Accounting entries on dividends to founders. Tax on dividends, personal income tax, accrual, transactions, kbk
Today, the legislation covers in sufficient detail the issue of accruing dividends, as well as generating income from this type of activity.
But at the same time, one should not forget about the many nuances associated with this activity. First of all, about the need to make appropriate contributions to the state for income of this kind.
A dividend payer is, in fact, a tax agent. Therefore, it is required to appropriately reflect all transactions with postings.
Highlights
Today, many enterprises, companies are joint stock companies. They issue shares (securities), in the presence of which a specific physical / legal entity has the right to receive some income.
Moreover, the date of receipt and size depends on many different factors - the type of shares, the date on which they began to be held, and many others.
There are specialized documents that determine the date of receipt of income. It is important to remember that the accrual of dividends to employees of the organization is reflected in the entry in accounting.
This rule is very important to observe in all cases. Otherwise, there is a high probability of various kinds of difficulties with the tax service.
Before answering the question, what kind of accounting record means the accrual of dividends to shareholders, you should familiarize yourself with some fundamental points. These include the following:
- what it is?
- who can be the owner?
- the legislative framework.
Thus, it will be possible to avoid difficulties and problems in reporting.
What it is?
Income from shares is a dividend - they are understood as certain percentages of the company's income for any reporting period (quarter, etc.).
Dividends are recorded in accounting with special entries.
Moreover, in this particular case, the term “posting” means a record in documents or in a special database on a computer about the current and future state of an object.
Wiring always includes two main components (required):
- debit account;
- credit account.
Also, the characteristic component of a specific action must be indicated in the wiring. This may be, for example, quantity or quality.
If dividends act as an accounting object, then when accounting for them, a more detailed analytical identifier is used. The purpose of income, the counterparty, is always indicated.
Keeping records of dividend payments has many features and difficulties. You should familiarize yourself with them in advance to avoid mistakes.
If, during the audit, tax officials find any errors, this may lead to an appointment.
Auditors often find many errors in accounting even bona fide taxpayers. Therefore, you should not attract the attention of the Federal Tax Service once again.
Who can be the owner
If all the shares of any company are owned by a single founder, then he will be the recipient of this income. In all other cases, it is required to focus on a special federal law.
According to this regulatory document, dividends can be received by persons who hold shares as of the date of the special calendar. There are some important rules.
These include the date of determination of the recipients:
Directly the owners of shares that allow to receive any dividends can be individuals / legal entities.
But regardless of the legal status of the owner, the tax agent will still be the company that pays the dividends. This point is highlighted in the regulatory framework in this regard.
The legislative framework
Anyone who has anything to do with the payment of dividends should familiarize themselves with the legislation in force in this regard.
The list of regulatory documents governing this moment is relatively small. Nevertheless, it is worth carefully reading all of them.
Holders of shares, accountants and other officials need to study the following NAPs:
- Federal Law No. 208-FZ Ch. V:
All the federal laws indicated above are not independent regulatory acts.
They only carry out additions, edit his articles.
That is why when performing a variety of actions, you should focus on this particular document.
It is also worth considering when posting. This document explains in sufficient detail what exactly is considered an expense.
Accounting Postings for Dividend Payments
Dividends may be paid to a wide variety of individuals. Moreover, some of them may not only be shareholders of the company, but also its employees, founders.
So, being employees, it will be necessary to transfer income by special posting.
There are many nuances associated with financial statements. Today, payments can be made to the following:
- founders of the enterprise;
- to shareholders;
- not employees of the organization;
- accrual examples.
For all three categories indicated above, the postings are different. An accountant or other accounting official should be aware of this.
If you violate any fundamental rules, there is a high probability of problems with the Federal Tax Service.
Company founders
Typically, founders of an enterprise are accrued on preferred cumulative shares.
It is important to remember that the decision on net profit must be taken only at the meeting of the founders - if there are several.
If the founder is alone and at the same time he needs to receive dividends, then he can independently issue an appropriate order. And on the basis of it to get your income.
In this case, this procedure will need to be reflected in the accounts department with the following entries:
The above designated transactions simply reflect the accrual of income itself. But at the same time, dividends received by individuals represent virtually ordinary income.
It is necessarily taxed at a rate of 13% on personal income. Transfers to the state budget are also required to be reflected accordingly in postings.
They look like this:
It must be remembered that dividends can be paid to the founder not only in cash, but also in kind. Be sure to consider this moment.
Since such income is necessarily taxed at 13% and is also reflected in the financial statements. The reporting process is carried out in a similar way.
To shareholders
When accruing dividends to ordinary shareholders who have acquired shares of an enterprise through an exchange, it is important to correctly reflect this procedure in accounting. It has features, nuances.
Therefore, it is best for those responsible for implementing the procedure under review to familiarize themselves with the reports already prepared using an example.
This way you can avoid making the most common mistakes. Some of them can be fined.
If dividends are issued to shareholders in the case under consideration in cash and in kind, then an example of transactions will look like this:
D | Set | Name of operation, account |
75 | 50 | “Settlements with the founder” - the dividend payment procedure itself is indicated |
75 | 90 | Reflects the income from the sale of finished products |
90 | 43 | The cost of ready-to-sell products is fully written off - which is transferred as a dividend |
90 | 68 | The procedure for calculating VAT is indicated. |
75 | 68 | The deduction of personal income tax in the amount of 13% is indicated |
70 | 68 | Withholding tax on personal income from profits received by the founder |
75 | 68 | This transaction withholds tax on profits of the founder, which at the time of receipt of income is not his employee / employee |
70 | 68 | This operation deducts personal income tax from the income of a shareholder, who is also a founder at the same time. |
76 | 68 | Profit tax is deducted from the income of the founder |
Non-Organization Employees
But more often than not, it is required to carry out transactions on profit accrual operations in the form of dividends to persons who are employees of the organization.
In this case, you must necessarily open a sub-account No. 75-2. It opens in addition to account No. 75. At the same time, it is also strictly necessary to use account No. 70 “Payments with personnel for pay”.
This procedure has its own nuances, therefore it is best to deal with all of them in advance using an example:
It is important to remember the significant differences between postings for employees and non-employees. Both accounts and credit / debit differ.
The presence of discrepancies may cause problems with the Federal Tax Service.
Video: dividends
Errors in this segment of taxation may serve as a signal to the Federal Tax Service about an attempt to evade payment of taxes.
Similar schemes are currently quite common. This is especially common with.
Accrual example
Posting numbers in general are almost always standard. Therefore, you can always carry out accounting on the model.
It is quite simple. Especially if you use any specialized software - 1C: Accounting or other similar.
Dividend calculation example:
Sergey Razgulin, State Councilor of the Russian Federation, 3rd class
A dividend is understood as any income received by a shareholder (participant) in the distribution of profit (in proportion to its share)
Accounting
To reflect dividend payments in accounting, use:
- separate subaccount 75-2 “Settlements with founders on the payment of income”;
- account 70 “Settlements with personnel for remuneration”.
Use a separate subaccount to account 75 for settlements with the founding organizations and with the founding citizens who are not members of the organization (i.e., those with whom an employment contract has not been concluded). When accruing dividends to the founders - employees of the organization, use account 70. These are the requirements of the Instructions for the chart of accounts (accounts 70 and 75).
In accounting, accrual of dividends both for the year and for the reporting period (quarter, six months, nine months), reflect one of the following transactions:
Debit 84 Credit 75-2
- accrued dividends to the organization or to a person who is not an employee of the organization;
Debit 84 Credit 70
- dividends are accrued to the person who is an employee of the organization.
Make these notes on the day when the general meeting of shareholders (participants) decided to pay dividends (paragraph 10 of PBU 7/98).
Example of reflection in accounting of dividends accrued to people
According to the results of 2013, Alpha CJSC received a net profit of 266,000 rubles. On March 5, 2014, the general meeting of shareholders decided to send this amount to the payment of dividends.
The authorized capital of the company is divided into 100 ordinary shares. Of these, 60 shares belong to the director of Alpha A.V. Lviv, and 40 shares - to the citizen of Iraq R. Smith (not an employee of Alpha).
Debit 84 Credit 70
Debit 84 Credit 75-2
Withholding tax on dividends in accounting reflect one of the following entries:
- PIT withheld from income to a person who is not an employee of the organization;
- PIT withheld from income of a person who is an employee of the organization;
- Withholding income tax on the organization’s income.
An example of reflection in accounting for personal income tax from dividends accrued to people
According to the results of 2013, Alpha CJSC received a net profit of 266,000 rubles. Alfa did not receive income from equity participation in other organizations.
On March 5, 2014, the general meeting of shareholders decided to direct all profits (266,000 rubles) to dividends. The authorized capital of the company is divided into 100 ordinary shares. Of these, 60 shares belong to the director of the organization A.V. Lvov, 40 shares - to Iraqi citizen R. Smith (he is not a tax resident of Russia and an employee of Alpha).
Dividends to founders paid on March 26, 2014. Lviv received dividends at the cash desk of the organization, and Smith - to his bank account.
The Alpha accountant made such entries.
Debit 84 Credit 70
- 159,600 rubles. (266,000 rubles: 100 shares × 60 shares) - dividends were accrued to Lviv;
Debit 84 Credit 75-2
- 106,400 rubles. (266,000 rubles: 100 shares × 40 shares) - dividends were accrued to Smith.
