Any company pursues the goal of making a profit. An equally important point is to distribute this monetary increase wisely. We are not interested in the share of financial resources that go to further development of production. The topic we will touch on is the payment of dividends and the reflection of this operation in the financial statements.
What it is
Dividends are a portion of an organization's profits that are paid to shareholders. To receive his share, the owner of the company's shares must pay all the necessary payments. Most often, the co-founders of the company become shareholders. By investing at the stage of formation of an organization, they want to increase their capital.
According to the legislation of the Russian Federation, dividends are income that participants or shareholders receive from a company. Profit remaining after taxation is distributed proportionally. Interest payments on preferred shares also fit this definition.
- the payment that the shareholder receives in the event of reorganization or liquidation of the company (the amount does not exceed the size of the initial deposit);
- funds transferred by non-profit organizations to employees to fulfill the clauses of its charter;
- payments in the form of transferring ownership of shares of the same company to shareholders.
Types and forms
Types and forms of dividends are distinguished, taking into account various characteristics.
| By category of shares for which accrual | |||
| For ordinary shares: these papers confirm the right to receive a share of income; upon liquidation of an organization - the right to a share of property. | For preferred shares: owners of this type of securities receive income first; upon liquidation of the enterprise, such shareholders have a priority right to receive their share of the funds. |
||
| By payment frequency | |||
| annual | semi-annual | quarterly | monthly (very rare species) |
| By payment amount | |||
| full | partial | ||
| By method of receipt | |||
| As expected | |||
| Basic | Additional: are paid if a decision is made on additional payments |
||
An organization can pay dividends in two forms:
- money - this type is preferable for the investor because it gives him more rights in relations with the organization. Failure to receive payments or receipt of payments in full obliges the company to pay interest for the delay;
- property (including company shares).
Video: Calculation in 1C Accounting 8
The procedure for calculating dividends in LLC
The legislation of the Russian Federation does not allow an LLC to pay dividends to shareholders more often than once a quarter. The decision on the allocation of funds is made at a general meeting of the organization’s participants.
It is more advisable to hold such meetings at the end of the year. In this case, the owners of securities can immediately count on the maximum possible profit. The law prohibits LLCs from holding meetings earlier than 60 calendar days after the close of the year.
Shareholder meetings are very important. They agree on the terms of payment of proportionally distributed profits and other statutory provisions.
The period should not exceed two months from the date of the decision. If the time period was not approved at the meeting, then it is automatically 60 days.
If the company does not pay dividends, any co-founder can go to court. You can receive funds for the past 3 years.
LLC has no right to pay cash (or other alternative form of payment) to individuals and legal entities in the following cases:
- before payment of the authorized capital in its full amount;
- if the organization is declared insolvent in the manner prescribed by law;
- if the company's capital is less than its net assets.
An individual must pay personal income tax. The amount of tax depends on whether the person is a resident or non-resident of the state. Since 2015, citizens have paid 13% of their total income to the treasury.
A legal entity also needs to pay income tax. It may vary depending on the specific conditions of each particular case. A 0% rate, for example, is paid by participants who own more than 50% of the shares in the authorized capital during the year before the decision to pay a portion of the income.
How to calculate dividends with simplified tax system 6%
Organizations that are guided by a simplified taxation system when calculating payments calculate net income as the difference between accounting profitability and the single tax.
For simplicity, let's consider this example. The company applies the simplified tax system for “income” objects (6%). At the meeting it was decided to make payments to shareholders from net profits. Tax resident of the Russian Federation I.P. Petrov was accrued the amount of 50,000 rubles. The deadline for issuing the amount was set at September 2.
The first step is to calculate the amount of personal income tax. It must be withheld from the payment amount. The legislation defines a rate of 13% for Petrov I.P.:
50,000 rub. * 13% = 6,500 rub.
We deduct tax from the payment amount.
50,000 rub. — 6,500 rub. = 43,500 rub.
On September 2, 43,500 rubles were transferred to I.P. Petrov. On the same day, personal income tax in the amount of 6,500 rubles is paid to the budget (see clause 6 of article 226 of the Tax Code of the Russian Federation).
Payments
The most common payment method is cash.
