The rate of personal income tax on interest under the loan agreement. Personal income tax with material benefits on the loan

RF letter of June 19, 2017 No. 03-04-05 / 38138 The Department of Tax and Customs Policy considered an appeal on the issue of taxation of personal income tax interest income received under the loan agreement, and informs that according to the Regulation of the Ministry of Finance Russian Federation, approved by order of the Ministry of Finance of the Russian Federation dated 15.06.2012 No. 82n, the Ministry does not consider applications for assessing specific economic situations. Paragraph 1 of Article 807 Civil Code Of the Russian Federation (hereinafter referred to as the Civil Code) defines a loan agreement as an agreement under which one party (the lender) transfers to the ownership of the other party (the borrower) money or other things defined by generic characteristics, and the borrower undertakes to return the same amount of money to the lender (the loan amount ) or an equal number of other things he received of the same kind and quality.

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Loan registration, despite the official wording indicating the participation of two parties to the agreement, provides for the relationship of a larger number of parties, since this procedure is regulated by the state. In particular, in addition to the financial relationship between the lender and the borrower, one of the parties must pay the state a certain amount of tax, which is calculated on the profit received from this operation.

That is why it is important to know how to correctly calculate personal income tax on a loan and in what situations it is necessary. The legislative framework for 2018 In accordance with the norms specified in article 212 Tax Code Income in the form of material benefits when applying for a loan is the amount received by the taxpayer due to savings on interest when using the funds provided.

KBK for payment of personal income tax

Can you please tell me whether it is necessary to pay personal income tax when a loan is provided by one individual to another individual? When a cash loan is provided by one individual to another individual, the obligation to calculate and pay personal income tax does not arise. Question number 2. I received an interest-free loan from an employer to build a house, but this is not indicated in the contract - it just contains information about the loan, but without a purpose.
Can I somehow prove the fact that the money was received specifically for the construction of a house in order to avoid paying personal income tax? You need to conclude an additional agreement to the Loan Agreement, which will indicate the purpose of obtaining and providing a loan. In addition to the additional agreement, it is necessary to receive a notification from the Federal Tax Service Inspectorate of the emergence of the right property deduction in connection with the construction of a new house.
Question number 3.

Personal income tax on a loan to an individual in 2018

Calculation and payment of personal income tax from a loan The rules for calculating personal income tax from material benefits have changed significantly with the introduction of new amendments to the current legislation in 2018. In particular, now the calculation of profit in the form of material benefits must be carried out on the last day of each month.

July 4, 2017ndfl from interest income under the loan agreement

Info

KBK. See “Changes to the BCF in 2018”. However, the BCF for personal income tax for employees in 2018 did not change and remained exactly the same. The BCC on personal income tax for individual entrepreneurs did not undergo amendments either.

We present in the table the current main income tax BCCs for 2018. Table with BCC for 2018 for personal income tax Type of personal income tax BCC in 2018 year personal income tax from the income of employees 182 1 01 02 010 01 1000 110 Penalty on personal income tax on the income of employees 182 1 01 02010 01 2100 110 Penalties on personal income tax from the income of employees 182 1 01 02 010 01 3000 110 Tax paid by individual entrepreneurs on common system taxation 182 1 01 02020 01 1000 110 Penalty on personal income tax, which is paid by individual entrepreneurs on the general system 182 1 01 02020 01 2100 110 Fines on personal income tax, which are paid by individual entrepreneurs on the general system 182 1 01 02 020 01 3000 110 Sample payment order for personal income tax in 2018 Below is a sample of a payment order for transfer of personal income tax in 2018.

Congratulate!

Attention

The Ministry of Finance of Russia said whether the organization should withhold personal income tax from interest paid to an individual under a loan agreement? Under the loan agreement, one party (the lender) transfers to the ownership of the other party (the borrower) money or other things defined by generic characteristics, and the borrower undertakes to return the same amount of money (loan amount) or an equal number of other things of the same kind and quality received to the lender (Clause 1 of Art. 807 of the Civil Code of the Russian Federation). At the same time, unless otherwise provided by law or the loan agreement, the lender has the right to receive interest from the borrower on the loan amount in the amount and in the manner specified by the agreement (cl.

About personal income tax from interest income under a loan agreement with an organization

ММВ-7-11 / "On approval of the form for calculating the amounts of tax on personal income calculated and withheld by the tax agent (form 6-NDFL), the procedure for filling it out and submitting it, as well as the format for presenting the calculation of the amounts of tax on personal income calculated and withheld by a tax agent, in electronic form ”. It should be remembered that the payment of personal income tax to the budget of the Russian Federation is carried out by a tax agent no later than the next day after the income is received by an individual.

So, in the case of calculating personal income tax from the material benefit received by an individual from saving interest when using borrowed (credit) funds, personal income tax is paid no later than the 1st day of the month following the month of using borrowed funds (Article 226 of the Tax Code of the Russian Federation). Heading "Questions and Answers" Question №1.

How is material benefit and personal income tax from a loan determined?

In respect of interest received by an individual who is a resident of the Russian Federation, the tax rate is set at 13 percent (paragraph 1 of Article 224 of the Code). In this case, the responsibility for calculating, withholding and transferring personal income tax from income in the form of interest received under a loan agreement shall be imposed on an organization recognized as a tax agent in accordance with Article 226 of the Code with respect to said income. Subparagraph 1 of paragraph 1 of Article 223 of the Code established that the date of actual receipt of income when receiving income in monetary form the day of payment of income is considered, including the transfer of income to the taxpayer's bank accounts or, on his behalf, to the accounts of third parties. At the same time, it is reported that this letter of the Department does not contain legal norms, does not specify normative prescriptions and is not a normative legal act.

Individual income tax is charged separately to residents and non-residents of the Russian Federation, but this does not apply employees... Some income specified in the statute is not subject to taxation (for example, inheritance, sale of real estate over 3 years old, gifts from close relatives, etc.) The income declaration gives individuals the right to certain tax deductions. In a situation where income is wages, the state takes tax from it not from the employee after accrual, but from the tax agent - the employer, who will give the employee a salary with taxes already deducted to the budget. Personal income tax from employee income Is paid by the tax agent on a monthly basis on payday, maximum the next day.
In case of payment of sick leave and vacation benefits, the tax is transferred by the tax agent no later than the end of the month of their payment.

