Article 212 of the tax code of the Russian Federation. Tax Code of the Russian Federation (taxation of individuals). Calculation of personal income tax from mat benefits by interest

14.10.2021

1. Taxpayer's income received in the form of material gain, are:

1) material benefit received from savings on interest for the taxpayer's use of borrowed (credit) funds received from organizations or individual entrepreneurs, with the exception of:

material benefit received from banks located on the territory of the Russian Federation in connection with transactions with bank cards within the interest-free period specified in the bank card agreement;

material benefits received from savings on interest for the use of borrowed (credit) funds provided for new construction or the acquisition on the territory of the Russian Federation of a residential building, apartment, room or share (shares) in them, land plots provided for individual housing construction, and land plots on which the acquired residential buildings, or shares (shares) in them;

material benefits received from savings on interest for the use of borrowed (credit) funds provided by banks located on the territory of the Russian Federation for the purpose of refinancing (on-lending) loans (credits) received for new construction or the acquisition of a residential building, apartment on the territory of the Russian Federation , rooms or shares (shares) in them, land plots provided for individual housing construction, and land plots on which the acquired residential buildings are located, or shares (shares) in them.

The material benefit specified in paragraphs three and four of this subparagraph is exempt from taxation, provided that the taxpayer has the right to receive property tax deduction established by subparagraph 3 of paragraph 1 of Article 220 of this Code, confirmed tax authority in the manner prescribed by paragraph 8 of Article 220 of this Code;

2) material benefit received from the acquisition of goods (works, services) in accordance with civil law contract at individuals, organizations and individual entrepreneurs that are interdependent in relation to the taxpayer;

3) material benefit received from the acquisition valuable papers, derivatives financial instruments, with the exception of securities acquired from a controlled foreign company by a taxpayer recognized as the controlling person of such a foreign company, as well as by a Russian affiliate of such a controlling person, provided that the income of such a controlled foreign company from the sale of these securities and expenses in the form of the purchase price of securities securities are excluded from the profit (loss) of this foreign company on the basis of paragraph 10 of Article 309.1 of this Code.

2. When a taxpayer receives income in the form of a material benefit specified in subparagraph 1 of paragraph 1 of this article, the tax base defined as:

1) excess of the amount of interest for the use of borrowed (credit) funds, denominated in rubles, calculated on the basis of two-thirds of the current refinancing rate established by central bank the Russian Federation on 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;

2) excess of the amount of interest for the use of borrowed (credit) funds, denominated in foreign currency calculated on the basis of 9 percent per annum, over the amount of interest calculated on the basis of the terms of the contract.

Determination of the tax base upon receipt of income in the form of material benefits received from savings on interest upon receipt of borrowed (credit) funds, calculation, deduction and transfer of tax are carried out tax agent in the manner prescribed by this Code.

3. When a taxpayer receives income in the form of a material benefit specified in subparagraph 2 of paragraph 1 of this article, the tax base is determined as the excess of the price of identical (homogeneous) goods (works, services) sold by persons who are interdependent in relation to the taxpayer, under normal conditions persons who are not interdependent, over the sales prices of identical (homogeneous) goods (works, services) to the taxpayer.

4. When a taxpayer receives income in the form of a material benefit specified in subparagraph 3 of paragraph 1 of this article, the tax base is determined as the excess of the market value of securities, derivative financial instruments over the amount of the taxpayer's actual expenses for their acquisition.

For the purposes of this article, the cost of acquiring securities that are the underlying asset of an option contract includes the amounts paid to the seller for securities in accordance with such a contract, as well as the amount of premium and variation margin paid under option contracts.

Material benefit does not arise when a taxpayer purchases securities under the first or second part of the REPO, provided that the parties fulfill their obligations under the first and second parts of the REPO, as well as in the event of a duly formalized termination of obligations under the first or second part of the REPO on grounds other than proper performance, including the offset of similar counterclaims arising from another REPO operation.

Market price securities circulating on the organized securities market is determined on the basis of their market price, taking into account the marginal limit of its fluctuations, unless otherwise provided by this article.

