Rules of law: assignment of status to a low-income family
In accordance with the legislative framework of the Russian Federation, assignment of the status of a low-income family occurs on the basis of general average income calculated for each individual member of the family. The basis for receiving child benefit is an average income that does not reach the established level of the subsistence minimum.
To find out whether a family can count on additional benefits and subsidies intended for low-income status, it is necessary to find out what level of the cost of living is set in 2021. Then make a simple recalculation of income to the subsistence level. To do this, write down the official financial receipts of all family members, add them to the total amount and divide by the number of people in the family.
Financial revenues to the family budget are summed up for the last 3 months, and all sources of cash receipts are taken into account:
- official earnings;
- interest accrued on deposits;
- financial income from rental property;
- pension accruals;
- financial payments that are systematically accrued;
- regular, social and academic scholarship;
- monetary remuneration, bonus and honorarium;
- alimony, social subsidies and benefits.
From 01/01/2020 in the Russian Federation, the average cost of living per person is set at 10,609 rubles (for workers 11,510 rubles, for pensioners 8,788 rubles, for a child 10,383 rubles). The size of the PM for different subjects of the federation has different meanings. In Moscow, the size of the PM is 16,843 rubles.
Approximate recalculation of income for one family living in Moscow:
- father's earnings - 13,000 rubles;
- mother’s earnings – 6,000 rubles;
- grandmother’s pension – 3,000 rubles;
- child's scholarship - 1,500 rubles.
The total income for 3 months will be equal to (13,000x3) + (6,000x3) + (3,000x3) + (1,500x3) = 70,500 rubles. This amount is divided and the income for 1 month is 70,500: 3 = 23,500 rubles.
This is the total family income, but the average per member is 23,500: 4 = 5,875 rubles, which is much lower than the established subsistence level for 2021. The natural conclusion: the family has a legal right to low-income status.
Sample certificate for social services
Form 2-NDFL is the usual standard for a certificate of employee income. Typically, this version of the document is accepted by all third-party departments. In the case of social services, applicants need a slightly different sample income certificate. This takes into account options for providing income for the last 3 months. According to the rules of the Tax Code, it is not prohibited to order the issuance of a 2-NDFL certificate for 3 or 6 months of the current year.
2-NDFL: for what period is it issued?
Despite the fact that the obligation to issue a 2-NDFL Certificate is expressly stated in the Tax Code of the Russian Federation, tax legislation does not provide for any penalties for failure to issue this Certificate. But, as stated above, the employer may face a “labor” fine.
But keep in mind that according to the Labor Code, work-related documents are issued to the employee no later than three working days from the date the employee submits the relevant application, and in case of dismissal - on the same day (Article 62, 84.1 of the Labor Code of the Russian Federation). Consequently, if you violate this deadline, the employee may complain to the labor inspectorate, as a result of which you will face a fine (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).
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Where can I get help?
There are several options for ordering and receiving an income certificate. The method of receipt depends on the working status of the individual.
- place of official employment for working citizens;
- Pension Fund of the Russian Federation for citizens receiving a pension from a non-state fund;
- 2 Personal income tax Government services;
- educational institutions for certificates of scholarships;
- informal employment - a free form, the employee must receive at a bank branch (it is not a fact that the boss will sign the document where the “gray” salary is indicated);
- those officially unemployed who are registered with employment centers can draw up a document on assigned social benefits locally;
- unemployed people who are not registered anywhere, who do not have an official salary or assigned social benefits, provide a photocopy of the first and last page of the work book.
Everything about a 3-month income certificate for child benefits: norms, deadlines, samples
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Procedure for submitting documents through the MFC
To register the status of a low-income family through the multifunctional center, the first thing you need to do is make an appointment. Registration can be made during a personal visit to the MFC, by telephone by calling the hotline or online through your personal account, and you can receive an electronic queue coupon.
Before it’s time to visit the center to apply for status, it’s worth finding out what documents are needed in 2021 so that you don’t have to submit them twice.
