As you know, the main goal of any commercial organization is profit making. This is not so much about the operating income of the company itself, but about the personal income of its founders and participants, which can be received in the form of dividends. Moreover, to receive not only once a year, but also once every six months or quarterly. When is it possible and when not to charge and pay interim dividends? How to make such a payment? What consequences threaten the organization and recipients of interim dividends if the company has a loss at the end of the year? The answers to these and other questions on interim dividends are in our today's article.

Profit distribution rules

Thus, legislators have made the life of accountants much easier by excluding the preferential rate for dividends from the article of the Tax Code of the Russian Federation, and thereby reducing the risk of various errors in the calculation of tax on interim dividends.

If there is a loss at the end of the year

After the management announces the need to pay interim dividends, the accountant may have one more question: what will happen if at the end of the year it turns out that the organization has no profit?

As we remember, according to the article of the Tax Code of the Russian Federation, for tax purposes, a dividend is recognized as income received by a participant from an organization in the distribution of profits remaining after taxation. That is, we are not talking about "accounting" profits, but about tax ones. Let us explain what this means in relation to different taxation systems.

The tax period for income tax and for a single tax paid under the simplified tax system is a calendar year (Articles 285 and 346.19 of the Tax Code of the Russian Federation). Thus, for organizations that apply these taxation systems, a distribution of profits made in the middle of the year can be regarded as a payment of “tax dividends” only if the company actually has profit after tax at the end of the year. It is easier for organizations that pay UTII, because tax period for this tax, a quarter is recognized (Article NK RF). This means that in an imputed company, the interim distribution of profits for tax purposes will always be considered a payment of dividends.

But let's get back to payers who are on OSNO or USN. If for such an organization the amount of paid interim dividends turned out to be more than the net profit received at the end of the financial year, then the difference for tax purposes is recognized as income of participants, but not dividends (letters from the Ministry of Finance of Russia and the Federal Tax Service of Russia). In fact, this will be the same “other payment” that we talked about above when we considered the issue of distributing profits disproportionately to the shares of participants in the authorized capital. And since the payment in favor of the participant occurs without any counter representation, for tax purposes it qualifies as property transferred to the participant free of charge (clause 2, article , clause 1, article of the Tax Code of the Russian Federation).

Because the tax rate for personal income tax for income in the form of dividends is now equal to the general rate of 13 percent, the reclassification of payments from dividends to "other income" for an organization - a tax agent will only mean the need to submit updated calculations of 6-personal income tax. It is necessary to correct the calculation for the period in which the specified income was paid, as well as the calculations for all subsequent periods, if this payment was taken into account precisely as dividends when compiling them. In the revised calculations, it will be necessary to exclude from lines 025 and 045 of section 1 amounts that are not dividends, and personal income tax from these payments. (Note that if a joint-stock company finds itself in a similar situation, then it will also be necessary to submit revised income tax returns, excluding section A of sheet 03 from them).

Concerning tax implications for the organization itself as a taxpayer, then in this case, the re-qualification of the payment will not entail any consequences, since neither dividends nor donated property are taxed (clauses 1 and 16 of article 270, clause 2 of article NK RF).

As you can see, in a situation where, at the end of the year in which interim dividends were paid, the organization received a loss, there are no catastrophic tax consequences. At the same time, there is a legal way to avoid the consequences mentioned above.

So, if the LLC has retained earnings of previous years, then the general meeting (the only participant) may decide that interim dividends are paid out of this profit. In this case, the payments will retain the status of dividends.

The question of whether accruals will be recognized as dividends or not is especially important in a situation where payments are made in favor of participants with whom labor contracts are concluded. The fact is that it depends on the qualification of the payment whether it is necessary to charge insurance premiums on it.

Interim dividends and insurance premiums

As you know, the objects of taxation of insurance premiums for organizations are payments and other remuneration accrued by payers of insurance premiums in favor of individuals within the framework of labor relations and civil law contracts, the subject of which is the performance of work, the provision of services (clause 1 of Art. federal law dated July 24, 2009 No. 212-FZ; hereinafter - Law No. 212-FZ). It is clear that dividends (that is, net profit distributed among the participants of the organization) under this definition are not covered, since these payments are not made within the framework of labor relations or civil law contracts. The correctness of this approach is also confirmed by the regulatory authorities, noting that dividends are not subject to insurance premiums (FSS letter).

However, in a situation where the organization has a loss at the end of the year, the approach to calculating insurance premiums for interim dividends may change. After all, officials believe that insurance premiums are subject to, among other things, those payments to employees that are not directly spelled out in employment contracts. According to the regulatory authorities, such payments are still made within the framework of the labor relations of employees with the employer, which means that they are associated with employment contracts. The only exceptions are those payments that are listed in the article of Law No. 212-FZ (see letters from the Ministry of Health and Social Development of Russia and). Based on such clarifications, controllers may decide that if a company paid interim dividends to an employee (for example, a director) during the year, but did not make a profit at the end of the year, then these payments are not recognized as dividends. And since they are produced within the framework of labor relations, they need to accrue insurance premiums. As a result, the reclassification of dividends as payments accrued within the framework of labor relations may lead to the formation of arrears on contributions and related penalties. In addition, you will need to submit updated reports to the funds.

Note that in the current year, this approach can be argued, since Law No. 212-FZ does not contain a definition of dividends, which means that the distribution of profits during the year can be considered the payment of interim dividends, even if the company was at a loss at the end of the year. But next year the situation will change, as insurance premiums will be accrued and paid according to the rules of chapter 34 tax code(introduced by federal law; see ""). Consequently, next year the term "dividends" will be used for the purpose of paying insurance premiums in the sense that article of the Tax Code of the Russian Federation gives it. Therefore, our advice is simple: if the management has absolute confidence in the profitability of the company at the end of the year, then it is safe to pay interim dividends to persons with whom an employment contract has been concluded. Otherwise, it is better to wait with the payment of dividends so as not to pay additional amounts fees, fines and penalties.

Based on the materials of the webinar "All about dividends for an accountant and director", author - Evgeny Naidenov, head of the tax audit department of Business Audit LLC, teacher at the Potential training center.

Director

Dividends are any income received by a shareholder or participant from an organization in the distribution of profit remaining after tax on shares owned by this participant, in proportion to the participants' shares in the authorized capital of the paid organization (clause 1, article 43 of the Tax Code of the Russian Federation).

Important: Dividends are part of the net profit left after paying all taxes. If we are talking about the general taxation regime, then this is the net profit that remains after paying income tax. If we are talking about the simplified tax system, then this is the profit remaining after paying taxes on the simplified tax system. If this is UTII, then this is the net profit that remains after paying a single tax on imputed income.

How is profit calculated?