This simple form has several subtypes:
- cash payments on a regular basis;
- additional charges;
- special dividends;
- liquidation payments.
Payment in shares is of interest, first of all, to owners of securities interested in expanding their capital and receiving more income on subsequent payments.
The payment procedure takes place in 4 stages:
- announcement date – a decision on payment is made and the timing of subsequent stages is set;
- ex-dividend date - after this day, purchased shares do not give the right to receive part of the income for the previous period;
- day of census of securities owners - registration of shareholders who have the right to receive a proportional share of profits;
- date of payment.
Deadlines
At the general meeting of shareholders, not only the amount of proportional payments is approved, but also the period within which they must be paid. All founders must be informed about them on the day of the meeting.
Joint-stock organizations and limited liability companies have the right to make payments not only at the end of the year, but also for six months, a quarter or a month. Deadlines are not regulated by law.
Taxation
Since January 1, 2015, changes have occurred in the Tax Code of the Russian Federation related to the taxation of dividend recipients.
| Payee | Type of tax | Tax rate |
| Individual – resident of the Russian Federation | Personal income tax (NDFL) | 13% |
| Individual – non-resident of the Russian Federation | Personal income tax | |
| A Russian organization that owns more than half of the shares of Management Company LLC for at least one year from the date of the decision to pay | Income tax | 0% |
| Russian company that does not fall into the above category | Income tax | 13% |
| Foreign company | Income tax | 15% (or other rate provided for by international agreements) |
Causes and consequences of non-payment
The reasons why a company did not pay dividends on time are divided into respectful and disrespectful. Respectful cases include cases where the shareholder himself has not fulfilled the necessary conditions. For example, he must provide the company with his bank details on time.
It happens that a shareholder, changing his name, surname or patronymic, forgets to notify the organization about this. However, after the mistake is corrected, the JSC is obliged to pay the offending individual his share of the profit.
The organization may refer to lack of finances. Such cases are considered unjustified reasons. The law (for more details, see Articles 309 and 310 of the Civil Code) does not relieve the debtor of his obligations. The owner of the company's securities can demand payment of the required funds through the judicial authorities.
Non-payment may also occur due to the absence of the responsible employee at the workplace on time. Another common situation is transferring funds by mistake to another bank card.
In Art. 402 of the Civil Code states that the actions of an employee in such cases are identified with the actions of the company itself. Thus, the entire organization is responsible for the negligence of one employee.
Recipients
Not only shareholders, but also nominal holders of shares can receive part of the income. According to the conditions established by law, they must be on the register.
The board of directors of the organization, before each meeting of shareholders, is obliged to create a list of individuals and legal entities entitled to receive a portion of the profits.
If, after the listing date, the shares are sold to another person, the former owner still has all rights to the funds. The new owner of shares can receive payments only on the basis of a power of attorney executed on behalf of the previous owner.
The following order for receiving dividends has been established:
- owners of preferred shares who have advantages over owners of other preferred securities;
- owners of preferred shares for which the amount of payments is established in the organization’s charter;
- owners of preferred shares for which the amount is not established;
- owners of ordinary shares.
Date of accrual in accounting
Although the law does not clearly define the required period for making payments, some recommendations can be found. Clause 4 of the Federal Law “On Joint Stock Companies” says that money must be paid no later than 60 days from the date of the meeting at which the corresponding decision was made.
Thus, the organization has the right to reduce the period, but not increase it. After the expiration of the specified time period, a delay occurs, and the company is responsible to the shareholders in accordance with the requirements of the law.
Postings
Accountants must reflect in the documentation the payment process. To do this, it is best to use a separate settlement with the co-founders for dividend payments (subaccount 75-2) and an account indicating staff remuneration (account 70).
