Distributed dividends. Dividends for LLC members - step-by-step instructions for distribution of profits. We count net assets and determine the amount of dividends

Dividends! We bet? Would you mind having a large block of shares, for example, Gazprom or Sberbank and living not grieving for the dividends received all your life? Ah dreams, dreams. But you can still buy yourself a small piece of a large company (one or more). There is nothing complicated in this. And annually receive money to your account in the form of dividend payments.

For people who have never encountered this topic, many questions immediately arise:

• How much money do you need and where do you need to go to buy shares?
• How do you know how much companies pay and which are the most profitable?
• What profit can you expect and where do dividends go?

This article has collected some of the most popular dividend questions.

What are dividends in simple words

Dividends can be viewed as a fraction of the profits of a company whose shares are owned by the investor.

The amount of remuneration paid depends on the financial results. If a profit was made, then part of it is directed to the development of the company, and part to the payment of dividends.

The total payout is divided by the number of shares outstanding. And it turns out a certain amount of profit per share.

For instance:

• According to the charter, Gazprom is obliged to pay 10% of the profit received. In fact, they pay more. In 2017, 45% of profits were allocated to dividend payments.
• Lukoil pays 25%. But strive to increase this indicator every year.
• The Moscow Exchange allocates as much as 70% of profits for dividends.
• Sberbank allocates 20-25% for dividends.

There are companies with very complex dividend policies. And it is very difficult for a novice investor to understand it.

Norilsk Nickel - dividend policy
Severstal - dividend payment policy

If we draw an analogy with ordinary life, then shareholders who own blocks of shares and regularly receive dividends can be compared to people who rent out real estate.

For example measures , you have an apartment that you rent. You get 20,000 rubles a month for it.

From this amount, you give a part for paying utility bills, part for paying taxes. Perhaps send something for maintenance. If you have a loan (mortgage), you will have to spend money on payments. Well, the rest is your net profit (dividends).

Now imagine that you have not one, but 30 apartments in your property and you rent them all.

Then the resulting net profit can be disposed of a little differently. Buy another apartment (for your own or on credit), that is, expand your business.

Eventually: the final balance of net income will decrease significantly. This part can be considered dividend income.

Where to buy shares to receive dividends?

Shares are traded on the stock market. In Russia, it is the MICEX (Moscow Interbank Currency Exchange).

You cannot buy shares directly. First you need to conclude an agreement with.

A broker is an intermediary between you and the exchange.

After the conclusion of the contract, the broker gives access to the stock market. And you can make purchase and sale operations.

In our case, buy stocks that pay dividends.

The whole process is very similar to the procedure for interacting with a bank:

1. Conclude a contract.
2. Deposit money into your account.
3. You get access to the exchange.
4. Buy stocks.

Do all companies pay dividends?

I’ll not say everything right away. There are companies that do not pay dividends to their shareholders.

A reasonable question immediately arises: What are they for then? Where is the benefit?

A small educational program.

Investors' profit can be formed in two ways:

1. Receiving dividends.
2. Increase in the value of purchased shares over time.

The first point is clear. The company pays a portion of the profits to its shareholders annually. Everyone is satisfied and happy.

But apart from this, all companies are investing in the expansion of their activities and businesses. Due to this, the value of the company (capitalization) begins to increase over time. Sometimes even several times. And since a share is a part of the company, we observe an increase in quotations for them.

By paying out money to shareholders in the form of dividends, the company spends less money on development. And in theory, progress will be slower than for companies that are fully investing all profits back into the business.

There is an opinion that high dividends hinder development. Or the management of the company cannot find a better use for the money, as for payments to its shareholders.

Can a company stop paying dividends

Can. There can be many reasons: from a change in dividend policy, to a “bad” year, or directing free cash flow to other more priority (in the opinion of management) goals.

Also, a sharp decrease in the level of payments may occur, literally at times. In some cases, this is temporary. And in the future, the company is trying to reach the previous level or even surpass it, compensating shareholders for the lost profit.

Sberbank dividends

Example. 2014 was a very difficult year for Sberbank financially. As a result, the shareholders received only 3% of the company's profit or 45 kopecks per share (a year earlier it was 3.2 rubles). In 2017, according to the results of the previous (2016) period, the dividend payment increased 13 times !!!

How does a company know who needs to pay and how much?

All data on shareholders are stored in the electronic register. But the problem is that tens of millions of shares are bought and sold during one trading session. Tens, hundreds of thousands of shareholders change every day.

Therefore, a date is chosen (known in advance to everyone) or the date of the register closing, on which all shareholders will receive dividends.

It turns out that in order to be entitled to receive dividends, it is enough to be the owner of shares for only one day.

What is dividend cutoff?

This is exactly the date when the registry was closed. After the end of the trading session, investors who have the company's shares in their portfolio are entitled to dividends.

But there is one caveat.

As a rule, just before the dividend cut-off (several days before), the quotes begin to rise. Everyone wants to participate in the profit sharing. There is a significant demand for securities. And according to the law of the market, if demand exceeds supply, prices increase.

The day after the dividend cut-off, the value of the stock itself drops sharply. Usually by the amount of the promised dividends.

The company has already fixed holders and for many who are inclined to short-term trading, shares are no longer of interest.

And you can see the dividend gap (gap on the chart). This is how it looks like on the example of Severstal.

The company set a 3.97% dividend yield to shareholders. The next day, quotations fell by almost the same amount - 4.05%.

What is Dividend Yield?

A certain amount of cash remuneration is paid per share. This is the percentage of the stock's value at the time of the dividend cut.

For example, dividend payments per share are 7 rubles. The promotion costs 100 rubles. We get a dividend yield of 7%.

How much and how often are dividends paid on shares?

In most cases, each company makes payments once a year. Less often 2 times (Alrosa-Nyurba, Gazprom Neft, Mosbirzha, NorNickel). There are companies that “pamper” their shareholders with payments once a quarter (MMK, NLMK, PhosAgro).

How many dividends does one share bring?

Traditionally, the telecommunications sector can boast of a higher dividend size: MTS, Megafon and Rostelecom - about 7-10%.