List of documents for processing social payments
After waiting for the day of your turn, take with you a complete package of prepared documentation. Visit the MFC in person, receive a standard form from an employee and fill out the application in accordance with the official sample.
It is advisable to be careful and avoid any inaccuracies or omissions in the form. After filling out, give the employee the application and the following documents for low-income people:
- the applicant’s passport, certified copies of passports of all family members; if the family has children under 14 years of age, a copy of the birth certificate is required.
- a copy of the marriage certificate or certificate of divorce.
- a certificate of income of all family members for the last 3 months, filled out according to the requirements.
- document form F9 or an extract from the house register.
- a copy of the document certifying the ownership of the property.
- extract from the Unified State Register for all family members.
- original certificate of disability, if there are incapacitated disabled people in the family.
- a document with the bank details of the applicant’s current account.
The employee will accept the prepared package of documents, double-check and if everything is in order, issue an extract with the registration number. Using this number, each applicant will be able to track the status of the submitted application.
The period for issuing a certificate through the MFC is usually no more than 10 working days. The decision to officially assign the status of a low-income family is made after 3 days.
What information is contained in the help?
The form of the 2-NDFL certificate for 12 months is approved at the legislative level. It must include the following information:
- the year for which information is provided;
- date of issue of the document and its originating number;
- details of the tax agent, i.e. the employer (it is he who transfers the money instead of the employee to the Pension Fund);
- details of the income recipient, including passport data;
- income received for 12 months - information is presented in tabular form indicating the specific month, income code and payment amount;
- tax deductions made;
- the total amount of payments made, taxes withheld and returned, incl. advance payments.
Expert opinion
Kozlov Nikita Vladimirovich
Practitioner lawyer with 7 years of experience. Specialization: family law. Legal expert.
At the bottom of the document is the signature of an authorized person - the chief accountant or the person replacing him, or the heads of the company, as well as a seal (if any).
- The date of the certificate is indicated only in numbers, without spaces or words, for example 02/02/2020
- The stamp is affixed in the lower left corner of the page, where the M.P. sign is located.
This must be done by the employee applying for benefits.
Reasons for refusal
The main reason for refusal to obtain low-income status through the multifunctional center is incorrect completion of the application. Then false information about income is indicated: understating the amount of total income or not including all family members living in the same living space on the certificate.
The factor that is often taken into account is when able-bodied members of a family claiming low-income status do not study, work, or serve in military service for the 3 months preceding the month of filing an application for social assistance. Exceptions are made for individuals who are officially registered as unemployed.
One of the family members, a year before applying for low-income family status, made a purchase in an amount exceeding 10 times the legal minimum subsistence level.
If this information is concealed, after the status of a low-income family is assigned, the applicant is denied the assigned social assistance. Moreover, he may be subject to administrative or criminal penalties. The amount of subsidies that the applicant managed to receive will be charged to the citizen until full repayment.
The official status of a low-income family allows many people in need to receive the necessary support from the state and enjoy the necessary preferences. Russian legislation provides its citizens with a convenient opportunity to prepare all necessary documents through the MFC; certificates and appointments are made without queues at any time convenient for the user.
Deadline for 2NDFL certificate for social security
- Information about employers indicating company details;
- Full name of the employee;
- The employee’s income (monthly) as well as information about the tax that is deducted from the amount of income;
- If an employee has certain rights to deductions, then these parameters are also indicated in the certificate with deduction codes;
- The amount of deductions must be indicated;
- The final amount must be formed - the total amount of taxes that have been deducted, as well as the amount of total income for a certain period of time.
In this case, although the legislator does not determine the validity period of the certificate and it is considered unlimited, the state authority requires that the document be issued no later than 30 days ago. In other words, if you issued a certificate several months ago, then you will not be able to submit a package with such a document for registration of assistance to a low-income family. Please note that banks require that the certificate be issued no more than 10-30 days ago; social services must submit a certificate that is issued no later than 30 days ago. But to receive tax deductions, you can provide a certificate that was issued half a year ago or even several years ago.
27 Jul 2021 jurist7sib 87
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