The employee was given a loan in the amount of 12,000 rubles per year. The date of receipt of the loan is 01.06.2016. The return occurs monthly in the amount of 1000 rubles by deduction from the salary. When calculating wages for June, the first installment in the amount of 1000 rubles was withheld. We plan to issue wages for June on July 15th. How to correctly calculate the amount of material benefit that is already coming on June 30? Tell me, if an employee repays an interest-free cash loan by monthly deductions from salary, what date is considered the date of repayment of the loan? How to calculate the basis for determining material benefits? what date is considered the date of repayment of the loan, if the loan is repaid monthly in equal installments by means of a DETENTION from salary? That is, the salary is issued minus these deductions, a written answer is needed

Financial benefits must be calculated on the date of receipt of income. This date will be the last day of each month during the period for which the employee received the loan. Determine the amount of material benefit monthly, regardless of the date of receipt and repayment of the loan.

In this case, the date of repayment of the loan is the day the salary is paid to the employee, the date the money is actually withheld to repay the loan. The procedure for calculating material benefits in the event that the loan was returned in installments during the month, and an example of calculating material benefits are given below in the full answer.

How to withhold personal income tax from material gain

Types of material benefits

Material benefits for calculating personal income tax include:
1) benefit from savings on interest for the use of borrowed (credit) funds;
2) benefit from the acquisition of goods (works, services);
3) benefit from the acquisition of securities.

Savings on interest on borrowed funds

When using borrowed (credit) funds, a material benefit as income subject to personal income tax arises for a person if the interest rate on a loan (credit) is less than:

• 2/3 of the refinancing rate when receiving money in rubles;
• 9 percent per annum when receiving money in foreign currency.

In addition, material benefits arise if a person receives an interest-free loan.

This follows from the provisions of paragraphs and article 212 of the Tax Code of the Russian Federation.

The following material benefits are exempt from taxation:

1) for operations with bank cards received from Russian banks during the period of interest-free use of the loan established by the agreement;

2) for borrowed funds attracted for the acquisition (construction) of housing:

• on loans (credits) provided by organizations and entrepreneurs for the purchase (construction) of housing and land plots under residential buildings;
• on loans granted Russian banks for refinancing (on-lending) of loans issued for the purchase (construction) of housing and land plots under residential buildings (allotted for construction);

3) when acquiring (constructing) housing and land plots under residential buildings with the provision of an interest-free installment plan for payment. In fact, such an installment plan is also a kind of loan (credit) ().

The material benefit from savings on interest on borrowed funds attracted for the purchase or construction of housing, as well as in the case of interest-free installment payment for purchased housing, is exempt from taxation if the borrower is entitled to receive a property tax deduction for expenses for the purchase of housing at the expense of borrowed (credit) funds . In this case, the borrower does not have to actually exercise the right to property deduction- the main thing is that such a right should be confirmed (for example, by a notification from the tax office).

The material benefit is exempt from personal income tax even if the borrower continues to repay its loan obligations after the property tax deduction has been fully utilized.

Payment of personal income tax with savings on interest

The material benefit from savings on interest for the use of borrowed (credit) funds must be determined by the organization (tax agent) that provided the loan (credit) to the taxpayer. From the amount of material benefits, she must calculate personal income tax and transfer tax to the budget.

Duty to retain and transfer to personal income tax budget from the amount of material benefit arises from the credit institution. But only if the borrowed funds are provided to its employee. From other borrowers, personal income tax is not withheld from material benefits. Credit organisation should only determine the amount of material benefits, calculate personal income tax and transfer information about the amount of benefits received and the calculated tax to the tax office. Personal income tax from material benefits in this case, the person will have to pay on their own.

Date of receipt of income from savings on interest

The material benefit from savings on interest for the use of borrowed (credit) funds arises on the last day of each month during the lending period (subclause 7, clause 1, article 223 of the Tax Code of the Russian Federation). At this point, the tax agent must calculate the amount of personal income tax. And to withhold the tax and transfer it to the budget - at the first payment of any Money(paragraph 2, clause 4, article 226 of the Tax Code of the Russian Federation).

Apply this rule to the material benefit from savings on interest for the gratuitous use of borrowed (credit) funds.

When there is material gain

The material benefit from the received loan will arise from the employee:

• if the interest rate on the loan is less than 2/3 of the refinancing rate effective on the date of interest payment (for loans in rubles);
• if the interest rate on it is less than 9 percent per annum (for foreign currency loans). Such a situation may arise, for example, when issuing a loan to a foreigner;
• with an interest-free loan.