Personal income tax with interest on a loan from an individual 2018 kbk

Calculation of material benefits from a loan to an individual with payment of interest Calculation of material benefits from a loan to an individual with payment of interest is made according to the following formula: MV = SZ * (2/3 KSTSB - D) * KKD / 365 (366)

• MB - material benefit
• СЗ - the amount of borrowed money Money
• KSB - key rate Of the Central Bank RF
• D - interest rate specified in the Loan Agreement
• KKD - the number of calendar days of using borrowed funds in the current month
• 365 (366) - the number of calendar days in the current year

Example 1. LLC "ABV" provided 12.07.2017 to Korolev K.K. money loan in the amount of 360,000 rubles for a period until 31.12.2017 The interest rate under the Loan Agreement was 5%. July 31, 2017

Kbk personal income tax with interest on a loan from an individual 2018

The date no later than which you need to pay personal income tax to the budget, in our example - February 12, 2018 (since the 10th and 11th numbers are Saturday and Sunday). Benefits and holiday personal income tax Withheld from benefits for temporary disability, benefits for the care of a sick child, as well as from vacation pay, must be transferred no later than the last day of the month in which the income was paid. For example, an employee goes on vacation from March 6 to March 23, 2018. The leave was paid to him on March 1. In this case, the date of receipt of income and the date of withholding of personal income tax is March 1, and the last date when personal income tax must be transferred to the budget is March 30, 2018. Withheld personal income tax in 2018, in general, pay to the details of the IFTS in which the organization is registered (paragraph 1 of clause 7 of article 226 of the Tax Code of the Russian Federation). Individual entrepreneurs, in turn, pay personal income tax to the inspectorate at their place of residence.

It is necessary to calculate income in the form of material benefits from savings on interest on loans on the last day of each month. For example, a loan was issued on January 15th and repaid on March 23rd. Then it will be necessary to calculate the material benefit on January 31, February 28 (29) and March 31 (subparagraph 7 of clause 1 of article 223 of the Tax Code of the Russian Federation).

If an organization issued a loan to an individual (for example, to its employee), then it is she who will appear in relation to income in the form of material benefits. Consequently, the organization will have to (Article 226 of the Tax Code of the Russian Federation):

• calculate monthly income in the form of maturity and personal income tax from it;
• withhold tax from the next cash payments to an individual;
• transfer the withheld tax to the budget;
• at the end of the year, submit a 2-NDFL certificate to an individual.

If cash income is not paid to an individual and there is nothing to withhold tax from, then at the end of the year, no later than March 1, you must inform the Federal Tax Service Inspectorate of the impossibility of withholding tax (clause 5 of article 226 of the Tax Code of the Russian Federation).

Interest-free loan: material benefits and personal income tax

The maturity for interest-free loans is calculated according to the following formula (subparagraph 1 of clause 1, clause 2 of article 212 of the Tax Code of the Russian Federation):

The number of days of using the loan is calculated:

• in the month when the loan is issued - from the day following the day of issuing the loan to the last day of the month;
• in the month when the loan is repaid - from the first day of the month to the day of repayment of the loan;
• in other months - as a calendar number of days in a month.

Material benefit under an interest-bearing loan agreement: personal income tax

If the loan is issued at interest, but the interest rate under the agreement is less than 2/3 of the key rate of the Central Bank, then the maturity is calculated according to the following formula (subparagraph 1 of paragraph 1, paragraph 2 of article 212 of the Tax Code of the Russian Federation):

Calculation of personal income tax from material benefits on loans

The rate of personal income tax on material benefits on loans is (Article 224 of the Tax Code of the Russian Federation):

• if the individual is a resident - 35%;
• if an individual - - 30%.

You need to withhold tax from the nearest paid individual cash income.

To calculate personal income tax from material benefits on a loan, you can use.

Payment of personal income tax from material benefits on a loan

Personal income tax withheld from any income paid to an individual (except for vacation pay and temporary disability benefits) is transferred to the budget no later than the next day after the payment of income (clause 6 of article 226 of the Tax Code of the Russian Federation).

A sample payment order for the payment of personal income tax is given.

Personal income tax and material benefits for a loan from an individual

If an individual has received an interest-free loan from another natural person, then income in the form of material benefits from savings on interest does not arise. That is, no one needs to pay personal income tax on such a loan.

no, the organization acts as a tax agent.

this is not the situation at all.
Question: According to the position of the Federal Tax Service of Russia, the income of an individual received as a result of granting loans to individuals is subject to taxation of personal income tax at a rate of 13% on the basis of the submitted tax return and refer to goals of personal income tax to income in the form of interest on loans.
Subparagraph 1 of clause 1 of Art. 208 of the Tax Code of the Russian Federation established a tax on income received tax resident RF in the form of interest from a Russian organization or from Russian individual entrepreneurs. An indication of interest received from individuals in art. 208 of the Tax Code of the Russian Federation is not contained.
The legislation does not establish a special composition of the subjects of the loan agreement regulated by Art. 807 of the Civil Code of the Russian Federation, and does not classify the provision of a loan as an activity.
Is taxation legal Personal income tax individuals in the form of interest paid under a loan agreement that is concluded with an individual who is not an individual entrepreneur?

Answer:
MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION

The Department of Tax and Customs Tariff Policy considered a letter on the issue of taxation of personal income with the amounts of funds paid under a loan agreement concluded between individuals and in accordance with Art.

34.2 of the Tax Code of the Russian Federation (hereinafter - the Code) explains the following.
According to Art. 210 of the Code, when determining the tax base for personal income tax, all income of the taxpayer is taken into account, the right to dispose of which has arisen.
Article 41 of the Code defines income as an economic benefit in monetary or in kind, taken into account if it is possible to assess it and to the extent that such benefit can be assessed, and determined for individuals in accordance with Ch. 23 "Personal Income Tax" Code.
The list of incomes exempted from personal income tax is contained in Art. 217 of the Code. This item does not contain income in the form of amounts of money paid under the loan agreement.
Thus, in the event that the borrower returns the amount of funds in excess of the loan amount he received, the lender receives an economic benefit (income) that is subject to tax on personal income.
With regard to the specified income, clause 1 of Art. 224 of the Code established a tax rate of 13 percent.
With regard to the provisions of Art. 208 of the Code, these norms are applied in order to qualify the source of income received (in the Russian Federation or abroad).

Deputy Director
Department of Tax
and customs and tariff policy
S.V. RAZGULIN
08.09.2011

As a rule, unless otherwise provided by law or the loan agreement, the lender has the right to receive interest from the borrower on the loan amount in the amount and in the manner determined by the agreement. The specified interest is essentially a payment for the use of funds (clause 1 of article 809 of the Civil Code of the Russian Federation; clause 11 of the Review judicial practice in civil cases related to the resolution of disputes on execution credit liabilities, approved By the Presidium of the Supreme Court of the Russian Federation 05/22/2013).

