The form of material benefits from savings. material gain

Commentary on the Letter of the Ministry of Finance of the Russian Federation of February 15, 2016 No. 03-04-05/7920.

In the commented Letter dated February 15, 2016 No. 03-04-05 / 7920, employees of the financial department recalled that the terms for paying personal income tax have changed since January 1, 2016, namely, in accordance with paragraphs. 3 p. 1 art. 223 of the Tax Code of the Russian Federation for the purpose of paying personal income tax, the date of receipt of income in the form of material benefit is the day of its receipt.

Consequently, the date of receipt of income from savings on interest is now recognized as the last day of each month during the period for which the borrowed (credit) funds were provided.

At the same time, employees of the Ministry of Finance clarified that since 2016, received from savings on interest, is determined on the last day of each month in which the loan (credit) agreement was in effect, regardless of the date such a loan (credit) was received, and also regardless of whether on which day of the month the debt obligation was terminated.

Please note: The above procedure also applies in cases where interest under the terms of the agreement was accrued, but not paid before 01/01/2016. This is stated in the Letter of the Ministry of Finance of the Russian Federation dated February 2, 2016 No. 03-04-06 / 4762.

How to determine the date of receipt of material benefits if the loan was issued in 2015 and repaid in 2016?

In what cases does material benefit arise?

In accordance with paragraphs. 1 p. 1 art. 212 of the Tax Code of the Russian Federation, an organization is obliged to calculate personal income tax from material benefits received from savings on interest when providing a loan (including interest-free) to an individual:

• if the rate on a loan, the amount of which is determined in rubles, is less than 2/3 of the refinancing rate (key rate) of the Central Bank of the Russian Federation (clause 1, clause 2, article 212 of the Tax Code of the Russian Federation);
• if the rate on a loan, the amount of which is determined in a foreign currency, is less than 9% (clause 2, clause 2, article 212 of the Tax Code of the Russian Federation).

What is the rate for personal income tax on material benefits?

The Tax Code of the Russian Federation established personal income tax rates. This article says:

• if the borrower is a tax resident of the Russian Federation - at a rate of 35% (clause 2, article 224 of the Tax Code of the Russian Federation);
• if the borrower is not a tax resident of the Russian Federation - at a rate of 30% (clause 3 of article 224 of the Tax Code of the Russian Federation).

The amount of material benefit on a loan issued in rubles is calculated by the formula:

MW \u003d SZ x (2/3 x% of the Central Bank of the Russian Federation -%) / 365 (366) x days., Where:

MV- the material benefit received from savings on interest;

NW- loan amount;

% TSB RF- the refinancing rate of the Central Bank of the Russian Federation, which was in effect on the last day of the month;

% - the interest rate on the loan;

365 (366) - the number of days in a year;

days

The amount of material benefit on a loan issued in a foreign currency is calculated by the formula:

MW \u003d SZ x (9% -%) / 365 (366) x days., Where:

MV– material benefit from savings on interest;

NW- loan amount;

% - the interest rate on the loan;

365 (366) - the number of days in a year;

days- the number of days of using the loan per month.

For clarity, we will give an example of calculating the material benefit of an individual received from savings on interest, personal income tax from it, indicating the specific dates of receipt of income.

Example

On 12/18/2015, the organization provided its employee with a loan in the amount of 60,000 rubles. for a period of 3 months at a rate of 3% per annum. The employee is tax resident. Interest is paid in a lump sum upon repayment of the loan. On March 18, 2016, the employee returned the loan and paid interest in the amount of 447.54 rubles. (60,000 rubles x 3% / 366 days x 91 days). We calculate personal income tax from the material benefits received from savings on interest on the loan issued.

So, the date of receipt of income from savings on interest is the last day of each month during the period for which the loan (credit) funds were provided in 2016, and in 2015 it is the date of repayment of the loan by the tax agent. The refinancing rate (key rate) on the interest payment date is 11%.

