25.08.2019
Working parents by law have the right to enjoy a certain advantage in the calculation of wages - a reduction is permissible due to the deduction for children.
This will increase net income.
Personal income tax or, in deciphered form, personal income tax in the general case has a rate of 13% and is withheld by the employer from the wages of employees directly upon payment. The basis for this is the amount of salary received during the year.
In an employment contract with an employee of the company Ivanov A.A. the payment of his labor in the amount of 30 thousand per month is provided.
When paying salaries, following the norms of Russian legislation, the company's accountant will withhold 13% of personal income tax or 3900 from it and transfer this amount on the same day or the next to the treasury accounts.
As a result, the actual income of the employee will be 20000 - 2600 = 17400.
Important! Income tax is levied not only on wages, but also on other employee payments: vacation pay, sick leave, compensation, but the presence of children is not taken into account when calculating personal income tax from these incomes.
How to reduce the tax burden on wages if there are children in the family?
If there is one or more children under 18 or full-time students under 24 in the family, persons receiving income taxable income are entitled to a flat tax deduction.
Due to this benefit, the tax burden on the employee is reduced. ?
If the employee Ivanov A.A. one minor pupil, he is entitled to a benefit in the amount of 1400 rubles. per month.
Suppose his annual contract income is: 20,000 × 12 months = 240,000.
The total amount of income tax at a rate of 13% will be equal to 31,200 rubles, and his net income in hand:
240000 – 31200 = 208800.
If in this situation apply a deduction for one in the amount of 1400 rubles. per month or 16800 per year, then the amount of personal income tax for the entire year, taking into account the deduction, will be:
(240000 - 16800) × 13% = 29016.
And the employee will receive:
240000 – 29016 = 210984.
The deduction is the amount of income on which income tax is not withheld.
Their sizes for children are indicated in paragraph 3 of paragraph 1 of Article 218 of the Tax Code of the Russian Federation.
What amount is not subject to income tax if there are minors (or students under 24):
The taxation of an individual's income can be reduced by applying a standard deduction.
The amount of the deduction reduces the amount of income subject to personal income tax and is applied to amounts taxed at a rate of 13%.
The obligation to provide a standard deduction is borne by the employer - the tax agent. The benefit is declarative in nature and is applied at the initiative of the employee.
The amount of annual income to which the benefit is applied on a monthly basis has a limit established by law. In 2019 income limit for the application of the standard deduction by all categories of parents is set at 350,000 rubles. The amount is set for the tax period for personal income tax - the calendar year.
The calculation of the amount of income is carried out on an accrual basis. For persons with several jobs during the year, the amount of income is calculated taking into account previously received amounts based on the information provided. Starting from the month in which the accrual amount exceeded the limit, the benefit is not applied.
The deduction is understood as the amount established by law to reduce the tax base.
For tax payers base includes all types of income received in any form are taxable at a rate of 13%. In the Tax Code of the Russian Federation, Art. 218.
standard deduction provided to a person who has a child.
Apply deduction you can, if you have a child:
The deduction is given to each of the parents, adoptive parents or one of them in double size. The second spouse must provide a certificate from the employer on the absence of benefits and an application for consent to the transfer of rights.
If the mother of the child is on parental leave, the father does not have the right to a double deduction. The reason is that the spouse does not have income subject to personal income tax at a rate of 13%.
Similarly, non-working persons do not have the opportunity to transfer the right to a deduction to a spouse.
If the person has multiple jobs the right to apply the deduction is available only for income from one employer. A person has the opportunity to choose an enterprise to apply for the benefit.
Right to receive Benefits are available to:
The amount of the deduction depends on the number of children and their priority.
If there is a right to several deductions, the benefits are summed up. Chronological order is used to determine the priority of children. Relatives, adopted children, deceased children participate in the calculation. Age is not taken into account when determining the order. For example, if the oldest child is 24 years old, he also participates in the calculation of the priority.
