Let us recall that, in accordance with the norms of law, there is a contract between the declarant organization and the customs broker, within which the customs broker acts on behalf of and on behalf of the declarant.
For purposes accounting expenses incurred by the organization in connection with the import of imported goods excluding VAT, in accordance with paragraphs 2, 5 and 6 of PBU 5/01, are included in the actual cost of purchased goods. These costs include:
Customs duties;
Customs clearance fees;
Cost of customs broker services.
These expenses are reflected in the debit of account 41 “Goods”.
In this case, the following entries must be made in the accounting records of the declaring organization:
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Account correspondence |
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Debit |
Credit |
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Payment of customs duties and customs duties is reflected |
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Payment for customs broker services reflected |
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VAT is reflected on the cost of customs broker services |
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Paid customs duties and customs fees are included in the cost of goods |
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Included in the cost of goods is the cost of customs broker services (excluding VAT) |
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The amount of VAT presented by the customs broker during customs clearance of goods sold in the territory Russian Federation is subject to VAT, the organization has the right to accept for deduction on the basis of subparagraph 1 of paragraph 2 of Article 171 if the conditions specified in paragraph 1 of Article 172 of the Tax Code of the Russian Federation (hereinafter referred to as the Tax Code of the Russian Federation) are met.
We remind you that from January 1, 2006, the fact of payment for the services of a customs broker for the importing organization does not matter in terms of receiving a deduction. It is sufficient that these services are used in taxable activities and are accepted by the VAT taxpayer for accounting.
Please note that these changes do not affect VAT itself, which is paid when importing goods across the customs border of the Russian Federation. To receive a deduction for the import of goods, payment is required. According to paragraph 2 of paragraph 1 of Article 172 of the Tax Code of the Russian Federation:
“Unless otherwise established by this article, only tax amounts presented to the taxpayer upon acquisition of goods (work, services) are subject to deductions. property rights on the territory of the Russian Federation , or actually paid by them when importing goods into the customs territory of the Russian Federation, after registration of the specified goods (works, services), property rights, taking into account the features provided for in this article and in the presence of relevant primary documents.”
In addition, the VAT taxpayer should pay attention to the fact that tax amounts paid by the taxpayer when importing goods into the customs territory of the Russian Federation under the customs regimes of release for domestic consumption, temporary import and processing outside the customs territory are subject to deductions. Let us recall that in the previous version of paragraph 2 of Article 171 of the Tax Code of the Russian Federation, we were talking about the customs regime for release into free circulation. Law No. 119-FZ brought the text of the Tax Code in accordance with the Labor Code of the Russian Federation.
According to Article 155 of the Labor Code of the Russian Federation:
“Article 155. Types of customs regimes
1. For the purposes of customs regulation, the following types of customs regimes are established in relation to goods:
1) main customs regimes:
- release for domestic consumption;
- export;
- international customs transit;
2) economic customs regimes:
- processing in the customs territory;
- processing for domestic consumption;
- processing outside the customs territory;
- temporary importation;
- bonded warehouse;
- free customs zone (free warehouse);
3) final customs regimes:
- re-import;
- re-export;
- destruction;
- refusal in favor of the state;
4) special customs regimes:
- temporary export;
- duty-free trade;
- movement of supplies;
- other special customs regimes.
2. Customs regimes are established by this Code.
The customs regime of a free customs zone (free warehouse) is established in accordance with the legislation of the Russian Federation regulating legal relations regarding the establishment and application of the customs regime of a free customs zone (free warehouse).”
In addition, from January 1, 2006, tax amounts paid by the taxpayer upon import of goods transported across the customs border of the Russian Federation without customs control and customs clearance are subject to deductions. Note that this is a positive moment for trade within the customs union.
So, VAT has the right to deduct value added tax paid when importing goods. And who has the right to a deduction if the tax is paid by a customs broker?
If the declaration of goods is carried out by a customs broker, then the customs broker is responsible for the payment of customs duties and taxes (clause 1, Article 320 of the Labor Code of the Russian Federation).
Thus, in a situation where the declarant uses the services of a customs broker, it is the customs broker who is obliged to pay to the budget the amount of VAT calculated when importing goods purchased by the declarant into the customs territory of the Russian Federation. And the declarant, in accordance with the contract for the provision of customs broker services, is obliged to ensure payment of the specified amount of tax, that is, to promptly transfer the necessary funds to the customs broker.
Consequently, the actual payer of VAT in the above situation is still the declarant.
Based on the above, we can conclude that the declaring organization has the right to deduct the amount of VAT paid on its behalf by a customs broker when importing goods into the customs territory of the Russian Federation.
We draw the reader's attention to the fact that trade organizations The procedure for assessing goods in tax accounting has changed somewhat. Let us note that those organizations that use the “new” rules for the valuation of goods in their work have the right to include the cost of paying for the services of a customs broker in the cost of purchasing goods.
If the organization does not use this opportunity, then these expenses are taken into account as part of other expenses associated with production and sales on the basis of subparagraph 3 of paragraph 1 of Article 264 of the Tax Code of the Russian Federation.
Let's assume that an organization producing products for export uses the services of a customs broker.
In accordance with paragraphs 5, 6 of PBU 10/99, expenses associated with the sale of products are expenses for common types activities and are accepted for accounting in an amount calculated in monetary terms equal to the amount of payment in monetary and other form or amount accounts payable.
In accounting, these expenses are reflected in the debit of account 44 “Sales expenses”.
For tax purposes and in accordance with subparagraph 1 of paragraph 1 of Article 146 of the Tax Code of the Russian Federation, the object of VAT taxation is the sale of goods (work, services) on the territory of the Russian Federation.
The amount of VAT presented by the customs broker for services for registration of exported materials is reflected in the debit of account 19 “Value added tax on acquired assets” in correspondence with the credit of account 76 “Settlements with various debtors and creditors”.
Then, the taxpayer, based on the provisions of Articles 171 and 172 of the Tax Code of the Russian Federation, can accept this amount of VAT as a tax deduction. This will do the following:
For the purposes of taxing the profit of an organization, expenses for paying for the services of a customs broker are included in other expenses associated with production and sales on the basis of subparagraph 3 of paragraph 1 of Article 264 of the Tax Code of the Russian Federation.
In more detail with questions regarding the features of accounting and tax accounting when providing services, you can find out in the book of JSC “BKR-Intercom-Audit” “ Services taking into account industry specifics (except for household and medical».
Many organizations, especially those involved in importing or exporting products, often have a question: how to properly carry out Accounting brokerage services. The question is indeed a difficult one, because there are many nuances that need to be taken into account. We will try to understand these nuances in our article.
First, an agency agreement must be concluded between the company and the broker himself - this is exactly what is prescribed by law. Under this agreement, the broker will act on behalf of the customer. The paperwork depends on whether we are talking about the import of imported goods or the export of products.
Let's take a closer look at each option and see the difference.
When importing goods:
- The costs of purchasing the goods must be included in its actual cost. That is, this includes the price of brokerage services, various customs duties and customs clearance fees.
