The accrual of dividends to own staff is reflected in the entry. Reflection in accounting and in taxation of accrual and payment of dividends
According to the results fiscal year enterprise according to current legislation may decide to pay dividends to the founders from the received net profit. We have already introduced our readers to the procedure for calculating dividends and the problems associated with their taxation. Experts from the Sarychev Implementation Center talk about how to calculate and pay dividends in "1C: Accounting 8".
The basis for reflecting the accrual of dividends in accounting will be - the minutes of the meeting of the founders and the accounting certificate - the calculation of the amounts accrued to each of the owners.
The founders of the enterprise can be as legal entities and physical, including employees of the organization. Accounting for dividends in "1C: Accounting 8" will depend on the qualifications of the recipient of the income and on whether the organization has paid interim dividends at the end of each quarter.
The organization, as a tax agent, is obliged to withhold taxes from the amounts paid: on profit 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 of the parties is not a Russian organization or the recipient of income is an individual non-resident of the Russian Federation.
It should be remembered that tax agent for the payment of taxes on dividends is only Russian organization... If a taxpayer receives dividends from a source outside the Russian Federation, then he is obliged to independently calculate and pay the corresponding amount of tax.
Dividends are not subject to the UST in accordance with clause 1 of Article 236 of the Tax Code of the Russian Federation, contributions to the FSS of the Russian Federation and contributions to compulsory pension insurance (clause 2 of article 10 of the Federal Law of December 15, 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 calculating dividends for employees of an organization based on the results of a fiscal year or quarter with the introduction of a new type of calculation "Dividends" in the "Plan of the type of settlement" of the "Operations" menu (see Fig. 1).
Rice. 1. Filling out the directory "Accruals of the organization"
In the "Name" field, the name of the accruals "Dividends to employees of the organization" is indicated. In the field "personal income tax" from the directory " Personal income tax"select the type of income with the code 1010" Dividends, taking into account Art. 214 of the Tax Code of the Russian Federation. "In the field" UST "- it is indicated that this type of charge" is not subject to taxation, in accordance with paragraph 3 of Art. 236 of the Tax Code of the Russian Federation ". In the field" FSS "-" Not assessed ".
Then in the reference book "Methods for reflecting salaries in regulated accounting" (Field of the document "Reflection in accounting") - using the button - are indicated accounting entries on the accrual of dividends for employees of a particular organization. Accounting: Debit 84/01 Credit 70. Accounts tax accounting remain empty, because dividends paid out of net profit are not recognized as an expense of the organization for income tax.
Direct accrual of dividends to employees in the program will be carried out using the document "Personal income tax and UST: income and taxes" (menu "Salary" -> "Accounting for personal income tax and UST" -> "Entering income and taxes of personal income tax and UST") (see Fig. 2).
Rice. 2. Accrual of dividends to the founder who is a resident of the Russian Federation ( personal income tax rate - 9%).
The data on the amount of accrued dividends and taxes withheld from them, entered in this document, will be reflected in the tax cards 1-NDFL and 2-NDFL.
The document is filled in for each organization as of the date of dividend accrual.
Using the button, the recipient of income is selected from the list of employees, in the field "Date of income" the day of dividend accrual is indicated - usually it coincides with the date of the minutes of the meeting of founders. "Month tax period"and" Registration period "will be filled in automatically based on the entered" Date of income. "In the field" Code of income "select the code 1010 - dividends.
The amount of dividends due is indicated in the "Amount of Income" field. The program will calculate the calculated tax amount automatically at a rate of 9% or 30% based on the citizenship data specified in the directory "Individuals" for the employee chosen by us (resident / non-resident of the Russian Federation).
The tab "Personal income tax withheld" is filled in when the dates of the accrued and withheld tax coincide, and in the "Scientific policy of the organization on personnel" (menu Accounting policy") not definitely simultaneous calculus and withholding personal income tax... If the data on the tab "Personal income tax withheld" is not filled in, then the date of withholding personal income tax (and the reflection of this data in the 1-NDFL card) will be the day of payment of dividends to the employee through the cashier's office or bank.
Posting the document using the button will enter data on dividends, as well as accrued and withheld tax in Section 4 "Calculation tax base and personal income tax from equity participation in the activities of the organization "1-NDFL cards (menu" Salary "->" Accounting for personal income tax and UST "->" Tax card 1-NDFL ")
In order for the amount of dividends and personal income tax accrued to the employee to be reflected in the accounts accounting it is necessary to create a document "Reflection of salaries in regular accounting" in the "Salary" menu (see Fig. 3).