In the event of the termination of a marriage in which non-native unadopted children were kept, the right to a deduction from the former spouse who is not native to the children is lost. At the same time, it will be necessary to revise the order of children, about which it is necessary to notify the accounting department of the enterprise that keeps records of deductions.
Provided:
A deduction in the amount of 12,000 rubles is provided to parents and adoptive parents, 6,000 rubles - to guardians and equivalent categories. The right is granted to persons with disabled children under the age of 18 or full-time students.
Eligibility must be documented to prove eligibility.
To qualify for an accounting benefit, provide:
There is no direct indication of the frequency of submission of certificates of study in the legislation. The main requirement is to confirm the fact of training. Employees of the accounting department of the enterprise can request confirmation of studies annually or twice a year - at the beginning of the calendar (January) and academic year (September).
There are non-standard cases when a person is divorced from a spouse, but pays alimony for maintenance. Or an option in which the spouse of the remarriage does not adopt the child, but actually supports him.
When applying for a benefit, these categories of persons must provide additional documents:
The main part of the documents, with the exception of certificates for the intended purpose, are important forms for the applicant for benefits. It is enough to attach copies of documents to the application.
The originals may be requested for presentation by the responsible person of the accounting department, auditor, tax inspector.
The deduction is provided when calculating wages by the employer. If a person does not timely submit an application for a deduction with documents or a certificate confirming the fact of study, the benefit is not provided.
An individual can return the due amount of tax through the IFTS after the expiration of the calendar year. The taxpayer can exercise the right within 3 years after the end of the calendar year.
Refund made on the basis statements, declarations, certificates of income and documents confirming the benefit. The excessively paid amount of personal income tax is transferred to the person's account after a desk audit of the Inspectorate.
An application for a benefit is made only once.
The employer may again offer to draw up an application when changing the amount of the deduction and the presence in the document of a direct indication of the amount of the benefit. The employee also declares the termination of the right in writing.
In the traditional version, the document is submitted to the accounting department upon employment or at the birth (adoption) of a child.
The application has standard building structure:
The document is signed by the applicant with a transcript and the date of compilation. An electronic application form with the original signature of the person is allowed. The application is kept in the accounting department simultaneously with the attached documents during the entire period of the benefit.
After dismissal or termination of the right, the application with attachments is archived and stored for 75 years with other documents on the basis of which wages were calculated.
The provision of benefits is applied from the month of birth, the conclusion of an agreement on the transfer to a family or the adoption of a child.
Deduction granted subject to confirmation of rights in order:
The employee must notify the accounting department of the termination of the student's right to deduction. In case of untimely notification and an overpayment, the amount of tax underpaid to the budget is paid by the person independently, accompanied by a 3-NDFL declaration.
The deductions stop when you reach the age of 18, the termination of education. The taxpayer is given the opportunity to receive the benefit in full in the year of termination of the right. The exception is the case when the child stopped studying before he reached the age of 24. In this situation, the benefit ends in the month of graduation. In all other cases, the loss of the right arises from January of the month following the year the benefit was terminated.
Consider a situation where the Nikolaev spouses have a common child.
Nikolaev N.N. there are two minor children from the first marriage, for the maintenance of which alimony is regularly paid. The fact is documented.
As a result of determining the priority, Nikolaev N.N. is entitled to deductions in the amount of 5800 (1400 + 1400 + 3000) rubles. A spouse for whom a joint child is the firstborn can claim a deduction of 1,400 rubles.
Worker Nikolaev N.N. has a monthly income of 35 thousand rubles. Monthly income must be taxed, the amount of which is 4550 rubles. After applying for a deduction, a benefit in the amount of 5,800 rubles was applied to income.
The amount of the monthly tax is 3,796 (35,000 - 5,800 = 29,200 * 13%) rubles. The savings amounted to 4550 - 3796 = 754 rubles per month.
The benefit is applied until the employee receives the maximum income of 350,000 rubles. The amount was reached in October (35,000 * 10), which indicates the loss of rights and the termination of the deduction. The total annual savings amounted to 6786 (754 * 9) rubles.
