Dividends are not subject to income tax. Taxation of dividends. The procedure for withholding tax on dividends

A dividend is any income received by a shareholder (participant) of an organization when distributing profits that remain after taxation (including in the form of interest on preferred shares) on shares (shares) owned by the shareholder (participant) in proportion to the shares of shareholders (participants) in the charter ( share capital of this organization. Dividends also include any income received from sources outside the Russian Federation, which are classified as dividends in accordance with the laws of foreign states (clause 1 of Article 43 of the Tax Code of the Russian Federation).

The procedure for paying dividends by joint stock companies is established in Chapter V “Company Dividends” of the Federal Law of December 26, 1995 No. 208-FZ “On Joint Stock Companies”.

Federal Law No. 14-FZ of February 8, 1998 “On Limited Liability Companies” does not contain such a concept as a dividend. However, in Art. 28 of this Law provides that the company has the right to decide on the distribution of its net profit among its participants. Part of the profit intended for distribution among the company's participants is distributed in proportion to their shares in the company's authorized capital.

In addition, the letter of the Ministry of Finance of Russia dated May 14, 2015 No. 03-03-10/27550 clarified that for the purposes of applying the Tax Code of the Russian Federation, dividends as such include not only income received by a shareholder from an organization when distributing profits remaining after taxation , on shares owned by the shareholder, but also similar income received by a participant in a limited liability company on shares owned by him.

Tax rates on dividend income

Income in the form of dividends received by Russian organizations in accordance with paragraphs. 1 clause 3 art. 284 of the Tax Code of the Russian Federation are subject to income tax at a tax rate of 0%, provided that on the day the decision to pay dividends is made, the organization receiving dividends has continuously owned, for at least 365 calendar days, no less than a 50% contribution (shares) in the charter ( share capital (fund) of the organization paying dividends or depositary receipts giving the right to receive dividends in an amount corresponding to at least 50% of the total amount of dividends paid by the organization.

According to the opinion of the Ministry of Finance of Russia, set out in, if on the day the decision on the payment of dividends is made, the requirements of paragraphs. 1 clause 3 art. 284 of the Tax Code of the Russian Federation, then a tax rate of 0% is applied to all income received by the organization in the form of dividends, including dividends from additionally acquired shares that increase the company’s share of ownership in the authorized capital above the minimum value established by the named subclause.

When determining the 365-day period of holding a deposit (share) for the purposes of applying a 0% tax rate, the period of ownership of the deposit (share) by the transformed organization may be taken into account, provided that before the reorganization this organization met the criteria established by paragraphs. 1 clause 3 art. 284 of the Tax Code of the Russian Federation (letters of the Ministry of Finance of Russia dated 03/20/15 No. 03-03-06/1/15521, dated 01/30/15 No. 03-03-06/1/3656).

The tax rate specified in paragraphs. 1 clause 3 art. 284 of the Tax Code of the Russian Federation does not apply to income received by foreign organizations that are recognized as tax residents of the Russian Federation in the manner established by Art. 246.2 of the Tax Code of the Russian Federation, with the exception of foreign organizations that independently recognized themselves as tax residents of the Russian Federation in the manner provided for in paragraph 8 of Art. 246.2 Tax Code of the Russian Federation.

An LLC has a number of advantages over an individual entrepreneur: in particular, this concerns the fact that the founders of a limited liability company are not liable for the company’s debts with their own property. In addition, this type of organization allows you to open branches and expand the scope of activity.

However, along with this, there is also a significant disadvantage - the founders of the company cannot freely dispose of the earned capital. Payment of dividends is carried out according to legally established rules.

What is this procedure regulated by?

At their core, dividends are part of the profit (or rather, net profit) that remains after taxes. Accordingly, if, for example, an LLC works for UTII, then this is the amount that remains after the single tax on imputed income has been paid.

Profits are distributed among the founders in proportion to the shares that they contributed to the authorized capital society. However, the company has the right to establish its own procedure for distributing payments, which will be carried out regardless of the participation of the founders.