You can withhold tax from your regular salary. The deduction amount cannot exceed 50 percent of the payment. This follows from paragraph 4 of Article 226 of the Tax Code of the Russian Federation.

Calculation of material benefits

Use the following formulas to calculate the monthly cash benefit for employee loans.

Calculate the material benefit on an interest-free loan issued in rubles using the formula:

If an interest-free loan is issued in foreign currency, calculate the material benefit as follows:

If the loan was repaid in parts during the month, calculate the material benefit as follows:

Material benefit on a loan issued in rubles at interest with partial repayment

=

2/3

X

Refinancing rate at the date of receipt of income

–

X

Loan amount to partial repayment

:

365 (366) days

X

The number of calendar days of the loan in the calendar month until the day of partial repayment (inclusive)

+

+

2/3

X

Refinancing rate at the date of receipt of income

–

Interest rate under the agreement

X

Loan amount after partial repayment

:

365 (366) days

X

Number of calendar days for granting a loan in a calendar month from the day following the day of partial repayment to the day of the next partial (full) repayment or to the last day of the month

Proceed in a similar manner with partial repayment of a loan in foreign currency and an interest-free loan.

This procedure follows from the provisions of paragraph 2 of Article 212 of the Tax Code of the Russian Federation.

personal income tax rate

From material benefits, personal income tax must be withheld at a rate of 35 percent (clause 2, article 224 of the Tax Code of the Russian Federation). If the loan is issued to a non-resident, then the personal income tax rate is 30 percent (clause 3, article 224 of the Tax Code of the Russian Federation). This rate applies even if the material benefit has arisen from a non-resident who is a highly qualified specialist. This is explained by the fact that at the rate of 13 percent, the income of non-residents - highly qualified specialists, received by them from labor activity(paragraph 4, clause 3, article 224 of the Tax Code of the Russian Federation).

How to show the return of an interest-free loan in accounting

Example

Accounting for interest-free loan transactions

On December 15, 2015, the employee entered into an interest-free loan agreement with the company. He received 100,000 rubles. The contract expires April 30, 2016.

The employee repays the loan in two installments:

- 80,000 rubles. - On April 15, 2016, the employee himself transferred the money to the company's current account;

- 20,000 rubles. - the accountant withheld from the employee's salary for April at his request.

The employee is a tax resident of the Russian Federation. His salary is 50,000 rubles. Deductions are not allowed. Paydays are on the 5th and 20th.

How to reflect in accounting the issuance and return of an interest-free loan, the accrual and transfer of personal income tax from material benefits?

Decision

The loan is interest-free. The accountant monthly from January to April determines the material benefit as of the last day of the month. To calculate it, the accountant uses the refinancing rate that is valid as of the last day of the month (subclause 1, clause 2, article 212 of the Tax Code of the Russian Federation).

To calculate the material benefit, the accountant determined 2/3 of the refinancing rate - this is 7.33% per annum (11% x 2/3).

As of January 31, the accountant determined the amount of material benefit and the amount of tax on it.

In the period from 12/15/2015 to 01/31/2016, the employee used the loan for 48 calendar days (17 calendar days + 31 calendar days).

The material benefit as of January 31, 2016 is 961.31 rubles. (100,000 rubles x 7.33%: 366 calendar days x 48 calendar days).

The amount of personal income tax - 336 rubles. (961.31 rubles x 35%).

The worker received a salary. The accountant withheld personal income tax from it, including from material benefits for January. He reflected this operation by posting:

- 6836 rubles. (50,000 rubles x 13% + 961.31 rubles x 35%) - personal income tax withheld from salary.

- 6836 rubles. - transferred personal income tax to the budget.

As of February 29, the accountant determined the amount of material benefit and the amount of tax from it.

The material benefit is 580.79 rubles. (100,000 rubles x 7.33%: 366 calendar days x 29 calendar days). Tax amount - 203 rubles. (580.79 rubles x 35%).

The worker received a salary. The accountant withheld personal income tax from it, including from material benefits for February. He reflected this operation by posting:

DEBIT 70 CREDIT 68 sub-account "Calculations for personal income tax"

- 6703 rub. (50,000 rubles x 13% + 580.79 rubles x 35%) - personal income tax withheld from salary.

DEBIT 68 subaccount "Calculations for personal income tax" CREDIT 51

- 6703 rub. - transferred personal income tax to the budget.

As of March 31, the accountant determined the amount of material benefit and the amount of tax from it.

The material benefit is 620.85 rubles. (100,000 rubles x 7.33%:: 366 calendar days x 31 calendar days). Tax amount - 217 rubles. (620.85 rubles x 35%).

