For the successful operation of both individuals and legal entities on the territory of the Russian Federation, it is necessary to fulfill those requirements that are recorded in the Tax Code. For this reason, special attention should be paid to personal income tax. The terms of payment of the tax, the scheme of its deduction and declaration - all these are important elements of activity for entrepreneurs and those who independently provide employment.
For whom is information on the payment of personal income tax relevant
Initially, it is worth determining that the income tax of individuals is directly related to those who are these individuals. But knowledge regarding this type of tax is important for other categories of payers. The calculation procedure and the timing of payment of personal income tax should be known to legal entities, as they are recognized as tax agents. This information is important for the reason that, according to the legislation of the Russian Federation, it is they who must withhold tax from persons who are paid salaries.
Moreover, if you pay attention to the second provision of Article 232 of the Tax Code of the Russian Federation, you will notice that tax agents are required to provide certain information to the Federal Tax Service at the place of registration:
- on the amount of personal income tax that has been accrued, withheld and transferred to the budget for the current tax period;
- on the income of individuals within the past period.
At the same time, the time for payment of personal income tax by a tax agent is limited to April 1 (no later) of the year that follows the reporting one. If the payment of the corresponding deductions has been delayed, then the employer is responsible.
Nuances of deductions
When you need to pay personal income tax, which has been accrued and withheld, it is quite simple to determine:
- the day on which funds were transferred from the bank from the accounts of tax agents to the accounts of the taxpayer or third parties, according to his instruction;
- on the day when the actual funds for tax payment were received at the bank.
It is important to make efforts to make payment no later than these dates, as otherwise fines are possible.
There are other conditions for transferring the amount of payment:
- on the next day after the tax amount has actually been withheld (relevant for the form of income that is received in the form of material benefits or in kind);
- on the day following the actual receipt by taxpayers of income (we are talking about cash).
The timing of the payment of personal income tax to the budget is especially important for accounting, when the company has a large staff of employees who receive various types of income: material benefits, temporary disability benefits, wages, vacation pay, etc. In this case, calculations related to withholding and payment of income tax individuals take a long time.
The most common type of income that a tax agent has to deal with is monetary reward for performing various types of duties, services and work, that is, wages.
Tax deductions
When studying the calculation procedure and the timing of the payment of personal income tax, it is worth paying attention to the fact that the amount of taxation can be reduced through deductions established by the Tax Code of the Russian Federation.
Under tax deductions it is worth understanding the amount determined by law that can be taken from the tax base in the process of calculating personal income tax. You can find out the specific size and types of tax deductions in articles of the Tax Code of the Russian Federation from 218 to 220 inclusive. By their type, deductions can be social, professional, property and standard.
At the same time, it is important to know that the tax agent has the ability to subtract all of the above types of tax deductions from income, with the exception of social ones. In order to receive these funds, the employee should contact the department of the Federal Tax Service. His request will be satisfied after he submits. income statement for the last reporting year.
As for the property tax deduction, companies present it only in two cases:
- Then, when the employee acquires an apartment or begins the construction of his own housing. In this situation, the employee is obliged to submit to the accounting department of the company a tax certificate confirming the right to a property deduction.
- During the payment to individuals of income resulting from operations related to the purchase and sale of securities that they own.
The provision of tax deductions of the standard type is possible not only for full-time employees, but also for those specialists who carry out their activities in the interests of the company on the basis of a civil law contract. But such deductions can only reduce the amount of income taxed by personal income tax. In this case, a rate of 13% is used. Moreover, the amount of income taxed at a different tax rate, say, 9%, will not decrease by the amount of tax deductions.
Studying the procedure and deadlines for paying personal income tax, you need to pay attention to professional deductions. This type of reduction of payments is provided by the enterprise only to those persons whose cooperation is carried out through a civil labor agreement. This can be an assignment, contract or copyright agreement.
A decrease in employee income by the amount of tax deduction occurs every month.
Amount of tax deductions
The procedure and deadlines for paying personal income tax include knowing the exact amount of deductions from employee income. If we talk about standard numbers, then in this case we are talking about several amounts: 3000, 500, 600 and 400 rubles.
If it so happens that the tax deduction exceeds the employee’s income, then there is no need to withhold personal income tax (according to Article 210 of the Tax Code of the Russian Federation). Now more specifically about the numbers above:
- On a deduction of 3,000 rubles. those workers who have suffered as a result of nuclear weapons tests (article 218) can count on. This item of tax legislation is relevant for those who are related to events that occurred at the Chernobyl nuclear power plant, the Mayak production association and the Shelter facility. Similar deductions are also true for people with disabilities of groups I, II, and III, who became so because of injury, injury, or shell shock in the defense of the USSR, as well as the Russian Federation.
