What are the premium taxes? Types of premiums, features of their taxation

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Every citizen officially working in any company can receive not only a salary, but also various bonuses. They are presented in numerous varieties. Their main purpose is to reward specialists for a job well done. At the same time, each employer must know what taxes the bonus is subject to in order to transfer the necessary payments to the Federal Tax Service in a timely manner.

Types of incentives

They can be paid by employers on various grounds. Such incentives can be expressed not only in cash, but also in kind. This is especially true for organizations specializing in the production of any goods that are significant for the population.

Bonuses to employees can be paid for different periods of time, on the basis of which the following varieties are distinguished:

• monthly incentives are paid out on strictly scheduled dates, and payments are usually the same in size;
• quarterly are calculated based on the performance of the enterprise forthree months, and the performance of each specialist of the company is also taken into account;
• annual payments are paid at the end of the year, and often they are so significant in size that they are called the thirteenth salary.

In addition, one-time incentive payments should be highlighted. Such awards are assigned to employees of the enterprise who distinguished themselves at work. They are usually presented as rewards for high performance or achievements. It is not uncommon for companies to pay such bonuses for some significant holidays.

Are bonuses taxed? All of the above types of payments are part of the salary of citizens, therefore they are generally subject to personal income tax on the basis of Art. 209 NK.

Which payments are tax deductible?

In art. 217 of the Tax Code lists different types of incentives from which employers may not calculate and pay personal income tax. Therefore, it is possible to find out whether bonuses are taxed only after their purpose and features are determined. Personal income tax is not charged on payments represented by rewards for any significant achievements in science, culture or other important areas of activity. Such payments can be not only domestic, but also international or foreign.

No tax is paid on bonuses awarded to the highest officials of Russia.

Additionally, this includes gifts that are provided to employees by the management of the enterprise, but their value should not exceed 4 thousand rubles.rub.

Payout concept

All types of bonuses are represented by a variable element of the employee's salary. They are calculated on the basis of certain achievements of each specialist during a specific period of time. They usually act as an incentive, assigned monthly, on various holidays, or based on the results of the enterprise's work during the year.

The basis for assigning a bonus is the corresponding regulation on bonuses adopted at the enterprise. It is represented by the company's internal documentation and is usually developed at the request of the organization's management. With a well-written document, the employer can avoid many negative consequences. Therefore, a bonus provision is required for different purposes:

• no claims from employees of the Federal Tax Service;
• preventing disputes with staff members regarding the correct calculation of various benefits or payments;
• opportunity to stimulate specialists to achieve high performance.

The basic rules for the transfer of funds are contained in Art. 57 TK.

Terms of payment of funds

It is important for employers to understand not only what taxes the bonus is subject to, but also under what conditions it is allowed to pay it to employees. These conditions include:

• If the director of the company wants to pay bonuses to employees at the end of the year based on the available retained earnings, then this issue, according to Federal Law No. 208, should be decided at a meetingfounders.
• Some industry agreements provide for the payment of incentives to citizens for length of service or after production facilities are put into operation.
• 129 TK.
• If there is a trade union in the company, then decisions made regarding the transfer of additional funds to employees are made jointly with its representatives.

Based on Art. 135 of the Labor Code, after the accrual of payments, the accountant must draw up a special certificate, and the head of the enterprise issues an order. It includes all citizens who received cash payments. Based on these documents, income tax is paid on the bonus of each employee.

Legislative regulation

The procedure for the payment of funds and the payment of taxes is regulated by numerous articles of the Labor Code. The main provisions of this and the Tax Code relevant to the issue under study include:

• st. 129 of the Labor Code indicates that the bonus acts as a way to encourage employees, therefore it is issued in addition to the salary;
• st. 144 of the Labor Code contains information that the payment can act as a motivational method of personnel management;
• st. 191 of the Labor Code establishes that funds are paid only for labormerit;
• st. 207 Tax Code contains data on what taxes the premium is subject to;
• st. 217 of the Tax Code includes information that funds received for achievements in significant areas are not taxable.