Net profit is the profit left after paying all taxes. All expenses are deducted from all income of the enterprise, the financial result is obtained and profit remains, it is the basis for calculating the tax. The amount of tax that must be transferred is determined, and the tax itself is deducted from the profit based on the results of activities. There remains a cleared amount that is at the disposal of the company, and the company has the right to dispose of the net profit at its discretion. That is, it can either use it for business development, or pay dividends.

Where is the net profit indicator recorded in the financial statements?

— In section 3 balance sheet“Capital and reserves” profit appears on the line “retained earnings” or “uncovered loss”. The balance sheet shows all profits as of a certain accounting date. This line takes into account the amount of net profit not only for the last reporting period, but also for past years, if it remained and was not distributed at one time.

- If you need to find out the amount of net profit for the reporting period, then refer to the income statement. Here, the net profit indicator for the reporting period (for example, for the reporting year) is shown on the line “Net profit or loss”.

If the company does not have a net profit, then there can be no talk of paying dividends until the loss received by the company is covered by the profit received in subsequent periods.

What if errors were made in calculating profit?

According to accounting and tax legislation, the company, represented by the accounting department and the chief accountant, must make changes and correct the indicators financial statements so that the net profit figure is true.

- If, as a result of errors and violations, the net profit indicator was underestimated, then, after making changes to the balance sheet and reporting, additional net profit should appear, which is also distributed among the founders according to their decision.

- If, as a result of errors and violations, the amount of net profit was overestimated and dividends were already paid on the basis of incorrect information, then after correcting the errors, the net profit indicator will be slightly underestimated. As a result, a situation will arise when the founders initially distributed more net profit to themselves. There is nothing to worry about, because after a certain period, the net profit will be smaller, and the participants will distribute the profit in a smaller amount.

If errors were made in accounting and then corrected, then the founders, participants will still receive the due amounts of dividends. But the process can take time.

Net assets

This is the difference between the company's assets and its debts (liabilities). The difference between assets and liabilities is recorded in the final line 3 of the balance sheet of the enterprise. Conditions:

1. In accordance with the law on LLC, the amount of net assets must necessarily exceed the amount of the authorized capital. If the amount of net assets is less than the amount of the authorized capital, then the company is obliged to reduce it to the amount of net assets after the time has elapsed. This entails difficulties and risks for the company, because many small businesses have the minimum amount of authorized capital allowed by law: 10 thousand rubles for an LLC. If a situation arises in which the amount of net assets is less than this threshold amount, then, on the one hand, the company is obliged to reduce the amount of the authorized capital, and on the other hand, the amount of the authorized capital cannot be less than 10 thousand rubles.
2. If the company allows such a situation for a long time, then it falls under sanctions up to liquidation. As for the payment of dividends, in accordance with Article 29 of the LLC Law and Article 43 of the JSC Law, a decision on the payment of dividends cannot be made if at that moment the value of the company's net assets is less than its authorized capital. Therefore, it is important to follow the size of net assets.
3. The payment of dividends is not allowed until authorized capital not paid in full.

The dividend payment procedure is regulated by corporate legislation and the company's charter. The classic option is the annual payment of dividends at the end of the financial year, when the financial statements for the past year are prepared. In accordance with the law on LLC, the company must hold a regular annual meeting of participants, shareholders at the end of the year, at which the financial statements, the amount of net profit are approved, and then the company's owners decide on the distribution of net profit.

How will the net profit be distributed? This issue is within the competence general meeting participants. The state does not interfere in the distribution processes, it controls the procedure in terms of taxation, because at the time of the decision to pay dividends, there is the tax base by personal income tax.

Important:

• The results of the general meeting of shareholders or participants must be documented: they pay attention to this when holding audits. Often decisions on the distribution of dividends and net profit are made orally and on this basis the money is paid. Subsequently, this can lead to serious problems: if one of the owners, participants or shareholders considers that he has been deprived, he has the right to go to court to restore his violated rights. If there is no document drawn up on paper, then it will be difficult for any of the parties to the conflict to refer to it.
• In the absence of the minutes of the general meeting, the accounting department does not have the right to reflect business transactions, make postings on accrual and payment of dividends. In accordance with the accounting law 402-FZ, the facts economic activity recorded in accounting only on the basis of primary documents. In this case primary document is the decision of the general meeting on the payment of dividends, drawn up on paper.

Regularity of dividend payments

Article 29 of the LLC Law and Article 42 of the JSC Law provide that a company has the right to pay dividends quarterly, once every six months and annually.

If members of the company, owners or shareholders want to distribute dividends more often than once a year, then they need to re-read the articles of association and find the section that says in what order and how often dividends can be paid. Often the texts of the charters are formed on the basis of general principles and available blanks: when creating a company, few people think about how often they would like to distribute dividends. Therefore, if the charter states that dividends are distributed annually, then before deciding to change the frequency, it is necessary to amend the charter.

The dividend payment period is no more than 60 days from the date of the decision on payment. After its expiration, a shareholder who has not received dividends may regard this fact as a violation of their rights. He can go to court or otherwise influence the company, so it is also important to follow the terms of payment.

Often, enterprises, drawing up the minutes of the general meeting, where decisions are made on the distribution of net profit and on payment, immediately fix the payment schedule:

- to make it clear how the amounts will be paid;

- in the case of small businesses, the number of owners is small. Usually they are all physically present at the general meeting, where decisions are made on the distribution of net profit, payment of dividends and sign the minutes. If the text contains a schedule of dividend payments, and if part of them is paid later than in 60 days, then having the signatures of the owners, it will subsequently be difficult for any of the shareholders to make claims regarding the timing of payment.

Forms of payment of dividends from the point of view of the director

- The classic option is payment in cash, cash or non-cash. If this moment is important for owners, shareholders and participants, then it will not be superfluous to indicate in the minutes of the general meeting in what form and how dividends will be paid.

For owners who are used to receiving cash dividends from the cash register, there are subtleties and limitations. Our legislation, documents of the Central Bank, which regulate cash transactions, it is not allowed to pay dividends at the expense of cash receipts received at the cash desk of the enterprise. Withdrawal can be carried out only at the expense of funds that were specially received from the bank or at the expense of other amounts that were returned to the company's cash desk in various ways.

– Payment not in cash, but in the form of property owned by the company (in the form of fixed assets, materials, finished products, accounts receivable, securities, claims). That is, any assets that are on the balance sheet of the enterprise and are recorded in the financial statements approved by the participants.

This issue is quite troublesome and more expensive in terms of taxation. Because, according to the Ministry of Finance and the Federal Tax Service, the payment of dividends by any property other than money is recognized as a sale. From the point of view of Article 39 of the Tax Code, a change in ownership of goods, works, services is recognized as a sale. Therefore, if dividends are paid, for example, by fixed assets, then the original owner was an enterprise, and an individual becomes the new owner. The status of this property changes, there is a sale and, as a result, the taxable base. If we are talking about the general taxation regime, then there is VAT and income tax. If we are talking about a simplified taxation system, then additional income appears here.

