The tax rate on dividends will not change for violations of the payment - 12 October 2011

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19:00 The tax rate on dividends will not change for violations of the payment
The tax rate on dividends can not vary depending on the time of their payment. This was recently announced the Ministry of Finance in its letter № 03-04-06/3-225 September 19, 2011. The tax rate on dividends is determined by paragraph 4 of Article 224 of the Tax Code. Recall that the payment of dividends under Article 42 of the Federal Law № 208-FZ dated 26 December 1995 amounts to no more than 60 days after the decision, if a shorter period is specified in the Articles of Association. Officials noted that the tax rate on dividends of 9 percent (p.4 st.224 Tax Code) does not depend on the timing of their payments. Therefore, even if society and tightened with payments, the tax on personal income in this situation will not change, and will continue to be 9 percent. In addition to the material, we note the following fact. Amounts paid to the founders of the first nine months can not be considered dividends, as the magnitude of net profit for the year less than for the period from January to September. Therefore, these payments will be subject to personal income tax at a rate of 13 percent. This was explained in the decision of the Moscow District of FAS 09.02.11 № KA-A40/17184-10. In due time we will also publish material on payments of dividends and non-standard situations that have arisen in this case. More details can be consulted by clicking on the link. In conclusion we would like to recall the practice of arbitration on the issues of tax rates on dividends. Arbitration at the time explained the issues of interim payments to the founders. When they were higher than on the basis of the calendar year, such payments are deemed received donated property. Therefore, the founders must keep personal income tax on 13 percent rate. But if the founder is a legal person - 20 percent. This is also mentioned in a letter to the Federal Tax Service of Russia of 19.03.09 № @ SHS-22-3/210 and a letter from the Russian Ministry of Finance 24.12.08 № 03-03-06/1/721.
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