Conditions for tax refund
Receiving 13% of the amount deposited into an IIS is subject to a number of requirements and restrictions. Only persons who are personal income tax payers are entitled to this benefit.
Otherwise, the investor is not entitled to any deductions, and the only option left is to open an account for another person who pays income taxes.
Important: The procedure for processing and paying tax deductions is regulated by Article 219.1, paragraph 1, paragraph. 2 of the Tax Code of the Russian Federation.
The state has introduced restrictions on amounts and terms:
- The maximum IIS deposit amount, which is the basis for calculating the return, is 400,000 rubles. As a result, the tax office returns no more than 52,000 rubles. per calendar year.
- The amount payable cannot exceed the amount of income tax actually withheld at the place of employment.
- This year you can get 13% only for the past year or for the past three years. If money was deposited into an IIS in 2021, you can apply for a 13% return in 2021–2022.
- The IIS must be closed no earlier than three years from the opening date.
- Payment of the deduction does not require waiting for the expiration of the three-year period. But if the IIS was closed before the deadline, the 13% received will have to be returned to the state budget. And also pay a penalty - 1/300 of the rate of the Central Bank of the Russian Federation, for each day of unlawful possession of returned tax funds.
You can replenish the IIS deposit at any time: at the beginning, middle or end of the calendar year. The moment of depositing money does not matter; a deduction is due from the entire amount, up to 400,000 rubles.
This means that you can deposit money two weeks before the account is closed and receive a benefit. Such a scheme is not a violation of the conditions, and it is not necessary to participate in trading on the stock exchange.
In this case, replenishment implies the transfer of money in rubles. Currency or other securities are not accepted.
Important: IIS is opened for a period of three years, accordingly, the investor can receive the benefit three times. The total amount that can be returned for the entire period will be 156,000 rubles: 52,000 rubles each. for every year.
Features of using IIS to apply for benefits
Let's take a closer look at several nuances related to using IIS and obtaining a tax deduction:
- A previously opened brokerage account cannot be transferred to an IIS. However, in parallel with the investment one, you can have any number of brokerage ones.
- You cannot withdraw money from an individual IP, even partially. Upon transfer, the account is immediately closed and if 3 years have not passed from the date of opening, the right to the benefit is lost irrevocably.
- Registration of a tax deduction under type “A” does not cancel the obligation to pay tax on profits under an individual investment account. It is calculated at the time of closing. That is, the user does not pay tax for all three years, but can use this money for investment purposes.
- A period of three years is the minimum period for using the account. After this time, it is not necessary to close it and take the money.
- It is permissible to close one IIS, and then open another and receive a deduction for it. There are no legal restrictions here. However, the period during which the first contract must be terminated cannot exceed one calendar month.
- To receive personal income tax there are no restrictions on the number or amount of transactions. The account can be used regularly or once in all three years.
- When dividends and interest income are credited to an IIS account by a broker, this is not considered a deposit, whereas from a bank account an investor is. An individual also has the right to receive a deduction from this money.
If all conditions are met, there will be no problems with refunds. It is recommended to select an account type not immediately, but closer to closing.
This will allow you to make calculations and understand which of the two options is more profitable.
Step-by-step video instructions for receiving an IIS deduction
The step-by-step process for processing compensation payments looks like this:
- Open an IIS with any broker.
- To put money into the account.
- For the next calendar year, submit the required package of documents to the Federal Tax Service at your place of residence.
- The tax office reviews the application and documents within three months.
- Within a month, the money is transferred to a bank account.
When an investor issues a tax refund under IIS “A” type, he submits documents to the Federal Tax Service independently.
Type “B” deductions are made through a broker - he is provided with certificates confirming that the benefit has not yet been used.
After which the tax agent, whose role is the broker, does not withhold income tax.
Required documents
The list of documents submitted to the Federal Tax Service to obtain a tax deduction under IIS includes:
- Application for deduction under IIS. It is necessary to indicate the bank details to which you want to transfer money. You can fill out a sample
- 3-NDFL. The IIS deduction is reflected in the declaration; it can be drawn up for a fee, from specialists, or through the “Legal Taxpayer” program - it is available on the tax office website and is available for use free of charge. A blank form for 2021 is possible, but it is important to remember that the Federal Tax Service periodically updates document forms.
- Documentary proof of payment of income tax indicating the amount. This may be a standard 2-NDFL certificate issued at the place of work.
- One of the documents confirming the right to personal income tax compensation: agreement to open an individual investment account; agreement on brokerage services or on trust management, drawn up in the form of a single document (which was signed by both parties); notification/application/notification of accession to a brokerage service or trust management agreement.
- Confirmation of crediting money to the IIS deposit: bank payment order; PKO on depositing funds in cash (issued at the cash desk when replenishing the deposit); if funds are transferred from another account, a transfer order is provided.
Important: It is necessary to submit to the Federal Tax Service not originals, but copies of papers and certificates. Therefore, they should be certified in advance by a notary.
The package of documents for obtaining a tax deduction under the IIS is submitted to the tax specialist in person; you must have a civil passport with you.
It can also be sent by registered or valuable mail with an inventory. First, inspection staff review the papers, then the funds are transferred to the specified details.
Official step-by-step instructions for receiving a deduction can be found on the tax service website at this link.
IIS
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Reasons for refusal to pay personal income tax
If we analyze the responses on the Internet, sometimes income tax payers encounter difficulties in obtaining a tax deduction for IIS.
Legally, a refusal can occur in several cases:
- Violation of the conditions for receiving benefits.
- Incorrect documentation.
- No reason.
If there are suspicions of fraud - when an account is opened and used exclusively for personal income tax refunds - the tax office may refuse.
This is a rather controversial point, because there are no restrictions on the minimum number of transactions. At the same time, it is better to participate in bidding - this will reduce the attention of authorized employees, and will also allow you to make greater profits.
One more point - an individual should have only one IRA. Technically, you can open two of them and claim a deduction for both. However, this is a direct violation of the law and an obvious financial fraud for the purpose of profit.
Also, a lawful refusal goes to everyone who is not a personal income tax payer. This category includes informally employed persons and individual entrepreneurs. The deduction is provided only for income tax, and not for any tax paid to the budget.
Important: Payment of a tax deduction is due both for independent and trust management of an IIS by a broker.
There are several models of individual investment accounts; this does not affect the size or procedure for processing payments.
When a refund is not beneficial
Persons who are not income tax payers cannot claim personal income tax deduction under IIS. These include individual entrepreneurs on the simplified tax system, UTII and Patent, unofficially employed citizens, and non-working pensioners.
When investing large sums in any assets, the tax on which exceeds the amount of payment. For example, there are no tax charges on profits from OFZs or municipal bonds, and it is profitable to return 13% of the investment. Individuals are required to pay tax to the budget on income from dividends or from the purchase and sale of shares, corporate bonds and other securities. In this case, it is worth calculating which benefit option is more interesting from a financial point of view.