How does an individual entrepreneur withdraw money from his current account? Methods for withdrawing cash from an individual entrepreneur's current account

Ways to legally cash out

Features of the bank issuing cash and control by banking institutions of the company’s operations

The concept of “cash out of funds” is not in the legislation of the Russian Federation, but it is often found in conversations. This term in the broad sense of the word refers to a set of measures aimed at receiving cash from one’s current account.

The company’s funds, which are in the bank’s current account, do not belong to its owner personally, they are the company’s funds, so withdrawing them from your account to your pocket or to pay for any services (or goods) is not so easy. But sometimes cash is simply necessary. What to do in this case?

Responsibility for illegal cash withdrawal

The most common scheme for illegal cash withdrawal: a company that needs to receive “real” money turns to specialized organizations for help (or shell companies, or creates its own front organization, or through an individual entrepreneur (IP)).

Let's consider a typical scheme for cashing out through an individual entrepreneur. As a rule, for this purpose, a fictitious contract is drawn up, for example, for the provision of consulting services; based on the results of “non-fulfillment” of work, a document is drawn up (for example, a certificate of completion of work). The company transfers the amount of money specified in the contractual documents to the individual entrepreneur's settlement account, then the individual entrepreneur cashes out these funds and transfers them to the customer company minus the interest due for his work. Often, their “fed” banks are also involved in these schemes.

Such schemes are exposed very easily. The issues of detecting facts of cashing out of funds are dealt with by tax authorities, directly by banking institutions in which the company's current accounts are opened (they check suspicious transactions), as well as by law enforcement agencies.

Particular attention is paid to transactions in an amount equal to or exceeding RUB 600,000. or equal to an amount in foreign currency equivalent to RUB 600,000. or exceeds it (Article 6 of Federal Law No. 115-FZ).

For violations of the legislation of the Russian Federation regarding cashing out funds, the following penalties are provided:

• according to Art. 198 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation) for evasion of an individual from paying taxes, fees and (or) an individual paying insurance premiums from paying insurance premiums:

– a fine in the amount of 100 thousand to 300 thousand rubles. or in the amount of wages or other income of the convicted person for a period of one to two years, or forced labor for a term of up to one year, or arrest for a term of up to six months, or imprisonment for a term of up to one year (in relation to violations on a large scale );

– a fine in the amount of 200 thousand to 500 thousand rubles. or in the amount of wages or other income of the convicted person for a period of eighteen months to three years, or forced labor for a term of up to three years, or imprisonment for the same period (in relation to violations on an especially large scale).

For your information

A large amount is considered to be an amount of taxes, fees, and insurance premiums that amounts to more than 900 thousand rubles for a period within three financial years in a row, provided that the share of unpaid taxes, fees, and insurance premiums exceeds 10% of the amounts of taxes, fees, and insurance payable. contributions in the aggregate, or exceeding 2 million 700 thousand rubles, and a particularly large amount - an amount amounting to more than 4 million 500 thousand rubles for a period within three financial years in a row, provided that the share of unpaid taxes, fees, insurance contributions exceed 20% of the payable amounts of taxes, fees, insurance premiums in the aggregate, or exceeding 13 million 500 thousand rubles.

The punishment under this article of the Criminal Code of the Russian Federation can be mitigated - a person who has committed a crime for the first time is released from criminal liability if he has fully paid the amount of arrears and the corresponding penalties, as well as the amount of the fine;

• in accordance with Art. 199 of the Criminal Code of the Russian Federation for evasion of taxes, fees payable by an organization, and (or) insurance premiums payable by an organization paying insurance premiums:

– a fine in the amount of 100 thousand to 300 thousand rubles. or in the amount of wages or other income of the convicted person for a period of one to two years, or forced labor for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years or without it, or arrest for a term of up to six months, or imprisonment for up to two years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it (in relation to large-scale violations);

– a fine in the amount of 200 thousand to 500 thousand rubles. or in the amount of wages or other income of the convicted person for a period of one to three years, or forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term up to six years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years or without it (in relation to violations on a particularly large scale or committed by a group of persons by prior conspiracy).

