What are dividends? Income from securities: calculation and taxation

Dividends are a part of the profit that is distributed among the founders. Calculated for one share. The paid profit is distributed in proportion to the number of securities belonging to a particular person. The entire process associated with the calculation and calculation of amounts is regulated by Federal Law No. 26 "On Joint Stock Companies".

Taxation

According to Art. 43 of the Tax Code, the dividend is the income received by the participant from the enterprise in the distribution of funds that remain after taxation, depending on the type and amount of securities.

Dividends do not include payments:

• Which are carried out at liquidation of the enterprise, to the participant in kind, in monetary form, not exceeding the size of the contribution of the shareholder to the capital;
• In the form of transferring the Central Bank into ownership;
• Non-commercial structure for the implementation of non-entrepreneurial activities or produced by companies whose capital consists of deposits.

Who has the right to receive dividends? The income is paid only to the holders of securities.

Types of shares

The security confirms the contribution of physical persons to the enterprise and entitles them to receive a share of profits. Therefore, the capital of AO consists of the nominal value of the placed shares. FZ No. 26 identified two types of these securities: ordinary and preferred. The share of the second in the total capital of the organization should not exceed 25%.

All shares are registered, that is, they are assigned to the owners. When exercising the participants' right to buy securities sold by another participant, and when consolidating shares, fractional securities may arise. Their accounting is carried out according to general rules. If a person buys two or more fractional securities of the same type, they form one whole.

Ordinary shares allow their owners to participate in a meeting of participants, to vote, to receive income in the form of dividends, and in the case of reorganization - part of the property. The amount of payments depends on the financial standing of the organization.

Preferred share entitles the owner to receive a fixed payment. Its size is set as a percentage of the value of the security. They can not participate in meetings or somehow influence the activities of the organization. The amount of payment due at liquidation of the enterprise is regulated by the charter. If the organization provides for several types of shares, the charter should also specify the order, terms and amount of payments.

How are dividends accrued?

Income can be paid every quarter, half year or year. The decision on the transfer of funds should be made during the next quarter after the reporting period at the shareholders' meeting. The amount of payment should not exceed the recommended by the board of directors. The deadline and procedure for settlements are determined by the charter. If these conditions are not prescribed in the document, then the term should not exceed two months from the date of the decision on payment.

Limits

In Art. 43 FZ No. 26 describes the payment limits. In particular, the organization can not announce the payment of income on the Central Bank:

• Before the full payment of the Criminal Code;
• Before the redemption of the Central Bank, which are subject to redemption;
• If on the day of making a decision there is a threat of bankruptcy of the enterprise or if it can arise after the transfer of funds;
• If the value of net assets is less than its Criminal Code, the reserve fund or if such a situation may arise after the transfer of funds;
• If it is a question of the Central Bank, the size of payments on which is not defined by the charter.

It is also forbidden to pay dividends on preferred shares if the income has not been previously paid to holders of ordinary securities. Usually the decision on payment is made on the basis of the work results for the year.

How are dividends calculated?

The income to be paid is determined on the basis of the interest rate:

-% = Profit / UK х 100%.

Example

To pay dividends for 2015, 22 thousand rubles are sent. CC of the organization is 10 thousand rubles., The nominal value - 20 rubles., The number of securities - 50 thousand pieces.

% = (22: 10) x 100% = 220%.

For one share is 440 rubles. (22:50).

BOO

Dividends are income that is paid out of the net profit remaining after the payment of taxes. They can accumulate in a special reserve fund. Payment is made in cash or in other property. Let's consider how the calculation and accounting of dividend income in the accounting institution is carried out:

• ДТ84 "Uncovered loss" KT75 "Settlements on income payment" - dividends were paid to shareholders who are not employees.
• ДТ84 КТ70 «Settlements with the personnel» - the income to shareholders-employees is added.
• ДТ75 (70) КТ68 "Settlements of personal income tax" - with accrued amounts withholding personal income tax.
• ДТ75 (70) КТ51 (50) - accrual of "pure" dividends to shareholders.

Let's consider, how the account of incomes (dividends) paid by property is carried out:

• ДТ84 КТ75 (70) - accrual of dividends.
• ДТ75 (70) КТ68 - with the added sums of personal income tax is withheld.
• ДТ75 (70) КТ90 (91 "Other income") - the value of the property with VAT, which was transferred to pay off the debt for the payment of dividends.
• ДТ90 (91) КТ68 - the VAT from the transferred property is considered.
• ДТ90, КТ43 (41, 20, 26) - the cost price of the transferred property is written off.
• ДТ91 КТ01 (10) - the value of assets issued in the form of dividends was written off.

In case of liquidation of the JSC, payment of accrued dividends on all shares, except for ordinary shares, is carried out in the second turn, simultaneously with the liquidation value of the CB.