If we are talking about UTII, then here the situation is more subtle. Depending on the type of activity carried out by an enterprise transferred to UTII, most likely, a property transfer operation will not fall under this type. That is, under a transaction for the alienation of property and the transfer of fixed assets, the enterprise will not be on UTII, but on a general taxation regime or on a simplified one, if there is permission to use the simplified tax system.

Thus, before making a decision on the payment of dividends, in cash, be sure to clarify this issue with your accounting department, auditors or lawyers so that you understand what such a dividend payment will cost the company.

Distribution of net profit of previous years and payment of dividends from it

There are no restrictions and problems for the company, because all net profit can be distributed in accordance with the decisions of the owners. It is advisable to note this moment in the minutes of the general meeting, at which a decision is made on the distribution and payment of dividends. It is better to state directly: “according to the results of a certain reporting period, for 2019, such and such net profit was received. As of the reporting date, December 31, 2019, the enterprise also has retained earnings of previous years in such and such an amount. A decision is made to distribute all net profit, which is reflected in the balance sheet: that which was received during the reporting period, for 2019, and that which remained at the disposal of the enterprise from previous years. The figures are indicated directly and reflect what proportion of net profit is directed to the payment of dividends.

Accountant

The first thing to do Chief Accountant- reflect the company's debt to pay dividends to its shareholders, participants or owners. The amounts must be calculated and charged for each participant. Wiring depends on the situation:

• the participant is employed in the company - Dt 84 Kt 70;
• the participant does not work in the organization or is a legal entity - Dt 84 Kt 75.

The entry reflects the accrual of dividends based on the decision of the general meeting. Without a paper version of the minutes of the general meeting, on which the decision on the distribution of dividends is fixed, this entry cannot be made. Therefore, the posting must be generated on the date of signing the corresponding payment protocol.

After the appearance of the posting in the balance sheet of the enterprise, accounts payable in liabilities to the participants on the payment of dividends. The turnover on the debit of account 84 reduces the net retained earnings, which is recorded in section 3 "Balance". The source of dividend payment is net profit, the economic meaning and legal nature of this operation is fully consistent with reality and does not contradict the law.

Forms of payment of dividends from the point of view of an accountant

— Consider the classic option when dividends are paid in cash.

Dt 75 (70) credited from 68 personal income tax account, because in this case, the enterprise that is the source of the payment of dividends is recognized as a tax agent in accordance with Article 226 of the Tax Code. The tax agent is obliged to withhold and transfer to the budget the withheld amount of personal income tax.

In accordance with article 224 of the Tax Code, the tax rate on income received by an individual in the form of dividends is set at 13% for residents and 15% for non-residents of the Russian Federation. Of the total amount due to receive dividends, 13% must be given to the state in the form of tax - this operation is reflected in the first entry.

The remaining amount, 87%, is paid to the shareholder, participant, owner of the enterprise in cash non-cash or through the cashier. Therefore, the posting is formed with correspondence: Dt 75 (70) and Kt 50 (51).

After the first two postings are formed, the payables for the payment of dividends on account 75 or 70 are completely closed. After paying the tax and transferring it to the budget (the third entry is Dt 68.NDFL, Kt 50 (51)), the company fulfilled all obligations to the owners of the company and to the state in terms of withholding and transferring the amount of income tax.

— Another option for paying dividends is a payment at the expense of the property of the enterprise.. If the general meeting decided to pay dividends by transferring fixed assets or materials to shareholders, then the disposal of these assets should be reflected through 91 accounts. We reflect these operations as follows:

1) Dt 75 (70), Kt 91.1. Correspondence is made here for the cost of fixed assets, materials, including VAT. VAT is taken into account in cases where property is paid by enterprises that apply the general taxation regime and by enterprises that pay single tax on imputed income.

2) Dt 91.2, Kt 68 VAT in the amount of VAT is reflected if the general taxation regime and UTII are applied.

3) Dt 91.2, Kt 01 or 10 accounts. This reflects the book value of materials or the residual value of fixed assets.

Why 91 accounts? These are other income and expenses of the enterprise, because the disposal of fixed assets, materials, that is, assets not intended for further sale, is carried out through the 91st accounts, and not through the 90th.

If dividends are paid by the transfer of goods or finished products, then the disposal of these assets should be reflected in the sales accounts. Therefore, in this case, the 90th accounts will be involved. The last three correspondences reflect this situation.

1. Dt 75.2 (70), Kt 90.1 reflects the cost of goods and finished products, including VAT.
2. The second correspondence is the amount of VAT, Dt 90.3, Kt 68 VAT.

VAT arises if the general taxation regime is applied. It may occur when paying dividends at an enterprise that uses UTII, depending on what is being transferred. If goods intended for retail sale are transferred, then VAT does not arise, because such a transfer falls under the definition of retail sale, will be included in retail turnover and will fall into the type of activity that the enterprise uses on UTII.

1. Write-off of the book value of goods or finished products: Dt 90.2, Kt 41 or 43 accounts.

When dividends are paid in non-monetary form, the company (the source of the payment) still has the obligation to withhold tax, because it is a tax agent. On the other hand, the company does not have the physical ability to do so. If the payment is made in kind, then there is no money. It is impossible to recover these amounts in another way, especially if the founder, shareholder or owner is not an employee of the company.

The source of payments - the enterprise (the tax agent) does not have the ability to withhold income tax from such dividends, therefore the company is obliged to send a notice within a month of the impossibility of withholding income tax in tax office at the place of registration of the individual to whom dividends are paid, and at the place of its own registration. In this situation, there will be no claims against the enterprise. Having received such information, the tax authorities will independently contact the individual and demand payment of the amount of tax due.

If a company pays dividends in cash (in cash or non-cash form), then she has an obligation to calculate the tax, withhold it, transfer it to the budget, and at the end of the year, by March 1, submit information on the amounts paid in favor of individuals in the form of 2 personal income tax, where you must also indicate the amount of dividends paid. The personal income tax rate is 13%, no additional taxes need to be paid on these amounts.

Contributions to off-budget funds, in particular to Pension Fund and in the FSS, they are not withheld from dividends paid. Since, in accordance with 212-FZ, the basis for calculating contributions, in particular to the pension fund, are:

— payments within the framework of labor relations,

- payments for GPC agreements providing for the performance of work or the provision of services (contract and contract for the provision of services for compensation).

The chief accountant must be able to clearly identify payments to employees of the company. If money is paid on the basis of employment contract and a person receives them for the performance of labor duties, then these are payments within the framework of labor relations. They are subject to contributions to off-budget funds.