Debit 70 Credit 68 sub-account "Calculations on personal income tax"
- 14 364 rub. (159,600 rubles. × 9%) - withheld from personal income tax from Lviv income;
Debit 75-2 Credit 68 subaccount "Calculations on personal income tax”
- 15 960 rub. (106,400 rubles. × 15%) - withheld from personal income tax from Smith's income (an agreement on the avoidance of double taxation on personal income tax has not been concluded between Russia and Iraq);
Debit 70 Credit 50
- 145,236 rubles. (159,600 rubles - 14,364 rubles) - dividends were issued to Lviv;
Debit 75-2 Credit 51
- 90 440 rub. (106,400 rubles - 15,960 rubles) - Smith's dividends are listed.
The order of reflection in accounting of operations on the payment of dividends depends on the form in which the payment is made.
If dividends are paid in money, then in accounting, make the posting:
Debit 75-2 (70) Credit 51 (50)
- paid dividends in cash.
If property is transferred for the payment of dividends, then the procedure for recording these operations in the accounting depends on the type of property transferred.
When issuing dividends with finished products or goods, make the following entries:
Debit 75-2 (70) Credit 90-1
- reflected the proceeds from the transfer of finished products (goods) on account of the payment of dividends;
Debit 90-2 Credit 43 (41)
- written off the cost of finished products (goods) transferred to pay dividends;
Debit 90-3 Credit 68 subaccount "Calculations for VAT"
If other property (materials, fixed assets) is transferred to pay dividends, then make the entries:
Debit 75-2 (70) Credit 91-1
- the property was transferred in payment of the due dividends;
Debit 91-2 Credit 10
- the cost of materials transferred as a dividend payment has been written off;
Debit 01 subaccount "Retirement of fixed assets" Credit 01
- reflected the initial (replacement) value of the transferred fixed assets;
Debit 02 Credit 01 sub-account “Retirement of fixed assets”
- written off depreciation on the transferred fixed assets accrued over the period of its operation;
Debit 91-2 Credit 01 subaccount "Retirement of fixed assets"
- reflects the residual value of the transferred fixed assets;
Debit 91-2 Credit 68 subaccount "Calculations for VAT"
- VAT is charged (if the property transferred as a dividend payment is taxed).
This procedure follows from the instructions to the chart of accounts (accounts 01, 10, 41, 43, 91)
Taxes and fees
The taxation of dividends depends on a number of factors:
- recipient status:
- person - resident or non-resident;
- organization - Russian or foreign; - source of payment - from a Russian or foreign organization;
- type of dividend payment - from participation in the authorized capital of the organization or on shares;
- did the tax agent receive dividends from equity participation in other organizations.
It is necessary to pay taxes on income in the form of dividends:
- Personal income tax - from payments to a person;
- income tax - from organization payments.
Insurance premiums
When paying dividends, you do not need to accrue:
Depending on the conditions for receiving dividends, either the recipient of such income or a tax agent must pay the tax.
Personal income tax
A resident receiving dividends is recognized as a personal income tax payer. Non-residents are also required to pay tax, but only upon receipt of dividends from Russian organizations. At the same time, a tax agent is often required to calculate, withhold and pay personal income tax to the budget. And only when the income is received by the resident from a source abroad (a foreign organization), the recipient must calculate and pay the tax.
Situation: what period should be taken into account in order to determine the tax status of a person calculating personal income tax on dividends - the year for which dividends are accrued to him, or the year when dividends are paid to him
A tax resident is a person who is actually in the territory of Russia for 183 calendar days or more for the next 12 consecutive months (paragraph 2 of article 207 of the Tax Code of the Russian Federation). The income from which the organization must withhold personal income tax is generated from the person at the time of payment of dividends (subparagraph 1, paragraph 1 of article 223 of the Tax Code of the Russian Federation). Therefore, to determine whether he is a tax resident or not, you need to consider 12 consecutive months preceding the actual payment of dividends. A similar point of view is supported by the Ministry of Finance of Russia in a letter dated October 9, 2007 No. 03-04-05-01 / 326.
An example of determining the tax rate for calculating personal income tax on dividends
According to the results of 2013, Alpha CJSC received a net profit. On March 4, 2014, the general meeting of shareholders decided to send the entire amount of the net profit received to pay dividends. In the same month (March 24), dividends were paid.
During the next 12 consecutive months preceding the payment of dividends (from March 24, 2013 to March 25, 2014), one of the shareholders - A.S. Kondratiev - went on business trips.
The period of stay abroad was:
- in April - 13 days;
- in May - 16 days;
- in June - 19 days;
- in July - 20 days;
- in August - 18 days;
- in September - 24 days;
- in October - 15 days;
- in November - 17 days;
- in December - 22 days.
In January 2013, Kondratiev left Russia for an international conference. The period of stay abroad is 16 days.
In February 2013, Kondratiev left Russia for treatment. The period of stay abroad is 24 days.
In total, over the past 12 months preceding the payment of dividends, Kondratyev spent 180 days abroad (13 days + 16 days + 19 days + 20 days + 18 days + 24 days + 15 days + 17 days. + 22 days. + 16 days.). The period of Kondratiev’s stay in Russia is not interrupted for the periods of his departure abroad for treatment.
The duration of his stay in Russia is 186 calendar days (365 days - 180 days). This period is more than 183 calendar days, so Kondratiev is recognized as a tax resident of Russia. From the dividends accrued to him for 2013, the Alpha accountant calculated personal income tax at the rate of 9 percent.
The resident must calculate and pay personal income tax only on dividends received from a foreign organization. The tax he needs to calculate at a rate of 9 percent. At the same time, he can reduce personal income tax by the amount of tax paid at the location of the foreign organization. He can use this right only if Russia has entered into a double tax treaty with this country. In this case, the calculation of personal income tax by a resident from dividends from foreign organizations is carried out according to the formula:
If the amount of tax paid at the location of the foreign organization exceeds the amount of personal income tax, it is impossible to compensate the difference from the budget.
This procedure is established by the provisions of subparagraph 1 of paragraph 3 of Article 208, paragraph 1 of Article 209, paragraphs 1 and 2 of Article 214 of the Tax Code of the Russian Federation.
If the Russian organization is the source of dividend income, the tax agent must calculate and pay personal income tax.
It is necessary for a tax agent to determine personal income tax on dividends separately for each taxpayer and for each payment. This is established in paragraphs 2 and 3 of Article 214 of the Tax Code of the Russian Federation.
When calculating personal income tax, the tax agent must apply the following rates:
- 9 percent - when paying dividends to a resident;
- 15 percent - when dividends are paid to a non-resident (unless a different rate is established by international double tax treaties);
This is established by the provisions of Article 7, paragraphs 2 and 3 of Article 214, paragraph 2 of paragraph 3, paragraph 4 and paragraph 6 of Article 224 of the Tax Code of the Russian Federation.
The Russian agent, the source of payment, will be the tax agent on income in the form of dividends from equity participation in the authorized (joint-stock) capital (fund). This follows from the provisions of paragraph 1 of Article 226 of the Tax Code of the Russian Federation.
Personal income tax withholding at the rate of 9 percentWhen calculating personal income tax on dividends paid to a resident, apply the rate of 9 percent. When calculating the tax, consider whether your organization, the tax agent, received dividends from other organizations. Check if the following conditions are met:
- earlier, when calculating personal income tax on dividends accrued to Russian organizations, dividends received were not yet taken into account.
The calendar year (reporting period) in which dividends are distributed should be considered the current tax (reporting) period. The year preceding it (reporting period) will be the previous one.
The tax period for the purposes of calculating income tax is a calendar year. Reporting periods are I quarter, six months, nine months of the current year. For organizations that calculate monthly advance payments based on the actual profit received, the reporting period is the month, two months, three months, and so on until the end of the calendar year. This follows from the provisions of Article 285 of the Tax Code of the Russian Federation. The tax period for personal income tax is a calendar year (no reporting periods have been established) (Article 216 of the Tax Code of the Russian Federation).
Thus, the current tax (reporting) period should be considered the calendar year (reporting period) in which dividends are distributed. And the previous one is the year preceding it (reporting period).
So, for the purposes of calculating income tax on a quarterly basis when distributing dividends in the II quarter of 2014 according to the results of the I quarter of 2014, the current reporting period will be the first half of 2014, and the previous reporting period will be the first quarter of 2014. When distributing dividends in 2014 according to the results of 2013, the previous tax period will be 2013, the current tax period will be 2014 until the distribution of dividends.
A similar conclusion can be drawn from the letters of the Ministry of Finance of Russia dated October 29, 2010 No. 03-03-06 / 2/187, dated November 21, 2008 No. 03-03-07 / 35, and the Federal Tax Service of Russia dated June 10, 2013 No. ED -4-3 / 10475.
This procedure follows from the provisions of paragraph 3 of Article 214 and paragraph 5 of Article 275 of the Tax Code of the Russian Federation.
An example of calculating personal income tax on dividends accrued to founders. The organization did not receive income from equity participation in other organizations
According to the results of 2013, Alpha CJSC received a net profit of 266,000 rubles. On March 5, 2014, the general meeting of shareholders decided to send this amount to the payment of dividends. Alfa did not receive income from equity participation in other organizations.