For single parents the benefit is doubled. There are several reasons for which the status of a single parent arises - divorce and deprivation of parental rights, the death of a spouse, the birth of a child out of wedlock and without recognition of paternity, and others. It is necessary to provide a document certifying the right to the accounting department or tax authority - a certificate of death of a spouse, a decision, and others.
In most cases, the status of a single parent is quite simple to confirm. When a person enters into marriage, the right to double the amount of the benefit is lost. The fact that a child is adopted by a new spouse does not matter.
Consider the case where the deduction is granted to the spouse of the person paying child support. In this case, the amount of alimony is transferred from the general budget of the family.
Based on the provisions of the RF IC, family income is jointly acquired. The spouse of the alimony also participates in the maintenance of the child, which allows her to claim benefits from the employer.
The right to a child support deduction is not lost when the child reaches the age of 18 if he continues his studies. The condition for receiving benefits is the provision of material support with documentary evidence of the transfer of funds by receipts or an extract from the current account.
The standard tax deductions for children are described in the following video tutorial:
Last update 09.09.2019Reading time: 6 min.
According to tax legislation, the state annually provides each taxpayer with a child with a discount when paying personal income tax - a standard tax deduction for children.
The return of personal income tax is a kind of tax benefit, due to which the tax base is reduced - the part of earnings that is taxed. The deduction is used monthly. But if the total salary from January is more than 350,000 rubles, the parent will be able to apply the benefit until the month in which the salary reached the annual limit.
The Ministry of Finance issued new clarifications on November 7, 2018 No. 03-04-05/80099 on granting a deduction to spouses who have children from a previous marriage. The main condition is that the children are supported by them - they live together or pay alimony. The standard benefit is available for all children of both spouses. The order of the child is determined by date of birth.
On February 15, 2018, the Ministry of Finance published an explanatory letter No. 03-04-05 / 9654 in which it states that if an employee took a vacation at his own expense, this does not prevent him from receiving a standard tax deduction for a child. The tax period includes all months, even those in which the employee did not receive payments.
The Ministry of Finance, in a letter dated March 20, 2017, indicated the exact amount of the deduction for a disabled child. The fact is that an individual has the right to a refund from personal income tax upon birth and upon disability (from 6,000 to 12,000 rubles). As a result, benefits are cumulative.
350 000 rub. - limit for deducting personal income tax in 2019The requirements that must be met in order to apply tax benefits for a child are prescribed in Article 218 of the Tax Code of the Russian Federation:
If you rent an apartment, garage, or other property and report income to the Federal Tax Service, you can also claim your right to a refund.
When calculating the tax refund, the number of children and the order of their birth (from youngest to oldest) are taken into account. A table of the amount of income from which income tax will not be withheld in accordance with the tax relief provided in 2019.
It turns out that, for example, for a parent of three minors, the amount of 5,800 rubles is allocated from income, which is not included in the calculation of personal income tax - it is charged from the rest of the salary.
To understand how the described tax benefit is applied, consider an example of its calculation.
Borodina K.S. has a large family - four minor dependents (15, 14, 7 and 4 years old).
Her salary is 40,000 rubles before the deduction of personal income tax.
Borodina K.S. has the right to use the refund for all children: for two younger children, 1,400 rubles each, and for older children, 3,000 rubles each month.
Therefore, the total value is 8800. The amount will be deducted from K. Borodina’s salary until July - next month her income will exceed 280,000.
The woman's employer will calculate personal income tax from 31,200 rubles of her salary: (40,000 - 8800) × 0.13 = 4056 rubles.
The right to tax benefits begins from the moment of birth, or the entry into force of a court order on adoption (an agreement on the transfer of a child to foster parents).
The right is terminated from the moment:
When calculating the deductions, all children in the family are taken into account, even if they have grown up a long time ago.
A double tax refund can be obtained if the second parent waives their benefit in favor of the first. He is a taxpayer whose earnings are subject to personal income tax.