There are a number of documents regulating the payment procedure:

• Laws No. 208-FZ and No. 14-FZ, adopted in 1995 and 1998 respectively, indicate that the decision must be made by the general meeting of founders.
• The same laws (other subparagraphs) regulate the need to draw up minutes of the meeting.
• Law No. 14-FZ also states that profits can be distributed quarterly, semi-annually or annually(at the same time, experts advise carrying out this procedure once a year, because then the amount of profit and payments can be determined as clearly as possible).
• The Tax Code of the Russian Federation regulates the fact that LLCs (as well as joint-stock companies) must themselves calculate the amount of tax, withhold it and transfer it to the budget. This applies to any chosen taxation system.
• Letters from the Ministry of Finance regulate the timing of tax transfers and payments.

The law stipulates that in the absence of funds the company can pay dividends with property(in particular, fixed assets or goods). However, this method, although seemingly beneficial, is not so, since society will have to pay additional taxes - this and.

All the nuances of this procedure are discussed in detail in the following video:

Payment procedure

The maximum payment period is 60 calendar days from the date of the decision on the need to perform this procedure. In this case, it is permissible to indicate the exact payment deadline if it is indicated in. According to the legislation of the Russian Federation, if payments were not made within the specified period, the founders can contact the company regarding their collection within 3-5 years (3 years according to the laws, more if this information is indicated in the Charter).

The calculation is made directly by the organization. The NFDL rate is 13% . At the same time, in case of payment of income to foreign citizens, the tax rate on personal income will be higher and amount to 15%.

So, if the company received dividends, then personal income tax is calculated as follows (for a Russian participant):

• Amount of dividends accrued to the founder / Dividends accrued to all founders * (Dividends accrued to all founders - Dividends that were received in the current and last years) * 13%.
• If the organization did not receive dividends in the billing period, the formula is significantly simplified: in this case, the dividends accrued to the participant are simply multiplied by 13%.

The decision that dividends will be paid is made at the general meeting of founders. Accordingly, after it has been carried out, a protocol must be drawn up (in two copies), which must contain the following information:

• Date and number.
• Place and date.
• Agenda.
• Signatures of the founders with transcript.

The decision on the distribution of profits itself must contain the data presented below:

• Profit amount and distribution period.
• Proportions of founders during distribution.
• List of participants who should receive payment, indicating its amount.
• Timing and form of income payment.

There is no special document existing for processing payments. That is why an organization can independently develop a form. But in this case, approval of the form of the document will be required using an order on accounting policies.

It is also suitable to use standard forms that are filled out in cases of transfer to another account or in the situation of issuing funds from the cash register. Among them are:

• Specialized statements (in particular, forms and, which were approved at the beginning of 2004, are suitable).
• (the form was approved in 1998 and has the number KO-2).
• Payment orders, etc.

Nuances of the procedure

In the case of payments to a single founder (as well as for a situation with several founders), insurance premiums are not paid, since they are not considered as wages. At the same time, the procedure itself is much simpler, since the sole founder can independently make the appropriate decision on distribution and then make the payment. He will receive net profit in full (minus taxes), since his share in the authorized capital is 100%.

There are also additional nuances that regulate cases in which dividends cannot be paid under any circumstances:

• Lack of fully paid authorized capital.
• The company may currently be recognized (or become recognized after payment is made).
• The LLC did not pay the cost of one of the shares (applies only to some cases).
• There is an uncovered loss, which is reflected in the financial statements.
• The value of net assets does not cover the amount of the authorized and reserve capital (or it will become lower than this amount after payment is made).

Taxes on dividends

Dividends are paid income tax, which must be transferred no later than the deadline for direct payments to the founders. In case of delay, the fine will be 20% of the untransferred amount. A penalty in the amount of one three hundredth of the refinancing rate will also be withheld (paid for each day of delay).

In addition, dividends paid (according to Article 208 of the Tax Code of the Russian Federation) are withheld personal income tax (NDFL), since they are considered sources of income. The tax base takes into account both the payer’s income in cash and in kind. The consequences of non-payment are that the company will be obliged to pay interest to the founders for the use of other people's funds.

