Is it possible to issue dividends in cash from the cash register 2021

How to pay dividends to LLC founders in 2021

The decision that dividends will be paid is made at the general meeting of founders.
Accordingly, after it has been carried out, a protocol must be drawn up (in two copies), which must indicate the following information: In the case of payments to a single founder (as well as for a situation with several founders), insurance premiums are not paid, since they are not considered as wages pay. At the same time, the procedure itself is much simpler, since the sole founder can independently make the appropriate decision on distribution and then make the payment. He will receive net profit in full (minus taxes), since his share in the authorized capital is 100%.

How can a founder withdraw profits from an LLC: dividends - Elba

When it is necessary to withdraw profits from a business, the owner can resort to a variety of tricks, sometimes not entirely legal. But those entrepreneurs who do not want problems with the law or do not have access to cash-out companies ask a lot of questions about how they can legally get money from their LLC.

Why can't you just take the money and spend it?

Every expense of the company must be justified and supported by documents. You, as a founder, do not have the right to take the organization’s money for personal needs, because you are not their owner (yes, even though you are the owner of the company). The property of an organization is separate from the property of its founder.

You can borrow company money for three reasons:

For reporting - for example, if you want to purchase something for your company in cash;
Loan - it will have to be returned to the company;
Dividends are your income from the activities of the organization, which you can dispose of as you wish.

We will dwell on dividends in more detail, but we will not consider loans and issuance of money for reporting purposes, because they are repayable and are not considered income.

Elba will prepare accounting reports for the LLC. The service is simple: you don’t need to know the postings and accounting rules. Tax reports and reports for employees will also be generated automatically.

How often can dividends be paid?

How often an organization can distribute dividends is determined in its charter. According to the law, this can be done no more often than once a quarter . It is safer to pay dividends based on the results of the year, because... only then can the final net profit be calculated.

Example

Let's say that you received good income during the quarter and paid dividends from the net profit. Then, at the end of the year, the profit turned out to be less.

Payment of dividends will be reclassified as remuneration to an individual, and you will have to pay all insurance premiums and resubmit related reporting to the Funds.

Therefore, you can pay quarterly profits only if you are confident in the stability of your income.

When you can't pay dividends

Before deciding to pay dividends, you need to check whether there is net profit and whether restrictions established by law have been violated. Dividends cannot be paid if:

the authorized capital has not been fully paid;
the company did not pay the cost of the share in certain cases;
the company at this moment meets the signs of bankruptcy or after paying dividends may become so;
the value of net assets is less than the authorized and reserve capital or will become less after the payment of dividends;
According to accounting data, there is an uncovered loss.

In order to make sure that everything is in order, you need to keep accounting, close periods (all documents and numbers on the accounting accounts must be in order - this is an accounting trick) and draw up financial statements at the end of the year.

We calculate net assets and determine the amount of dividends

The organization has the right to pay dividends if the value of net assets exceeds the authorized capital. You know the authorized capital, all that remains is to calculate the value of net assets and compare these indicators.

Net assets are determined according to accounting data - since 2013, all organizations are required to maintain it. We have already told you how to properly conduct accounting using the simplified tax system. If you do not understand accounting, you can contact an accountant or get free advice from accounting experts in Elbe. Financial statements will confirm the correctness of dividend calculations.

So, let’s calculate net assets: to the balance sheet line “Capital and reserves” we add gratuitous receipts and government assistance (if there were any, we take the balance under the credit of account 98 “Deferred income”).

If the resulting net asset value is less than your authorized capital, then you should return to paying dividends later, when the financial position of the company improves.

The amount of dividends that you can pay is the amount in the balance sheet line “Capital and reserves” minus your authorized capital. You can use all of this amount or only part of it to pay dividends.

We decide on the payment of dividends

After you are convinced that the company has made a profit based on the results of the period and has the right to pay dividends, a general meeting of the founders is held.

It approves the financial statements, makes a decision on the distribution of profits and determines the period for paying dividends. Profit is distributed in proportion to the founders' shares in the authorized capital.

