Procedure for obtaining compensation for mortgage interest to an employee
Compensation may be taken into account when calculating income tax.
However, the maximum limit for accounting is 3% of expenses for wages (based on clause 24.1 of Article 255 of the Tax Code of the Russian Federation). A similar procedure is relevant for the simplified taxation system. If the amount of compensation exceeds income tax expenses, personal income tax will have to be withheld. Compensation of interest is a procedure, all the nuances of which are not regulated by regulations. The procedure for compensation is determined by the employer himself. However, he must take into account that risky schemes will provoke questions from representatives of the tax authority.
Reimbursement of employees for mortgage interest payments
The documents with which an organization can confirm the legality of recognizing in expenses the amounts paid to reimburse the employee’s expenses for paying interest on loans (credits) for the purchase and (or) construction of housing are documents that prove what expenses the employee actually incurred. It can be:
- a copy of the loan agreement;
- copies of receipts confirming the employee’s payment of interest under the loan agreement;
- expense and cash orders, payment orders confirming the fact of reimbursement of interest by the employer;
- an agreement between an employee and an employer to reimburse expenses for paying interest under a loan agreement;
- a copy of a document confirming the intended use of borrowed funds (purchase of housing);
- an employment or collective agreement containing a provision for reimbursing the employee for specified expenses.
Reimbursement of employee costs for paying interest on mortgage loans under the simplified tax system
According to paragraph 40 of Art. 217 of the Tax Code of the Russian Federation are not subject to personal income tax taxation of amounts paid by organizations to their employees to reimburse the costs of paying interest on loans for the purchase of residential premises, included in the expenses taken into account when determining the tax base for corporate income tax.
Our organization applies a taxation system in the form of UTII and simplified tax system (income). Is this article applicable to organizations like ours? If so, how will such payments be normalized (3% of the payroll)?
In accordance with paragraph 40 of Art.
the Tax Code of the Russian Federation are not subject to taxation
(exempt from personal income tax) amounts paid
by organizations (individual entrepreneurs)
to their employees to reimburse the costs of paying interest on loans
(credits) for the purchase and (or) construction of residential premises, included in the expenses taken into account
when determining the tax base for corporate income tax
.
According to clause 24.1 of Art. 255 Tax Code of the Russian Federation
expenses
to reimburse employees
for paying interest on loans (credits) for the purchase and (or) construction of residential premises
are classified as labor costs
.
These expenses for tax purposes are recognized in an amount not exceeding 3% of the amount of labor costs
.
In accordance with paragraphs 6 clause 1 art. 346.16 Tax Code of the Russian Federation
When determining the tax base, taxpayers applying the simplified taxation system
take into account, in particular, labor costs
and payment of temporary disability benefits in accordance with the legislation of the Russian Federation.
According to paragraph 2 of Art. 346.16 Tax Code of the Russian Federation
expenses for wages, payment of temporary disability benefits are accepted in the manner prescribed for calculating corporate income tax,
Art.
255 Tax Code of the Russian Federation .
As the Ministry of Finance of the Russian Federation indicated in letter dated 05.05.2009 No. 03-11-06/3/123, in the case where an organization applying a simplified taxation system with the object of taxation in the form of income reduced by the amount of expenses
, in accordance with concluded employment contracts, reimburses employees for the interest they paid on the loan (loan) for the construction (purchase) of housing,
these expenses of the organization are taken into account when calculating the tax
paid in connection with the application of the simplified taxation system,
in an amount not exceeding 3% of the amount of expenses for wages for the organization as a whole
.
At the same time, in 2011, the Ministry of Finance confirmed that expenses
in the form of amounts of compensation to employees of the organization, expenses for paying interest on loans (credits) for the purchase and (or) construction of housing
can be taken into account when determining the tax base for the tax
paid in connection with the application of the simplified tax system, in the amount established by
clause 24.1 of Art.
255 Tax Code of the Russian Federation .
But with regard to the taxation of personal income tax on the amounts of these compensations
the financial department already doubted something and promised to inform additionally (to date it has not reported) (letter dated 04/11/2011 No. 03-11-06/2/50).
However, in relation to organizations applying the simplified tax system with the object of taxation “income”
, the position of officials is different.