Determination of the tax base for personal income tax

When determining the tax base for personal income tax, all income of the taxpayer, both in cash and in kind, or the right to dispose of which has arisen, as well as income in the form of material benefit, are taken into account. The interest that the lender receives in excess of the amount of the loan repaid is for him economic benefit subject to personal income tax on a general basis. With respect to this income, the personal income tax rate is set at 13% (Art.

41, 209, paragraph 1 of Art. 210, paragraph 1 of Art. 224 of the Tax Code of the Russian Federation).

As for the material benefit, which is also subject to personal income tax, in this case, it includes the benefit from savings on interest when the taxpayer-borrower receives borrowed (credit) funds from organizations or individual entrepreneurs (clause 1 of article 210, clause 1 of clause 1 of Art. 1 article 212 of the Tax Code of the Russian Federation). At the same time, the legislation does not provide for the calculation of material benefits in the event of a loan relationship between two individuals.

Note!

If the borrowed funds are transferred to a foreign individual abroad, then the interest on the loan refers to income from sources outside the Russian Federation and is also subject to personal income tax (subparagraph 9 of paragraph 3 of Article 208 of the Tax Code of the Russian Federation).

Reflection of income in the tax return and payment of tax

The specified income must be reflected in the tax return in the form of 3-NDFL, which the taxpayer-lender submits to tax authority at the place of residence no later than April 30 of the year following the year in which the corresponding interest was received (subparagraph 1 of paragraph 1 of article 228, paragraph 1 of article 229 of the Tax Code of the Russian Federation).

The taxpayer pays the total amount of tax payable, calculated independently, at the place of residence no later than July 15 of the year following the year following the results of which the tax declaration is submitted (clause 4 of article 228 of the Tax Code of the Russian Federation).

Related questions

How to draw up a loan agreement between individuals? >>>

Question from the reader Clerk.Ru Galina (Oktyabrsky)

Please tell me, the organization (OSN) took a loan from an individual, monthly charges him interest and, if possible, pays them to him. Is it necessary at the end of the year to provide 2NDFL certificates for an individual to the tax office and is it necessary to pay income tax from his income (i.e. from the amount of interest)?

In accordance with paragraphs. 1 p. 1 of Art. 208 and p. 1 tbsp. 209 of the Tax Code of the Russian Federation, income received by a taxpayer in the tax period (calendar year) in the form of interest received from a Russian organization is recognized as an object of taxation for personal income tax.

According to paragraph 1 of Art. 224 of the Tax Code of the Russian Federation, the tax rate for such income is set at 13 percent.

The date of actual receipt of income in the form of interest is determined in accordance with paragraphs. 1 p. 1 of Art. 223 of the Tax Code of the Russian Federation as the day of payment of these incomes, including the transfer of interest to the taxpayer's bank accounts.

Clause 1 of Art. 226 of the Tax Code of the Russian Federation determines that Russian organizations from which or as a result of relations with which the taxpayer received the income specified in paragraph 2 of Art. 226 of the Tax Code of the Russian Federation, are obliged to calculate, withhold from the taxpayer and pay the corresponding amount of tax. Such persons are recognized as tax agents for the purpose of calculating personal income tax.

Calculation of amounts and payment of tax, in accordance with Art. 226 of the Tax Code of the Russian Federation, are made in relation to all income of the taxpayer, the source of which is the tax agent, with the exception of income in respect of which the calculation and payment of tax are carried out in accordance with Art. Art. 214.1, 227, 227.1 and 228 of the Tax Code of the Russian Federation, offsetting previously withheld tax amounts (clause 2 of Article 226 of the Tax Code of the Russian Federation).

Based on the stated norms, the organization must be recognized as a tax agent for personal income tax.

Tax agents are required to withhold the accrued tax amount directly from the taxpayer's income when it is actually paid. Withholding from the taxpayer the accrued tax amount is carried out by the tax agent at the expense of any monetary funds paid by the tax agent to the taxpayer, upon actual payment of these funds to the taxpayer or on his behalf to third parties (clauses 4, 6, Article 226 of the Tax Code of the Russian Federation).

The aggregate amount of tax calculated and withheld by the tax agent from the taxpayer, in respect of which he is recognized as a source of income, is paid at the place of registration of the tax agent with the tax authority (clause 7 of article 226 of the Tax Code of the Russian Federation).

Thus, the organization, being recognized as a tax agent, is obliged to withhold the accrued amount of personal income tax directly from the taxpayer's income received in the form of interest, upon their actual payment.

In accordance with paragraph 2 of Art. 230 of the Tax Code of the Russian Federation, tax agents submit to the tax authority at the place of their registration information on the income of individuals of this tax period and the amounts of taxes accrued and withheld in this tax period annually no later than April 1 of the year following the expired tax period, in the form approved by the federal executive body authorized for control and supervision in the field of taxes and fees.

The said information is submitted by tax agents to the tax authorities at the place of their registration on magnetic media or using telecommunications.

It is very easy to get a personal consultation of Svetlana Skobeleva online - you need to fill in ... Several of the most interesting questions will be selected every day, the answers to which you can read on our website.

V.M. Akimova,
state councilor tax service III rank

1. General Provisions

According to Art. 807 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), the provision of a loan is the transfer by the lender to the borrower of the ownership of money or other things defined by generic characteristics, with the condition that the borrower returns the loan amount or an equal number of other things of the same kind and quality received by him on the basis of the agreement between the participants contract transactions.

Article 807 of the Civil Code of the Russian Federation also admits that on the territory of the Russian Federation, the subject of a loan agreement may be foreign currency and currency values, but at the same time the rules of Art. 140, 141 and 317 of the Civil Code of the Russian Federation.

Loan agreements are usually drawn up in writing... If the lender is entity, the loan agreement is drawn up only in writing, regardless of the amount.

A loan agreement between individuals must be concluded in writing if its amount exceeds at least 10 times statutory minimum size wages.

In confirmation of the loan agreement and its terms, a receipt of the borrower or other document may be presented, confirming that the lender has transferred a certain sum of money or a certain number of things.

2. Taxation of income received under a loan agreement

2.1. General Provisions

According to Art. 210 of the Tax Code of the Russian Federation (Tax Code of the Russian Federation), individuals can receive income in various forms - in cash and in kind, in the form of material benefits, and these incomes are subject to personal income tax (PIT).

Under a loan agreement, an individual can receive income subject to personal income tax if he acts both as a borrower and as a lender. The taxation of personal income tax on income also depends on what conditions between the lender and the borrower are established in the agreement or other document confirming the receipt of the loan, as well as the results of the execution of the agreement by the borrower.

