When does material gain arise?
Material benefit (MB) represents income received by an individual (Article 212 of the Tax Code of the Russian Federation):
- from saving on interest for the use of borrowed funds issued to him by a legal entity or individual entrepreneur at a low interest rate;
- purchase of securities (securities) at a price below the market price;
- acquisition of goods (works, services) from interdependent persons.
Read more about each of these types of income here.
ConsultantPlus experts spoke in detail about the nuances of personal income tax taxation of material benefits. Get free demo access to K+ and go to the Ready Solution to find out all the details of this procedure.
Registration
Letter of the Federal Tax Service No. BS-4-11/ [email protected] dated November 23, 2016
The Federal Tax Service has considered the request <...> about the procedure for reflecting in the calculation of the amounts of personal income tax calculated and withheld by the tax agent (Form 6-NDFL), the amount of income in the form of material benefits and reports the following.
In accordance with paragraph 3 of paragraph 2 of Article 230 of the Tax Code of the Russian Federation (hereinafter referred to as the Code), tax agents submit to the tax authority at the place of their registration a calculation of the amounts of personal income tax calculated and withheld by the tax agent (hereinafter referred to as the calculation in form 6-NDFL ), for the first quarter, half a year, nine months - no later than the last day of the month following the corresponding period, for a year - no later than April 1 of the year following the expired tax period, in the form, formats and in the manner approved by the order of the Federal Tax Service of Russia dated 10/14/2015 N ММВ-7-11/ [email protected] “On approval of the form for calculating the amounts of personal income tax calculated and withheld by the tax agent (form 6-NDFL), the procedure for its completion and submission, as well as the format for presenting the calculation of the amounts personal income tax calculated and withheld by a tax agent in electronic form.”
Section 1 of the calculation in form 6-NDFL is filled out with an accrual total for the first quarter, half a year, nine months and a year.
Section 2 of the calculation in Form 6-NDFL for the corresponding reporting period reflects those transactions that were carried out over the last three months of this reporting period.
Subclause 7 of clause 1 of Article 223 of the Tax Code of the Russian Federation (hereinafter referred to as the Code) establishes that the date of actual receipt of income in the form of material benefits received from savings on interest for the use of borrowed (credit) funds is defined as the last day of each month during the period for which borrowed (credit) funds were provided.
In accordance with the provisions of paragraph 3 of Article 226 of the Code, tax amounts are calculated by tax agents on the date of actual receipt of income, determined in accordance with Article 223 of the Code.
According to paragraphs 4 and 5 of Article 226 of the Code, when paying income to a taxpayer in the form of a material benefit, the calculated amount of tax is withheld by the tax agent at the expense of any income paid by the tax agent to the taxpayer in cash. If it is impossible to withhold the calculated amount of tax from the taxpayer during the tax period, the tax agent is obliged, no later than March 1 of the year following the expired tax period in which the relevant circumstances arose, to notify the taxpayer and the tax authority at the place of his registration in writing about the impossibility of withholding the tax, about the amounts of income from which tax has not been withheld and the amount of tax not withheld.
In the situation under consideration, the organization issued an interest-free loan to the employee on June 1, 2016. No other income payments were made to this individual.
Taking into account the above, the amount of tax on income in the form of material benefits received from savings on interest for the use of borrowed (credit) funds must be calculated by the tax agent on the last day of each month during the period for which the borrowed (credit) funds were provided, then available starting from 06/30/2016.
In the situation under consideration, in the calculation according to Form 6-NDFL, this operation should be reflected in section 1, starting with the presentation of the calculation for the first half of 2021.
In section 2 of the calculation in form 6-NDFL for the first half of 2021, this operation should be reflected as follows:
line 100 indicates the last day of each month during the period for which the borrowed (credit) funds were provided (for example, 06/30/2016);
on lines 110, 120 - 00.00.0000;
on line 130 - the corresponding total indicator;
on line 140 - 0.
In accordance with paragraph 6 of Article 81 of the Code, when a tax agent discovers in the calculation submitted by him to the tax authority the fact of non-reflection or incomplete reflection of information, as well as errors leading to an understatement or overstatement of the amount of tax to be transferred, the tax agent is obliged to make the necessary changes and submit to tax authority updated calculation in the manner established by Article 81 of the Code.
Acting State Advisor of the Russian Federation, 2nd class S.L. BONDARCHUK
6-NDFL and material benefit: which lines to fill out
If there is a fact that an individual received MV in the reporting period in 6-NDFL, you will need to fill out the following lines in section 1:
- about the applied tax rate (page 010);
- accrued income (line 020).
IMPORTANT! If the MV rate differs from 13%, a separate block of lines 010–050 is filled in. If not, income in the form of CF is given together with other income taxed at this rate.
Read about the changes that have occurred in MV taxation since 2021 here.
Section 2 reflects:
- date of actual receipt of income (line 100) and its amount (line 130);
- date and amount of tax withholding, as well as the deadline for its transfer (lines 110, 140, 120).
If the tax agent does not pay any cash income to the person who received the MV, in section 1 you will have to fill out another line 080, indicating the impossibility of withholding personal income tax.
In the next section, we will dwell on the nuances of filling out line 100, reflecting the date of receipt of income in a situation with CF.
Reflection in the 6-NDFL report
The benefit and the tax on it are shown in both sections of the report. We remind you that section 1 is compiled on an accrual basis - from the beginning of the calendar year to the end of the reporting/tax period. And in section 2 only those transactions that occurred in the last 3 months of the reporting period are shown.
