Tax on transfers of individuals from card to card from July 1, 2021

Over the past couple of years, the media have regularly been circulating stories about personal income tax: supposedly, you must pay income tax on every transfer that comes to your bank card. Following this logic, 13% should be given by single mothers from alimony payments, students from scholarships, and newlyweds from wedding gifts. Fortunately, the Tax Code (Tax Code of the Russian Federation) does not say a word about such rules.

The essence of the problem

According to the amendments to Article 86, from July 1, 2021, all banking institutions operating on the territory of the Russian Federation are required to provide the tax authorities with information on cash flows in the card accounts of individuals upon request. Assets that are not identified during the audit may be regarded as income subject to taxation.

Of course, all citizens are frightened by the prospect that the state will levy taxes on transfers from card to card, since such transfers are often of a non-commercial nature. According to financial specialists, the introduced amendments will not affect all individuals, but only those who have unallocated metal accounts and deposits in precious metals.

What receipts on the card are considered income?

In the wake of the rising panic, many began to wonder what the tax is on transfers to a Sberbank card online. Everyone should be reassured here. Firstly, for the operation itself the commission is charged in the amount determined by the bank. Secondly, if we are talking about income tax, then only income that is regarded as income is subject to declaration.

The main income subject to taxation includes:

• Wage . It is paid to the card at the main place of employment and/or when performing work or providing services under a rental agreement. In the first case, personal income tax is calculated and paid by the accounting department, in the second - by the individual who received the money. The amount of income must be entered into the declaration and tax must be paid.
• Rental of real estate . To do this, an individual does not have to be registered as an individual entrepreneur. All you need is an official agreement, according to which transfers from card to card will be carried out regularly. You also cannot do without taxes here: personal income tax on amounts received must be paid on time.
• A gift in the form of real estate, a car or securities from a third party . Only three categories of gifts will require you to pay. If the donor of an expensive item is a close relative, then its value is not subject to taxation. If a third party (distant relatives, lovers or friends) was generous, then the gifts must be included in the declaration.
• Lottery winnings of more than 4,000 rubles . If, by agreement with the organizer, the entire winnings amount is transferred to the card, then usually he himself will immediately deduct the personal income tax amount from it. If this does not happen for some reason, the winner of the lottery draw will have to pay the tax on transferring more than 4,000 rubles to the card.
• Receiving a penalty or fine by court decision . Since these types of payments are not considered compensation for damage incurred, they are required to pay tax. This is most often done by a forensic accounting service. If compensation for moral or material damage is at stake, in this case the recipient of the funds is exempt from taxes.

This is not a complete list of taxable types of income. A more accurate list can be found in Article 28 of the Tax Code of the Russian Federation. Or consult a tax specialist.

A request from the tax service regarding funds stored in accounts must have objective grounds

What do the amendments to the Tax Code mean?

In fact, the changes made will affect deposits in precious metals. If violations are detected, the Tax Inspectorate has the right to deduct tax debt from the balance of such an account and temporarily block it. In any case, all actions of the NSF must be documented. At the same time, banks should not automatically notify tax authorities about the movement of funds through their clients’ accounts. Accordingly, taxation of transfers will not be carried out en masse.

Amendments to the Tax Code affected only deposits in precious metals

As for transfers to cards of individuals in cash equivalent, income tax can be charged only if the receipt is income. Previously, banking institutions were required to provide information on the movement of assets in their clients' accounts to regulatory authorities, but only in response to an official request. And such a request can be sent only if violations of the law are detected.

The changes affecting impersonal metal accounts will come into force on July 1, 2021. On such accounts, it is possible to store the metals themselves or their monetary equivalent. When closing an account, its owner can optionally withdraw both precious metals and their monetary value. Funds stored in such deposits are not subject to compulsory state insurance.

If violations of the law are detected, tax authorities will now be able to freeze accounts, write off outstanding tax debts from them and levy income tax on income received from transactions of purchase and sale of precious metals or stones.