Rice. 3. Filling in the entries for the accrual of dividends.
In this document, using the button, only the amount of personal income tax calculated on the basis of the document "Personal income tax and UST: income and taxes" for the same period is automatically filled in.
The amount of dividends itself is entered manually, by using the button to select transactions D84 / 01-K70 from the appropriate directory. Tax accounts remain empty (see Fig. 3).
Dividends to non-employee founders
Amounts of dividends to legal entities or individuals who are not employees of the organization, as well as withholding taxes, are calculated using the "Operation (accounting and tax accounting)" document in the "Transactions" menu (see Fig. 4).
Rice. 4. Accrual of dividends to the founders: OOO Elektrotovary - in the amount of 10,000 rubles. and Lyubimov Oh.M. - in the amount of 2,000 rubles.
The 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 from 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-NDFL certificate, it is necessary to reflect the amount of dividends also in the document "Adjustment of entries in the accumulation register" (see Fig. 5).
Rice. 5. Reflection in the document "Adjustment of the accumulation register entries" information about the accrued dividends.
Using the "Settings" button, the document form is configured to correct the "Personal Income Tax Information" register. The further principle of filling out is the same as the filling out of the document "Personal Income Tax and UST: Income and Taxes" we considered above.
Reporting on paid dividends
All operations for the distribution of the organization's profits are reflected in the reporting of the period in which these operations actually took place, that is, in which the meeting of the founders took place, which decided to pay dividends. However, the opening figure for retained earnings is not adjusted. It is enough to reflect the fact of accrual of dividends only in explanatory note... That is, for example, the payment of dividends in January 2006 for 2005 will be reflected in annual reporting for 2006 and in the explanatory note to accounting statements for 2005.
Accrual of dividends is reflected in the Statement of changes in equity (menu "Reports" -> "Regulated reports" -> "Financial statements" -> "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 report will automatically enter the data on dividends reflected in the documents "Operation (accounting and tax accounting)" and "Reflection of salary in regular accounting".
In addition, the amount of dividends paid to the founders - individuals, must be reflected in the Certificate of Income individuals according to the form 2-NDFL (menu "Salary" -> "Accounting for personal income tax and UST" -> "Tax card 2-NDFL").
This report is filled in automatically using the "Fill in" button for the entire list of employees. After posting the document, if necessary, you can print the Help ("Print" button) and upload it to a floppy disk for transfer to 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 of information on Sheet 3 is not provided, therefore the amount of dividends must be entered manually.
Interim dividends: to pay or not to pay?
Current legislation allows dividends to be paid based on a decision general meeting founders at intervals, more than once a year - based on the results of the first quarter, six months and 9 months. However, there is a possibility that by paying dividends during the year, at the end of the year, the company may receive a loss. This means that the amounts paid to the owners cannot be qualified as dividends, since according to clause 1 of Article 28 of the Federal Law of 08.02.1998 No. 14-FZ "On Limited Liability Companies" and clause 2 of Article 42 of the Federal Law of 26.12.1995 No. 208- Federal Law "On Joint Stock Companies" dividends are paid only from the net profit of the organization. In addition, the issue of accounting for interim dividends is controversial.
V accounting practice there are two options for solving the problem.
Financially sustainable enterprises confident of making a profit at the end of the year, dividend accounting during the year can be kept on account 84.01, referring to the Instruction on the Application of the Chart of Accounts, where in the commentary to account 84 it is directly stated: "a similar entry is made when interim income is paid".
Reflection of operations in "1C: Accounting 8" will be similar to the accrual of dividends for the year.
If the company cannot predict the amount of net profit, then interim dividends during the year should be taken into account on a separate subaccount of account 99. And if there is profit at the end of the financial year, the entire amount of accrued dividends should be transferred by the final posting:
Debit 84 Credit 99
With this option, until the end of the current year, the organization on account 84 reflects not net, but retained profit, that is, one that is not subject to distribution. The company's net profit is determined according to the company's financial statements and, until the end of the financial year, is reflected in the financial statements by comparing credit and debit turnovers on account 99. Therefore, supporters of this point of view, the accrual of interim dividends during the year is made by posting:
Debit 99 Credit 75
In the second case, in "1C: Accounting 8" in the Profit and Loss Statement, the 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 term for payment of income tax is established by paragraph 6 of Article 226 of the Tax Code of the Russian Federation. Tax agents are required to transfer the amount of withheld tax no later than the day of actual receipt of cash from the bank Money for the payment of dividends or the day of transfer of income from bank accounts. If dividends are issued in kind - no later than the day following the day the tax was actually withheld.