Can't refuse:
You can apply for benefits at your place of work. The applicant provides the employer with:
The single parent is also entitled to use the double deduction, if the fact of the death or the unknown absence of the second is officially confirmed.
Withheld personal income tax can be returned for past years, but only for the last 3. In 2019 - for 2018, 2017 and 2016.
At your job, most likely, the accountant will refuse to recalculate for you, since his financial year has already been closed. Therefore, you need to take a 2-NDFL certificate, original documents for a return and an application. Then fill out the 3-NDFL declaration and submit it to the Federal Tax Service.
Documents can be submitted in person or by mail. The tax office will check all the information for 3 months, make a recalculation and return the overpaid tax.
For women who went on maternity leave or left it, the Ministry of Finance and the Supreme Arbitration Court issued instructions and clarifications on settlements.
The employer himself cannot provide tax deductions, no matter how many months a year the employee had no income, otherwise he will face fines from the Federal Tax Service under Article No. 123 of the Tax Code of the Russian Federation. But the employee herself at the end of the year can apply to them and receive the lost benefits for the child by recalculation. To do this, you will need to submit a declaration in the form of 3-NDFL and other necessary documents.
Sometimes they still refuse a tax deduction, it is best to contact the Federal Tax Service in advance to find out all the nuances.
The application of the deduction is possible only after the parent has applied with an application and provided a list of documents. The application is submitted once for all the time until your job or life circumstances change, for example, the birth of another child.
If the applicant has several official places of work, he must choose one of them and submit to the employer:
If the parent is single:
If the taxpayer is a guardian:
If the parent receives a tax deduction, the following is required:
If the documents are submitted directly to the Federal Tax Service, the applicant must submit the original documents.
One of the standard tax deductions is the deduction for the taxpayer, which is provided to certain individuals, for example, "Chernobyl victims", disabled since childhood, parents and spouses of dead military personnel. A complete list of individuals who may qualify for a standard deduction is specified in paragraphs. 1, 2, 4 article 218 of the Tax Code of the Russian Federation.
Taxpayers entitled to more than one standard tax deduction are granted the maximum of the applicable deductions. The deduction for children is provided regardless of the provision of other standard tax deductions.
Standard tax deductions:
deduction for the taxpayer
This type of standard tax deduction is provided to 2 categories of individuals listed in paragraph 1 of Art. 218 of the Tax Code of the Russian Federation.
deduction per child(ren)
The deduction for a child (children) is provided up to the month in which the taxpayer's income taxed at the rate 13%
and calculated on an accrual basis since the beginning of the year, exceeded 350,000 rubles. The deduction is canceled from the month when the employee's income exceeded this amount.
If the spouses, in addition to a common child, have a child from early marriages, the common child is considered the third.
Provided to taxpayers who support a child (children).
Write an application for a standard child tax credit (children) to the employer.
Prepare copies of documents confirming the right to receive a deduction for a child (children):
If the employee is a single parent (single foster parent), it is necessary to supplement the set of documents with a copy of the document certifying that the parent is the only one.
If the employee is a guardian or guardian, it is necessary to supplement the set of documents with a copy of the document on guardianship or guardianship of the child.
Contact your employer with an application for a standard tax deduction for a child (children) and copies of documents confirming the right to such a deduction.
To correctly determine the amount of the deduction, it is necessary to line up the order of children according to their dates of birth. The first born child is the oldest child, whether or not a deduction is granted.
If the taxpayer works simultaneously for several employers, the deduction at his choice can be granted only with one employer.
Matveeva E.V. four children aged 16, 15, 8 and 5 years old.
At the same time, her monthly income (salary) is 40,000 rubles.
Matveeva E.V. filed a written application addressed to the employer for a standard tax deduction for all children: for the maintenance of the first and second child - 1,400 rubles each, the third and fourth - 3,000 rubles a month.
Thus, the total amount of the tax deduction amounted to 8,800 rubles per month.