- These expenses should be reflected in the debit of account No. 41 “Goods”. Then the accounting records of an organization using the services of a customs broker must reflect the following:
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Account correspondence |
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Payment of customs duties and customs duties is reflected |
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Payment for customs broker services reflected |
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VAT is reflected on the cost of customs broker services |
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Paid customs duties and customs fees are included in the cost of goods |
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Included in the cost of goods is the cost of customs broker services (excluding VAT) |
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- When registering goods subject to VAT, the customs broker must present a certain amount to the customer company, which can then be deducted. The law speaks about this in subparagraph 1 of paragraph 2 of Art. 171 of the Tax Code of the Russian Federation (subject to the fulfillment of the conditions specified in Article 172 of the same code).
- At the same time, for an organization importing goods, paying for brokerage services is not important in terms of receiving a deduction. There is only one necessary condition: the services must be used in taxable activities and be taken into account by the VAT taxpayer.
- The customer has the right to deduct the amount of VAT that, on her instructions, was paid by the customs broker when importing goods into the Russian Federation. Organizations using new order valuation of goods in tax accounting, may also include payment for brokerage services in the price of goods.
- Amounts of tax that are presented to the taxpayer when purchasing goods or services or that were paid when directly importing goods into Russia are also subject to deductions.
- And the last point: taxes that the taxpayer contributed when importing goods transported across the border without customs clearance are also deductible.
Meticulous accountants may ask: who has the right to deduct if the tax is paid not by the VAT taxpayer himself, but by the broker? The answer is simple: the broker himself must ultimately contribute to the budget the amount of VAT required for the imported goods. In this case, the broker becomes fully responsible for paying taxes and customs duties. The declarant must ensure payment of the appropriate tax - that is, transfer to the intermediary the amount specified in the brokerage services agreement.
When exporting goods, accounting for brokerage services is carried out in a slightly different way:
- Expenses for the sale of goods are expenses for ordinary activities, therefore they are accepted for accounting in the exact amount that is equal to the amount of payment or the amount of accounts payable. Such expenses are reflected in the debit of account 44 “Sales expenses” in correspondence with the credit of account 76 “Settlements with various debtors and creditors”.
- The amount of VAT that the customs broker presents to the organization for the export of goods is reflected in the debit of account 19 “Value added tax on purchased assets” in correspondence with the credit of the same account No. 76.
- Then the taxpayer himself has the right to accept the specified amount as a tax deduction. In this case accounting entry will look like this: debit 68 “Calculations with the budget for VAT” - credit 19 “Value added tax on purchased assets.”
In short, accounting for brokerage services must be carried out by the declaring company. Expenses for payment of brokerage services are included in other expenses associated with the direct production and sale of goods. The customer company must decide for itself whether to entrust this task to a full-time accountant or, if this is not possible, to turn to the services of outsourced professionals.
The company "YURMED" will help your organization conduct qualified accounting Report services of brokerage companies. We will be able to qualitatively monitor the fulfillment of all obligations on the part of the broker and carry out accounting of brokerage services. Our experienced employees analyze in detail the needs and specifics of each client’s activity and provide excellent quality of all accounting services at a high professional level.
30. Accounting for shares purchased through a broker.
In accordance with Federal law dated April 22, 1996 No. 39-FZ “On the Securities Market”, brokerage is recognized as the activity of concluding civil transactions with securities and (or) for concluding agreements that are derivatives financial instruments, on behalf of the client on behalf and at the expense of the client (including the issuer of issue-grade securities when they are placed) or on its own behalf and at the expense of the client on the basis of reimbursable agreements with the client.
According to PBU 19/02 “Accounting for Financial Investments,” the initial cost of financial investments acquired for a fee is recognized as the amount of the organization’s actual costs for their acquisition, with the exception of value added tax and other refundable taxes (amounts paid in accordance with the agreement to the seller; organizations and to other persons for information and consulting services related to the acquisition of these assets; remuneration paid to an intermediary organization or other person through which assets were acquired as financial investments; - other costs).
debit of account 76 "Settlements with various debtors and creditors", credit of account 51 " Current accounts" - money was transferred to pay for bonds;
debit of account 76 “Settlements with various debtors and creditors”, credit of account 51 “Settlement accounts” - the brokerage company’s remuneration has been paid;
debit of account 19 “Value added tax on acquired assets”, credit of account 76 “Settlements with various debtors and creditors” - VAT on brokerage services is reflected;
debit of account 58/2 “Debt securities”, credit of account 76 “Settlements with various debtors and creditors” - bonds are credited to the balance sheet.
Of course, the broker operates on a reimbursable basis, and the cost of his services is a commission, which, as a rule, depends on the volume of transactions performed. The tariff used by the broker is agreed upon with the client in the contract or separate document. The tariffs applied by the broker are different and depend on the category of the client, his activity in the securities market and other conditions.
Dt 91.2. Kt 76.5. Broker commission
31. Accounting for purchased shares independently on the over-the-counter market under a prepayment agreement.
When organizing and maintaining accounting records of financial investments, you must be guided by the following regulatory documents:
Federal Law “On Accounting” dated November 21, 1996. No. 129-FZ (as amended on July 23, 1998, March 28, December 31, 2002, January 10, May 28, June 30, 2003)
Accounting Regulations “Accounting for Financial Investments” PBU 19/02, approved by Order of the Ministry of Finance of Russia dated December 10, 2002 N 126n
Chart of accounts for accounting of financial and economic activities of enterprises, approved by order of the Ministry of Finance of the Russian Federation dated October 31, 2000 No. 94n and the Instructions for its application (as amended on May 7, 2003)
Regulations on accounting and financial statements in the Russian Federation, approved by order of the Ministry of Finance of the Russian Federation dated July 29, 1998. No. 34n
Law “On the Securities Market” dated April 22, 1996. No. 39 - Federal Law (as amended and supplemented on December 28, 2002)
Convention on the Uniform Law of Transfers and promissory note» from 06/07/30 (Geneva).
According to the Accounting Regulations “Accounting for Financial Investments” No. PBU 19/02, approved by Order of the Ministry of Finance of Russia dated December 10, 2002 No. 126n (hereinafter referred to as PBU 19/02), investments of funds by organizations in the form of investments in securities are reflected in accounting as financial attachments (clause 3).
Financial investments are accepted for accounting at their original cost.
Account 58 “Financial Investments” is intended to summarize information about the availability and movement of an organization’s investments in securities. Subaccounts can be opened for account 58 “Financial investments”: 58-1 “Units and shares”,
58-2 "Debt securities".
Subaccount 58-1 “Shares and shares” takes into account the presence and movement of investments in shares of joint-stock companies, authorized (share) capitals of other organizations, etc. Subaccount 58-2 “Debt securities” takes into account the presence and movement of investments in government and private debt securities (bonds, etc.).