In 2016, the material benefit from savings on loan interest will be:

• as of January 31 - 223.6 rubles. (60,000 rubles x (2/3 x 11% - 3%) / 366 days x 31 days). Personal income tax from the amount of material benefits - 78.26 rubles. (223.6 rubles x 35%);
• on February 29 - 209.18 rubles. (60,000 rubles x (2/3 x 11% - 3%) / 366 days x 29 days). Personal income tax from the amount of material benefits - 73.21 rubles. (209.18 rubles x 35%);
• as of March 31 - 122.62 rubles. (60,000 rubles x (2/3 x 11% - 3%) / 366 days x 17 days). Personal income tax from the amount of material benefits - 42.92 rubles. (122.62 rubles x 35%).

The material benefit received from the savings on interest on the loan for 2015 will be:

• on March 18 - 100.98 rubles. (60,000 rubles x (2/3 x 11% - 3%) / 366 days x 14 days). Personal income tax from the amount of material benefits - 35.34 rubles. (100.98 rubles x 35%).

When is it necessary to transfer personal income tax to the budget?

According to paragraphs 4 and 6 of Art. 226 of the Tax Code of the Russian Federation, the organization must withhold personal income tax from material benefits upon the next payment of money to the borrower. As for the tax, it must be transferred to the budget no later than the day following the day when the money was paid.

Are the sums of material benefits accrued to off-budget funds?

According to part 3 of Art. 7 of Federal Law No. 212-FZ, payments and other remunerations made, in particular, under civil law contracts, the subject of which is the transfer of ownership or other real rights to property (property rights), do not apply to the object of taxation of insurance premiums. Thus, the material benefit of an employee for using an interest-free loan received from an employer is not recognized as an object of taxation of insurance premiums.

These clarifications are presented in the Letter of the Ministry of Labor of the Russian Federation dated February 17, 2014 No. 17-4 / V-54.

Federal Law No. 212-FZ dated July 24, 2009 “On Insurance Contributions to the Pension Fund Russian Federation, Social Insurance Fund of the Russian Federation, Federal Compulsory Medical Insurance Fund.

Taxpayers' income is subject to personal income tax at a rate of 13%. For example, an employer withholds 13% personal income tax from wages. But taxes are paid not only on the money received, but also on the money saved.

If you have taken out an interest-free loan or a loan at a low interest rate, that is, below the marginal rate, then, according to the Tax Code, you have received implicit income from savings on loan interest. This implicit income is called a material benefit. In this case, you must pay tax on this income..

Example: Lugovoi S.V. took out an interest-free loan from his employer. From the moment of obtaining a loan from Lugovoi S.V. there is income in the form of material benefits, on which the tax will be withheld.

Material benefit arises when obtaining loans (credits) at a low interest rate, when purchasing goods (works, services) from persons and organizations that are interdependent in relation to you, as well as when purchasing securities at below market prices. Below we will consider only the material benefit received from savings on interest for the use of borrowed funds, since this case is the most common.

The amount of material benefit

Let's consider in what cases and in what amount you may receive income in the form of material benefits.

A material benefit arises if the loan rate is below the marginal rate, equal to 2/3 of the refinancing rate. At the moment, the refinancing rate is equal to the key rate of the bank - 6.25% (from December 16, 2019 to February 9, 2020). Accordingly, the marginal rate on loans issued from 12/16/19 will be 4.17% (2/3 * 6.25%). Thus, if you now take out a loan at less than 4.17% per annum, then you will have a material benefit from which tax will be withheld.

The amount of material benefit is equal to the difference between the marginal rate and the rate under the loan agreement, multiplied by the loan amount and the loan term.

Material benefit \u003d (marginal rate - contract rate) x loan amount x (loan term in days / 365 days)

The material benefit is calculated monthly throughout the entire lending period, and when calculating it, one must take into account the refinancing rate that was in effect on the last day of the month (subclause 1, clause 2, article 212, subclause 7, clause 1, article 223 of the Tax Code of the Russian Federation).

Taxation of material benefits

According to paragraph 2 of Art. 224 of the Tax Code of the Russian Federation, material benefit is subject to personal income tax at a rate of 35%. As a general rule, the tax must be withheld by the employer from whom the loan or loan was taken (clause 1, article 226 of the Tax Code of the Russian Federation).