Oil and gas, which includes Lukoil, Gazprom and Rosneft, provide a 6-8% dividend yield.

The financial sector (Sberbank, VTB) is not very generous with payments - only 3-4%.

Utility service providers can pay both very good dividends (Rosseti, Unipro, RusHydro - 7-10%), and very scanty - 1-2%.

Dividend payment calendar

You can find out what shares bring dividends on the website of any broker (bcs-express.ru/dividednyj-kalendar), or on specialized resources (for example, dohod.ru/ik/analytics/dividend).

Pay attention to the last 2 columns. On the example of the company Alrosa. To be eligible for the reward, you need to buy securities 2 days before the dividend cut. This is due to the trading mode on the exchange (T + 2). Buying (or selling) shares on the exchange, the record of the new owner will be recorded only after 2 days.

How much money do you need to buy stocks?

The cost of shares on the stock exchange can vary from a few kopecks to tens of thousands of rubles. Stocks are usually bought (and bought) in lots.

A lot is the minimum number of shares in a company required to complete a sale and purchase transaction.

Thus, a huge spread in prices of different companies is averaged out. As a result, the minimum price for one lot is approximately 500 - 1,000 rubles.

• 1 Sberbank paper costs 220 rubles. The minimum lot is 10 shares. The total lot price is 2,200 rubles.
• 1 paper of the Magnet \u003d 1 lot \u003d 6 400 rubles.
• VTB is valued at only about 5 kopecks per paper. But to buy it, you need to shell out 500 rubles for a set of 10,000 shares.

Thus, even with only a few tens of thousands in hand, you can purchase several types of shares of various companies.

How do I receive dividends

After the register is closed, the company usually transfers the required remuneration to its shareholders within a month. The money is deposited into a brokerage account.

Do I need to pay tax on dividends

Definitely yes! What tax is charged on dividends?

All received income from dividend payments is classified as personal income (personal income tax) or income tax.

The standard tax rate is 13%.

Good news. The state exempted individuals from self-taxation.

Broker is a tax agent. And he himself withholds the required taxes in favor of the budget.

At the time of payment of dividends, part (13%) of the amount received goes to pay taxes.

The investor gets his hands on the amount already cleared from taxes.

So, ordinary investors do not need to bother. They will do everything for you.

Is it possible not to pay taxes?

In some cases, you can completely or partially avoid taxation.

In case of loss.

The taxable base is calculated based on the results of the year. That is, for all the profit received by the investor (which includes the receipt of dividends and operations for the purchase and sale of securities), 13% must be paid. If there were unsuccessful deals that led to losses, and a profit was made on dividends, then everything adds up and a net result is displayed.

And it is from him that the tax must be paid. And since the full tax has already been withheld from dividend payments, the tax base is recalculated at the end of the year. And the overpaid tax is returned back to your account.

Example. During the year, the investor received dividends totaling 100,000 rubles. The broker withheld 13% tax or 13 thousand.

At the end of the year, the investor also sold shares with a loss of 100,000 rubles, as a result of the collapse of quotations for previously purchased assets.

Total: net profit for the year is zero. And there is nothing to take tax from.

But since earlier the broker withheld 13% from the dividends received, he is obliged to return this amount in full back to the investor.

Tax incentives

When opening an individual investment account (IIA) of the second type, the investor receives full tax exemption in the amount of 1.2 million.

This is especially true for large players with assets worth several million in their portfolio. Then all the profit received remains in full on the account.

For small private investors, it is preferable to choose. It allows you to take advantage of a tax deduction of 13%.

In simple terms, every year you can return 13% of the amount deposited during this period.

If you put 100 thousand into your account, you have the right to return 13,000 rubles, for 200 thousand - 26,000, for 400,000 - 52 thousand rubles.

52 thousand rubles - the maximum amount of tax deduction for IIA per year.

1. Based on the results of the first quarter, six months, nine months of the reporting year and (or) based on the results of the reporting year, the Company shall have the right to make decisions (declare) on the payment of dividends on placed shares, unless otherwise provided by this Federal Law. The decision to pay (declare) dividends based on the results of the first quarter, six months and nine months of the reporting year may be made within three months after the end of the relevant period.

(see text in previous edition)

The Company is obliged to pay the declared dividends on shares of each category (type), unless otherwise provided by this Federal Law. Dividends are paid in money, and in the cases stipulated by the charter of the company - other property.

(see text in previous edition)

2. The source of payment of dividends is the company's profit after tax (the company's net profit). The company's net profit is determined according to the company's accounting (financial) statements. Dividends on preference shares of certain types can also be paid out of the company's special funds previously formed for these purposes.

(see text in previous edition)

3. The decision to pay (declare) dividends is made by the general meeting of shareholders. The said decision shall determine the amount of dividends on shares of each category (type), the form of their payment, the procedure for payment of dividends in non-cash form, the date on which persons entitled to receive dividends are determined. At the same time, the decision regarding the establishment of the date on which the persons entitled to receive dividends are determined is made only at the suggestion of the board of directors (supervisory board) of the company.

(see text in previous edition)

4. The amount of dividends may not exceed the amount of dividends recommended by the board of directors (supervisory board) of the company.

(see text in previous edition)

5. The date on which, in accordance with the decision to pay (declare) dividends, the persons entitled to receive them are determined cannot be set earlier than 10 days from the date of the decision to pay (declare) dividends and later than 20 days from the date of such adoption. solutions.

(see text in previous edition)

6. The term for the payment of dividends to a nominee holder and a trustee who is a professional participant in the securities market, who are registered in the register of shareholders, should not exceed 10 working days, and to other persons registered in the register of shareholders - 25 working days from the date on which persons who have the right to receive dividends.

(see text in previous edition)

7. Dividends are paid to persons who were the owners of shares of the corresponding category (type) or persons exercising rights on these shares in accordance with federal laws, at the end of the operating day of the date on which, in accordance with the decision to pay dividends, the persons entitled to receiving them.

8. Payment of dividends in cash is carried out by bank transfer by the company or, on its behalf, by the registrar maintaining the register of shareholders of such a company, or by a credit institution.

