Transfer of dividends within the framework of the salary project. Rules for transferring dividends to the founder: payment order, order, protocol Transfer dividends to the card
How to pay dividends to LLC founders in 2019: step-by-step instructions
We presented the dividend payment scheme to LLC founders in 2019 in the form of convenient step-by-step instructions. There are several stages. After all, until the money due ends up in the owner’s pocket (wallet) or in the owner’s account, it goes through a certain path. Moreover, direct settlements with participants are far from the end of the procedure.
If the company formed its capital a long time ago, then check another point - whether the participants dropped out or not. In case of elimination, a mandatory condition is a full settlement with those who left. That is, when a company has some debts, you can forget about the distribution of profits temporarily, until the arrears are repaid.
Payment of dividends to LLC founders: foundations in 2019, tax rate, step-by-step instructions
The company can make payments to its founders when carrying out activities that result in a positive financial result. It can be determined intermediately based on data from interim financial statements, that is, for 1 quarter, half a year, 9 months.
Since a loss may be incurred by the end of the year, it is recommended to make payments to the founders throughout the year, only if you are confident that in the end a profit will be made during the year. Most often, interim dividend payments are observed in small enterprises.
Is it possible to transfer dividends to a salary card?
When transferring dividends, the brokerage account is simply increased by the amount of payments due. The transfer period is 25 days from the date of closure of the register. At the same time, the trader can sell the shares at a favorable price even the very next day, while retaining the right to receive dividends.
The first method is intended more for professional traders who enter the stock market through the mediation of a broker. They have the right to indicate exactly how they will receive dividends: to a current brokerage account or directly to a bank account. Some brokers only allow the first option to exist.
The procedure for paying dividends to founders of an LLC in 2019
The deadline for issuance is either contained in the charter or established by the meeting. But it cannot go beyond the period of 60 days from the date of the meeting that made the decision on payments (clause 3 of Article 28 of Law No. 14-FZ). If the period is not fixed anywhere, then it is considered to be 60 days.
- for profit - in the form of a declaration, which, in addition to the title page, includes subsection 1.3 of section 1 and sheet 03, submitted to the Federal Tax Service within the deadlines established for such reporting: interim - before the 28th day of the month following the reporting period, final (for the year) - until March 28 of the following year.
Dividend payment terms
It should be noted that there is no special document for processing payments. The organization can develop the form independently. Standard forms can also be used, which are filled out when funds are transferred to another account or funds are issued from the cash register: payment order, cash order, etc.
Participants receive dividends exclusively from net profit, that is, after the tax has been paid and all transfers to each fund have been made. The rule regarding the procedure for determining the amount of profit to be distributed is enshrined in Article 42 of the Federal Law on Joint Stock Companies No. 208. The net profit of such organizations is determined according to accounting data. There is no such provision in the LLC law.
Rules for transferring dividends to the founder: payment order, order, protocol
In the case when an organization is created on the basis of authorized capital, it must periodically share its income with those who founded it, as well as shareholders. Actually, dividends are those funds that remain after paying taxes, insurance premiums, salaries and other things. They are the income of shareholders who, through the purchase of shares, invested in the enterprise, and can now receive the part of the profit they deserve.
- supervisor the enterprise that must pay the funds specified in the protocol;
- those workers companies directly affected by these payments;
- executor of this decision, i.e. the main accountant.
Is it possible to transfer dividends on a salary project?
Good afternoon. An organization (LLC) transfers dividends to the account of the founder (individual). Since January 2019, the bank began charging a commission for such transfers. To avoid this commission, the bank offered to conclude an agreement with him on a salary project and transfer dividends without commission. But we have doubts from the point of view of the tax inspectorate - will they want to recognize these transfers as wages and accrue insurance premiums to the Pension Fund of the Russian Federation and the Federal Compulsory Compulsory Medical Insurance Fund accordingly?
Good afternoon. An organization (LLC) transfers dividends to the account of the founder (individual). Since January 2019, the bank began charging a commission for such transfers. To avoid this commission, the bank offered to conclude an agreement with him on a salary project and transfer dividends without commission. But we have doubts from the point of view of the tax inspectorate - will they want to recognize these transfers as wages and accrue insurance premiums to the Pension Fund of the Russian Federation and the Federal Compulsory Compulsory Medical Insurance Fund accordingly? Dividends are accordingly documented in the minutes of the meeting, once a quarter.
Order on payment of dividends to founders
In order to issue dividends, it is necessary to hold a general meeting of the founders and participants of the organization, in the amount of at least 50% of their total number - only in this case the meeting will be recognized as having taken place. It must be properly recorded, taking into account the opinions of all participants, then a decision must be made indicating to whom and in what amount the money should be transferred as dividends. The basis for the decision is the company’s reporting papers based on the results of financial activities. Based on the decision, an order is then issued on behalf of the director of the enterprise.
An order for the payment of dividends can be written in free form - there is currently no unified form for it. There is only one exception here: if an organization has a document template approved in its accounting policy, then, of course, the order must be created according to its type.
