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What are the limitations you need to comply with the tax agent subject to deduction of income tax from the income of the taxpayer

Question - answer - Legal advice 14.01.2019 at 10:40

Question - answer - Legal advice

The withholding of personal income tax, previously calculated but not deducted by mistake from

previously made payments to the taxpayer, the total size of all

deductions may not exceed 20% of salary (letter of the Department

tax and customs policy of the Ministry of Finance of 12 December 2018. n

03-04-06/90098). The financiers have indicated that in such cases, the restriction

provided by article 138 of the Labour code. We will add that according to this

normal according to the Executive documents of the debtor to retain not more than

50% of the wages and other income. And in some cases, for example,

when collecting of the alimony on minor children, the size of the deduction

may not exceed 70% of wages.

the Ministry

recalled that upon payment to the taxpayer of the income in-kind

or when you receive income in the form of material benefits, the withholding agent

calculates and withholds income tax for the account of, any income paid to

cash. In this case, the amount of personal income tax may not exceed 50% of the amount

billable revenue in the form of money (par. 2 clause 4 of article 226 of the tax code).

the General rule is that tax agents are obliged to withhold personal income tax from income

the taxpayer when it is actually paid (paragraph 4 of article 226 of the tax code).

Recall that failure to withhold personal income tax for tax

period, the tax agent should inform the taxpayer and

to the tax authority no later than 1 March following the expired tax

period (clause 5, article 226 of NK of the Russian Federation).