The acquisition of securities by an organization for a fee is reflected in the accounting accounts with the following entry:
D-t 58 " Financial investments", sub-account "Units and shares" K-t 51 "Currency accounts", 52 "Currency accounts".
If the shares are not fully paid, but the investor has the right to receive dividends, then the shares are paid at the full amount of actual expenses. In this case the wiring is done:
D-58 “Financial investments”, sub-account “Units and shares”
Kt 51 “Settlement accounts”, 52 “Currency accounts”, 50 “Cash desk” - for the paid price of shares
K-t 76 “Settlements with various debtors and creditors” - for the unpaid part of the cost of shares
The accrual of dividends is reflected in the accounting accounts:
D-76 “Settlements with various debtors and creditors”, sub-account “Settlements for due dividends and other income”
K-t 91 “Other income and expenses.”
When dividends are received into the organization's current account, an accounting entry is made:
Dt 51 “Current accounts”
Kt 76 “Settlements with various debtors and creditors”, sub-account “Settlements for due dividends and other income”.
The organization applies general mode taxation. One of the activities is wholesale trade. What is the procedure for reflecting expenses for customs brokerage services in accounting and tax accounting? Are these costs included in goods purchased for sale?
For accounting purposes, costs associated with the provision of customs broker services should be taken into account in the cost of the purchased goods.
In tax accounting, the cost of customs broker services depends on the option provided accounting policy organization, and may be:
or taken into account as part of the current month’s distribution costs on an independent basis.
Tax accounting
For tax accounting purposes, organizations carrying out, in particular, wholesale trade, form expenses (hereinafter -) associated with the purchase and sale of purchased goods, taking into account the provisions of Art. 320 Tax Code of the Russian Federation.
According to paragraph 2 of Art. 320 of the Tax Code of the Russian Federation, the amount of distribution costs includes the expenses of the taxpayer (buyer of goods):
for delivery of goods;
warehousing costs;
other expenses of the current month related to the purchase of goods (and by their nature, the services of a customs broker may well be classified as this type of expense), provided that these expenses are not taken into account in the cost of purchasing goods.
The procedure for the formation of such value is determined by the taxpayer in the accounting policy for tax purposes and is applied by him for at least two tax periods.
Let us note that Art. 320 of the Tax Code of the Russian Federation does not actually contain a list of expenses included in the cost of purchasing goods. We believe that formally such a list is open in tax accounting. From our point of view, in in this case the criterion for deciding on the procedure for accounting for a particular expense should be the direct connection of the expenses incurred with the purchase of goods (see also letters of the Ministry of Finance of Russia dated 09.21.2009 N 03-03-06/1/592, dated 05.29.2007 N 03-03- 06/1/335).
Thus, based on a literal reading of Art. 320 of the Tax Code of the Russian Federation, the cost of customs broker services, depending on the option provided for by the organization’s accounting policy, can be:
included in the purchase price of the goods;
or taken into account as part of the distribution costs of the current month on the basis of paragraphs. 49 clause 1 art. 264 Tax Code of the Russian Federation.
Having opted for the second option, the organization can take into account the costs of services provided as part of indirect costs and fully attribute them to expenses of the month in which they arose based on the terms of the transaction.
As follows from the question, none of the above provisions (regarding customs broker services) are stated in the accounting policies of your organization.
Based on the fact that when new types of activities or events that have not previously taken place arise, they can be supplemented at any time, in our opinion, the organization has the right to add to its accounting policy relevant provisions.
The Tax Code of the Russian Federation does not contain any restrictions on the number of additions. The amendments made may be applied from the date of publication of the relevant order of the manager.
If such additions to the accounting policy are not made, and the organization takes into account the cost of services provided by the broker at a time as part of current expenses, then we believe that in this case there is a possibility of a dispute with the tax authority.
Accounting
Unlike tax accounting, in accounting for an organization that does not have the right to use simplified methods of accounting and reporting, there is only one option for accounting for the services of a customs representative - in the cost of the purchased goods.
When recording imported goods intended for resale in the accounting records, the organization must be guided by the norms of PBU 5/01 “Accounting for inventories” (hereinafter referred to as PBU 5/01) and issued in accordance with it Methodological recommendations on accounting of inventories, approved by order of the Ministry of Finance of Russia dated December 28, 2001 N 119n (hereinafter referred to as Guidelines N 119n).
According to clause 6 of PBU 5/01, when purchasing goods for payment actual cost is the amount of the organization’s actual costs for their acquisition, excluding VAT and other refundable taxes (except for cases provided for by law RF). Actual costs include, in particular:
amounts paid in accordance with the contract to the supplier;
customs duties;
procurement and delivery costs, including insurance costs;
other costs directly related to the acquisition of inventories.
At the same time, organizations carrying out trading activities, it is possible to take into account procurement and delivery costs as part of sales costs ( business expenses) (clause 13 PBU 5/01).
Let us note that neither PBU 5/01 nor the Methodological Instructions provide an interpretation of such a concept as “harvesting”. At the same time, from clause 5 of Appendix 2 to Methodical instructions It follows that procurement is the purchase of materials, and delivery is their escort to the organization.
At the same time, the range of services of a customs representative includes such actions as:
declaration of goods and cargo;
carrying out customs control;
payment of customs duties and taxes, etc.
In this regard, in our opinion, the services of a customs broker do not relate to any type of expense specified in clause 13 of PBU 5/01 (neither procurement nor delivery).
Therefore, based on the provisions of PBU 5/01, these costs must be included in the cost of purchased goods.
In connection with the above, in our opinion, in order to bring accounting closer to tax accounting, it is more logical to take into account all the expenses under consideration in the cost of goods in both accounting and tax accounting, since these expenses are directly related to the acquisition of these goods.
Instructions for the use of the Chart of Accounts, approved by order of the Ministry of Finance of the Russian Federation dated October 31, 2000 N 94n (hereinafter referred to as the Instructions), allows you to create full cost goods either on a separate sub-account, for example, “Goods in transit” to account 41 “Goods”, or on the account “Procurement and acquisition of materials” with the subsequent write-off of the cost of goods actually received by the organization and capitalized to the debit of the account.
In accounting, the formation of the cost of goods in the situation under consideration will be reflected by postings (the correspondence of accounts is given for a situation where all the costs under consideration are included in the cost of imported goods):
Debit, subaccount "Goods in transit" Credit
In accordance with paragraph 2 of Art. 226.1. Tax Code of the Russian Federation (hereinafter referred to as the Tax Code of the Russian Federation) VTB Bank (PJSC) (hereinafter referred to as the Bank), as a broker carrying out transactions with securities and (or) transactions with derivative financial instruments (hereinafter referred to as derivatives) in the interests of the client on the basis of an agreement for brokerage service, is recognized as the client’s tax agent, determines the client’s tax base, calculates, withholds and transfers income tax amounts individuals(hereinafter – personal income tax) in tax authorities for all operations carried out by the Bank in the interests of the client in accordance with the above agreement.