When paying dividends to a legal entity, the deadline for paying income tax to the budget is set at 10 days from the date of payment of income. This is evidenced by paragraph 4 of Article 287 of the Tax Code of the Russian Federation.
Transactions on the accrual of dividends to founders are formed at the time of distribution of net profit among stakeholders. Payments are made at the expense of funds accumulated on account 84 on the loan. The procedure for distributing money can be initiated at different intervals - at the end of a quarterly period, half a year, or at the end of the year. This is stated in Art. 28 p. 1 of the Law of February 8 under No. 14-FZ.
Accrued dividends to founders: posting
The decision on the upcoming payment is made at the general meeting of the LLC participants. the results are documented in a protocol. The right to distribute profits is assigned to the general meeting by Law No. 14-FZ in Art. 33 p. 2 and art. 37 p. 8. With a single participant, the justification will be the decision of this person. With a large number of founders, the profit is divided between them in proportion to the share of participation in the capital.
When accounting for dividends, transactions are generated with the obligatory participation of account 84. During accrual transactions, this account is debited. Credit turnovers can be drawn up by different groups of accounts. The choice of account depends on the category of recipients. Payments can be made in favor of founders who:
- are individuals;
- represented by legal entities.
If the profit is distributed in favor of individuals from among the employees of the enterprise, then the accrual of dividends to the employee will be reflected in the accounting department through the record D84 - K70. For separate accounting dividend payments and regular wages to account 70, a separate sub-account is opened for settlements with the founders-full-time employees. When dividends are accrued to employees of the organization, a deduction transaction from their amount income tax compiled between D70 and K68.
Dividends to employees are generated with a salary account, and if the founders are legal entities or individuals, but they are not hired by the organization on the basis of an employment contract, then the accounting records will be different. In this situation, correspondence is drawn up between D84 and K75.2. Withholding personal income tax is made out by posting D75.2 - K68.
Accrued dividends on shares: posting
When paying income to shareholders, the role of the tax agent is performed by the company paying the dividends. Income can be issued to shareholders in two ways:
- in monetary terms;
- in kind.
Accrual of dividends to shareholders - entry between:
- D75.2 - K50 when issuing funds through the organization's cash desk for payment of dividends on shares;
- D75 - K90 when issuing income in kind to reflect the valuation finished products transferred to the shareholder;
- D90 - K43 is used to write off the cost of goods issued.
When dividends are accrued to shareholders, the tax transaction might look like this:
- D90 - K68 when calculating VAT on products that were issued as dividend income;
- D75 - K68 is used for reflection amounts of personal income tax withheld from the cash income of shareholders.
Payment of dividends: transactions
Income of founders and shareholders in the form of dividends, regardless of the method of receipt, must be accrued with subsequent withholding of taxes. The last stage in the implementation of the procedure for transferring remuneration will be the transfer of dividends, the transactions will be different for different groups of recipients. Retention tax payments shown in accounting by the date of income payment. The transfer of taxes to the budget is reflected in the entry D68 - K51 (for a non-cash method).
Typical postings for payments:
- D70 - K50 or 51 - dividends paid to founders, posting for settlements with founders from the category of hired personnel;
- D75.2 - K50 (51) for payment to other groups of participants.
If the company is unprofitable in a situation where dividends are paid, the posting of accrual from profit and withholding of personal income tax is reversed. After that, a new record is formed, attributing the costs of settlements with the founders to other costs:
- Д91.2 - К73 when calculating payments.
- D73 - K68 for withholding income tax.
- D73 - K50 (51) - payment of funds.
In situations where the accrued amounts of dividend payments turned out to be unclaimed by one or more founders, a write-off record of such assets is formed. This operation is carried out through debit account 70 or 75 (depending on which of the accounts was used to calculate income) and credit account 84.