The market value of securities not circulating on the organized securities market is determined on the basis of the settlement price of securities, taking into account the marginal limit of its fluctuations, unless otherwise provided by this article.

The market value of securities circulating and not circulating on the organized securities market is determined as of the date of the transaction.

The procedure for determining the market price of securities, the settlement price of securities, as well as the procedure for determining the maximum limit for market price fluctuations are established for the purposes of this Chapter by the Central Bank of the Russian Federation in agreement with the Ministry of Finance of the Russian Federation, taking into account the provisions of this paragraph.

The settlement price of an investment unit of a closed-end investment fund (interval unit investment fund) not traded on the organized securities market is the last settlement value of the investment unit determined by management company carrying out trust management property constituting the relevant unit investment fund, in accordance with the legislation of the Russian Federation on investment funds, without taking into account the marginal limit of fluctuations in the settlement price of securities.

The market value of an investment unit of a unit investment fund (circulated and not traded on the organized securities market), in the event of its acquisition from a management company exercising trust management of property constituting the corresponding unit investment fund, is recognized as the last estimated value of the investment unit, determined by the specified management company in accordance with with the legislation of the Russian Federation on investment funds, without taking into account the maximum limit of fluctuations in the market or settlement price of securities.

If, in accordance with the legislation of the Russian Federation on investment funds, the issue of an investment unit of a unit investment fund with limited circulation is carried out not at the estimated value of the investment unit, the market value of such an investment unit is recognized as the amount Money, for which one investment share is issued and which is determined in accordance with the rules of trust management of a mutual investment fund, without taking into account the maximum fluctuation limit.

The market value of the investment share of an open-end mutual investment fund is the last estimated value of the investment share, determined by the management company that carries out trust management of the property constituting the corresponding open-end investment fund, in accordance with the legislation of the Russian Federation on investment funds, without taking into account the marginal limit for fluctuations in the market price of securities .

The market value of derivative financial instruments circulating on the organized market is determined in accordance with paragraph 1 of Article 305 of this Code.

The market value of derivative financial instruments not circulating on an organized market is determined in accordance with paragraph 2 of Article 305 of this Code.

1. The taxpayer's income received in the form of material benefit is:

1) material benefit received from savings on interest for the taxpayer's use of borrowed (credit) funds received from organizations or individual entrepreneurs, with the exception of:

material benefits received from banks located on the territory of the Russian Federation in connection with operations with bank cards during the interest-free period established in the agreement on the provision of a bank card;

material benefits received from savings on interest for the use of borrowed (credit) funds provided for new construction or the acquisition in the territory of the Russian Federation of a residential building, apartment, room or share (shares) in them, land plots provided for individual housing construction, and land plots on which the purchased residential buildings are located, or shares (shares) in them;

The material benefit specified in paragraphs three and four of this subparagraph shall be exempt from taxation, provided that the taxpayer has the right to receive a property tax deduction established by subparagraph 3 of paragraph 1 of Article 220 of this Code, confirmed by the tax authority in the manner prescribed by paragraph 8 of Article 220 of this Code ;

3) material benefit received from the acquisition of securities, financial instruments of forward transactions.

2. When a taxpayer receives income in the form of material benefit specified in subparagraph 1 of paragraph 1 of this article, the tax base is determined as:

1) the excess of the amount of interest for the use of borrowed (credit) funds denominated in rubles, calculated on the basis of two-thirds of the current refinancing rate established by the Central Bank of the Russian Federation on the date the taxpayer actually receives income, over the amount of interest calculated on the basis of the terms of the agreement;

2) the excess of the amount of interest for the use of borrowed (credit) funds, expressed in foreign currency, calculated on the basis of 9 percent per annum, over the amount of interest calculated on the basis of the terms of the contract.

4. When a taxpayer receives income in the form of a material benefit specified in subparagraph 3 of paragraph 1 of this article, the tax base is determined as the excess of the market value of securities, financial instruments of forward transactions over the amount of the taxpayer's actual expenses for their acquisition.