Every month from January to August, the employer will count on his employee Matveeva E.V. Personal income tax from the amount of 31,200 rubles received from the difference between taxable income at a rate of 13% in the amount of 40,000 rubles and the amount of a tax deduction in the amount of 8,800 rubles:
Personal income tax \u003d (40,000 rubles - 8,800 rubles) x 13% \u003d 4,056 rubles.
Thus it is on the hands of Matveeva E.The. will receive 35,944 rubles.
If Matveeva E.V. did not apply for a deduction and did not receive it, then the employer would calculate personal income tax as follows:
personal income tax = 40,000 rubles. x 13% \u003d 5,200 rubles, income minus personal income tax would be 34,800 rubles.
In some cases, for example, for a single parent, the amount of the deduction can be doubled. At the same time, the fact that the parents are divorced and non-payment of alimony does not mean that the child does not have a second parent and is not a basis for receiving a double tax deduction.
If during the year the standard deductions were not provided by the employer or were provided in a smaller amount, the taxpayer has the right to receive them when submitting a personal income tax return to the tax authority at his place of residence at the end of the year.
In this case, the taxpayer must:
Obtain a certificate from the accounting department at the place of work on the amounts of accrued and withheld taxes for the corresponding year in the form 2-NDFL.
Prepare copies of documents confirming the right to receive a deduction for a child (children).
Provide the tax authority at the place of residence with a completed tax return with an application for a standard tax deduction and copies of documents confirming the right to receive a standard tax deduction.
* If the submitted tax return calculates the amount of tax to be refunded from the budget, submit an application for a tax refund to the tax authority (together with the tax return, or at the end of an in-house tax audit).
The amount of overpaid tax is subject to refund at the request of the taxpayer within one month from the date of receipt by the tax authority of such an application, but not earlier than the end of the in-house tax audit (clause 6, article 78 of the Tax Code of the Russian Federation).
When submitting copies of documents confirming the right to a deduction to the tax authority, you must have their originals with you for verification by a tax inspector.
When applying for a job, employees who are parents of one or more children are entitled to receive monetary compensation from the state, the so-called deduction for children. In order for accruals to be received, it is only necessary to fill out an application and submit it to the accounting department at the workplace. After a while, the salary received on the bank card account will increase. No, they don’t give an increase for children, they just stop deducting from the salary for a while at 13% taxation on income received by individuals. Don't be discouraged if you haven't heard of the child tax credit. Receipt is allowed for the past 36 months. In the article we consider controversial situations that arise in the workflow of taxpayers, which may interfere with this.
Not every member of his family has the right to receive state compensation for children, but only persons from the following list:
Note! Only those parents who support the offspring financially have the right to receive the deduction.
For each case, family, child, the deduction is determined individually, depending on:
Table 1. Accrual amounts for different cases
Specifications | Sum |
---|---|
taxpayer's firstborn | 1 thousand 400 rubles |
second in command | 1 thousand 400 rubles |
born third and subsequent | 3 thousand |
12 thousand | |
6 thousand |
In addition to receiving compensation in the amount indicated in the table, some parents are entitled to claim double compensation. It relies on those persons who keep the child alone. The acknowledgment of this loneliness must be made in a judicial manner, and not spontaneously improvised by one of the divorced spouses. The criteria include cases where:
Loneliness official continues until the real preservation of this status. When a parent enters into marriage, claims for double compensation cease to be considered legitimate and, therefore, no longer go to the new spouse.
It is impossible to refuse to provide compensation to the second parent of children in the following cases:
It should be noted that the determination of the amount of compensation due to relatives of children with disabilities in 2017 is made by adding the possible deductions for a disabled person and at the usual children's tariff.
Let's take an example. The Petrov family has two children. The eldest child is completely healthy, and they are entitled to a deduction of 1,400 rubles for him. The youngest son was born with a disability, at the moment he is only 4 years old. For him, from the state, Petrov is entitled to the amount of the standard children's accrual, as for the eldest son, plus the amount due for his own disabled children, that is, 12 thousand + 1 thousand 400 rubles = 13 thousand 400 rubles.