Since the company is a source of income for an individual (the founder of the company), which is received in the form of dividends, the company itself will be considered as a kind of tax agent and determine the amount of personal income tax individually for each of the founders. It is important to understand that the basis is not the total amount of dividends, but the difference between its value and the amount of dividends that were received by the tax agent, which is the LLC.

Personal income tax is withheld immediately after the payment of dividends, and its amount must be transferred to the budget before the funds are actually received from the bank by the founders.

Even if the founder refuses to make payments to the company, it is necessary to carry out the procedure for withholding personal income tax.

Thus, the payment of dividends for the founders of a limited liability company has a number of features and subtleties that must be taken into account in order for this procedure to be carried out legally. To do this, it is important to monitor all changes in legislation related to filling out forms, deadlines and payment procedures.

Participants in limited liability companies have the right to expect to receive a portion of the organization’s profits. The profit of the LLC is distributed among its participants (individuals and organizations) in the form of dividends. We tell you how to calculate and pay dividends in 2018 and correctly reflect this process in accounting.

Dividends: what are they?

The definition of the concept “dividend” is disclosed in Art. 43 Tax Code of the Russian Federation. The same rule clearly delineates dividends and other payments in favor of company participants.

Dividends mean any income received from an organization when distributing net profit. That is, the profit that remains after paying all taxes, fees and contributions.

Income from sources outside the Russian Federation, which are classified as dividends in accordance with the laws of foreign countries, are also recognized as dividends on the territory of the Russian Federation.

The following are not dividends:

• payments upon liquidation of an organization not exceeding the participant’s contribution to the authorized capital of the organization;
• payments to participants in the form of transfer of shares (shares) of the same organization into ownership;
• payments to a non-profit organization for the implementation of its main statutory activities, made by organizations whose authorized capital consists of contributions from this non-profit organization.

A separate distribution and taxation procedure applies to the above payments.

Dividend payment procedure

Recipients of dividends from participation in an LLC can be both individuals and organizations. The law does not establish a separate procedure for paying dividends for legal entities and individuals. The general procedure is determined by Art. 28 of the Federal Law of 02/08/1998 No. 14-FZ “On Limited Liability Companies”.

Dividends are paid by decision of the general meeting of participants in proportion to their shares in the authorized capital of the organization. This decision determines the part of the company's profit intended for distribution and the amount of dividends.

Proportional distribution is an optional requirement. The charter can also stipulate another procedure for distributing profits.

The decision to pay dividends can be made only in cases where the net profit of an LLC exceeds its authorized capital and reserve fund. Another important condition is full payment by the LLC participants of their shares in its authorized capital.

The decision on the distribution of profits (payment of dividends) is made by a majority vote and documented in the minutes of the general meeting of participants. If there is only one founder in a company, he has the right to make a sole decision. The decision on payment is made in relation to all participants. Individual participants cannot be deprived of the right to dividends. Moreover, participants do not have to pay postal and banking costs associated with receiving dividends. All commissions are paid by the company itself at its own expense.

It is not possible to pay dividends more than once a quarter. The frequency of payment is established in clause 1 of Art. 28 of the Federal Law of 02/08/1998 No. 14-FZ. Dividends can be paid at the end of the year, half a year or quarter. The frequency may depend on the size of the organization. As a rule, the smaller the organization, the more frequent the payments. Moreover, according to the decision of the company, there may be no payments at all.

The specific period and procedure for paying dividends are determined by the company's charter or a decision of the general meeting of company participants on the distribution of profits.

However, the payment deadlines are still limited. Dividends must be paid no later than 60 calendar days from the date of the decision on payment. The charter or the decision on the payment of dividends may determine other deadlines.

When the payment period is not determined by the charter or decision of the general meeting, it is considered equal to 60 days from the date of adoption of the relevant decision. If dividends are not paid within this period, the LLC participant has the right to appeal to the company with a demand for their payment within three years. After 3 years, unclaimed dividends are restored to retained earnings.

The deadline for filing a claim for payment of dividends cannot be restored. An exception is cases when the participant did not make such a demand under the influence of violence or threat.

When dividends are not paid

Dividends are distributed based on financial statements for the past period. If the company's net assets exceed its authorized capital and reserve fund, the participants may decide to distribute profits.