Procedure for withholding tax on personal income
Individuals who have entered into an agreement for brokerage services are taxpayers in accordance with clause 1 of Article 207 of the Tax Code of the Russian Federation.
In accordance with paragraph 2 of Article 207 of the Tax Code of the Russian Federation, tax residents are individuals who are actually in the Russian Federation for at least 183 calendar days over the next 12 consecutive months. Tax residents are also individuals who are actually located in the Russian Federation in the territories of the Republic of Crimea and (or) the federal city of Sevastopol for at least 183 calendar days during the period from March 18 to December 31, 2014.
To confirm your tax resident status non-resident individual may provide the Bank with one of the following documents confirming its presence in the Russian Federation:
- Passport with notes on entry and exit from the territory of the Russian Federation;
- Certificate 2-NDFL with the attachment of a time sheet for an organization located in the Russian Federation;
- Certificate of employment in the Russian Federation;
- Migration card.
The tax rate in accordance with Article 224 of the Tax Code of the Russian Federation is established:
- For tax residents - in the amount of 13%;
- For individuals who are not tax residents – 30%.
The tax is calculated and withheld in the following cases (clause 7 of Article 226.1 of the Tax Code of the Russian Federation):
- At the end tax period for the past year;
- Upon payment Money(withdrawal of securities) before the expiration of the tax period;
- Upon termination of the contract.
In accordance with clause 10 of article 226.1. The bank withholds taxes only from ruble funds held in client brokerage accounts.
In case of payment of funds in foreign currency or withdrawal of securities in the absence of ruble funds in the brokerage account, the client incurs a tax debt, which will be withheld by the Bank when ruble funds are received into the client’s brokerage account.
Determination of the tax base (income from which tax is withheld) within the framework of a brokerage agreement.
Please note that the tax base is determined cumulatively for all subitems of the client! When opening a separate subposition, the client must be aware that transactions performed using cash and securities from this subposition fall into the total volume of transactions when determining the tax base, and also that the tax amounts subject to withholding will be written off regardless of the subpositions, since transactions are carried out within the framework of one agreement for brokerage services.
When determining the tax base, the income received by the client from transactions carried out by the Bank in the interests of the client under the brokerage service agreement is taken into account. Such operations include:
- purchase and sale (redemption) of securities traded on the organized securities market (for example, ORTSB);
- purchase and sale (redemption) of securities not traded on an organized market (for example, NORTS);
- purchase and sale of derivative financial instruments (futures and options) traded on the organized securities market (for examples - PFI1, underlying asset of the Central Bank - PFI1CB, underlying asset not of the Central Bank - PFI1nCB);
- purchase and sale of derivative financial instruments (futures and options) not traded on the organized securities market (for example, derivatives2);
- REPO transactions (for examples – REPO);
- operations related to opening (closing) short positions (for examples - CP).
ATTENTION!!! In case of receipt of income not on Personal accounts (306) (hereinafter referred to as brokerage accounts) - Redemption of securities does not apply to transactions carried out under a brokerage agreement, the Bank is not a tax agent and does not determine the tax base for such transactions, since redemption of securities securities is carried out without the participation of the Bank as a broker.
Securities are classified as securities traded on the organized securities market in the following cases:
- a) Securities are admitted to trading by the Russian organizer of trading on the securities market;
- b) Investment units open-end mutual investment funds managed by Russian management companies;
- c) Securities of foreign issuers are admitted to trading on foreign stock exchanges;
In this case, the securities specified in clause a) and clause c) are considered tradable if a market quote is calculated for them.
In accordance with clause 5 of Article 210 of the Tax Code of the Russian Federation, income (expenses accepted for deduction in accordance with Articles 214.1, 214.3, 214.4, 214.5, 218 - 221 of the Tax Code of the Russian Federation) of the client, expressed (nominated) in foreign currency, are recalculated into rubles according to official rate Central Bank of the Russian Federation, established on the date of actual receipt of the specified income (date of actual expenses). Based on the specified provisions of the Tax Code of the Russian Federation, income in foreign currency received from the sale of securities is recalculated by the Bank for the purpose of establishing the tax base in rubles at the rate of the Central Bank of the Russian Federation on the date of receipt of income (receipt of funds in foreign currency to the client’s brokerage account). The specified income is reduced by expenses for the acquisition of the same securities (in accordance with the FIFO method), which are also recalculated into rubles at the rate of the Central Bank of the Russian Federation on the date of occurrence of expenses (writing off funds in foreign currency from the client's brokerage account). Accordingly, an increase (decrease) in the exchange rate value of the currency in which income was received (expenses were incurred) for the period from the moment of acquisition of securities to the moment of their sale, despite the absence of currency conversion into rubles on the client’s account, can lead to an increase (decrease) in the tax base for these securities, subject to the following:
From January 1, 2019, Federal Law dated July 19, 2018 N 200-FZ, paragraph 13 of Article 214.1 is supplemented with paragraphs:
When selling (repaying) bonds of external bond loans of the Russian Federation, denominated in foreign currency, the expenses documented and actually incurred by the taxpayer for the acquisition of these bonds, expressed in foreign currency, are recalculated into rubles according to official rate of the Central Bank of the Russian Federation, established on the date of actual receipt of income from the sale (redemption) of these bonds.
If the terms of the issue of bonds of external bond loans of the Russian Federation, denominated in foreign currency, provide for the implementation of settlements when purchasing these bonds in rubles, the cost of acquiring these bonds is recognized as an amount equal to the product of the cost of acquiring these bonds in foreign currency, determined on the basis of the official exchange rate of the Central Bank of the Russian Federation, established on the date of their acquisition, and the official exchange rate of the specified foreign currency, established Central Bank of the Russian Federation on the date of actual receipt of income from the sale (redemption) of these bonds, subject to documentary confirmation by the taxpayer actual expenses for the purchase of these bonds.
List of client income from transactions with securities and derivative financial instruments received under a brokerage agreement
Income received by the client as a result of transactions with securities and derivative financial instruments includes:
- income from the purchase and sale (redemption) of securities received in the tax period, including income from these operations received in the form of interest (coupon, discount);
- income from the sale of derivative financial instruments received during the tax period, including the received amounts of variation margin and premiums under contracts;
- income in the form of material benefit received from the acquisition of securities, derivatives (Article 212 of the Tax Code of the Russian Federation);
- Income from repo transactions;
- Income from operations related to opening/closing short positions.