For your information

In this case, a large amount is recognized as the amount of taxes, fees, insurance premiums, amounting to more than 5 million rubles for a period within three financial years in a row, provided that the share of unpaid taxes, fees, insurance premiums exceeds 25% of the amounts of taxes, fees payable , insurance premiums in the aggregate, or exceeding 15 million rubles, and a particularly large amount - an amount amounting to more than 15 million rubles for a period within three financial years in a row, provided that the share of unpaid taxes, fees, insurance premiums exceeds 50% payable amounts of taxes, fees, insurance premiums in the aggregate, or exceeding 45 million rubles.

An organization that has committed a crime for the first time is released from criminal liability if the amount of arrears and corresponding penalties, as well as the amount of the fine, are fully paid;

• according to Art. 171 of the Criminal Code of the Russian Federation for illegal entrepreneurship:

– a fine of up to 300 thousand rubles. or in the amount of wages or other income of the convicted person for a period of up to two years, or compulsory work for a period of up to 480 hours, or arrest for a period of up to six months (if the act caused large damage to citizens, organizations or the state or is associated with the extraction of income on a large scale );

– a fine in the amount of 100 thousand to 500 thousand rubles. or in the amount of wages or other income of the convicted person for a period of one to three years, or forced labor for a term of up to five years, or imprisonment for a term of up to five years with a fine of up to 80 thousand rubles. or in the amount of wages or other income of the convicted person for a period of up to six months or without it (if the act was committed by an organized group or is associated with the extraction of income on an especially large scale);

• according to Art. 172 of the Criminal Code of the Russian Federation for illegal banking activities:

– a fine in the amount of 100 thousand to 300 thousand rubles. or in the amount of wages or other income of the convicted person for a period of one to two years, or forced labor for a term of up to four years, or imprisonment for a term of up to four years with a fine of up to 80 thousand rubles. or in the amount of wages or other income of the convicted person for a period of up to six months or without it (if the act caused damage to citizens, organizations or the state or is associated with the extraction of income on a large scale);

– forced labor for up to five years or imprisonment for up to seven years with a fine of up to 1 million rubles. or in the amount of wages or other income of the convicted person for a period of up to five years or without it (if the act was committed by an organized group or is associated with the extraction of income on an especially large scale);

• according to Art. 174 of the Criminal Code of the Russian Federation for legalization (laundering) of funds or other property acquired by other persons through criminal means -

– a fine of up to 120 thousand rubles. or in the amount of wages or other income of the convicted person for a period of up to one year (for financial transactions and other transactions with funds or other property knowingly acquired by other persons by criminal means, in order to give a legal appearance to the possession, use and disposal of these funds or other property);

– a fine of up to 200 thousand rubles. or in the amount of wages or other income of the convicted person for a period of one to two years, or forced labor for a term of up to two years, or imprisonment for a term of up to two years with a fine of up to 50 thousand rubles. or in the amount of wages or other income of the convicted person for a period of up to three months or without it (for acts on a large scale);

– forced labor for a term of up to three years with or without restriction of freedom for a term of up to two years and with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with a fine of up to 500 thousand rubles. or in the amount of wages or other income of the convicted person for a period of up to three years or without it, with or without restriction of freedom for a period of up to two years and with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years (for acts committed by a group of persons by prior conspiracy or by a person using his official position);

– forced labor for a term of up to five years with or without restriction of freedom for a term of up to two years and with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to seven years with a fine in the amount up to 1 million rubles or in the amount of wages or other income of the convicted person for a period of up to five years or without it, with or without restriction of freedom for a period of up to two years and with deprivation of the right to hold certain positions or engage in certain activities for a period of up to five years (for acts committed by an organized group or on a particularly large scale);

For your information

Financial transactions on a large scale are transactions in an amount exceeding 1,500,000 thousand rubles, and on an especially large scale - 6 million rubles.

• according to Art. 327 of the Criminal Code of the Russian Federation for forgery, production or sale of counterfeit documents, state awards, stamps, seals, forms - a fine of up to 80 thousand rubles. or in the amount of wages or other income of the convicted person for a period of up to six months, or compulsory labor for a period of up to 480 hours, or correctional labor for a period of up to two years, or arrest for a period of up to six months (for using a knowingly forged document).

Thus, for illegal acts of cashing out funds from an organization, the legislation of the Russian Federation provides for very strict measures. Suspicious financial transactions and other transactions are carefully studied by banking organizations, tax and law enforcement agencies.