If the borrower is an individual, then he has income in the form of material benefits from savings on interest on the use of borrowed funds, determined in accordance with Art. 212 of the Tax Code of the Russian Federation. If the borrower's debt is repaid or interest is paid for it by the lender or another person, income is the amount of the loan repaid by these persons and the amount of interest paid for it.

If an individual is a lender, income arises in the form of interest received under the loan agreement. In this case, the amount of the repaid loan is not the income of the lender.

Under a loan agreement, an individual can receive a loan with or without payment of interest for the use of borrowed funds.

2.2. Determination of the tax base and the amount of tax in relation to income in the form of material benefits

According to subparagraph 1 of paragraph 1 of Art. 212 of the Tax Code of the Russian Federation, income in the form of material benefit is the material benefit received from savings on interest for the use of borrowed funds by the taxpayer received from organizations or individual entrepreneurs. For tax purposes when receiving income in the form of material benefits the tax base is determined by:

For ruble loans - as an excess of the amount of interest for the use of borrowed funds, denominated in rubles, calculated on the basis of three quarters current rate refinancing established by the Bank of Russia as of the date of actual receipt by the taxpayer of income, over the amount of interest calculated on the basis of the terms of the agreement;

By foreign currency loans- as an excess of the amount of interest for the use of borrowed funds, expressed in foreign currency, calculated on the basis of 9% per annum, over the amount of interest calculated on the basis of the terms of the contract.

Wherein to determine the tax base for a loan agreement material benefit is established if borrowed funds are received by an individual from organizations and individual entrepreneurs. If the loan is received by an individual from individuals who are not individual entrepreneurs, then the material benefit is not determined.

To calculate the amount of material benefit received from savings on interest for the use of borrowed funds by the taxpayer, several indicators are used:

Interest rate based on the terms of the agreement;

The calculated interest rate, which on ruble loans is determined based on three-fourths of the effective refinancing rate of the Bank of Russia as of the date of interest payment;

Estimated interest rate, which for foreign currency loans is determined based on 9% per annum;

The number of days of using borrowed funds;

The number of calendar days in the tax period.

To determine the tax base, readers of the magazine should keep in mind the following:

According to Art. 223 of the Tax Code of the Russian Federation, the date of actual receipt of income in the form of material benefits is the day of payment of interest on the borrowed funds received;

Until January 1, 2008 in art. 212 of the Tax Code of the Russian Federation contained a rule that provided for the calculation of the material benefit from savings on interest on the use of ruble loans, taking into account three-quarters of the refinancing rate of the Bank of Russia established on the date of receipt of the above borrowed money;

From January 1, 2008 in connection with the new rules established Federal law from 24.07.2007 N 216-FZ "On amendments to part two of the Tax Code of the Russian Federation and some others legislative acts Of the Russian Federation ", the calculation of material benefits is based on three-fourths of the refinancing rate of the Bank of Russia as of the date of actual receipt of income.

The amount of personal income tax is calculated simultaneously with the calculation of material benefits. At the same time, in relation to the material benefit received from savings for the use of borrowed funds by an individual who is a tax resident of the Russian Federation, personal income tax rate applied in the amount of 35% (clause 2 of article 224 of the Tax Code of the Russian Federation). The material benefit received from savings for the use of borrowed funds by an individual who is not a tax resident of the Russian Federation is subject to personal income tax at a rate of 30% (clause 3 of article 224 of the Tax Code of the Russian Federation).

2.3. Taxation of income under a loan agreement with payment of interest

In accordance with paragraph 2 of Art. 212 and subparagraph 3 of paragraph 1 of Art. 223 of the Tax Code of the Russian Federation, if the loan agreement provides for the payment of interest, then the material benefit from saving on interest for the use of borrowed funds is determined on the day of payment of interest on the borrowed funds received. So, paragraph 2 of Art. 212 of the Tax Code of the Russian Federation provides that for the calculation of material benefits, three quarters of the refinancing rate of the Bank of Russia established on the date of receipt of income are accepted, and according to subparagraph 3 of paragraph 1 of Art. 223 of the Tax Code of the Russian Federation, the date of payment of interest is considered the date of receipt of income.

Example 1.

On January 9, 2008, an employee who is a tax resident of the Russian Federation received a loan in the amount of RUB 200,000 from an organization at his place of work. for three months at the rate of 5% per annum. The terms of the agreement stipulate that the payment of interest and the return of the loan are made simultaneously no later than April 9, 2008. The refinancing rate of the Bank of Russia, established on the date of actual receipt of income, that is, on the date of payment of interest on the loan, was 10.25% per annum.

April 9, 2008 material benefit for the period of using the loan is determined taking into account the following data:

- loan amount - 200,000 rubles;

- the number of days of using the loan - 92 days;

The amount of interest paid by the employee under the loan agreement amounted to 2,513.66 rubles. (200,000 rubles x 5%: 366 days x 92 days). At the same time, the amount of interest payment for this period, taking into account three-fourths of the refinancing rate of the Bank of Russia as of the date of receipt of income in the form of material benefits, amounted to 3866.01 rubles. (200,000 rubles x 7.69%: 366 days x 92 days).

Thus, the employee received a material benefit in the amount of 1,352.35 rubles. (3866.01 rubles - 2513.66 rubles). Personal income tax was calculated from the amount of material benefits received at a tax rate of 35% and amounted to 473 rubles. (1352.35 rubles x 35%).

If the loan agreement was concluded before January 1, 2008 and is valid, for example, during two tax periods 2007-2008, then the material benefit and personal income tax amount set separately for each tax period, taking into account the provisions as before current edition- in terms of material benefits for 2007, and new edition Art. 212 of the Tax Code of the Russian Federation - in terms of material benefits for 2008.

Example 2.

On November 1, 2007, the organization issued to its employee, being a tax resident of the Russian Federation, a loan in the amount of 90,000 rubles. for three months with payment of interest at the rate of 5% per annum. The terms of the agreement stipulate that the loan will be repaid on a monthly basis in equal installments simultaneously with the payment of interest no later than the 1st day. The loan is repaid and interest is paid by the employee:

- November 30, 2007 - interest was paid for the period from November 1 to November 30, 2007, and part of the loan was returned in the amount of 30,000 rubles;

- December 29, 2007 - interest was paid for the period from December 1 to December 31, 2007 and the balance of the loan was returned in the amount of RUB 30,000;

- January 31, 2008 - interest was paid for the period from January 1 to February 1, 2008 and the balance of the loan was returned in the amount of 30,000 rubles.

In this case, the received material benefit and the amount of tax should be determined by the accounting department of the organization on a monthly basis.

In 2007 the material benefit under the loan agreement was calculated based on three quarters of the refinancing rate of the Bank of Russia as of the date of the loan. Let's assume that the refinancing rate on the day the loan is issued is 10%.

