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What period is subject to the new rules, which the physical persons income recognized material gain

Legal advice 05.07.2018 at 10:31

Legal advice

1 January 2018 material benefit received from economy on

the interest for using borrowed (credit) funds, are recognized

income subject to at least one of the conditions listed in art.

7-8 sub. 1 clause 1 of article 212 of the Tax code that apply since

with the tax period in 2018 regardless of the date of conclusion

loan agreement (credit). This conclusion is contained in a letter from the Department

tax and customs policy of the Ministry of Finance of Russia from June 26, 2018. n

03-04-07/43786 "On personal income tax revenues in the form of material benefit from the

economy on percent for using borrowed (credit) funds."

That is, the rules of the above articles also apply to treaties

loan (credit) entered into prior to January 1, 2018.


indicated the conditions under which the income is received by natural persons in the

the form of material benefit. According to the first condition, the borrowed (credit)

the funds must be obtained from SP or organizations accept

interdependent in relation to the taxpayer, or with which

natural persons concluded a contract of employment. For the second condition,

material benefit should be the financial help or

by way of counter-performance entrepreneur, by the organization before the taxpayer

its obligations. Including payment for supplied goods,

services rendered or work performed.

Recall that the income

the taxpayer in the form of material benefit is the benefit from saving

the interest for using borrowed (credit) funds

derived from FE or organizations except for the cases provided for

par. 2-4 signature. 1 clause 1 of article 212 of NK of the Russian Federation.