In this article the design procedure of a vacation pay, the taxation of the vacation pay having for different months is stated.
Types of annual holidays
Types of annual holidays which are defined by Law No. 504 Art. 4, we will present on the scheme.
Duration of the main holiday can’t be less than 24 calendar days (to.) for the fulfilled year (Law No. 504 Art. 6).
Concrete duration additional otpuskov employees of agrarian and industrial complex for work with harmful and tyayozhely working conditions and for special character raboty is established in the collective agreement (item 5.11 of the Industry agreement).
Calculation of holiday payments
Holiday payments pay off proceeding from a sredyony salary for the last 12 kalendaryony months of the work previous month of a preyodostavleniye of holiday, or for smaller actually otyorabotanny period (from the first date, kotoyory follows after a month of registration for work, to the first date in which leave is granted).
At calculation of an average salary the following payments (Order No. 100 item 3) are considered:
• the main salary for the executed work;
• surcharges and extra charges to tariff rates (dolzhnoyostny salaries);
• production awards and awards for economy of fuel, electro – and heat power;
• compensation following the results of work in a year, for vyslugu years, etc. (to a salary of every month of the settlement period 1/12 sums of the vozyonagrazhdeniye added in the current year for preyodydushchy year) increase;
• payments in time during which average earnings (during the previous ezhegodyony holiday, official journey, etc. remain);
• a grant in connection with temporary loss of a trudosposobyonost (VPT) (including payments in connection with payment of the first 5 days of VPT, on pregnancy and childbirth, poskolku according to Art. 82 item 3 the Labour Code for providing holiday joins in length of service time, for the koyotory the material security on OGSS was allocated).
Other payments besides listed not in calculation of an average salary at a nachisyoleniye of a vacation pay (Order No. 100 item 4).
For calculation of the sum of a vacation pay the formula is used:
Vsum
About = – x To,
TO – P – N
where About – the sum of a vacation pay;
Vsum – the sum of payments in 12 months or the menyyoshy fulfilled period;
To – quantity to. in the settlement period. If the settlement period is equal to 12 months, a kolicheyostvo to. to it is equal 365 (366 – for a leap-year);
P – quantity festive and the days off provided by Art. 73 the Labour Code. In total in a year krome days off – 10 festive and the days off;
N – number of days during which the rabotyonik wasn’t engaged in labor activity and behind it the salary (or remained partially) didn’t remain. Days otpuska without salary preservation, predoyostavlenny on the basis of Law No. 504 Art. 25, days of idle time not because of the worker, etc. here join;
To – quantity to. holiday.
Thus, for calculation of a vacation pay it is necessary:
1) to define the settlement period, for which ischislyaetsya an average salary, and quantity to. in the period;
2) to calculate for the specified period the sum of the payments included in calculation of an average salary;
3) to estimate a srednednevny salary;
4) to define the sum of a vacation pay by multiplication of a srednednevny salary to a holiday prodolzhitelyyonost in to.
Let’s remind that a vacation pay isn’t indexed, poskolku pays off from indexed vyplat in the settlement period.
"Passing" vacation pay
In many cases a vacation pay is charged for time having for different months, a so-called "passing" vacation pay.
Charge of the sums of the vacation pay having on neskolko of months, in accounting can osushhestvlyatsya by two options:
option 1: a vacation pay for current and for following is reflected months separately on subaccount 661 credit that month in which holiday and vyplachivayutsya a vacation pay begins;
option 2: a vacation pay is reflected on the credit subscheta by 661 parts, that is those months on which they fall.
In our opinion, actions according to option 2 are more logical and convenient therefore in an example we use this option.
To data: in any case irrespective of poryadka accounting a vacation pay should vyplachivatsya not later than 3 days prior to the beginning of holiday (Law No. 504 Art. 21).
Taxation of a vacation pay
Holiday payments are included into fund of an additional salary (Instruction No. 5 subitem 2.2.12) therefore their taxation is similar to the main zayorabotny payment.
Certain difficulties arise at a nalogoobloyozheniye of a "passing" vacation pay.
Let’s understand the matter fully.
PERSONAL INCOME TAX
By the law No. of 889 (subitems 6.5.1) it is provided that in celyax definitions of the limiting sum of the income giving the right to NSL, holiday payments (their part) belong to the corresponding periods of their charge (separately for the current and next months).