Example

The procedure for taxing dividends depends on the organization's income from equity participation in other enterprises and on the presence of the status of a tax resident of the Russian Federation in physical persons.

Suppose an enterprise received an income from equity participation within a year. The CC consists of 1,000 shares. Of these, 700 are owned by Russian enterprises, 50 pcs. - to foreign enterprises, 200 pcs. - Individuals residents and 50 pcs. - natural persons-non-residents. The shareholders' meeting decided to pay 100 rubles per share. The organization received dividends from a third-party company in the amount of 10 thousand rubles. The amount to be distributed is: 100 x 1,000 = 100 thousand rubles.

Income, payable to non-residents, is 5 thousand rubles (100 rubles x 50 pcs.). Since individuals and organizations own 50 items each. Shares, the total amount of payment is 10 thousand rubles. Accordingly, 90 thousand rubles are put to the residents. (100 rubles x (700 + 200) pcs.).

WELL

Taxation of income in the form of dividends received by natural persons is regulated by letter No. SA-6-04 / 942 of the Ministry of Taxes and Tax Collection of the Russian Federation. The NPP is calculated for a calendar year, and the accounting period is considered to be every quarter. For businesses that calculate advance payments every month based on the profits received, the same period is calculated. Thus, to calculate the NPP for the distribution of revenues for the second quarter of 2015, the reporting period will be six months of 2015, and the previous - the first quarter of 2015. The tax on income in the form of dividends is calculated at a rate of 9%.

Funds must be transferred to the budget not later than the day of receiving money from the bank or the day of transfer of funds to the account. This depends on which of the listed dates occurred earlier. If dividends are transferred to a credit institution or sent by postal transfer, the date of receipt of income is the date of transfer of funds.

Example

In 2015, ZAO received a profit of 266 thousand rubles. The shareholders' meeting decided to send this amount to pay the incomes to the founders. The Criminal Code is divided into 100 shares, of which 60 belong to the head of the organization, 40 pcs. - natural persons-non-residents. In the balance are formed such postings:

- ДТ84 КТ70 - 159,6 thousand rubles. (266: 100 x 60) - Dividends are accrued to the director.

The amount of personal income tax payable is: 159.6 x 0.09 = 14.364 rubles.

Postings:

- ДТ84 КТ75-2 - 106,4 thousand rubles. (266: 100 х 40) - the income is added to the non-resident.

Taxation of non-resident income

If a treaty on avoidance of double taxation is concluded between Russia and another country , the tax rate is 9%. If such a legislative act is not available, the amount paid is subject to taxation at a rate of 15%. If the specified certificate is available, the amount of tax is calculated by the formula:

NDFL to withholding = ((Нд: Од) х Од - Пд) х 9%:

• Nd - accrued dividends;
• Od - the total amount of payment;
• Пд - the received sum of dividends.

Example

In 2015, ZAO received a profit of 266 thousand rubles. This amount includes 150 thousand rubles. Income from equity participation. The shareholders' meeting decided to pay dividends. The income will be distributed between the two founders: the director and not the resident. The first belongs to 60 pieces of shares, and the second - 40 pcs. Consider the entries in the BU:

• ДТ84 КТ70 - 159,6 thousand rubles. (266: 100 х 60) - dividends are added to the head.
• DT84 KT75-2 - 106.4 thousand rubles. (266: 100 х 40) - dividends are accrued not to a resident.

The amount of tax payable from the founder's income is calculated as follows:

- 106.4 x 0.15 = 15.96 thousand rubles.

- (266 х 0,6: 266) х (266 - 150) х 0,09 = 6,264 thousand rubles.

Personal Income Tax at a rate of 30%

Taxation of income at an increased rate is provided only if there is no information on the holders of the Central Bank. Such a situation can arise if the interests of the founders are represented by an authorized person or a depository. All calculations are carried out according to the formula:

NDFL = The amount of dividends x 30%.

The amount of tax must be transferred within a month from the moment of occurrence of one of such events:

• The end of the tax period;
• Termination of the term of the agreement, under which the agent pays the income to the holder;
• Payment of funds.

Special cases

Even if one of the founders is another organization, you still need to withhold personal income tax. In the legislation for this case, no restrictions are provided. Depending on whether the founder is a resident or not, on a general basis, dividends are taxed.

Incomes received in the order of inheritance are subject to taxation on special terms. The object of inheritance is the right to receive funds. Therefore, with the amount paid, you need to withhold personal income tax at a rate of 9% or 15% and timely transfer them to the budget.

The basis for calculating the tax is actually the money received and the amount of funds that the founders have the right to dispose of. The date of payment is recognized as the date of receipt of income. Therefore, the day when the shareholder refused to receive income, is considered the date of receipt of funds by the organization. Such amounts are also subject to taxation on general grounds.