The market value of securities circulating on the organized securities market is determined on the basis of their market price, taking into account the marginal limit of its fluctuations, unless otherwise provided by this article.

The market value of securities circulating and not circulating on the organized securities market is determined as of the date of the transaction.

The settlement price of an investment unit of a closed-end investment fund (interval unit investment fund) not traded on the organized securities market is the last estimated value of the investment unit, determined by the management company exercising trust management of the property constituting the corresponding unit investment fund, in accordance with the legislation of the Russian Federation on investment funds, without taking into account the marginal limit of fluctuations in the settlement price of securities.

If, in accordance with the legislation of the Russian Federation on investment funds, the issuance of an investment unit of a mutual investment fund limited in circulation is carried out not at the estimated value of the investment unit, the market value of such an investment unit is recognized as the amount of funds for which one investment unit is issued and which is determined in accordance with with the rules of trust management of a mutual investment fund, without taking into account the limit of fluctuations.

The market value of financial instruments of futures transactions circulating on the organized market is determined in accordance with paragraph 1 of Article 305 of this Code.

The market value of financial instruments of futures transactions not circulating on the organized market is determined in accordance with paragraph 2 of Article 305 of this Code.

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We suggest that you familiarize yourself with Article 212 of the Tax Code of the Russian Federation, Chapter 23 "Peculiarities of determining the tax base when receiving income in the form of material benefits." The information is current for 2016. If you think that Article 212 of the Tax Code of the Russian Federation is outdated and not relevant, please write to the editors of the site using the form

New edition Art. 212 Tax Code of the Russian Federation

1. The taxpayer's income received in the form of material benefit is:

1) unless otherwise provided by this subparagraph, the material benefit received from savings on interest for the taxpayer's use of borrowed (credit) funds received from organizations or individual entrepreneurs, with the exception of:

The material benefit specified in the third and fourth paragraphs of this subparagraph shall be exempt from taxation, provided that the taxpayer has the right to receive a property tax deduction established and confirmed by the tax authority in the manner prescribed by paragraph 8 of Article 220 of this Code.

The material benefit received from savings on interest for the use of borrowed (credit) funds by the taxpayer (with the exception of the material benefit specified in paragraphs two to four of this subparagraph) is recognized as income of the taxpayer received in the form of material benefit, subject to such savings at least one of the following conditions:

appropriate borrowed (credit) funds received by the taxpayer from an organization or individual entrepreneur, which are recognized as an interdependent person of the taxpayer or with which the taxpayer has an employment relationship;

such savings are actually material assistance or a form of reciprocal fulfillment by an organization or an individual entrepreneur of an obligation to a taxpayer, including payment (remuneration) for goods supplied by the taxpayer (work performed, services rendered);

Not recognized as taxpayer's income received in the form of material benefit, material benefit received from savings on interest for the use of borrowed (credit) funds during grace period established in accordance with Article 6.1-1 federal law dated December 21, 2013 N 353-FZ "On consumer credit(loan)";

3) material benefit received from the acquisition of securities, derivative financial instruments, with the exception of the securities specified in this Code, in the event of their acquisition during the initial placement by the issuer and securities acquired from a controlled foreign company by a taxpayer recognized as a controlling person of such a foreign company , as well as a Russian related person of such a controlling person, provided that the income of such a controlled foreign company from the sale of these securities and expenses in the form of the purchase price of securities are excluded from the profit (loss) of this foreign company on the basis of paragraph 10 of Article 309.1 of this Code.

2. When a taxpayer receives income in the form of material benefit specified in subparagraph 1 of paragraph 1 of this article, the tax base is determined as:

The market value of securities circulating and not circulating on the organized securities market is determined as of the date of the transaction.

The market value of derivative financial instruments circulating on the organized market is determined in accordance with paragraph 1 of Article 305 of this Code.

The market value of derivative financial instruments not circulating on an organized market is determined in accordance with paragraph 2 of Article 305 of this Code.

Commentary on Article 212 of the Tax Code of the Russian Federation

tax code for the purpose of calculating personal income tax, determines the following cases when a taxpayer receives a material benefit.