To display payments in the report, you must use the following transactions.
| Postings | Application |
| Debit 84 Credit 75 | Calculation of dividends to persons not included in the company's staff |
| Debit 84 Credit 70 | Calculation of payments to persons included in the staff |
| Debit 75 Credit 68 | Withholding personal income tax |
| Debit 75 Credit 51 | Accrued funds (excluding personal income tax) were transferred to the account of a shareholder who is not an employee of the company. |
| Debit 75 Credit 50 | The payment was made to the company's cash desk |
| Debit 75 Credit 90 | The value of the property that was transferred to pay off the debt |
| Debit 90 Credit 68 | VAT on the value of property transferred to pay off debt |
| Debit 90 Credit 43, 41, 20, 26 | Cost of goods issued as dividends |
| Debit 91 Credit 01, 10 | Value of assets issued as dividends |
| Debit 91 Credit 99 | Profit from transferred property determined |
| Debit 75-2 Credit 91 | Share par value |
| Debit 68 Credit 51 | Withholding taxes are transferred from the account |
Who makes the decision and issues the order?
The decision is made by the general meeting of shareholders. Additionally, the following points should be discussed: the amount of payments for each category, form, procedure for receipt, date. An amount greater than that recommended by the board of directors cannot be approved at the meeting.
The decision gains legal force if the minutes of the meeting have been drawn up, which must include the following points:
- document number and date of creation;
- date and place of the meeting;
- issues on the agenda;
- signatures of all meeting participants.
Payment and transactions with dividends are subject to the current legislation of the Russian Federation. The actions of a specialist accountant related to this type of payment are also regulated.
Knowing their rights and obligations, investors and joint-stock companies will protect themselves from unwanted situations and confirm their reputation.
Each founder of an enterprise or organization has the right to receive profit from the activities of such an organization. One of the types of profit that a shareholder of a business entity receives is dividends. In this article we will introduce you to the concept of dividends, the specifics of their calculation and payment, as well as standard accounting entries.
Dividends are understood as part of the enterprise’s profit, which is subject to distribution among the founders, participants and other shareholders of the business entity. The size of the payment is determined depending on the share of shares owned by a particular person, as well as on their type.
The procedure for paying dividends is determined at the general meeting of shareholders, where it is decided what amount will be paid to each of the shareholders, and the frequency of such payments is also determined. The shareholders' decision is recorded in a corresponding act. As a rule, dividends are paid once a year, less often - once every six months or once a quarter. Payments to shareholders in the last two cases are called interim or preliminary.
The legislation provides for cases when a company cannot make payments to shareholders. These include:
- threat of bankruptcy;
- arising as a result of payment;
- The authorized capital of the company's participants has not been contributed in full.
The amount of dividends is subject to taxation. The company makes payments to shareholders at the time of payment. According to changes made to the Tax Code, the tax rate is:
- for domestic companies from .2015 is 13%,
- for non-resident companies or individuals – 15%.
Typical entries for accrual and payment of dividends
When distributing profits, account 84 is used as dividends. Payments are made from the account.
Let's look at accounting methods and standard accounting entries using examples.
Example of entries for dividend payments to residents and non-residents
Let's say:
At the end of the year, Molniya LLC made a profit of 365,000 rubles. At the general meeting of shareholders, a decision was made to distribute profits as dividends to shareholders. The authorized capital of Molniya LLC is distributed into 110 shares, of which a citizen of Argentina owns, and the owner of 85 shares is a resident.
According to the decision recorded in the act of the shareholders’ meeting, the accountant of Molniya LLC made the following entries:
| Dt | CT | Description | Sum | Document |
| 84 | Calculation of dividends to a resident shareholder (RUB 365,000 /110 *85) | RUB 282,045 | Act of the shareholders meeting | |
| 84 | 75/2 | Accrual of dividends to a non-resident shareholder (RUB 365,000 /110 *25) | RUB 82,955 | Act of the shareholders meeting |
| 68 personal income tax | Withholding personal income tax from resident dividends (RUB 282,045 * 13%) | RUB 36,666 | Act of the shareholders meeting | |
| 75/2 | 68 personal income tax | Withholding personal income tax from non-resident dividends (RUB 82,955 * 15%) | RUB 12,443 | Act of the shareholders meeting |
| Transfer of the amount of dividends to the resident founder (RUB 282,045 - RUB 36,666) | RUB 245,379 | Payment order | ||
| 75/2 | Transfer of the amount of dividends to the founder, a citizen of Argentina (RUB 82,955 - RUB 12,443) | 512 rub. | Payment order |
Dividends and loss
Let's imagine the situation:
By decision of the shareholders of Sever Plus LLC, interim dividends were paid based on the results of 6 months in the amount of 428,000 rubles. The payment was made to the director of Sever Plus LLC, L.K. Spiridonov, who is a tax resident. At the end of the year, according to the financial results report, Sever Plus LLC incurred a loss, and therefore the interim payment to Spiridonov is not recognized as dividends.
