The Federal Law No. 208 "On Joint-Stock Companies" contains general information and a number of other information that allows the company to accurately and correctly pay financial resources. The competent implementation of taxation and accounting of the organization depends on the correct choice. It is very important to know the conditions for dividend payment in LLC, calculation and other features of this procedure.
General information
The founders of the LLC are the direct owners of the organization. Why is it not allowed to simply spend her profit? This is due to the fact that any waste of the enterprise must be justified and documented. Naturally, the founders of a company are its owners. However, the property is directly owned by the organization. Moreover, the property of the company is separated from the personal property of its founders. How are dividends paid to LLC participants?
Reasons for getting company funds
The financial resources of the company are allowed to be taken for three reasons:
- under the report, if you purchase anything for the organization in cash;
- loan, returning to the company without fail;
- Dividends, which are the income from the activities of the organization, you can spend them at your discretion.
Steps
However, the distribution of dividends is made in a strictly established manner. Showing a brief outline, the following steps can be distinguished:
- set the amount of dividends;
- make a decision on payment;
- provide funds and withhold personal income tax.
Although the process at first glance seems simple, it needs to be properly designed at every stage. So, how is the dividend paid in the LLC?
Profit to be distributed
For any LLC, the income is equal to the entire income of the enterprise, deducting expenses. The financial result remaining in the end is the basis for taxation. The amount of tax to be paid to the budget is established. The amount that remains, just the same, represents net profit. Regardless of who initiates the financial allocation process, this can be done in several stages:
- discuss the issue at a general meeting of representatives of society;
- send and consider a request for a meeting, and then decide whether it is appropriate to hold a meeting;
- identify the amount of capital in its purest form;
- members of the organization make suggestions and make appropriate decisions;
- the general meeting is held in the form of joint presence or absentee voting;
- all participants must have a registration;
- additional issues are added to the agenda and approved;
- the results of the meeting are recorded in the minutes of the joint meeting together with the amount of net profit that has been established;
- A copy of the document should be sent to all participants.
Then, the process of distributing the amount of profit in its pure form is carried out. Attention should be paid to a number of features in order to ensure that the payment of dividends is correct and in accordance with federal law. It is possible to pay dividends to the sole founder of LLC.
In this case, a protocol is not required, and only the signing of the relevant decision is sufficient. In order to correctly calculate the amount of net profit, which is necessary for an equal distribution between the participants in the company, the following formula is used: the amount of profit in pure form is multiplied by the share of the participant in percent.
Consider the example of the payment of dividends to LLC under the simplified tax system.
For example, a company applies a tax system of six percent.For 2016, the company decided to pay its founders, who are individuals, cash. One participant receives as income 80,000 rubles and receives them on August 5. From this amount it is necessary to withhold 13% of personal income tax. Thus, the founder receives 69,600 rubles.
Legal basis for dividend payment in LLC
The procedure for the distribution of income and its receipt can be determined by the charter of the company, which requires fixing every subtlety of the process.
In order for the Charter of the company to be regulated, it is necessary to use the following documents, which make it possible to control the procedure for payments to participants:
- Law No. 208-FZ.
- Tax Code of the Russian Federation.
- Law No. 14-FZ.
- Letters of the Ministry of Finance.
These documents help to regulate the procedure for the distribution of income, its correct recording in the protocol, the correct calculation of the size of the tax on profits for various tax systems and their transfer to the budget. Thanks to this, you can avoid any complaints from tax structures and litigation. What are the features of dividend payment in LLC today?
Payout Features
The law does not contain an exact sample of a decision by a company participant on the payment of financial resources. Independent form allowed. A similar document should be drawn up at the general constituent assembly.
The document requires the following information:
- the amount of financial resources and the time of their distribution;
- the proportion of shares of each founder in percent, which is determined by the amount of their contribution to the authorized capital of the company;
- a list of participants who are entitled to receive the appropriate amounts of payments;
- time of payment of funds and the form of their transfer.