1. Material benefit from savings on interest for the taxpayer's use of borrowed (credit) funds received from organizations or individual entrepreneurs. An exception is the material benefit received from transactions with credit cards within the interest-free period specified in the credit card agreement.

2. Material benefit received from the acquisition of goods (works, services) in accordance with a civil law contract from individuals, organizations and individual entrepreneurs who are interdependent in relation to the taxpayer.

3. Material benefit received from the acquisition of securities.

Let's consider each of these situations in detail.

Financial benefit from interest savings

for the use of borrowed (credit) funds

Material benefit - the amount of savings on interest when taxpayers receive borrowed (credit) funds from organizations or individual entrepreneurs for preferential terms- is defined as follows:

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 3/4 of the current refinancing rate established by the Central Bank of the Russian Federation on the date of receipt of such funds, over the amount of interest calculated on the basis of the terms of the agreement;

For 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 agreement.

When determining the amount of material benefit, the refinancing rate is applied Central Bank RF, established on the date of receipt of borrowed (credit) funds, regardless of whether it changed during the period of use of these funds.

Since December 26, 2005, the refinancing rate of the Central Bank of the Russian Federation has been 12 percent per annum.

The tax base for obtaining material benefits in the form of savings on interest is determined on the day interest is paid on the received borrowed (credit) funds (but at least once a calendar year).

Financial benefit is determined only if borrowed funds received under a loan or credit agreement.

Loan - the transfer of ownership of money or other things defined by generic characteristics, by the lender to the borrower, with the condition that the borrower repays the loan amount or an equal amount of other things of the same kind and quality received by him on the basis of an agreement concluded between the participants in the transaction (Article 807 of the Civil Code of the Russian Federation).

A loan agreement between citizens must be concluded in writing if its amount exceeds at least 10 times minimum size remuneration, and if the lender is entity- regardless of the amount (clause 1, article 808 of the Civil Code of the Russian Federation). In other cases, the loan agreement may be concluded orally. The loan agreement is considered concluded from the moment of transfer of money or other things.

Credit - provision by a bank or other credit institution(creditor) of funds (loan) to the borrower in the amount and on the terms stipulated by the agreement, with the return by the borrower of the received sum of money and paying them interest on the loan (Article 819 of the Civil Code of the Russian Federation).

Thus, a loan agreement is concluded in limited cases, since only banks or other credit institutions can act as creditors under such an agreement, and credit funds can be issued only in monetary form. Unlike a loan agreement, a loan agreement must always be in writing. Failure to comply with the written form entails the invalidity of such an agreement, and it is considered void (Article 820 of the Civil Code of the Russian Federation).

The material benefit received from savings on interest for the use of borrowed (credit) funds by the taxpayer is taxed at a rate of 35 percent (clause 2, article 224 of the Tax Code of the Russian Federation).

An exception to this rule is "income in the form of material benefits received from savings on interest for the use by taxpayers of targeted loans (credits) received from credit and other Russian organizations and actually spent by them on new construction or acquisition on the territory of the Russian Federation of a residential building, apartment or share (shares) in them, on the basis of documents confirming intended use such funds."

In this case, the material benefit received by a taxpayer - a resident of the Russian Federation is subject to personal income tax at a rate of 13 percent.

Please note: for individuals who are not tax residents RF, the tax on income from the amounts of material benefits in the form of savings on interest is withheld at a rate of 30 percent (clause 3, article 224 of the Tax Code of the Russian Federation).

When determining the amount of material benefit in the form of savings on interest for the use of borrowed (credit) funds, subject to taxation at a rate of 35 percent, tax deductions are not provided (clause 4, article 210 of the Tax Code of the Russian Federation).

Calculate the tax on material benefits and transfer this amount to the budget must be a tax agent - an organization or an individual entrepreneur who has provided an individual with a loan (credit) on preferential terms.

The tax can be withheld from any other income of the employee that he receives in the organization or from the entrepreneur (for example, from the amount of salary given in cash, dividends, financial assistance etc.), at the first payment of income in cash. At the same time, the amount of tax withheld cannot exceed 50 percent of the amount of payments due to be issued to the employee.