Dividends cannot be classified as such payments, because they are paid to individuals, regardless of how well or poorly they worked. A dividend payment is a distribution of the net profit that remains after all taxes have been paid. Even those company owners, shareholders and participants who are employees and often managers of the company receive dividends not for the results of their work, but for the result of the entire company, because:

1) profit remained at the disposal of the company

2) net profit is the result of the activities of not only the head

This means that the payment of dividends is not a payment within the framework of an employment relationship. That is why dividends are not subject to contributions to off-budget funds. The FSS mentioned this several times in letters.

How much taxes do you need to pay before you get a net profit?

Here you can compare different tax regimes. Under the general taxation regime, the income tax rate is 20% of the profit received by the company as a whole from financial and economic activities. Compare this, for example, with the rate provided for the simplified tax system with the object of taxation income minus expenses. The general rate for all is 15%. The price of dividends in the first and second cases is different, because in order to distribute dividends under the general taxation regime, you need to pay 20% to the state, and being on a simplified tax system - only 15%.

If we talk about UTII, it is difficult to say how much interest you need to pay in order to distribute dividends, because the amount of UTII tax does not depend on revenue, income, expenses, but depends on financial result. Knowing the size of this tax, seeing the result of financial and economic activity, it is also possible to calculate the tax burden. It will not exceed the amounts provided for the general taxation regime.

Thus, if the company is on special tax regimes (USN, UTII), the tax burden when paying dividends, it is significantly lower than for situations where the company is under the general taxation regime.

Periodicity of dividend payment

Russian corporate legislation provides for several options for paying dividends: quarterly, semiannually, and at the end of the year. If the leaders of your company are interested in the option in which dividends will be paid quarterly, then the chief accountant must definitely warn them about the risks that arise in connection with this.

1) The charter should provide for the quarterly distribution of profits and the payment of dividends. Each fact of the distribution of net profit and the direction for the payment of dividends must be recorded and recorded on paper, there must be a fixed decision of the general meeting.

2) Recall that dividends are the distribution of net profit remaining after paying all taxes. With a quarterly payment, this situation may arise. According to the results of the first quarter, the company had a net profit distributed through dividends. According to the results of the first half of the year, the company still has profit, and it is also distributed through dividends. Following the results of 9 months, the company again had a net profit, the company is working with a plus and feels quite confident, therefore, according to the results of this period, dividends are distributed in the same way.

But if at the end of the reporting period a loss is recorded at the enterprise, then the payments that were made during the year, following the results of the first quarter, half year and 9 months, will be reclassified tax authorities in payments from net income. They will need to pay not only personal income tax at a rate of 13%, but also a fee sy contributions to off-budget funds at an aggregate rate of 30%, because at the end of the year there was a loss, and the amounts paid cannot be qualified as dividends.

The accounting department should voice this idea to shareholders so that they understand that if they want to pay themselves dividends more often than once a year, then they need to ensure that the company ends up with a profit every year. Otherwise, there will be an additional tax burden on the company and directly on the shareholders.

Since these payments will be reclassified from dividends to payments from net profit, personal income tax can be paid at a rate of 13%. At the same time, the already paid 9% of the dividends most likely will not be able to be offset against the payment of 13%, because. they are different CBCs. A problem arises: who should be responsible for the return of the paid 9% from dividends? On the one hand, the taxpayer is an individual who receives dividends. If the shareholder of the company is an employee of our company, then this work can be shifted to the accounting department, although this is quite troublesome. But if the shareholder and participant of the company is an individual who is not in an employment relationship with our company, then the company has no opportunity, grounds and rights to engage in the 9% return procedure. As a result, a person is left alone with the tax authorities. He will have to interact with them himself, to return income tax.

If the shareholder who received dividends from us, which were later reclassified into payments from net profit, is not an employee of the company, then we cannot withhold 13% from him, and the enterprise, as a source of payment, is obliged, under Article 226 of the Tax Code, to submit a notice of the impossibility to withhold income tax to the tax office, and the KO will communicate directly with this individual.

3) Since the net profit that has remained with the enterprise is the property of this company and the property of shareholders, then the shareholders, participants, owners of the enterprise can dispose of this money in any way they like. In particular, a decision may be made on the disproportionate distribution of net profit. For example, an LLC has two owners, each of whom owns 50%. In this situation, no one can forbid these participants to distribute the net profit not 50/50 in accordance with their shares. They can decide on a non-proportional distribution, for example, in the ratio of 90 and 10. The amount exceeding its share will no longer be recognized as a dividend, because the dividend is recognized as part of the net profit to be distributed in accordance with the share that belongs to the shareholder, owner or participant.

As a result, out of 90 rubles received, 50 rubles will be recognized as dividends, personal income tax at a rate of 13% must be paid on them, and contributions to extra-budgetary funds will not need to be paid: an amount of 40 rubles is recognized as a payment from net profit. Personal income tax is withheld from it at a rate of 13%, and contributions to extra-budgetary funds are paid at an aggregate rate of 30%: there is a letter from the Federal Tax Service on this subject. Here we are talking about the payment of dividends not to an individual, but to a legal entity, therefore the income tax rate of 20% appears, the company burdens the recipient of dividends with a general taxation regime. Thus, if a shareholder or owner receives a net profit in a larger amount than he is entitled to in accordance with his share, then this will no longer be recognized as a dividend.

When it is necessary to withdraw profits from the 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 firms ask many questions about how you can legally receive money from your LLC.

Why can't you just take and spend money

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

You can borrow company money for three reasons:

• Under the report - for example, if you want to purchase something for your company for cash;
• Loan - it will have to be returned to the company;
• Dividends - your income from the activities of the organization, which you can manage as you like.

We will dwell on dividends in more detail, but we will not consider a loan and the issuance of money for a report, because. they assume repayment and are not considered as income.

Submit reports without accounting knowledge

Elba will prepare accounting records for LLC. The service is simple: you do not need to know the postings and accounting rules. Reports on taxes and for employees will also be generated by themselves.

How often can dividends be paid

How often an organization can distribute dividends is determined in its articles of association. Legally, this can be done no more than once a quarter. It is safer to pay dividends at the end of the year, because only then can the final net profit be calculated.

Example

Let's say that you received a good income during the quarter and paid dividends from the net profit. Then, at the end of the year, the profit was lower. The payment of dividends will be reclassified as remuneration to an individual, and you will have to pay all insurance premiums and resubmit related reports 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 making a decision on the payment of dividends, you need to check whether there is a net profit and whether the restrictions established by law are violated. Dividends cannot be paid if:

• the authorized capital has not been paid in full;
• 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 the payment of dividends it may become one;
• 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 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 accounting accounts must be in order - this is an accounting chip) and at the end of the year draw up financial statements.

How to distribute dividends

1. We consider 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, it remains to calculate the value of net assets and compare these figures.