The worker received a salary. The accountant withheld personal income tax from it, including material benefits for March. He reflected this operation by posting:

DEBIT 70 CREDIT 68 sub-account "Calculations for personal income tax"

- 6717 rubles. (50,000 rubles x 13% + 620.85 rubles x 35%) - personal income tax withheld from salary.

The accountant transferred the withheld personal income tax to the budget:

DEBIT 68 subaccount "Calculations for personal income tax" CREDIT 51

- 6717 rubles. - transferred to the personal income tax budget.

The employee transferred part of the debt to the company's current account. The accountant made the posting:

DEBIT 51 CREDIT 73-1 sub-account "Settlements on loans"

- 80,000 rubles. - a part of the debt under the loan agreement was received on the company's settlement account.

As of April 30, the accountant determined the amount of material benefit and the amount of tax from it. To do this, he divided April into two periods (see chart below):

Scheme Number of days of using the loan in April

The material benefit is 360.49 rubles. [(100,000 rubles x 7.33%:: 366 calendar days x 15 calendar days) + [(20,000 rubles x 7.33%: 366 calendar days x 15 calendar days) ]. Tax amount - 126 rubles. (360.49 rubles x 35%).

The worker received a salary. The accountant withheld from her:

- the rest of the debt under the loan agreement - 20,000 rubles;

- personal income tax from salary - 6500 rubles. (50,000 rubles x 13%);

- personal income tax from material benefits for April - 126 rubles.

The accountant reflected these transactions with postings:

DEBIT 70 CREDIT 73-1

- 20,000 rubles. - part of the debt under the interest-free loan agreement was withheld from the salary for April;

DEBIT 70 CREDIT 68 sub-account "Calculations for personal income tax"

- 6626 rubles. (6500 rubles + 126 rubles) - personal income tax withheld from salary.

DEBIT 68 subaccount "Calculations for personal income tax" CREDIT 51

- 6626 rubles. - transferred personal income tax to the budget.

When an organization (lender) issues a loan to its employee or other individual (borrower) that has an interest rate below 2/3 of the bank refinancing rate in a given territory, the borrower has a material benefit in the form of unpaid interest.

Such income in most cases is subject to tax, which must be calculated and paid to the tax office.

What is it and when does it occur

Material benefit under a loan agreement - the amount formed upon signing an agreement on an interest-free or preferential loan, calculated as savings by the borrower on interest payments. Of it, 35% is paid as personal income tax, which has been approved since the beginning of the 90s.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

The reason for introducing such a norm into the legislation was the policy of some companies on tax evasion: registration of salaries in the form of interest-free loans, signing a loan agreement for relatives, etc.

Saving money when applying for a loan national currency may occur when:

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

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

Financial gain can only come from money loans. In the case of a property loan, it is not determined.

In order for the provision of such a service as an interest-free or preferential loan not to cost the borrower more than a loan with ordinary interest, it is necessary to know how the material benefit and tax on it are calculated.

Calculation

Material benefit arises from the date of payment of interest on the loan (with a preferential loan). When concluding an interest-free agreement, the date of formation of material benefits is not established by the Tax Code.

Therefore, you can choose one of the options:

• the moment of full or partial repayment of the loan;
• daily during the tax period;
• end date of the contract;
• the last day of the tax period.

For each loan option, the amount of material benefit is calculated separately.

Calculation of material benefits on an interest-free loan

The material benefit is calculated at the bank refinancing rate at the time of loan repayment. With , this amount is calculated separately at each time the payment is made.

Formally, the material benefit (MB) can be expressed as follows:

MV \u003d PS x NW / 365 d. x SK,

PS– marginal refinancing rate (2/3);
NW- loan amount;
SC

It is also worth taking into account that with a loan with repayment on the last day of the contract, material benefits arise only in the month of repayment and are accrued on the entire loan amount.

Loan with preferential interest

The definition of material benefits for a loan with a preferential interest (below two-thirds of the refinancing rate) is carried out in almost the same way as for an interest-free loan, only the difference of 2/3 of the bank's rate with the contract rate (SD) is taken as interest:

MW \u003d (PS-SD) x SZ / 365 d. x SK

Interest-bearing loan at the enterprise

The company has the right to issue loans to its employees at interest rates that are less than bank loans.

If the organization's interest rate is less than two-thirds of the refinancing rate, then the resulting difference is a material benefit for the borrower, which should be subject to personal income tax - 35% of the benefit amount. Most often it is deducted from the salary.