These transactions were reflected in the entries as follows:
When paying dividends, do not forget about the deadlines for transferring taxes, violation of which entails fines and penalties.
Postings for accrual of dividends to the founders are formed at the time of distribution of net profit among interested parties. Payments are made from funds accumulated in account 84 on the loan. The procedure for distributing money can be initiated at different intervals - at the end of a quarterly period, half a year or at the end of the year. This is stated in Art. 28 clause 1 of the Law of February 8 under No. 14-FZ.
Dividends accrued to founders: posting
The decision on the upcoming payment is made at the general meeting of LLC participants. the results are documented in a protocol. The right to distribute profits is assigned to the general meeting by Law No. 14-FZ in Art. 33 paragraph 2 and art. 37 clause 8. If there is only one participant, the justification will be the decision of this person. If there is a large number of founders, profits are divided among them in proportion to the share of participation in the capital.
When accounting for dividends is maintained, entries are generated with the obligatory participation of account 84. During accrual operations, this account is debited. Credit turnover can be processed by different groups of accounts. The choice of account depends on the category of recipients. Payments can be made in favor of founders who:
- are individuals;
- represented by legal entities.
If profits are distributed in favor of individuals from among the company’s employees, then the accrual of dividends to an employee will be posted in the accounting department through entry D84 - K70. For separate accounting of dividend payments and regular wages, a separate sub-account is opened for account 70 for settlements with the founders-full-time employees. When dividends are accrued to employees of an organization, the deduction from their income tax amount is drawn up between D70 and K68.
Dividends to employees are entered into the salary account, and if the founders are legal entities or individuals, but they are not hired by the organization on the basis of an employment contract, then the accounting entries will be different. In this situation, correspondence is drawn up between D84 and K75.2. Withholding of personal income tax is formalized by posting D75.2 - K68.
Dividends accrued on shares: posting
When paying income to shareholders, the role of tax agent is performed by the company paying the dividends. Income can be issued to shareholders in two ways:
- in monetary terms;
- in kind.
Accrual of dividends to shareholders - posting between:
- D75.2 – K50 when issuing funds through the organization’s cash desk to pay dividends on shares;
- D75 – K90 when issuing income in kind to reflect the valuation of finished products transferred to the shareholder;
- D90 - K43 is used to write off the cost of goods issued.
When dividends are accrued to shareholders, the tax entry may look like this:
- D90 – K68 when calculating VAT on products that were issued as dividend income;
- D75 – K68 is used to reflect personal income tax amounts withheld from cash income of shareholders.
Payment of dividends: postings
Income of founders and shareholders in the form of dividends, regardless of the method of receipt, must be accrued with subsequent withholding of taxes. The last stage of the remuneration transfer procedure will be the transfer of dividends; the postings will differ for different groups of recipients. Withholding of tax payments is shown in accounting by the date of payment of income. The transfer of taxes to the budget is reflected by entry D68 - K51 (for non-cash methods).
Typical payment transactions:
- D70 – K50 or 51 – dividends were paid to the founders, posting for settlements with the founders from the category of hired personnel;
- D75.2 – K50 (51) for payment to other groups of participants.
If the enterprise is unprofitable in a situation where dividends are paid, the posting of accruals from profits and withholding personal income tax is reversed. After this, a new entry is generated, attributing the costs of settlements with the founders to other costs:
- D91.2 – K73 when calculating payments.
- D73 – K68 for withholding income tax.
- D73 – K50 (51) – payment of funds.
In situations where the accrued amounts of dividend payments turned out to be unclaimed by one or more founders, a record of writing off such assets is generated. This operation is carried out by debiting account 70 or 75 (depending on which account was used when calculating income) and crediting account 84.
Dividends received: postings to the recipient of funds
In situations where income from the activities of an enterprise in the form of dividends is received not by an individual, but by an organization, it must reflect such income in its accounting. To do this, they are transferred to other income. To calculate the amount of income tax, dividends received in the reporting period are reflected in the number of non-operating income items.