You can transfer dividends to the cards of the founders
LLC dividends are necessarily calculated taking into account the share of the founders in the authorized capital of the company, therefore, even at the stage of company registration, the issue of shares must be approached with great responsibility. Since only the founders (participants) of the company can receive dividends from an LLC, this is their main source of income from their “brainchild”. The law does not prohibit any (or all) members of the company from holding any positions in it and receiving a salary. Then wages will be the second source of income for the entrepreneur.
- Rule one: only from net profit (after the company has paid taxes).
- Rule two: do not issue dividends if there is a fact or risk of bankruptcy, the price of net assets does not exceed the authorized capital, or there are debts to retired members of the company. In order to accrue and pay dividends to the founders, the authorized capital of the company must be paid in full.
- Rule three: before paying dividends, you must withhold and then transfer income tax or personal income tax to the budget.
- Rule four: in order to pay dividends for the founders of the LLC, there must be no recorded uncovered loss in the financial statements.
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.
Every founder, shareholder and organization in which the funds of such persons are invested must learn the procedure for paying dividends.
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Let's figure out what rules to follow in 2019 when calculating and paying dividend amounts.
Every organization that operates at the expense of the authorized capital created by the founders or shareholders must periodically share its income with the founders.
It is in such cases that the question arises - what are dividends, how, to whom exactly and when are they paid, how are they calculated, and are they subject to any taxes.
Basic moments
If you have only heard about dividends superficially, then you are unlikely to be able to figure out how they are calculated, in what terms and in what amounts. Lack of knowledge will add to your problems with regulatory authorities.
In order to pay such funds to the founders of the enterprise, it is worth studying the norms of the legislation of the Russian Federation, analyzing individual regulations and reviewing examples of judicial practice.
Concepts
Dividends in the Russian Federation are part of the enterprise’s profit that is paid to shareholders after taxes and other mandatory payments have been made.
A shareholder is an individual or legal entity who has invested in shares of an organization with the goal of acquiring a certain income from the increase in their value at the exchange rate.
Only shareholders can count on the return of the invested amount in business development. That is, the company receives profit and shares it with the shareholder, proportionally distributing the funds received in accordance with the share of each such person.
Deadlines
The timing of dividend payments directly depends on the organization’s decision. The company's charter or shareholders' meetings establish a schedule for the accrual and payment of dividends to the founders.
If payment periods are not approved, then funds are released to shareholders within 60 days from the date dividends are declared ().
During this period, the shareholder must receive accrued profit. Dividends are paid from the funds remaining after all taxes have been paid. Such income is determined on the basis of accounting reports.
Typically, dividends are transferred at the end of the financial year. Although the company can set other deadlines, for example, after six months or a quarter.
If the founder is not given the due funds, he has the right to collect the amount of debt from the OJSC for 3 years.
There are the following restrictions on dividend payments:
Normative base
If you need to calculate dividends, you should refer to the following documents:
Some questions regarding dividend payments must be answered in the Tax Code of Russia.
How is dividend payment organized?
The terms and rules of payment are determined by the company (by decision of the meeting). The general meeting may decide not to pay dividends.
In this case, the funds are directed to business development, to reserve funds, etc. The right to make dividend payments is not absolute.
How to calculate correctly?
After the decision is made to pay dividends, and the list of persons entitled to them is approved, the accounting department faces difficult work.
Dividends should be calculated for each shareholder separately. The charter specifies the specifics of the distribution of funds in compliance with Russian legislation.
The total income indicator that is determined for payment to shareholders must be multiplied by the percentage of contributions of amounts to the authorized capital by such persons.
This is how dividends due to participants are calculated:
| Count 75 | Accrued dividends are paid |
| Dt 84 Kt 75.2 | After the payment amount has been determined |
| Dt 75.2 Kt 70 | The payment of dividends to the employee shareholder is reflected |
| Dt 75.2 Kt 68 | Personal income tax accrued on dividend payments to individuals |
| Dt 68 Kt 51 | Tax paid |
| Dt 75.2 KT 91 | The amount of the par value of securities is reflected |
| Dt 91 Kt 58.2 | Reflection of the amounts of expenses that accompany the purchase of a bill of exchange, which is recorded in account 58.2 |
| Dt 91, 99 Kt 99, 91 | Financial results are determined upon disposal of documents |
| Dt 75.2 Kt 90 | The amount of the selling price of the product, which is equal to the amount of income, etc. |
The company that pays dividends is a tax agent for income tax (Russian Federation), for personal income tax (clause 2 of Article 214 of the Tax Code).
It does not matter in what form the transfer is made. The company acts as a tax agent under any tax regime, taking into account whether the shareholder has the status of a resident or non-resident.
The rules for calculating income tax are special when making transfers of dividends:
- foreign legal entities;
- Russian enterprises.
Funds can be received by:
- company employees;
- individuals who were not employed by the company, but are the owners of shares.
Funds are accrued using the 1C Accounting or 1C Salary and Human Resources program. Let's look at the features of accrual in the second program.
There are 2 types of accruals:
- employee;
- shareholder.