In fact, the issuance of compensation for children is not carried out separately, it is only possible to increase the salary issued to the employee-parent by the due amount by canceling the withdrawal of 13% of the tax on personal income tax from the due money. In 2017, the provision of payments takes place every month of the current reporting period, until the month comes in which the employee's remuneration, determined according to the cumulative total, does not reach the value of 350 thousand rubles. At this point, compensation will no longer apply.
The same restriction applies for the next 12 months.
Table 2. Timing of compensation
When does delivery start? | When the provision ends | The moment of loss of the right to receive compensation |
---|---|---|
Receiving compensation from the state in 2017 may be accompanied by some controversial situations. Let's see what they can be.
Situation 1. If for several months the employee did not receive wages at the workplace, that is, in general, he had no income. The reasons for this can be different, as a rule, these are:
However, it is necessary to calculate the deduction even for those months when the employee's salary was not received. It turns out that all the accrued money will be given to the employee the next time he receives income subject to taxation by the tax system.
Situation 2. If the specified income limit has been exceeded. When one parent received more than 350 thousand in a year, and the second did not reach this level, in order to continue providing deductions, it is necessary that the first parent draw up an application for the transfer of compensatory rights in favor of the second.
Situation 3. When depriving parental rights, a person can receive money for children only if he continues to provide for their livelihoods, that is, he pays maintenance deductions.
Situation 4. If children stay or live abroad for a long time, the law does not prohibit receiving a deduction for them. To achieve it, it is necessary to provide confirmation from foreign authorities that the child lives in a particular country or is studying. If the children go on academic leave, interrupting their studies, the parent is still entitled to payments.
If out of the ordinary situations arise, which are not included in the list presented above, consult a tax service with professional consultants and find out what to do. However, you can contact the inspectorate with any questions related to tax legal relations.
If, due to various circumstances, the employee was unable to receive the deduction due to children at the place of work and did not apply for it within 12 months, he can still collect the deduction due to the tax inspectorate, to which he belongs according to his place of residence. To do this, you need to attend to the preparation of a package of documents.
Let's look at their list in detail:
Don't know how to fill out forms and? You can familiarize yourself with these topics on our portal. Step-by-step instructions, sample forms, as well as how to avoid major mistakes when filling out the declaration.
Documents can be submitted in three ways:
Now let's move on to the consideration of the table, which details the documents confirming the relationship between the recipients of the deduction and the children, which must be submitted to the tax service.
Table 3. Required Documents
Relationship between beneficiary and children | Paper |
---|---|
native parent | |
foster mother or father | |
husband/wife of a natural or adoptive parent | |
adoptive person | |
caregiver or guardian of a child | certificates establishing rights from guardianship authorities |
for minor children | |
for financial support of children, for parents of divorced, deprived of their rights, registered at different addresses with children | |
to provide for children under 24 years old who are studying in higher educational institutions | certificate of training |
to provide for a child with a disability | medical certificate of disability in the form of a certificate |
single parent claiming double compensation | |
to receive double compensation in favor of one of the spouses-parents |
Simultaneously with documentary confirmation of the rights, it is necessary to provide at the place of work or to the tax office an application from a taxpayer receiving compensation providing for children. Most often, it is provided singly, however, if the circumstances that previously served as the basis for obtaining a deduction change, it will need to be rewritten.
The maintenance of children is becoming more and more expensive every year. It is not only about ensuring a decent standard of living, but also providing an opportunity to receive qualified medical care, study at a higher educational institution, etc. Each parent tries to give their offspring the best, and in order to reduce excessive expenses a little, the state provides them with compensation. For healthy underage children, it is small, but still a pleasant help. Parents of disabled people feel the state support much more clearly, however, their costs exceed the standard costs for healthy children.
Don't forget to apply for the employment deduction. If you do not work officially, you will not be able to receive money for children, but otherwise the employer or the tax office are obliged to provide you with the money you are entitled to.