Application in practice

According to Article 86 of the Tax Code of the Russian Federation, all banking institutions in the country are required to notify the tax authorities about the opening of personal accounts or deposits by individuals. The article has legal force since 2013. In practice, the bank regularly sends reports to the Federal Tax Service, which indicate exactly who received which banking product and its details. And only in response to the received request, information is sent about how much money is on the balance sheet and a statement of recent transactions.

Until 2021, the article did not mention deposits and accounts in precious metals. Now banks are also obliged to inform about their registration. The law does not oblige you to provide any other information. But if an official request is received, the financial institution cannot fail to fulfill it.

Is it true that banks control all movements on the account?

Many were alarmed by the situation that happened with one of Sberbank’s clients. The businessman tried to cash out 56 million rubles, but the financial institution asked for confirmation of the legality of the funds received. Trips to the authorities yielded nothing - the Supreme Court recognized the legality of the bank’s actions. Could this happen to an ordinary citizen who received a large amount of money on his card?

It should be noted that banks do not have the right to refuse transactions only at their own request. Most often we are talking about the so-called “anti-money laundering” legislation, which combats illegal cash withdrawals and possible financing of terrorism. If you are not involved in dubious transactions or helping your friends evade taxes, there is nothing to be afraid of. But if a large sum of money is to be transferred to you, it is better to document its origin - for example, draw up a gift deed.

Money transfer tracking

Personal income tax is charged only on those receipts to the card account that are the income of individuals

Considering the volume of money transfers to plastic cards, everyone is interested in the question: Are transfers to cards really taxable? In fact, there are such rules, but this does not mean that the government monitors every transfer made.

The basis for checking a particular bank account may be a certain violation by its owner of labor or tax laws: concealment of income or tax evasion. In such a situation, a tax audit may be carried out, and during this time the funds in the account will be blocked.

So changes in the Tax Code do not mean that all money transfers will be completely monitored, and banks will regularly report on all transactions carried out.

How much does a 2NDFL transfer cost?

Justification for calculating income tax

Transfers using a Sberbank card or another institution for individuals are the property of the card owner. To charge personal income tax, they must be declared by the owner of the plastic as income, or the NFS must prove that they are such.

For an official request, the tax service must find the grounds. If they exist, a request is sent to the bank to provide the relevant information. In response, the financial institution sends a statement of the card account indicating the amounts and purposes of payments.

If regular receipts of funds are detected on the card balance, the tax authority does not have the right to automatically tax them. First, the card owner is asked to provide an explanation of what the funds are, where they came from and why. This will be followed by checking whether they are subject to taxation. Tax on the transfer of money to a bank card is charged only if it is made as payment for work performed or services rendered.

When sending a transfer to a card, it is recommended to write a comment on it

Not all cash receipts are taxable. If they were received as repayment of a loan or a gift, personal income tax is not charged to them. Actually, any amount received can be called a gift. Essentially, no cardholder is required to prove that their money was received for work performed or services rendered. This should be done by the tax service.

But if she still manages to prove this, the required amount of tax and a fine in the amount of 20% of the amount of income received will be written off from the balance sheet . This clause of the tax code has also been in effect since 2013.

Apostille for Certificate 2-NDFL

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As it was before

According to the head of Sberbank PJSC German Gref, the authors of the information on writing off personal income tax from clients’ card accounts misunderstood the content of Art. 86 of the Tax Code of the Russian Federation, which came into force in July 2014. According to this provision, at the request of the Federal Tax Service, banks are required to provide the necessary information on the amount of citizens’ deposits. Currently, no actions are planned to introduce automatic collection of taxes from citizens’ financial receipts, the head of Sberbank added.

Previously, the tax office had to first determine what kind of transfer was made, order an audit, and, based on its results, assess additional tax. Request an explanation from the payer: where and on what basis the funds were transferred.