Net assets are determined according to accounting data - since 2013, all organizations are required to keep it. We have already told you how to keep accounting on the simplified tax system. If you do not understand accounting, you can contact an accountant or free accounting experts in Elba. Accounting statements will confirm the correctness of the calculation of dividends.

So, let's calculate net assets: we add gratuitous receipts and state aid to the line of the balance sheet "Capital and reserves" (if there were any, we take the balance on the credit of account 98 "Deferred income").

If the resulting net asset value turns out to be less than your authorized capital, then it is worth returning to paying dividends later, when financial position firms will improve.

Amount of dividends, which you can pay is the amount on the balance sheet line "Capital and reserves" minus your authorized capital. You can send all this amount or only part of it to pay dividends.

2. We make a decision on the payment of dividends

After you are convinced that at the end of the period the company has made a profit and is entitled to pay dividends, a general meeting of founders is held. It approves financial statements, makes a decision on the distribution of profits and determines the period for paying dividends. The profit is distributed in proportion to the shares of the founders in the authorized capital. To calculate dividendseach founder, you need to multiply the distributed profit by his share in the authorized capital as a percentage.The results of the meeting are issued protocol. protocol template

If you are the sole founder, you can simply make a decision on the distribution of profits, and based on this decision, pay dividends. Profit Sharing Decision Template

The dividend payment period must not exceed 60 days from the date of the decision. The term can be changed down at a meeting of founders or fixed by the charter of the organization.

3. We pay dividends and withhold personal income tax

Within the period specified by the founders, it is necessary to pay dividends from the current account or from the cash desk of the LLC and withhold personal income tax. For residents of the Russian Federation (those who stay in Russia for more than 183 days within 12 months) personal income tax rate 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. Do not forget to reflect information on the amounts paid and tax in the quarterly report 6-NDFL and annual 2-NDFL. Insurance premiums for the amount of dividends not charged.

It is always aimed at obtaining a stable income by its founders. In all limited liability companies, the main way to distribute the profits is the payment of dividends, which is regulated by a number of laws, as well as internal documents of the LLC itself. Therefore, owners may have many questions related to this complex process.

Types of dividends

Dividends are understood as an absolutely legal option for making a profit from investing in an enterprise. From the perspective of accounting and financial accounting, dividends in - this is a certain part of the net profit received. It is almost always distributed between owners and participants, according to the invested share in the authorized capital.

In economic practice, there are many classifications of this concept.

They are divided into the following types:

By type of shares for which accrual is made:

• For ordinary shares;
• on preferred papers.

By frequency of payment:

• Menstruation (very rare);
• quarterly;
• Semi-annual;
• At the end of the year.

By form of payment:

• In monetary terms;
• In property or in kind.

In terms of payouts:

• partial;
• Full.

As expected:

• The main ones based on the results of the enterprise;
• Additional (special or extraordinary).

All these options for paying dividends to an LLC should be fixed in the statutory documents, regulating the subtleties of the distribution and payment procedure.

Source for accrual of dividends

The calculation and accrual of dividends is always made only from the amount of net profit remaining at the full disposal of the enterprise after deduction and payment of mandatory fees and taxes. However, the legislation on LLC practically does not contain the concept of net profit. Therefore, data is taken as a basis accounting at the enterprise, which are documented and appendices to it.

In these documents there is a line in which retained earnings are displayed or an uncovered loss from activities in a certain period is indicated. The concept of "retained earnings" reflects the economic result from all types of activities minus mandatory expenses and taxes, including penalties (clause 79 of the Regulations on Accounting and Reporting in the Russian Federation).

There is a need to determine the amount for the payment of dividends not only at the time of the meeting, but also immediately before the distribution of the amount. This is due to a possible change in net income due to an accounting adjustment or additional changes to the balance sheet.

The amount indicated in the balance sheet is the basis for calculating dividends. The founders decide how much to pay. If the statutory fund of such a company has a communal or state share of funds, it must pay at least 30% of the net annual profit.

How is the decision to pay dividends to an LLC made?

To accrue and pay dividends to all founders or participants of an LLC is a right, not an obligation, which is enshrined in the charter document. According to the generally accepted rule, the distribution of LLC dividends is carried out in proportion to the shares invested in its authorized capital (clause 2, article 28 of the LLC Law).

All answers to questions regarding the distribution of the amount of the net total profit of the company are contained in the documents:

• Articles of association;
• Corporate agreement between all participants;
• Regulations on the distribution of profits (internal).

The law does not prohibit making changes to documents and paying dividends disproportionately to the invested capital of participants. In practice, there are many situations when such a corporate agreement is revised and new persons are introduced into it who have the right to receive a part of the final profit. The main condition is the holding of a general meeting to make appropriate additions to the contract with the unanimous approval of all participants in the LLC. In this case, you can limit yourself to changing the corporate agreement without revising the charter (Civil Code of the Russian Federation, Article 66.1 and Article 67.2).

It is legally established that all potential participants must be notified of the meeting 30 days before it is held. The payment will be made to all persons indicated in the register, regardless of their presence at the meeting.

All issues related to the amount and timing of payment of dividends are resolved only at a general meeting with the participation of the founders of the company (Law on LLC, paragraph 7, paragraph 2, article 33). This important function cannot be taken over by another organization (as well as exerting pressure on the company's management in the distribution of income).

To discuss and decide on the possibility of paying dividends:

• A general meeting is held at which financial documentation and accounting reports are presented;
• The share of income received for the payment of dividends to LLC participants is determined, and a decision is made on the procedure for distributing this amount;
• A collective decision is made on the timing and form of payments based on the mathematical majority of the members of the company present.

After the meeting, on the basis of the signed protocol, the management of the LLC must issue an appropriate order.

When a decision cannot be made

Given that the payment of dividends based on the results of work is only the right of the LLC, it may not make decisions and direct all income to the development or modernization of production facilities, and other urgent needs.

But there are situations in which the decision is not made or may be considered illegal:

• Until the moment of redemption of all issued shares at the request of the founders or shareholders;
• If the management of the company does not comply with the requirements for the required amount of net assets;
• Until the full payment of contributions to the authorized capital of the LLC;
• At the slightest sign.

If a decision is made to bypass such situations, it can be challenged by any member of the LLC in court.

Dividend payout period for LLC

In a limited liability company, the frequency and timing of payment of accrued dividends must be regulated by the charter and internal regulations. In most cases, the decision to pay dividends to an LLC is made after summing up the results of the past reporting year, but it can be quarterly and even monthly (Law on LLC, clause 3, article 28). Dividends that are accrued once a quarter or half a year are called interim.