In section 1, lines 010 (tax rate) and 020 (amount of accrued income) must be completed. Since the rate for financial benefits differs from the tax rate for wages, you will have to reflect the data in Section 1 in a separate block.
An employee is included in the final line 060 only once, despite the fact that income and tax indicators can be included in lines 010-050 twice (if both salary and financial benefits are accrued).
If the tax was withheld during the reporting period, lines 010, 020, 040, 060, 070 of the form are filled in.
If there was no tax withholding, line 070 is not filled in.
Material benefit in 6-NDFL: example of filling
03/01/2019 working at Mega LLC Kilin A.V. entered into an interest-free loan agreement for 1 year and received funds in the amount of 100,000 rubles. For March 03/31/2019, a financial benefit was accrued. Let’s assume that the key rate of the Central Bank as of March 1, 2019 is 7.75%.
04/10/2019 Kilin A.V. receives wages for March, from which he has, incl. personal income tax is withheld and immediately transferred to the budget.
Calculation of material benefits for March:
100,000 x (2/3 x 7.75%): 365 x 31 = 438.82 (rub.), where
100000 – loan amount,
2/3 – the established limit on the Central Bank rate for calculating financial benefits,
7.75% – current Central Bank rate,
365 - number of days of the contract validity period,
31 calendar days in March 2021.
Personal income tax = 438.82 x 35% = 154 rubles.
We will show the reflection of transactions for the March financial benefit in section 1 (6-personal income tax for the 1st quarter), if the tax was not withheld in the reporting period. Since the tax on financial benefits was not withheld in March, line 070 and section 2 (regarding financial benefits) will remain blank.
Sample of filling out form 6-NDFL for the 1st quarter (rate 35%):
If the accrual of financial benefits took place in the last month of the reporting period, and the personal income tax amount was not withheld and, accordingly, transferred, then for this month lines 100-140 of section 2 are not filled out. The deduction will be reflected in the report of the next period.
Reflection of material benefits in 6-NDFL - example
Let's continue the previous example. Matveygoda continued to be accrued to the employee in the 2nd quarter:
- For April – 424.66 rubles. (personal income tax 35% - 149 rubles);
- For May – 438.82 rubles. (personal income tax 35% - 154 rubles);
- For June – 424.66 rubles. (personal income tax 35% - 149 rubles).
The salary for June was paid in July, so it will not be included in section 2. The data in Section 1 is reflected on an accrual basis from the beginning of the year.
How material benefits will be reflected in 6-NDFL - an example of a half-year report will be as follows:
Date of receipt of income if there is material benefit
When income is received in the form of MV, it is recognized as the date of receipt of income and is reflected on line 100 of the 6-NDFL calculation:
- The day of acquisition of goods (work, services) and purchase of securities (subclause 3, clause 1, article 223 of the Tax Code of the Russian Federation).
- The day of payment for the value of securities, if their payment occurred after the transfer of ownership of them to the taxpayer (subclause 3, clause 1, article 223 of the Tax Code of the Russian Federation).
- The last day of each month during the period of using borrowed money (subclause 7, clause 1, article 223 of the Tax Code of the Russian Federation).
We will show you how to fill out lines 100–140 according to MV below with an example.
Read about the rules for filling out line 100 in the article “Procedure for filling out line 100 of form 6-NDFL.”
The company was unable to withhold personal income tax on profits in the current quarter
The company issued an interest-free loan to the employee. At the end of June, she calculated the material benefit and the personal income tax on it. But the company was able to withhold tax only in July. This month falls within the next reporting period.
Material benefits from savings on interest are subject to personal income tax (Clause 1, Article 210 of the Tax Code of the Russian Federation). The tax base for such income is calculated according to the rules of Article 212 of the Tax Code of the Russian Federation. Take the Central Bank rate on the date of receipt of income.
This is interesting: Rational use of natural resources, article of the Federal Law
The date of receipt of income for material benefits is the last day of the month (subclause 7, clause 1, article 223 of the Tax Code of the Russian Federation). If the company was unable to withhold personal income tax in the reporting period, fill in such income by analogy with the rolling salary. Since the company accrued income and calculated personal income tax in June, include the benefit in section 1 of the calculation for the half-year (letter of the Federal Tax Service of Russia dated March 23, 2016 No. BS-4-11 / [email protected] ).
Material benefits are taxed at a rate of 35 percent. For such income, fill out a separate block of lines 020–050. In line 020 show the accrued benefit for June, in line 040 - the personal income tax calculated from it. The withheld personal income tax in line 070 of section 1 need not be filled out, since the company did not withhold tax in the reporting period (letter of the Federal Tax Service of Russia dated May 16, 2016 No. BS-4-11/8609). Also do not include tax not withheld from material benefits in line 080, since the company will withhold the tax until the end of the year.
Fill out Section 2 in the reporting for the period in which you were able to withhold personal income tax. That is, based on nine months.
As of the date of filling out the calculation, the company had not yet withheld personal income tax from the benefit, so it did not reflect this tax in line 070. In section 1, the company filled out the benefits as in sample 52.
The company included material benefits in section 2 of the calculation for nine months.
Sample 52. How to fill out the calculation if the company withheld tax on profits in the next quarter:
Results
Material benefits can be of different types (from savings on interest, when purchasing goods and services and securities at a price below the market price).
To fill out 6-NDFL when reflecting material benefits, additional calculations will be required to determine its value and the amount of tax corresponding to it. MV may be subject to rates that differ from the generally accepted rates. To correctly fill out 6-NDFL with data on MV, it is important to correctly determine the date of receipt of income corresponding to the financial benefit and the deadline for transferring personal income tax from it. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