- Deductions in the amount of 500 rubles are applied to employees with the title of Hero of the Russian Federation or the Soviet Union. Also, this amount is deducted from the income of those who have been disabled since childhood, awarded the Order of Glory of three degrees, became disabled I-II groups or suffered from nuclear and atomic disasters (here we are talking about employees who are not entitled to a deduction of 3,000 rubles .).
- In the event that the employees of the enterprise do not fall into the two groups indicated above, then the amount of 400 rubles is deducted from their income, which is the standard monthly tax deduction. But in this situation, there are some restrictions: such a deduction will be made until the employee’s income exceeds the level of 20,000 r. As soon as this happens, 400 p. will no longer be deducted.
The procedure and deadlines for the payment of personal income tax in the case of those employees who have children are adjusted for the tax deduction of 600 rubles. monthly for each child under the age of 18, or a full-time student (under the age of 24). Such a tax deduction can also be considered relevant for guardians or trustees until the moment when their income at a rate of 13% does not exceed the mark of 40 thousand rubles.From the month in which this salary will be displayed, a tax deduction in the amount of 600 p. no longer paid.
How tax agents should calculate the amount of payment
The current tax rate, according to which it is necessary to pay personal income tax, is 13%. Therefore, when determining the tax base, the amount of payment should be calculated as corresponding to the indicated rate. In this case, the full information, which displays the terms of payment of personal income tax by a tax agent, is contained in article 224 of the Tax Code.
According to it, all entrepreneurs, Russian organizations and representative offices of foreign companies should calculate, withhold and pay personal income tax, as a result of cooperation with which Russian citizens receive cash rewards.
As for professionals such as lawyers, their income is calculated, withheld and paid by legal advice, bar associations and bureaus. These and the above organizations are defined by the legislation of the Russian Federation as tax agents.
The tax should be calculated from all income of an individual, the tax agent being the source of which.
Withholding of the tax amount occurs when paying income to the employee. If it so happened that the tax agent does not have the ability to withhold the amount determined by law, then he is obliged to report this circumstance to the appropriate authority (branch of the Federal Tax Service) at the place of actual registration. In this case, the debt of the taxpayer will be recorded.
More details on payment deadlines
The entrepreneur must independently calculate, declare and comply with the deadline for the payment of personal income tax. Touching on the topic of exact dates, it is worth noting that there are some nuances that you should know in order to avoid unpleasant situations.
As you know, after the tax year is closed, the entrepreneur, on the basis of a tax return, must make the relevant payments by July 15 of the year following the reporting year. But at the same time, the tax agent must also make advance payments.
Here's what the personal income tax payment deadline looks like in this situation:
- Advance payment for January-June is made no later than July 15. In this case, you need to pay half the annual amount of advance payments.
- Deductions for June-September are made no later than October 15. In this case, we are talking about a quarter of the annual volume.
- The period from October to December involves making payments until January 15 of the following year. Here you will also have to list one fourth of the annual amount of advance payments.
The process of calculating the amount of advance payments is carried out directly by the tax service on the basis of the information that was obtained through the taxpayer declaration for the past reporting year.
If you ignore the obligation regarding advance payments, you will have to deal with fines.
Who should pay personal income tax
In order not to become subject to penalties, it is important to know which categories of taxpayers are required to file a declaration and comply with the deadline for paying personal income tax. These are the following groups of citizens:
- persons who are not tax agents of the Russian Federation, but at the same time receive income on the basis of a civil law contract;
- those who use rental property as a source of income;
- persons carrying out entrepreneurial activities without creating a legal entity;
- individuals who received a certain amount by winning;
- citizens whose source of income is the donation of cash, property, securities, excluding close relatives and family members;
- persons who are residents of the Russian Federation, but receive income outside the state;
- those who managed to earn income through a share of the authorized capital;
- the accrual and deadline for the payment of personal income tax is relevant for those who become the assignee of the author of a work of art and science, and also receive authorship of a particular invention for a fee;
- Persons receiving income from their private professional practice;
- Russian citizens who received money through the sale of immovable and movable property that had been in their ownership for less than 3 years;
- individuals who received money in any way and did not transfer personal income tax.