Alpha's authorized capital is divided into 100 ordinary shares. Of these, 60 shares belong to the director of Alpha A.V. Lviv, and 40 shares - to Iraqi citizen R. Smith (not a tax resident of Russia and an employee of Alpha).
Debit 84 Credit 70
- 159,600 rubles. (266,000 rubles: 100 shares × 60 shares) - dividends were accrued to Lviv;
Debit 84 Credit 75-2
- 106,400 rubles. (266,000 rubles: 100 shares × 40 shares) - dividends were accrued to Smith.
The amount of personal income tax on dividends charged to Lviv is:
159 600 rub. × 9% \u003d 14 364 rub.
Russia and Iraq did not conclude an agreement on the avoidance of double taxation on personal income tax. Therefore, the amount of personal income tax on income accrued to Smith is:
106 400 rub. × 15% \u003d 15 960 rub.
If the above conditions are met, then the NFDL from the dividends accrued to the resident, calculate according to the formula:
When determining the indicator "dividends received by the organization from equity participation", consider dividends minus the previously withheld tax (letter of the Ministry of Finance of Russia dated February 6, 2008 No. 03-03-06 / 1/82). Take into account dividends received both from Russian organizations and from foreign organizations, provided that they are not taxed at the rate of 0 percent (letters of the Ministry of Finance of Russia dated October 31, 2012 No. 03-08-05 and dated February 19, 2008 No. 03 -03-06 / 1/114).
This is provided for in paragraph 6 of Article 226 of the Tax Code of the Russian Federation
Situation: when it is necessary to pay personal income tax to the budget from dividends, if dividends were transferred to the bank or by postal order for subsequent cash payment
The date of actual receipt of income in this case is the day the dividends are transferred to the founder. Such a conclusion can be drawn from subparagraph 1 of paragraph 1 of Article 223 of the Tax Code of the Russian Federation.
Thus, transfer the amount of tax withheld to the budget no later than the day following the day the dividends are transferred to the bank or the day the mail order is sent. This follows from paragraph 6 of Article 226 of the Tax Code of the Russian Federation.
Similar clarifications are contained in the letters of the Ministry of Finance of Russia dated February 25, 2013 No. 03-04-06 / 5296, dated November 2, 2007 No. 03-04-06-01 / 375.
Withholding personal income tax at a rate of 15 percent
When calculating personal income tax on dividends paid to non-residents, apply the rate of 15 percent. Use this rate provided that the agreement on avoidance of double taxation with a foreign state does not establish other rates. The list of existing bilateral international treaties of Russia on the avoidance of double taxation is given in the table.
The amount of tax on dividends accrued to a non-resident person, calculate by the formula:
Such rules are provided for in paragraphs 3 and 4 of Article 214, paragraph 3 of Article 224, paragraph 6 of Article 275 of the Tax Code of the Russian Federation.
An example of calculating personal income tax on dividends accrued to citizens. The organization received income from equity participation in other organizations
According to the results of 2013, Alpha CJSC received a net profit of 266,000 rubles. It includes income from equity participation in other organizations in the amount of 150,000 rubles.
In March 2014, the general meeting of shareholders decided to direct the entire amount of the net profit (266,000 rubles) to dividends. The authorized capital of the organization is divided into 100 shares. Of these, 60 shares belong to the director of Alpha A.V. Lviv, and 40 shares - to Iraqi citizen R. Smith (not a tax resident of Russia and an employee of Alpha).
The Alpha accountant made the following entries:
Debit 84 Credit 70
- 159,600 rubles. (266,000 rubles: 100 shares × 60 shares) - dividends were accrued to Lviv;
Debit 84 Credit 75-2
- 106,400 rubles. (266,000 rubles: 100 shares × 40 shares) - dividends were accrued to Smith.
Personal income tax on the income of founders accountant "Alpha" calculated as follows:
- from the income of Smith (non-resident):
106 400 rub. × 15% \u003d 15 960 rub. (Russia and Iraq did not conclude an agreement on the avoidance of double taxation on personal income tax);
- from the income of Lviv (resident):
(266,000 rubles × 60%: 266,000 rubles) × (266,000 rubles - 150,000 rubles) × 9% \u003d 6,264 rubles.
Keep the amount of tax when paying dividends (Clause 4 of Article 226 of the Tax Code of the Russian Federation).
Transfer personal income tax to the budget no later than:
- the day the bank receives the money to pay dividends;
- the day of transfer of dividends to the account of the participant, (shareholder) or third parties on his behalf;
- the day after the actual deduction when paying dividends from revenue.
This is provided for in paragraph 6 of Article 226 of the Tax Code of the Russian Federation.
Withholding personal income tax at a rate of 30 percentPersonal income tax on dividends on shares of Russian organizations should be withheld at a rate of 30 percent only in a special case. This must be done if information is not provided about people whose rights to such shares are recorded on a custody account:
- depository programs.
This procedure is established in paragraph 6 of Article 224 of the Tax Code of the Russian Federation.
The depositary will not have to fulfill the duties of a tax agent only if payments to a person have been made by a management company operating in the interests of a mutual investment fund.
Such a restriction is established in subparagraph 7 of paragraph 2 and paragraph 3 of Article 226.1 of the Tax Code of the Russian Federation
Keep the amount of tax when paying dividends (Clause 4 of Article 226 of the Tax Code of the Russian Federation).
The amount of personal income tax withheld must be transferred to the budget no later than one month from the earliest of the following dates:
- the end of the relevant tax period;
- the expiration of the last one by the start date of the contract, on the basis of which the tax agent makes payment to the taxpayer of the income in respect of which it is recognized by the tax agent;
- cash payments (transfer of securities).
This procedure follows from the provisions of paragraph 4 of Article 214 and paragraph 9 of Article 226.1 of the Tax Code of the Russian Federation.
Payment to an entrepreneurial shareholder
Situation: whether it is necessary to withhold personal income tax when paying dividends to a participant (shareholder) of a company that is an entrepreneur
Yes need.
The organization that pays dividends is a tax agent on this basis (paragraph 2 of Article 214 of the Tax Code). There are no exceptions to the dividend recipient who is an entrepreneur in the legislation. Therefore, when paying dividends to the entrepreneur, he needs to withhold personal income tax at the appropriate rate. That is, depending on whether the entrepreneur is a resident or not, it is necessary to apply a rate of 9 or 15 percent, and for certain payments, 30 percent. This follows from the provisions of paragraph 2 of paragraph 3, paragraphs 4 and 6 of Article 224 of the Tax Code of the Russian Federation.
A similar position is reflected in the letters of the Ministry of Finance of Russia dated April 10, 2008 No. 03-04-06-01 / 79 and dated July 13, 2007 No. 03-04-06-01 / 238
Payout to heir
Situation: whether it is necessary to withhold personal income tax when paying dividends to the heir to the shareholder (participant)
Yes need.
Income received from citizens by inheritance, as a general rule, is not subject to personal income tax (paragraph 18 of article 217 of the Tax Code). However, in this case, the object of inheritance is not cash in the form of dividends, but the right to receive them. Therefore, the provisions of paragraph 18 of Article 217 of the Tax Code of the Russian Federation do not apply. When paying dividends to the heir to the shareholder (participant), it is necessary to withhold personal income tax at a rate of 9 percent if he is a resident of Russia (paragraph 4 of article 224 of the Tax Code of the Russian Federation), or at a rate of 15 percent (as a general rule) if he is not tax a resident of Russia (Clause 3, Article 224 of the Tax Code of the Russian Federation).
A similar position is reflected in the letter of the Ministry of Finance of Russia dated October 29, 2007 No. 03-04-06-01 / 363.
Member withdrawal from dividends
Situation: Is it necessary to withhold personal income tax if the participant refused to pay dividends (for example, in favor of the organization)
Yes need.
When determining the tax base for personal income tax, not only the income actually received, but also those to which the citizen has the right to dispose (clause 1 of article 210 of the Tax Code of the Russian Federation) are taken into account.
The date of actual receipt of income in cash is the day it is paid or money is transferred to the accounts of third parties by order of a citizen (subparagraph 1, paragraph 1, article 223 of the Tax Code of the Russian Federation).
Therefore, the day when a shareholder (participant) refused dividends in favor of the organization is considered the date of receipt of income, which is subject to personal income tax on a common basis.
Thus, from the amount of dividends that the shareholder (participant) refused, the organization must withhold personal income tax and transfer it to the budget (paragraph 4 of Article 226 of the Tax Code of the Russian Federation).
A similar point of view is reflected in the letter of the Ministry of Finance of Russia dated October 4, 2010 No. 03-04-06 / 2-233.
Income tax paid by the recipient organization
Only a Russian organization with income in the form of dividends received from a foreign organization needs to calculate and pay income tax on its own. The indicated amounts are recognized as non-operating income of the organization (Clause 1, Article 250 of the Tax Code of the Russian Federation). When you receive the tax, calculate it yourself and pay for the reporting (tax) period when the income was received. In general, this should be done at a rate of 9 percent. When receiving dividends from affiliates, apply a zero rate, but only if all the necessary conditions are met.