Example: OOO "Rainbow" provided Kosolapom A.S. interest-free loan and deducted material benefits from his salary at a rate of 35%. Kosolapy A.S. there is no obligation to the tax office.

If income in the form of material benefit was received not from the employer or the employer did not withhold tax, you are obliged to independently submit a 3-NDFL declaration to the tax authority and report on the tax (clause 4 clause 1, clause 6 article 228).

However, in 2016, changes were made to the Tax Code that simplified the reporting process for taxpayers in cases where they themselves must pay tax on material gain (if the tax was not withheld by a tax agent). Since 2016, it is no longer required to file a 3-NDFL declaration, you just need to wait for a notification from the tax authority and pay tax on this notification (clause 6 of article 228 of the Tax Code of the Russian Federation, part 8 of article 4 of the Law of December 29, 2015 N 396-FZ ). In addition, these changes increased the tax payment deadline until December 1 (for 3-personal income tax it was until July 15).

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

What is a material benefit?

Article 212 of the Tax Code of the Russian Federation the features of the calculation of income received in the form of material benefits are established. IN paragraph 1 The named article lists the cases when it may occur:

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

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

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

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

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

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

Save on interest

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

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

Example 1

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

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

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

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

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

Example 2

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

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

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

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

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

Example 3

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

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

Exceptions to the rules

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

In addition, no material benefit arises in cases where an individual disposes of credit funds provided under a credit line on an interest-free basis during the interest-free period established by the credit card agreement ( pp. 1 p. 1 art. 212 Tax Code of the Russian Federation). At the same time, an important condition is the repayment of the entire amount of debt under the credit line before the last day of the interest-free period ( Letter of the Ministry of Finance of the Russian Federation No. 03-05-01-04/286 dated 05.10.05). This rule also applies to the provision of a loan to the holder of a payment card in case of insufficiency or absence of funds in his bank account - an overdraft ( Letter of the Ministry of Finance of the Russian Federation No. 03-00-10/40 dated November 10, 2005).

Reportable funds as a hidden form of loan

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

The fact is that during tax audits, inspectors can qualify the submission of a report as an attempt to disguise a loan agreement ( Decree of the FAS DVO of December 24, 2003 No. Ф03-А51 / 03-2 / 2720). In cases of full expenditure of accountable amounts, representatives of the tax service are unlikely to have such questions. If the money is not fully spent, then everything will depend on how large the balance of the returned amounts is and how often this happens. Situations when the amounts are returned completely unspent are the most controversial, and the decision of the inspector may also depend on how often they occur, as well as on the purposes for which the money was issued under the report. For example, if an employee fails to purchase a rare product that is in high demand, this is a good reason, and the return of accountable amounts issued for the purchase of office supplies looks completely different.

A similar situation may also arise when issuing funds for a business trip of an employee. According to Clause 11 of the Procedure for Conducting Cash Transactions in the Russian Federation approved By letter of the Central Bank dated 04.10.93 No. 18, the issuance of cash against the report on expenses associated with business trips, is made within the amounts due to business travelers. For example, if, following the results of a business trip, out of the issued 50,000 rubles. only 10,000 rubles have been spent, then it is necessary to substantiate, as far as possible, in detail the amount issued to the seconded employee, with an accounting statement-calculation.

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

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

Who pays VAT?

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

If the borrowed funds are received by an individual under a loan agreement concluded with a Russian organization - the source of his income, for which he is recognized as a tax agent, then the borrower, in agreement with this organization, has the right to transfer to it his authority to calculate the tax base and the amount of personal income tax payable. This can be done on the basis of a notarized power of attorney or a power of attorney equivalent to a notarized one in accordance with the civil legislation of the Russian Federation. In this case, the tax agent organization is recognized as an authorized representative of the taxpayer in relations with the tax authorities ( Letter of the Federal Tax Service of the Russian Federation of December 24, 2004 No. 04-3-01/928).