The program should create a “Calculation of company dividends”, where the amounts will be distributed
Enter information about the company, terms of accrual, enter the amount.
Click “Fill” and enter “Accruals” into the table. In cases where the shareholder is also an individual, click “Add” and then follow the prompts. Calculate the amount of dividends.
When transferring dividends, it is worth opening the documents “Wages payable...” and “Cash expenditure orders”. 
In the software for individuals according to accruals:
- mutual settlements are not carried out;
- no records are kept of the amount of dividends and personal income tax that was accrued.
When viewing the movement in the “Dividend Accrual” document registers by clicking “Go”, there will be movements for employees, but not for individuals. 
A movement will be made according to the accumulation register:
Dividends and personal income tax are reflected as follows:
The OJSC independently determines which types of shares will have priority in payments. Shareholders have the right to expect timely receipt of funds in the established amount.
If the established rules are violated, shareholders can take part in voting at meetings regarding all issues under consideration.
Documentary justification for the decision to issue amounts
Having received a profit and decided to distribute it among the members of the founding staff, it is worth considering that such actions must be supported by documents.
That is, such operations must be carried out in accordance with the standards adopted by Russian legislation.
Formation of an order
In order to correctly reflect in the documentation the division of income between shareholders, it is worth drawing up an order in accordance with the established rules on the transfer of dividend amounts.
Minutes of the meeting
At the meeting, a decision is made on whether it is advisable to charge interest (the voting method is used). Usually in OJSC it is carried out every year, no later than 6 and no earlier than 2 months after graduation.
Participants are given a period of up to 4 months. Sometimes profits are distributed every quarter, based on the results of 6, 9 months.
There are no uniform requirements for document formation. In the protocols drawn up in accordance with paragraph 1 of Art. 28, paragraph 6 of Art. 37 of act No. 14-FZ:
- list those present;
- the agenda is announced;
- the result of the voting is reflected;
- write down the number and date of preparation;
- reflect the place where the meeting was held;
- participants sign.
After making a decision, the company's management gives instructions to the chief accountant. Next, a portion of the profit is formed, which is given to each founder of the organization.
After approving the amount of payment, the company must notify all participants. Sample meeting minutes:
Existing forms of payment
Transfer of dividend funds can be made in the form:
- funds in monetary terms;
- dividends that are paid in the form of JSC shares.
The meeting participants decide to pay the funds, and the profits are sent to the dividend fund. Next, amounts are calculated.
If shareholders indicate a desire to receive shares instead of money, the funds will be transferred to share capital accounts.
Then a decision will be made to increase the authorized capital, shares will be issued for the unpaid amount. The shares pay the required amount to the founder. There are no other forms of dividend transfer.
Payment sources
There may be several sources of dividend payment in accordance with the legislation of the Russian Federation.
They are presented:
- net income in the reporting period and undistributed funds from previous periods;
- profit and share premium;
- net profit of the reporting periods.
Also, dividends to the participants of the joint-stock company are paid from the net income of the JSC in the current year.
Dividend payments can be made from a special fund of the company, which was created precisely for such purposes using funds from past periods.
Filling out a payment slip (sample)
– a settlement document with the help of which a certain amount of money is transferred to recipients’ accounts in banking institutions (clause 3.1 of the Regulations of the Central Bank of Russia).
It must be drawn up in form 0401060. Let’s look at how to correctly fill out a payment slip for the transfer of tax on dividends.
Since the beginning of 2019, the document does not necessarily contain the type, the purpose of payment in paragraph 110. Field 101 must contain information about the status of the originator:
When preparing a payment, use this example:
Payment of income tax
If an organization pays dividends to an individual, then (as mentioned above) it will act as a tax agent for personal income tax.
When transferring the due amounts, the company must withhold from the shareholder and pay it to the state treasury.
The tax must be calculated on all payments separately for each person. There is no need to reduce the personal income tax amount by deduction.
For a specific transfer, a document must be drawn up, which is submitted to the tax office before the beginning of April in the year following the reporting period.
Dividends are not subject to insurance premiums - no payments are made either to the Social Insurance Fund or to the Russian Pension Fund. What about income tax?
When determining its value, the amounts of dividends unclaimed by the founders of the LLC, which are restored as part of income, must be included in profit, which are not taken into account for taxation (according to).
Income tax on dividends transferred to legal entities is paid at the rate:
Tax payments are made no later than the day when funds are received for transfer from the cash desk or on the day funds are transferred to the participant’s account for payment orders.
Is it legal to transfer dividends to a company member to his personal bank card from the point of view of Federal Law No. 115 “On combating the legalization of income...” To be honest, we were puzzled by this at Sberbank, they believe that you can receive in cash, but you cannot transfer to a card. We read the law, but did not find anything contrary to the law in our actions. It is clear that the commission for receiving cash is higher, and this is beneficial to the bank. But what does this law have to do with it?
This law places the responsibility on banks to check transactions carried out by legal entities. If the bank has doubts about carrying out any operation, the bank has the right to request additional documents to confirm the basis for the transfer of funds. The procedure and measures of control over questionable transactions are established by internal regulations of the bank.
