In this publication the explanation about a reflection order in accounting and tax accounting of delivery of gifts and awards is given to employees of agricultural enterprises.
Gifts and awards can doubly be considered: as a salary and as the additional benefits provided for satisfaction of personal needs of workers. Thus their account and the taxation have the features. About them speech also will go to consultations.
I.ZA ACCOUNT OF FUND OF COMPENSATION
If delivery of gifts and awards to workers predusmotrena the collective (labor) agreement in razdele "Compensation" and the Provision on compensation, their cost joins in structure of fund of compensation (further – PHOTOS) the enterprises.
Tax accounting
Profits tax
Costs of payment of the specified awards and cost of the given-out gifts belong on enterprise VR as expenses on compensation (subitem 5.6.1 of the Law on profit).
Besides, costs of acquisition of gifts predyopriyaty also have the right to include in VR, as priobretaet them for conducting economic activity (subitem 5.2.1 of the Law on profit).
Delivery of gifts should be considered as prodazhu as repayment of debt on a salary regarding the added cost of a gift as pooshchriyotelny payment to workers is carried out in a nedeyonezhny form. It means that is made vzaimozachet which is possible in the presence of counter debt. And similar debt obrazuetsya only at sale operation.
Thus, at delivery of gifts there is VD which pays off proceeding from contractual prices, but not below usual gifts operating on date of issue (subitem 7.4.3 of the Law on profit).
VAT
The enterprise has the right to the Tax Code on the VAT upon purchase of gifts for workers, as they ispolzuyutsya for conducting economic activity.
At delivery of gifts it is necessary to add BUT on the VAT as delivery operation (item 1.4 and subitem 3.1.1 of the Law on the VAT takes place). Taxation basis opredelyaetsya proceeding from the actual price of operation, but not below the usual prices.
Personal income tax and insurance fees
Awards and the gifts provided to workers according to the collective (labor) agreement as incentive and compensatory payments, for taxation of the personal income tax join in structure zarplaty (Law No. 889 item 1.1).
At income charge in the form of a gift the object of a nalogoyooblozheniye decides proceeding from the usual price with the ucheyoty VAT (if the enterprise – the payer of the VAT) and on a priyomeneniye of factor 1,176471 (Law No. 889 item 3.4).
Let’s notice that the order of the taxation of gifts depends on the status of the donator:
• if this individual, is applied by Zakoyon No. 889 Art. 14;
• if the legal entity – gift cost oblagaetsya the personal income tax on a rate of 15 % from object of a nalogoobyolozheniye. To it points also GNAU in the Letter No. 2309.
In the form of No. of 1 DF the sum of awards and cost podarkov is reflected with a sign of the income 01 as a sostavyony part salaries (Order No. 451).
The sums of incentive payments a part of PHOTOS and assessed by the personal income tax, are object for an isyochisleniye of insurance fees in PF and OGSS funds in the general order.
Accounting
Let’s consider on an example a reflection order in the accounting of delivery of awards and the gifts provided by a koldo-dialect in the section "Compensation" and Provision on compensation.
Example 1
The agricultural enterprise – the payer of a tax on pribyl added an award and got gifts peredovikam productions to encourage them for performance of important tasks.
In particular, to tractor operator-driver Dobrun V. G. for August it is added:
• an award in the sum of 500 UAH.;
• the main salary for the executed work of-1 000 UAH.
Besides, the gift in cost (at the usual price) 600 UAH is handed over to it., including the VAT – 100 UAH.
This worker contains three children aged till 18 years, his wife doesn’t work. It has the right to application of raised NSL on children in the sum of 300 UAH. on each child (subitem 6.1.2 "in" the Law No. 889). And the limiting size of the income, dayoyushchiya such right, increases according to number of children (h. 2 subitems 6.5.1 of this Law).