According to the Ministry of Finance of the Russian Federation, when a taxpayer receives this income, an organization (individual entrepreneur) on the basis of Art. 226 Tax Code of the Russian Federation is recognized as a tax agent regardless of the borrower's appeals to the lender or the presence of notarized powers of attorney ( Letter of the Ministry of Finance of the Russian Federation No. 03-05-01-04/78). That is, a person is obliged to calculate, withhold from the taxpayer and pay to the budget the appropriate amount of tax ( letters of the Ministry of Finance of the Russian Federation dated November 14, 2005 No. 03-05-01-04 / 356, 21.11.05 № 03-05-01-04/365 ).

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

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

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

In this case, the taxpayer shall independently calculate and pay personal income tax on the basis of pp. 4 p. 1 art. 228 Tax Code of the Russian Federation in the manner provided for in this article Letter of the Federal Tax Service of the Russian Federation No. 04-3-01/928, Clause 2 Letters of the Ministry of Finance of the Russian Federation of July 12, 2005 No. 03-05-01-04/232).

Selling goods to an employee

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

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

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

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

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

Purchase of securities

If the actual expenses of an individual for the purchase of securities are below their market price, then such a difference will also be a material benefit ( pp. 3 p. 1, paragraph 4 of Art. 212 Tax Code of the Russian Federation). In this case, the market value of securities is determined in the manner prescribed by Decree of FC Central Bank No. 03-52 / ps, taking into account the marginal limit of their price fluctuations - 20% upwards or downwards. It should be noted that this document refers only to equity securities, that is, those circulating on the organized market. The law does not establish a special procedure for determining the market price of securities that are not circulating on it (for example, bills). Thus, there is no material benefit for this category of securities.

The date of receipt by the taxpayer of income in the form of material benefit is the day of acquisition of securities ( pp. 3 p. 1 art. 223 of the Tax Code of the Russian Federation). When calculating the tax base for these incomes, the market value of securities, in the opinion of the Ministry of Finance of the Russian Federation, should be determined on the date of the transaction, since it was on that day that the buyer decided to complete it ( Letter of the Ministry of Finance of the Russian Federation No. 03-05-01-04/11 dated January 26, 2005). The tax on such material benefit can be paid by both the buyer of securities and his authorized representative - the organization that sold these securities.

You can use our calculator to calculate the benefit on loans received before or after 2020 that have a loan repayment date after January 1, 2020. From January 1, 2020, the date of receipt of income in the form of material benefit is considered the last day of each month during the period for which the loan was issued.

The date of repayment of the loan is the day when you received cash at the cash desk or the money was credited to your account. If the loan repayment period has not yet come, set the repayment date under the agreement. The material benefit from savings on interest arises if the company has issued an interest-free loan to an individual or the interest rate on the loan is below 2/3 of the refinancing rate.

If the loan agreement states that it was issued for the purchase or construction of housing and the borrower brought a notice confirming the right to a property deduction for the purchase of this housing.

When it arises, the Parties may not prescribe the amount of interest in the agreement on the issuance of funds.

But, this does not mean that the agreement is completely interest-free.

In this case, the lender has the right to collect interest from the entity equal to the refinancing rate of the Central Bank of the Russian Federation.

The amount of material benefit is subject to personal income tax (Article 210, subparagraph 1, paragraph 1, Article 212 of the Tax Code of the Russian Federation)

How to calculate the material benefit from an interest-free loan

Often situations arise when the agreement signed between the borrower and the lender does not set interest rates on the loan. Not only the tax status of the lender is important for the Tax Office, but also the purpose of the loan.

For example, when credit finance is issued for the purchase of new property, the client is entitled to benefits in the form of a property deduction.

Material benefit is subject to calculation if the loan agreement "appears" not in objects, property, but in masses of money. On the contrary, there is no reason to calculate savings on interest in certain cases: A material benefit is stated when interest rate, established for the use of credit amounts, is less than the current refinancing rate. To calculate the tax base for material benefits, you need to track information from the Central Bank.

Moreover, if individuals are individual entrepreneurs, the tax still has to be paid; conclusion of an agreement between legal entities; if the interest accrued on the loan amount is a penalty for non-compliance with the terms of repayment of the debt established earlier; Loan funds are issued from the state budget. In addition, there are situations in which material benefits arise, but are not taxed.