In addition, you should study the provisions of regional acts and internal documentation of each company. Is the lump sum withholding taxes or not? It depends on the purpose and features of this payment. If it is not represented by an award for significant achievements in science or technology, then personal income tax must be paid from it.

The nuances of calculating and paying income tax

Almost all types of bonuses are represented by the official income of citizens, so income tax must be paid from them. For its calculation, on the basis of Art. 209 NC, general procedure applies.

If a company transfers funds to citizens on a monthly basis, taking into account the production results of employees, then the management issues an order on the basis of which the bonus is tied to the performance of employees.

To calculate the tax, you need to determine 13% of the amount paid. At the same time, an additional premium is paid in 6-personal income tax. If the accountant for any reason does not indicate this information in this document, then he and the entire company will be held administratively liable.

Paying premiums

What are the premium taxes? In most cases, it is required to pay personal income tax from it, but in addition, companies must calculate and transfer insurance premiums for employees. This is due to the fact that anyofficial transfers of funds to employees paid on the basis of an employment contract are subject to payments to various extra-budgetary funds as required by the provisions of Federal Law No. 212.

Insurance premiums are transferred even if the incentive is presented in kind. Deductions are sent to the PF, FSS and MHIF. The procedure is implemented on the day when the company's management issues an order to reward employees. Therefore, the transfer of funds to the funds directly on the day the incentive is issued is a violation on the part of the company's accountant.

If a premium is paid that is not required to pay income tax, then insurance payments are not transferred from it either.

The nuances of paying contributions

Initially, the head of the company issues a bonus order, which lists all employees who receive payments from the organization. Further, the accountant in the month when funds are actually paid to citizens, calculates and deducts personal income tax and insurance premiums.

If funds are taken from retained earnings, account D84 is used. If other sources are used, D91-2 applies.

How is tax determined for a one-time bonus?

Quite often in companies for various achievements in the process of carrying out activities, one-time incentives are assigned to employees. For them, tax is also necessarily calculated and paid.

The amount of the premium under such conditions is subject to insurance premiums.

Such requirements apply not only to those payments thatassociated with good performance, but also with bonuses dedicated to various festive events in the company.

Can the tax be reduced?

The Tax Code does not contain any information that can reduce the amount of taxes or insurance premiums charged on the income of officially employed citizens. But employers themselves can use some tricks.

If a payment is assigned for any significant event, then it can be issued in the form of a gift, from which personal income tax is not required. But the value of such a gift cannot exceed 4,000 rubles.

In order not to transfer insurance premiums from gifts, the relationship between the company and employees should be formalized by concluding a civil law contract. Such features of taxation are due to the fact that, according to Art. 420 of the Tax Code, income received by a citizen on the basis of a GPC agreement, according to which the right of ownership of any property is transferred, is not subject to insurance premiums. Therefore, the employer and employees simply enter into a competent written donation agreement, for which the requirements of Art. 574 GK.

Reporting rules

The company must report to the Federal Tax Service on all payments made to employees. This includes not only salary, but also bonuses. Therefore, it is included in the financial statements. Firms must report to the inspectorate regarding the payment of wages and other payments to employees, thereforepremium in 6-personal income tax.

Mistakes in calculations or documents are grounds for bringing organizations and officials to administrative or criminal liability. The employees themselves, upon detection of violations, can file a complaint with the labor inspectorate or the court.

Conclusion

Bonuses are considered a certain way to encourage employees. They may be provided in cash or in kind. At the same time, employers should be well versed in what taxes these payments are subject to. They are required not only to correctly calculate and withhold personal income tax, but also to transfer insurance premiums for employees.

There are some premiums that are exempt from income tax. It is not required to pay it from gifts, the value of which does not exceed 4 thousand rubles. Therefore, companies often use such nuances of taxation to reduce the amount of personal income tax.