Profit tax cannot be reduced. The exception is provided only for tax amounts that were withheld from such income at the location of the foreign company in the country, an international agreement with which Russia has such an opportunity.
This follows from the provisions of paragraph 3 of Article 284, paragraph 1 of Article 275 of the Tax Code of the Russian Federation.
In other cases, when the Russian organization is the source of dividend income, the tax agent must calculate and pay income tax.
Income tax pay tax agent
If the participant (shareholder) is an organization, withhold dividend income tax (paragraph 2 of article 275 of the Tax Code of the Russian Federation).
The obligation to withhold income tax applies both to organizations applying the general taxation system, and to single tax payers in case of simplification and UTII. They are not exempted from the duties of tax agents (paragraph 5 of article 346.11, paragraph 4 of article 346.26 of the Tax Code). For more information about this, see Who Should Perform Income Tax Responsibilities.
When paying dividends, pay income tax based on one of the following rates:
- 9 or 0 percent - only on payments to Russian organizations;
- 15 percent - only on payments to foreign organizations;
- 30 percent - in a special order.
Such rules are specified in paragraphs 3 and 4.2 of Article 284 of the Tax Code of the Russian Federation.
Situation: what profit tax rate should be applied when calculating the dividend tax if they were paid to a Russian organization in the current year from previous profit
When calculating income tax, use the rate that was valid at the date of the decision on the payment of dividends (Clause 3, Article 284 of the Tax Code).
So, when paying dividends accrued based on the results of the organization’s activities for 2010 and subsequent years, apply the rate of 0 percent on income tax if the conditions are met:
- an organization of at least 365 calendar days continuously owns at least 50 percent contribution to the charter capital of the organization paying the dividends;
- the amount of payments corresponds to not less than 50 percent of the total amount of dividends paid;
- the country of permanent residence of a foreign company that pays dividends to a Russian organization is not included in the list approved by order of the Ministry of Finance of Russia of November 13, 2007 No. 108н.
This procedure follows from subparagraph 1 of paragraph 3 of Article 284 of the Tax Code of the Russian Federation.
When paying dividends from profits made before 2010, you can also apply the rate of 0 percent. But only if the additional condition is met, which was valid until January 1, 2011. Namely, the size of the contribution to the authorized capital of the organization that pays dividends should exceed 500 million rubles. This procedure follows from subparagraph 1 of paragraph 3 of Article 284 of the Tax Code of the Russian Federation (as amended on December 27, 2009) and paragraph 2 of Article 5 of the Law of December 27, 2009 No. 368-ФЗ. Similar clarifications are contained in the letter of the Ministry of Finance of Russia dated April 23, 2013 No. 03-03-06 / 1/14035. The fact that such payments relate to dividends and that a 0 percent rate can be applied to them was also noted by the judges of the Supreme Arbitration Court of the Russian Federation in its decision of November 29, 2012 No. VAS-13840/12.
The chief accountant advises: there are reasons that allow you to apply the 0 percent rate to dividends paid from profits in 2009 and earlier, even if the amount of the contribution to the charter capital of the organization is 500 million rubles. or less.
The changes enshrined in paragraph 2 of Article 5 of Law No. 368-FZ improve the situation of organizations. In particular, in the case under review, the condition on the size of the contribution to the charter capital of the organization was canceled. And if so, then from January 1, 2011, when paying dividends from profits made before 2010, the organization is not required to comply with this restriction in order to apply the 0 percent rate.
True, it is possible that the above arguments will help the organization only in court. But, looking at the decision of the Presidium of the Supreme Arbitration Court of the Russian Federation dated June 25, 2013 No. 18087/12, the arbitrators in this dispute will most likely side with the organizations.
If the conditions for applying the zero rate are not met, then dividends are subject to income tax at a rate of 9 or 15 percent (subparagraph 2, 3, paragraph 3, article 284 of the Tax Code of the Russian Federation)
Withholding income tax at 9 percent
In general, when calculating income tax on dividends paid to a Russian organization, apply a rate of 9 percent. When calculating the tax, consider whether your organization, the tax agent, received dividends from other organizations. Check if the following conditions are met:
- dividends from other organizations received in the past or current year;
- earlier, when calculating income tax on dividends accrued to Russian organizations, dividends received were not yet taken into account.
If these conditions are not met, then calculate the tax according to the formula:
An example of calculating income tax on dividends accrued by a Russian organization. Organization - a tax agent did not receive dividends from other organizations. Russian organization and tax agent are not dependent
Following the results of the previous year, Alpha CJSC received a net profit of 260,000 rubles. In March of this year, the general meeting of shareholders decided to send this amount to the payment of dividends.
The share of the Russian organization in the authorized capital of Alpha is 35 percent.
The amount of dividends to accrue to a Russian organization is:
260 000 rub. × 35% \u003d 91,000 rubles.
The amount of income tax on dividends accrued by a Russian organization is equal to:
91 000 rub. × 9% \u003d 8190 rub.
The amount of dividends payable to a Russian organization is:
91 000 rub. - 8190 rub. \u003d 82 810 rub.
If your organization, a tax agent, received dividends from other organizations and the above conditions are met, then the income tax on dividends accrued to the Russian organization, calculated by the formula:
If the amount of dividends received by the tax agent is greater than or equal to the amount of dividends paid, there is no need to withhold tax.
This procedure is provided for in paragraph 5 of Article 275 of the Tax Code of the Russian Federation.
When calculating income tax on dividends paid to Russian organizations, do not take into account dividends paid to foreign organizations and non-residents (paragraph 5 of Article 275 of the Tax Code of the Russian Federation, letter of the Ministry of Finance of Russia dated October 31, 2007 No. 03-03-06 / 1 / 751). Income tax on them is calculated separately.
When determining the indicator “dividends received by a tax agent”, income taxed at a rate of 0 percent (paragraph 5 of article 275, subparagraph 1 of paragraph 3 of article 284 of the Tax Code of the Russian Federation) is not taken into account.
An example of calculating income tax on dividends accrued to founding organizations. The organization received income from equity participation in other organizations
The authorized capital of CJSC Alpha is divided into 1000 ordinary shares. Of them:
- 250 shares owned by a foreign organization;
- 450 shares are owned by OJSC Production Company Master;
- 300 shares are owned by Hermes Trading Company LLC.
According to the results of 2013, Alpha received a net profit from its main activities in the amount of 10,000,000 rubles. taking into account dividends from a Russian organization in the amount of 100,000 rubles. (net of tax). Dividends were not taken into account when calculating the income tax base.
On March 21, 2014, the general meeting of shareholders decided to direct the entire amount of the net profit to dividend payment.
On March 30, 2014 (after the general meeting of shareholders), Alpha accrued dividends receivable from a Russian organization for 2013 in the amount of 250,000 rubles.
The amount of dividends payable to the founder - foreign organization amounted to:
- 2 500 000 rub. (10,000,000 rubles: 1,000 shares × 250 shares).
The amount of dividends payable to the "Master" was:
- 4,500,000 rubles. (10,000,000 rubles: 1,000 shares × 450 shares).
The amount of dividends payable to Hermes was:
- 3,000,000 rubles. (10,000,000 rubles: 1,000 shares × 300 shares).
The amount of income tax withheld from dividends paid to a foreign organization is 375,000 rubles. (2 500 000 rub. × 15%).
When calculating income tax on dividends accrued to “Master” and “Hermes,” the accountant does not take into account dividends received from a Russian organization in the amount of 250,000 rubles, since they were accrued after the meeting of shareholders decided to pay dividends on 2013 results.
The amount of income tax on dividends accrued to the “Master” amounted to 399,600 rubles. (4,500,000 rubles: 7,500,000 rubles × 9% × (7,500,000 rubles - 100,000 rubles)).
The amount of income tax on dividends accrued to Hermes amounted to 266,400 rubles. (3,000,000 rubles: 7,500,000 rubles × 9% × (7,500,000 rubles - 100,000 rubles)).
Zero rate application
Use the 0 percent rate only if the recipient, a Russian organization, fulfills all of the following conditions:
- on the date of the decision on the payment of dividends, he owns the right of ownership:
- or at least 365 consecutive calendar days with at least 50 percent contribution or shares in the authorized, joint-stock capital or tax agent fund;
- or depositary receipts confirming the right to receive at least 50 percent of the total amount of dividends payable; - he submitted documents to the tax inspectorate confirming the time of acquisition of the share (deposit, depositary receipts). A list of such documents is given in paragraph 8 of paragraph 3 of Article 284 of the Tax Code of the Russian Federation;
- he submitted to the tax agent copies of these documents and documentary evidence that they were submitted to the tax inspectorate (letter of the Ministry of Finance of Russia dated June 9, 2008 No. 03-03-06 / 2/68). Such confirmation, for example, may be a copy of a cover letter with an inspection mark on the receipt of documents.
The source of dividend payment can be both a Russian and a foreign company. In the second case, to apply the 0 percent rate, one more condition is required. A foreign company should not be registered in a state included in the List of offshore zones, approved by order of the Ministry of Finance of Russia of November 13, 2007 No. 108н.
This procedure follows from the provisions of subparagraph 1 of paragraph 3 of Article 284 of the Tax Code of the Russian Federation.