How to withdraw for personal needs

A cash withdrawal for the personal needs of an entrepreneur is formalized exclusively as the receipt of dividends from business activities. This way you can withdraw any necessary amount without restrictions and spend it at your discretion.

Of course, it is necessary to take into account that the tax service will charge mandatory personal income tax on the withdrawn funds.

In addition, it must be taken into account that each bank independently determines how much cash an individual entrepreneur can withdraw from his current account for personal needs.

Exceeding the limit in some banks increases the commission charged for services, and in some it is not provided for at all.

There is currently no legal limit on the amount of funds withdrawn.

Ways to legally cash out money

As you can see, there is no point in trying to withdraw “live” funds from the company’s account. However, there are situations when this is necessary not to put money in your pocket, but, for example, to pay for real work (services, goods) of an individual entrepreneur who does not have a current account, or to urgently purchase materials at a market or fair. And in general, there are quite a few situations when an organization needs cash.

Note!

According to the Directive of the Bank of Russia dated October 7, 2013 No. 3073-U “On Cash Payments,” cash payments in the currency of the Russian Federation and foreign currency between participants in cash payments within the framework of one agreement concluded between these persons can be made in an amount not exceeding 100 thousand . rub. or an amount in foreign currency equivalent to 100 thousand rubles. at the official exchange rate of the Bank of Russia on the date of cash payments.

The most common legal ways to cash out:

• Payment of wages or additional bonus.

The founder/founders are hired and paid a monthly salary.

Often, the company’s staff includes so-called “dead souls” (as a rule, wives, children, friends, comrades), who are paid monthly wages.

On the part of the banking institution, everything is clean here; the organization is obliged to pay wages. The payment itself can be made:

– to the employee’s plastic card - the bank transfers money using the details of the employee’s personal bank card, and the employee withdraws cash through an ATM:

Debit of account 70 “Settlements with personnel for wages” Credit of account 51 “Settlement accounts”;

– through a cash register – the bank issues cash to an authorized person to issue it to an employee through a cash register:

Debit of account 50 “Cash” Credit of account 51 “Current accounts” - receipt of funds to the cash register from the company’s current account;

Debit account 70 “Settlements with personnel for wages” Credit account 50 “Cash”.

Everything must be documented correctly. An employment contract must be concluded between the employee and the employer, which specifies the amount of remuneration.

If bonuses are cashed out, they must be accrued in accordance with internal regulations (for example, regulations on bonuses) and the corresponding order on bonuses.

The bonus can be monthly or quarterly, or it can be one-time and issued by a separate order. The order must be drawn up in such a way that the tax authorities do not raise questions about “why the bonus was paid”, so you should not use general phrases like “for conscientious work”:

– firstly, the bonus regulations must provide for a one-time bonus (by order of the manager);

– secondly, the reasons for paying the bonus should be as clear as possible (fulfillment of specific over-urgent tasks, early completion of work, etc.).

If employees receive wages in cash, it is necessary to draw up a corresponding statement in which employees affix their signatures, confirming receipt of the money.

To receive cash from a bank, you must issue a checkbook. By check you can receive salary for some employees.

Without a power of attorney, only the manager can receive cash from the bank; everyone else needs a power of attorney.

A significant disadvantage of this option is high taxes. Firstly, it is necessary to pay 13% of the personal income tax (NDFL), since the wages received are income, and secondly, insurance premiums, the payers of which are employer organizations (30% of the wage fund), of which:

• 22% is transferred to the Pension Fund of the Russian Federation;
• 2.9% - to the Social Insurance Fund of the Russian Federation;
• 5.1% - to the Compulsory Medical Insurance Fund of the Russian Federation.

The deduction percentages are reduced when the maximum base for calculating insurance premiums is reached (Article 426 of the Tax Code of the Russian Federation):

• for compulsory pension insurance - from 22 to 10%;
• for social insurance - from 2.9% to 1.8%.

In any case, the tariff for the Compulsory Medical Insurance Fund of the Russian Federation is 5.1%.