Material benefit on a loan in foreign currency

When the interest rate on a loan in foreign currency is below 9% per annum, the resulting difference is a material benefit. According to the legislation, income in foreign currency must be converted into rubles at the rate of receipt of this income. That is, on the day of repayment of the loan or part of it.

To calculate the material benefit on a foreign currency loan, you must have data on:

• loan amount;
• interest rate;
• days of (actual) use of borrowed money;
• tax period;
• exchange rate of the Bank of Russia on the date of receipt of income.

The calculation of material benefits under a loan agreement can be calculated using the formula:

MW \u003d SZ x CV x (9% - PZ) / 365 d. x SK,

MV- material benefit;
NW- loan amount;
HF– the exchange rate on the date of receiving the benefit;
PZ- interest on the loan;
SC– loan term, days.

With an interest-free loan, the formula will be almost the same:

MW \u003d SZ x CV x 9% / 365 d. x SC

That is, personal income tax should be paid from 9% per annum of the loan amount on the date of its partial or full return.

Buying a home

B defines the concept of material benefit and the cases of its accrual, with the exception of which is the saving of interest on a loan issued for the construction or purchase of housing, the acquisition of land, etc.

In other words, the material benefit from a home loan is not subject to taxation.

But the borrower must have an approved document that will testify to his right to deduct property. This form is approved by law and is mandatory.

Without this document the loan is considered to be simply cash and income tax will be charged on it.

From the date the lender grants the property right, no material benefit will arise, therefore, the tax will not need to be paid according to the rules of an interest-free or soft loan.

Therefore, in order not to apply for a tax refund from the budget, one should not rush with its deduction.

Loan to employee, individual

An organization that issues a loan to its employee without interest or at preferential terms, becomes it tax agent. She calculates the material benefit to the borrower, withholds personal income tax on it and transfers this money to the budget.

The material benefit arises for the employee with each loan payment and can be just once a month, or one-time when paying off the entire amount of the debt.

If during one tax period (1 year) there were no payments on the loan, then there was no material benefit.

The lender company more often withholds personal income tax from the employee's salary, but this amount should not exceed 50% of the amount of payments.

As a tax agent, the lender organization keeps records of the funds issued in the tax register of the employee, and also provides it to the tax authorities within the time period established by law.

The only difference when issuing a loan to an employee and an individual who is not an employee of the company is that personal income tax can be withheld and paid to the budget only from the employee. Also in accounting it is displayed differently.

The issuance of a loan to an employee is carried out in account 73: debit 73-1 credit 50 (51), and the return is vice versa. Loan interest is indicated in the credit of account 91-1. is an financial investment, since it brings economic profit to the enterprise, therefore it should be carried out in sub-account 58-3.

Loan interest is posted through debit 76 credit 91-1.
Interest-free loans are not investments, therefore they are displayed in account 76.

Between legal entities

If an interest-free loan agreement is concluded between legal entities, then the borrowing organization does not pay tax, since it does not receive material benefits.

This comes out of ch. 25 of the Tax Code of the Russian Federation, which indicates all types of income subject to taxation, among which there is no material benefit when concluding an interest-free or preferential loan agreement. Therefore, the borrower does not need to pay interest.

When entity is UTII, its taxation is determined by local authorities, which may tax certain areas of activity. But even in this case, the material benefit from the loan cannot be subject to taxation.

The lender organization, according to the law, is not subject to VAT when issuing a loan, which is indicated in. All funds that are given or received from the loan account are not taken into account in the item of expenses or income of the lender, therefore they are not taxed.

The interest that the borrower pays for the use of the loan refers to the non-operating income of the organization. Each loan must be accounted for separately, and interest on it is included in the list of income on a monthly basis.

If the debt is returned ahead of schedule or after the expiration of the contract, income is taken into account on the date of return.

When the loan is returned to the cash desk of the company, interest income is accrued immediately.

personal income tax

The calculation of personal income tax material benefits from savings on interest on the loan is determined by Art. 212 of the Tax Code of the Russian Federation.

This income is taxed at the rate of:

• 35% when the borrower is a Russian tax resident;
• 30% when the borrower is not a Russian tax resident.

A tax resident is an individual who stays in Russia for at least 183 consecutive days per year.

When a loan is issued by an organization to its employee, it is automatically withheld from each salary and transferred to the budget amount of personal income tax from the material benefit received.

But this amount should not be more than 50% of the payment itself (salary). In the 2-NDFL certificate, this tax from material benefits is carried out through code 2610. The certificate is transferred to the Federal Tax Service Inspectorate within the time limits established by law.