There are standard formulas for calculating material benefits.

In the absence of interest, the material benefit (MC) is formed on the day the loan is repaid, and under favorable conditions - on the day the interest is paid.

if the rate on a loan, the amount of which is determined in a foreign currency, is less than 9% (para.

2 p. 2 art. 212 of the Tax Code of the Russian Federation).

Article 224 of the Tax Code of the Russian Federation establishes personal income tax rates.

This article says:

1. if the borrower is not a tax resident of the Russian Federation - at a rate of 30% (clause 3 of article 224 of the Tax Code of the Russian Federation).
2. if the borrower is a tax resident of the Russian Federation - at a rate of 35% (clause 2, article 224 of the Tax Code of the Russian Federation);

The amount of material benefit on a loan issued in rubles is calculated according to the formula: MW = SZ x (2/3 x% of the Central Bank of the Russian Federation - %) / 365 (366) x days, where: MW is the material benefit received from savings on interest ; % of the Central Bank of the Russian Federation - the refinancing rate of the Central Bank of the Russian Federation, which was in effect on the last day of the month; % - interest rate on the loan; 365 (366) - the number of days in a year; days - the number of days of using the loan per month.

Typically, a loan to an employee is provided without interest. Accounting, as well as the tax consequences of such a transaction, will be discussed in this article.

Usually, when it comes to the provision of funds for temporary use on behalf of an organization, synthetic and analytical accounting for such loans and borrowings is kept on account 58 “Financial investments”.

Today May 9, 2020 20:33 There was a partial repayment of the loan Enter the latest interest payment date, if it is before 2020, and the amount of the loan outstanding at that date Enter the actual loan repayment dates and the balance of the loan after repayment on these dates dates starting from the last repayment of the loan in the period up to 2020.

Material benefits are exempt from taxation if two requirements are met (para.

1 p. 1 art. 212 of the Tax Code of the Russian Federation): Benefit from savings on interest is recognized: When obtaining a loan in foreign currency, the borrower receives a material benefit subject to personal income tax, if (para. Information related to income in the form of material benefit from the loan and personal income tax from it must be reflected:

• in certificate 2-NDFL (material benefit from savings on interest corresponds to code 2610 (Appendix No. 1 to the Order of the Federal Tax Service of September 10, 2015 No. ММВ-7-11 /);
• in the calculation in the form 6-NDFL.

How to calculate the material benefit on an interest-free loan?

Most often, it occurs when concluding transactions between related legal entities.

1. Does the borrower have another object of taxation when calculating income tax?
2. How to calculate the income formed in the form of savings on interest in this case?

The position of the Ministry of Finance in these matters is ambiguous.

On the one hand, any economic benefit is recognized as income. On the other hand, this benefit is difficult to assess.

For more information about the conditions for obtaining a loan from the CPC, click here. Circumstances of concessional lending do not always arise.

Material benefit should not be subject to accounting in the accounting department of the enterprise in several cases:

1. when the purpose of the loan is the acquisition (construction) of housing by an individual: apartments, rooms, houses, land for individual housing construction;

1. when restructuring debt, the purpose of which is, again, the purchase of housing;
2. when the loan is not given within the framework of entrepreneurial activity and the lender under the agreement is an individual;
3. if under the contract not money, but things are transferred.

The status of a tax agent for individuals does not always arise.

Calculation of material benefits in 2020 calculator

Now, in order to recognize it as taxable income, it must be received: either from an employer (organization, entrepreneur); or from an interdependent person (organization, entrepreneur); or as financial assistance; or in the form of repayment by an organization or entrepreneur of an obligation to an individual - the borrower.

Financial Benefit 2020 Calculator

Benefits of a loan

Such income in most cases is subject to tax, which must be calculated and paid to the tax office. The reason for introducing such a norm into the legislation was the policy of some companies on tax evasion: registration of salaries in the form of interest-free loans, signing a loan agreement for relatives, etc.

Saving money when applying for a loan in national currency can occur when:

1. interest-free loan;
2. a loan with interest less than 2/3 of the bank refinancing rate in the given territory.