The rationale for this position is given below in the materials of the Glavbukh System
Article 7 Federal Law No. 115-FZ dated 07.08.2001 On combating the legalization (laundering) of proceeds from crime and the financing of terrorism
"1. Organizations carrying out transactions with cash or other property are obliged to:*
1) before accepting service, identify the client, the client’s representative and (or) the beneficiary, except for the cases established by paragraphs 1_1, 1_2 and 1_4 of this article, by establishing the following information:
in relation to individuals - last name, first name, as well as patronymic (unless otherwise follows from the law or national custom), citizenship, date of birth, details of an identity document, details of a migration card, a document confirming the right of a foreign citizen or stateless person to stay (residence) in the Russian Federation, address of place of residence (registration) or place of stay, taxpayer identification number (if any); in relation to legal entities - name, taxpayer identification number or code of a foreign organization, state registration number, place of state registration and location address;
1_1) when accepting and servicing clients - legal entities, receive information about the purposes of establishing and the expected nature of their business relationship with this organization carrying out transactions with funds or other property, and also on a regular basis take reasonable and accessible measures in the current circumstances to determining the goals of financial and economic activities, financial position and business reputation of clients;
2) take reasonable and accessible measures in the current circumstances to identify the beneficial owners, including to establish in relation to their information provided for in subparagraph 1 of this paragraph. Identification of beneficial owners is not carried out (except for cases when an authorized body sends a request in accordance with subclause 5 of this clause) in the case of accepting clients who are: government bodies, other government bodies, local government bodies, institutions under their jurisdiction, government extra-budgetary funds, state corporations or organizations in which the Russian Federation, constituent entities of the Russian Federation or municipalities have more than 50 percent of the shares (shares) in the capital; international organizations, foreign states or administrative-territorial units of foreign states with independent legal capacity; issuers of securities admitted to organized trading, who disclose information in accordance with the legislation of the Russian Federation on securities. If, as a result of taking the measures provided for by this Federal Law to identify beneficial owners, the beneficial owner is not identified, the sole executive body of the client may be recognized as the beneficial owner;
3) update information about clients, client representatives, beneficiaries and beneficial owners at least once a year, and in case of doubts about the reliability and accuracy of previously received information - within seven working days following the day such doubts arise;
4) document and submit to the authorized body no later than three working days following the day of the transaction, the following information on transactions with funds or other property subject to mandatory control carried out by their clients:
Type of operation and reasons for its execution;
The date of the transaction with funds or other property, as well as the amount for which it was made; information necessary to identify an individual performing a transaction with funds or other property (data from a passport or other identification document), data from a migration card, a document confirming the right of a foreign citizen or stateless person to stay (reside) in the Russian Federation, taxpayer identification number (if available), address of his place of residence or place of stay;
Name, taxpayer identification number, state registration number, place of state registration and address of the location of the legal entity performing a transaction with funds or other property;
Information necessary to identify an individual or legal entity, on behalf of and on whose behalf a transaction with funds or other property is being carried out, details of a migration card, a document confirming the right of a foreign citizen or stateless person to stay (reside) in the Russian Federation, identification number taxpayer (if any), address of residence or location, respectively, of an individual or legal entity; information necessary to identify a representative of an individual or legal entity, attorney, agent, commission agent, trustee performing a transaction with funds or other property on behalf of, or in the interests, or at the expense of another person by virtue of authority based on a power of attorney, agreement, law or act of an authorized state body or local government body, details of a migration card, a document confirming the right of a foreign citizen or stateless person to stay (residence) in the Russian Federation, taxpayer identification number (if available), address of residence or location, respectively, of a representative of an individual or legal entity; information necessary to identify the recipient of a transaction with funds or other property and (or) his representative, including data migration card and document confirming the right of a foreign citizen or stateless person to stay (reside) in the Russian Federation, taxpayer identification number (if available), address of residence or location of the recipient and (or) his representative, if this is provided for by the rules for committing the relevant operations;
5) provide to the authorized body, at its request, the information available to the organization carrying out transactions with funds or other property about the transactions of clients and about the beneficial owners of clients, the volume, nature and procedure for the provision of which are determined in the manner established by the Government of the Russian Federation, and credit organizations also provide information on the movement of funds in the accounts (deposits) of their clients in the manner established by the Central Bank of the Russian Federation in agreement with the authorized body. The procedure for sending requests by the authorized body is determined by the Government of the Russian Federation.
1_1. Identification of a client - an individual, a representative of a client, a beneficiary and a beneficial owner is not carried out when organizations carrying out transactions with funds or other property carry out operations to accept payments from clients - individuals, if their amount does not exceed 15,000 rubles or an amount in foreign currency , equivalent to 15,000 rubles (except for the case when employees of an organization carrying out transactions with funds or other property suspect that this operation is carried out for the purpose of legalizing (laundering) proceeds from crime or financing terrorism).