When a loan is granted to a non-employee of the organization, a 2-NDFL certificate is drawn up without withholding funds and transferred to the IFTS and the borrower.

However, you must notify in advance tax authority that personal income tax is not charged from the borrower, and the borrower that he needs to pay tax.

Also, material benefits in some cases are not taxed, which is indicated in Art. 212 of the Tax Code of the Russian Federation. This always applies when issuing a loan to a legal entity.

Material benefit on a loan to an individual is not subject to personal income tax in the following cases:

• for housing construction;
• for the purchase of a residential property or part of it (houses, apartments, rooms, etc.);
• for the full or partial acquisition of land for the construction of a residential facility;
• for the purchase of a plot with a residential building;
• to refinance loans that were issued for the construction or purchase of a residential property, land plot for the construction of a house, a plot with a house, a share in construction, etc. In this case, the bank providing the initial loan must be located in the territory Russian Federation.

In order to confirm the purpose of his loan, the borrower must provide the lender with a document certifying his right to a tax deduction in connection with the acquisition of housing or land for its construction.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

It's fast and FOR FREE!

The issuance of money in debt with interest carries an additional enrichment of the lender.

Do I have to pay tax on this income? And if the loan was issued without interest, is there any material benefit.

What it is

An interest-free loan is a loan that is issued without any payment for the use of funds. The lender, lending a certain amount of money, has the right to charge the subject a fee for the use of these funds.

In the form of such a fee, interest is used, the amount of which is agreed in advance, and is prescribed in the contract. If the parties have agreed that the lender will not charge the client these interest, then such a loan will be interest-free, or gratuitous.

But the agreement reached by the parties is not enough! The contract must clearly state that the loan is interest-free.

material benefit - additional income lender after any borrowing transaction. In particular, interest on a loan is a material benefit from a loan transaction. It arises only if the creditor is an entrepreneur or a legal entity.

When it arises

The parties may not prescribe the amount of interest in the agreement on the issuance of funds. But, this does not mean that the agreement is completely interest-free.

In this case, the lender has the right to collect interest from the entity equal to the refinancing rate of the Central Bank of the Russian Federation. But the loan can also be completely interest-free, that is, the contract will indicate that the rate for the use of funds is 0.

If the creditor is a legal entity or individual entrepreneur, the concept of "material gain" appears. This is tax effect for the lender.

But, if the loan was issued by an entrepreneur, but not for commercial purposes, then the benefit is also not subject to accounting. But, for the Federal Tax Service, it is important not only the fact of obtaining an interest-free loan or credit, but also the purpose of obtaining it.

If it was issued for the purchase of real estate, then the tax deductions provided for can be applied.

A material benefit is a kind of tax for using a soft loan. It is paid only by tax residents of the Russian Federation. These are those who are Russian taxpayers and those who spend more than 183 days in a row in the territory of the Russian Federation.

Material benefit arises only when the subject of the agreement is money, and not property or things.

Video: the concept of material benefit and the procedure for its calculation

Reflection in legislative acts

Material benefits are calculated in accordance with the norms of the Tax Code of the Russian Federation. In Art. 220 of the Tax Code of the Russian Federation it is said that if a loan was taken to buy a home, then it can be issued.

Material benefit from an individual appears in the following cases:

Material benefit is an additional income of a citizen. With the exception of some cases, which are listed in paragraphs. 1 and pp. 2 p. 1 art. 212 of the Tax Code of the Russian Federation, it is subject to income tax.

Existing Formula

A credit or loan is called preferential if the rate on it is less than the refinancing rate of the Central Bank of the Russian Federation.

On April 28, 2020, its size is 9.25% per annum. From January 1, 2016, it is equal to the key rate of the Central Bank of the Russian Federation.

How to determine the material benefit on an interest-free loan? To understand whether a material benefit has arisen or not, you need to use the formula - key rate* 2/3, that is, 9.25% * 2.3 = 6.16% per annum. If the contract specifies less, then this is a material benefit.

For example, the agreement between the parties states that the loan rate is 5% per annum. Therefore, 1.16% (6.16% - 5%) is the borrower's benefit. He does not pay this amount.

You need to make a calculation on the day of the refund. Therefore, it is worth keeping track of up-to-date information for this particular day.

To know what kind of income the borrower receives, you need to use the following formula - key rate * 2.3 * loan amount * period of use of the money.

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

The material benefit is calculated at the end of the borrowing period. For ruble loans, the interest must be less than or equal to 6.16% per annum, for foreign currency - less than or equal to 9% per annum.