Please note: the duties of a tax agent are assigned to the organization and for their execution it is not required to obtain powers of attorney from individuals to withhold and transfer tax.

If the employee does not receive other income in the organization or the period during which the tax can be withheld exceeds 12 months, the tax agent must report this to his tax office(according to Form 2-NDFL) and indicate the amount of tax debt of an individual. This must be done no later than one month after the employee receives income.

Material benefit is not determined in the following cases:

If borrowed funds are received by the taxpayer from individuals who are not individual entrepreneurs;

When a taxpayer enters into an agreement commercial loan, determined by Art. 823 of the Civil Code of the Russian Federation, or contracts for the purchase of goods on credit or by installments;

In case of untimely return by the employee of the organization of previously issued accountable amounts.

We justify the last assertion.

Employees who have received cash under the report are obliged, no later than three working days after the expiration of the period for which they are issued, to submit to the accounting department of the organization a report on the amounts spent and make a final settlement on them. This procedure is established by clause 11 of the Procedure for conducting cash transactions in the Russian Federation, approved by the Decision of the Board of Directors of the Central Bank of the Russian Federation of September 22, 1993 N 40.

Therefore, the untimely return of money by the accountable person to the cash desk of the organization is a violation of the Procedure for conducting cash transactions. However, the law does not provide for any punishment for this violation.

In addition, by order of the head of the organization, any period for which money is issued for a report can be established, for example, 60 or 90 days. This will avoid not only the violation of cash discipline, but also the claims of the tax authorities. However, in any case, there is no material benefit for the employee.

Even if the money received under the report is an employee in set time did not return, the ownership of them does not pass to him. Therefore, funds not returned on time are not the income of the accountable person. (Such income can only arise if the funds that are not returned on time are debited from the employee at the expense of the organization.)

In this case, there is no material benefit. As mentioned above, the loan agreement must be concluded in writing. When issuing money against a report, such an agreement is not concluded, and there are no loan relations between the organization and the employee. Therefore, there is no reason to calculate material benefits in the form of savings on interest. The employee only forms a debt for the return of funds received from the organization under the report.

material benefit,

received from the purchase of goods (works, services)

on preferential terms

A material benefit arises if a person buys goods (works, services) at preferential prices from an organization (individual entrepreneur), in relation to which he is an interdependent person.

The amount of material benefit in this situation is defined as the excess of the price of identical (homogeneous) goods (works, services) sold under normal conditions by this organization (individual entrepreneur) over the prices for the sale of goods (works, services) to the taxpayer.

The tax on the amount of material benefit received is paid by taxpayers - tax residents of the Russian Federation at a rate of 13 percent, and by taxpayers who are not tax residents of the Russian Federation - at a rate of 30 percent.

According to paragraph 1 of Art. 20 of the Tax Code of the Russian Federation, organizations or individuals are considered interdependent if the relationship between them affects their economic activity. This situation is possible when:

One organization directly or indirectly (for example, through a subsidiary) owns more than 20 percent of the authorized capital of another organization;

One individual is subordinate to another official position(for example, the director of the enterprise and one of the employees, the head of the department and his subordinate);

Individuals are spouses or relatives, adoptive parent and adopted child, guardian and ward.

Please note: the Tax Code of the Russian Federation does not provide for other formal grounds on which enterprises are automatically recognized as interdependent. Therefore, until the opposite is proven in court, the organization and its employees are not recognized as interdependent persons.

Thus, if you literally follow the norms of the Tax Code, the tax authorities do not have the right to calculate material benefits if an enterprise sells products to its employees at preferential prices.

However, the court may recognize persons as interdependent in other cases. True, for this, the tax authorities must prove to the court that the relationship between these persons influenced the results of transactions for the sale of goods (works, services). This is indicated by paragraph 2 of Art. 20 of the Tax Code of the Russian Federation.

Unfortunately, the existing arbitration practice suggests that judges in many cases recognize the organization and its employees as interdependent persons. For example, in information letter Supreme Arbitration Court RF dated March 17, 2003 N 71 states that, taking into account specific circumstances, a legal entity and its director may be recognized as interdependent.