1_2. When an individual carries out a transaction for the purchase or sale of cash foreign currency for an amount not exceeding 15,000 rubles or not exceeding an amount in foreign currency equivalent to 15,000 rubles, identification of the client - an individual, the client's representative, the beneficiary and the beneficial owner is not carried out, except in the case of when employees of an organization carrying out transactions with funds or other property suspect that this operation is being carried out for the purpose of legalizing (laundering) proceeds from crime or financing terrorism.*
1_5. A credit organization has the right to entrust, on the basis of an agreement, to another credit organization, a federal postal service organization, or a bank payment agent to carry out the identification of a client - an individual, a client representative, a beneficiary and a beneficial owner for the purpose of transferring funds without opening a bank account, including electronic funds .
1_6. In the case specified in paragraph 1_5 of this article, the credit institution that entrusted the identification is responsible for compliance with the identification requirements established by this Federal Law and the regulatory legal acts adopted in accordance with it.
1_7. Credit organizations and federal postal service organizations entrusted with identification are responsible for failure to comply with established identification requirements in accordance with this Federal Law. Bank payment agents are responsible for failure to comply with established identification requirements in accordance with the agreement concluded with a credit institution.*
1_8. In case of failure to comply with the established identification requirements, the person who, in accordance with paragraph 1_5 of this article, was entrusted by the credit institution with carrying out the identification, shall be liable in accordance with the agreement concluded with the credit institution, including the collection of penalties (fines, penalties). Failure to comply with established identification requirements may also be grounds for unilateral refusal to fulfill an agreement between a credit institution and a specified person.
1_9. Persons entrusted by a credit organization with carrying out identification in accordance with paragraph 1_5 of this article must transfer to the credit organization in full the information obtained during identification, in the manner prescribed by the agreement, within the period established by the Bank of Russia in agreement with the authorized body.
1_10. A credit institution is obliged to report to the Bank of Russia, in accordance with the procedure established by it, information about persons to whom the credit institution has entrusted identification.
2. Organizations carrying out transactions with funds or other property are obliged, in order to prevent the legalization (laundering) of proceeds from crime and the financing of terrorism, to develop internal control rules, appoint special officials responsible for the implementation of internal control rules, and also adopt other internal organizational measures for these purposes.*
Organizations carrying out transactions with funds or other property in accordance with the rules of internal control are required to document information obtained as a result of the implementation of these rules and maintain its confidential nature. The grounds for documenting information are: the confusing or unusual nature of the transaction that does not have an obvious economic meaning or obvious legal purpose; inconsistency of the transaction with the goals of the organization’s activities established by the constituent documents of this organization; identification of repeated transactions or transactions, the nature of which gives reason to believe that the purpose of their implementation is to evade the mandatory control procedures provided for by this Federal Law; completion of the transaction , transaction by a client in respect of which the authorized body sent or previously sent a request to the organization, provided for in subparagraph 5 of paragraph 1 of this article;*
the client’s refusal to carry out a one-time transaction, in relation to which the organization’s employees have suspicions that the specified operation is carried out for the purpose of legalization (laundering) of proceeds from crime or financing of terrorism;
Other circumstances giving reason to believe that transactions are carried out for the purpose of legalizing (laundering) proceeds from crime or financing terrorism.
Internal control rules are developed taking into account the requirements approved by the Government of the Russian Federation, and for credit organizations - by the Central Bank of the Russian Federation in agreement with the authorized body, and approved by the head of the organization.*
Qualification requirements for special officials responsible for implementing internal control rules, as well as requirements for training and education of personnel, identification of clients, beneficiaries are determined in accordance with the procedure established by the Government of the Russian Federation, for credit organizations by the Central Bank of the Russian Federation in agreement with the authorized body . Qualification requirements for special officials cannot contain restrictions on filling these positions for persons who have been brought to administrative responsibility for failure to comply with the requirements of the legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism, which does not provide for the disqualification of such persons. Identification requirements may vary depending on the degree (level) of risk of the client performing transactions for the purpose of legalizing (laundering) proceeds from crime or financing of terrorism.
3. If employees of an organization carrying out transactions with cash or other property, based on the implementation of the internal control rules specified in paragraph 2 of this article, have suspicions that any operations are carried out for the purpose of legalization (laundering) of proceeds of crime by, or financing of terrorism, this organization, no later than three working days following the day of detection of such operations, is obliged to send information about such operations to the authorized body, regardless of whether they relate or do not relate to the operations* provided for in Article 6 of this Federal Law.
3_1. The clause additionally included on January 15, 2008 by Federal Law of November 28, 2007 N 275-FZ, became invalid on December 8, 2009 - Federal Law of June 3, 2009 N 121-FZ. - See previous edition.
4. Documents containing the information specified in this article and information necessary for personal identification must be stored for at least five years. The specified period is calculated from the date of termination of relations with the client.
5_5. Organizations carrying out transactions with funds or other property are required to pay increased attention to any transactions with funds or other property carried out by individuals or legal entities specified in subparagraph 2 of paragraph 1 of Article 6 of this Federal Law, either with their participation or from their name or in their interests, as well as using the bank account specified in subparagraph 2 of paragraph 1 of Article 6 of this Federal Law.