Payment of dividends in cash to individuals, whose rights to shares are recorded in the register of shareholders of the company, is carried out by transferring funds to their bank accounts, the details of which are available from the registrar of the company, or in the absence of information about bank accounts, by mail transfer of funds, and otherwise to persons whose rights to shares are recorded in the register of shareholders of the company by transferring funds to their bank accounts. The obligation of the company to pay dividends to such persons is considered fulfilled from the date of receipt of the transferred funds by the federal postal organization or from the date of receipt of funds to the credit organization in which the bank account of the person entitled to receive dividends is opened, and if such a person is credit organization - to its account.

(see text in previous edition)

Persons who are entitled to receive dividends and whose rights to shares are accounted for by the nominee shareholder receive dividends in cash in accordance with the procedure established by the legislation of the Russian Federation on securities. The nominee holder to whom the dividends were transferred and who did not fulfill the obligation to transfer them, established by the legislation of the Russian Federation on securities, for reasons beyond his control, is obliged to return them to the company within 10 days after the expiration of one month from the date of the end of the dividend payment period.

9. A person who has not received the declared dividends due to the fact that the company or the registrar does not have accurate and necessary address data or bank details, or due to another delay of the creditor, has the right to request the payment of such dividends (unclaimed dividends) within three years from the date of the decision on their payment, unless a longer period for filing the said requirement is established by the charter of the company. If such a period is established in the charter of the company, such a period may not exceed five years from the date of the decision to pay dividends. The deadline for filing a claim for the payment of unclaimed dividends when it is missed is not subject to restoration, unless the person entitled to receive dividends did not file this claim under the influence of violence or threat.

Upon the expiration of such a period, the declared and unclaimed dividends are restored as part of the retained earnings of the company, and the obligation to pay them ceases.

Based on materials from the webinar "All about dividends for an accountant and director", author - Evgeny Naydenov, head of the tax audit department of Business Audit LLC, teacher at the Potential training center.

Director

Dividends are any income received by a shareholder or participant from an organization in the distribution of profit remaining after taxation on shares owned by this participant, in proportion to the participants' shares in the authorized capital of the paid organization (clause 1 of article 43 of the Tax Code of the Russian Federation).

Important: Dividends are part of the net profit left after all taxes have been paid. If we are talking about the general tax regime, then this is the net profit that remained after the payment of income tax. If we are talking about the simplified tax system, then this is the profit remaining after taxes on the simplified tax system. If this is UTII, then this is the net profit that remained after the payment of the single tax on imputed income.

How is profit calculated?

Net profit is the profit that remains after all taxes have been paid. All expenses are deducted from all income of the enterprise, the financial result is obtained and profit remains, it is the basis for calculating the tax. The amount of tax to be transferred is determined, and the tax itself is deducted from the profit based on the results of operations. This leaves the cleared amount at the disposal of the company, and the company has the right to dispose of the net profit at its discretion. That is, it can either use it for business development, or pay dividends.

Where is the net profit indicator recorded in the financial statements?

- In section 3 of the balance sheet "Capital and reserves" profit appears on the line "retained earnings" or "uncovered loss". The balance sheet displays all profit as of a specific accounting date. This line takes into account the amount of net profit not only for the last reporting period, but also for previous years, if it remained and was not distributed in due time.

- If you need to find out the amount of net profit for the reporting period, then refer to the statement of financial results. Here the indicator of net profit for the reporting period (for example, for the reporting year) is shown on the line "Net profit or loss".

If the company has no net profit, then there can be no question of paying dividends until the loss received by the company is covered by the profit received in subsequent periods.

What if mistakes were made in calculating profit?

According to accounting and tax legislation, the company, represented by the accounting department and the chief accountant, must make changes and correct the indicators of the financial statements so that the net profit indicator corresponds to reality.

- If, as a result of errors and violations, the net profit indicator was underestimated, then, after making changes to the balance sheet and reporting, additional net profit should appear, which is also distributed among the founders by their decision.

- If, as a result of errors and violations, the amount of net profit was overestimated and on the basis of incorrect information dividends have already been paid, then after correcting the errors, the net profit indicator will be slightly underestimated. As a result, a situation will arise when the founders initially distributed more net profit to themselves. There is nothing to worry about, because after a certain period, the net profit will be smaller, and participants will distribute the profit in a smaller volume.

If errors were made in the accounting and then corrected, then the founders, participants will still receive the due dividend amounts. But the process can take a long time.

Net assets

This is the difference between the assets of the enterprise and its debts (liabilities). The difference between assets and liabilities is recorded in the final line 3 of the section of the balance sheet of the enterprise. Conditions:

1. In accordance with the law on LLCs, the amount of net assets must necessarily exceed the amount of the authorized capital. If the amount of net assets is less than the amount of the authorized capital, then the company is obliged to reduce it to the amount of net assets after the expiration of time. This entails difficulties and risks for the company, because many small businesses have the minimum amount of authorized capital allowed by law: 10 thousand rubles for an LLC. If a situation arises in which the amount of net assets is less than this threshold amount, then, on the one hand, the company is obliged to reduce the amount of the authorized capital, and on the other hand, the amount of the authorized capital cannot be less than 10 thousand rubles.
2. If a company allows such a situation for a long time, then it falls under sanctions up to liquidation. As for the payment of dividends, in accordance with Article 29 of the LLC Law and Article 43 of the JSC Law, a decision on the payment of dividends cannot be made if at that moment the value of the company's net assets is less than its authorized capital. Therefore, it is important to monitor the size of net assets.
3. Payment of dividends is not allowed until the authorized capital is paid in full.

The procedure for payment of dividends is regulated by corporate law and the company's charter. The classic option is the annual payment of dividends based on the results of the financial year, when the financial statements for the past year are prepared. In accordance with the law on LLC, the company at the end of the year must hold the next annual meeting of participants, shareholders, at which the financial statements, the amount of net profit are approved, and then the owners of the company decide on the distribution of net profit.

How will the net profit be distributed? This issue is within the competence of the general meeting of participants. The state does not interfere in distribution processes, it controls the procedure from the point of view of taxation, because at the moment of making a decision on the payment of dividends, the tax base for personal income tax arises.