For the period from November 1 to November 30, 2007

- loan amount - 90,000 rubles;

- the number of days of using the loan - 30 days;

The amount of interest paid by the employee under the loan agreement for the above period was 369.86 rubles. (90,000 rubles x 5%: 365 days x 30 days), and the amount of interest based on three-fourths of the refinancing rate of the Bank of Russia as of the date of the loan is 554.79 rubles. (90,000 rubles x 7.5%: 365 days x 30 days). The amount of material benefits is determined in the amount of 184.93 rubles. (554.79 rubles - 369.86 rubles). Personal income tax is calculated from the amount of material benefits received at a rate of 35% and amounted to 65 rubles. ($ 2.83 x 35%).

For the period from December 1 to December 29, 2007 material benefit was determined taking into account the following data:

- the amount of the loan balance - 60,000 rubles;

- the number of calendar days in 2007 - 365 days;

- 3/4 of the refinancing rate - 7.5% (10% x 3/4).

The amount of interest paid by the employee under the loan agreement for the above period was 238.36 rubles. (60,000 rubles x 5%: 365 days x 29 days), and the amount of interest based on three-fourths of the refinancing rate of the Bank of Russia as of the date of the loan is 357.53 rubles. (60,000 rubles x 7.5%: 365 days x 29 days).

For the period from December 30 to December 31, 2007 material benefit was determined taking into account the following data:

- the number of days of using the loan - 2 days;

- the number of calendar days in 2007 - 365 days;

- 3/4 of the refinancing rate - 7.5% (10% x 3/4).

The amount of interest paid by the employee under the loan agreement for the above period was 8.22 rubles. (30,000 rubles x 5%: 365 days x 2 days), and the amount of interest based on three-fourths of the refinancing rate of the Bank of Russia as of the date of the loan is 12.33 rubles. (30,000 rubles x 7.5%: 365 days x 2 days).

Thus, for the period from December 1 to December 31, 2007 material benefit amounted to 122.78 rubles. [(357.53 rubles - 238.86 rubles) + (12.33 rubles - 8.22 rubles)]. Personal income tax was calculated from the amount of material benefits received at a rate of 35% and amounted to 43 rubles. ($ 1.20 x 35%).

In 2008 the material benefit under the loan agreement is already calculated taking into account three-fourths of the refinancing rate of the Bank of Russia as of the date of interest payment. Suppose that the refinancing rate of the Bank of Russia as of January 31, 2008 did not change and was also valid at 10% per annum. The material benefit is determined taking into account the following data:

- the amount of the loan balance - 30,000 rubles;

- the number of calendar days in 2008 - 366 days;

- 3/4 of the refinancing rate - 7.5% (10% x 3/4).

The amount of interest paid by the employee under the loan agreement for the above period was 127.05 rubles. (30,000 rubles x 5%: 366 days x 31 days), and the amount of interest based on three-quarters of the refinancing rate of the Bank of Russia as of the date of the loan is 190.57 rubles. (30,000 rubles x 7.5%: 366 days x 31 days). The material benefit for the above period is determined in the amount of 63.52 rubles. (190.57 rubles - 127.05 rubles). Personal income tax from the amount of material benefits received was calculated at a rate of 35% and amounted to 22 rubles. (RUB 63.52 x 35%).

Thus, the employee in 2007 received income in the form of material benefits in the amount of 307.71 rubles, the amount of the calculated tax was 108 rubles. In 2008, the amount of material benefit was 63.52 rubles, and the amount of the calculated tax was 22 rubles.

2.4. Taxation of income under a loan agreement without payment of interest

Material benefit should also be determined if the loan agreement does not provide for the payment of interest. However, in Art. 212 of the Tax Code of the Russian Federation does not contain any explanations as to what exactly is the date of receipt of income.

It should be noted that the provisions of Chapter 23 of the Tax Code of the Russian Federation do not establish tax exemption for material benefits obtained from savings on interest for the use of borrowed funds under a loan agreement that does not provide for the payment of interest by the borrower.

Therefore, in such cases, the date of receipt of income from savings on interest on the use of borrowed funds can be considered:

Day of full or partial repayment of the loan;

The day of the end of the contract;

For example, if the terms of the agreement provide for the date of the monthly loan repayment, then this date will be considered the day of receipt of income in the form of material benefits.

Example 3.

An individual who is a tax resident of the Russian Federation received on January 11, 2008 a loan in the amount of 60,000 rubles. from the organization in which it works under an employment contract. The terms of the agreement stipulate that the loan is provided to this person for three months without paying interest. The loan must be repaid in equal installments on the 11th of February every month starting from February 11, 2008. The loan was repaid on February 11, March 11 and April 11, 2008 at 20,000 rubles.

Suppose that for each date the employee repays the loan, the refinancing rate of the Bank of Russia is 10.25%.

In this case, the material benefit should be determined monthly. The amount of material benefit is calculated based on three-fourths of the refinancing rate of the Bank of Russia as of the date of loan repayment. According to Art. 224 of the Tax Code of the Russian Federation the amount of personal income tax in respect of material benefits is calculated at the rate of 35%, since this taxpayer is a tax resident of the Russian Federation.

February 11, 2008

- loan amount - 60,000 rubles;

- the number of days of using the loan - 32 days;

- 3/4 of the refinancing rate - 7.69% (10.25% x 3/4).

Material benefit from January 11 to February 11, 2008 amounted to 403.41 rubles. (60,000 rubles x 7.69%: 366 days x 32 days). The tax amount was 141 rubles. (403, 41 rubles x 35%).

March 11, 2008 material benefit was determined based on the following data:

- the amount of the loan balance - 40,000 rubles;

- the number of days of using the loan - 29 days;

- 3/4 of the refinancing rate - 7.69% (10.25% x 3/4).

Material benefit for the period from February 12 to March 11, 2008 amounted to 243.73 rubles. (40,000 rubles x 7.69%: 366 days x 29 days). The amount of personal income tax was 85 rubles. (243, 73 rubles x 35%).

April 11, 2008 material benefit was determined based on the following data:

- the amount of the loan balance - 20,000 rubles;

- the number of days of using the loan - 31 days;

- 3/4 of the refinancing rate - 7.69% (10.25% x 3/4).

Material benefit for the period from March 12 to April 11, 2008 amounted to 130.27 rubles. (20,000 rubles x 7.69%: 366 days x 31 days). The amount of personal income tax was 46 rubles. (130, 27 rubles x 35%).

Thus, for the period from January 11 to April 11, 2008, the total amount of material benefits amounted to 777.41 rubles, and the total amount of personal income tax was 272 rubles.