The Ministry of Finance notes that in accordance with paragraph 2 of Art. 346.11 Tax Code of the Russian Federation
the use of a simplified system of taxation by organizations provides for their
exemption from the obligation to pay corporate income tax
.
In addition, the provisions of Chapter 26.2 of the Tax Code of the Russian Federation for organizations applying a simplified taxation system with the object of taxation in the form of income do not provide for taking into account any expenses when determining the tax base
.
Thus, to the amounts paid to employees to reimburse interest costs
for loans (credits) for the purchase and (or) construction of residential premises,
an organization applying a simplified taxation system with the object of taxation in the form of income, clause 40 of Art.
217 of the Tax Code of the Russian Federation does not apply and the specified
amounts are subject to personal income tax
in the prescribed manner (letter of the Ministry of Finance of the Russian Federation dated October 7, 2010 No. 03-04-06/6-246).
Accordingly, this position of the Ministry of Finance also applies to UTII
.
After all, they are also not payers of income tax and do not keep track of expenses when determining the tax base.
Unfortunately, there is no judicial practice on this issue
.
We can only consider the question by analogy
.
Until 2008,
paragraph 9 of Art.
Tax
Code of the Russian Federation provided that
the amounts of full or partial compensation for the cost of vouchers
by employers to their employees and (or) members of their families, disabled people who do not work in a given organization, are not subject to taxation (exempt from personal income tax). on the territory of the Russian Federation, sanatorium-resort and health-improving institutions, as well as the amount of full or partial compensation for the cost of vouchers for children under 16 years of age to sanatorium-resort and health-improving institutions located on the territory of the Russian Federation, paid at the expense of employers’ funds remaining at their disposal after payment of corporate income tax.
And tax authorities refused to apply this benefit to taxpayers applying special tax regimes for the same reason as now
.
the Presidium of the Supreme Arbitration Court of the Russian Federation put an end to the dispute
, which in resolution No. 14324/04 dated April 26, 2005 indicated that enterprises
using the simplified taxation system pay a single tax, which replaces the payment of a set of taxes and fees established by the legislation of the Russian Federation, including income tax
.
Therefore, in the case of paying employees for vouchers to sanatorium-resort and health-improving institutions at the expense of the net income remaining at the disposal of the enterprise after paying the single tax
, the latter in accordance with
paragraph 9 of Art.
217 of the Tax Code of the Russian Federation are not required to calculate, withhold and transfer personal income tax to the budget from the cost of these vouchers .
The Supreme Arbitration Court of the Russian Federation especially emphasized that Art. 217 Tax Code of the Russian Federation
a list of tax-exempt income of individuals, and not of employing organizations,
is provided .
Consequently, when applying the norm contained in paragraph 9 of Art. 217 Tax Code of the Russian Federation
, depending on the taxation regime,
individuals working in organizations using a simplified taxation system are placed in an unequal position
in relation to individuals working in organizations with a general taxation system, which
violates the principle of universality and equality of taxation
enshrined in
paragraph 1 of Art. .
3 Tax Code of the Russian Federation .
In addition, the use of a simplified taxation system by a company and the definition of a special taxation object for this purpose do not deprive the company of the right to make payments from the funds remaining at its disposal after paying a single tax.
.
The legislator took into account the position of the court and since 2008,
paragraph 9 of Art.
217 of the Tax Code of the Russian Federation states that
amounts of full or partial compensation (payment) by employers to their employees and (or) members of their families, former employees who quit due to retirement due to disability or old age are not subject
to taxation (exempt from personal income tax). , disabled people who do not work in this organization,
the cost of purchased vouchers
, with the exception of tourist vouchers, on the basis of which these persons are provided with services by sanatorium-resort and health-improving organizations located on the territory of the Russian Federation, as well as the amount of full or partial compensation (payment) for the cost of vouchers for non children who have reached the age of 16 years, on the basis of which these persons are provided with services by sanatorium-resort and health-improving organizations located on the territory of the Russian Federation,
provided by
:
– at the expense of organizations (individual entrepreneurs), if the costs of such compensation (payment) in accordance with the Tax Code of the Russian Federation are not included in the costs taken into account when determining the tax base for corporate income tax;
– at the expense of funds received from activities in respect of which organizations (individual entrepreneurs) apply special tax regimes
.