To calculate dividends for each founder, you need to multiply the distributed profit by his share in the authorized capital as a percentage. The results of the meeting are documented in minutes. Protocol template

If you are the only founder, you can simply make a decision on the distribution of profits, and based on this decision, pay dividends. Profit distribution decision template

The period for paying dividends should not exceed 60 days from the date of the decision. The term can be changed downward at a meeting of founders or fixed in the organization’s charter.

We pay dividends and withhold personal income tax

Within the period determined by the founders, dividends must be paid from the current account or from the cash register of the LLC and personal income tax must be withheld. For residents of the Russian Federation (those who stay in Russia for more than 183 days within 12 months), the personal income tax rate is 13%, and for non-residents - 15%.

Personal income tax must be transferred to the state budget no later than the day following the payment of dividends. Don’t forget to include information about the amounts paid and tax in the quarterly 6-NDFL report and the annual 2-NDFL report.

Insurance premiums are not charged .

The article is current as of May 15, 2019

Payment of dividends in cash from the cash register to

Then, if the founders decide to pay dividends, it will be necessary to take into account the amounts received by them interim during the year. The following payments made by the owners are not considered dividends:

TARAKANOV Sergey Aleksandrovich Advisor to the State Civil Service of the Russian Federation, 2nd class “In my opinion, the payment of dividends to shareholders in cash is not covered by the disposition of Part 1 of Art. 15.1 Code of Administrative Offenses of the Russian Federation.” *** As we see, JSCs should not be held accountable under either one or the other article of the Code of Administrative Offenses of the Russian Federation, especially under both articles at once.

The procedure for paying dividends to LLC in 2021

Reportable when something is purchased for cash for an organization.
A loan that is necessarily repaid to the company.
Dividends are income from the activities of the enterprise and can be spent at your discretion.

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

Where to invest money in 2021 so as not to lose

A good investment option is buying a small apartment, which is easiest to rent out. The price of such objects is only growing; they can be sold the fastest if you need to get cash. The benefit from two or three small apartments is greater than from one with a large area.

The risk that an object of art will depreciate is small. But at the same time there are a number of disadvantages. Firstly, even at famous auctions you can find fakes. Moreover, no one is immune from this if the purchase is made privately. Secondly, such an investment does not bring any intermediate income, and you can wait a very long time for its price to rise.

26 Jun 2021 stopurist 3790

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Payment of dividends from the cash register

The creation of a system of compulsory insurance of bank deposits of individuals (CDI) is a special state program. It is implemented in accordance with the Federal Law “On Insurance of Individuals’ Deposits in Banks of the Russian Federation” No. 177-FZ of December 23, 2003.

Despite the fact that the frequency of paying interest on profits is limited to quarterly, there is a legal way to receive revenue on a monthly basis: to do this, you need to divide the amount of assets in equal shares and pay it once a month.

Procedure for paying dividends to LLC founders in 2021

However, before making a decision, it is worth considering that the period for paying dividends in an LLC is only 60 calendar days from the date of the meeting. To avoid misunderstandings, you can also indicate specific (smaller) deadlines in the company’s charter. If they are violated, the founders have every right to go to court. Moreover, the period during which they can do this is quite long:

Since dividends are one of the types of income, government bodies represented by fiscal services carefully ensure that the payment does not violate laws and does not infringe on the interests of the state in the form of unpaid taxes.

Payment of dividends to LLC founders in 2021

If the founders (individuals) receive dividends in non-cash or cash form (through the cash register), then personal income tax is withheld from these amounts (last year it was 13%, and for non-resident founders - 15%). When the participants/founders are legal entities, they are required to pay income tax on the dividends received. It does not matter under what taxation regime you carry out commercial activities.

It is the factor of legislative regulation of the order of distribution of the net profit of an enterprise that often plays a decisive role for beginning entrepreneurs when choosing a legal form for their business. Having weighed all the arguments, they go to the tax office at the place of registration and write an application to receive documents of an individual entrepreneur. Most businessmen perceive interference in their business activities very negatively. They don’t understand why someone should dictate terms to them on how to manage their honestly earned money.