Withholding tax at a rate of 15 percent
In general, calculate income tax on dividends paid to a foreign organization at a rate of 15 percent. Use this rate only if the agreement on avoiding double taxation with a foreign state does not establish preferential rules (subparagraph 3, paragraph 3, article 284, article 7 of the Tax Code).
The amount of income tax on dividends accrued to a foreign organization, determine the formula:
Such rules are provided for in paragraph 6 of Article 275 of the Tax Code of the Russian Federation.
An example of calculating income tax on dividends accrued to a foreign organization
At the end of last year, Alpha CJSC received a net profit of 300,000 rubles. In March of this year, the general meeting of shareholders decided to send this amount to the payment of dividends.
The share of a foreign organization in the authorized capital of Alpha is 20 percent.
The amount of dividends for accrual of a foreign organization is:
300 000 rub. × 20% \u003d 60,000 rubles.
The amount of income tax on dividends accrued to a foreign organization is:
60 000 rub. × 15% \u003d 9000 rub.
The amount of dividends payable to a foreign organization is:
60 000 rub. - 9000 rub. \u003d 51 000 rub.
Withholding the amount of income tax when paying dividends. It is necessary to transfer tax to the budget no later than the day following the day of dividend payment (Clause 4 of Article 287 of the Tax Code of the Russian Federation).
Withholding tax at a rate of 30 percent
Income tax on dividends on shares of Russian organizations should be withheld at a rate of 30 percent only in a special case. This must be done if information is not provided about organizations whose rights to such shares are accounted for in the securities account:
- foreign nominal (authorized) holder;
- depository programs.
This procedure is established in paragraph 4.2 of Article 284 of the Tax Code of the Russian Federation.
This should be done by the tax agent - depository in respect of dividends on shares:
- or with mandatory centralized storage, the state registration of the issue of which or the assignment of an identification number to which was completed after January 1, 2012;
- or for all the rest (except for shares with mandatory centralized storage, the state registration of the issue of which or the assignment of an identification number which was completed before January 1, 2012).
Withholding tax is necessary only if the calculation and withholding of income tax have not already been made by another depository. This must be done at the time of dividend payment.
If at least one of the above conditions is not fulfilled or information about the recipient will be provided to the tax agent within 30 days from the date of tax calculation (payment of dividends), appropriate rates must be applied - 9 (0) or 15 percent.
The withholding tax must be paid on the 30th day.
This follows from the provisions of Article 310.1 of the Tax Code of the Russian Federation.
FIFA
Dividends are not taxable at the source if the following conditions are simultaneously met:
- payment is made by a Russian organization;
- recipients - foreign organizations:
- confederation;
- national football associations;
- FIFA media information producers;
- suppliers of goods (works, services) FIFA specified in the Law of June 7, 2013 No. 108-ФЗ; - dividends are paid annually from the moment the organization is established;
- income received from activities in connection with the implementation of measures provided for by the specified Law.
This procedure is established in paragraph 2.1 of Article 309, subparagraphs 9 and 10 of paragraph 2 of Article 310 of the Tax Code of the Russian Federation.
If it is not known who the recipient is
Situation: at what personal income tax rate (income tax) to calculate the dividend tax if they are paid by the issuer to the trustee - a Russian organization. Information on the owner of shares (shares) is missing
The founders of trust management are recognized as recipients of income in the form of dividends on property transferred to trust management (clause 7 of article 214.1, clause 2.1 of article 275 of the Tax Code of the Russian Federation).
In order for a company paying dividends to be able to determine withholding income tax or personal income tax and at what rate, you need to know who owns the shares. However, the current legislation does not provide for the obligation of the trustee to disclose such information to the issuer.
If the issuer is not aware of the owner of the shares, the Federal Tax Service of Russia recommends withholding tax at a rate of 9 percent for dividends of Russian organizations and resident citizens (letter dated June 23, 2011 No. ED-4-3 / 10054).
If later it turns out that the owner of the shares is a foreign organization (non-resident citizen), and the issuer has not withheld the entire dividend tax, the trustee will become the tax agent. He will have to additionally withhold and pay income tax (PIT) to the budget. This procedure is provided for in paragraphs 2.1 and 3 of Article 275 of the Tax Code of the Russian Federation.
The Ministry of Finance of Russia recommends avoiding situations where the company pays dividends without first receiving information for the correct calculation of taxes (letter dated 03.10.2009 No. 03-03-06 / 1/660). Therefore, the procedure for disclosing information about the recipient of dividends is best settled by concluding an agreement between the issuer, the trustee and the trustee.
Accounting for dividends in expenses
Dividends are not expenses of the organization. Therefore, they do not reduce the tax base either for income tax (Clause 1, Article 270 of the Tax Code of the Russian Federation) or for a single tax for simplification (Clause 2 of Article 346.16, Clause 1 of Article 252 of the Tax Code of the Russian Federation).
The object of the UTII taxation is imputed income (paragraph 1 of Article 346.29 of the Tax Code of the Russian Federation). Therefore, when calculating the tax base, accrued and paid dividends are also not taken into account.
Situation: is it possible to write off in tax accounting related expenses related to the payment of dividends (postal expenses, bank interest for transferring dividends)
No.
Dividends are paid out of the profit after tax. Moreover, the amount of accrued dividends is not taken into account in expenses (Clause 1, Article 270 of the Tax Code of the Russian Federation).
Since the payment of dividends by the company is not an activity aimed at generating income, the related expenses related to the payment of dividends (for example, postal expenses and bank interest for the transfer of dividends) cannot be written off either.
This position is set forth in letters of the Ministry of Finance of Russia dated June 17, 2011 No. 03-03-06 / 1/355, dated September 22, 2005 No. 03-03-04 / 1/222.
The chief accountant advises: there are arguments that allow organizations to write off related expenses related to the payment of dividends in tax accounting. They are as follows.
The organization’s activities are aimed at generating income and is inextricably linked with the right of its shareholders and participants to dividends (paragraph 1 of article 50, paragraph 1 of article 67 of the Civil Code of the Russian Federation). So, the costs associated with the performance of the duties entrusted to the organization by law are justified.
In arbitration practice, there are examples of court decisions in favor of organizations (see, for example, FAS Resolution of the Moscow District of May 11, 2011 No. KA-A40 / 3913-11, Volga Region of March 3, 2006 No. A55-4964 / 05- 6, dated October 17, 2006 No. A55-1252 / 2006).
Situation: how to take into account the payment of dividends in kind when taxing
When dividends are paid in kind, two taxable transactions arise:
- dividend payments;
- transfer of goods (works, services).
For the purposes of calculating taxes in relation to the first transaction, it does not matter in what form the calculation took place: in cash or in kind. Taxation will be the same (paragraph 3 of article 309, paragraph 2 of article 275, paragraph 1 of article 210, paragraph 2 of article 214 of the Tax Code).
The following rules apply to the transfer of goods (work, services). The transfer of ownership of goods (work, services) is recognized as sale (paragraph 1 of article 39 of the Tax Code).
Income from the sale of goods (works, services) in Russia is subject to taxation:
- VAT (sub. 1 clause 1 of article 146 of the Tax Code of the Russian Federation);
- income tax (Article 249 of the Tax Code of the Russian Federation);
- single tax in case of simplification (Article 346.15 of the Tax Code of the Russian Federation).
Similar conclusions can be made on the basis of letters from the Ministry of Finance of Russia dated December 17, 2009 No. 03-11-09 / 405 and the Federal Tax Service of Russia for Moscow dated February 5, 2008 No. 19-11 / 010126.
For more information on taxation of operations for the sale of goods (works, services), see:
- How to reflect the retail sale of goods in accounting and taxation;
- How to reflect the implementation of work (services) in accounting and taxation.
When calculating UTII, the sale of goods (works, services) against dividends to organizations is not taken into account. This is due to the fact that such an operation goes beyond the scope of activities subject to UTII, so pay taxes from it in accordance with the general taxation system or simplification (clause 2 of article 346.26 of the Tax Code of the Russian Federation). On the issue of paying UTII when selling goods on account of paying dividends to citizens, see What trade transactions fall under UTII.
Situation: how do organizations on the basic tax accounting system reflect in accounting and taxation calculations on the payment of dividends if interim dividends are paid at the end of the reporting periods and a loss is formed at the end of the calendar year
The joint-stock company may pay interim dividends based on the results of the reporting period (quarter, six months, nine months) (Article 42 of the Law of December 26, 1995 No. 208-ФЗ). LLCs can distribute profits between participants in the company once a quarter or half a year (Clause 1, Article 28 of the Law of February 8, 1998 No. 14-FZ). However, the amount of interim dividends paid to the founders when the organization receives a loss for the year for tax purposes cannot be considered dividends.
The Tax Code of the Russian Federation contains its own definition of dividends. A dividend is recognized as income received by a shareholder (participant) in the distribution of profit remaining at the disposal of the organization after paying income tax (paragraph 1 of article 43 of the Tax Code of the Russian Federation). The tax period for income tax is a calendar year (Clause 1, Article 285 of the Tax Code of the Russian Federation). This means that the net profit remaining at the disposal of the organization after paying income tax can be determined only by the end of the calendar year.