9. Control over the implementation by individuals and legal entities of this Federal Law in terms of recording, storing and presenting information on transactions subject to mandatory control, as well as the organization and implementation of internal control, is carried out by the relevant supervisory authorities in accordance with their competence and in the manner established by law of the Russian Federation, as well as an authorized body in the absence of supervisory authorities in the field of activity of individual organizations carrying out transactions with cash or other property. In the absence of supervisory authorities in the field of activity of individual organizations carrying out transactions with cash or other property, such organizations are subject to registration with an authorized body in the manner established by the Government of the Russian Federation.
11. Organizations carrying out transactions with funds or other property have the right to refuse to execute a client’s order to complete a transaction, with the exception of transactions for crediting funds received to the account of an individual or legal entity for which the documents necessary to record information in in accordance with the provisions of this Federal Law, as well as if, as a result of the implementation of internal control rules in order to combat the legalization (laundering) of proceeds from crime and the financing of terrorism, employees of an organization carrying out transactions with funds or other property have suspicions that the operation is carried out for the purpose of legalizing (laundering) proceeds from crime or financing terrorism.*
13. Credit institutions are required to document and submit to the authorized body information about all cases of refusal on the grounds specified in this article to conclude contracts with clients and (or) carry out clients’ orders to carry out transactions, as well as about all cases of termination of contracts with clients at the initiative of a credit organization no later than the working day following the day of performing these actions, in the manner established for credit organizations by the Central Bank of the Russian Federation in agreement with the authorized body.
14. Clients are required to provide organizations carrying out transactions with funds or other property with information necessary for these organizations to fulfill the requirements of this Federal Law, including information about their beneficiaries and beneficial owners.*
Article 7.2. Rights and obligations of credit institutions and federal postal organizations when making non-cash payments and money transfers
1. The credit organization in which the payer’s bank account is opened, when making non-cash payments on behalf of the payer at all stages of their implementation, is obliged to ensure control over the availability, completeness, transmission as part of settlement documents or in another way, compliance with the information available to the credit organization, as well as storage in accordance with paragraph 4 of Article 7 of this Federal Law of the following information:*
1) about the payer - an individual, individual entrepreneur or individual engaged in private practice in accordance with the legislation of the Russian Federation: last name, first name, patronymic (unless otherwise follows from the law or national custom), bank account number, taxpayer identification number (if its availability) or address of place of residence (registration) or place of stay;
2) about the payer - a legal entity: name, bank account number, taxpayer identification number or code of a foreign organization.
1_1. If the bank in which the recipient's bank account is opened, or the bank that serves the recipient when transferring funds in his favor without opening a bank account, or the bank that is involved in the transfer of funds, is a foreign bank, information about the payer - an individual, an individual entrepreneur or an individual engaged in private practice in accordance with the legislation of the Russian Federation, must include the surname, first name, patronymic (unless otherwise follows from the law or national custom) and the address of the place of residence (registration) or place of stay, and information about the payer - a legal entity must include its name and location address.
2. If the settlement or other document containing the payer’s order is absent, or the information specified in paragraph 1 of this article is not received in any other way, the credit institution in which the payer’s bank account is opened is obliged to refuse to execute the payer’s order, except for the cases provided for in paragraph 3 of this article.
3. When carrying out transactions with funds, including using software and hardware, credit institutions have the right, in order to fulfill the requirements established by this article, to independently fill out payers’ settlement documents using information received from payers, including when carrying out identification procedures.*
4. A correspondent bank participating in non-cash payments is obliged to ensure the immutability of the information contained in the received payment document and its storage in accordance with paragraph 4 of Article 7 of this Federal Law.
5. The credit institution in which the bank account of the recipient of funds is opened must have the procedures necessary to identify incoming settlement documents that do not contain the information specified in paragraph 1 of this article.
6. If the received payment document does not contain the information specified in paragraph 1 of this article, if employees of the credit institution in which the recipient of the funds has a bank account suspect that this operation is being carried out for the purpose of legalizing (laundering) proceeds from crime , or terrorist financing, such a credit institution is obliged, no later than the business day following the day the transaction is recognized as suspicious, to send information about this transaction to the authorized body in accordance with this Federal Law.
7. A credit organization servicing the payer, when making money transfers on behalf of individuals without opening bank accounts, and the federal postal service organization when making postal money transfers at all stages of their implementation are required to ensure control over the availability, completeness, and transmission as part of payment documents , mail or other means, compliance with information available to a credit institution or federal postal organization, as well as storage in accordance with paragraph 4 of Article 7 of this Federal Law of the following information:
1) about the payer - an individual, individual entrepreneur or individual engaged in private practice in accordance with the legislation of the Russian Federation: last name, first name, patronymic (unless otherwise follows from the law or national custom), unique assigned transaction number (if any) , taxpayer identification number (if available) or address of residence (registration) or place of stay;
2) about the payer - a legal entity: name, unique assigned number (code, password) of the transaction, taxpayer identification number or code of a foreign organization.”