Receipt of dividends is reflected in accounting entries through the following accounts:
- D76.3 – K91.1 the amount of dividends that are subject to transfer in favor of the receiving party is credited to the income of the institution;
- D50 (or 51, sometimes 52) – K76.3 dividend income received by the enterprise.
The date of generation of income in the form of dividends should be the day the decision on payment was made (clause 7 and clause 16 of PBU 9/99). These amounts are reflected in line 2310 in the balance sheet.
A limited liability company is a form of doing business in which the procedure for calculating and paying dividends largely depends on the decisions made when creating the enterprise, taking into account changes made during the work process. Let's look at the procedure for calculating dividends in an LLC payable in 2018, with examples.
Documents for counting
Dividends are payment to a company participant of a portion of the net profit. Profit is calculated according to accounting rules. The period for which profit is taken into account is determined by the charter of the LLC.
In 2018, payments are due for the results of 2017, as well as for the results of quarters and half-years of 2018. The period for which dividends can be accrued is determined by the constituent documents of the company and legislative acts of the Russian Federation.
The main acts that determine the procedure for this payment are:
- 14-FZ “On LLC” dated 02/08/1998;
- Tax Code of the Russian Federation;
- charter of the company;
- minutes of the regular/extraordinary meeting of LLC participants.
Due to the fact that the main provisions of the Federal Law “On LLC” must be enshrined in the charter, it is enough for the founder or other person who calculates the amount of dividends to familiarize themselves with the constituent documents. You also need to know the provisions of the Tax Code of the Russian Federation regarding the procedure for accrual, taxation and payments to members of the company.
When signing the founding document of an LLC - the charter, participants are required to agree on the following provisions related to the accrual of funds:
- profit sharing scheme (in proportion to contributions or based on other calculations);
- restrictions on the redistribution of profits (a list of circumstances under which dividends are not accrued, except for those already defined by law).
There are also a number of rules defined by law that the owners of the company do not have the right to change in the provisions of the charter:
- periods of redistribution of net profit;
- the procedure for making decisions on payments;
- circumstances under which participants have the right to redistribute profits.
In addition to acts defining general provisions on how to calculate dividends in an LLC, each payment must be preceded by a mandatory document - a decision of the general meeting.
The legislator and fiscal authorities make the following requirements for this act:
- the meeting must be held according to the rules defined by the Charter;
- all decisions on the redistribution of profits are made unanimously;
- the protocol must state the circumstances that confirm the existence of profits for redistribution, as well as indicate information about the absence of conditions under which distribution of profits is impossible;
- The participants decide by decision to determine the procedure, form and timing of settlements.
When making a decision, it is important to follow the meeting procedure. To a greater extent, this warning applies to those members of a limited liability company who plan to calculate profits based on the results of the quarters of the current year.
If the charter of the LLC stipulates that the regular meeting can be held only once a year, then when convening an extraordinary meeting, you need to coordinate your actions with the norms of the constituent act.
The minutes must be signed by the LLC participant presiding at the meeting.
If the company's documents do not reflect information that confirms the owners' right to payments from profits, as well as the procedure for making these payments, then no settlements can be made. Payment can only begin after the company’s documentation is in order.
Calculation procedure
Basic information required to determine payments: 
- the amount of net profit based on the results of the reporting period for which the decision on its redistribution was made (data is in the financial statements of the enterprise);
- the size of shares in the authorized capital of each participant as a percentage;
- Availability of available funds to make payments.
If, when calculating, there is no reason to use any other system for determining the amount of redistributed profit due to each of the participants, then an example of how to calculate dividends in an LLC may look like this:
- The company has three owners with shares in the following percentage ratio: Participant 1 (P1) – 20%, Participant 2 (P2) – 45%; Participant 3 (U3) – 35%.
- At the end of 2015, the company’s net profit amounted to 362,514 rubles.
- The authorized capital is fully formed.
- The value of net assets is more than 5 million rubles.
- The calculated part of dividends for U1 is 362,514*20% = 72,502.80 rubles; for U2 – 362,514*45%= 163,131.30 rubles; for U3 – 362,514*35%=126879.9 rub.
