articles 210, 212, 217, 223, 224, 346.11 of the Tax Code of the Russian Federation, articles 807, 809 Civil Code The court of the Russian Federation came to the conclusion that in the audited period the Entrepreneur used borrowed funds and received income in the form of savings on interest (interest-free loan). Under these circumstances, the court refused to satisfy the claims ...

Decision of the Supreme Court: Definition N VAS-13839/09, Supreme Arbitration Court, supervision

The courts of appeal and cassation concluded that the inspectorate did not provide evidence that the disputed amount is a material benefit in the sense of Article 212 of the Tax Code of the Russian Federation and is the income of the entrepreneur, and the receipt by the entrepreneur of income from the sale real estate. The incorrect application by the courts of the provisions of Articles 40, 209, 212, 214.1, 280 of the Tax Code of the Russian Federation has not been established ...

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Tax Code of the Russian Federation (taxation of individuals)

Article 212

1. The taxpayer's income received in the form of material benefit is:

1) material benefit derived from savings on interest for the use by the taxpayer of borrowed (credit) funds received from organizations or individual entrepreneurs, with the exception of material benefits received in connection with transactions with bank cards during the interest-free period established in the agreement on the provision of a bank card, and material benefits received from savings on interest for the use of borrowed (credit) funds for new construction or acquisition in the territory of the Russian Federation residential building, apartment, room or share (shares) in them, if the taxpayer has the right to receive in accordance with subparagraph 2 of paragraph 1 of Article 220 of this Code;

2) material benefit received from the acquisition of goods (works, services) in accordance with a civil law contract with individuals, organizations and individual entrepreneurs who are interdependent in relation to the taxpayer;

3) material benefit received from the purchase of securities .

2. When a taxpayer receives income in the form of material benefit specified in subparagraph 1 of paragraph 1 of this article, the tax base is determined as:

1) excess interest in rubles, calculated on the basis of three-fourths of the current refinancing rate , established by the Central Bank of the Russian Federation on the date of actual receipt by the taxpayer of income, over the amount of interest calculated on the basis of the terms of the agreement;

2) excess 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 contract.

Determination of the tax base upon receipt of income in the form of material benefits received from savings on interest upon receipt of borrowed (credit) funds, calculation, withholding and transfer of tax are carried out by the tax agent in the manner prescribed by this Code.

4. When a taxpayer receives income in the form of a material benefit specified in subparagraph 3 of paragraph 1 of this article, the tax base is determined as the excess of the market value of securities, determined taking into account the marginal limit of fluctuations in the market price of securities, over the amount of the taxpayer's actual expenses for their acquisition.

The procedure for determining the market price of securities and the marginal limit for fluctuations in the market price of securities is established federal body that regulates the securities market.