List of client expenses related to transactions with securities and derivative financial instruments, and actually carried out under the brokerage agreement
Costs associated with the acquisition, storage and sale of securities include:
- amounts paid to the issuer of securities ( management company mutual investment fund) in payment for placed (issued) securities, as well as amounts paid in accordance with the agreement for the purchase and sale of securities, including the amount paid coupon income;
- the amount of paid variation margin and (or) premium under contracts, as well as other periodic or one-time payments provided for by the terms forward transactions;
- payment for services provided by professional participants in the securities market, as well as exchange intermediaries and clearing centers;
- expenses reimbursed to a professional participant in the securities market;
- exchange fee (commission);
- payment for the services of persons maintaining the register;
- tax paid by the taxpayer upon receipt of securities by inheritance;
- tax paid by the taxpayer when he received shares or shares as a gift;
- the amount of interest paid by the taxpayer on loans and borrowings received to carry out transactions with securities (including interest on loans and borrowings for making margin transactions), within the amounts calculated based on the refinancing rate of the Central Bank of the Russian Federation in effect on the date of payment of interest, increased 1.1 times - for loans and borrowings denominated in rubles, and based on 9 percent - for loans and borrowings denominated in foreign currency;
- the amount of documented expenses for the acquisition (receipt) of securities in ownership free of charge or with partial payment, as well as by way of gift or inheritance, from which tax was calculated and paid;
- other expenses directly related to transactions with securities, with derivative funds, as well as expenses associated with the provision of services by professional participants in the securities market, management companies carrying out trust management property constituting a share investment fund, within the framework of their professional activities.
The procedure for calculating the tax base (the amount from which tax is withheld)
The financial result for the operations specified in subparagraphs 1–6 is defined as income from operations minus relevant expenses. The financial result is determined for each operation and for each set of operations specified in subparagraphs 1–6.
When selling securities, expenses in the form of the cost of acquiring securities are recognized at the cost of the first acquisitions ( FIFO). A negative financial result for each set of operations specified in paragraphs 1 - 6 of this procedure is recognized as a loss.
The tax base for transactions with securities and for transactions with derivative funds is recognized as a positive financial result for transactions (if the financial result is negative, then the tax base is assumed to be 0) specified in paragraphs 1 – 6.
Procedure for taxation of repo transactions.
Taxation of repo transactions is carried out in accordance with Article 214.3 of the Tax Code of the Russian Federation. For taxation purposes of REPO transactions, the actual sale (purchase) price of the security is taken into account both in the first part of the REPO and in the second part of the REPO, regardless of the market (calculated) price of such securities.
For the seller under the first part of the REPO, the difference between the purchase price of securities under the second part of the REPO and the sale price of securities under the first part of the REPO is recognized:
- income in the form of interest on a loan received under repo transactions - if such a difference is negative;
- expenses on interest payments on the loan paid under repo transactions - if such a difference is positive.
For the buyer under the first part of the REPO, the difference between the sale price of securities under the second part of the REPO and the purchase price of securities under the first part of the REPO is recognized:
- income in the form of interest on a loan received under repo transactions - if such a difference is positive;
- expenses for payment of interest on a loan paid under repo transactions - if such a difference is negative.
The tax base for repo transactions is defined as income in the form of interest on loans received in the tax period for the aggregate of repo transactions, reduced by the amount of expenses in the form of interest on loans paid in the tax period for the aggregate of repo transactions.
The specified expenses are accepted for tax purposes within the limits of amounts calculated based on the refinancing rate of the Central Bank of the Russian Federation in effect on the date of payment of interest on repo transactions, increased by 1.8 times for expenses expressed in rubles, and increased by 0.8 times for expenses expressed in foreign currency.
Expenses in the form of exchange, brokerage and depository commissions associated with repo transactions reduce the tax base for repo transactions after applying the restrictions specified in the previous paragraph.
If the amount of expenses accepted for tax purposes exceeds the amount of income specified in this paragraph, the tax base for repo transactions in the corresponding tax period is recognized equal to zero.
The amount in excess of the expenses indicated above over income is recognized as a taxpayer's loss on repo transactions.
In this case, income or expenses expressed in foreign currency are recalculated into rubles on the date of their receipt (implementation) in accordance with clause 10 of Art. 214.3 Tax Code of the Russian Federation.
Clause 10 of Article 214.3 of the Tax Code of the Russian Federation establishes that for the purposes of this article, the date of receipt of income (incurring expenses) under a repo transaction is the date of actual fulfillment (termination) of the participants’ obligations under the second part of the repo.
Thus, on the date of execution of the second part of the REPO, the result obtained (income or expense) is recalculated into rubles in accordance with clause 5 of Art. 210 Tax Code of the Russian Federation.
According to paragraph 5 of Art. 210 of the Tax Code of the Russian Federation, income (expenses accepted for deduction in accordance, in particular, with Articles 214.1, 214.3, Tax Code of the Russian Federation) of the taxpayer, expressed (nominated) in foreign currency, are recalculated into rubles at the official rate of the Central Bank of the Russian Federation established on the date of actual receipt of the specified income (date of actual expenses).
Moreover, in relation to REPO transactions in foreign currency, the positive or negative difference between the purchase price of securities under the second part of the REPO and the sale price of securities under the first part of the REPO (income or expense) is determined without conversion from foreign currency into rubles.
Negative financial result obtained in the tax period for individual operations with securities traded on the organized securities market, reduces the overall positive financial result on transactions with securities traded on the organized market, obtained in the same tax period, taking into account the maximum fluctuation limit market price valuable papers.
The market price of a security traded on an organized securities market is recognized as:
a) the weighted average price of such a security, calculated by the Russian organizer of trading on the securities market ( stock exchange j) on the date of conclusion of the transaction - for securities admitted to trading by such a trade organizer on the securities market, on the stock exchange; In the absence of information on the weighted average price of a security from the organizers of trading on the securities market (stock exchange), on the date of the transaction, the market price is recognized as the weighted average price that prevailed on the date of the nearest trading that took place before the day of the corresponding transaction, if trading in these securities was carried out although once within the last three months.
b) the closing price of a security, calculated by a foreign stock exchange for transactions completed during one trading day through such an exchange - for securities admitted to trading on a foreign stock exchange.
The maximum limit for fluctuations in the market price of securities traded on the organized securities market is determined in the following order:
1. upward - from the market price of a security to the maximum price of a transaction with a security completed at the auction of a given trade organizer on the securities market, including a stock exchange, or a foreign stock exchange;
2. downward - from the market price of a security to the minimum price of a transaction with a security completed at the auction of a given trade organizer on the securities market, including a stock exchange, or a foreign stock exchange.
Example 10.
The client has received a positive financial result from transactions with securities traded on the organized market since the beginning of the calendar year in the amount of 1,000 rubles. At the same time, before the end of the tax period, he made an over-the-counter transaction to sell 10 shares of Sberbank OJSC at a price of 50 rubles per share, previously purchased on the stock exchange for 100 rubles, which corresponded to the market price level on the date of the transaction for the acquisition of securities. On the day the over-the-counter sale transaction was concluded, the market price of Sberbank shares was 92 rubles per share, and the minimum transaction price recorded on the stock exchange was 87 rubles per share. The actual loss from the sale of shares of Sberbank OJSC amounted to 500 rubles. Despite the fact that in general case a negative financial result obtained in the tax period for individual transactions with securities traded on the organized securities market reduces the overall positive financial result for transactions with securities traded on the organized market obtained in the same tax period when calculating the tax base in In this example, the principle of the maximum limit of fluctuations in the market price of securities will be used. Guided by this principle, the negative financial result from the sale of shares of Sberbank OJSC will be calculated based on the higher of two prices: the sale price of the shares and the minimum price of the transaction completed on the stock exchange. In this example, the larger value will be the minimum transaction price - 87 rubles. Thus, the positive financial result from transactions with securities traded on the organized market in the amount of 1000 rubles will be reduced not by 500 rubles, but by 130 rubles. The tax base will be 870 rubles, the tax will be 113 rubles.