The figures indicated in the fifth paragraph are estimates and cannot be issued for payment to participants in pure form. Before making a payment in favor of the owners, the executive body of the LLC (directorate) must perform the function of a tax agent:
If these actions are not completed, then as part of the next inspection by the fiscal authorities, the LLC will be fined a large amount, and will also have to fulfill the obligations of the tax agent to withhold taxes from dividends paid.
You can calculate dividends in an LLC under the simplified tax system according to the above scheme. The main difference in this case arises when calculating the amount of net profit to determine the total amount for distribution between the founders. This total amount is calculated according to the formula: “the net profit of the enterprise for the reporting period” minus “the simplified tax system paid for this period” is equal to “capital for redistribution between owners.”
The subsequent division of the total amount between the participants is carried out according to the above scheme.
Tax rules
The obligation of the executive body of an LLC as a tax agent depends on the status of the participants.
Possible statuses:
- citizen of the Russian Federation;
- foreigner;
- entity.
Government bodies cannot be the founders of an LLC, except in exceptional cases, which are regulated by separate federal laws.
Payments to citizens of the Russian Federation
For a citizen of the Russian Federation, accrued dividends are taxable income and personal income tax must be paid on them. The personal income tax rate for this type of accrual is 13%.
The calculation of deductions from dividends in an LLC in 2016 can be considered using an example: deductions from the payment due under U1 will be 72,502.80 * 13% = 9,425.36 rubles.
Accordingly, an amount of 72,502.80 – 9,425.36 = 63,077.44 rubles may be eligible for payment.
Personal income tax in the amount of 9,425.36 rubles. The LLC management must independently transfer it to the appropriate budget accounts.
Payments to foreigners
Dividends for foreigners are subject to personal income tax at an increased rate of 15%.
If, for example, U2 is a non-resident of the Russian Federation, then the personal income tax calculation is as follows: 163,131.30 rubles * 15% = 24,469.69 rubles. The amount to be paid is 138,661.60 rubles.
Dividends for legal entities
A participant in an LLC - a legal entity under the general taxation system - pays income tax (0-9%) on dividends received.
For legal entities using the simplified tax system (simplified taxation system), no tax obligations associated with receiving part of the distributed profit arise.
Dividends instead of salary to the director of an LLC: video
The most common way to spend net profit is to distribute it among the owners of the company. For this purpose, companies transfer dividends to their founders depending on their shares in the authorized capital (Clause 1, Article 43 of the Tax Code of the Russian Federation). Let's see how these payments should be reflected in accounting and tax accounting under the simplified tax system.
Accounting. To pay dividends to founders who are not on staff (organizations and individuals), use account 75 subaccount “Settlements with founders for payment of income.” And to reflect dividends to founder-employees, use account 70. These are the requirements of the Instructions for the chart of accounts, approved by Order No. 94n dated October 31, 2000. Let's consider the postings for the payment of dividends under the simplified tax system. Depending on the specific option, make one of the following entries on the date when the participants or shareholders decided to pay dividends:
— dividends have been accrued to a company or individual founder who is not an employee of the organization;
DEBIT 84 CREDIT 70
— dividends are accrued to the founder, who is an employee of the company.
At the time of payment of dividends, make the following entry:
DEBIT 75 subaccount “Settlements with founders for payment of income” (70) CREDIT 51 (50)
— Dividends were paid in cash.
Tax accounting. Dividends are not an expense. Therefore, by their amount you will not be able to reduce the tax base for the single tax with “simplified taxation” (clauses 1 and 2 of Article 346.16, clause 1 of Article 252 of the Tax Code of the Russian Federation).
As for other taxes, the organization paying the dividends is the tax agent. This means that you need to withhold personal income tax from the transferred amounts to the owners (if the recipient is an individual) or (if the recipient is a company).
Personal income tax rates are: 13% for resident citizens and 15% for non-residents (subclause 5 of article 346. 11, paragraph 2 of clause 3 and clause 4 of article 224 of the Tax Code of the Russian Federation).
Income tax rates: 13% for Russian organizations, 15% for companies (subclause 5 of article 346. 11, subclause 2 and 3 of clause 3 of article 284 of the Tax Code of the Russian Federation).