For personal income tax deduction from Dobrun V. G. income the rasyoschitay:
1) gift cost for charge of the nalogooblagayeyomy income: 600 UAH. x 1,176471 = 705,88 UAH.;
2) total monthly taxable income: 500 UAH. + 705,88 UAH. + 1 000 UAH. = 2 205,88 UAH.;
3) the limiting size of the income granting the right to primeyoneny by raised NSL: 740 UAH. x 3 children = 2 220 UAH.;
4) total amount of raised NSL on children of 300 UAH. x 3 children = 900 UAH.
(On themselves) the worker has no rights to usual NSL, as his income more limiting size (740 UAH.), subitem 6.5.1 of the Law No. 889 established p.1.
As the income of the worker for August (2 205,88 UAH) doesn’t exceed the limiting size for application of raised NSL on children (2 220 UAH.), this privilege can be applied in the sum of 900 UAH. at a personal income tax uderzhayoniya.
(UAH.)
II. AT THE EXPENSE OF ENTERPRISE PROFIT
In some cases, when delivery of awards and podarkov to workers isn’t provided by the collective (truyodovy) agreement in the section "Compensation", raboyotodatel encourage them razovo, for example in connection with anniversary, by a holiday, to the City Day, sat down, etc. And such single encouragement isn’t connected with konyokretny results of work.
Tax accounting
Profits tax
In similar situations the suffered expenses can’t be included in structure of VR of the enterprise as they are directed on financing personal potrebnosyoty individuals (subitem 5.3.1 of the Law on profit).
At delivery of gifts there is VD proceeding from the obychyony prices as gifts are received by individuals (subitem 7.4.3 of the mentioned Law).
VAT
Acquisition of gifts in the case under consideration isn’t connected with economic activity of the enterprise therefore on the VAT it loses the right to the Tax Code (subitem 7.4.1 of the Law on the VAT).
However at delivery of a gift BUT on the VAT it is necessary to add proceeding from the usual prices as it is available transition of an ownership right to a gift, i.e. proisxodit goods delivery (item 1.4, subitem 3.1.1 of the Law on the VAT).
Personal income tax and insurance fees
Gifts and awards to workers at the expense of profit a predyopriyatiya – this additional benefit assessed by the personal income tax. At delivery of gifts object the nalogooblozheyoniya, as well as in the first situation, decides on a primeyoneniye of the usual price of a gift taking into account the VAT, umnoyozhenny on factor 1,176471 (item 3.4, Law No. 889 subitem 4.2.9).
In the form of No. 1DF these payments are reflected with a sign of the income 09 (Order No. 451).
In PF and OGSS funds for the sum of preyomiya and cost of gifts too it is necessary to estimate insurance fees, as the specified payments join in PHOTOS (Instruction No. 5 subitem 2.3.2) and are subject to personal income tax taxation.
Accounting
The accounting of the operations connected with delivery of gifts at the expense of profit of the enterprise, we will consider on an example 2.
Example 2
The I Agricultural enterprise – the payer of FSN in sentyabre by Day of the village handed over to the pig-tender Béla V. V. a teleyovizor in cost at the usual price of 1 200 UAH. (including the VAT – 200 UAH.). A salary of the worker for September – 500 UAH. It has the right on primeneyony of usual NSL (200 UAH.).
Payers of FSN don’t conduct tax accounting.
(UAH.)
List of documents
1. The law No. 889 – the Law of Ukraine from 22.05.03 of No. 889-IV About a tax on the income of individuals.
2. 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.
3. An order No. 451 – the Order of filling and representation by tax agents of tax calculation of the sums of the income, nachisyolenny (paid) in favor of taxpayers, and the sums of the tax withheld from them, approved by the order GNAU from 22.09.03 of No. 451.
4. The letter No. 2309 – GNAU letter from 12.03.07 of No. 2309/6/17-0216 About the taxation of gifts.
5. The letter No. 10013 – GNAU letter from 08.11.04 of No. 10013/6/15-1116 About letter consideration.