Dividends received: transactions from the beneficiary
In situations where income from the activities of an enterprise in the form of dividends is received not by an individual, but by an organization, it should reflect such receipts in its accounting. To do this, they are transferred to other income. To calculate the amount of income tax, dividends that were received in the reporting period are reflected in the number of non-operating income items.
The receipt of dividends in the accounting records is reflected through the following accounts:
- D76.3 - K91.1 the amount of dividends that are to be transferred in favor of the receiving party are credited to the income of the institution;
- D50 (or 51, sometimes 52) - K76.3 dividend income received by the enterprise.
The date of generation of income in the form of dividends must be the day the decision on payment is made (clause 7 and clause 16 of PBU 9/99). In the balance sheet, these amounts are reflected in line 2310.
Payments may be charged or paid once a year, or may not be paid at all.
Dividends that are paid before the end of the year are called interim (preliminary).
First of all, in order to fulfill them, it is necessary to hold a meeting of all shareholders, at which both the founder and all owners of interest must decide how much interest and how often they will pay in the form of dividends.
This decision becomes legal if the minutes of the meeting are drawn up.
A sample decision on the payment of dividends must necessarily have the following points:
- number and date of the created protocol;
- date and place of the meeting;
- all questions of the day;
- signatures of all shareholders.
According to the law, it is necessary to indicate in the document
- size of dividends,
- the form of their payments,
- date.
Also, organizations are given the right to reduce the timing of payments.
The minutes must indicate the frequency of dividend payments to founders
There is no specific document issued for the payment of dividends.
Therefore, typical forms are most often used, which are filled out when paying money from the cash desk or when transferring to an account.
In addition to these forms, the organization can independently make a protocol on the payment of dividends. In this case, this document must be approved by an order on accounting policy.
Accounting Report
To reflect the payment of dividends to an LLC, it is recommended to use a separate settlement with the founders for the payment of dividends (sub-account 75-2) and an account for the calculation of remuneration of labor (account 70).
To reflect dividends in the accounting report, one of these entries must be reflected:
- Debit 84 Credit 75-2 - apply for the accrual of dividends to the founder who has entered into an employment contract (is not a member of the state).
- Debit 84 Credit 70 - use to accrue dividends to the founder, who is a member of the state (is an employee of the organization).
All entries must be made on the day when the Board of Shareholders decided to pay dividends, as required by the instruction to the chart of accounts
An example of the correct formatting in the report:
By the end of 2013, LLC "Kentavr" received 300 thousand rubles of profit. On April 25, according to the meeting of all founders, it was decided to use this amount for the payment of dividends.
It is recommended to divide the entire capital of the company by 100 common shares... Of these, 54 shares belong to the director of "Centaur", A.V. Ivanov, and 46 shares - to the citizen of the Netherlands S. Ankershmit (who is not an employee of the LLC).
- 1. Debit 84 Credit 70
- RUB 162,000 - accrual of dividends to Ivanov;
- 2. Debit 84 Credit 75-2
- RUB 138,000 - accrual of dividends to Ankershmit.
To reflect tax deductions from payments, you need to post one of the following subaccounts in the report:
- Debit 75-2 Credit 68;
- Debit 70 Credit 68;
- Debit 75-2 Credit 68.
Determination of the amount and procedure for payments
Organizations can pay dividends to the founder from a portion of the profits of each quarter, every six months or a year.
A shareholder who receives dividends must automatically pay personal income tax.
Residents who are not employees are also required to pay tax, only if the dividends are received from Russian organizations.
In this case, freelancers withholding tax 15%, and staff - 9%.
If the founder refuses dividends, for example, in favor of the enterprise, then the organization must exactly withhold personal income tax and pay it in accordance with the laws of the Russian Federation.
If income in the form of dividends is received from other companies, then a 0 percent rate may be applied to such payments.
The accrual and payment of dividends to the founder can be carried out no more than 1 time per quarter.
Economists advise to accrue dividends once a year. only then can you accurately determine the amount of profit and payments
If the amount of accrued dividends is higher than the net profit, then this payment will be considered as remuneration to an individual.
Then the organization will have to pay 13% of personal income tax instead of 9%.
In addition to the increase in tax, you will also have to pay all insurance premiums and re-submit reports related to these payments to the Funds.
It turns out that quarterly dividends can be paid only if the founders are confident in the stability of their enterprise and its income.