Please note that income tax and personal income tax at a rate of 13% should be calculated according to the same rules (clause 3 of Article 214 and clause 5 of Article 275 of the Tax Code of the Russian Federation).
If your organization itself has not received dividends, then calculating the tax is very simple. To do this, multiply the amount of dividends paid to the founder by the tax rate (13%).
If your company itself received dividends last or current year, then calculate the tax as follows.
First, determine the share of dividends of a particular founder in the total amount of dividends payable to participants by decision of the meeting.
Then calculate the tax itself (personal income tax or income tax) using the formula:
As for contributions to the Pension Fund, FFOMS and Social Insurance Fund, they do not need to be accrued when paying dividends. Since dividends do not apply to remuneration received for fulfilling duties under employment and civil contracts (clause 1, article 7 of the Federal Law of July 24, 2009 No. 212-FZ and clause 1 of Article 20.1 of the Federal Law of July 24, 2009 No. 125 -FZ). Specialists from the Federal Social Insurance Fund of the Russian Federation share a similar opinion (letters dated December 18, 2012 No. 1503-11/08-16893 and dated November 7, 2011 No. 140311/0813985).
And do not forget to report to the tax office on dividends paid and taxes withheld from them. So, when paying money to a Russian organization, fill out an income tax return. Its form was approved by order dated March 22, 2012 No. ММВ-7-3/174@. However, you do not need to fill out the entire declaration. Prepare only the title page, subsection 1.3 of section 1 and sheet 03. And send this information to the Federal Tax Service at the end of the year no later than March 28 (clause 4 of article 289 of the Tax Code of the Russian Federation).
When sending dividends to a foreign company, submit to the inspectorate the completed tax (information) on the amounts of income paid and taxes withheld. The calculation form was approved by order of the Ministry of Taxes and Taxes of Russia dated April 14, 2004 No. SAE-3-23/286@. The deadline for submitting this calculation to the inspection at the end of the year is no later than March 28 (clause 1 of Article 287 and clause 3 of Article 289 of the Tax Code of the Russian Federation).
Report the amounts transferred to an individual in a certificate in Form 2-NDFL (Order of the Federal Tax Service of Russia dated November 17, 2010 No. ММВ-7-3/611@). Submit it to the Federal Tax Service no later than April 1 of the year following the year of payment of dividends (clause 2 of Article 230 of the Tax Code of the Russian Federation).
Example
LLC “Success” uses a simplified method. At the end of 2014, the company received a net profit in the amount of 1,000,000 rubles. It included income from equity participation in other companies - 200,000 rubles.
On April 7, 2015, the founders of the organization decided to use the entire amount of profit to pay dividends in the following amounts:
— A.R. Soklakov (director, resident, 60% participation share) - 600,000 rubles.
— O.G. Brown (non-resident, not an employee of Success LLC, 30% share) - RUB 300,000.
— LLC “Riga” (Russian company, 10% share) - 100,000 rubles.
Let's see how the accountant of Success LLC reflected the dividend payment operations in the accounting records and what taxes he paid on the transferred amounts. On April 7, 2015, the company’s accountant made the following entries for the payment of dividends under the simplified tax system:
DEBIT 84 CREDIT 70
— 600,000 rub. — dividends accrued to A.R. Soklakov;
DEBIT 84 CREDIT 75 subaccount “Settlements with founders for payment of income”
— 300,000 rub. — dividends accrued to O.G. Brown;
DEBIT 84 CREDIT 75 subaccount “Settlements with founders for payment of income”
— 100,000 rub. — dividends accrued to Riga LLC.
Personal income tax on income of O.G. Brown is equal to 45,000 rubles. (RUB 300,000 × 15%).
Personal income tax on dividends A.R. Soklakov’s accountant thought so. First, he calculated his share of dividends in the total amount of dividends of participants - 0.6 (600,000 rubles: 1,000,000 rubles). And then he determined the amount of tax - 62,400 rubles. .
The accountant determined the income tax on dividends paid by Riga LLC as follows. First, he calculated the share of the organization’s dividends in the total amount of participants’ dividends - 0.1 (100,000 rubles: 1,000,000 rubles).
Then I calculated the income tax - 10,400 rubles. .
Loading...
