What are dividends? Income from securities: calculation and taxation

Dividends are part of the profit that is distributed among the founders. They are calculated per share. Profit paid is distributed in proportion to the number of securities owned by a particular person. The whole 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 of the Russian Federation, a dividend is the income received by a participant from an enterprise when distributing funds that remain after taxation, depending on the type and quantity of securities.

Dividends do not include payments:

• which are carried out upon liquidation of the enterprise, to the participant in kind, in cash, not exceeding the shareholder’s contribution to the capital;
• in the form of transfer of securities to the property;
• non-profit structure for the implementation of non-entrepreneurial activities or produced by companies whose capital consists of deposits.

Who is eligible to receive dividends? Income is paid only to holders of securities.

Types of shares

The security confirms the individual’s contribution to the enterprise and gives the right to receive a share of the profit. Therefore, the capital of AO consists of the nominal value of the placed shares. Federal Law No. 26 defines two types of these securities: ordinary and preferred. The proportion 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 right of participants to purchase securities sold by another participant, and during the consolidation of 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, then they form one whole.

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

A preferred share entitles the holder to receive a fixed payment. Its size is set as a percentage of the value of the security. They cannot participate in meetings or somehow influence the activities of the organization. The amount of payment due upon the liquidation of the enterprise is regulated by the charter. If an organization provides for shares of several types, the charter must also determine the sequence, timing and amount of payments.

How are dividends accrued?

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

Limits

In Art. 43 of Federal Law No. 26, restrictions on payment are described. In particular, the organization cannot announce the payment of income on the Central Bank:

• until full payment of the Criminal Code;
• before the repurchase of securities, which are subject to redemption;
• if on the day of the decision there is a threat of bankruptcy of the enterprise or if it may arise after the transfer of funds;
• if the value of net assets is less than its authorized capital, reserve fund, or if such a situation may arise after the transfer of funds;
• if we are talking about the Central Bank, the amount of payments for which is not determined by the charter.

It is also forbidden to pay dividends on preferred shares, unless pre-paid income to holders of ordinary securities. Usually the decision on payment is made based on the results of work for the year.

How are dividends calculated?

The income payable is determined based on the interest rate:

-% = Profit / AC x 100%.

Example

For the payment of dividends for 2015, 22 thousand rubles are allocated. The organization’s management capital is 10 thousand rubles, the nominal value is 20 rubles, and the number of securities is 50 thousand.

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

440 rubles per share. (22: 50).

BOO

Dividends are income that is paid out of the net profit remaining after tax. They can be accumulated in a special reserve fund. Payment is made in cash or other property. Consider how the calculation and accounting of dividend income in accounting:

• DT84 “Uncovered loss” KT75 “Settlements on payment of income” - dividends are accrued to shareholders who are not employees.
• DT84 KT70 “Settlements with personnel” - income was accrued to shareholder employees.
• DT75 (70) KT68 “Personal income tax calculations” - personal income tax is withheld from accrued amounts.
• DT75 (70) KT51 (50) - accrual of "net" dividends to shareholders.

Consider how the accounting of income (dividends) paid by property is carried out:

• DT84 KT75 (70) - accrual of dividends.
• DT75 (70) KT68 - from the accrued amounts withheld personal income tax.
• DT75 (70) KT90 (91 “Other income”) - the value of the property with VAT, which was transferred in repayment of the dividend payment debt.
• DT90 (91) KT68 - VAT on transferred property is included.
• DT90, KT43 (41, 20, 26) - the cost of the transferred property was written off.
• DT91 KT01 (10) - the value of assets issued in the form of dividends is written off.

Upon liquidation of an AO, the payment of accrued dividends on all shares, except for ordinary ones, is carried out secondarily, simultaneously with the liquidation value of the Central Bank.

Example

The procedure for taxing dividends depends on the organization’s income from equity participation in other enterprises and on the availability of tax resident status of the Russian Federation for an individual.

Suppose an enterprise received income from equity participation during the year. The UK consists of 1,000 shares. Of these, 700 pieces belong to Russian enterprises, 50 pieces. - to foreign enterprises, 200 pcs. - individuals and 50 residents. - non-resident individual. The meeting of shareholders 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.

The income payable to non-residents is 5 thousand rubles (100 rubles x 50 pcs.). Since individuals and organizations own 50 pieces. shares, the total amount of payment is 10 thousand rubles. Accordingly, residents are allocated 90 thousand rubles. (100 rub. X (700 + 200) pcs.).

WELL

Taxation of income in the form of dividends received by individuals is regulated by the letter of the Ministry of Taxes and Duties of the Russian Federation No. SA-6-04 / 942. NPP is calculated for a calendar year, and each quarter is considered a reporting period. For enterprises that calculate advance payments every month based on profits, this same period is the estimated. Thus, for calculating the NPP in the distribution of income for the second quarter of 2015, the reporting period will be six months of 2015, and the first quarter of 2015 will be the previous one. Dividend income tax is calculated at a rate of 9%.

Funds to the budget must be transferred no later than the day the money is received at the bank or the day the funds are transferred to the account. It depends on which of the listed dates has come earlier. If dividends are transferred to a credit institution or sent by postal order, the date of receipt of income is the day the funds are transferred.

Example

In 2015, the company made a profit of 266 thousand rubles. The meeting of shareholders decided to direct this amount to the payment of income to the founders. The UK is divided into 100 shares, of which 60 are owned by the head of the organization, 40 are - non-resident individual. The following transactions are formed in the balance:

- DT84 KT70 - 159.6 thousand rubles. (266: 100 x 60) - dividends are paid to the director.

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

Postings:

- DT84 KT75-2 - 106.4 thousand rubles. (266: 100 x 40) - income is accrued to a non-resident.

Taxation of non-resident income

If a double taxation treaty has been concluded between the Russian Federation and another country , the tax rate is 9%. If there is no such legislative act, the amount paid is taxed at a rate of 15%. If the specified act is available, then the tax amount is calculated by the formula:

Personal income tax withholding = ((Nd: Au) x Au - PD) x 9%:

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

Example

In 2015, the company made a profit of 266 thousand rubles. This amount includes 150 thousand rubles. income from equity. The meeting of shareholders decided to pay dividends. Income will be distributed between two founders: a director and a non-resident. The first holds 60 shares, and the second - 40. Consider the entries in the control unit:

• DT84 KT70 - 159.6 thousand rubles. (266: 100 x 60) - dividends are paid to the head.
• DT84 KT75-2 - 106.4 thousand rubles. (266: 100 x 40) - dividends are accrued to a non-resident.

The amount of tax payable on the income of the founder is calculated as follows:

- 106.4 x 0.15 = 15.96 thousand rubles.

- (266 x 0.6: 266) x (266 - 150) x 0.09 = 6.264 thousand rubles.

PIT at a rate of 30%

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

Personal income tax = Dividend amount x 30%.

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

• end of tax period;
• expiration of the contract under which the agent pays 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. The legislation on this case does not provide any restrictions. Depending on whether the founder is a resident or not, dividends are taxed on a common basis.

Income received by inheritance is subject to taxation under special conditions. The object of inheritance is the right to receive funds. Therefore, from the amount paid, it is necessary to withhold personal income tax at a rate of 9% or 15% and transfer them to the budget in a timely manner.

The basis for calculating the tax is the money actually received and the amount of funds that the founders received the right to dispose of. The date of receipt of income is the date of payment. 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 general taxation.