After filling out the order for payment, the period for payment of dividends should not be more than 60 days. But sometimes, at the request of the founders, the timing of the payment of dividends in an LLC can be reduced to 25 days.
Payments to all participants must be made simultaneously and according to their share or shares.
In case of violation of the terms for receiving dividends, the shareholder has the right to demand through the court interest for the use of someone else's money. But he has such a right only on condition that the delay was due to the fault of the owner.
If the company is operating at a loss?
The direct source of dividend payments is the company's profits after all taxes have been paid.
This is called “net income” and is determined by accounting data.
But everyone understands that it could turn out that the company was in the black and made a profit by intervals, but at the end it turned out that the year ended with a loss for the organization.
In such cases, payments made by the founders cannot be recognized as dividends and are not considered as expenses in tax accounting.
These payments are not justified from an economic point of view, and they are not aimed at generating additional income.
Therefore, all money paid is recognized as other expenses.
In this case, the following transactions must be specified in the accounting:
- Debit 99 (84) Credit 75;
- Debit 75 Credit 68;
- Debit 91 Credit 76;
What to do when "simplified"?
If a company uses a simplified taxation system and all founders are interested in receiving dividends, then this will require accounting.
Payment of dividends must be confirmed with data from balance sheet and profit and loss statement
If this is not done, then according to tax laws, these payments will be regarded as remuneration, not dividends, and should be taxed at a 13% rate, instead of 9%.
Today, the legislation covers in sufficient detail the issue of calculating dividends, as well as receiving 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 appropriately make deductions in favor of the state from income of this kind.
The company paying dividends is, in fact, a tax agent. Therefore, it is required to properly reflect all transactions by postings.
Basic moments
Today, many enterprises, companies are joint stock companies... They issue shares ( securities), in the presence of which a particular individual / legal entity has the right to receive some income.
Moreover, the date of receipt and the value depends on many different factors - the type of shares, the date of commencement of their ownership 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 an entry in the accounting department.
This rule is very important to follow in all cases. Otherwise, the likelihood of various kinds of difficulties with the tax service is high.
Before answering the question, what accounting entry 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 the formation of reporting.
What it is?
Income on shares represents dividends - they are understood as a certain percentage of the amount of the company's income for any reporting period(quarter, other).
Dividend deductions are reflected in the accounting department with special entries.
At the same time, in this particular case, the term "posting" means a record in documents or a special database on a computer about the current and future state of an object.
The wiring always includes two main components (must be indicated):
- debit account;
- credit account.
Also, the wiring must indicate the characteristic component of a particular action. This can be, for example, quantity or quality.
If dividends act as an accounting object, then a more detailed analytical identifier is used when accounting for them. The purpose of the income, the counterparty, is always indicated.
Keeping records of dividend payments has many features and difficulties. You should familiarize yourself with them in advance in order to avoid mistakes.
If, during the check, the tax service employees find any errors, this may lead to the appointment of the conduct.
Auditors quite often find many errors in the accounting of even conscientious taxpayers. Therefore, you should not draw the attention of the Federal Tax Service to yourself once again.
Who can be the owner
If all the shares of a company are owned by a single founder, then it is he who will be the recipient this income... In all other cases, it is required to be guided by a special federal law.
According to this regulatory legal document, dividends can be received by persons who own shares as of the date of drawing up a special calendar. There are some important rules.
These include the date when the recipients were determined:
Individuals / legal entities may be directly owners of shares that allow receiving any dividends.
But regardless of the legal status of the owner, the tax agent will still be the company that pays dividends. This point is highlighted in the regulatory framework on this matter.
The legislative framework
All persons who have anything to do with the payment of dividends should familiarize themselves with the legislation in force in this regard in advance.
The list of regulations governing this moment is relatively small. However, it is worth reading all of them carefully.
Shareholders, accountants and other officials should review the following NAPs:
- Federal Law No. 208-FZ, Chapter V:
All of the above federal laws are not independent normative legal acts.
They only carry out the addition, edit its articles.
That is why, when performing a variety of actions, you should focus on this document.
It should also be taken into account when conducting postings. This document explains in sufficient detail what exactly is considered an expense.
Accounting entries for dividend payments
The payment of dividends can be carried out by a wide variety of individuals. Moreover, some of them may be not just the owners of the company's shares, but at the same time its employees, founders.
So, those who are employees will need to mandatory transfer income by special posting.