We offer step-by-step instructions for paying dividends in 2019. You will learn how to accrue and pay money to the founders of an LLC, how often they can be paid and how to formalize everything correctly.
The procedure for paying dividends to LLC
Dividends are part of the profit that is distributed among the participants of the enterprise. Since 2019, the shareholder’s income that he receives upon leaving the company or its liquidation has also been equated to them (clauses 13, 21, article 2, part 3, article 9 of the Law of November 27, 2018 No. 424-FZ).
Depending on the legal form of the company (LLC or JSC), profits are divided between the founders or shareholders. The procedure for accrual and payment is determined by Federal Law No. 208-FZ dated December 26, 1995 (as amended on July 29, 2017) “On Joint-Stock Companies” or Federal Law No. 14-FZ dated February 8, 1998 (as amended on July 29, 2017) “On Companies limited liability" (as amended and supplemented, entered into force on September 1, 2017). In addition, the procedure is prescribed in the constituent documents (for example, in the charter) and in the decision on payment. It is on the basis of these documents that, in principle, the decision to accrue or not to accrue is made.
Who is a tax agent
The accrual is based on net profit (that is, profit after paying income tax). Money is also paid minus personal income tax (personal income tax for resident and non-resident individuals) or income tax for legal entities (including under special regimes - UTII, simplified tax system, unified agricultural tax). Thus, the company that accrues and pays funds to the participants is their tax agent.
How often can LLC dividends be paid?
Dividends can be accrued quarterly, once every six months, or once a year. They can be expressed in property (including shares) or cash. Most companies, especially public ones, use cash payments. Sometimes the question arises when dividends can be paid to an LLC. Payment must take place within 60 days from the date of accrual. Next, we will tell you how to calculate dividends and consider step-by-step instructions for paying them in 2019.
How to calculate dividends that will suit the owners and will not damage the business
How to spend the company's net profit - use it to pay dividends or finance the business - is decided by the owners. The financial director will have to justify to the owners the amount of dividends that is safe for the company.
How to calculate dividends in an LLC
Before dividends are paid, they must be accrued. At the end of the quarter, half-year or year, after-tax profits are distributed among the LLC participants. To do this you need:
- decide on the accrual of dividends;
- fully pay the authorized capital;
- settle accounts with retired members of the company.
In addition, the company must exceed the amount of authorized and reserve capital. The company must also show no signs of bankruptcy, including after the planned accrual and payment of dividends (see, for example, stages of bankruptcy of a legal entity).
If all conditions are met, the company gathers all the company's participants and makes or does not decide on the payment of dividends, as well as on what part of the profit to allocate to payment to the founders. The decision is made by a majority vote. If the LLC participant is one person (or one legal entity), the decision is made individually.
Part of the profit to be distributed can be divided in proportion to the shares of the company's participants or not. The method of distribution is fixed in the company's charter or its subsequent amendments (additions).
Based on the results of the meeting, a protocol is drawn up indicating the name of the company, the company's participants and their shares, the agenda, for what period dividends are planned to be accrued, the amount, terms and form of payment. If a different period is not indicated in the charter or in the minutes of the decision, then by default it is considered to be 60 days from the date of the decision (see Figure 1).
If there is only one participant in a limited liability company (LLC), he alone can make a decision on allocating part of the net profit based on the results of the enterprise’s work to dividends, indicating the amount and terms of payment. By the way, there is a large section dedicated to. You can sign up and try. Based on the results of training, a state diploma is issued.
Picture 1. Minutes of the general meeting of participants of a limited liability company. The decision to allocate net profit to pay dividends
In any case, the decision also states that there are no restrictions on the distribution of profits.
Postings for accrual of dividends in an LLC are made from the debit of account 84 to credit 70 (if the company member is an employee of the company) or 75.2. The account “Settlements with founders” is used in this posting for non-employee participants and for legal entities.
Step-by-step instructions for paying dividends to LLC founders in 2019
After accrual of dividends, the enterprise has a debt to the participants of the company to pay them the dividends due.
Step 1. Draw up an order for the payment of dividends to the founders
Figure 2. Order on payment of dividends to founders
Step 2: Withhold taxes
The amount of tax on dividends is determined by the status of a company participant. For individuals - residents of the Russian Federation - personal income tax on dividends in 2017 is 13%, for individuals - non-residents - 15%.
For legal entities, the tax on dividends will be:
- 0% – for a Russian organization that owns a share of 50% or more in the authorized capital of the company for 365 days or more;
- 13% – for a Russian company that does not meet the previous conditions;
- 15% or another rate - for a foreign company, on the basis of international agreements on the avoidance of double taxation.
For an example of filling out a personal income tax payment form, see Figure 3.
Figure 3. An example of filling out a payment order for personal income tax from the founder’s income
Step 3. Record the payment in accounting
When dividends are paid, the following entries are made:
Dt 75.02 Kt 68
Dt 70 Kt 68 – dividend tax is charged.