The maximum value of the base for calculating insurance premiums is established by Government Decrees. For example, from January 1, 2018, the maximum base for calculating contributions for compulsory insurance was 815,000 rubles, for compulsory pension insurance - 1,021,000 rubles; in 2020 - RUB 755,000. and 876,000 rub. respectively.

Thus, if you need to cash out 100,000 rubles, the loss for paying taxes will be about half the amount:

• personal income tax withholding:

100,000 rub. × 13% = 13,000 rubles;

• payment of insurance premiums in the amount of 30%:

100,000 rub. × 30% = 30,000 rub.;

• balance due:

100,000 – 30,000 – 13,000 = 57,000 rubles.

Due to the large losses incurred in paying all mandatory payments, this method is not popular.

• Dividends.

According to Art. 43 of the Tax Code of the Russian Federation, a dividend is any income received by a shareholder (participant) from an organization during the distribution of profits remaining after taxation (including in the form of interest on preferred shares) on shares (stakes) owned by the shareholder (participant) in proportion to the shares of shareholders (participants) in the authorized (share) capital of this organization.

The specifics of the distribution of dividends between shareholders or members of organizations, depending on the form of the legal entity, are disclosed in detail in Federal Laws dated 02/08/1998 No. 14-FZ “On Limited Liability Companies” and dated 12/26/1995 No. 208-FZ “On Joint-Stock Companies”.

All features of the dividend policy that do not contradict the legislation of the Russian Federation must be enshrined in the company's charter (including information on how often dividends are paid - for example, no more than once a quarter).

Dividends and interest received from a Russian organization, as well as interest received from Russian individual entrepreneurs and (or) a foreign organization in connection with the activities of its separate division in the Russian Federation, are recognized as taxable income (Article 208 of the Tax Code of the Russian Federation). The standard personal income tax rate is 13% (Article 224 of the Tax Code of the Russian Federation).

If the founder or shareholder is a legal entity, then income in the form of dividends is subject to corporate income tax (Article 284 of the Tax Code of the Russian Federation):

• 0% - for income received by Russian organizations in the form of dividends, provided that on the day the decision to pay dividends is made, the organization receiving dividends has continuously owned, for at least 365 calendar days, at least a 50% contribution (shares) in the authorized (share) capital (fund) of the organization paying dividends or depositary receipts giving the right to receive dividends in an amount corresponding to at least 50% of the total amount of dividends paid by the organization;
• 13% - on income received in the form of dividends from Russian and foreign organizations by Russian organizations not specified in clause 1 of Art. 284 (regarding the zero tax rate), as well as on income in the form of dividends received on shares, the rights to which are certified by depositary receipts;
• 15% - on income received by a foreign organization in the form of dividends on shares of Russian organizations, as well as dividends from participation in the organization’s capital in another form.

Note!

Dividends are income that is calculated from net profit, i.e. after taxation, therefore, in this case, the amount is reduced twice: by paying all taxes on profits, and then by paying personal income tax.

To apply this method of cashing out, the company must have a net profit. To receive dividends, you must prepare a certificate confirming the company’s net profit and its amount and submit it to the bank.

The decision to pay dividends in accordance with the dividend policy is made at the meeting of founders (shareholders). For a limited liability company, it is also necessary to provide the bank with an extract on the composition of the shares of the company's participants and the minutes of the meeting of founders with a decision on the distribution of net profit (part of it and the entire amount of net profit).

• Receiving money from the company's current account for business needs to an accountable person.

Under this article, you can receive cash from a banking institution to pay for various small expenses (limit on business expenses - 100 thousand rubles). As when receiving cash to pay salaries, in this case it is also necessary to issue checks for receipt indicating the purpose - “for business needs.”

Cash withdrawals for business needs from any commercial bank are subject to a fee. As a rule, it ranges from 0.1 to 2%, sometimes the size of the commission depends on the amount of cash withdrawn.

All expenses that the company incurred from the cash received must be supported by documents, for example, sales receipts, invoices, cash receipts, acts, etc.

According to the Directive of the Central Bank of the Russian Federation dated March 11, 2014 No. 3210-U, for the issuance of cash to an employee on account for expenses associated with the activities of a legal entity, individual entrepreneur, an expense cash order is drawn up in accordance with the administrative document of the legal entity, individual entrepreneur or a written statement of the accountable person, drawn up in any form and containing a record of the amount of cash and the period for which cash is issued, the signature of the manager and the date.