If the value of the LLC's net assets is less than its authorized capital and reserve fund, the decision to pay dividends is not made. Likewise, it is not accepted if, as a result of the payment of dividends, the value of the assets becomes less than the size of the capital and reserve fund.

Other restrictions on the payment of dividends are established by Art. 29 of the Federal Law of 02/08/1998 No. 14-FZ. Thus, the decision to pay dividends is not made:

• - until full payment of the entire authorized capital of the company;
• - before payment of the actual value of the share of a company participant;
• - if the company meets the criteria for bankruptcy or if these signs appear in the company as a result of such a decision.

If, in the presence of the above restrictions, the company still decides to pay dividends to its participants, this decision is not enforceable. If the restrictions are subsequently lifted, the company will be obliged to pay dividends based on the decision made.

Income tax on dividends

If dividends from participation in an LLC are paid to organizations, the latter are required to pay income tax. This obligation applies not only to organizations using OSNO, but also to special regime holders who, as a general rule, are exempt from paying income tax.

Tax is calculated, withheld and transferred not by the payers themselves, but by tax agents. That is, LLCs that pay dividends. They also submit the income tax return (in the form of a tax calculation - for tax evaders).

Dividends are subject to special (reduced) income tax rates. They are established by clause 3 of Art. 284 Tax Code of the Russian Federation. The general corporate income tax rate on dividends is 13%.

At this rate, dividend recipients – Russian organizations – pay tax. The tax will need to be paid no later than the day following the day of payment of dividends (Article 287 of the Tax Code of the Russian Federation). The declaration (tax calculation) is submitted no later than the 28th day of the month following the quarter in which dividends were paid. For dividends paid in the 4th quarter - no later than March 28 of the following year.

As a general rule, foreign organizations in favor of which dividends are paid are required to pay an increased tax rate of 15%. But international treaties have priority over national legislation, therefore, if an international agreement on the avoidance of double taxation is concluded between the Russian Federation and the state of which a foreign organization is a resident, then the rules and norms of the international treaty apply (Article 7 of the Tax Code of the Russian Federation).

The tax here is also paid no later than the day following the day of payment. At the same time, in addition to the declaration (tax calculation), you also need to submit a separate tax calculation to the Federal Tax Service in the form approved by Order of the Federal Tax Service of Russia dated March 2, 2016 No. ММВ-7-3/115@. It is handed over no later than the 28th day of the month following the quarter in which dividends were paid. For dividends paid in the 4th quarter - no later than March 28 of the following year.

In addition, the law provides for a preferential tax rate equal to 0% (clause 1, clause 3, article 284 of the Tax Code of the Russian Federation). The zero rate is applied to organizations receiving dividends that:

• own by right of ownership a share in the authorized capital of the LLC, which is at least half of the total authorized capital;
• on the day of the decision to pay dividends, have owned such a share for at least 365 consecutive calendar days.

The zero rate applies to both Russian and foreign organizations. The exception is foreign organizations whose state of permanent location is included in the list of offshore companies compiled by the Ministry of Finance of the Russian Federation.

The right to apply the zero rate must be confirmed. To do this, documents containing information on the date of acquisition of ownership of the corresponding share in the authorized capital of the LLC are provided to the Federal Tax Service. Such documents may be, for example, purchase and sale agreements, separation balance sheets and transfer deeds. These documents can be submitted to the tax office along with your tax return.

Personal income tax on dividends

Individual participants are required to pay personal income tax on dividends received. The Tax Code of the Russian Federation does not establish a single tax rate. It depends on the tax status of the individual in whose favor the organization’s profits are distributed. In accordance with this, dividend recipients are divided into tax residents and non-residents. Residence is determined not by citizenship, but by the number of calendar days spent on the territory of the Russian Federation over the next 12 consecutive months.

According to Art. 207 of the Tax Code of the Russian Federation, tax residents are individuals who are in the Russian Federation for at least 183 calendar days during the year. This time is not interrupted by periods of short-term (less than six months) travel outside the territory of Russia for the purposes of treatment and training. Individuals staying in Russia for less than 183 days within 12 consecutive months are not recognized as tax residents. They pay tax at a higher rate.