If, according to the terms of the agreement, the repayment of an interest-free loan is carried out in one day, then this day should be considered as the day of receipt of income in the form of material benefits from savings on interest on the use of borrowed funds.

Example 4.

On February 9, 2008, the organization issued an employee who is a tax resident of the Russian Federation an interest-free loan in the amount of 100,000 rubles. for two months. The terms of the agreement stipulate that the loan is repaid on March 31, 2008. The refinancing rate of the Bank of Russia was 10.25% as of that date.

The material benefit and the amount of personal income tax for the period from February 9 to March 31, 2008 were determined on March 31, 2008.

To calculate the material benefit, the following data are used:

- the amount of the loan received - 100,000 rubles;

- 3/4 of the refinancing rate - 7.69% (10.25% x 3/4).

The amount of material benefits amounted to 1260.66 rubles. (100,000 rubles x 7.69%: 366 days x 60 days). The amount of personal income tax, calculated at a rate of 35%, is 441 rubles. (1260.66 rubles x 35%).

If an interest-free loan is received by an individual for several years and, according to the terms of the agreement, it must be returned in full simultaneously with the expiration date of the agreement, then the material benefit should be determined annually as of December 31 for each tax period, and for the tax period when it is returned loan - on the date of loan repayment.

Example 5.

On February 9, 2008, the organization issued an employee who is a tax resident of the Russian Federation an interest-free loan in the amount of 200,000 rubles. The terms of the agreement stipulate that the loan is repaid on December 31, 2009. The refinancing rate of the Bank of Russia was 12% per annum as of December 31, 2008, and 15% per annum as of December 31, 2009 (conditionally).

In 2008 material benefit is determined on December 31 for the period from February 9 to December 31, 2008. To calculate the material benefit, the following data are used:

- the amount of the loan received - 200,000 rubles;

- the number of days of using the loan - 327 days;

- the number of calendar days in a year - 366 days;

- 3/4 of the refinancing rate - 9% (12% x 3/4).

The amount of material benefits amounted to 16,081.97 rubles. (200,000 rubles x 9%: 366 days x 327 days). The amount of personal income tax is calculated at a rate of 35% and is equal to 5629 rubles. (16 081.97 rubles x 35%).

In 2009 for the period from January 1 to December 31, the material benefit is determined accordingly once - on the day the loan is repaid, which is the day the loan agreement expires. To calculate the material benefit, the following data are used:

- the amount of the outstanding loan - 200,000 rubles;

- the number of days of using the loan - 365 days;

- the number of calendar days in a year - 365 days;

- 3/4 of the refinancing rate - 11.25% (15% x 3/4).

The amount of material benefits will be 22,500 rubles. (200,000 rubles x 11.25%: 365 days x 365 days). The tax amount is calculated at the rate of 35% and is equal to 7875 rubles. (22,500 rubles x 35%).

2.5. Taxation when granting a loan to a non-resident

If a loan is provided to an individual who is not a tax resident of the Russian Federation, then the material benefit is determined in the same manner as the material benefit received by an individual who is a tax resident of the Russian Federation.

Example 6.

On February 1, 2008, the organization issued an employee who is not a tax resident of the Russian Federation an interest-free loan in the amount of 20,000 rubles. for two months. The terms of the agreement stipulate that the loan was to be repaid on March 31, 2008. The loan was repaid by the employee on March 31, 2008. The refinancing rate of the Bank of Russia as of that date was 10.25%.

The material benefit and the amount of personal income tax were determined on March 31, 2008 for the period from February 1 to March 31, 2008.

To calculate the material benefit, the following data were used:

- the amount of the loan provided - 20,000 rubles;

- the number of days of using the loan - 60 days;

- 3/4 of the refinancing rate - 7.69% (10.25% x 3/4).

The amount of material benefits amounted to 252.13 rubles. (20,000 rubles x 7.69%: 366 days x 60 days). Since the employee is not a tax resident of the Russian Federation, the amount of personal income tax was calculated at the rate of 30% and amounted to 76 rubles. (3.75 rubles x 30%).

2.6. Determination of the tax base and the amount of tax in relation to other income from loans received

If the payment of interest or the repayment of a loan for an individual who received a loan is carried out at the expense of the lender or other persons, then the borrower, in addition to material benefits, generates income in kind, which is determined taking into account the provisions of Art. 211 of the Tax Code of the Russian Federation.

Example 7.

On January 9, 2008, an employee who is a tax resident of the Russian Federation received a loan from an organization at the place of work in the amount of RUB 200,000. for three months at the rate of 5% per annum. The terms of the loan agreement stipulate that the payment of interest and the repayment of the loan had to be made simultaneously no later than April 9, 2008. The refinancing rate of the Bank of Russia as of the date of interest payment was 10.25% per annum. The calculated interest rate (three quarters of the refinancing rate of the Bank of Russia) is 7.69%. The amount of interest under the loan agreement was to be paid by an employee of the organization in the amount of 2513.66 rubles. (200,000 rubles x 5%: 366 days x 92 days).

An employee of the organization repaid the loan on April 9, 2008 only in the amount of 100,000 rubles. without paying interest. On the same day, he applied to the head of the organization to write off the outstanding loan amount and interest payments from him due to the difficult financial situation in the family. By decision of the head of the organization, the amount of the loan and interest was repaid at the expense of the profit of the organization. The accounting department of the organization repaid the loan and interest on April 9, 2008.

An employee of the organization receives monthly earnings in the organization in the amount of 40,000 rubles. The salary is paid to this employee on a monthly basis on the 5th day.

In this case, an individual received income in the form of:

- material benefits from savings on interest for the use of borrowed funds;

- the interest payment and the loan amount repaid at the expense of the funds of the organization;

- the amount of earnings.

At the same time, personal income tax from material benefits is calculated at a rate of 35%, and income tax, the amount of interest and loan repaid at the expense of the organization's funds - at a rate of 13%.

We will calculate the tax base and the amount of personal income tax in relation to material benefits.

The amount of interest payments for the period from January 9 to April 9, 2008, based on three-fourths of the refinancing rate of the Bank of Russia as of the date of receipt of income in the form of material benefits, amounted to 3866.01 rubles. (200,000 rubles x 7.69%: 366 days x 92 days).

Thus, the employee received a material benefit in the amount of 1,352.35 rubles under the loan agreement. (3866.01 rubles - 2513.66 rubles). Personal income tax was calculated from the amount of material benefits received at a rate of 35% and amounted to 473 rubles. (1352.35 rubles x 35%). The material benefit is considered income received in April 2008.