Where to invest money in 2021 so as not to lose

A reliable method to save money is to invest in precious metals, in particular gold. Metals are purchased in the form of ingots, which are stored in banking institutions. The cost of the metal forms a special account. The price of the metal may fluctuate, but overall there is a reliable return on investment from this type of investment. If transactions with metal are made in an impersonal form, then VAT is not charged. Otherwise the tax is 18%.

Also read: What problems do large families face in St. Petersburg in 2021?

Most members of society are completely ignorant of politics. They do not care at all about the economic processes taking place in the country, and even more so they do not want to delve into the intricacies of public administration. They are interested in only one question: how to optimally manage their money during a crisis.

How to pay dividends to LLC founders in 2021

The owners have the opportunity to earn income through participation in the company’s activities, and the procedure for paying dividends to the founders of the LLC is initiated. In order to start listing them, you must follow the instructions.

If you plan to transfer cash that was deposited in the company's cash desk and is not net profit documented according to documents.
The person wishing to receive dividends is no longer the founder of the enterprise, and the contribution he paid has already been returned earlier.
Taxes were not calculated or withheld from the amount paid.

Is there a maximum period for issuing money for reporting?

The law does not prohibit giving money to accountants not only for a few days or months, but also for several years. At the same time, it is worth understanding that excessively long periods of time for funds to remain with the accountable must be justified by production necessity, and the funds themselves must be spent on targeted expenses. Otherwise, there may be a risk that regulatory authorities will reclassify accountable amounts as income or an interest-free loan, which entails the need to withhold personal income tax from income (or material benefits).

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IMPORTANT! All organizational issues relating to the procedure for issuing and returning accountable funds should be fixed only in orders, but not in accounting policies. Otherwise, changing this procedure if necessary will be problematic (Clause 6, Article 8 of the Law “On Accounting” dated December 6, 2011 No. 402-FZ).

What does a JSC face for paying dividends from the cash register?

Firstly, in the payment of dividends in cash, inspectors (territorial bodies of the Central Bank of the Russian Federation) may see the company as preventing the shareholder from exercising the rights certified by securities. That is, his rights to receive dividends by non-cash method. Meanwhile, shares in themselves certify the right to receive dividends without any reservation on the method of their payment. And since the shareholder received them in cash, it means that this method of payment suited him. Therefore, his rights are not violated. And complaints on his part are unlikely. But it is better to pay dividends in accordance with the letter of the law. After all, the fine for an organization is no less than 500-700 thousand rubles. The statute of limitations for prosecution is 1 year.

Is it possible to pay dividends from the company's cash register?

But even if LLC participants decide to pay cash dividends from proceeds, they need to consider the following. A number of restrictions have been established regarding the expenditure of cash proceeds from the organization's cash desk. The list of purposes for which funds from the cash register can be spent is given in paragraph 2 of the instruction of the Central Bank of the Russian Federation dated October 7, 2021 No. 3073-U. The payment of dividends is not mentioned in it.

Is it possible to pay dividends for previous years?

It's no secret that correctly made investments are the key to a free life that will bring a stable monthly income. But how to figure out what is the best thing to invest money in in 2021 in order to get excellent results and live comfortably the remaining days of your life?

The decision to pay dividends is an administrative document for the director of the organization, who must issue an order for the execution of this decision by his subordinates. The sample order for the payment of dividends contains information about the amount of dividends in rubles. The timing of the payment of dividends in a year in a joint stock company JSC is determined in accordance with clause. The timing of the payment of dividends of an LLC after the decision is made, in accordance with clause. If the period for transferring dividends established by the decision exceeds the legally established period of 60 days, it is recommended to approve a schedule for paying dividends in the year. Tax on dividends is transferred to the budget no later than the next day after payment is made. According to the instructions for using the chart of accounts approved. By order of the Ministry of Finance of the Russian Federation dated

Does your company index wages? Yes, my employer indexes employee benefits annually or more frequently. Our salaries increase, but not regularly, but at the discretion of management. No, wages in our company are not indexed. I am an entrepreneur and pay my own salary. We are preparing for the transition to electronic personnel document management All events. Partner offers. Training for users of 1C products. Login Stay logged in Forgot your password?