When borrowing in foreign currency, profit arises during an interest-free agreement and an agreement with a rate of less than 9% per annum.

Material benefit can only arise from cash loans.

In the case of a property loan, it is not determined.

Calculation of personal income tax from material benefits received from savings on interest on loans in 2020

In accordance with paragraphs. 1 p. 1 art. 212 of the Tax Code of the Russian Federation, an organization is obliged to calculate personal income tax from material benefits received from savings on interest when providing a loan (including interest-free) to an individual: if the rate on a loan, the amount of which is determined in rubles, is less than 2/3 of the refinancing rate (key rate) of the Central Bank RF (pp.

Calculation of material benefits on an interest-free loan in 2020 (example)

Material benefit appears when signing an agreement on the transfer of borrowed funds in the event that the money is issued without interest or on preferential terms. Sometimes, when drawing up a loan agreement, a rate may be set that takes into account the level of inflation.

As a rule, it is lower than the refinancing rate by about 2/3.

1. in the absence of accruals of interest on borrowed funds;
2. when issuing loans in foreign currency, if the rate does not exceed 9%.
3. at a minimum rate not exceeding 2/3 of the refinancing rate;

Please note: material benefit arises only if funds are transferred under the contract.

1. conclusion of an agreement between individuals.

Calculation of material benefits in 2020 calculator

You can use our calculator to calculate the benefit on loans received before or after 2020 that have a loan repayment date after January 1, 2020.

How to calculate the mat benefit on an interest-free loan issued in 2020

The Federal Tax Service has edited the control ratios of the VAT declaration indicators.

This is due to the entry into force of the order that amended the VAT reporting form.

From January 1, 2020, material benefits must be determined on the last day of each month, starting from January 31, 2020, the date of partial repayment of borrowed funds coincides with the date of salary payment.

Calculation of material benefits from interest on a loan and personal income tax

To calculate the material benefit when saving on interest on borrowed funds, use the key rate of the Central Bank.

As of September 19, 2020, it was 10 percent. Calculation example. And withhold personal income tax at a rate of 35 percent.

Material benefit does not arise if the loan agreement indicates that the loan was granted for the purchase or construction of a specific housing, and the borrower brought a notification from the Federal Tax Service Inspectorate confirming the right to a property deduction for the purchase of this housing.

How to calculate the material benefit from an interest-free loan in 2020

If the owner lends money to his firm, the member and the limited liability company are in a loan relationship. Very often, the owners "loan" from their own company, taking out interest-free loans, which are then not repaid for many years. So far, there have been no tax consequences from this.

Everything will change in the new year. New rules will come into force, according to which it will no longer be possible to use such loans free of charge - even if the interest rate on them is zero. Now, for using an interest-free or low-interest loan, you will have to pay personal income tax. The Federal Tax Service of the Russian Federation in its letter dated November 23, 2019 No.

No. BS-4-11/ gave an example of filling out the calculation of 6-NDFL. If an employee was given a loan on favorable terms, determine what the material benefit will be, calculate personal income tax, explain to the employee how much and for what it will be withheld. We'll tell you how to do it.

Personal income tax calculator with material benefits on a loan

Today May 30, 2020 13:42 There was a partial repayment of the loan Enter the last interest payment date, if it is before 2020, and the amount of the loan outstanding at that date Enter the actual loan repayment dates and the balance of the loan after repayment on these dates dates starting from the last repayment of the loan in the period up to 2020.

(if any) Enter the maturity dates of the loan and the outstanding loan balance on those dates Enter the loan repayment dates after 1 January 2020 and the outstanding loan balance on those dates Enter the loan repayment dates and the outstanding loan balance on those dates Enter the latest interest payment date if it falls on the period until 2020. Since 2020, the procedure for taxing personal income tax on material benefits on loans has changed (clause 1, clause 1, article 212 of the Tax Code of the Russian Federation (as amended, effective

Tax Code of the Russian Federation income of an individual in the form of material benefits are included in the tax base for personal income tax.