There are many nuances associated with accounting. Today, payments can be made to the following individuals:
- founders of the enterprise;
- shareholders;
- who are not employees of the organization;
- examples of charges.
For all three categories above, the transactions are different. An accountant or other accounting official should be sure to keep this in mind.
If any fundamental rules are violated, there is a high probability of problems with the Federal Tax Service.
For the founders of the enterprise
Usually, accruals are made to the founders of an enterprise on cumulative preferred shares.
It is important to remember that the decision on the net profit should be made without fail only at the meeting of the founders - if there are several of them.
If the founder is alone and at the same time he needs to receive dividends, then he can independently issue the corresponding order. And on the basis of it, get your income.
In this case, this procedure will need to be reflected in the accounting department with the following entries:
The above transactions simply reflect the accrual of the income itself. But at the same time, dividends received by individuals represent, in fact, ordinary income.
It is necessarily taxed at a rate of 13% - on personal income. Transfers to the state budget are also required to be properly reflected with entries.
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 take this moment into account.
Since such income is necessarily taxed at a rate of 13% and is also reflected in the financial statements. The reporting procedure is carried out in a similar way.
Shareholders
When calculating dividends to ordinary shareholders who have purchased shares of an enterprise through the exchange, it is important to correctly reflect this procedure in accounting. It has features, nuances.
Because the best is responsible persons implementing the procedure under consideration, familiarize yourself in advance with the already drawn up reporting using an example.
So you can avoid making the most typical mistakes... Some of them may result in a fine.
If in this case dividends are issued to shareholders in cash and in kind, then an example of transactions will look like this:
D-t | K-t | Name of operation, account |
75 | 50 | "Settlements with the founder" - the procedure for the payment of dividends is indicated |
75 | 90 | Reflected income from the sale of finished products |
90 | 43 | The cost price of products already ready for sale is written off in full - which is transferred to the account of dividends |
90 | 68 | The procedure for calculating VAT is indicated |
75 | 68 | The self-withholding tax on personal income is indicated in the amount of 13% |
70 | 68 | Personal income tax is withheld from profits received by the founder himself |
75 | 68 | This transaction deducts tax from the profit of the founder, who at the time of receipt of income is not his employee / employee |
70 | 68 | This operation deducts personal income tax from the income of the shareholder, who is also the founder |
76 | 68 | Profit tax is deducted from the income of the founder himself |
Non-employees of the organization
But most often it is required to make postings on transactions of accrual of profit in the form of dividends to persons who are employees of the organization.
In this case, you will definitely need to open a sub-account No. 75-2. It is opened in addition to account number 75. At the same time, it is also strictly obligatory to use account No. 70 "Payments with personnel on remuneration".
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 that there are significant differences in postings for enterprise employees and non-employees. Both accounts and credit / debit are different.
The presence of inconsistencies can cause problems with the Federal Tax Service.
Video: dividends
Errors in this segment of taxation can serve as a signal for the FTS to try to avoid paying taxes.
Such schemes are quite widespread today. This is especially common with.
Example of accrual
In general, transaction numbers are almost always standard. Therefore, you can always carry out accounting according to the model.
It's simple enough. Especially if any specialized software- 1C: Accounting or something else like that.
An example of dividend accrual:
Always aimed at obtaining a stable income by its founders. In all limited liability companies, the main method of distributing the profit received is the payment of dividends, which is regulated by a number of laws, as well as by the internal documents of the LLC itself. Therefore, the owners may have many questions related to this complex process.
Types of dividends
Dividends are understood to be an absolutely legal option for making a profit from an investment in an enterprise. From the accounting and financial accounting, dividends в - this is a certain part of the received net profit. It is almost always distributed between the owners and participants, according to the invested share in the authorized capital.
In economic practice, there are many classifications of this concept.
They are divided into the following types:
By the type of shares for which the accrual is made:
- For ordinary shares;
- For preferred securities.
By the frequency of payment:
- Menstruation (extremely rare);
- Quarterly;
- Semi-annual;
- At the end of the year.
By form of payment:
- In monetary terms;
- In property or in kind.
By the amount of payments:
- Partial;
- Full.
Expected:
- The main ones based on the results of the work of the enterprise;
- Additional (special or extraordinary).
All these options for the payment of LLC dividends must be fixed in the charter documents, regulating the subtleties of the distribution and payment procedure.