It is necessary to follow the procedure for calculating material benefits according to:

Calculate how much interest the client has to pay at the end of the loan period	this is relevant to do if the borrowing period is less or more than 1 year. If it is equal to a year, and the rate is set in “percentage per annum”, then it is not necessary to make a calculation. Interest is calculated using the following formula: amount % = loan amount * % set in the agreement / 365 * actual number of days of use. For example, a loan of 100,000 rubles is issued for a period of 9 months at 5% per annum. The amount of interest actually paid is as follows: % \u003d 100,000 * 5% / 365 * 270 \u003d 3,698 rubles - this is the amount of interest paid
Calculate the percentage below which a material benefit will already arise	you need to use the above formula and the current value of the key rate. Today, it is 6.16% per annum. Amount% * 2/3 \u003d loan amount * 6.16 / 365 * 270 \u003d 4,556 rubles
Calculate the amount of the resulting material benefit	it's done like this: 4,556 - 3,698 \u003d 858 rubles the amount of material benefit under lending conditions, as in the example above. It is from this amount that you will need to pay tax

With preferential interest

Concessional interest on a loan is an interest that is significantly lower than 2/3 of the key rate of the Central Bank of the Russian Federation on the day the debt is repaid. A free loan is also considered with preferential interest.

For clarity, it is necessary to give an example. Enterprise N. issues to its employee, citizen Zh, an interest-free loan in the amount of 200,000 rubles with a total maturity of 1 year. But, concluding the contract, the parties came to an agreement that Zh. would pay the debt in installments - 50,000 rubles at the end of each quarter.

The payment schedule looks like this:

Thus, material benefit arises for him 4 times - at the end of each quarter.
The benefit amount is as follows - 50,000 * 6.16% * 90/366 = 757 rubles. It is from this figure that you will need to pay tax.

Since the amount to be returned at the end of each quarter is the same, the figure of the resulting material benefit will not differ much. But, you do not need to pay tax at the end of each quarter. This must be done before 15.07 next year.

Between individuals

It is not uncommon for citizens to lend each other certain amounts in debt. But, rarely does anyone think that there is a material benefit from what is issued from a friend, and not from a bank.

It is worth considering a few important features. This is:

Benefit does not occur on the day of debt repayment	if the parties have agreed that the debt will be repaid in installments, then the benefit will also arise in installments. It is necessary to make a calculation on the day of repayment of all or part of the debt
To correctly calculate the amount of benefits, it is necessary to monitor information on the size of the key rate from the Central Bank of the Russian Federation	it depends on the amount of benefit. And also on the term of using the money and on the amount of the loan itself
If residential real estate or a plot of land for individual housing construction was purchased with borrowed funds	the state provides a tax deduction. There is no need to calculate benefits and pay taxes

Legal entities

The law does not provide for the occurrence of material benefits for legal entities if they conclude between themselves. Therefore, it is beneficial for enterprises to receive such a loan.

They have not material, but economic benefits. But it does not fall into the list of income that should be taken into account when calculating corporate income tax. In addition, the resulting economic benefit also does not fall into the tax base for calculating VAT.

personal income tax

The obligation to pay income tax occurs only among citizens. A material benefit arises if the borrower saves on the interest received on loan funds from a legal entity. This benefit is subject to income tax.

According to the Tax Code of the Russian Federation, the "standard" interest rate for personal income tax is 13% of the amount of income received. But, with material gain, the situation is somewhat different.

In Art. 224 of the Tax Code of the Russian Federation it is said that the income tax rate, when calculating it from the received material benefit, is as follows:

Withholding tax occurs immediately after receiving the benefit. That is, if the parties have agreed that the borrower returns the entire amount of the debt at a time, at the end of the borrowing period, then this date will be considered the date of receipt of the benefit.

If the parties have agreed among themselves that the client will pay the debt in parts, then the date of payment of each part will be considered the date of receipt of the benefit, and, consequently, the date of withholding the tax.

If a preferential loan was issued by a certain organization to its employee, then the lender, that is, the organization, will be the tax agent of the applicant, and will have to fulfill the obligation to withhold, accrue and pay income tax for him.

In all other cases, the borrower himself fulfills this obligation. He must submit a declaration to the Federal Tax Service, which will indicate the amount of the benefit received.

This must be done before 30.04 of the next year after receiving it. You also need to pay the tax on your own before 15.07 of the next year after receiving the benefit.

But what if the borrowing period is several years, and the client repays the debt in installments? In this case, the benefit will arise every year, and until 30.04 of each year it is necessary to submit a declaration, and until 15.07 - to pay tax.