Features of the calculation of the tax base when receiving income in the form of material benefits are established by Art. 212 of the Tax Code of the Russian Federation.

One of the types of material benefit subject to personal income tax is the material benefit from savings on interest for the use by the taxpayer of borrowed (credit) funds received from organizations or individual entrepreneurs. However, there are exceptions in which material benefits are exempt from personal income tax (see Chart 1).

The specified exemption applies even if the taxpayer, for whatever reason, did not use the property deduction for the acquired property (letter of the Ministry of Finance of Russia dated September 4, 2009 No.

In this case, the court may establish other cases (clause 7 of article 105.1 of the Tax Code of the Russian Federation);

2) goods (works, services) were sold to the taxpayer at a lower price (clause 3, article 212 of the Tax Code of the Russian Federation).

In general, this material benefit is subject to personal income tax.

Personal income tax on material benefits received when purchasing goods (works, services) from a person who is interdependent in relation to the taxpayer is calculated on the day of their purchase according to the following formula (clause 2, clause 1, clause 3, article 212, clause 3, clause 1 article 223, paragraph 1, 3 article 224 of the Tax Code of the Russian Federation):

For a tax resident of the Russian Federation:

Personal Income Tax \u003d (Cost of goods (works, services) under normal conditions - Cost of goods (works, services) for the taxpayer) X 13%;

For a tax non-resident of the Russian Federation:

Personal income tax = (Cost of goods (works, services) under normal conditions - Cost of goods (works, services) for the taxpayer) X 30%;

There are no special deadlines for paying tax on material benefits when acquiring goods (works, services) from an interdependent person. The same payment terms apply as provided for the transfer of personal income tax from material benefits from savings on interest.

The individual entrepreneur is engaged in the retail sale of upholstered furniture.

Financial benefit from savings on interest 2020 employee quit

Tax Code of the Russian Federation excessively deducted by the tax agent from the taxpayer's income the amount of personal income tax is subject to return by the tax agent on the basis of a written application of the taxpayer.

Personal income tax from material benefits in the form of a loan from organizations or individual entrepreneurs

Often, when obtaining loans from individuals, banks or employers, citizens receive material benefits from savings on interest, which is the taxable income of an individual - a personal income tax payer.

Civil legal basis of the loan

The relationship of the parties under the loan agreement is governed by § 1 "Loan" of Chapter 42 "Loan and Credit" of the Civil Code of the Russian Federation.

Under a loan agreement, one party (the lender) transfers money or other things defined by generic characteristics into the ownership of the other party (the borrower). 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.
1 st. 807

The loan agreement is considered concluded from the moment of transfer of money or other things. Foreign currency and currency values ​​can also be the subject of a loan agreement on the territory of the Russian Federation in compliance with the rules of Art.

Registration of the contract

If the borrower is a citizen

Features of granting a loan at interest to a borrower-citizen for purposes not related to entrepreneurial activity are established by laws (clause 3 of article 807 of the Civil Code of the Russian Federation).

If the loan amount between citizens exceeds at least 10 times the minimum wage established by law, then the contractual relationship between the lender and the borrower is drawn up in a written form of the contract.

And the taxable income from a loan in foreign currency is calculated taking into account the rate of 9% per annum.

As a general rule, material benefits are subject to personal income tax at a rate of 35% (clause 2 of article 224 of the Tax Code of the Russian Federation), paid no later than the first business day following the day the tax was withheld.

The rules for calculating and paying tax on material benefits from savings on interest-free loans do not fundamentally differ from the rules for similar interest-bearing loans in rubles and foreign currency.

The amount of the tax rate for personal income tax from material benefits from savings on interest on a loan

The amount of the tax rate for personal income tax, which is applied to the material benefit from savings on interest, depends on the tax status of the individual - the recipient of such income (clauses 2, 3 of article 224 of the Tax Code of the Russian Federation):

for a tax resident of the Russian Federation - 35%;

for a tax non-resident of the Russian Federation - 30%.

Terms of payment of personal income tax from material benefits on interest

The transfer deadline is no later than the first business day following the day the tax was withheld (clause 7, article 6.1, clause 6, article 226 of the Tax Code of the Russian Federation).