Important:

• The results of the general meeting of shareholders or participants must be documented: this is paid attention to when conducting audits. Often decisions on the distribution of dividends and net profit are made verbally and money is paid on this basis. Subsequently, this can lead to serious problems: if one of the owners, participants or shareholders considers that he has been deprived, then he has the right to go to court to restore his violated rights. If there is no document drawn up on paper, then it will be difficult for any of the parties to the conflict to refer to it.
• In the absence of the minutes of the general meeting, the accounting department has no right to reflect business transactions, make entries on the accrual and payment of dividends. In accordance with the law on accounting 402-FZ, facts of economic activity are recorded in accounting only on the basis of primary documents. In this case, the primary document is the decision of the general meeting on the payment of dividends drawn up on paper.

Regularity of dividend payments

Article 29 of the LLC Law and Article 42 of the JSC Law provide that the company has the right to pay dividends on a quarterly, once every six months and annually.

If members of the company, owners or shareholders want to distribute dividends more often than once a year, then they need to re-read the charter and find the section that says in what order and how often dividends can be paid. Often, charter texts are formed on the basis of general principles and existing templates: when creating a company, few think about how often they would like to distribute dividends. Therefore, if the charter states that dividends are distributed annually, then before deciding to change the frequency, it is necessary to amend the charter.

The dividend payment period is no more than 60 days from the date of the decision to pay. Upon its expiration, a shareholder who has not received dividends may regard this fact as a violation of his rights. He may go to court or otherwise influence the company, so it is also important to keep track of the timing of payments.

Often, enterprises, drawing up the minutes of the general meeting, where decisions are made on the distribution of net profit and on payment, immediately fix the payment schedule:

- to make it clear how the amounts will be paid;

- in the case of small businesses, the number of owners is small. Usually they are all physically present at the general meeting, where decisions are made on the distribution of net profit, payment of dividends and sign the minutes. If the text specifies a schedule for dividend payments, and if part of them is paid later than 60 days later, then having the signatures of the owners, later it will be difficult for some of the shareholders to make claims regarding the timing of payment.

Forms of dividend payment from the director's point of view

- The classic option is payment in cash, cash or non-cash. If this moment is important for the owners, shareholders and participants, it will not be superfluous to indicate in the minutes of the general meeting in what form and how dividends will be paid.

For owners who are used to receiving dividends in cash from the cash register, there are subtleties and limitations. Our legislation, documents of the Central Bank, which regulate cash transactions, do not allow the payment of dividends at the expense of cash proceeds received at the cash desk of the enterprise. Withdrawal can be carried out only at the expense of funds that were specially received from the bank or at the expense of other amounts that were returned to the company's cash desk in different ways.

- Payment not in monetary format, but in the form of property owned by the company (in the form of fixed assets, materials, finished products, accounts receivable, securities, rights of claim). That is, any assets that are on the balance sheet of the enterprise and are recorded in the financial statements approved by the participants.

This issue is quite troublesome and more expensive in terms of taxation. Because, in the opinion of the Ministry of Finance and the Federal Tax Service, the payment of dividends by any property other than money is recognized as a sale. From the point of view of Article 39 of the Tax Code, a change of ownership for goods, works, services is recognized as implementation. Therefore, if dividends are paid, for example, by fixed assets, then the original owner was the enterprise, the new owner is an individual. The status of this property changes, there is a sale and, as a result, a taxable base. If we are talking about the general tax regime, then VAT and income tax appear. If we are talking about a simplified taxation system, then additional income appears.

If we are talking about UTII, then the situation is more subtle. Depending on what type of activity the enterprise, transferred to UTII, carries out, most likely, the transfer of property will not fall under this type. That is, under the transaction of alienation of property and transfer of fixed assets, the enterprise will not be on UTII, but on the general taxation regime or on the simplified one, if there is permission to use the simplified tax system.

Thus, before deciding on a non-cash dividend payment, be sure to clarify this issue with your accounting department, auditors or lawyers so that you understand what such a dividend payment will cost the company.

Distribution of net profit of previous years and payment of dividends from it

There are no restrictions and problems for the company, because all the net profit can be distributed in accordance with the decisions of the owners. It is advisable to note this moment in the minutes of the general meeting, at which the decision on the distribution and payment of dividends is made. It is better to point out directly: “according to the results of a certain reporting period, for 2019, the net profit was received such and such. As of the reporting date, December 31, 2019, the company also has retained earnings from previous years in such and such an amount. " A decision is made to distribute all the net profit that is reflected in the balance sheet: the one that was received during the reporting period, for 2019, and the one that remained at the disposal of the enterprise from previous years. The figures are indicated directly and reflect what share of net profit is used to pay dividends.

For an accountant

The first thing a chief accountant should do is record the company's dividend payout to its shareholders, members or owners. The amounts need to be calculated and accrued for each participant. The wiring depends on the situation:

• the participant is employed in the company - Dt 84 Kt 70;
• the participant does not work in the organization or is a legal entity - Dt 84 Kt 75.

The entry reflects the accrual of dividends based on the decision of the general meeting. Without a paper version of the minutes of the general meeting, at which the decision on the distribution of dividends is fixed, this posting cannot be done. Therefore, the posting must be generated on the date of signing the corresponding payment protocol.

After the entry appears in the company's balance sheet, accounts payable in liabilities to participants for the payment of dividends arise. The turnover on debit account 84 reduces the net retained earnings, which is recorded in section 3 "Balance". The source of payment of dividends is net profit, the economic meaning and legal nature of this operation is fully consistent with reality and does not contradict the legislation.

Forms of payment of dividends from the point of view of an accountant

— Consider the classic option, when dividends are paid in cash.

Dt 75 (70) is credited with account 68 of personal income tax, because in this case the enterprise that is the source of payment of dividends is recognized as a tax agent in accordance with Article 226 of the Tax Code. The tax agent is obliged to withhold and transfer to the budget the withheld amount of personal income tax.