But for now, the corresponding rule regarding compensation for interest on mortgage loans by taxpayers applying special tax regimes will not be included in Art. 217 Tax Code of the Russian Federation
, we can hardly expect that tax authorities will voluntarily give up excess tax revenues to the budget.
Let us repeat that there is no judicial practice on this issue yet.
How does an employer compensate an employee for mortgage interest?
When a company's management decides to compensate expenses in the form of interest on a mortgage, its employee acquires the right to reduce taxable profit. This benefits private companies and organizations by reducing overall costs. However, in order to legally prepare the necessary documentation, you should carefully study the norms recommended by law and find out the exact list of documents that will be required to confirm the calculation of such compensation for an employee.
The maximum amount that should apply to the cost of compensation for the amount of interest on a mortgage taken for the construction or purchase of individual housing is not calculated for each individual employee. This calculation is carried out for the organization as a whole.
Reimbursement of mortgage interest to an employee
The methodology is something like this: In January (for example), an employee writes a statement: I ask you to reimburse monthly interest on the loan taken for the purchase. in the amount of 5000 rubles (for example). The manager applies the visa. It would be nice to have this option registered in the TD and/or somewhere else. You will receive a refund starting from the month the application was submitted. In January, payroll (payroll fund) = 150000. 150000*3%=4500. 5000-4500=500 500*13%=65 Personal income tax Next, consider the cumulative total: In February: (Payroll for January+February) = 400,000. 400,000*3% = 12000 5000+5000=10000 in 12000. Therefore, 65 rubles. return. Then, if you again do not fit into the standard, you again withhold personal income tax.
If you have an application, you make calculations every month and pay, because you take into account the % amounts when calculating income tax. Is it possible to take into account expenses when calculating income tax in past periods based on an employee’s application submitted today? The answer is obvious: the train has left.
Calculation of the cost limit
An organization that compensates an employee for paying interest on loans (credits) for the purchase and (or) construction of housing has the right to reduce the income tax base by these amounts.
Indeed, from 2009 to January 1, 2012, for tax accounting purposes, these organization costs are included in labor costs. They are recognized in an amount not exceeding 3% of the total amount of labor costs.
https://www.youtube.com/watch?v=ytcreatorsru
Note. Reimbursement of employee costs for paying interest on loans (credits) for the purchase and (or) construction of housing is a right, not an obligation of the organization.
Let us recall that the organization’s costs in question are taken into account when calculating income tax if two conditions are simultaneously met:
- a loan (credit) was received by an employee for the purchase and (or) construction of housing;
- the cost of paying interest on a loan (credit) is borne directly by the employee himself.
It should be taken into account that in order to apply the norms of clause 24.1 of Art. 255 of the Tax Code of the Russian Federation and recognition for profit tax purposes of amounts paid by the organization to reimburse the specified expenses of employees, it is necessary that the employee initially pays interest on the mortgage loan (loan) at his own expense {amp}lt;1{amp}gt;.
An organization can compensate an employee for these costs and take into account the reimbursement amounts in labor costs, regardless of the period in which the employee paid interest on loans received for the purchase and (or) construction of housing.
Note. To recognize expenses for reimbursement of an employee’s expenses for paying interest on loans (credits) for the purchase and (or) construction of housing, it is necessary to provide for the payment of such compensation in a collective or employment agreement with the employee.
In clause 24.1 of Art. 255 of the Tax Code of the Russian Federation does not indicate where the residential premises purchased or built by the employee should be located (in the territory of the Russian Federation or abroad), as well as from which organization a loan (credit) can be obtained - Russian or foreign.
Thus, the location of housing and the fact of receiving a loan (credit) from a foreign organization do not affect the procedure for recognizing expenses for income tax purposes of amounts that the employer paid to an employee to reimburse his expenses for paying interest on loans (credits) for the purchase or construction of housing .
Let us recall that when calculating income tax, expenses are recognized as justified and documented expenses (and in cases provided for in Article 265 of the Tax Code of the Russian Federation, losses) incurred (incurred) by the taxpayer (clause 1 of Article 252 of the Tax Code of the Russian Federation).