Often, the payment period is included in the charter at the stage of the establishment of the enterprise. In any event, the maximum allowable time after the decision has been made shall not exceed 60 days. In individual cases, the founders provide for the possibility of deferring payments up to 3 years. In such a situation, any participant in an LLC has its legal right to apply to the courts and receive its share of the amount of retained earnings (Resolution of the Federal Antimonopoly Service of the North-Western District dated 01.21.2013 N F07-7846 / 12).

Form of payment of dividends

In most cases, dividends to shareholders are paid in cash. But the charter may provide for payment in the form of other property. Almost always these are own shares or securities subsidiaries. This economic practice is better known as "reinvestment" or "revenue capitalization". It is increasingly used in domestic economy and contributes to the development of enterprises, their expansion and modernization.

How to get dividends

All participants who were entered in a special register at the time the decision on payment was made have the right to receive income and accrue dividends of an LLC. The issue is also being resolved with the founders, but in relation to the latter there may be many nuances in the statutory documents.

More difficult is the situation when distributing payments between holders various promotions. The latter must be included in a special register, drawn up by a list for a certain number.

Recent legislative changes have important nuance: when selling shares after the date of compiling the register for the payment of dividends, their former owner retains the right to receive this type of income for the previous period.

The priority depends entirely on the type of shares: for ordinary and preferred shares, interest on net profit is paid separately.

After the scheduled general meeting is held and all organizational issues are resolved, the management must accrue dividends in accordance with the adopted protocol and the issued order. If the accrual of LLC dividends was provided for by equity and proportional to the amount contributed, then the formula can be applied:

Net profit× Participant share (in %)

This is a simplified formula that explains how to calculate LLC dividends in most situations. It is valid and, if necessary, distribute LLC dividends at. In other cases, the percentage per share or share will be regulated by the minutes of the general meeting.

To calculate the amount per share, you need to use the dividend yield ratio:

DD= (Amount of dividends for the year / Market value)× 100%

All calculations must be made by the time the register is closed. After that, personal income tax on dividends is necessarily deducted from the amount. It currently stands at 13%.

How to pay dividends to the founder of an LLC

According to the laws and the charter of the company, the accrual of the amount of dividends to the founders may occur without taking into account the percentage of its share in the authorized capital. However, this possibility should be taken into account in the statutory documents and properly formalized. Otherwise, unpleasant disputes often arise when filing with the tax office.

This feature is connected with the interpretation of Article 43 of the Tax Code of the Russian Federation, which defines dividends as financial income member of the company, which must be paid in an amount strictly proportional to the invested share. If the amount of interest received by the founder exceeds the specified amount and is not documented by the statutory documents, tax deductions it will be carried out at an increased rate. tax office has every right to equate such dividends with another type of income.

The legislation provides that a society can be created by one person. In this case, the decision, which specifies the payment of dividends to the sole founder of the LLC, is adopted by him alone. At the moment, there are no clear explanations on the form of the minutes of the meeting in this case, but all controlling and inspection bodies insist on its presence.

Dividends on preferred shares

Preferred shares can give their holders certain advantages when paying dividends. In most situations, the percentage of payout in the distribution of profits is fixed in the charter of the company, but may also depend on the nominal value of the share.

The main advantages over ordinary shares:

• Have a clearly fixed mechanism for calculating dividends;
• A certain frequency of accruals;
• Extended list of sources for payment;
• Advantage in the interest queue.

Some LLCs, during stable and profitable work, create special funds in which they reserve part of the profits. In case of shortage financial resources funds from such “reserves” are spent on payment of dividends only on issued preferred shares (Law on JSC, article 42, paragraph 2).

At the same time, unless a special rate is set for preference shares, their holders will receive dividends in the amount equal to ordinary shares. If the board of the company decides not to make payments based on the results of an unfavorable reporting period, the owners of preferred shares also do not have the right to receive their share.

Dividends for LLC members are often paid in cash.

The amount can be transferred to a person in two main ways:

1. To an open account in any bank (non-cash method);
2. Through the cash desk of the enterprise in cash.

If the date of the last day of payments coincides with a holiday or weekend, it must be moved to the next business day. The amount of dividends is transferred to the accounts already excluding taxes withheld.

Liability for non-payment of dividends

If the company violates the rights of shareholders and participants in the payment of dividends, the latter may apply to the court for their enforcement. IN statement of claim interest may also be charged for the entire period of delay. In some situations, such a violation of payments becomes an administrative offense (CAO Art. 15-20).

Any limited liability company is in fact an economic entity, therefore court hearings are held only in an arbitration court (even when a claim is filed by an individual).

If the participant of the LLC did not receive dividends for an objective reason (did not provide reliable data on the place of residence, current account or other clarifications), he may demand them from the company within 3 years after the date of termination of payments. If the pre-trial check reveals that the reason for non-payment was the lack of a decision on the distribution of dividends, the claim will be dismissed.

General provisions. According to corporate law, dividends exist only in JSCs. The LLC legislation does not use the word "dividends"; it only refers to the distribution of net profit among LLC participants.

Tax legislation uses the concept of "dividends" for both JSCs and LLCs. For simplicity of presentation, we will further use the tax approach and call the distribution of net profit between participants in joint-stock companies and LLCs (as well as between participants in a partnership, members of a production cooperative) the payment of dividends.

In the Civil Code of the Russian Federation, the Tax Code of the Russian Federation, the Federal Law on JSC and OO and others normative documents are given different definitions dividend. Let us dwell on the following: dividends are recognized as the income of the participant of the legal entity on his shares (stakes) in the UK, received from the legal entity in the distribution of net profit in proportion to the shares (stakes) of the participant in the authorized capital of these legal entities.

Dividends also include any income received from sources outside the Russian Federation, related to dividends in accordance with the laws of foreign states.

Not recognized as dividends (clause 4, article 43 of the Tax Code of the Russian Federation):

1) payments to the participants of the legal entity upon its liquidation in cash or in kind, not exceeding the contribution of the participant to the authorized capital of the company;

2) payments to shareholders of the company in the form of transfer of shares of the same company into ownership;

3) payments non-profit organization for the implementation of its main statutory activities (not related to entrepreneurial activities), produced by economic companies, the authorized capital of which consists entirely of the contributions of this non-profit organization.

Use of the net profit of the legal entity. The payment of dividends is one of the ways in which the legal entity's net profit is used. Other directions for using net profit: in the production development of legal entities (construction, acquisition of fixed assets, etc.); formation of reserve and other funds of the legal entity in the manner and in the amount provided for by the charter of the legal entity; covering losses of previous years; increase in the Criminal Code of legal entities; payments to employees from net profit (for vouchers, financial assistance organization of recreation, cultural and sports events, etc.); remuneration of members of the board of directors; charitable purposes, etc.

There is an age-old problem: how to find the optimum between the part of the net profit of a legal entity directed to the development of production, and the part directed to the payment of dividends. In world practice, more than 50% of the net profit of joint-stock companies is directed to the payment of dividends. In Russia, only 1/3 of all OJSCs declare dividends.