Now we define the tax base for income taxed at a rate of 13%. In January, February and March 2008, the employee's income amounted to 120,000 rubles. (40,000 rubles x 3 months). Personal income tax was calculated and withheld from this income in the amount of 15 600 rubles. In April 2008, the employee's income amounted to 142,513.66 rubles, including wages - 40,000 rubles; the amount of the repaid interest payment - 2513.66 rubles; the amount of the repaid loan is 100,000 rubles. Since the beginning of 2008 total income employee, subject to taxation at a rate of 13%, amounted to 262,513.66 rubles, and the amount of personal income tax - 34,127 rubles.

When the employee was paid the salary for April 2008 to the employee on May 5, 2008, the accounting department of the organization had to withhold personal income tax:

- in the amount of 18,527 rubles. (34,127 rubles - 15,600 rubles) - from income taxed with personal income tax at a rate of 13%;

- in the amount of 473 rubles. - from income in the form of material benefits.

Personal income tax must be withheld in full, since its amount is less than 50% of the income paid ( paragraph 4 of Art. 226 of the Tax Code of the Russian Federation ). Thus, the employee received on May 5, 2008 wages in the amount of 21,000 rubles. already minus the amount of personal income tax.

3. Taxation of the Lender - Individual

Depending on the terms of the agreement, an individual lender may have income subject to personal income tax. For example, under the terms of the agreement, he receives interest in rubles or in foreign currency for the borrowed funds provided to him. In this case, his income is the interest received. It does not matter who the borrower is - an organization or an individual.

According to subparagraph 1 of paragraph 1 of Art. 223 of the Tax Code of the Russian Federation, the date of the actual receipt of income in the form of interest is the date of payment of such income to an individual; the amount of the repaid loan is not the income of the lender.

Example 8.

On January 9, 2008, an employee who is a tax resident of the Russian Federation provided the organization at the place of work with a loan in the amount of RUB 200,000. for three months at the rate of 5% per annum. The terms of the loan agreement stipulate that interest payments and loan repayment are made in rubles no later than April 9, 2008. The loan was fully returned to the employee on April 8, 2008, and on the same day he was paid interest. In this organization, the employee receives a monthly salary on the 8th in the amount of 35,000 rubles.

The amount of interest under the loan agreement amounted to 2,486.34 rubles. (200,000 rubles x 5%: 366 days x 91 days). The amount of interest is taken into account when determining the tax base, subject to personal income tax at a rate of 13%, for April 2008.

In April 2008, the employee received income in the amount of RUB 37,486.34, including:

In addition to the above income, the employee has received a salary of 105,000 rubles since the beginning of the year. (35,000 rubles x 3 months).

Personal income tax was to be calculated taking into account the income received by the employee since the beginning of the year, and amounted to 18,523.22 rubles. (142,486.34 rubles x 13%). In January - March 2008, personal income tax was already withheld from the employee in the amount of 13 650 rubles. When paying wages for April, personal income tax in the amount of 4873.22 rubles should have been withheld from this employee.

4. Calculation and payment of personal income tax

4.1. General Provisions

Chapter 23 of the Tax Code of the Russian Federation establishes two ways of paying personal income tax, if:

The calculation and deduction of personal income tax from the income paid to an individual is carried out by the source of payment of such income, that is, by the tax agent;

The calculation and payment of personal income tax from the income received by an individual is carried out independently.

4.2. Calculation and payment Personal income tax agents

The specifics of calculating and withholding personal income tax from the income of individuals, as well as its payment to the budget, are established in Art. 226 of the Tax Code of the Russian Federation, according to which Russian organizations, individual entrepreneurs, private practitioners, as well as separate divisions are recognized as tax agents foreign organizations from which (as a result of relations with which) the individual received income. Tax agents are required to calculate, withhold and transfer to the budget the amount of personal income tax, calculated taking into account the specifics provided for in Chapter 23 of the Tax Code of the Russian Federation.

The tax agent calculates the amounts of personal income tax and pays them to the budget in respect of all income of an individual, the source of which he is, with the exception of income in respect of which the calculation and payment of personal income tax are carried out in accordance with Art. 214.1, 227 and 228 of the Tax Code of the Russian Federation.

Tax agents calculate personal income tax on an accrual basis from the beginning of the tax period at the end of each month for all incomes subject to a tax rate of 13%, offsetting the withheld previous months the current tax period of the tax amount.

The amount of personal income tax from income to which other tax rates, is calculated by the tax agent separately for each amount of such income accrued to an individual.

With respect to income received by individuals who are not tax residents of the Russian Federation, the calculation and payment of personal income tax is carried out by a tax agent at a rate of 30% (except for dividends on which tax is calculated at a rate of 15%) without providing tax deductions provided for in Art. 218-221 of the Tax Code of the Russian Federation.

The tax agent withholds from the individual the calculated amount of personal income tax at the expense of any funds paid by the tax agent to this person when they are actually paid. In this case, the withheld amount of personal income tax cannot exceed 50% of the payment amount.

If it is impossible to withhold personal income tax, then on the basis of clause 5 of Art. 226 of the Tax Code of the Russian Federation, the tax agent is obliged to inform the tax authority about this in writing within one month from the moment when it became known about the impossibility of withholding this tax. The impossibility of withholding personal income tax, in particular, is considered cases when it is known that the period during which the amount of accrued tax can be withheld will exceed 12 months.

Example 9.

On February 1, 2008, the organization issued an employee who is a tax resident of the Russian Federation an interest-free loan in the amount of 100,000 rubles. for two months. The terms of the agreement stipulate that the loan was to be repaid no later than April 30, 2008. The loan was repaid by the employee on April 30, 2008. The refinancing rate of the Bank of Russia as of that date was 10.25%. In the organization, employees are paid monthly wages on the 5th. This employee has a monthly salary of 40,000 rubles.

In April, the employee was on unpaid leave and therefore did not receive his salary for April. On May 1, 2008, the employee quit. On May 5, he was paid compensation for unused vacation in the amount of 1,500 rubles.

The accounting department of the organization calculated and withheld personal income tax from the earnings received by the employee in the first three months of 2008 at a rate of 13% in the amount of 15,600 rubles.

In this case, the material benefit and the amount of personal income tax were to be determined on April 30, 2008 for the period from March 1 to April 30, 2008. To calculate the material benefit, the following data were used:

- the amount of borrowed funds - 100,000 rubles;

- the number of days of using the loan - 90 days;

- the number of calendar days in 2008 - 366 days;

- 3/4 of the refinancing rate - 7.69% (10.25% x 3/4).

The amount of material benefits amounted to 1,890.98 rubles. (100,000 rubles x 7.69%: 366 days x 90 days). The amount of personal income tax is calculated at a rate of 35% and is equal to 662 rubles. (1890.98 rubles x 35%).