Payment of dividends in cash from the cash desk in 2021

For clarity, we provide step-by-step instructions for paying dividends in a year. Our algorithm will be useful for the chief accountant; there are links to all the necessary documents and tax calculations. The source of payment is the company's profit after tax. Cases when an organization cannot make a decision on the distribution of profits between participants or shareholders are specified for an LLC in Article 29 of the Federal Law dated. To avoid claims, we advise you to draw up a certificate on the day the decision is made confirming that there are no restrictions on the distribution of profits.

The time period for payments of this kind can be either equal to or less than a calendar year (for example, 3 or 6 months), but in the latter case, the final annual amount of dividends must necessarily take into account all interim amounts received. The meeting of the founder of the LLP (resident, the only founder, not an employee of this LLP) dated 09/01/14 made a decision on the distribution of part of the profit for 2021. Over the previous 5 years, the profit was not distributed. It is impossible to pay this amount at once. Is it possible to make a monthly decision to pay a certain amount and issue several consumables from the cash register? Does the LLP need to show the payment of dividends in the Declaration 200.00, if so, in which application and line?

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That is, his rights to receive dividends by non-cash method. Meanwhile, shares in themselves certify the right to receive dividends without any reservation on the method of their payment. And since the shareholder received them in cash, it means that this method of payment suited him. Therefore, his rights are not violated. And complaints on his part are unlikely. But it is better to pay dividends in accordance with the letter of the law.

What are dividends and how are they paid in 2021?

Dividends mean part of the net profit that the company received. By decision of the legal entity, payments are made in proportions depending on the share of the contribution to the authorized capital of the company. The company's articles of association determine the method of distribution. In this case, personal income tax will be deducted from payments.

Let's say that you received good income during the quarter and paid dividends from the net profit. Then, at the end of the year, the profit turned out to be less. Payment of dividends will be reclassified as remuneration to an individual, and you will have to pay all insurance premiums and resubmit related reporting to the Funds.

All his debts will need to be taken into account and the organization must put forward counterclaims to the founder. If the founder's debt is greater than/equal to the amount of dividends, then the company has the right to refuse to pay him. That is, the organization in this situation receives an installment plan to pay income tax. In accordance with the provisions of Federal Law dated 02/08/98 No. 14 FZ “On Limited Liability Companies”, remuneration of participants based on the results of the company’s work is made by paying dividends. The organization's charter specifies shares, frequency and types of payments, and the procedure for their execution.

The issue of disproportionate distribution of profits

The charter of Torgovaya LLC stipulates that the organization pays dividends quarterly. For the second quarter, the organization’s net profit amounted to 50,000 rubles. At the general meeting of participants, which took place in July, it was decided to use this entire amount to pay dividends. The decision was made unanimously.

All intentions must be made in writing. A sample decision on the payment of dividends to the sole founder is not unified; it can be found here. The structure of the document must correspond to the requirements of the company’s internal regulations; it is recommended to reflect the following data:. The payment period cannot exceed 60 days from the date of the decision to pay p. When the decision on the protocol on the payment of dividends to the sole founder is drawn up, an order is issued for the accrual and transfer of funds.

Payment of dividends through the cash register in 2021

Payment of dividends to a legal entity is carried out according to the same rules, there are only features related to income tax. Thus, the payment of dividends to a legal entity in 2021 is accompanied by a tax transfer to the budget in the amount of 0 to 13%, while personal income tax is always 13%. For foreign citizens and organizations, the personal income tax and income tax rate is 15%. Taxation of dividends to a legal entity in 2021 depends on a number of conditions. To get a 0% rate, you need to have at least 50% of the authorized capital, and own this share for not more than 365 days.