Source for calculating dividends
Calculation and accrual of dividends is always made only from the amount of net profit remaining at the complete disposal of the enterprise after withholding and payment of mandatory fees and taxes. However, LLC legislation practically does not contain the concept of net profit. Therefore, accounting data at the enterprise is taken as a basis, which is documented and annexes to it.
In these documents there is a line in which retained earnings are displayed or indicated uncovered loss from activity in a certain period. The concept of "retained earnings" reflects the economic result from all types of activities minus mandatory expenses and taxes, including penalties (clause 79 of the Regulations on accounting and reporting in the Russian Federation).
There is a need to determine the amount for the payment of dividends, not only at the time of the meeting, but also immediately before the distribution of the amount. This is due to a possible change in net income due to accounting adjustments or additional changes to the balance sheet.
The amount shown on the balance sheet is the basis for calculating dividends. The decision on which part to pay is made by the founders. If there is a communal or state share of funds in the authorized capital of such a company, it must pay at least 30% of the net annual profit.
How is the decision to pay dividends made to an LLC
To accrue and pay dividends to all founders or participants of an LLC is a right, not an obligation, which is enshrined in the statutory document. According to the generally accepted rule, the distribution of dividends to an LLC is made in proportion to the shares invested in its authorized capital (Clause 2, Article 28 of the Law on LLC).
All answers to questions regarding the distribution of the sum of the net total profit of the company are contained in the documents:
- Charter provisions;
- Corporate agreement between all participants;
- Regulations on the distribution of profits (internal).
The law does not prohibit making changes to documents and paying dividends disproportionate to the invested capital of participants. In practice, there are many situations when a revision of such a corporate agreement is carried out and new persons are introduced into it who have the right to receive a part of the total profit. The main condition is to hold a general meeting to make the appropriate additions to the agreement with the unanimous approval of all participants of the LLC. In this case, you can limit yourself to changing the corporate agreement without revising the charter (Civil Code of the Russian Federation Article 66.1 and Article 67.2).
It is legally established that all potential participants must be notified of the meeting 30 days in advance. The payment will be made to all persons indicated in the register, regardless of their presence at the meeting.
All issues related to the amount and timing of the payment of dividends are resolved only at a general meeting with the participation of the founders of the company (Law on LLC, clause 7, clause 2, article 33). This important function cannot be taken over by another organization (as well as exerting pressure on the management of the firm in the distribution of income).
To discuss and make a decision on the possibility of paying dividends:
- A general meeting is held, at which financial documentation and accounting reports are presented;
- The share of the income received for the payment of dividends to the LLC participants is determined, and a decision is made on the procedure for distributing this amount;
- A collective decision is made on the timing and form of payments based on the mathematical majority of the participants in the company present.
After the meeting, on the basis of the signed minutes, the management of the LLC must issue an appropriate order.
When a decision cannot be made
Considering that the payment of dividends based on the results of work is only the right of an LLC, it may not make decisions and direct all income to the development or modernization of production facilities, and other urgent needs.
But there are situations in which a decision is not made or can be declared illegal:
- Until the moment of redemption of all issued shares at the request of the founders or shareholders;
- If the management of the company does not comply with the requirements for the required amount of net assets;
- Until the full payment of contributions to the authorized capital of the LLC;
- At the slightest sign.
If a decision is made to bypass such situations, it can be challenged by any member of the LLC in court.
Term of payment of dividends in LLC
In a limited liability company, the frequency and deadline for the payment of accrued dividends must be regulated by the charter and internal regulations. In most cases, the decision to pay dividends to an LLC is made after summing up the results of the work for the past reporting year, but it can be quarterly or even monthly (Law on LLC, clause 3, article 28). Dividends that are accrued once a quarter or half a year are called interim dividends.
Often, the payment deadline is included in the charter at the stage of setting up an enterprise. In any event, the maximum time allowed after the decision has been made should not exceed 60 days. In individual cases, the founders provide for the possibility of a delay in payments of up to 3 years. In such a situation, any member of the LLC has its own legal right to appeal to the courts and receive their share of the amount of retained earnings (resolution of the Federal Antimonopoly Service of the North-West District of 01.21.2013 N F07-7846 / 12).