The situation is even worse if the goods are sold by an individual entrepreneur to his employee. Then the material benefit will need to be calculated. Indeed, in this case, the employee is subordinate to the entrepreneur, and therefore, according to Art. 20 of the Tax Code of the Russian Federation, they are considered interdependent persons.

Therefore, in order to minimize possible fiscal risks, it is necessary to avoid a situation where an organization (individual entrepreneur) sells goods to its employees at preferential prices.

The material benefit received from the purchase of securities is the difference between the amount that the buyer - an individual paid for them, and the market price of the securities, taking into account the marginal limit for fluctuations in this price. So it is written in paragraph 4 of Art. 212 of the Tax Code of the Russian Federation. Tax on such material gain can be paid by both the buyer of securities and his authorized representative - the organization that sold these securities. In this case, the market price of the paper must be taken on the day when the transaction was concluded.

The procedure for determining the market price and the marginal limit of its fluctuations was approved by the Decree of the Federal Commission for Securities of Russia dated December 24, 2003 N 03-52 / ps. Moreover, this document deals only with issue-grade securities that circulate on the organized market. This means that if an employee has purchased securities from a company that are not circulated on such a market (for example, non-financial bills), then there is no need to talk about material benefits.

Market prices of securities circulating on the organized market can be obtained from the organizers of the auction or on their websites on the Internet. The FCSM set the maximum limit for market price fluctuations at 20 percent.

In this situation, tax on the amount of material benefit received by the taxpayer is calculated at a rate of 13 percent.

Another commentary on Art. 212 of the Tax Code of the Russian Federation

As explained by the Constitutional Court of the Russian Federation in the Ruling of 05.07.2002 N 203-O, the provisions of subparagraph 1 of paragraph 2 of Article 212 and paragraph six of paragraph 2 of Article 224 of the Tax Code, and prescribing when calculating tax on material benefits from savings on interest for the taxpayer's use of borrowed (credit) funds received from organizations or individual entrepreneurs based on the refinancing rate established by the Central Bank of the Russian Federation on the date of receipt of such funds, are applied in cases where these borrowed (credit) funds were received after January 1, 2001.

Decree of the Federal Securities Commission of Russia No. 03-52/ps dated December 24, 2003 approved the procedure for calculating the market price of issue-grade securities and investment units of mutual investment funds admitted to circulation through trade organizers and establishing the maximum limit for market price fluctuations.

The tax is levied on the negative difference between the amount of interest calculated on the basis of the terms of the agreement and the amount of interest calculated on the basis of:

2/3 of the refinancing rate as of the date of interest payment, - for credits (loans) in rubles;

9% per annum - for credits (loans) in foreign currency.

The exception is the material benefit received:

During the period of interest-free use of the loan established by the agreement in transactions with bank cards;

For borrowed (credit) funds raised for the purchase or new construction of a residential building (apartment, room) in Russia, provided that .

From 01/01/2010, due to the entry into force of the Federal Law of 11/25/2009 N 281-FZ, when determining the tax base for personal income tax, income in the form of material benefits from the acquisition of securities, financial instruments of futures transactions is taken into account.

Art. 212 Tax Code of the Russian Federation regulates the methodology for determining the income of an individual received in the form of material benefits. Taxation procedure income tax such amounts is quite specific and requires separate consideration.

The concept of material benefit in Article 212 of the Tax Code of the Russian Federation

This article contains a closed list of circumstances when an individual may have a material benefit:

use of borrowed money received at a reduced interest rate or without paying interest;
purchase of valuables, works or services from interdependent entities;
benefit from the acquisition of securities, term financial instruments.

Prerequisites for the emergence of taxable amounts on interest payments

Savings on interest may take place in the following stipulated Art. 212 NK RF cases:

if the interest paid on loan agreement or a loan agreement, less than 2/3 of the Central Bank refinancing rate on the day of their repayment and the debt under the agreement is defined in rubles;
if the interest rate is less than 9% per annum for loans and borrowings issued in foreign currency.