Therefore, if there is a loss for the year, the payments in question for tax purposes cannot be considered dividends (letter of the Federal Tax Service of Russia dated March 19, 2009 No. ШС-22-3 / 210).
When calculating income tax, these payments should not be taken into account as expenses (Section 49, Article 270 of the Tax Code of the Russian Federation). In accounting, these payments are reflected in other expenses (paragraph 11 of PBU 10/99).
In connection with this, a constant difference and the corresponding permanent tax liability are formed in accounting (paragraphs 4, 7 of PBU 18/02).
When calculating personal income tax, take into account that paid interim dividends should be considered as ordinary payments, since they do not meet the criteria of paragraph 1 of Article 43 of the Tax Code of the Russian Federation. Therefore, personal income tax must be recalculated and retained at ordinary rates (13% or 30%) (Article 224 of the Tax Code of the Russian Federation, letter of the Federal Tax Service of Russia dated March 19, 2009 No. ШС-22-3 / 210). You can retain personal income tax from any money paid to recipient citizens (for example, from salary if the recipient is an employee of the organization). In this case, the tax amount withheld should not exceed 50 percent of the payment amount (Clause 4 of Article 226 of the Tax Code of the Russian Federation). If it is impossible to withhold personal income tax, it is necessary to notify the tax inspectorate at the place of registration of the organization that paid the dividends, as well as the citizen who received the income (paragraph 5 of Article 226 of the Tax Code of the Russian Federation).
,
- contributions for compulsory pension (social, medical) insurance (part 1 of article 7 of the Law of July 24, 2009 No. 212-FZ);
- contributions for insurance against accidents and occupational diseases (Clause 1, Article 20.1 of the Law of July 24, 1998 No. 125-ФЗ).
This is due to the fact that dividends do not apply to remuneration received for fulfilling obligations under labor and civil law contracts.
If the recipient of the interim payments is the organization, the duties of the tax agent for the payer organization after summing up the results of the reporting year do not arise. As a result of the re-qualification of interim dividends as a gratuitous payment to the founders, the payer organization will receive an overpayment of income tax in connection with the accrual of this tax when paying interim dividends. The exceptions to this rule are only payments to foreign organizations that do not have permanent missions in Russia. For more information, see Who Should Perform the Income Tax Agent Duties.
An example of reflection in accounting and taxation of settlements with employees on the payment of dividends. The organization paid interim dividends for the six months. According to the results of the calendar year, the organization formed a loss
In July, the accountant made the postings:
Debit 84 Credit 70
In August:
Debit 70 Credit 68 sub-account "Calculations on personal income tax"
–
withheld from personal income tax on dividends;
Debit 70 Credit 51
At the end of 2014, the accountant generated 84 losses on the account. Consequently, the interim payment to Lviv in the first half of the year is not a dividend.
Debit 84 Credit 70
Debit 91-2 Credit 73
- 31 500 rub. - reversed withheld personal income tax from dividends;
- 31 500 rub. - Reflected withholding personal income tax from other payments;
Debit 70 Credit 51
Debit 73 Credit 51
Debit 73 Credit 68 sub-account "Calculations on personal income tax"
In tax accounting payments to the founder in the expenses the accountant did not take into account. Therefore, in accounting there is a constant difference and the corresponding permanent tax liability:
- 70,000 rubles. (350,000 rubles. × 20%) - reflects a permanent tax liability.
An example of reflection in accounting and taxation of settlements with the parent company for the payment of dividends. The organization paid interim dividends for the six months. According to the results of the calendar year, the organization formed a loss
According to the results of the first half of 2014 OJSC “Production Company“ Master ”accrued dividends to the founder - CJSC Alpha in the amount of 500,000 rubles. The decision to pay dividends was taken at a general meeting of shareholders in July 2014.
“Master” does not receive income from equity participation.
Dividends paid in August 2014.
According to the results of 2014, the “Master” formed a loss.
In the accounting organization, the accountant made the postings.
In July 2014:
Debit 84 Credit 75-2
- 500 000 rub. - dividends are accrued based on the results of six months.
In August 2014:
Debit 75-2 Credit 68 subaccount "Calculations for income tax”
- 45 000 rub. (500,000 rubles. × 9%) - withholding tax on dividend income;
Debit 75-2 Credit 51
- 455,000 rubles. (500,000 rubles - 45,000 rubles) - dividends are transferred to the founder;
Debit 68 subaccount "Calculations for income tax" Credit 51
- 45 000 rub. - income tax is transferred to the budget.
At the end of 2014, the accountant generated 84 losses on the account. Consequently, the interim payment of Alfa for the first half of the year is not a dividend. In the accounting organization, the accountant made the postings.
Debit 84 Credit 75-2
- 500 000 rub. - reversed amount of accrued dividends;
Debit 75-2 Credit 68 subaccount "Calculations for income tax”
- 45 000 rub. - reversed income tax accrued on dividends;
Debit 91-2 Credit 76
- 455,000 rubles. (500,000 rubles. - 45,000 rubles.) - reflected the accrual of gratuitous payments to the founder;
Debit 75-2 Credit 51
- 455,000 rubles. - reversed the transfer to the founder of dividends following the results of six months;
Debit 76 Credit 51
- 455,000 rubles. - reflected the transfer to the founder of a gratuitous payment.
As a result of the re-qualification of dividends as a gratuitous payment to the founder, the “Master” formed an overpayment of income tax in the amount of 45,000 rubles.
In tax accounting, the gratuitous payment to the founder was not taken into account in expenses by the accountant. Therefore, in the accounting there was a constant difference and the corresponding permanent tax liability:
Debit 99 subaccount "Permanent tax liabilities" Credit 68 subaccount "Calculations for income tax"
- 90,000 rubles. (455,000 rubles × 20%) - a permanent tax liability is reflected.
Situation: how the organization in special regime to reflect the calculations on the payment of dividends when taxing, if at the end of the reporting periods interim dividends were paid, and at the end of the calendar year it formed a loss
The joint-stock company may pay interim dividends based on the results of the reporting period (quarter, six months, nine months) (Article 42 of the Law of December 26, 1995 No. 208-ФЗ). LLCs can distribute profits between participants in the company once a quarter or half a year (Clause 1, Article 28 of the Law of February 8, 1998 No. 14-FZ). However, the amount of interim dividends paid when an organization receives a loss for the year for tax purposes cannot be considered dividends.
The Tax Code of the Russian Federation contains its own definition of dividends. A dividend is recognized as income received by a shareholder (participant) in the distribution of profit remaining at the disposal of the organization after taxes (paragraph 1 of Article 43 of the Tax Code of the Russian Federation). The simplified tax period is a calendar year (Clause 1, Article 346.19 of the Tax Code of the Russian Federation). That is, the net profit remaining at the disposal of the organization after paying the single tax for simplification can be determined only by the results of the calendar year. Therefore, if there is a loss for the year, the considered payments for the purpose of calculating the single tax cannot be considered dividends. The FTS of Russia adheres to a similar point of view in a letter dated March 19, 2009 No. ШС-22-3 / 210. This letter is addressed to organizations using the general taxation system. However, in view of the fact that the concept of “tax period” does not differ under the general system and simplification (calendar year), tax inspectors will most likely be guided by the same approach for organizations on simplified taxation (clause 1 of article 285, clause 1 of article 346.19 of the Tax Code of the Russian Federation).
Organizations transferred to UTII pay a single tax based on the results of the tax period - the quarter (Article 346.30 of the Tax Code of the Russian Federation). If we interpret paragraph 1 of Article 43 of the Tax Code of the Russian Federation literally, the payments in question can be considered dividends. However, this approach may cause a conflict with reviewers. The fact is that, according to paragraph 2 of Article 42 of the Law of December 26, 1995 No. 208-ФЗ and paragraph 1 of Article 28 of the Law of February 8, 1998 No. 14-ФЗ, dividends can be paid only from the net profit of the organization. Net profit is determined according to the financial statements. The net profit indicator is indicated on line 2400 of the Profit and Loss Statement and is formed on an accrual basis from the beginning of the year. Therefore, UTII payers make intermediate payments to shareholders (participants) in this case risky for dividends for tax purposes.
If payments were made in favor of citizens, personal income tax calculated earlier at a reduced rate must be recalculated and withheld at ordinary rates (13% or 30%) (Article 224 of the Tax Code of the Russian Federation, letter of the Federal Tax Service of Russia dated March 19, 2009 No. ШС-22- 3/210). This is due to the fact that such payments should be considered as ordinary income because of their inconsistency with the criteria of paragraph 1 of Article 43 of the Tax Code of the Russian Federation. You can retain personal income tax from any money paid to recipient citizens (for example, from salary if the recipient is an employee of the organization). In this case, the tax amount withheld should not exceed 50 percent of the payment amount (Clause 4 of Article 226 of the Tax Code of the Russian Federation). If it is impossible to withhold personal income tax, it is necessary to notify the tax inspectorate at the place of registration of the organization that paid the dividends, as well as the citizen who received the income (paragraph 5 of Article 226 of the Tax Code of the Russian Federation).