In addition, according to paragraph 1 of Art. 9 of the Federal Law of November 21, 1996 N 129-FZ “On Accounting”, all business transactions carried out by an organization must be documented with supporting documents. They serve as primary accounting documents on the basis of which accounting is conducted.
Note. To recognize reimbursement amounts in the income tax base, it is important that the payment documents confirming the actual payment of interest for the use of borrowed (credit) funds indicate the employee as the payer.
The documents with which an organization can confirm the legality of recognizing in expenses the amounts paid to reimburse the employee’s expenses for paying interest on loans (credits) for the purchase and (or) construction of housing are documents that prove what expenses the employee actually incurred. It can be:
- a copy of the loan agreement;
- copies of receipts confirming the employee’s payment of interest under the loan agreement;
- expense and cash orders, payment orders confirming the fact of reimbursement of interest by the employer;
- an agreement between an employee and an employer to reimburse expenses for paying interest under a loan agreement;
- a copy of a document confirming the intended use of borrowed funds (purchase of housing);
- an employment or collective agreement containing a provision for reimbursement to the employee of specified expenses {amp}lt;1{amp}gt;.
Based on the written application of the employee and the documents submitted by him, the head of the employing organization issues an order to reimburse the employee for relevant expenses.
According to paragraph 4 of Art. 272 of the Tax Code of the Russian Federation, labor costs are taken into account when calculating income tax on a monthly basis based on the amount accrued in accordance with Art. 255 of the Tax Code of the Russian Federation of labor costs. Consequently, the maximum amount of expenses for reimbursement of employee costs for paying interest on loans (credits) for the purchase and (or) construction of housing, taken into account when calculating income tax, must be calculated as a whole for the organization, and not separately for each employee {amp}lt ;2{amp}gt;.
Reference. What premises are considered residential?
An isolated premises is recognized as residential, which is real estate and is suitable for permanent residence of citizens, that is, it meets the established sanitary and technical rules and regulations, and other legal requirements (clause 2 of Art.
15 of the Housing Code). According to Art. 16 of the Housing Code, residential premises include a residential building (part of a residential building), apartment (part of an apartment), and a room. Thus, an organization can take into account in labor costs the amount of reimbursed employee costs for paying interest on loans and borrowings received for the acquisition or construction of residential buildings, apartments, rooms or parts thereof.
When calculating the tax base, profit subject to taxation is determined by the cumulative total from the beginning of the tax period (clause 7 of Article 274 of the Tax Code of the Russian Federation). The tax period for taxes is the calendar year (clause 1 of Article 285 of the Tax Code of the Russian Federation).
This means that in order to calculate income tax, income and expenses should also be calculated on an accrual basis from the beginning of the calendar year. Therefore, in calculating the maximum value of the expenses under consideration, labor costs for the organization as a whole are taken on an accrual basis from the beginning of the calendar year.
Note. Labor costs include any accruals to employees in cash and (or) in kind, incentive payments and allowances, amounts of compensation related to working hours or working conditions, bonuses and one-time incentive accruals, expenses related to the maintenance of these employees, provided for by the standards legislation of the Russian Federation and labor (collective) agreements (Article 255 of the Tax Code of the Russian Federation).
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Example 1. In the employment contract between Imperia LLC and manager V.V. Fedorov provides for reimbursement by the organization of the employee’s expenses for paying interest on loans and credits received for the purpose of purchasing and constructing housing.
At the beginning of September 2010, this employee received a mortgage loan from the bank to purchase an apartment, and at the end of the same month he paid the bank the amount of monthly interest accrued for using the loan funds, which in September amounted to 20,000 rubles.
Imperia LLC reimbursed him for these costs. Salary V.V. Fedorov for September is 50,000 rubles. In general, for the organization, wages for the nine months of 2010 were 1,000,000 rubles. Other payments recognized as labor costs for the purposes of Ch. 25 of the Tax Code of the Russian Federation, the organization did not produce.