Withholding day - the date of the next payment to an individual of funds. At the same time, no more than 50% of the amount of income in cash should be withheld.
4 tbsp. 226 of the Tax Code of the Russian Federation).

If the organization does not have the opportunity to withhold personal income tax during the tax period, then it is necessary to inform the taxpayer and the inspection in accordance with paragraph 5 of Art. 226 of the Tax Code of the Russian Federation, having issued a certificate 2-NDFL.

The list of types of state control under which a risk-based approach is applied has been expanded.

Interest-free employee loan in 2020

the profit on interest-free loans is calculated according to the formula (subclause 1, clause 1, clause 2, article 212 of the Tax Code of the Russian Federation): The number of days for using the loan is calculated:

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

If the loan is issued at interest, but the interest rate under the agreement is less than 2/3 of the key rate of the Central Bank, then the benefit is calculated according to the following formula (subclause 1, clause 1, clause 2, art.

Refinancing rate

From January 1, 2016, the Bank of Russia does not set an independent value of the refinancing rate; it is equated to the value of the key rate of the Bank of Russia, determined on the corresponding date (Instruction of the Bank of Russia dated December 11, 2015 No.

2 p. 4 art. 328, paragraph 6 of Art. 250, p.

6 art. 271 of the Tax Code of the Russian Federation). If debt forgiveness is formalized by an agreement: If the unreturned loan amount is formalized by a gift agreement: Thus, it is more profitable for both the employer and the employee to terminate obligations under the loan agreement through a gift agreement.

Material benefit on an interest-free loan 2020 posting year

the company puts itself in a risky position, since the founder is a priori an interdependent person, which means that the controllers will take control of such a transaction.
Therefore, the tax consequences in 2020 will depend on how the tax authorities qualify the interest-free provision of funds.

In fact, having received an interest-free loan from the founder. Interest on issued loans is calculated according to the income accounting method.

For this, accounting entries are used. The loan disbursement must be processed in a special way.

The income of an individual in the form of material benefit is taken into account when determining the tax base for personal income tax, along with other income of the taxpayer (clause 1, article 210 of the Tax Code of the Russian Federation). which are subject to return by the employee on 04/18/2019.

The note: if you receive (or intend to receive) a tax deduction from your employer, then you only need one notice to receive a deduction and exemption from tax on material benefits.

Example: Humpback G.G.

issued a bank loan of 4.5% per annum for the purchase of a land plot and further construction of a residential building on it.

On approval of the Regulations on the establishment of measures to prevent the emergence of a conflict of interest in relation to officials of federal executive bodies involved in the process of regulation, control and supervision in the field of compulsory pension insurance, officials of the Pension Fund of the Russian Federation and members of the Public Council for investing pension savings” it is stated that material benefit is an economic benefit in cash or in kind, which can be assessed and determined as income in accordance with the tax legislation of the Russian Federation.

The principles for determining income for tax purposes are enshrined in Art. 41 of the Tax Code of the Russian Federation, which defines income as an economic benefit in cash or in kind, taken into account if it is possible to assess it and to the extent that such benefit can be assessed, and determined (in the context of this article) in accordance with Chapter 23 "Tax on personal income” of the Tax Code of the Russian Federation.

Therefore, from the point of view of personal income tax, material benefit should be understood as the economic benefit of an individual, which can be recognized as his income if the following conditions are met:

to be received in cash or in kind; its size can be estimated; it can be determined in accordance with the rules of Chapter 23 of the RF Tax Code.

When material benefit is exempt from personal income tax

Based on paragraph 1 of Art.
Federal Law “On Amendments to Parts One and Two of the Tax Code of the Russian Federation in order to increase the responsibility of tax agents for non-compliance with the requirements of legislation on taxes and fees”.

Therefore, the tax agent must determine the material benefit of the taxpayer and calculate the amount of personal income tax from it on the last day of each month during the entire period of use of borrowed funds by an individual (letter of the Federal Tax Service of Russia dated November 23, 2016 No. BS-4-11/22246@).

In this case, the employee has a material benefit from savings on interest, since 4%