For clarity, it is necessary to give examples:

Organization "Romashka" gives its employee an interest-free loan in the amount of 500,000 rubles for 3 years without installment payment

the benefit will accrue on the maturity date of this loan. Its sum will be: 500,000 * 6.16% * 3 years = 92,400 rubles - this is the benefit of the borrower On this amount, he must pay tax until July 15 of the following year after the occurrence of this benefit. Amount of tax payable: 92,400 * 35% = 32,340 rubles

Organization "Topolek" issued to its employee interest-free loan for a period of 1.5 years in the amount of 180,000 rubles

each month, 10,000 of the salary of this employee will be written off in favor of repaying the debt. Since the employer issued the loan, he will be a tax agent and will independently calculate, withhold and pay the amount of income tax from his client. He will do this every month. The monthly benefit amount is as follows: 180,000 * 6.16% * 30/545 = 610 rubles monthly. Therefore, the amount of tax payable is: 610 * 35% = 213.5 rubles - this is the amount of income tax payable monthly

Important! Only tax, insurance and pension contributions from this amount are not calculated and not paid.

Important nuances

There are some nuances to consider:

Interest-free loans are only beneficial for businesses. They do not have material benefits, and they do not have to pay extra taxes.

Therefore, citizens receiving loans at low interest rates should be extremely careful not to miss the moment when the benefits arise and the tax is paid.

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

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

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

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

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

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

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

In what cases does material benefit arise?

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

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

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

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

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

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

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

MV- the material benefit received from savings on interest;

NW- loan amount;

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

% - the interest rate on the loan;

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

days

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

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

MV– material benefit from savings on interest;

NW- loan amount;

% - the interest rate on the loan;

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

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

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

Example

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

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

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

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

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

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

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

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

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

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

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

the federal law dated July 24, 2009 No. 212-FZ “On insurance premiums in Pension Fund Russian Federation, Fund social insurance Russian Federation, federal fund compulsory health insurance.

Applied formula Material benefit can be formally calculated as follows: Material benefit (MF) = marginal refinancing rate 2/3 (TP) x loan amount (SL) / 365 days (1 year) x loan term in days (SC) Parties to the transaction Interest-free loan agreement can be entered into with any person, regardless of who he is - an individual or legal entity, a microfinance organization, a banking institution, a private investor, etc. An individual (employee) A company that issues an interest-free loan to an employee becomes a tax agent. The borrowing organization calculates material benefits, withholds personal income tax and spends all these funds in the budget. The employee has a material benefit with each payment of the loan, which can be monthly, or one-time when paying the entire amount of the debt.

Personal income tax calculator with material benefits on a loan - 2018

They talk about it in those cases when a citizen of the Russian Federation (an organization registered on the territory of the Russian Federation) receives “free” services from partners, acquaintances, relatives, work colleagues. Under normal circumstances, these events would have been organized at a high cost and at a higher percentage. Article 212 of the Tax Code of the Russian Federation lists three ways for a taxpayer to receive material benefits at a low cost.
This includes:

• savings on low interest rates when concluding a loan agreement that is beneficial for the borrower;
• buying goods and services at low prices from related parties;
• acquisition valuable papers.

Calculation formula The calculation formula depends on the type of wealth. If the borrower uses credit funds received in Russian currency free of charge, then the tax base is determined by the refinancing rate.

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

• an interest-free loan was issued (material benefit is the amount of interest calculated on the basis of 9% per annum);

Accordingly, the lender in such a situation becomes a tax agent for personal income tax. Material benefit in personal income tax reporting Information related to income in the form of material benefit on a loan and personal income tax from it must be reflected:

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

It is worth noting here that an organization / individual entrepreneur may not always be able to withhold personal income tax calculated from material benefits and transfer it to the budget (for example, if a loan is issued to an individual who is not an employee, and other income, except for a loan, the organization / individual entrepreneur does not pay).

Calculation of the material benefit of an employee who received a loan

That is why banks and microfinance organizations set limits on the amount, a maximum of 50,000 rubles. Although there are times when an interest-free loan was issued even for 100 thousand - this completely depends on income and credit history client. The interest rate is zero, and no organization works at a loss, which is why there is a list of social expenditure items that exactly covers the minimum rate:

1. Commission on all payments.
2. Payment for transactions that are not carried out in cash.
3. Fee for opening a personal account, which is carried out once.

All these lists explain that it is not necessary to accept the offers of financial institutions as the most beneficial for the client.
The savings in this case is obvious, but it is not as significant as it seems to everyone at once.