Rule one: only from net profit (after the company has paid taxes).
Rule two: do not issue dividends if there is a fact or risk of bankruptcy, the price of net assets does not exceed the authorized capital, or there are debts to retired members of the company. In order to accrue and pay dividends to the founders, the authorized capital of the company must be paid in full.
Rule three: before paying dividends, you must withhold and then transfer income tax or personal income tax to the budget.
Rule four: in order to pay dividends for the founders of the LLC, there must be no recorded uncovered loss in the financial statements.

Cash settlement limit between legal entities in 2020

Cash payments between legal entities in 2021 are limited by a limit. This is the maximum amount of money in which cash payments can be made between legal entities and individual entrepreneurs. What you cannot spend cash proceeds on, see the article >>>

The company pays dividends based on the minutes of the founders' meeting. Since the cash settlement limit applies only to settlements between counterparties within the framework of an agreement concluded between them, we can conclude that this rule does not apply to the payment of dividends.

08 Feb 2021 juristsib 2712

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The procedure for paying dividends to founders of an LLC in 2021

If there are several participants, the distribution will most often be proportional to the share of the contribution to the management company. The amount of dividends per person is determined by multiplying the total amount allocated for distribution by the percentage reflecting the share of participation.

full payment of the management company;
full payment of his share to the retiring participant;
excess of net assets over the amount of the capital and reserve fund, including after the issuance of dividends;
absence of signs of bankruptcy, including after the issuance of dividends.

Procedure for distribution and payment of dividends

The source of dividends is the profit of the joint-stock company, on which all taxes have already been paid. That is, net profit is taken into account. Its size should not contradict the financial statements. There is a special form of dividends - on preferred securities. Funds for them can be accumulated from special funds of the joint-stock company.

Profit is calculated only after all taxes have been paid. Participants receive funds in proportion to their share in the authorized capital. The larger this share, the larger the dividends will be. The scope of this concept also includes money that was received in foreign countries, if in the legislation of the latter this income is considered dividends.

Payment of dividends to LLC founders: foundations in 2021, tax rate, step-by-step instructions

In addition, the owners must decide whether to pay all or any part of the net profit as dividends. Another issue that needs to be resolved at the meeting is how to distribute profits among participants. This can be done in proportion to the available shares, or according to some algorithm (it must be recorded in the Charter).

The company can make payments to its founders when carrying out activities that result in a positive financial result. It can be determined intermediately based on data from interim financial statements, that is, for 1 quarter, half a year, 9 months.

How much dividends can Norilsk Nickel pay in 2021: expert forecasts

Information about planned dividend payments is forecast, formed on the basis of the expert opinion of the author. The final decision on the timing of payment and the amount of Norilsk Nickel dividends is announced at the General Meeting of Shareholders of the company. Norilsk Nickel's 2021 dividend forecast is based on a study of the company's 2021 results and other related news.

Norilsk Nickel will pay annual dividends in the amount of 1,479 rubles in 2021. per ordinary share. Most likely, 60% of EBITDA for the reporting period will be allocated for these purposes. Shareholders will be able to receive money in the summer and winter of 2021.

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But in the real world, stocks are constantly changing in price, there are periods of failures and corrections, as well as rapid recovery. And this is where the power of dividends comes into play: the ability to buy stocks on the decline leads to a significant difference in expected capital - $71,649 in a dividend strategy versus $61,200 in a pure growth strategy.

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In an ideal world, where the price of growth stocks grows steadily year after year without drawdowns, and the price of dividend stocks is static for all 20 years, the result would be the same. The $10,000 invested would have turned into $61,159 in both cases.

Can a JSC pay dividends through a cash desk?

Dividends are paid to persons who were owners of shares of the corresponding category (type) or persons exercising rights under these shares in accordance with federal laws, at the end of the operating day of the date on which, in accordance with the decision on the payment of dividends, persons entitled to receive them are determined (Clause 7, Article 42 of Law No. 208-FZ).

Persons who have the right to receive dividends and whose rights to shares are accounted for by the nominal holder of shares receive dividends in cash in the manner established by the legislation of the Russian Federation on securities. A nominee holder to whom dividends were transferred and who did not fulfill the obligation to transfer them established by the legislation of the Russian Federation on securities, for reasons beyond his control, is obliged to return them to the company within 10 days after the expiration of one month from the date of expiration of the dividend payment period.