The classification of dividends paid by legal entities is shown in fig. 18.1.

Rice. 18.1. Classification of dividends

Sources of payment of dividends. The source of dividend payment is the profit of the joint-stock company of the reporting year after taxation (net profit). Retained earnings of previous years are also taken into account. The net profit of a joint-stock company is determined according to the company's financial statements.

Therefore, legal entities applying the simplified tax system (simplified taxation system) and paying dividends must keep accounting records.

Dividends on preferred shares of certain types may also be paid to JSCs at the expense of special funds of the company previously formed for these purposes.

Decision making and payment of dividends. The decision to pay dividends based on the results of the JSC's activities is taken by the general meeting of shareholders (this is its exclusive competence).

Moreover, this is a right, not an obligation of the general meeting. This means that shareholders are not entitled to demand the payment of dividends if the decision on the distribution of net profit has not been made.

The decision can be taken by a simple majority of votes at the regular (annual) general meeting of shareholders (in case of payment of dividends at the end of the financial year) or at an extraordinary meeting (in case of payment of dividends at the end of the first quarter, six months and nine months of the financial year). In both cases, the terms for making such a decision must be established in the charter of the company.

The law establishes the following restrictions on the timing of the decision to pay dividends (distribution of net profit):

1. A decision on final (annual) dividends must be made in a JSC not earlier than March 1 and not later than June 30 of the year following the financial year (in LLC - not earlier than March 1 and not later than April 30 of the year following the financial year).

2. A decision on interim dividends must be made within three months after the end of the relevant period (first quarter, six months, nine months).

The decision on the payment of dividends for each category (type) of shares determines the amount of dividends, the form and terms of their payment.

The dividend amount is determined as the amount of net profit in rubles and kopecks per share of a certain category and type, excluding withholding tax.

The amount of dividend per ordinary share should not exceed the amount recommended by the Board of Directors of the JSC.

The amount of dividend per preferred share is set in the charter of the JSC. If such amount is not determined, then it is determined in the same manner as for ordinary shares.

Information about declared dividends, their amount, form and terms of payment is posted on the JSC's website on the Internet.

In an LLC, net profit is generally distributed (in whole or in part) among its participants in proportion to their shares in the authorized capital. However, the charter of an LLC may provide for a disproportionate distribution of profits. Provisions relating to this issue can be included in the charter only if they are accepted by all participants of the LLC unanimously.

Profits and losses of a full partnership are distributed among the partners in proportion to their shares in the share capital, unless otherwise provided by the memorandum of association or other agreement of the partners (for example, equally). The same documents determine the timing of the decision on the distribution of net profit between partners (quarterly, every six months, a year or at the end of the transaction).

The investor of a limited partnership has the right to receive a part of the net profit due to his share in the share capital, in the manner prescribed by the founding agreement.

The net profit of a production cooperative (PC) is distributed among its members in accordance with their personal labor and (or) other participation, the size of the share contribution, and among the members of the PC who do not take personal labor participation in the activities of the cooperative, in accordance with the size of their share contribution. By decision of the general meeting of PC members, part of the PC's net profit may be distributed among its employees.

The part of the net profit distributed among the members of the PC in proportion to the size of their share contributions should not exceed 50 percent of the profit of the PC to be distributed among the members of the cooperative.

Dividends are paid in money, and only in cases provided for by the charter of the company, in other property. For example, dividends can be paid in products, fixed assets, shares (including shares of subsidiaries), etc. At the same time, the types of property that can be transferred on account of dividends must be specified in the charter of the economic organization. Property valuation may be made by agreement of the parties and may be lower than the book value of the property.

With regard to LLC, the law does not say anything about the form of distribution of net profit. By default, the distribution of net profit in the form of property is legal, but it is also desirable to fix this method in the charter.

The term and procedure for the payment of dividends is determined by the charter of the HO or by the decision of the general meeting of participants on the payment of dividends. It should not exceed 60 days from the date of the decision to pay dividends.

If the decision to pay dividends is made, then their payment becomes an obligation joint-stock company. If the dividends were not paid on time, then the limitation period for receiving dividends is three years from the moment when 60 days expire from the date of the decision by the general meeting of the legal entity on the payment of dividends. The charter of a legal entity may provide for a longer claim period, but not more than five years. The statute of limitations is waived for cases where the participant was unable to receive his dividends under the influence of threat or violence. In other cases, the missed period is not restored.

With the entry into force of Federal Law No. 409-FZ of December 31, 2010, the same rules as in JSCs, the rules on the timing and procedure for paying dividends are also valid in LLCs.

If the participant of the economic organization was not paid dividends in a timely manner, he may also demand interest from the company in the amount of the refinancing rate of the Central Bank of the Russian Federation.

The Company is not entitled to provide an advantage in the timing of dividend payments to individual owners of shares of the same category (type). Payment of declared dividends on shares of each category (type) must be carried out simultaneously to all owners of shares of this category (type).

If the dividends were not received by the company's participants, then upon expiration of the period limitation period the amounts of unclaimed dividends are restored as part of the company's retained earnings.

The adjustment of the tax base in terms of the restoration of dividends is made from the date on which they were recorded as income for income tax purposes due to the expiration of the limitation period for receiving dividends.

If dividends have been accrued, but the company is not able to pay them, then the unreceived dividends, the limitation period for which has expired, the company participant cannot take into account as part of its tax expenses as losses (letter of the Ministry of Finance of Russia dated March 20, 2012 N 03-03-06-1 / 133).

JSCs cannot decide to reduce the authorized capital until the moment of full payment of the declared but not paid dividends, as well as before the expiration of the period established for the shareholders to submit claims for the payment of declared dividends.

There is no prohibition on reducing the LLC's charter capital if the company has an unpaid part of the distributed profit.

Recipients and order of payment of dividends. The right to receive dividends is held by shareholders who owned shares as of the “registry closing date” (the date when the list of persons entitled to participate in the shareholders' meeting was compiled).

This date is determined by the board of directors annually, usually 1-2 months before the general meeting of shareholders. In the event that a shareholder sells his shares before the “registry closing” date, the right to receive dividends passes to the new owner of the shares. If the shares are acquired after the “closing of the register” date, then the right to dividends remains with their former owner, since he will be indicated in the list of shareholders.

The list of persons entitled to receive dividends is compiled by the registrar (the company itself or the registrar). To compile it, the nominee shareholder provides data on the persons in whose interests he owns the shares.

Dividends in JSCs are set and paid separately for preferred and ordinary shares. The owner of preferred shares has an advantage in receiving dividends over the owner ordinary shares. In turn, the owners of different types of preferred shares may have a different order in their receipt (see Fig. 18.2). The decision to pay dividends on shares of a lower order cannot be taken until dividends on shares of a higher order are declared.