Tax residents pay tax on dividends at a rate of 13% (Clause 1, Article 224 of the Tax Code of the Russian Federation). Non-residents pay tax at a rate equal to 15%, unless other tax rates are provided for by an international treaty regulating taxation issues (clause 3 of Article 224 of the Tax Code of the Russian Federation).

Taxation of dividends is carried out on the date of actual receipt of income. Moreover, the date of receipt of income is considered the day of payment of dividends, and not the day of their accrual (clause 1 of Article 223 of the Tax Code of the Russian Federation). Therefore, if on the date of accrual of dividends an individual had the status of a non-resident, and at the time of receipt - already a resident, then personal income tax will be paid at a rate of 13%.

Personal income tax is transferred to the budget by tax agents - organizations that pay dividends. They also report on personal income tax. The tax payment deadline is no later than the day following the day of payment of dividends (clause 6 of Article 226 of the Tax Code of the Russian Federation). Information about this must be included in 2-NDFL with attribute 1 (tax was withheld). The certificate is submitted to the Federal Tax Service no later than April 1 of the year following the year of payment. This is a general rule that applies to the payment of income in cash. Dividends paid must also be reflected in Form 6-NDFL.

If dividends are paid in kind (fixed assets, manufactured products, etc.), the tax is paid by the LLC participant himself. In this case, the tax must be transferred no later than July 15 of the year that follows the year the income was received (clause 4 of Article 228 of the Tax Code of the Russian Federation).

When paying dividends in kind, the LLC, no later than March 1 of the year following the year of payments, submits 2-NDFL to the Federal Tax Service with sign 2 (NDFL not withheld). In this case, the recipient of the dividends himself will have to send a declaration in form 3-NDFL to the tax office. The deadline for filing the return is April 30 of the year following the year in which the income was received.

Insurance premiums are not paid on dividends, since dividends do not relate to the form of remuneration under employment and civil law contracts.

Settlements with founders for dividends in “1C: Accounting 8” ed. 3.0

Starting from version 3.0.60, 1C:Accounting 8 has automated the calculation and accounting of dividends.

Thanks to the new features of the program, settlements with founders and the preparation of tax reporting have been significantly simplified.

Changes in the Chart of Accounts

In previous versions of the program, settlements with founders were organized using analytics for counterparties (sub-account Counterparties).

Meanwhile, personal income tax reporting requires analytics on individuals, since most of the founders (participants) of an LLC are individuals, and often the founder is the only one.

Now on accounts 75 “Settlements with founders”, 80 “Authorized capital” and 81 “Own shares (shares)” the “Founders” analytics is provided (Fig. 1).

Depending on the type of founder (participant), the following directories are used as an object of analytics (subconto Founders):

• Counterparties – for legal entities;
• Individuals – for individuals.

In addition, a subaccount 68.34 “Income tax when performing the duties of a tax agent” was opened to account 68 “Calculations for taxes and fees” - so that the “agency” income tax is taken into account separately.

Rice. 1. Fragment of the Chart of Accounts

Formation of authorized capital

To automatically reflect in accounting data about the founders and their shares in the authorized (share) capital in “1C: Accounting 8” (rev. 3.0), the document Formation of the authorized capital (section Operations) is intended. Using this document, you can also print a list of founders.

Starting from version 3.0.60, the document Formation of authorized capital has undergone changes. Now, when entering information about the founder, you need to clarify its type: Individual or Legal entity (Fig. 2).

Rice. 2. Formation of authorized capital

As before, after the Formation of Authorized Capital document is completed, the following transaction(s) are generated:

Debit 75.01 Credit 80.09

- for the amount of debt of the participant (participants) to pay for the share of shares) in the LLC.

But now postings are generated with analytics in the context of founders: individuals or legal entities.

Calculation of dividends

Access to the document Accrual of dividends is carried out using the hyperlink of the same name from the Salaries and Personnel section or from the Operations section (Fig. 3).

Rice. 3. Section "Operations"

The document indicates the recipient of the dividends (individual or legal entity), the period for which the dividends were accrued, and the amount of the dividends.