Example 11.
The client made an over-the-counter transaction to purchase 10 shares of Sberbank OJSC at a price of 100 rubles per share. On the day the over-the-counter purchase transaction was concluded, the market price of Sberbank shares on the stock exchange was 87 rubles per share, and the maximum transaction price was 92 rubles. If in the future the client wants to sell the specified shares of Sberbank OJSC, then the price of their acquisition when calculating the tax base will be taken as 92 rubles per share, since in this example the principle of the maximum limit for fluctuations in the market price of securities will be used. If the client sells these shares at 100 rubles per share, then the taxable income will be 8 rubles per share or 80 rubles per block of shares, and the withholding tax will be 10 rubles.
The procedure for accounting for expenses on securities when determining the tax base, in the case of their acquisition by the client not through VTB Bank (PJSC), including in the case of their receipt by the client as a gift (inheritance).
When a client credits securities to a securities account with the bank’s depositary (in case of adherence to the “Regulations for the provision of services for financial markets» (hereinafter referred to as the Regulations), these securities are accounted for as purchased under zero price, if the bank does not have documents confirming the price of their purchase. This provision does not apply to cases where a bank acquires securities acting on behalf of a client within the framework of the Regulations.
In accordance with paragraph 4 of Article 226.1. Tax Code of the Russian Federation, when determining the tax base for transactions with securities, the Bank, on the basis of a client’s application, can take into account those actually carried out and documented confirmed expenses, which are related to the acquisition and storage of the relevant securities and which the client made without the participation of the Bank, including before concluding an agreement with the Bank, in the presence of which the Bank determines the tax base of the taxpayer.
2.4. documents confirming the transfer of ownership of the specified securities to the client (if the securities are transferred from the client’s own securities account opened with another broker/depository). As documents confirming the transfer of ownership of securities to the Client, an extract from the Client's securities account (personal account in the register) with the given basis for the movement of securities for the period from the date of acquisition to the date of transfer of securities to the Depository of VTB Bank (PJSC) is accepted.
In addition, along with the above documents, the client is obliged to provide the Bank with statement requesting that these costs be taken into account in the following form:
The specified documents must be submitted to the Bank before December 31 of the year during which the specified securities were sold (if the client did not withdraw funds received as a result of the sale of securities by the end of the year). Otherwise, the documents must be submitted no later than the date of submission of the order to withdraw funds from the sale of securities.
In case of failure to provide documents confirming the expenses for the acquisition of securities, the Bank declines responsibility for withholding excessively accrued tax. Further size adjustment tax obligations carried out by the client independently by contacting the tax authority at the place of residence.
Receipt of material benefits by the client.
If the client purchases securities traded on a stock exchange or derivatives contracts traded on a stock exchange at a price (including acquisition costs) lower than the market price of the specified securities or derivatives contracts, taking into account the maximum fluctuation limit of this price, from the client a material benefit is generated in the amount of excess of the market price, taking into account the maximum limit of fluctuations of this price over the purchase price, which is taxed in the manner prescribed for taxation of income from the sale of securities or futures contracts. If the client subsequently sells securities or futures contracts, the costs of acquiring these financial instruments for calculating the tax base will be the sum of the amount of their actual acquisition and the amount of material benefit. (Paragraph 8 of Clause 13 of Article 214.1 of the Tax Code of the Russian Federation).
Example 12.
The client made an over-the-counter transaction to purchase 10 shares of Sberbank OJSC at a price of 50 rubles per share. On the day the sale transaction was concluded, the market price of Sberbank shares was 90 rubles per share, and the minimum transaction price recorded on the stock exchange was 82 rubles. As a result of completing this transaction, the client received a material benefit in the amount of excess of the minimum price of shares (the maximum limit for price fluctuations) over their acquisition price, i.e. 82 rubles, minus 50 rubles, multiplied by the number of shares - 320 rubles. The material benefit amounted to 320 rubles; tax withheld from material benefits (13%) – 42 rubles. In the future, if the client sells the indicated 10 shares of Sberbank OJSC, the costs of their acquisition will consist of the acquisition price of 50 rubles, the amount of material benefits of 320 rubles, i.e. 500 + 320 = 820 rubles or 82 rubles per share.
Providing tax deductions (carrying forward losses from transactions with securities of previous years to the current tax period).
Since January 1, 2010, the Tax Code of the Russian Federation has included important changes, according to which losses from previous years will reduce the tax base when calculating taxes. In this case, the loss received in the previous tax period can be carried forward in full or in part to future periods within 10 years. Until this point, it was impossible to carry forward losses to the next period. This new rule applies to losses received by the taxpayer starting from 2010. Decrease in income received in previous tax periods ( calendar year), the amount of loss of the current and subsequent reporting periods is not allowed.
To receive the specified tax deduction the client must independently contact the tax authorities at the place of residence at the end of the tax period with a written application and tax return. In this case, the bank does not reduce the amount of tax withheld and paid to the budget at the end of the tax period and does not take into account losses incurred by the client in previous tax periods.
Losses will be taken into account in the following order:
Amounts of loss received from transactions with securities traded on the organized securities market, carried forward to future periods, reduce the tax base of the corresponding tax periods for such transactions. That is, losses incurred by the client from transactions with securities traded on the organized securities market may reduce the tax base, calculated only on transactions with securities traded on the organized securities market. Losses received from transactions with securities traded on the organized securities market cannot reduce the positive financial result obtained from transactions with derivatives contracts. Amounts of loss received on transactions with derivatives contracts traded on the organized market, transferred to future periods, reduce the tax base of the corresponding tax periods for transactions with derivatives contracts traded on the organized market.
Carrying forward to future periods losses incurred on transactions with securities not traded on the organized securities market and on transactions with derivative funds not traded on the organized market.
The amount of loss on REPO transactions and operations related to the opening (closing) of short positions is not carried forward to future periods.
The client has the right to carry forward losses to future periods within 10 years following the tax period in which this loss was incurred. If a taxpayer has incurred losses in more than one tax period, such losses are carried forward to future periods in the order in which they were incurred.
To confirm the right to tax deductions when carrying forward losses from transactions with securities and transactions with financial instruments of futures transactions, the client submits to the tax authorities documents confirming the amount of losses incurred during the entire period when he reduces the tax base of the current tax period by amounts previously received losses. The client is obliged to keep documents confirming the amount of losses incurred during the entire period when he reduces the tax base of the current tax period by the amounts of previously received losses.
The procedure for taxation of income received by individual residents of the Russian Federation from transactions with securities of Russian and foreign issuers.