Since Empire LLC has the amount of labor costs for the nine months of 2010 equal to 1,000,000 rubles, the organization has the right to include in the reduction of taxable profit the amount paid to reimburse employees for the payment of interest on a mortgage loan in the amount not exceeding 30,000 rubles. (RUB 1,000,000 x 3%).
Consequently, Empire LLC will be able to include the entire amount of compensation paid to V.V. in its labor costs. Fedorov, - 20,000 rubles.
As already mentioned, when calculating the tax base for income tax, income and expenses are calculated on an accrual basis from the beginning of the tax period, therefore, during the calendar year, the maximum amount of expenses for reimbursement of interest on borrowed funds recognized in tax accounting will change.
After all, the amount of labor costs taken into account for tax purposes will increase. This means that during the calendar year the organization needs to recalculate the amount of expenses that were taken into account in the tax base.
Recalculation can be carried out monthly if monthly advance payments are calculated and paid based on the actual profit received, or quarterly if the organization’s reporting periods for income tax are the first quarter, half a year and nine months of the calendar year.
Example 2. LLC “Stolitsa” in 2010 reimburses the costs of paying interest on loans (credits) for the purchase and construction of residential premises for three employees. Moreover, the total amount of expenses for reimbursement of these costs for nine months of 2010
amounted to 200,000 rubles, for the fourth quarter of 2010 - 100,000 rubles. The total amount of labor costs for the nine months of 2010 is 6,000,000 rubles, and for the fourth quarter - 4,000,000 rubles. The reporting periods for income tax for an organization are the first quarter, half a year and nine months of the calendar year.
When calculating income tax for nine months of 2010, Stolitsa LLC has the right to recognize expenses for reimbursement of employee expenses for interest payments in the amount of no more than 3% of the total labor costs for nine months, determined on an accrual basis from the beginning of 2010 .
At the end of 2010, the company has the right to recalculate the amount of reimbursement of employee expenses for interest payments, recognized when calculating income tax. The maximum amount of expenses for the year will be 300,000 rubles. [(RUB 6,000,000 RUB 4,000,000) x 3%].
Mortgage interest compensation in 2020
- an apartment that was purchased with borrowed funds (or a house built under a mortgage program) is the only place of registration of the applicant (this is evidenced by a stamp in the passport);
- part of the mortgage interest that was previously paid by the applicant can be included in the personal income tax deduction for 10 years from the date of purchase of the home or construction of the house (from the date of transfer of ownership rights to the taxpayer).
Ordinary citizens in Russia cannot save up for an apartment - wages in most cases do not even allow them to rent housing, let alone purchase it and register it as their property. People have to wait in line for apartments under a social tenancy agreement for decades. Families have no choice but to take out a mortgage, but payments on mortgage loans turn out to be unaffordable for Russians, even if both spouses repay the loan. However, the country has one program - to subsidize the interest rate - which simplifies the task of repaying a housing loan and provides at least some families with the opportunity to purchase housing. Let's find out how mortgage interest compensation works in 2021.
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Is it possible to return the tax and how to do it?
The Tax Code of the Russian Federation regulates the receipt of a tax refund for mortgage interest in the amount of 13% at a time or annually, but the amount should not exceed 390 thousand rubles. The borrower has the right to a tax refund on interest paid on the mortgage of only one property and if the transaction is executed on the territory of the Russian Federation. The tax base is RUB 3,000,000. (Article 220 of the Tax Code of the Russian Federation, clause 8). The property deduction has no statute of limitations; it can be obtained several years after the purchase of residential property.
With any choice of processing a refund from the state (through the tax authority or employer), the borrower must pay for the property and register ownership, in the case of purchasing a primary home - a transfer and acceptance certificate.
You can apply for a deduction not only from a mortgage, but also from any other loan (credit), if it was purposefully spent on purchasing a home. The main condition in this case is the mandatory indication in the contract that the borrowed funds are issued for the purchase or construction of housing.
It should be taken into account that if residential real estate is acquired as shared ownership by spouses, then the tax deduction will be distributed accordingly to each family member. By general agreement, one family member can receive a tax refund. This is usually done in order to quickly receive a deduction depending on the highest earnings of one of the family members. Each of the selected options has its own pros and cons; we will analyze each of them in detail.