Compensation for unused vacation was to be taken into account when determining the tax base, subject to taxation at the rate of 13%, in May 2008. The accounting department of the organization determined the amount of personal income tax, taking into account the earnings received from the beginning of the year and compensation for unused vacation. total amount the employee's income taxed at a rate of 13% amounted to 121,500 rubles. Personal income tax is calculated at the rate of 13% in the amount of 15 795 rubles. (121 500 rubles x 13%). Earlier, personal income tax was withheld in the amount of 15 600 rubles.

Thus, upon dismissal of an employee for payment from compensation for unused vacation, the calculated tax should have been withheld:

- from material benefits - in the amount of 662 rubles;

- from compensation - in the amount of 195 rubles.

The total amount of personal income tax due to withholding was 857 rubles. However, the accounting department of the organization had the right to withhold from this personal income tax employee no more than 50% of the payment, that is, no more than 750 rubles.

If an individual had not submitted an application requesting withholding personal income tax in full upon payment of compensation to him, then the amount of this tax in the amount of 107 rubles. the accounting department of the organization would be transferred for collection to the tax authority, for which a Certificate of income of an individual is drawn up for 2-NDFL form approved by order of the Federal Tax Service of Russia dated 13.10.2006 N SAE-3-04 / [email protected]... This was to be done no later than June 6, 2008.

The amount of the calculated personal income tax is withheld from any income paid by the tax agent to an individual. On the basis of paragraph 1 of Art. 230 of the Tax Code of the Russian Federation, a tax agent is obliged to keep records of income received from him by an individual separately for each tax period in Tax card according to the 1-NDFL form, the form of which was approved by the order of the Ministry of Taxes and Duties of Russia dated October 31, 2003 N BG-3-04 / 583. It calculates the tax base, reflects the amount of calculated and withheld personal income tax, as well as tax deductions.

The obligation of an individual to pay personal income tax is considered fulfilled from the day the tax agent withholds the calculated amount of tax. The payment of personal income tax at the expense of a tax agent or another person is not allowed. A tax agent cannot delegate his powers to other persons.

The tax agent transfers the amounts of personal income tax withheld from the income of taxpayers no later than the day of actual receipt of cash in the bank for payment of income, as well as the day of transfer of income from the accounts of the tax agent in the bank to the accounts of an individual or, on his behalf, to the accounts of third parties.

In other cases, tax agents transfer the amounts of calculated and withheld personal income tax no later than:

The day following the day the taxpayer actually received income - for income paid in cash;

The day following the day of actual deduction of the calculated amount of personal income tax - for income received by the taxpayer in kind or in the form of material benefit.

4.3. Calculation and payment Personal income tax face

The specifics of calculating and paying tax by individuals are established in Art. 227 and 228 of the Tax Code of the Russian Federation.

For example, if income is received by an individual entrepreneur or a private practitioner (notary, lawyer), then the calculation and payment of tax by such persons is made taking into account the provisions of Art. 227 of the Tax Code of the Russian Federation, and with respect to some types of income received by individuals - taking into account the provisions of Art. 228 of the Tax Code of the Russian Federation.

And in fact, and in another case in relation to the income received calculation of personal income tax carried out by an individual in a tax return, the form of which is approved by the Ministry of Finance of Russia (form 3-NDFL).

If the source of payment of income is a tax agent, then he is obliged to calculate and withhold personal income tax. If it is impossible to withhold tax, the tax agent submits information about the collection of tax to the tax authority. Individuals who have received income, upon payment of which the tax agents did not withhold the amount of personal income tax, pay tax in equal shares in two payments: the first - no later than 30 calendar days from the date of delivery by the tax authority tax notice on the payment of tax, the second - no later than 30 calendar days after the first payment deadline. This, in particular, is stated in paragraph 5 of Art. 228 of the Tax Code of the Russian Federation. At the same time, the payment of personal income tax on the basis of a tax notification does not exempt an individual from submitting a tax declaration in the form of 3-personal income tax to the tax authority.

If the source of payment of income is not endowed with the powers of a tax agent, then the payment of personal income tax from the income received by individuals must be paid by the taxpayer independently with the submission of a tax return to the tax authority in the form of 3-NDFL, which is submitted to the tax authority no later than April 30 of the year following the expired tax period. Payment calculated in personal income tax declaration must be made by an individual no later than July 15 of the year following the expired tax period.

Example 10.

On February 1, 2008, a loan agreement was concluded between individuals who are not individual entrepreneurs. Under the terms of the agreement, funds in the amount of 500,000 rubles. were to be transferred by the lender from his account in Russian bank to the borrower's account in a Russian bank. Interest payment under the terms of the agreement was to be paid at the rate of 5% per annum for the period of use of the loan. The terms of the loan agreement stipulate that the payment of interest and the repayment of the loan are made simultaneously no later than December 31, 2008. The funds were transferred in rubles on the day the loan agreement was concluded. The borrower repaid the loan in full to the lender and paid interest on it on December 20, 2008. The amount of interest paid under the loan agreement amounted to 22,131.15 rubles.

In this case, the contract is concluded between individuals and therefore the borrower does not determine the material benefit from saving on interest for the use of borrowed funds.

The interest received by the lender is taken into account when determining the tax base subject to personal income tax:

At a rate of 13% - if the lender is a tax resident of the Russian Federation; the amount of tax is equal to 2877 rubles;

- at a rate of 30% - if the lender is not a tax resident of the Russian Federation; the amount of tax is equal to 6,639 rubles.

At the end of the year, the lender must submit tax return form 3-NDFL, which indicates all the income he received in 2008, the tax base and the amount of tax are determined.

Payment of tax in budget system Of the Russian Federation from the amount received, the interest payment must be made by the lender no later than July 15, 2009.

Material benefit is not determined:

If the borrower is an individual who is not an individual entrepreneur;

If borrowed funds are received for new construction or for the acquisition of a residential house, apartment, room or share (stakes) in them on the territory of the Russian Federation, provided that the individual has the right to receive property tax deduction in accordance with subparagraph 2 of paragraph 1 of Art. 220 of the Tax Code of the Russian Federation. The right to receive a property tax deduction is confirmed by the tax authority in the manner prescribed by paragraph 2 of Art. 220 of the Tax Code of the Russian Federation. If a taxpayer has the right to receive a deduction, then the tax authority, upon the application of an individual, issues a notification in the form approved by order of the Federal Tax Service of Russia dated 07.12.2004 N SAE-3-04 / [email protected], on the basis of which the tax agent has the right not to determine the material benefits in relation to such borrowed funds. The corresponding clarifications were given by the Ministry of Finance of Russia in a letter dated 25.01.2008 N 03-04-06-01 / 20.