The following features should be considered:
- the company must make a decision on the payment of income in pure form to shareholders (in accordance with Article 42, paragraph 1);
- six months, nine months, a quarter or annual results may be taken into account.
After a verdict of expediency is issued, it is allowed to proceed to the compilation of a protocol. In this order, a decision is made on the payment of dividends to LLC.
Payout Procedure
The period that is allotted for the payment of income in pure form to all participants in the company should not exceed sixty days. The starting point is the moment when a verdict is issued on the appropriateness of this procedure. After that, a duplicate of the dividend payment protocol of LLC is drawn up in two copies, which should contain the following information:
- date of compilation and registration number;
- time and place of the meeting;
- agenda;
- signatures of shareholders.
A special document has not been established at the legislative level, due to which the payment procedure is being drawn up. An organization can independently develop a form. This can be a payment order or an account cash warrant. The order of payments is made after the personal income tax is withheld:
- if they are residents, then 13%;
- if non-residents - 15.
Pay periods are approved in the public charter. In the absence of this paragraph, the provisions of No. 14-FZ, Art. 28, paragraph 2. If the terms for obtaining net profit are violated, then LLC participants have the right to a judicial decision on this issue.
When it is impossible to pay profit
It is not possible to pay profit in the following situations:
- the presence of uncovered loss in the organization;
- start of bankruptcy;
- partial payment of the authorized capital by public shareholders.
Before a verdict is issued on the transfer of funds, it is very important to carefully analyze the financial statements. It is more correct to calculate the quarterly net income so that you can track the dynamics of the company and immediately identify all possible shortcomings. Net income is paid in the form of wire transfer to the accounts for the details that are in the register of public shareholders.
Subtleties of the procedure
Dividends represent the share of net profit allocated by the company in order to pay off all the founders. The owners of the company must take into account certain nuances when conducting this procedure:
- if there are no funds, the company has the right to pay dividends with property;
- if the profit is paid to the participants of the company, then insurance premiums are not paid.
If the founder is the only one, then he independently makes a decision and then receives one hundred percent income, deducting only tax.
How is the amount of dividends distributed between shareholders or participants?
The distribution of the amount between the participants of the company is carried out in proportion to the shares that they contributed to the authorized capital. At the same time, it is necessary to adhere to certain rules that are formulated in Article 28 No. 14-FZ:
- independent determination by the company of the frequency of income distribution (year, month or quarter);
- a different accrual procedure may be established if the participants in the company have adopted a unanimous decision;
- the payment period is established by the charter of the organization.
In addition, at the legislative level, it is stipulated that the distribution of profits is an organization’s right and not an obligation. But with the decision made, it is no longer possible to cancel it. Dividends are paid to the founders of LLC under the simplified tax system rather often.
Tax calculation
Since dividends are profits, they must be taxed. The tax deducted from dividends is regulated by Art. 226, p. 6 of the Tax Code:
- a company participant acts as a taxpayer;
- when paying income, the company is a tax agent for income tax in the case of legal entities, and in the case of individuals with regard to personal income tax.
Income tax is withheld from dividends and must be paid immediately after receipt of payments by the founders. If the tax is paid with a delay, then a fine will be charged (20% of the amount not transferred). In accordance with Art. 208 of the Tax Code Personal income tax is withheld from dividends, which are a source of profit. There is no difference in which tax regime is used in this company. LLC pays dividends to its participants, which means that it is necessary to withhold tax from them. The amount of funds payable to the budget is determined by those to whom the funds are transferred. A sample of the dividend payment protocol of LLC is presented above.
If the net income is received by Russian participants, but the income tax and personal income tax are 13%. The amount of tax in this case cannot be reduced by certain tax deductions.
When it comes to foreign organizations, the income tax rate is 15%.
After net income is determined, this indicator is recorded in the financial statements and comes into full possession of the company. Then it is possible to distribute income at the discretion of the organization. But in accounting this amount is necessarily fixed in the section "Retained earnings". It also takes into account cash growth for the current year and retained earnings for previous years.
Dividends paid and related taxes are recorded in the income tax return.
We examined the procedure for paying dividends to LLC.