Restrictions on dividend payments

Quarterly and semi-annual distributions will be considered interim. The payment of such dividends is assessed accordingly. If at the end of the tax period (year) it turns out that dividends on it can be distributed in a smaller amount than has already been done, this will entail the attribution of excess payments to ordinary income and the need to additionally charge insurance contributions to funds that do not pay dividends. accrue.

Interesting read: Car auction from bailiffs

How is the payment decision made?

From the amount of accrued income, personal income tax (for an individual) or income tax (for a legal entity) must be withheld. For the calculation, a rate of 13% is used for residents (clause 1 of Article 224 and subclause 2 of clause 3 of Article 284 of the Tax Code of the Russian Federation) and 15% for non-residents (clause 3 of Article 224 and subclause 3 of clause 3 of Article 284 Tax Code of the Russian Federation). The question of paying tax when paying dividends to a legal entity arises regardless of what taxation regime is applied by the organization that decided to issue them.

1. The parties partially terminate by offset the following obligations to each other: - obligation of Ivanov I.I. for the return of Stroysam LLC the amount of unspent advance in the amount of 600,000 rubles received for reporting on 12/01/2021; - obligation of Stroysam LLC to Ivanov I.I. for payment of dividends in the amount of RUB 500,000. based on the Minutes of the General Meeting of Participants No. 1 dated 02/01/2021.

Please note that if a participant contacted the LLC with a demand for payment of dividends, then the provisions on non-demand are no longer applicable. In this case, after the expiration of the limitation period, the amount of debt on dividends should be included in tax accounting in non-operating income, and in accounting - in other income (debit of account 75-2 - credit of account 91-1) clause 18 of Art. 250 Tax Code of the Russian Federation; Letter of the Ministry of Finance dated March 21, 2021 No. 03-03-06/1/15735. Regarding personal income tax, there are no consequences.

One profit, but several solutions

Companies have the right to distribute profits no more often than quarterly according to clause 1 of Art. 28 Law No. 14-FZ; clause 1 art. 42 of the Law of December 26, 1995 No. 208-FZ; Determination of the Supreme Court dated July 12, 2021 No. 306-KG16-8176. Therefore, in order to distribute profits taking into account dividends received, you need to wait until the end of the quarter in which they were received and sum up its financial results. For clarity, we present accounting entries.

Personal income tax is transferred to the budget by tax agents - organizations that pay dividends. They also report on personal income tax. The tax payment deadline is no later than the day following the day of payment of dividends (clause 6 of Article 226 of the Tax Code of the Russian Federation). Information about this must be included in 2-NDFL with attribute 1 (tax was withheld). The certificate is submitted to the Federal Tax Service no later than April 1 of the year following the year of payment. This is a general rule that applies to the payment of income in cash. Dividends paid must also be reflected in Form 6-NDFL.

When the payment period is not determined by the charter or decision of the general meeting, it is considered equal to 60 days from the date of adoption of the relevant decision. If dividends are not paid within this period, the LLC participant has the right to appeal to the company with a demand for their payment within three years. After 3 years, unclaimed dividends are restored to retained earnings.

Dividend payment procedure

It is not possible to pay dividends more than once a quarter. The frequency of payment is established in clause 1 of Art. 28 of the Federal Law of 02/08/1998 No. 14-FZ. Dividends can be paid at the end of the year, half a year or quarter. The frequency may depend on the size of the organization. As a rule, the smaller the organization, the more frequent the payments. Moreover, according to the decision of the company, there may be no payments at all.

Payment of dividends occurs according to the decision of the persons involved in the company. Based on an analysis of the current financial situation, participants can decide to pay all or any part of their income as dividends. The law also gives the founders the right to direct income to other purposes (for example, the purchase of additional equipment or other activities that contribute to the development of the business) or to leave profits undistributed this year to increase the size of dividends next year.