Dt 75.02 Kt 50 (51)
Dt 70 Kt 50(51) – dividends paid.
When payment is not made in cash, but in the form of LLC property, for example, finished products, the entries take into account the write-off from account 43 (see also, ). However, this type of calculation is quite rare nowadays.
An example of calculating dividends in an LLC
Let's look at the example of calculating dividends and taxes on them. The company Arfa LLC is subject to a general taxation regime and was founded by five participants with different shares.
The charter states that after-tax profits can be distributed every six months, in proportion to the shares of the participants. For 6 months of 2017, the company’s net profit amounted to about 21 million rubles. (read also, ), NAV net asset value is 145 million rubles. (for calculation purposes, the balance is not given in the article).
The authorized capital is 8.3 million rubles, reserve capital is 504 thousand rubles. The value of net assets is greater than the authorized and reserve capital.
At the end of August 2017, after passing the semi-annual audit, a meeting of company participants was held. A unanimous decision was made to distribute part of the net profit to pay interim dividends in the amount of 10.5 million rubles. The minutes of the meeting record that dividends are distributed in proportion to the participant’s share, with funds transferred to bank cards of individuals and current accounts of organizations until the end of September 2017. It should be noted that Arfa LLC does not participate in the authorized capital of other organizations and does not receive dividends in any other way. Otherwise, dividends received must be taken into account in the calculation to avoid double taxation.
Table 1. Founders information
|
Shares of company participants, % |
Net profit, thousand rubles. |
Profit for distribution, thousand rubles. |
Accrued dividends by shares, thousand rubles. |
|
|
Frolov M.P. |
||||
|
Marquez D. |
||||
|
LLC "Step" |
||||
|
IP Chebotarev G.Yu. |
||||
An order for the accrual and payment of dividends was drawn up, a calculation was made for each LLC participant, income tax was calculated in accordance with the tax regime of the participant, and dividends were paid minus taxes.
table 2. Amount of dividends payable including taxes
|
Company members/company information |
Tax regime |
Tax rate on dividend income, % |
Taxes on dividends, thousand rubles. |
Amount of dividends payable, thousand rubles. |
|
Frolov M.P. |
Phys. resident person |
|||
|
Marquez D. |
Phys. non-resident person |
|||
|
LLC "Step" |
OSN, owns a 50% share for more than 1 year |
|||
|
IP Chebotarev G.Yu. |
||||
|
foreign organization, location – Cyprus |
Thus, it is clear that the largest share in the company belongs to Step LLC, which has owned this share for 5 years. For this company the rate will be 0% despite the general taxation system with a dividend rate of 13%. The amount of accrued dividends is 5 million rubles. was paid in full.
Resident individual Frolov M.P. received dividends minus personal income tax of 13% - in the amount of 730 thousand rubles.
Non-resident Marquez D. - with a tax rate of 15% and a share in Arfa LLC - 1 million rubles.
Insurance premiums are not charged for these payments. Arfa LLC independently determines the tax status of these individuals. The foreign company Stella ltd, which owns a 19% share of Arfa LLC, is a Cypriot organization to which the Double Taxation Avoidance Agreement can be applied. Therefore, an income tax rate of 5% was used, the payment of dividends amounted to 1.9 million rubles.
The total amount of dividend payments to Arfa LLC amounted to 9.96 million rubles, taxes amounted to 534 thousand rubles. Based on the results of payments, the company compiled certificates in Form 2-NDFL and indicated in the income statement the fact of accrual of dividends in favor of legal entities. It must be remembered that the tax inspectorate can essentially classify some payments in favor of company participants, which are not formally related to dividends, as dividends, and charge appropriate taxes and penalties.
The economic meaning of paying dividends in an LLC
Dividends represent the income of company participants due to the profitable operation of the enterprise. Therefore, the size of dividend payments and the very fact that an LLC receives dividends can be an additional indicator for investors when analyzing and choosing a company from the point of view of investment investments (read also). That is, it is an indirect indicator of the success of the enterprise. The company decides whether it will pay a portion of the profits to its participants or not. There may be several reasons:
- The company has no profit and does not pay dividends.
- The company's profit is insignificant and / or the company plans to develop, but does not have enough resources. Refuses to pay dividends and uses profits for development.
- The company has a profit, but to reduce the tax burden, the profit is understated using various accounting techniques. It should be remembered that net profit is partly a manipulative indicator. Dividends are not paid, or are paid in a smaller amount than they could.
- The company has profits that should be used for development. But the company wants to show high-quality public reporting, maintain investor confidence, and pay dividends.
- The company has profits, resources for development, and dividends are paid.
Paying dividends is a good sign when choosing a company to invest in. But you need to understand the reasons for accruing dividends from profits, for which you need to clarify other indicators of the company’s performance. For joint-stock organizations, the payment of dividends may be a more manipulative indicator than for an LLC.
In principle, not every company can afford to accrue and pay dividends to the founder. If this happens regularly over several years of the enterprise’s existence, it indicates a stable financial position and fairly transparent reporting.