Dividend payment form
In most cases, dividends are paid to shareholders in cash. But the charter may provide for payment in the form of other property. Almost always these are own shares or securities of subsidiaries. This economic practice is better known as “reinvestment” or “capitalization of income”. It is increasingly used in the domestic economy and contributes to the development of enterprises, their expansion and modernization.
How to get dividends
All participants who were entered in a special register at the time the decision on payment was made have the right to receive income and accrue dividends to an LLC. The issue is also being resolved with the founders, but with regard to the latter, there may be many nuances in the statutory documents.
The situation is more complicated when distributing payments between holders of various shares. The latter must be entered into a special register, drawn up with a list for a certain number.
Recent changes in legislation have important nuance: when selling shares after the day of drawing up the register for the payment of dividends, their former owner retains the right to receive this type of income for the previous period.
The sequence depends entirely on the type of shares: for ordinary and preferred shares, interest on net profit is paid separately.
After the planned general meeting and the resolution of all organizational issues, the management must accrue dividends, in accordance with the adopted protocol and the issued order. If the accrual of dividends of an LLC was provided for by equity and proportional to the amount contributed, then the formula can be applied:
Net profit× Participant's share (in%)
This is a simplified formula explaining how to calculate dividends in an LLC in most situations. It is valid and, if necessary, distribute dividends to the LLC at. In other cases, the percentage attributable to a share or a share will be regulated by the minutes of the general meeting.
To calculate the amount per share, you must use the dividend yield ratio:
DD = (Amount of dividends for the year / Market price) × 100%
All calculations must be made by the time the register is closed. After that, personal income tax for dividends is necessarily deducted from the amount. It is currently 13%.
How to pay dividends to the founder of an LLC
According to the laws and the charter of the company, the accrual of the amount of dividends to the founders can occur without taking into account the percentage of its share in the authorized capital. However, such a possibility should be taken into account in the statutory documents and duly formalized. Otherwise, unpleasant controversial situations often arise when filing with the tax office.
This feature is associated with the interpretation of Article 43 of the Tax Code of the Russian Federation, which defines dividends as financial income a member of the company, which must be paid in an amount strictly proportional to the invested share. If the amount of interest received by the founder exceeds the specified one and is not documented by the statutory documents, tax deductions on it will be carried out in an increased amount. Tax office has every right to equate such dividends to another type of income.
The legislation provides that a society can be created by one person. In this case, the resolution specifying the payment of dividends to the sole founder of the LLC is adopted by him alone. At the moment, there are no clear explanations on the form of the minutes of the meeting in this case, but all controlling and auditing bodies insist on its presence.
Preferred dividends
Preferred shares can give their holders certain advantages in the payment of dividends. In most situations, the percentage of payment in the distribution of profits is fixed in the charter of the company, but it can also depend on the par value of the share.
Main advantages over regular promotions:
- Have a clearly fixed mechanism for calculating dividends;
- A certain frequency of charges;
- Extended list of sources for payment;
- Advantage of queuing up to receive interest.
Some LLCs, during stable and profitable work, create special funds in which they reserve a part of the profit. In case of shortage financial resources funds from such "reserves" are spent on payment of dividends only on issued preferred shares (Law on JSC, article 42, clause 2).
At the same time, unless a special rate is set for preferred shares, their holders will receive dividends in an amount equal to ordinary shares. If the board of the company decides not to make payments based on the results of an unfavorable reporting period, the owners of preferred shares are also not entitled to receive their share.
Dividends for LLC members are often paid in cash.
The amount can be transferred to a person in two main ways:
- To an open account in any bank (non-cash method);
- Through the cash desk of the company in cash.
If the date of the last day of payments coincides with a holiday or weekend, it must be postponed to the next working day. The amount of dividends is transferred to accounts without taking into account withholding taxes.
Responsibility for non-payment of dividends
If the company violates the rights of shareholders and participants to pay dividends, the latter can go to court for their enforcement... V statement of claim interest for the entire period of delay may also be indicated. In some situations, such a violation of payments becomes an administrative offense (Code of Administrative Offenses, Article 15-20).
Any limited liability company is in fact an economic entity, therefore court sessions are held only in arbitration court(even if a claim is filed by an individual).
If the LLC participant did not receive dividends for an objective reason (did not provide reliable data about the place of residence, current account or other clarifications), he can demand them from the company within 3 years after the end date of payments. If the pre-trial check reveals that the reason for non-payment was the absence of a decision on the distribution of dividends, the claim will be dismissed.