In accordance with Article 224 of the Tax Code, the tax rate on income received by an individual in the form of dividends is set at 13% for residents and 15% for non-residents of the Russian Federation. Of the total amount due to receive dividends, 13% must be given to the state in the form of tax - this operation is reflected in the first transaction.

The remaining amount, 87%, is paid to the shareholder, participant, owner of the enterprise in cash, non-cash or through the cash desk. Therefore, the posting is formed with the following correspondence: Dt 75 (70) and Kt 50 (51).

After the first two postings are generated, payables for the payment of dividends on account 75 or 70 are completely closed. After paying the tax and transferring it to the budget (the third entry - Dt 68. NDFL, Kt 50 (51)), the company fulfilled all obligations to the owners of the company and to the state in terms of withholding and transferring the amount of approach tax.

— Another option for paying dividends is payment at the expense of the company's property... If the general meeting has decided to pay dividends by transferring fixed assets or materials to shareholders, then the disposal of these assets should be reflected through 91 accounts. We reflect these operations as follows:

1) Dt 75 (70), Kt 91.1. Here correspondence is made for the cost of fixed assets, materials, including VAT. VAT is taken into account in cases when property is paid at enterprises applying the general taxation regime and at enterprises that pay a single tax on imputed income.

2) Dt 91.2, Kt 68 VAT on the amount of VAT is reflected in the case of the application of the general taxation regime and UTII.

3) Dt 91.2, Kt 01 or 10 accounts. It displays the book value of materials or the residual value of fixed assets.

Why 91 counts? These are other income and expenses of the enterprise, because the disposal of fixed assets, materials, that is, assets not intended for further sale, is carried out through the 91st accounts, and not through the 90s.

If dividends are paid by the transfer of goods or finished goods, then the disposal of these assets should be reflected in the sales accounts. Therefore, in this case, the 90th accounts will be involved. The last three correspondences reflect this situation.

1. Dt 75.2 (70), Kt 90.1 reflects the cost of goods and finished products, including VAT.
2. The second correspondence is the amount of VAT, Dt 90.3, Kt 68 VAT.

VAT arises if the general taxation regime is applied. It may arise when paying dividends at an enterprise that applies UTII, depending on what is being transferred. If goods intended for retail sale are transferred, then VAT does not arise, because such a transfer falls under the definition of retail sales, will be included in retail turnover and will fall into the type of activity that the company uses at UTII.

1. Write-off of the book value of goods or finished products: Dt 90.2, Kt 41 or 43 accounts.

When dividends are paid in non-cash form, the company (the source of payment) remains obligated to withhold tax, because it is a tax agent. On the other hand, the company has no physical ability to do this. If the payment is made in kind, then there is no money. There is no other way to collect these amounts, especially if the founder, shareholder or owner are not employees of the company.

The source of payments - an enterprise (a tax agent) is not able to withhold income tax from such dividends, therefore the company is obliged to send a notification within a month about the impossibility of withholding income tax to the tax office at the place of registration of the individual to whom the dividends are paid and at the place of its own registration ... In this situation, there will be no claims against the company. Having received such information, the tax authorities will independently go to the individual and demand to pay the due amount of tax.

If a company pays dividends in cash (in cash or non-cash), then it has the obligation to calculate tax, withhold it, transfer it to the budget and, at the end of the year, by March 1, submit information on the amounts paid in favor of individuals in the form of 2 personal income tax, where you must also indicate the amount of paid dividends. The personal income tax rate is 13%, there is no need to pay any additional taxes on these amounts.

Contributions to off-budget funds, in particular to the pension fund and to the Social Insurance Fund, are not withheld from the paid dividends. Since, in accordance with 212-FZ, the basis for calculating contributions, in particular to the pension fund, are:

- payments in the framework of labor relations,

- payments under GPC contracts providing for the performance of work or the provision of services (contract and contract for the provision of services).

The chief accountant must be able to clearly identify payments to company employees. If money is paid on the basis of an employment contract and a person receives it for the performance of labor duties, then these are payments within the framework of labor relations. They are subject to contributions to extrabudgetary funds.

Dividends cannot be classified as such payments, because they are paid to individuals, regardless of how well or poorly they worked. The payment of dividends is the distribution of the net profit that remains after all taxes have been paid. Even those company owners, shareholders and members who are employees and often managers of the company receive dividends not for the results of their labor, but for the results of the entire company, because:

1) the profit remained at the disposal of the company

2) net profit is the result of the activities of not only the head

This means that the payment of dividends is not an employment relationship. That is why dividends are not subject to contributions to off-budget funds. The FSS mentioned this several times in letters.

How much taxes do you need to pay before making a net profit?

Here you can compare different tax regimes. Under the general taxation regime, the income tax rate is 20% of the profits received by the company as a whole from financial and economic activities. Compare this, for example, with the rate provided for the simplified tax system with the object of taxation income minus expenses. The general rate for all is 15%. The price of dividends in the first and second cases is different, because in order to distribute dividends under the general tax regime, you need to pay 20% to the state, and while on the simplified tax regime - only 15%.

If we talk about UTII, it is difficult to say how much interest must be paid in order to distribute dividends, because the amount of tax on UTII does not depend on revenue, income, expenses, but depends on the financial result. Knowing the size of this tax, seeing the result of financial and economic activities, you can also calculate the tax burden. It will not exceed the size provided for the general tax regime.

Thus, if the company is on special tax regimes (STS, UTII), the tax burden when paying dividends is significantly lower than for situations when the company is on a general tax regime.

Frequency of payment of dividends

Russian corporate legislation provides for several options for the payment of dividends: quarterly, half-yearly and year-end. If the leaders of your company are interested in the option in which dividends will be paid quarterly, then the chief accountant must warn them about the risks that arise in connection with this.

1) The charter should provide for the quarterly distribution of profits and the payment of dividends. Each fact of distribution of net profit and direction for payment of dividends must be recorded and recorded on paper, there must be a fixed decision of the general meeting.

2) Recall that dividends are the distribution of net profit after all taxes have been paid. With a quarterly payment, such a situation may arise. At the end of the first quarter, the company had a net profit distributed through dividends. At the end of the first half of the year, the company still has a profit, and it is also distributed through dividends. Following the results of 9 months, the company again had a net profit, the company is working with a plus and feels confident enough, therefore, based on the results of this period, dividends are distributed in the same way.