1. For transactions related to the purchase and sale (redemption) of securities through the Bank on the organized securities market (at exchange trading):
Income received during such operations (income from the sale/redemption of securities) is subject to taxation in accordance with Article 214.1 of the Tax Code of the Russian Federation.
Clause 12 of Article 214.1 of the Tax Code of the Russian Federation establishes that the financial result of transactions with securities and transactions with derivative funds is defined as income from operations minus the corresponding expenses specified in clause 10 of Article 214.1 of the Tax Code of the Russian Federation.
Such expenses, in accordance with subclause 1 of clause 10 of Article 214.1 of the Tax Code of the Russian Federation, include, in particular, amounts paid to the issuer of securities (management company of a mutual investment fund) in payment for the securities placed (issued), as well as amounts paid in accordance with the agreement purchase and sale of securities, including coupon amounts.
Thus, when calculating the tax base on income from the sale of bonds, the amount of accumulated but unpaid coupon income included in the price of bonds upon their acquisition, taken into account tax agent as part of the expenses for the acquisition of these bonds regardless of whether they were sold before the coupon was paid or after it was paid.
For example, The Bank, as part of the execution of a brokerage agreement on behalf of the client, purchased bonds, the purchase price of which included part of the accumulated but unpaid coupon income (CCI). At the same time, the Bank is the nominal holder of these bonds. Subsequently, these bonds were sold by the client. The tax base for these transactions will be calculated based on the entire amount received from the sale of bonds (including NKD), minus the entire amount of expenses for the purchase of bonds (including NKD). If during the client's holding period on bonds there were payments of coupon income to personal accounts (306), then the indicated income (except for income in the form of interest (coupon, discount) received on circulating bonds Russian organizations denominated in rubles and issued after January 1, 2017) are included in income from transactions with securities and are taken into account by the Bank when calculating the tax on income from the sale of securities.
In case of payment of coupon income to bank accounts/cards, the calculation and withholding of tax on coupon income is carried out in accordance with paragraph 2 of this section. In accordance with paragraph 7 of Article 226.1 of the Tax Code of the Russian Federation, the calculation, withholding and payment of the amount of tax on income from the sale of securities is carried out by the tax agent at the end of the tax period, as well as before the expiration of the tax period or before the expiration of the contract in the manner established by Chapter 23 of the Tax Code of the Russian Federation .
Exception: in accordance with paragraph 13 of Article 214.1 when determining financial result on transactions with securities income from purchase and sale (redemption) government treasury bills, bonds and other government securities former USSR, member states of the Union State and constituent entities of the Russian Federation, as well as bonds and securities issued by decision of representative bodies of local self-government, are taken into account without interest (coupon) income, paid to a taxpayer who is taxed at a rate other than that provided for in paragraph 1 of Article 224 of the Tax Code of the Russian Federation, and the payment of which is provided for by the terms of issue of such a security. For purchase and sale transactions for the specified categories of securities, the amounts of accumulated but unpaid coupon income (CCI) when calculating the client’s tax base are not included by the Bank in income (expenses).
When making payments to taxpayers of income from the redemption of securities to personal accounts (306), the Bank (Broker) is a tax agent. The amount of income from the redemption of the nominal value of the bond will be included in the calculation of the tax base for transactions with securities in accordance with Articles 214.1, 226.1 of the Tax Code of the Russian Federation.
When making payments to taxpayers of income from the redemption of securities to bank accounts/cards, the Bank is not a tax agent and does not determine the tax base for such transactions. In this case, the client is obliged to independently calculate and pay the tax amount to the budget, as well as submit the corresponding tax return to the tax authority at the place of his registration.
2. Taxation of coupon income on bonds
2.1. Coupon income on bonds of issuers - non-residents of the Russian Federation.
In accordance with subparagraph 1 of paragraph 3 of Article 208 of the Tax Code of the Russian Federation, dividends and interest received by a non-resident taxpayer of the Russian Federation from foreign organization, are income received from a source outside the Russian Federation.
The responsibility for calculating and paying personal income tax on income received by individuals who are tax non-residents of the Russian Federation from sources located outside the Russian Federation is assigned to the individuals themselves (Article 228 of the Tax Code of the Russian Federation).
IN these cases Non-resident individuals of the Russian Federation, in accordance with subparagraph 1 of paragraph 1 and paragraphs 2, 3 of Article 228 of the Tax Code of the Russian Federation, Article 229 of the Tax Code of the Russian Federation, when receiving interest income on bonds, must independently calculate and pay tax amounts to the budget, and also submit to the tax authority at their place its accounting corresponding tax return. As a document confirming the receipt of the specified payments to the current account with the Bank (if the client indicated an account with the Bank as bank account details in the depositor’s application form), the client can request a statement according to his/her current account in the Bank for the required period.
In the case of payment of coupon income on bonds of non-resident issuers to a client resident of the Russian Federation to personal accounts (306), the Bank (Broker) is a tax agent and calculates, withholds and transfers tax on the specified income to the budget of the Russian Federation, and also provides information on the specified income and amounts of taxes paid to the tax authorities.
In the case of payment of coupon income on bonds of non-resident issuers to a client resident of the Russian Federation on bank accounts/cards, the client is obliged to independently calculate and pay the tax amount to the budget, as well as submit the corresponding tax return to the tax authority at the place of his registration.
2.2. Coupon income and income from the redemption of bonds of issuers - residents of the Russian Federation.
1) In case of receiving income to personal accounts (306):
According to paragraphs. 1 item 2 art. 226.1 of the Tax Code of the Russian Federation The Bank (Broker) is a tax agent for the payment of coupon income in cash on securities, calculates, withholds and transfers tax on the said income to the budget of the Russian Federation, and also provides information on the said income and the amount of taxes paid to the tax authorities.
2) In case of transfer of income to bank accounts/cards:
According to Art. 226.1 of the Tax Code of the Russian Federation The Bank (Depository) is a tax agent for payments of coupon income in cash on securities,
- which are accounted for in a securities account opened for individual residents and non-residents of the Russian Federation (the taxation procedure is carried out in accordance with Articles 214.1, 226.1 of the Tax Code of the Russian Federation);
- which are accounted for in the securities account of a foreign nominal holder, the securities account of a foreign authorized holder and (or) the securities account of depository programs (the taxation procedure is carried out in accordance with Articles 214.6, 226.1 of the Tax Code of the Russian Federation): - for government securities of the Russian Federation with mandatory storage;
- for government securities of constituent entities of the Russian Federation with mandatory centralized storage;
- for municipal securities with mandatory centralized storage, regardless of the date of registration of their issue,
- for issue-grade securities with mandatory centralized storage - in relation to issues whose state registration or assignment identification number which were implemented after January 1, 2012;
- - for other issue-grade securities, with the exception of issue-grade securities with mandatory centralized storage, state registration which or the assignment of an identification number to which was carried out before January 1, 2012,
and carries out the calculation, withholding and transfer of tax on the specified income to the budget of the Russian Federation, and also provides information about the specified income and the amount of taxes paid to the tax authorities.