Are there conditions for tax exemption?

Income from material benefits does not arise if the following conditions are met:

For operations with plastic credit cards during the interest-free period provided for by the agreement. On the this moment this is a fairly common marketing ploy, when the cardholder, when repaying the loan, does not pay interest on the loan within a predetermined period.
In the event of a loan or loan low interest for the purchase or construction of a residential property.
If the money is provided at a reduced interest to repay previously taken mortgage loans.

However, with regard to housing loans interest savings are eligible only if the individual is granted property deduction based on Art. 220 of the Tax Code of the Russian Federation. Moreover, it is mandatory to certify this fact by the Federal Tax Service. In fact, it is not necessary to exercise the right to a deduction, it is enough to have a confirmation document that it exists. It is not necessary to accrue and pay personal income tax on such a benefit even after the deduction has been fully used.

Calculation of personal income tax from maty benefits on interest

The object of taxation of savings on interest is the difference between the limit specified in the Tax Code of the Russian Federation (2/3 of the refinancing rate and 9%) and the amount actually accrued for debt service in accordance with the agreement. In this case, the day of formation of the taxable base is:

Until January 2016 - the date of the actual transfer of interest. It must be understood that this is the day when the payment was made, and not the one specified in the loan agreement. When receiving funds in debt without interest, the benefit is calculated on the day of their actual return.
From January 2016 - the last day of each month of the loan agreement.

Interest withholding mechanism

The rule on the obligation of a tax agent to pay tax also works here - the employer, bank or other structure that issued the loan is required to calculate, withhold and transfer personal income tax to the budget. If the agent does not have a way to withhold and transfer the tax, then the latter must notify the tax authorities about this. In this case, the tax will have to be paid directly by the taxpayer who received such a “soft” loan.

Previously, a message about the inability to withhold tax had to be sent to the tax authorities within one month after the end of the year. From 2016, you can do this until March 1.

Benefit arising from the purchase of goods, works or services from related parties

For the occurrence of such a variant of materiel, the simultaneous presence of two conditions is necessary:

acquiring values and their seller - interdependent persons;
the cost of the implementation of the object is lower than its market value, calculated in accordance with paragraph 3 of Art. 105.3 of the Tax Code of the Russian Federation.

Criteria for the interdependence of entities in the transaction:

the nature of the relationship between the subjects can affect the main parameters of the operation;
subjects can influence the overall outcome of the work or the results of the activities of the persons they represent.

The following circumstances characterize economic entities as interdependent:

the presence of official subordination of one participant in the transaction to another;
family relationships between participants.

Judges in proceedings may determine other criteria for interdependence.

Payers of the tax and the mechanism of its calculation for the benefit of the acquisition of material values

Obligations to calculate and transfer to personal income tax budget in such cases must be borne by the tax agent (if the seller of the goods is a legal entity). If both parties to the transaction are individuals, the fulfillment of their obligations must be carried out by the taxpayer himself, who purchases the goods at a reduced price. The object for taxation of personal income tax in this situation is the resulting deviation from the market price.

Material benefit from securities

Upon receipt of securities at reduced prices compared to market prices or on a gratuitous basis, an object for personal income tax also arises. It will be the difference between the market value and the actual expenses incurred to purchase papers. Definition methodology market value thoroughly spelled out in paragraph 4 of Art. 212 Tax Code of the Russian Federation.

At the same time, the amount of taxable savings must be calculated on the day of the purchase of securities, and the agent must also calculate and withhold tax. In relation to situations where there is nothing to withhold personal income tax, a rule similar to that described in the previous paragraphs applies: the tax is paid by an individual who has acquired securities.

The percentage of personal income tax levied on matvy benefits

At the moment, the following rates apply in relation to material benefits:

received from savings on interest - 35%;
arising from the purchase of goods, works, services and securities at below market prices for residents - 13%;
formed during the purchase of inventory items (works, services) and securities by non-residents - 30%.