If the recipient of the dividends is a legal entity, then the document form automatically calculates the income tax paid when performing the duties of a tax agent at a rate of 13% (Fig. 4).

Rice. 4. Calculation of dividends for a legal entity.

The tax amount specified in the Income tax field can be reset to zero. Then the amount of dividends will be reflected in the income statement as dividends, the tax on which is calculated at a rate of 0%.

After posting the Dividend Accrual document, accounting entries are generated (Fig. 5):

Debit 84.01 Credit 75.02

- the amount of accrued dividends to a participant - a legal entity;

Debit 75.02 Credit 68.34

- on the amount of calculated income tax on dividends and payable when performing the duties of a tax agent.

For the purposes of tax accounting for income tax, no amounts are entered into special NU resources, since tax accounting for income tax is not supported in these accounts.

Rice. 5. Movements of the document “Accrual of dividends”, if the recipient is a legal entity.

If the recipient of dividends is an individual, then the program automatically calculates personal income tax at a rate of 13% (Fig. 6).

Rice. 6. Calculation of dividends for an individual.

After posting the Dividend Accrual document, accounting entries are generated (Fig. 7):

Debit 84.01 Credit 75.02

- the amount of accrued dividends to an individual participant;

Debit 75.02 Credit 68.01

- the amount of calculated personal income tax on dividends.

Rice. 7. Movements of the document “Accrual of dividends”, if the recipient is an individual.

In addition to accounting entries, entries are generated in special personal income tax accumulation registers.

The document Accrual of dividends has restrictions:

• it is not intended to reflect dividend payments on shares (only used for LLCs);
• founders (both legal entities and individuals) must have the status of residents of the Russian Federation (for non-residents the tax should be calculated at rates determined by international treaties and different from 13%);
• The LLC does not participate in other organizations, otherwise the tax on dividends should be calculated using a complex formula in accordance with clause 5 of Art. 275 Tax Code of the Russian Federation.

In the above situations, you should use the Transaction document to calculate dividends and taxes.

Dividend payment

Directly from the Dividend Accrual document form, click the Pay button (Fig. 4) to go to the Dividend Payment Assistant form (Fig. 8).

Rice. 8. Dividend Payment Assistant

In the Dividends form, a set of documents for payment is automatically generated:

• payment order for the transfer of dividends;
• payment order for tax payment (personal income tax - if the recipient is an individual and income tax - if the recipient is a legal entity).

To reflect the payment of dividends, new types of transactions are now used:

• transfer of dividends - in the documents Payment order and Write-off from the current account;
• payment of dividends - in the Cash Issue document.

Also, additional fields have appeared in these documents, where the type of recipient and the basis for payment are indicated (Fig. 9).

Rice. 9. Payment order for payment of dividends

Specifying the basis document is necessary in order to automate the tax accounting of dividends. If the founder is an individual, then information about dividends paid is reflected in form 2-NDFL (Fig. 10) and in form 6-NDFL (Fig. 11).

Rice. 10. Reflection of dividends paid in form 2-NDFL

Rice. 11. Reflection of dividends paid in form 6-NDFL

If the founder is a legal entity, then information about dividends paid is reflected in Section A of Sheet 03 (Fig. 12), Section B of Sheet 03 (Fig. 13) and in Subsection 1.3 of Section 1 (Fig. 14) of the profit declaration.

An LLC paying dividends to participants must calculate tax on them, withhold it from the income paid and transfer it to the budget. In other words, fulfill the standard duties of a tax agent. It does not matter what taxation regime the organization paying the dividends applies: general, simplified tax system, pays UTII or Unified Agricultural Tax.

Tax on dividends

What tax to pay on dividends and in what amount depends on who exactly the dividends are paid to (clauses 3, 4 of Article 214, clauses 3, 7 of Article 275, clause 3 of Article 284 of the Tax Code of the Russian Federation).

From 01/01/2019, a 0% rate is established in relation to dividends received by some international holding companies, and a 5% rate in relation to dividends received by foreign persons on shares (stakes) of international holding companies (subclause a, clause 4, article 2 of the Law dated 03.08.2018 N 294-FZ).