Interest Free Loan Benefit Calculator Online

There are several ways to do this, but the most reliable of them is this:

1. Decide on a microfinance or banking organization.
2. Go to the site of your choice financial organization.
3. Fill out a loan application form.

After you enter all the necessary data about yourself in the application and wait for a positive response from the institution, the loan will come to the card within one hour. Often microfinance organizations make this period even shorter (from 10 minutes to half an hour). Before you apply for a free loan online, you should be well acquainted with the rules and conditions of a financial institution, if everything is in the documents well, then you will understand how profitable it is to use such loans.

The advantage is that there will be no interest rate or overpayments on the loan.

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

Important

It is established by the decision of the Central Bank of Russia. The indicators are taken from the regulatory documentation at the time of repayment of part of the loan or the entire amount. To get the tax base for paying taxes on savings on interest, you need to calculate: the current refinancing rate * 2/3 * loan amount When a free loan is given in foreign currency, in the opinion of legislators, the borrower receives a double benefit. Therefore, a rate of 9 per cent is used to account for benefits.

In other words, if in loan agreement for the transfer of dollars, German marks, yen, interest below 9 percent is provided, then circumstances arise for obtaining unjust enrichment. The calculation formula for concluding an interest-free agreement on the transfer of funds in foreign currency is as follows: Loan amount * 9.
That is why, if the opportunity to choose one of these options start the emergence of benefits:

1. The moment of full payment of the loan.
2. Every day during the tax period.
3. End date of the loan agreement.
4. Last date of the tax period.

For each of the presented options, the amount of material benefit will be calculated separately. With a loan agreement without accruing an interest rate, material benefits will be calculated at the refinancing rate banking organization on the loan repayment date. If the loan is to be paid in parts, then the benefit is calculated at the time of each payment separately.

If the loan was repaid on the last day of the loan agreement, then the procedure for calculating the benefit will arise in the month of payment and is accrued immediately for the entire amount. Possibility to apply online It is possible to apply for an interest-free loan online.
If the loan is received from the founder, then the refund will take place in a way that is convenient for both parties:

1. In cash.
2. Accrual to the cash desk of the organization.
3. For the founder.

After the interest-free loan agreement is concluded, you can not immediately use the funds. Before you use them, you need to go through the bank, and only then you can already issue wages of this amount and make other payments. What is the benefit of legal entities If the loan agreement was concluded by legal entities, then the borrower does not have to pay tax, because there is no material benefit from an interest-free loan.
Chapter 25 Tax Code Russian Federation, all existing species income that is subject to taxation, and in none of them there is a material benefit when drawing up a loan agreement. That is why the borrower does not pay interest.

Interest-free loan calculator of material benefits online

Home Loans A loan agreement with a rate equal to zero is unlikely to be useful to the lender. The main goal of this party is to generate income, as he plans to receive additional finance for using the money. Therefore, an interest-free loan is considered by legislators as a form of financial support from an employer, business partner, friend.

Due to inflationary processes, the creditor loses part of the profit, relying only on the return of the principal amount of the transferred money supply. It will become obvious to any party to the contractual relationship that this form of cooperation is beneficial only to the borrower. With economic point he is considered to be the recipient of a material benefit.

If you receive benefits, pay taxes to the state budget. What is a material benefit on an interest-free loan or a loan with a low interest rate defined as special kind income.

Attention

In order to calculate the tax payable to the budget for individuals, you need to use a rate of 35 percent. 35 percent off tax base sent by transfer to the accounts of the Federal Tax Service in reporting period together with the declaration 3-NDFL. Otherwise, checks and recalculation requirements cannot be avoided. tax collection. The final version of the formula is as follows: the current refinancing rate * 2/3 * the amount of the loan (part of the loan) * the period of use * 35/100 How to calculate the material benefit from an interest-free loan in 2018 " means the same thing.

In some companies, an indicator equal to 11 percent is taken to calculate material benefits. Other entrepreneurs, legal entities are guided by up-to-date data from the Central Bank. This circumstance must be specified in the contract.

Info

If the legal entity is single tax on imputed income, then its taxation will be determined by local authorities, which may tax certain areas of activity. But even in this case, the material benefit will not be subject to taxation. The lender, when issuing an interest-free loan, as specified in Article 149 of the Tax Code of the Russian Federation, is not subject to taxation.

All funds that are received or issued as a loan and are not specified in the list of income and expenses of the lender company are not subject to tax. Repayment procedure Most borrowers are concerned about the repayment of an interest-free loan. The answer essentially depends on the amount borrowed money Therefore, it is worth discussing limits on loan amounts.

Of course, this type of lending will cost the client much cheaper than other types of loans.