Organizations may charge interest and penalties for late payment of taxes (Article 75 , 123 of the Tax Code). That is, the payment of interim dividends to citizens is associated with certain risks. If you receive a loss for the year and a personal income tax surcharge, inspectors can conclude that the tax is not paid in time. When resolving similar disputes, the arbitration courts consider that the tax agent is not required to pay tax not withheld from the taxpayer (if he proves that he did not have the ability to withhold personal income tax), at his own expense. Therefore, in this case, the inspectors are not entitled to collect a fine. For the calculation of interest, see How to Transfer Personal Income Taxes to the Budget.
Interim dividends paid do not need to accrue:
- contributions for compulsory pension (social, medical) insurance (part 1 of article 7 of the Law of July 24, 2009 No. 212-FZ);
- contributions for insurance against accidents and occupational diseases (Clause 1, Article 20.1 of the Law of July 24, 1998 No. 125-ФЗ).
This is due to the fact that dividends do not apply to remuneration received for fulfilling obligations under labor and civil law contracts.
If the recipient of the interim payments is the organization, the duties of the tax agent for the payer organization after summing up the results of the reporting year do not arise. As a result of the re-qualification of interim dividends as a gratuitous payment, the payer organization will overpay for income tax in connection with the accrual of this tax when paying interim dividends. The exceptions to this rule are only payments to foreign organizations that do not have permanent missions in Russia.
Do not take into account the considered payments in expenses (paragraph 1 of article 346.14, paragraph 2 of article 346.16, paragraph 49 of article 270, paragraph 1 of article 346.29 of the Tax Code).
An example of reflection in accounting and taxation of calculations on the payment of dividends to employees. The organization applying the simplification (the object of taxation is income minus expenses) paid interim dividends for the first half of the year. According to the results of the calendar year, the organization formed a loss
According to the results of the first half of 2014 OJSC “Production Company“ Master ”paid dividends to the General Director A.V. Lviv in the amount of 350 000 rubles. Lviv is a tax resident of Russia.
The decision to pay dividends was taken by the general meeting of shareholders in July 2014. Dividends were paid in August 2014. “Master” does not receive income from equity participation in other organizations.
According to the results of 2014, the “Master” formed a loss.
In the accounting organization, the accountant made the postings.
In July 2014:
Debit 84 Credit 70
- 350 000 rub. - dividends are accrued based on the results of six months.
In August 2014:
Debit 70 Credit 68 sub-account "Calculations on personal income tax"
- 31 500 rub. (350 000 rub. × 9%) –
withheld from personal income tax on dividends;
Debit 70 Credit 51
- 318 500 rubles. (350,000 rubles. - 31,500 rubles.) - Dividends are listed on the bank account of Lviv.
Debit 84 Credit 70
- 350 000 rub. - reversed amount of accrued dividends;
Debit 91-2 Credit 73
- 350 000 rub. - reflected the accrual of other payments to the employee;
Debit 70 Credit 68 "Calculations on personal income tax"
- 31 500 rub. - reversed personal income tax withheld from dividends;
Debit 73 Credit 68 sub-account "Calculations on personal income tax"
- 31 500 rub. - reflected withholding personal income tax with other payments;
Debit 70 Credit 51
- 318 500 rubles. - reversed the transfer of dividends to the bank account of Lviv;
Debit 73 Credit 51
- 318 500 rubles. - reflected the transfer of other payments to the bank account of Lviv;
Debit 73 Credit 68 sub-account "Calculations on personal income tax"
- 14 000 rub. (350,000 rubles × 13% - 31,500 rubles) - additional personal income tax at a rate of 13 percent with other payments.
With the subsequent payment of wages to Lviv, the accountant retained personal income tax from her in the amount of 14,000 rubles. and transferred the tax to the budget.
Based on materials from the BSS “Glavbukh System”
The source for the payment of dividends is the company's net profit. Calculating her
made at the end of the financial year, although the decision on the payment of income to participants (founders) can be made once a quarter, half a year or a year. How the operations on accrual and payment of dividends are reflected in the accounting and reporting of the company will be discussed in this publication.
Reflection of operations with dividends in accounting
The basis for the accrual of these incomes in the organization’s accounting is the minutes of the meeting of participants with the decision to pay on time and the accounting statement — the calculation of the amounts due to each of the owners.
To combine information on accrued and paid dividends, account 75/2 “Settlements with founders” is used, sub-account “Settlements on payment of income”. If this type of income is received by an employee of the company, then account 70 is activated, “Payments to personnel by salary”. The corresponding is account 84 “Retained earnings”.
Accounting records are made separately for each participant. The main postings are as follows:
Operation |
|||
At the end of the year |
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Retained earnings |
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At the date of the payment decision |
|||
Accrued income to each owner |
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On the date of dividend payment |
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Paid from cash desk or from current account |
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Withholding Taxes on Accrued Amounts (PIT) |
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On the date of transfer of taxes to the budget |
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Taxes listed |
Dividends in the balance sheet
To reflect the amounts of retained earnings (credit balance of the 84th account), line No. 1370 is allocated in the 3rd section of the liability side of the balance sheet. In it, at the end of the year, the total amount of profit (both for the reporting year and for previous periods) is recorded, starting from the moment of its existence company. In this line, retained earnings will be shown net of accrued but not paid dividends for the reporting year.
Dividends are reflected in the balance sheet only when they are accrued and paid during the year. We are talking about the so-called interim dividends. The summarized total of all interim dividends paid in the reporting year for which statements are prepared are recorded there (in the “Capital” section) in a separate numbered line, enclosed in parentheses. Usually she is assigned the following serial number (for example, 1371, 1372).
Dividends declared at the end of the year are usually announced after approval of the financial statements. Therefore, this fact becomes an event after the reporting date, which means that such dividends cannot be recorded in the balance sheet.
Following the recommendations of PBU 7/98, companies that declared annual dividends on the basis of work results, in the interval between the reporting date and the date of approval of reporting forms for the year, disclose information on accrued dividends in the explanatory note to the balance sheet. Of course, in the reporting period, no entries in accounting are also made.
Income statement dividend
We remind you that the source of dividends is net profit. Information on its availability and the amount at the reporting date is contained in line 2400 of report No. 2. Calculation and payment of dividends are not reflected in this form, since this report was created to inform the user about the amounts and sources of profit and loss. Dividends do not form a profit (they are paid out of it), especially not related to expenses. Being a category related to capital reduction, dividends are reflected in the statement of capital flows (UEC), and their payment is recorded in the statement of cash flows (ODDS) already upon payment.
Reflection of dividends in financial statements
To summarize. In the financial statements, the amount of dividends is reflected as follows:
- If they are accrued but not paid, then:
- in the balance sheet reduce the amount of profit reflected in line 1370 "NP";
- in the UEC in line 3327 “Capital reduction - dividends” (when compiled by the company);
- In the payout period:
- in ODDS on line 4322 “Payments for the payment of dividends and other payments for the distribution of profits in favor of owners (participants)”.
Special attention accountants require dividends. Accounting This category of payments has its own characteristics. In addition, not all specialists faced dividends in practice: in some companies, in principle, they cannot be by force of law, in others - management prefers to let them out for other needs of their business. Therefore, let’s put in the know.
Main rules
Business participants have the right to net income from it among themselves. Then the question arises of how to calculate the profit that can be so disposed of. In this case, the task of the accountant is quite simple. There are two ways:
notice, that dividend accounting implies that it is possible to divide both the net income of the past year and past periods.
Payment Decision
Accrue
How to conduct dividends in accounting, officials of the Ministry of Finance prompted a little in the explanations of May 19, 2015 No. 07-01-06 / 28541. Based on their opinion, we will show in the table postings in accounting for accrual and payment of dividends.
We pay
The essence of manipulating dividends | Dt | Ct |
We hold personal income tax | There are two options: | 68 "Calculations for taxes and fees” |
We bring personal income tax to the treasury | 68 "Calculations for taxes and fees” | 51 "Current accounts" |
We pay to the participant | The same two options: 1) 75-2 "Calculations for the payment of income"; | Two options: 1) 51 "Settlement accounts"; |
We reflect in the balance
Basic rule dividend accounting lies in the fact that the amounts allocated to the participants are shown in the period when they are accrued.
The amounts accrued from the remaining profit of previous periods are entered on line 1370. That is, you need to proportionally subtract the amount of dividends from it.
If we talk about mid-year dividends, etc., they are shown in the third section - “Capital and reserves”. Separately from each other and in parentheses.
According to the results of the fiscal year, the enterprise, in accordance with the current legislation, may decide to pay dividends to the founders from the net profit received. We have already introduced our readers to the procedure for calculating dividends and the problems associated with their taxation. About how to accrue and pay dividends in "1C: Accounting 8" experts say Sarychev Implementation Center.
The basis for reflecting the accrual of dividends in accounting will be the minutes of the meeting of the founders and the accounting statement — the calculation of the amounts accrued to each of the owners.
The founders of the enterprise can be both legal entities and individuals, including employees of the organization. Accounting for dividends in "1C: Accounting 8" will depend on the qualifications of the recipient of income and on whether the organization paid interim dividends for each quarter.
The organization as a tax agent is required to withhold taxes from the amounts paid: on profits from dividends accrued to legal entities, and personal income tax from dividends accrued to individuals. In this case, the tax rate of 9% is applied if both parties are residents of the Russian Federation, and the rate of 15% and 30% - if either party is not a Russian organization or the recipient of income is an individual non-resident of the Russian Federation.