Dividend tax calculation

Income tax is calculated separately for each decision made by the participants. Personal income tax is calculated separately for each participant.

If the organization paying dividends did not itself receive dividends, then the tax on dividends distributed in favor of Russian participants is calculated according to the formula (clause 5 of Article 275 of the Tax Code of the Russian Federation):

The tax on dividends accrued to foreign participants is calculated in the same manner.

If the LLC itself received dividends (except those taxed at a rate of 0%), then calculating the tax on dividends paid to Russian participants will be somewhat more complicated:

Income tax withheld from dividends is transferred to the budget for the following BCCs.

Information about dividends paid and income tax withheld from them must be reflected in the income tax return.

Read the separate article.

Insurance premiums from dividends

Dividends paid to individuals are not subject to insurance contributions to extra-budgetary funds, even if they are received by an LLC employee.

Dividends are the profit that the owners of a company receive as a result of its effective operation. However, as with any income, taxes must be paid on dividends. Let's look at how to calculate income tax on dividends.

Concept of dividends

In taxation, dividends mean the income that the owner of a legal entity receives when distributing the resulting profit. For example, in a joint-stock company dividends are paid to participants, and in an LLC, profits are usually distributed among the founders according to the available shares. Profit is paid to both individuals and legal entities. But now they have the obligation to pay taxes: for individuals - personal income tax, and for legal entities - income tax.

Tax rates on dividends of legal entities and individuals

Personal income tax

Until 2015, if a citizen received a profit, the income tax on dividends from individuals was calculated at a rate of nine percent. Now the rate is higher and is 13 percent. The amount of mandatory tax is withheld by the organization that pays the dividends.

It turns out that since 2015, the dividend rate has been equal to the “salary” rate, although income tax is not subject to contributions to insurance funds, since it is outside the scope of labor legislation. The general formula for calculating taxes on dividends is provided in clause 5 of Art. 275 Tax Code of the Russian Federation. With its help, both personal income tax and income tax are calculated (letter of the Ministry of Finance of the Russian Federation dated June 17, 2015 No. 03-04-06/34935).

When is a tax deduction not applied?

Personal income tax reporting

According to the Tax Code (clause 4 of Article 230), persons who are recognized as tax agents in accordance with the Tax Code of the Russian Federation (Article 226.1) are required to submit information to the territorial department of the tax inspectorate:

Information is transmitted in the order and within the time limits specified in Art. 289 Tax Code.

It should be noted that such tax agents are not subject to the general procedure for transferring information on the profits of individuals to the Federal Tax Service by providing a certificate of income of individuals.

The income tax return form is now in effect. It is filled in when tax agents have to pay dividends. The declaration form was approved by a letter from the Federal Tax Service of Russia dated 02/05/2015.

Income tax

As mentioned earlier, the tax base for dividends is determined in accordance with Art. 275 Tax Code of the Russian Federation. Income tax is withheld at a rate of 13% on the day of payment of dividends, directly by the organization that issues them. It is worth noting that a legal entity must transfer tax to the budget no later than the day following the payment of dividends.

If the income is received from a foreign organization, then the calculation and payment of tax lies on the shoulders of the domestic organization. If the payment is made by a Russian organization, then it is the organization that is obliged to withhold and pay tax for the recipient company.

Tax agent responsibilities exist for Russian companies regardless of the taxation regime.

Calculation of net assets

By law, dividends cannot be distributed, for example, if the company’s net assets have become less than the authorized capital. To do this, you need to know how to calculate these “net assets”.

The procedure for determining the value of net assets was approved by Order of the Ministry of Finance of the Russian Federation No. 84n dated August 28, 2014 and is binding on both JSCs and LLCs.

The value of net assets represents the book value of everything that will exist at the disposal of the founders of the organization if they pay off every single obligation; this value is determined on the basis of accounting data.

When calculating, the receivables of the founders for unpaid contributions to the authorized capital or payment for shares are subtracted from the total assets of the organization.

As for liabilities, they must be reduced by the amount of future income received as government assistance or as property transferred free of charge.

How to calculate tax on dividends

Let's look at how the calculations are carried out.