Employee compensation for mortgage interest
Good afternoon Please answer the following questions: is it possible for an employer to compensate an employee for mortgage interest payments? If yes, what documents are needed, payment mechanism, taxation of compensation and contributions. Is this beneficial for an enterprise using the simplified tax system for income? In this case, does the employee lose the right to a personal income tax deduction for the amount of interest paid?
The amount of compensation for mortgage interest can be recognized as expenses in an amount not exceeding 3% of the amount of labor costs (clause 24.1 of Article 255 of the Tax Code of the Russian Federation). The percentage is determined as a whole for the organization. Income tax must be imposed on the portion exceeding this 3%. In the ZUP it makes sense to reflect only the taxable part of the compensation so that it is reflected in the 2-NDFL and 6-NDFL reports. Compensation is not fully subject to insurance premiums. The accrual of such amounts in the ZUP can be carried out using the document “Accrual of other income”. The employee's right to deduction is lost.
Step-by-step instructions: how is the deduction returned through the employer?
A tax refund for mortgage interest through an employer will have the following algorithm:
- First, the taxpayer needs to prepare an appropriate application for a refund of the overpaid amount of tax.
If the employee has not previously confirmed his right to receive a property deduction, then he will also need to provide a corresponding notification from the tax authority. The form of this document was approved by Order of the Federal Tax Service of the Russian Federation dated January 14, 2015 No. ММВ-7-11/ [email protected] - Having collected a package of papers, the employee should submit it to the accounting department of the employing organization.
- Next, you will have to wait until the end of the period of time allotted by law for consideration of such an application.
- After the expiration of the established period, the amount of overpaid personal income tax on mortgage interest will be credited to the applicant’s current account (Part 4, Clause 1, Article 231 of the Tax Code of the Russian Federation).
Read more about how to get a deduction for mortgage interest, about the procedure and features of the return procedure here.
Terms of consideration, receipt of payments and expenses
In accordance with Part 3, Clause 1, Article 231 of the Tax Code of the Russian Federation, the tax agent (employer) is obliged to return the overpaid amount of tax within 3 months from the date the employee submits the corresponding application.
As a general rule, money from the budget must first go to the employer’s account, and then to the taxpayer. However, according to Part 9, Clause 1, Article 231 of the Tax Code of the Russian Federation, an organization can, at its own expense, repay the state’s debt to an employee, and in the future it will be compensated for this. In this case, the time frame for returning personal income tax will be much shorter. When returning tax through an employer, the applicant will not incur any costs.
Pros and cons of the option
The main advantages of receiving tax payments on mortgage interest through an employer include:
- No need to prepare and submit personal income tax.
- There is no need to go to the Federal Tax Service to issue a refund. All this can be done right at your workplace.
- You don't have to wait until the end of the year to receive your over-withheld tax.
At the same time, this option is not without certain disadvantages, which include:
- Inability to immediately receive the entire amount for the entire year. Typically payments are made for individual months.
- Long waiting period (unless the employer decides to compensate for the overpayment of personal income tax at his own expense).
There are other helpful articles on this site about tax refunds on mortgage interest. Find out whether it is possible to return mortgage interest when refinancing, with joint and shared ownership, as well as when repaying a mortgage loan early.
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0:15 Mortgage deduction refers to property tax deduction. 0:37 Main questions that we will consider 0:48 Concept of Property deduction 1:30 Amount to be returned when buying an apartment 2:15 Will money be returned from a consumer loan? 2:33 Repeated property deduction since 2014 3:55 Sequence of filing a deduction when buying real estate on credit 4:26 Calculating the amount to be repaid on a mortgage loan 6:34 Procedure for filing a personal income tax refund on a mortgage 8:40 Receive a deduction at work 9:35 Documents to fill out the 3-NDFL tax return and much more.
Here are the links discussed in the video: 1. Refunds when purchasing land https://www.youtube.com/watch?v=le5M2. 2. How many times can you get a tax deduction when buying an apartment: https://www.youtube.com/watch?v=Fqw18. 3. Receiving a deduction from the employer: https://www.youtube.com/watch?v=BLHzn. 4. Documents for obtaining a property deduction when purchasing an apartment https://www.youtube.com/watch?v=kutuj. 5. Filling out the 3-NDFL declaration: https://www.nalog-prosto.ru/kontakty/
Procedure for obtaining compensation for 13 percent on a mortgage
Both spouses have the opportunity to receive compensation payments, regardless of who the loan was registered for. Thus, with shared ownership, distribution will occur in proportion to each person's share.