It should be remembered that only a Russian organization is the tax agent for paying taxes on dividends. If a taxpayer receives dividends from a source outside the Russian Federation, he is obliged to independently calculate and pay the corresponding tax amount.
Dividends are not subject to UST in accordance with paragraph 1 of Article 236 of the Tax Code of the Russian Federation, contributions to the Social Insurance Fund of the Russian Federation and contributions to compulsory pension insurance (clause 2 of Article 10 of Federal Law dated 15.12.2001 No. 167-FZ "On Compulsory Pension Insurance in the Russian Federation").
Accrual of dividends to employees of the organization
In "1C: Accounting 8", it is advisable to start accruing dividends to employees of the organization based on the results of a fiscal year or quarter by introducing a new type of accrual of "Dividends" into the "Settlement Type Plan" of the "Operations" menu (see Fig. 1).
Fig. 1. Filling out the directory "Charges of the organization"
In the field "Name" the name of the accruals "Dividends to employees of the organization" is indicated. In the "PIT" field from the "PIT income" directory, select the type of income with code 1010 "Dividends, taking into account article 214 of the Tax Code of the Russian Federation. In the field "UST" - indicates that this type of charge "is not subject to taxation, in accordance with paragraph 3 of Article 236 of the Tax Code". In the field "FSS" - "Not taxable."
Then, in the reference book “Ways to reflect salaries in regulated accounting” (Document field “Reflection in accounting”) - using the button - the accounting entries for the calculation of dividends for employees of a particular organization are indicated. Accounting: Debit 84/01 Credit 70. Tax accounts remain empty, as dividends paid from net profit are not recognized as income tax expense.
Direct accrual of dividends to employees in the program will be carried out using the document "PIT and UST: income and taxes" (menu "Salary" -\u003e "Accounting for PIT and UST" -\u003e "Enter income and taxes PIT and UST") (see. Fig. 2).
Fig. 2. The accrual of dividends to the founder, who is a resident of the Russian Federation (personal income tax rate - 9%).
Data on the amount of accrued dividends and withheld taxes from them, entered in this document, will be reflected in the tax cards 1-NDFL and 2-NDFL.
The document is filled out for each of the organizations on the date of accrual of dividends.
Using the button, the recipient of income is selected from the list of employees, the date of dividend accrual is indicated in the field "Date of income" - it usually coincides with the date of the minutes of the meeting of founders. “Month of the tax period” and “Registration period” will be filled automatically based on the entered “Date of income”. In the "Revenue code" field, select code 1010 - dividends.
The amount of dividends due is indicated in the "Amount of income" field. The program will calculate the “tax amount calculated” automatically at the rate of 9% or 30% based on citizenship data specified in the “Individuals” directory for the employee we have chosen (resident / non-resident of the Russian Federation).
The tab withholding personal income tax is filled in when the dates of the accrued and withheld tax coincide, and the simultaneous calculation and withholding of personal income tax is not defined explicitly in the "Scientific policy of the personnel organization" (menu "Accounting Policy"). If the data on the "PIT withheld" tab is not filled, then the PIT withholding date (and reflection of these data in the 1-PIT card) will be the day the dividend is paid to the employee through the cashier or bank.
Using the button, the document will enter data on dividends, as well as accrued and withheld tax in Section 4 "Calculation of the tax base and tax on personal income from equity participation in the organization" card 1-personal income tax (menu "Salary" -\u003e "Accounting personal income tax and unified social tax "-\u003e" Tax card 1-NDFL ")
In order for the amount of dividends and personal income tax accrued to an employee to be reflected in accounting accounts, it is necessary to create the document “Reflection of Salary in Regulatory Accounting” in the “Salary” menu (see Fig. 3).
Fig. 3. Filling of dividend accrual transactions.
In this document, using the button, only the amount of the calculated personal income tax is automatically filled out on the basis of the document "Personal income tax and UST: income and taxes" for the same period.
The amount of dividends itself is entered manually by selecting using the posting button D84 / 01-K70 from the corresponding directory. Tax accounts remain empty (see Figure 3).
Dividends to founders who are not employees
Dividends to legal entities or individuals who are not employees of the organization, as well as taxes withheld, are calculated using the document "Operation (accounting and tax accounting)" of the "Postings" menu (see Fig. 4).
Fig. 4. The accrual of dividends to the founders: LLC "Electric goods" - in the amount of 10,000 rubles. and Lyubimov O.M. - in the amount of 2,000 rubles.
Required accounting entries are specified manually:
Debit 84.01 Credit 75.02 - for the amount of accrued dividends; Debit 75.02 Credit 68.04.02 - for the amount of income tax withheld by the tax agent; Debit 75.02 Credit 68.01 - for the amount of personal income tax on dividends.
In order for the accrued tax on income from payments to individuals who are not employees of the organization to be reflected in the 2-personal income tax certificate, it is necessary to reflect the amount of dividends also in the document "Adjustment of entries in the accumulation register" (see Fig. 5).
Fig. 5. Reflection in the document "Adjustment of entries in the accumulation register" of information on accrued dividends.
Using the "Settings" button, the document form is configured to adjust the "personal income tax income" register. The further principle of filling coincides with the filling of the document "PIT and UST: income and taxes" considered by us above.
Reporting on dividends paid
All operations on the distribution of profit of the organization are reflected in the statements of the period in which these operations actually occurred, that is, in which the meeting of the founders took place, which decided to pay dividends. At the same time, the opening indicator of retained earnings is not adjusted. The fact of accrual of dividends is sufficient to reflect only in the explanatory note. That is, for example, the payment of dividends in January 2006 for 2005 will be reflected in the annual statements for 2006 and in the explanatory note to the financial statements for 2005.
The accrual of dividends is reflected in the Statement of changes in capital (menu "Reports" -\u003e "Regulated reports" -\u003e "Accounting" -\u003e "Form No. 3") on line 103 "Dividends" as a value explaining the decrease in retained earnings in the balance sheet of the organization between the opening and closing dates of the period in which the decision was made to pay dividends. When you click on the button, the data on dividends reflected in the documents "Operation (accounting and tax accounting)" and "Reflection of salary in regulatory accounting" is automatically entered into the report.
In addition, the amount of dividends paid to founders - individuals must be reflected in the Income Statement of individuals in the form 2-NDFL (menu "Salary" -\u003e "Accounting for PIT and UST" -\u003e "Tax card 2-NDFL").
This report is automatically filled in using the "Fill" button across the entire list of employees. After holding the document, if necessary, you can print a Certificate (button "Print") and download it to a diskette for transfer to the tax office (button "Get file to disk").
Dividends paid to legal entities will be reflected on Sheet 3 of the corporate income tax return.
Automatic filling in of information on Sheet 3 is not provided, therefore, the amount of dividends must be entered manually.
Interim dividends: pay or not pay?
Current legislation allows you to pay dividends on the basis of a decision of the general meeting of founders with a frequency of more than once a year - based on the results of the first quarter, six months and 9 months. However, there is the possibility that by paying dividends during the year, at the end of the year, the company may receive a loss. So, the amounts paid to owners as dividends cannot be qualified, because according to paragraph 1 of Article 28 of Federal Law dated 08.02.1998 No. 14-FZ "On Limited Liability Companies" and paragraph 2 of Article 42 of Federal Law dated 26.12.1995 No. 208- Federal Law "On Joint-Stock Companies" dividends are paid only at the expense of the net profit of the organization. In addition, the issue of accounting for interim dividends is controversially resolved.
In accounting practice, two options are used to solve the problem.
Financially stable enterprises that are confident in making profit at the end of the year can record dividends during the year on account 84.01, referring to the Instructions for the application of the Chart of Accounts, where the commentary on account 84 explicitly states: "a similar entry is made when paying intermediate income".
The reflection of operations in "1C: Accounting 8" will be similar to the calculation of dividends for the year.
If the company cannot predict the amount of net profit, then it is advisable to account for the interim dividends during the year on a separate subaccount of account 99. And if there is profit at the end of the financial year, transfer the entire amount of the accrued dividends with the final posting:
Debit 84 Credit 99
With this option, until the end of the current year, the organization does not have net, but retained earnings, that is, which is not subject to distribution, on account 84. The net profit of the company is determined according to the financial statements of the company and before the end of the financial year in the financial statements is reflected by comparing the credit and debit turnover of account 99. Therefore, supporters of this point of view, accrual of interim dividends during the year make the following:
Debit 99 Credit 75
In the second case, in “1C: Accounting 8” in the Profit and Loss Statement, accrued interim dividends will have to be reflected with a minus sign (in parentheses) after the line “Current income tax” using manual adjustment.
Taxes on both quarterly and annual dividends are paid at the same time.
When paying dividends to an individual, the deadline for paying income tax is established by paragraph 6 of Article 226 of the Tax Code. Tax agents must transfer the amount of tax withheld no later than the day of actual receipt of cash at the bank for the payment of dividends or the day of transfer of income from bank accounts. In the case of dividends in kind - no later than the day following the day the tax is actually deducted.
When dividends are paid to a legal entity, the deadline for paying income tax to the budget is 10 days from the day the income is paid. This is indicated by paragraph 4 of Article 287 of the Tax Code.