But if at the end of the reporting period a loss is recorded at the enterprise, then the payments that were made during the year, based on the results of the first quarter, six months and 9 months, will be reclassified by the tax authorities as payments from net profit. They will need to pay not only personal income tax at a rate of 13%, but also a contributionsy contributions to extra-budgetary funds at an aggregate rate of 30%, because at the end of the year there was a loss, and the amounts paid cannot be qualified as dividends.

The accounting department should voice this idea to shareholders so that they understand that if they want to pay themselves dividends more often than once a year, then they need to make sure that the company ends up with a profit every year. Otherwise, there will be an additional tax burden on the company and directly on the shareholders.

Since these payments will be reclassified from dividends to payments from net profit, then personal income tax can be paid at a rate of 13%. At the same time, the already paid 9% of dividends will most likely not be offset against payment of 13%, since these are different KBKs. A problem arises: who should deal with the return of the paid 9% of dividends? On the one hand, a taxpayer is an individual recipient of dividends. If the shareholder of the company is an employee of our company, then this work can be shifted to the accounting department, although this is rather troublesome. But if the shareholder and member of the company is an individual who is not in labor relations with our company, then the company has no opportunity, grounds and rights to engage in the 9% return procedure. As a result, a person is left alone with the tax authorities. He will have to interact with them himself, to return income tax.

If the shareholder who received dividends from us, which were later reclassified into payments from net profit, is not an employee of the company, then we cannot withhold 13% from him, and the company, as a source of payment, is obliged under Article 226 of the Tax Code to submit a notice that it is impossible to withhold income tax to the tax office, and KOs will communicate directly with this individual.

3) Since the net profit that remained with the enterprise is the property of this company and the property of shareholders, the shareholders, participants, owners of the enterprise can dispose of this money as they please. Among other things, a decision may be made on the disproportionate distribution of net profit. For example, an LLC has two owners, each of whom owns 50%. In this situation, no one can prohibit these participants from distributing net profit not 50 to 50 in accordance with their shares. They can decide on a disproportionate distribution, for example, in the ratio of 90 and 10. The excess over its share will no longer be recognized as a dividend, because a dividend is recognized as a part of the net profit to be distributed in accordance with the share held by the shareholder, owner or participant.

As a result, out of the received 90 rubles, 50 rubles will be recognized as dividends, from them you need to pay personal income tax at a rate of 13%, and you do not need to pay contributions to extra-budgetary funds: an amount of 40 rubles is recognized as payment from net profit. Personal income tax is withheld from it at a rate of 13%, and contributions to extra-budgetary funds are paid at an aggregate rate of 30%: there is a letter from the Federal Tax Service on this topic. Here we are talking about the payment of dividends not to an individual, but to a legal entity, therefore, the income tax rate is 20%, the company burdens the recipient of dividends with a general tax regime. Thus, if a shareholder or owner receives a net profit in a larger amount than it should be in accordance with his share, then this will no longer be recognized as a dividend.

The founders of the LLC receive income from the profit from the activities of the enterprise. But payments are made in a strictly defined order. You can't just withdraw funds from circulation.

Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how to solve your problem - contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and WITHOUT DAYS.

It is fast and IS FREE!

How is dividend paid in LLC in 2020? Legal entities registered as LLCs have the right to send part of the profits received to payments to the founders of the company.

The distribution of funds is carried out in a manner predetermined by law. What is the procedure for paying dividends to the founders of an LLC in 2020?

General points

The founders of the LLC are the direct owners of the company. Why can't you just spend your profit?

This is due to the fact that any waste of the company must be justified and documented. Of course, the founders of the society are its owners.

But the owner of the property is the organization. And the property of the LLC is separated from the personal property of the founders.

It is allowed to take company money for three reasons:

1. Under the report, when something is purchased for cash for an organization.
2. , which must be returned to the company.
3. Dividends, which are income from the activities of the enterprise and which can be spent at your discretion.

But the distribution of dividends is carried out in a strictly defined order. If you display a short diagram of actions, you will need:

• determine the amount of dividends;
• make a decision on payment;
• issue dividends and withhold.

Despite the seeming simplicity of the process, each stage requires the correct design. How to pay dividends to an LLC?

What you need to know

First of all, you need to understand what dividends are. Under Russian tax law, a dividend is any income received by members of an organization after taxes have been paid.

Moreover, the income of the LLC is distributed in accordance with the shares of the founders. Thus, dividends are paid exclusively from the net profit of the enterprise.

Taxes are paid from the income received, transfers to funds are made. Only after that the profit is distributed among the participants.

Here it is necessary to note such a nuance that the norm regarding the procedure for determining the volume of profit is contained in.

According to its provisions, the net profit is based on the information in the financial statements. does not contain instructions on the procedure for determining profit.

In this case, the principle of applying norms by analogy applies. That is, LLCs determine the amount of net profit in the same way as OJSCs, guided by accounting documents.

You cannot distribute dividends in such cases as:

• payment of the authorized capital not in full;
• the share of the participant leaving the company has not been paid;
• there are signs or their occurrence will contribute to the distribution of profits.

What is their role

The main task of paying dividends is to ensure the income of the company's members. Any LLC is created for the purpose of obtaining benefits, that is, commercial activity must bring.

The authorized capital becomes the basis for starting work. In the process of activity, the assets of the company are multiplied by generating income.

But in addition to income, the organization has certain expenses. You need to pay employees, reimburse production costs, pay taxes and mandatory fees.

All that remains after deducting the mandatory expenses is retained earnings. There is no concept of “net” profit in the legislation.

Therefore, accounting data, confirmed by accompanying applications, are taken as a basis.

The balance sheet includes a line indicating retained earnings or uncovered loss, that is, the economic result. This indicator becomes the basis for calculating dividends.

Legal framework

Details of the dividends of the LLC participants are stated in Article 28 of the Federal Law No. 14 dated February 8, 1998 "On LLC". According to this standard, dividends are paid on the basis of the decision of the general meeting of participants.