Art. 212 of the Tax Code of the Russian Federation describes in detail all cases of the occurrence of material benefits subject to personal income tax. The list of such cases is closed: it is savings on interest and the purchase of financial values, as well as securities at reduced prices. For each of them there are rules for the recognition and calculation of the tax base.

With regard to savings on interest, preferential cases of tax exemption are provided.

In all cases, the obligation to pay tax lies with the tax agent, however, if it is impossible to pay personal income tax to the budget, he must inform the tax authorities about this. Then the individual who has benefited from the transaction must pay the tax due. The tax rate differs depending on the type of transaction and the category of the person who received the material benefit.

1. The taxpayer's income received in the form of material benefit is:

1) material benefit received from savings on interest for the taxpayer's use of borrowed (credit) funds received from organizations or individual entrepreneurs, with the exception of:

The material benefit specified in paragraphs three and four of this subparagraph is exempt from taxation, provided that the taxpayer has the right to receive a property tax deduction established by subparagraph 2 of paragraph 1, confirmed by the tax authority in the manner prescribed by paragraph 3;

(Subparagraph 1 as amended by the Federal Law of July 19, 2009 N 202-FZ - Collection of Legislation of the Russian Federation, 2009, N 29, Art. 3639)

2) material benefit received from the acquisition of goods (works, services) in accordance with a civil law contract from individuals, organizations and individual entrepreneurs who are interdependent in relation to the taxpayer (as amended by Federal Law of December 29, 2000 N 166 -FZ - Collection of Legislation of the Russian Federation, 2001, N 1, item 18);

3) material benefit received from the acquisition of securities, financial instruments of futures transactions (as amended by the Federal Law of November 25, 2009 N 281-FZ - Collection of Legislation of the Russian Federation, 2009, N 48, Art. 5731).

2. When a taxpayer receives income in the form of material benefit specified in subparagraph 1 of paragraph 1 of this article, the tax base is determined as:

1) the excess of the amount of interest for the use of borrowed (credit) funds, denominated in rubles, calculated on the basis of two-thirds of the current refinancing rate established by the Central Bank of the Russian Federation on the date of actual receipt of income by the taxpayer, over the amount of interest calculated on the basis of the terms of the agreement (as amended by Federal Law of July 24, 2007 N 216-FZ - Collection of Legislation of the Russian Federation, 2007, N 31, Article 4013 Federal Law of July 22, 2008 N 158-FZ - Collection of Legislation of the Russian Federation, 2008, N 30 , item 3614);

2) the excess of the amount of interest for the use of borrowed (credit) funds denominated in foreign currency, calculated on the basis of 9 percent per annum, over the amount of interest calculated on the basis of the terms of the agreement (as amended by Federal Law of June 6, 2005 N 58-FZ - Collection of Legislation of the Russian Federation, 2005, N 24, item 2312).

Determination of the tax base upon receipt of income in the form of material benefit received from savings on interest upon receipt of borrowed (credit) funds, calculation, withholding and transfer of tax are carried out by the tax agent in the manner established by this Code (as amended by the Federal Law of July 24, 2007 No. 216-FZ - Collection of Legislation of the Russian Federation, 2007, No. 31, item 4013).

4. When a taxpayer receives income in the form of a material benefit specified in subparagraph 3 of paragraph 1 of this article, the tax base is determined as the excess of the market value of securities, financial instruments of forward transactions over the amount of the taxpayer's actual expenses for their acquisition.

The market value of securities circulating and not circulating on the organized securities market is determined on the date of the transaction .

The procedure for determining the market price of securities, the settlement price of securities, as well as the procedure for determining the maximum limit for market price fluctuations shall be established for the purposes of this chapter. federal agency executive authority for the securities market in agreement with the Ministry of Finance of the Russian Federation, subject to the provisions of this paragraph.

The market value of financial instruments of futures transactions circulating on an organized market is determined in accordance with paragraph 1.

The market value of financial instruments of futures transactions that are not traded on an organized market is determined in accordance with paragraph 2.

(Clause 4 as amended by the Federal Law of November 25, 2009 N 281-FZ - Collection of Legislation of the Russian Federation, 2009, N 48, Art. 5731)