Compensation for interest on mortgages worries many Russians. Housing prices have not fallen and are not going to do so; the opposite situation is happening with wages - they are not increasing. For these reasons, the population is forced to resort to a mortgage loan to purchase their own square meters. The main burden of a home loan is paying interest. If you look at the calculations of the monthly payment, you can see that the lion's share of the amount goes precisely to paying off these very interests. At the same time, no one has canceled the need to liquidate the main loan.
Tax Benefits of Workers' Compensation Mortgage Interest
In the same period, amounts transferred by the organization to the bank to reimburse part of the costs of its employees in paying interest on loans for the purchase or construction of residential premises are exempt from personal income tax in an amount not exceeding the same 3 percent of the amount of labor costs.
In a situation where, in accordance with a collective agreement, an organization pays half the amount of interest on loans received by employees of the organization for the purchase or construction of housing, and the employee himself enters into a loan agreement with the bank and an agreement with the organization to repay part of the interest by transferring it to the bank by bank transfer, from January 1, 2009 to January 1, 2012, an organization can take into account such reimbursement expenses when taxing profits (but in the amount of no more than 3 percent of the amount of labor costs for the organization as a whole).
Insurance premiums for the amount of “mortgage” compensation to workers
Art. 422 of the Tax Code of the Russian Federation contains an unambiguous wording, according to which the entire amount of amounts paid by the employer as compensation for interest on mortgage loans is not subject to insurance premiums. Thus, there are no restrictions either on the amounts or on the volumetric ratio with the ROT. No matter how much funds the employer transfers, if they are used as reimbursement of interest on a loan for the purchase or construction of housing, and have the necessary documentary evidence, no insurance premiums need to be paid for them.
The situation is similar with insurance for injuries. Federal Law No. 125 “On compulsory social insurance against accidents at work and occupational diseases” directly indicates this in Art. 20.2.
Compensation of mortgage interest by employer
Whether or not to take out insurance is a personal choice for each borrower. Most clients refuse it because it is very expensive and results in a large overpayment on the loan. However, as we can see, in some situations, taking out insurance is justified and worth the money spent.
So, we found out what to do if you have nothing to pay the loan, and what actions it is better not to take if such a situation arises. Now let's move on to the question of how not to pay the bank for a loan using legal methods, or at least how to get a significant deferment in payment.
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How does an employer compensate an employee for mortgage interest?
After receiving the resolution, the total amount of payments for interest on the mortgage taken for the construction or purchase of individual residential premises is calculated. The concept of “residential premises” is also prescribed by law and requires documentary confirmation when the company issues compensation.
- expressed in kind and/or monetary terms;
- various incentive payments, for example, for exceeding the set plan, for overtime in case of production necessity;
- compensation that is associated with difficult and dangerous working conditions, as well as harmful ones;
- different types of awards;
- one-time payments in the form of incentives;
- expenses incurred by the company in maintaining the employee himself.
Compensation for employee mortgage interest
Previously, the Ministry of Finance repeatedly reported about this (letters dated 09/19/11 No. 03−04−05/6−669, dated 09/16/11 No. 03−03−06/1/555). And in letter No. 03−04−05/9−1059 dated 12/19/11 the opposite is reported: compensation for employees for mortgage interest will not be subject to taxation. Federal Law No. 330-FZ dated November 21, 2011 removed these restrictions, therefore, the benefits are now valid indefinitely.
The personal income tax exemption for mortgages for workers' compensation has been extended indefinitely.
If the residential premises are registered as common joint or common shared ownership
It happens that a housing purchase and sale agreement, a certificate of state registration of ownership of real estate, a credit agreement (loan agreement) are executed in the name of both spouses, and one of them works in the organization and the other does not.
In the situation under consideration, the organization has the right to reimburse the employee - one of the spouses - for the cost of paying interest on a loan received for the purpose of purchasing and (or) constructing housing in the full amount (subject to the limitation in accordance with clause 24.1 of Article 255 of the Tax Code of the Russian Federation).