At the same time, there are certain legislative restrictions that must be taken into account when making a decision.

The procedure for the payment of dividends is regulated by a number of regulations, namely:

Registration procedure

When distributing dividends to an LLC, the following procedure should be followed:

Calculation of net profit and determination of the amount of income available to receive	The organization has the right to pay dividends only if the volume of net income is more than the authorized capital
Making a decision on the payment of dividends	A general meeting of founders is convened. Participants approve financial statements, discuss ways of sharing profits and determine the timing of payments. To calculate the amount of dividends for each participant, the total amount of accrued dividends is multiplied by the percentage of the share of the founder
Payment of dividends and payment of taxes	Dividends are paid on time. At the same time, 13% for residents of the Russian Federation and 15% for non-residents are withheld from them. The tax is transferred the next day after payment to participants. Information about the amounts paid and tax withheld is displayed in quarterly and annual reports (,). Insurance premiums on dividends are not charged

Terms of payment of dividends in LLC

If we talk about the conditions for the payment of dividends to an LLC, then it should be noted that it is impossible to make payments in case of bankruptcy or the risk of its occurrence.

For example, the value of net assets corresponds to the amount of the authorized capital. It is clear that any payments to the founders will reduce the company's working capital.

In addition, the presence of debts to the retired founders also makes it impossible to distribute profits.

By law, each member of an LLC, upon leaving the company, has the right to receive the value of his share. Therefore, the shares of the former participants are paid first.

In 2020, there is no need to pay the authorized capital before registering an LLC. Participants can make their part of the payment within 4 months after registration.

But during this time, the organization may have a net profit that can be distributed. But for payment, the authorized capital must be paid in full.

In what time frame after the decision is made

The frequency of payment of profits is determined by the founders. But regardless of the approved periods, the payment term cannot exceed 60 days.

Accordingly, within two months, each participant must receive a part of the profit due to him.

Moreover, the payment can be made not only in cash, but also in property, if this option is enshrined in the Charter.

If the participant has not received the due dividends within the period established by law, then he has the right to file a claim in court. Failure to meet the deadline is considered a violation of the rights of the founder.

Important! When determining the frequency of payment of dividends, participants should be guided by the Charter. If the Charter states that profits are distributed once a year, then dividends cannot be paid more often.

To change the schedule, you need to make the appropriate changes to the constituent documents.

List of documents

In order to pay profits to the participants of the LLC, correct paperwork is required.

You will need to prepare:

• the decision on payment made by the founder;
• minutes and decisions of the general meeting;
• and their payment.

The distribution of profits in LLC is accompanied by the submission of reports:

Decision-making

The decision to issue dividends to the founders is made by the participants by calling a general meeting.

Such a meeting can be held no earlier than the financial statements for the corresponding period are prepared. If we are talking about annual accounts, then they must be approved.

Moreover, the approval of the reporting is carried out in the period from March 1 to April 30 of the year following the reporting year.

Reporting approval and the issue of distribution of profits can be resolved within one meeting.
The fact of the meeting is documented in the form of minutes approved by the LLC.

Moreover, it is allowed to indicate in the minutes a single amount of dividends to be paid. The division takes place in proportion to shares or in accordance with the provisions of the Charter.

Note! Dividends can be paid in property, but such payment is equivalent to a sale.

This will lead to the need to pay additional taxes. Therefore, cash payments are more appropriate.

Sample protocol

The minutes of the general meeting of participants shall contain the following information:

• place and date of the general meeting;
• data of the chairman and secretary of the meeting;
• full list of participants;
• share in the authorized capital of each founder;
• agenda;
• adopted resolutions.

The minutes of the general meeting of the LLC participants are possible. In addition to the minutes, a decision of the general meeting is drawn up.

It becomes the basis for the payment of dividends and is referenced in the corresponding order.

The decision sets out the exact deadline for making payments and the method of payment (in money or property).

The total payment period cannot exceed 60 days. But if the participant has not received the dividends due to him, then he has the right to apply for their payment within three years.

Emerging nuances

The nuances arising from the payment of dividends relate to the method of payment. Most often, cash is paid. Moreover, both cash and non-cash payments can take place.

Video: how to charge, pay and withhold taxes from them

If a decision is made to issue dividends by property, then the participants can receive their part of the payments with fixed assets, products, securities.

However, the payment of dividends by the property of an LLC is equivalent to the sale of property values.

As the ownership of the property changes, it is assumed that the company has received some income. Hence the need to pay tax fees.

OSNO pays income tax and tax. The income received is accounted for as additional income.

Are there any restrictions

When distributing the profits of an LLC, legal restrictions must be taken into account. The tax authorities may have claims if dividends are paid:

To the sole founder

If the LLC has a single founder, then there is no need to draw up a protocol. The participant independently makes a decision, filling it out in a free form.

The decision states:

• the total amount of dividends;
• billing period;
• place and date of preparation of the document;
• founder's signature.

The sole founder has the right to arrange for the payment of only part of the dividends, and use the remaining funds for other needs. In addition, dividends can be accumulated.

Making a profit is the owner's right, not an obligation. The decision to pay dividends to the sole founder of the LLC is possible.

Upon liquidation

In the event of liquidation of an LLC, its activities are completely terminated. The order of succession in relation to rights and obligations is not provided.

This means that all calculations must be carried out before the official closure of the company, including the distribution of profits.

But you can receive dividends only at the expense of the organization's funds, free from debt obligations.

Therefore, when liquidating an organization, the following payment procedure is observed:

1. Employee salaries.
2. Payment of debts to the budget and off-budget funds.
3. Settlements with creditors / counterparties.
4. Payment of shares of participants from the remaining funds.

When one of the members of the LLC simultaneously holds any position in the company, he is first paid a salary as an employee. Then he participates on an equal footing in the distribution of profits.

You need to know that after the completion of all settlements with third parties, at first the accrued, but not paid profit is distributed between the participants.

Then the profit for the current period is calculated and distributed.
The payment of dividends upon liquidation of an LLC does not replace the need to pay income tax in full.

