Treasury acknowledges that financial benefit in the form of savings on the interest on the loan in case of delay of payment from an individual does not arise. So to pay tax on the income from the borrowers do not have it.
For several years, some bank borrowers ( of them Savings, etc.) who have committed even minor delinquencies on loans at the end of the calendar year to be notified about the need to file a tax return for the past year and pay the tax on personal income from the material benefits received from savings on interest on the loan.
Under the terms of the loan agreements of several banks current interest on the loan for part of the unpaid loan principal cease to accrue. It turns out, according to the Savings Bank during the period of delay in the payment of the next customer uses a part of the loan for free or credited at 0%, ie, receives financial benefits from savings on interest. And according to the Tax Code of material gain from an individual occurs when the rate of ruble credit below two thirds of the refinancing rate of the Central Bank and currency? 9% per annum. This gain and taxed, and the rate of 35%.
Typically, the amount of such tax claims against the borrower who has made late payments for one or two months, tens, sometimes hundreds of rubles. But the consequences of late submission of tax returns ( to 30 April of the year following the reporting year) is more serious. According to the Tax Code, the penalty only for failure to tax return on time with no personal income tax debt? 1000 rubles., And if the debt is added and the percentage of it.
? I not only had to pay a fine for overdue Sberbank one payment on consumer credits, but and spend time on preparation of the declaration, a trip to the tax office in April 2012 for the co-pay 17 rubles. PIT! But ignore the bank?s advice, I was afraid, because getting ready to leave for the Netherlands?? Natalia tells borrowing Savings cousin.
That late payment on the loan is classified as a source of material benefit, doubted even in the FTS. In March, the tax service said ? Vedomosti?: ? FTS aware of the problem and soon will hold consultations with the Finance Ministry, the results of which will be worked out in respect of the official position of the appearance of the material benefit of the borrower in case of delay loan payments?.
Recently, the Ministry of Finance Minister announced his position. In a letter dated September 10, 2012 ? 03-04-05/4-1092 ( text below) states that the definition of material benefit in respect of interest accrued on the amount overdue credit, the Tax Code does not provide.
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