But only if this employee provides documents confirming the actual payment of interest on the loan {amp}lt;3{amp}gt;. After all, a necessary condition for recognizing in tax accounting the costs of reimbursing an employee for these costs is documentary evidence that these costs were actually incurred by him.
Let us note that the organization has the right to include compensation amounts in labor costs even in the case where a loan (credit) agreement for the purchase of housing is executed in the name of an employee, but the housing is purchased in common joint or common shared ownership with the employee’s spouse {amp} lt;4{amp}gt;.
Consequently, the amounts accrued to the employee to reimburse the costs incurred to pay interest on loans (credits) for the purchase and (or) construction of housing can be recognized as labor costs if the ownership of the residential premises belongs to the specified employee alone or jointly with his wife (husband).
Note. The right of common joint ownership arises from the moment of its state registration in the Unified State Register of Rights to Real Estate and Transactions with It. The basis is Art. Art.
131 and 244 of the Civil Code of the Russian Federation, art. 24 of the Federal Law of July 21, 1997 N 122-FZ, clause 74 of the Rules for maintaining the Unified State Register of Rights to Real Estate and Transactions with It, approved by the Decree of the Government of the Russian Federation of February 18.
We invite you to familiarize yourself with: Taxation during assignment of the usn
Compensation for employee mortgage interest
If an employee pays interest on a mortgage loan, then from this year it is beneficial for both the employer and the borrower himself that the employer reimburses these costs by proportionally reducing the salary. The company saves on the unified social tax, which is not charged for this type of compensation (subclause 17, clause 1, article 238 of the Tax Code of the Russian Federation). At the same time, just like wages, the amount of compensation for housing loans and credits is included in labor costs (clause 24.1 of Article 255 of the Tax Code of the Russian Federation).
Of course, the decision to compensate interest on loans should not look like a substitution of wages. The easiest way to do this is if the employee’s salary consists of two parts: a constant in the form of a salary and a variable, such as a bonus. Then it is better to reduce the bonus, not the salary.
Return of the deduction when buying a home on a mortgage loan
The possibility of returning personal income tax for paid interest on a mortgage is written in the Tax Code of the Russian Federation (TC RF). Thus, according to paragraph 4 of paragraph 1 of Article 220, the taxpayer has the right to take advantage of a property deduction equal to the amount of expenses that he incurred to pay interest when purchasing a mortgaged home.
Important! It is worth keeping in mind that the maximum amount by which the tax base can be reduced in accordance with this provision of the law should not exceed 3,000,000 rubles (clause 4 of Article 220 of the Tax Code of the Russian Federation). At the same time, the taxpayer must have documents confirming the legality of using this opportunity.
We talked about in what cases and who can claim a refund on mortgage interest and other nuances of the procedure here.
Through the employer
In practice, sometimes situations occur when an employer withholds personal income tax from his employee’s income without taking into account the property deduction (for example, an individual submitted an application too late, for some reason they forgot to take the paper into account when withholding mandatory payments, etc.).
In this case, the overpaid amount can be returned through the accounting department of the employing organization. This possibility is provided for in Part 6, Clause 8, Art. 220 and Art. 231 Tax Code of the Russian Federation.
Reimbursement through the Federal Tax Service
The taxpayer can wait until the end of the billing period and contact the Federal Tax Service directly for a refund of the total amount of overpaid tax. In this case, the excessively withheld personal income tax will be transferred to the applicant to the specified bank account. To use this option, you must wait until the end of the tax period, which means 1 calendar year (Article 216 of the Tax Code of the Russian Federation).
Mortgage interest compensation
- information on the number of employees;
- certificate of average salary for the enterprise;
- certificate of absence of arrears of wages and social benefits;
- a notarized copy of the loan agreement;
- calculation of compensation;
- extract from the Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs;
- tax returns for the reporting year confirming the fulfillment of tax obligations.
Compensation at the expense of the employer is issued by the Department of Investments and Entrepreneurship, upon application by the employer’s representative. In this manner, the borrower can return 13% of the interest amount already paid.