However to transfer into the personal income tax the budget it is necessary at the same time with payment of a vacation pay, including passing on the next month.
Insurance fees for OGSS
The specified contributions are charged for the sums of a vacation pay distributed by the month (Letter No. 20-302).
Payments for each separate month are compared with operating at the moment of charge of a vacation pay in the maximum size of the income, on which nachislyayutsya insurance fees (now – 4 960 UAH. in a month).
In the same order insurance contributions in the Pension fund (Instruction No. 21-1 subitem 5.1.7) are assessed.
However to list insurance fees in social funds it is necessary in the full sum (added on a vacation pay of the current and next months) at a poyolucheniye of funds for a leave allowance.
Example
The milkmaid of agricultural enterprise – a playotelshchik of FSN is granted annual leave from 14.08.06 to 14.09.06 inclusive. The Prodolyozhitelnost of holiday 31 to., including:
• 24 to. – the main holiday;
• 7 to. – additional holiday as the worker has two children aged till 15 years.
The period of holiday is defined taking into account the holiday (on August 24 – Independence Day). The settlement period makes 9 months (from 01.11.05 to 31.07.06) as the milkmaid is employed 10.10.05.
During the settlement period the worker oformlyala holiday without payment on 30 to. in connection with a bolezyonye of mother.
In the settlement period the following payments are added:
• the main salary – 6 500 UAH.;
• surcharge to a tariff rate for expansion of a zone of service – 1 030 UAH.;
• an extra charge for a high professional masteryostvo – 917 UAH.;
• production awards – 780 UAH.;
• a grant in connection with VPT (including for the first 5 days) – 420 UAH.;
• the sum of indexation of a salary – 51 UAH.;
• financial support on treatment – 500 UAH.
Salary for August – 370 UAH., for September (after holiday) – 450 UAH.
Vacation pay and a salary for August is received for the entire period of holiday in bank and paid 10.08.06, insurance fees and the personal income tax are at the same time listed.
Calculation of a vacation pay:
1. Quantity to. in this settlement period for calculation of a srednednevny salary:
273 to. – 9 to. (festive) – 30 to. (holiday without salary preservation) = 234 to.;
2. The sum of the payments included in calculation of an average zarayobotny payment:
6 500 UAH. + 1 030 UAH. + 917 UAH. + 780 UAH. + 420 UAH. + 51 UAH. = 9 698 UAH.
3. Srednednevny salary:
9 698 UAH.: 234 to. = 41,44 UAH.
4. Sum of a vacation pay:
41,44 UAH. x 31 to. = 1 284,64 UAH., including:
• for August it is necessary 17 to. – 704,48 UAH.;
• for September – 14 to. – 580,16 UAH.
Reflection of the taxation of a vacation pay, prixodyashhixsya for different months, is presented in tab. 1.
Table 1
The sum to delivery – 1 389,16 UAH. (1 654,64 – 33,09 – 16,54 – 8,27 – 207,58).
The order of reflection of holiday payments in the account is given in tab. 2.
Table 2
(UAH.)
List of documents
1. The Labour Code – the Labor code of Ukraine from 10.12.71 of No. 322-VIII.
2. The law N 504 – the Law of Ukraine from 15.11.96 of No. 504/96-BP About holidays.
3. The law No. 889 – the Law of Ukraine from 22.05.03 of No. 889-IV About a tax on the income of individuals.
4. The instruction No. 5 – the Instruction on the salary statistics, approved by the order of Goskomstat of Ukraine from 13.01.04 of No. 5.
5. The instruction No. 21-1 – the Instruction about an order of calculation and payment by insurers and the insured persons of contributions to obligatory state pension insurance in the Pension fund of Ukraine, approved postanovleniyoy boards of the Pension fund of Ukraine from 19.12.03 of No. 21-1.
6. An order No. 100 – the Order of calculation of the average salary, approved by the resolution KMU from 08.02.95 of No. 100.
7. The letter No. 20-302 – the letter of Ministry of Labor from 27.05.04 of No. 20-302 About charge of contributions to the sums of a vacation pay ("Balans-Agro", 2004, No. 13).
8. The industry agreement – the Industry agreement between the Ministry of an agrarian policy of Ukraine, branch associations of the enterprises and trade union of employees of agrarian and industrial complex of Ukraine for 2006-2008.
(On Balans-Agro newspaper materials).