Example 1

The authorized capital of Alpha LLC consists of equal shares of three investors. In May 2016, the LLC paid its founders P.S. Ivanov and S.I. Petrov. – Russian citizens, and Sidorchuk I.P. – to a non-resident of the Russian Federation, a citizen of Ukraine, dividends. Each - in the amount of 300,000.00 rubles.

When paying them, personal income tax is withheld. From Russians - 39,000.00 rubles. (300,000 x 13%); each of the Russian participants received 261,000.00 rubles. (300,000 – 39,000).

The personal income tax withheld from a citizen of Ukraine amounted to 45,000.00 rubles. (300,000 x 15%), and payment to Sidorchuk I.P. amounted to 255,000.00 rubles. (300,000–45,000).

The next day after the payments to the founders, Alpha LLC transferred the withheld personal income tax in the amount of RUB 123,000.00. to the budget (39,000+39,000+45,000).

Example 2

Beta LLC in 2016 decided to pay dividends for 2015 in the amount of RUB 1,000,000.00. to its investors: Gamma LLC (60% of the authorized capital), Delta LLC (30%), resident of the Russian Federation P.S. Ivanov. (7%) and non-resident of the Russian Federation Ukrainian Sidorchuk I.P. (3%).

Beta LLC owns shares in the authorized capitals of:

• Epsilon LLC – 100%; Beta LLC owns this share for three years: 2014, 2015 and 2016, that is, dividend income will be taxed at a rate of 0%.
• Zeta LLC – 40%, that is, dividend income will be taxed at a rate of 13%.

In 2015, Beta LLC received dividends from Epsilon LLC in the amount of RUB 1,500,000.00. and from Zeta LLC - in the amount of RUB 500,000.00. These dividends were not taken into account when calculating the tax base for dividends paid by Beta LLC to its participants in 2015. At the end of 2015, Beta LLC distributed profit in the amount of RUB 1,000,000.00 among its participants. in the following order:

• Ivanov P.S. and Sidorchuk I.P. RUB 70,000.00 each and 30,000.00 rub. respectively;
• Gamma LLC – RUB 600,000.00;
• Delta LLC – RUB 300,000.00.

Dividends were paid in May 2016. Personal income tax and income tax on them are calculated as follows:

• In Sidorchuk I.P. Personal income tax amounted to RUB 4,500.00. (30,000 x 15%), payment to Sidorchuk I.P. amounted to RUB 25,500.00. (30,000 – 4,500).
• Ivanov P.S. Personal income tax is calculated according to the following rule: if the company that issues dividends makes a profit in another organization, then personal income tax must be calculated using the formula: personal income tax = 13% x (Div - Div1) x Div2/Div, where:
  • Personal income tax is the calculated tax of an individual resident of the Russian Federation;
  • Div – the amount of profit to be distributed (in our example, 1,000,000.00 rubles);
  • Div1 – the amount of dividends received (this includes profits received from third parties, including for previous periods, but not included in the calculation of tax), minus income received by Russian organizations in the form of dividends, provided that on the day of the decision on the payment of dividends, the organization receiving dividends for at least 365 calendar days continuously owns by right of ownership at least 50 percent of the authorized capital of the organization paying dividends or depositary receipts giving the right to receive dividends in an amount corresponding to at least 50 percent of the total the amount of dividends paid by the organization (RUB 500,000.00 - income from Zeta LLC);
  • Div2 – share (dividends) of an individual – a resident of the Russian Federation (RUB 70,000.00).

  So, personal income tax on dividends from Ivanov P.S. amounted to RUB 4,550.00. (70,000/1,000,000 x 13% x (1,000,000 – 500,000); Ivanov will receive 65,450.00 rubles (70,000.00 – 4,550).

• Dividends received from Gamma LLC are not taken into account when calculating the deduction, since they are subject to income tax at a rate of 0%.
• The income tax on dividends of Delta LLC, withheld by the tax agent of Beta LLC, will amount to RUB 195,00.00. (300,000/1,000,000 x 13% x (1,000,000 – 500,000). The participant receives 280,500 rubles (300,000 – 19,500).

How to determine the total amount of personal income tax taking into account dividends: Video