Those individuals who are hired workers should not remember the timing of the payment of personal income tax for the year, since all calculations and payments are made by the employer. But in case of obtaining income from those sources that were not previously recorded, it is necessary to fill out a declaration. Form 3 of personal income tax is provided for the process of declaring such income. This document should display information about those income that is taxable, as well as various deductions and benefits.
Deadline for payment of 3 personal income tax
Individuals falling into the self-employed category must submit this reporting form to the local tax authority from January 1 to April 30 of the year that follows the reporting one.
Thus, the tax payment period of 3 personal income tax allows individuals to draw up the necessary reports within 4 months. As for the actual payment, it must be made before July 15 of that year, which follows the expired tax period.
As for the declaration of estimated income, it must be returned within 5 days from the moment the first income was received.
How to pay personal income tax on vacation
Initially, it is worth noting that an employee who has worked in the organization for 6 months has the right to arrange vacations in advance. At the same time, employees sometimes quit without having time to work on this vacation. In this case, the debt may be withheld by the accounting department at the final settlement. But at the same time, the maximum that can be withheld is limited to 20% of wages.
If this interest was not enough to pay off the debt, the former employee is obliged to voluntarily pay the missing amount. Otherwise, the funds will be returned by court.
When this issue is resolved, the accounting department makes appropriate adjustments to the records on the withholding of personal income tax from vacation pay. In order to determine the deadline for paying personal income tax on vacation pay, you need to know two principles defined by the Tax Code:
- the payment must be made no later than the day following the date when the employee actually received vacation pay at the cash desk of the enterprise;
- transfer must be made no later than the date when money was transferred to the employee’s account through a bank.
If the leave has not been used, then the employee may be offered monetary compensation, which is also defined as income and is taxable.
How do individual entrepreneurs pay personal income tax
The bulk of the payers of tax on personal income are individual entrepreneurs. In their case, the income that is subject to taxation must be calculated minus the expenses incurred by the entrepreneur in the course of his activities.
The category of such expenses includes the following costs:
- salary;
- material costs;
- depreciation;
- costs of a different type.
Along with this, each entity is required to maintain a book of income and expenses, which will display the entire course of activities carried out by the individual entrepreneur.
If an employee often goes on business trips, then the following principle should be considered: tax resident recognizes a person who stays in the territory of the Russian Federation for 183 days a year. At the same time, the days of stay in Russia include the dates of departure and entry.
In the case of a foreigner who was hired, his tax status should be determined according to this scheme: if he stays in the territory of the Russian Federation for less than 183 days, his income is taxed at a rate of 30%. If the time spent inside the country exceeds 183 days, the rate is reduced to 13%.
As for the citizens of the Republic of Belarus, the following principle applies to them: those income received by such an employee during the year on the territory of the Russian Federation are taxed in accordance with the rates and in the manner prescribed for tax residents of the Russian Federation.
It is important to recall that even with correctly declared data, the timing of the payment of personal income tax by an individual is very important, and they should be followed.
In all other nuances, both the form for filing a declaration and the form for paying tax do not differ significantly from the scheme used in the case of individuals.
The form for filling out a payment order also has a standard form. As for the receipt for paying personal income tax, it can be obtained without any problems at any bank, office supply store or tax office.
The consequences of tax evasion
If the deadlines for the payment of personal income tax by legal entities, as well as individuals, were ignored, then a fairly wide range of penalties comes into force. If we take into account the type of responsibility, the punishment measures can be divided into two categories:
- liability of tax payers - individuals;
- responsibility of individual entrepreneurs and organizations - tax agents.
If personal income tax is not paid, the deadlines for paying tax are ignored, then the law provides for a fine of 20% of the payment amount. A penalty can be accrued only if the agent withheld the tax, but there was no transfer to the budget.
If the terms of tax payment were not met when making deductions for personal income tax, the daily interest rate is 1/360 of the refinancing rate of the Central Bank of the Russian Federation.
In conclusion, it is worth recalling that the deadline for the payment of personal income tax comes:
- for self-employed persons and individual entrepreneurs - until July 15 of the year following the tax period (in one payment) and during the year in three payments;
- in the case of hired employees, the employer deals with the issue of payment and makes it no later than the day when the employee was paid the income (Article 226 of the Tax Code of the Russian Federation).
Thus, having a little understanding of the essence of the topic, you can no longer have questions regarding the timing and nuances of paying personal income tax.