As you know, the main goal of any commercial organization is to make a profit. This is not so much about the operating income of the company itself, but about the personal income of its founders and participants, which can be received in the form of dividends. Moreover, to receive not only once a year, but also once every six months or quarterly. When can and when cannot it be accrued and paid interim dividends? How to properly arrange such a payment? What are the consequences for the organization and recipients of interim dividends if at the end of the year the company has a loss? The answers to these and other questions about interim dividends are in our today's article.

Profit distribution rules

Thus, the legislators made the life of accountants much easier by excluding the preferential rate for dividends from the article of the Tax Code of the Russian Federation, and thereby reducing the risk of various errors in calculating the tax on interim dividends.

If at the end of the year there is a loss

After the management informs about the need to pay interim dividends, the accountant may have another question: what will happen if at the end of the year it turns out that the organization has no profit?

As we remember, according to the article of the Tax Code of the Russian Federation, for tax purposes, a dividend is recognized as income received by a participant from an organization in the distribution of profit remaining after tax. That is, we are not talking about “accounting” profit, but about tax profit. Let us explain what this means in relation to different taxation systems.

The tax period for income tax and for the single tax paid under the simplified tax system is a calendar year (Articles 285 and 346.19 of the Tax Code of the Russian Federation). Thus, for organizations applying these taxation systems, the profit distribution made in the middle of the year can be regarded as a “tax dividend” payment only if the company actually has profit after tax at the end of the year. It is easier for organizations that pay UTII, since the tax period for this tax is a quarter (Art. Tax Code of the Russian Federation). This means that in a company on "imputation" the interim distribution of profits for tax purposes will always be considered a payment of dividends.

But back to the payers who are on OSNO or STS. If for such an organization the amount of interim dividends paid turned out to be greater than the net profit received at the end of the financial year, then the difference for tax purposes is recognized as income of the participants, but not dividends (letters from the Ministry of Finance of Russia and the Federal Tax Service of Russia). In fact, this will be the same “other payment” that we spoke about above when we considered the issue of distribution of profits disproportionate to the shares of participants in the authorized capital. And since the payment in favor of the participant occurs without any counter submission, for tax purposes it qualifies as property transferred to the participant free of charge (clause 2 of Art., Clause 1 of Art. Of the Tax Code of the Russian Federation).

Since the tax rate on personal income tax for income in the form of dividends is now equal to the general rate of 13 percent, the re-qualification of payments from dividends to “other income” for an organization - a tax agent will only mean the need to submit updated calculations of 6-personal income tax. It is necessary to correct the calculation for the period in which the specified income was paid, as well as the calculations for all subsequent periods, if, when compiling them, this payment was taken into account precisely as dividends. In the revised calculations, it will be necessary to exclude from lines 025 and 045 of section 1 the amounts that are not dividends, and personal income tax from these payments. (Note that if a joint-stock company finds itself in a similar situation, then it will also be necessary to submit revised income tax returns, excluding section A of sheet 03 from them).

As for the tax consequences for the organization itself as a taxpayer, in this case, the re-qualification of the payment of any consequences will not entail, since neither dividends nor gratuitous property transferred are not taken into account in taxation (clauses 1 and 16 of Art.270, cl. 2 article of the Tax Code of the Russian Federation).

As you can see, in a situation where, according to the results of the year in which interim dividends were paid, the organization received a loss, there are no catastrophic tax consequences. At the same time, there is a legal way to avoid the above-mentioned consequences.

So, if the LLC has retained earnings from previous years, then the general meeting (the only participant) may decide that interim dividends should be paid out of this profit. In this case, the payments will retain the status of dividends.

The question of whether the accruals will be recognized as dividends or not is especially important in a situation where payments are made in favor of participants with whom labor contracts have been concluded. The fact is that it depends on the qualification of the payment whether it is necessary to charge insurance premiums on it.

Interim dividends and insurance premiums

As you know, the object of taxation of insurance premiums for organizations is recognized as payments and other remuneration accrued by payers of insurance premiums in favor of individuals within the framework of labor relations and civil contracts, the subject of which is the performance of work, the provision of services (clause 1 of Art. Of the Federal Law of 07.24.09 No. 212-FZ; hereinafter - Law No. 212-FZ). It is clear that dividends (that is, the net profit distributed among the participants in the organization) do not fall under this definition, since these payments are not made within the framework of labor relations or civil law contracts. The regulatory authorities also confirm the correctness of this approach, noting that dividends are not subject to insurance premiums (letter from the FSS).

However, in a situation where the organization incurs a loss at the end of the year, the approach to calculating insurance premiums on interim dividends may change. After all, officials believe that insurance premiums are subject to, among other things, those payments to employees that are not directly spelled out in employment contracts. According to the regulatory authorities, such payments are still made within the framework of the labor relations of employees with the employer, which means they are connected with labor contracts. The only exceptions are those payments that are listed in article of Law No. 212-FZ (see letters from the Ministry of Health and Social Development of Russia and). Guided by such explanations, the controllers may decide that if the company paid interim dividends to an employee (for example, a director) during the year, but did not receive profit at the end of the year, then these payments are not recognized as dividends. And since they were made within the framework of an employment relationship, insurance premiums must be charged on them. As a result, the reclassification of dividends into payments accrued in the framework of labor relations may lead to the formation of arrears on contributions and related penalties. In addition, you will need to submit updated reporting to the funds.

Note that this year this approach can be argued, since Law No. 212-FZ does not contain a definition of dividends, which means that the distribution of profits during the year can be considered a payment of interim dividends, even if at the end of the year the company was at a loss. But next year the situation will change, as insurance premiums will be calculated and paid according to the rules of Chapter 34 of the Tax Code (introduced by the Federal Law; see ""). Consequently, next year the term “dividends” will be used for the purpose of paying insurance premiums in the sense given by the article of the RF Tax Code. Therefore, our advice is simple: if the management has absolute confidence in the company's profitability at the end of the year, then you can safely pay interim dividends to persons with whom an employment contract has been concluded. Otherwise, it is better to postpone the payment of dividends in order not to pay additional contributions, fines and penalties.