Rice. 18.2. Order of payment of dividends in JSC

Restrictions on the payment of dividends. Dividends are accrued and paid only on fully paid shares. The following groups of shares do not accrue dividends:

Not placed (not released into circulation);

Acquired (repurchased) and on the balance sheet of the JSC by decision of the board of directors (general meeting of shareholders);

Received at the disposal of JSC due to the buyer's failure to fulfill its obligations to purchase them.

JSC is not entitled to decide on the payment (declaration of dividends) on shares:

Until full payment of the MC JSC;

Before the redemption of shares that the JSC must redeem, when the shareholders have the right to demand the redemption by the company of their shares;

If the JSC meets the signs of bankruptcy or becomes liable as a result of the payment of dividends;

If the requirement on the amount of the net assets of the JSC is not observed: the value of the net assets of the JSC as of the date of the decision to pay dividends is less than its authorized capital, the reserve fund and the excess of the liquidation value of the placed preferred shares over their face value, or will become less as a result of such a decision;

If the value of the LLC's net assets is less than its authorized capital and reserve fund or becomes less than their size as a result of this decision.

The company is not entitled to pay dividends to its participants, the decision to pay which was made, if at the time of payment of dividends:

The company meets the signs of bankruptcy or will become liable as a result of the payment;

The value of the company's net assets is less than its authorized capital and reserve fund or will become less as a result of the payment.

As these circumstances cease, the company is obliged to pay the participants the profit, the decision on the distribution of which among the participants of the company has been made.

In the event of an unjustified refusal of the company to pay out distributed profits, the participants have the right to apply to the arbitration court for the recovery of their part of the profit from the company.

In the event that the decision of the general meeting on the payment of dividends was made in the presence of circumstances that limited the possibility of such a decision, or after its adoption, circumstances arose that preclude the possibility of paying dividends, the court is not entitled to satisfy the requirements of the participant.

Upon termination of these circumstances, dividend payments should be resumed.

Taxation of dividends. When paying dividends, a legal entity must fulfill the obligation of a tax agent in terms of calculating, withholding and transferring the following taxes to the budget:

1) income tax (if dividends are paid to a participant - legal entity);

2) personal income tax (if dividends are paid to a participant - an individual).

The obligation to calculate, withhold and transfer tax on dividends arises for the legal entity - the source of payment of dividends (tax agent), regardless of which tax regime(USN, UTII or ESHN) UL applies.

If the recipient of dividends is not an income tax payer, then the tax agent does not have an obligation to transfer tax on dividends. This takes place, for example, when paying dividends on shares (stakes in the UK) that are state or municipal property; when paying dividends investment funds held in trust by management companies; on shares owned by the Bank for Development and Foreign Economic Affairs - Vnesheconombank.

From the amount of dividends that are paid to a legal entity applying the simplified tax system, a tax agent (legal entity that pays dividends) must withhold income tax. This is due to the fact that in relation to the dividends received, such legal entities are not exempt from income tax. LE - the recipient of dividends will be transferred dividends minus income tax.

If the legal entity - the recipient of dividends is not transferred to UTII, then the tax agent must withhold income tax from the amount of dividends due to him. A legal entity that is on UTII is exempt from paying income tax only in relation to profits received from activities transferred to UTII, dividends do not apply to such income.

The tax rate differs depending on the recipient of dividends (see Table 18.1).

The calculation of the amount of tax withheld upon payment of dividends is made for each recipient of dividends separately and depends on whether the paying legal entity itself received dividends or not.

If the legal entity distributing profits did not itself receive dividends, then the amount of withholding tax on dividends paid to Russian participants will be calculated according to the formula

Where H i- amount of withholding tax i-th shareholder (participant), rub.; Dv i- the amount of dividends due i th shareholder (participant), rub.; St- tax rate on dividends, %.

If the legal entity distributing profits was the recipient of dividends, then the amount of tax on dividends paid to Russian participants is calculated according to the formula

Where Dv- total amount of dividends due to be paid, rub.; Dp- the total amount of dividends received by the company itself in the current and previous periods (excluding dividends taxed at a rate of 0%).

Table 18.1

Income tax and personal income tax rate when paying dividends

If the amount of tax on dividends is negative, the obligation to pay tax does not arise and no reimbursement from the budget is made.

If a Russian legal entity pays dividends to a foreign individual or legal entity, then the tax base is determined for each such payment and the tax is calculated in the same way as using formula (18.1).

If dividends are paid to the heir, then personal income tax is withheld from them, although income transferred by inheritance is not subject to personal income tax. But this rule applies if the income is received from an individual, and here the income is received not from an individual, but from a legal entity.

Both income tax and personal income tax withheld upon payment of dividends are transferred to the budget by the tax agent who made the payment no later than the day following the day of payment (clause 4 of article 287 and clause 6 of article 226 of the Tax Code of the Russian Federation).

Personal income tax on dividends that the legal entity pays to participants - individuals, the legal entity pays to the Federal Tax Service, where it is registered with the legal entity, even if the participants are registered in another region of the Russian Federation (clause 7 of article 226 of the Tax Code of the Russian Federation). The IFTS, where the legal entity is registered, transfers data on dividends paid and personal income tax withheld to the IFTS according to the place of residence of each participant, when the legal entity reports on the results of the year, in the form 2-NDFL (clause 2, article 230 of the Tax Code of the Russian Federation).

According to the Ministry of Finance of Russia (letter of the Ministry of Finance of Russia dated June 24, 2008 N 03-03-06 / 1/366), a part of the net profit of a legal entity distributed among its participants disproportionately to their shares in the management company of a legal entity (which may be in LLC and business partnerships in in accordance with their constituent documents) is not recognized for tax purposes as dividends, but is treated as a payment from net profit. For tax purposes, payments made in excess of the amount of dividends (net profit of the legal entity distributed among the participants of the legal entity in proportion to their shares in the capital of the legal entity are taxed at the general tax rate (13% for individuals - residents of the Russian Federation and 15% - non-residents; 20% for legal entities - residents and 30% for non-residents).

A legal entity can pay dividends not only for the year, but also interim dividends (for the quarter, six months, nine months). The total amount of interim dividends may turn out to be more than the net profit of the legal entity at the end of the year. The resulting difference is included in the participants' income and is taxed in the general manner (at a rate of 13% for personal income tax and at a rate of 20% for income tax).

When paying dividends in cash, the object of VAT does not arise.

The payment of property dividends (if it is provided for by the charter of a legal entity) is considered a sale in connection with the change of ownership and is subject to VAT. Property valuation can be made by agreement of the parties.

Dividends are not subject to insurance premiums (they are only subject to payments under labor and civil law contracts, the subject of which is the performance of work, the provision of services).