The tax rate for the payment of coupon income in accordance with Article 224 of the Tax Code of the Russian Federation is established:
- For tax residents - in the amount of 13%
- For individuals who are not tax residents – 30%
- Tax rate is set at 35% in relation to income in the form of interest (coupon) on circulating bonds of Russian organizations denominated in rubles and issued after January 1, 2017. The tax base is determined as the excess of the amount of interest payment (coupon) over the amount of interest calculated based on the par value of the bonds and the refinancing rate of the Central Bank of the Russian Federation, increased by five percentage points, valid during the period for which the coupon income was paid
For bonds of issuers - residents of the Russian Federation with mandatory centralized storage, registered before 01/01/2012, when paying coupon income, the duties of a tax agent are performed by the issuer in the manner established by Article 226 of the Tax Code of the Russian Federation, and provides information on the income of individuals and the amounts of accrued and withheld tax to the tax authorities organs. If the issuer has not fully withheld taxes, the Bank, in accordance with clause 5 of Art. 226.1 of the Tax Code of the Russian Federation carries out additional withholding of tax amounts not fully withheld by the issuer of securities, including in the case of transactions performed in favor of the taxpayer, the tax base for which is determined in accordance with Articles 214.1, 214.3 and 214.4 of the Tax Code of the Russian Federation.
Exception: exempt from taxation (clause 25 of Article 217 of the Tax Code of the Russian Federation) amounts of interest on state treasury obligations, bonds and other government securities of the former USSR, member states of the Union State and constituent entities of the Russian Federation, as well as on bonds and securities issued by decision of representative local government bodies.
Taxation of dividends
The calculation of the amount and payment of tax in respect of income received in the form of dividends on shares of Russian organizations is carried out by the Bank (Depository) in accordance with Art. 214 of the Tax Code of the Russian Federation and taking into account Art. 226.1 Tax Code of the Russian Federation.
NThe tax rate for dividend payments in accordance with Article 224 of the Tax Code of the Russian Federation is established:
- For tax residents - in the amount of 13%, taking into account the specifics established by Article 275 of the Tax Code of the Russian Federation;
- For individuals who are not tax residents – 15%
Income in the form of dividends on securities of foreign issuers received by non-resident individuals of the Russian Federation is not subject to personal income tax in the Russian Federation, accordingly, the Bank is not a tax agent for these incomes.
For income in the form of dividends on securities of foreign issuers received by individual residents of the Russian Federation to personal accounts (306), the Bank is a tax agent and calculates and withholds tax at a rate of 13%.
Obtaining an investment tax deduction from the sale of securities traded on the organized securities market and owned by the client for more than three years
From 01/01/2017, upon application for an investment tax deduction (brokerage services), clients can exercise the right to receive an investment tax deduction in accordance with paragraph 1 of paragraph 1 of Article 219.1 of the Tax Code of the Russian Federation “in the amount of the positive financial result obtained by the taxpayer in the tax period from the sale (redemption) of securities traded on the organized securities market and owned for more than three years.”
Clients submit an application for an investment tax deduction to the Bank once during a tax period; the application is valid for the entire tax period in which it is submitted.
If during the tax period a taxpayer submits an application for an investment tax deduction, the calculation personal income tax amounts When withdrawing funds, the Bank shall take into account the specified tax deduction.
Reporting with calculation of the taxable base based on the results of the tax period, provided to the client on a voluntary basis by VTB Bank (PJSC).
Based on the results of the tax period (as well as when withdrawing funds/securities from a brokerage account), clients receive the following reports from the Bank to the email address specified in the client questionnaire:
Please note that if the client does not receive the specified reports due to the absence of the client’s email address in the Bank or its irrelevance, then he needs to contact the Bank and make changes to the client’s questionnaire, indicating the current email address. Otherwise, the client needs to check the settings of the mail system he is using.
1. Calculation of personal income tax on transactions with securities and derivatives for the period.
An example of a report with the calculation of the taxable base tax_count.doc (49 Kb).
The calculation contains the following information:
- « TOTAL FOR SECURITIES traded on ORTSM» - the financial result of transactions for the purchase and sale of securities traded on the organized securities market, including securities denominated in foreign currency. This calculation is presented in more detail in the Calculation of Financial Results (FIFO) for transactions involving the sale of securities.”
- “TOTAL FOR derivatives traded on ORs, the underlying assets for which are securities and indices (broken down by underlying assets)” – the financial result for derivatives (futures and options), the underlying assets of which are securities and stock indices.”
- “TOTAL FOR derivatives traded on OR, the underlying asset for which is not the Central Bank and Indices (broken down by underlying assets)” - the financial result for derivatives (futures and options), the underlying asset of which is commodities, currencies, interest rates etc….
- « TOTAL FOR REPO OPERATIONS» - financial result on repo transactions. This calculation is presented in more detail in the report “Calculation of financial results for repo transactions”
- « Reverse repo (B/S)» - the financial result of REPO transactions (purchase of securities under the first part of the Special REPO, sale under the second part of the Special REPO), concluded when transferring short margin positions of the client.
- « Direct repo (S/B)» - the financial result of REPO transactions (sale of securities under the first part of the Special REPO, purchase under the second part of the Special REPO), concluded when transferring the client’s long margin positions.
- « TOTAL FOR SHORT POSITIONS" - the financial result for operations related to the opening/closing of short positions that are the objects of repo transactions. This calculation is presented in more detail in the report "Calculation of the financial result for short positions".
- "Transaction costs» - Bank commission, as well as commission trading systems and auction organizers directly related to the conclusion of transactions
- « Non-transaction costs» - Depository Commission of the bank, as well as other Bank commissions not directly related to the conclusion of transactions.
- « Balancing losses" - Balancing losses on transactions included in different tax bases, subject to balancing in accordance with the Tax Code of the Russian Federation, with income from the line " Result from operations with the Central Bank».
- « Result taking into account balancing" = "Result from transactions with the Central Bank" - "Balancing of losses."
2. Calculation of financial results (FIFO) for transactions involving the sale of securities. The calculation includes purchase and sale transactions of securities traded on the organized securities market. The calculation does not include derivatives transactions, repo transactions and operations related to the opening of short positions that are the objects of repo transactions;
3. Calculation of financial results for REPO transactions;
4. Calculation of financial results for short positions.
Income from securities (dividends, interest) is credited to the bank account or Personal Account of the Client specified in the Information about bank details, while the Bank, as tax agent, calculates, withholds and transfers to the budget personal income tax in the manner established Tax Code Russian Federation.
The procedure for obtaining 2-NDFL certificates
To obtain a 2-NDFL certificate, you must submit an application for a certificate. The application can be submitted in the following ways:- by email at ,
- at points of sale where services are provided brokerage activities(see the list of sales points on the page).
If you have any questions related to obtaining 2-NDFL certificates, you can call 8 800 333–24–24 (free for calls within Russia).