The accountable person is obliged, within a period not exceeding three working days after the expiration date for which cash was issued on account, or from the date of return to work, to present to the chief accountant or accountant (in their absence, to the manager) an advance report with attached supporting documents.

The advance report is checked by the chief accountant or accountant (in their absence, by the manager) and approved by the manager.

• Receiving funds from the company's current account to pay for travel expenses.

According to the Labor Code of the Russian Federation and Decree of the Government of the Russian Federation dated October 13, 2008 No. 749 “On the peculiarities of sending employees on business trips,” the employer is obliged to compensate the employee in case of sending him on a business trip:

• travel expenses;
• expenses for renting residential premises;
• additional expenses associated with living outside the place of permanent residence (per diem);
• other expenses incurred by the employee with the permission or knowledge of the employer.

Note!

The procedure and amount of reimbursement of expenses associated with business trips are determined by a collective agreement or local regulations (usually regulations on sending on business trips).

In addition, according to Art. 264 of the Tax Code of the Russian Federation, the following types of expenses also include travel expenses:

• for registration and issuance of visas, passports, vouchers, invitations and other similar documents;
• consular, airfield fees, fees for the right of entry, passage, transit of automobile and other transport, for the use of sea canals, other similar structures and other similar payments and fees.

Note!

An employee sent on a business trip also retains his average earnings, but these expenses are not included in the travel allowance (they will subsequently be taken into account as labor costs).

There will be no questions from the bank about the purpose of such expenses.

Upon returning from a business trip, the employee is obliged to submit to the employer, within 3 working days, an advance report on the amounts spent in connection with the business trip and make a final payment on the cash advance issued to him before leaving for the business trip for travel expenses. Attached to the advance report are documents on the rental of accommodation, actual travel expenses (including payment for services for issuing travel documents and providing bedding on trains) and other expenses associated with the business trip.

During audits, tax authorities may require evidence that the business trip was carried out in the interests of the company.

Therefore, only per diem expenses are non-reportable expenses. According to Art. 217 of the Tax Code of the Russian Federation are not subject to taxation for individuals per diem of no more than 700 rubles. for each day of a business trip on the territory of the Russian Federation and no more than 2,500 rubles. - for a business trip abroad.

The Tax Code of the Russian Federation stipulates only the limits for personal income tax, so it is incorrect to consider them as maximum values. Each company can set any amount of daily allowance depending on its financial capabilities, however, for amounts exceeding those indicated above, it will pay personal income tax and insurance premiums (Article 422 of the Tax Code of the Russian Federation).

• Applying for a loan.

Under a loan agreement, one party (the lender) transfers or undertakes to transfer into ownership the other party (borrower) money, things defined by generic characteristics, or securities, and the borrower undertakes to return to the lender the same amount of money (loan amount) or an equal number of things received by him of the same type and quality or the same securities (Article 807 of the Civil Code of the Russian Federation).

Consider the option of borrowing money.

Since one party to the loan agreement is a legal entity, regardless of the loan amount, the agreement must be concluded in writing (Article 808 of the Civil Code of the Russian Federation).

The agreement may provide for the receipt of interest under the loan agreement, or it may be interest-free. The interest rate must be specified in the contract.

If the agreement does not contain a provision on the amount of interest for using the loan, their amount is determined by the key rate of the Bank of Russia in force during the relevant periods (Article 809 of the Civil Code of the Russian Federation).

Important!

In order for the loan to be interest-free, this condition must be stated directly in the contract.

In this case, an obligation to pay taxes arises, since in accordance with Art. 212 of the Tax Code of the Russian Federation, the income of the taxpayer (in our case, this is the recipient of the loan, i.e., an individual) received in the form of material benefit is the material benefit received from savings on interest for the taxpayer’s use of borrowed (credit) funds received from organizations or individuals entrepreneurs. The tax base is defined as the excess of the amount of interest for the use of borrowed (credit) funds, expressed in rubles, calculated on the basis of two-thirds of the current refinancing rate established by the Central Bank of the Russian Federation on the date of actual receipt of income by the taxpayer, over the amount of interest calculated based on the terms of the agreement.

In relation to the amount of savings on interest when receiving borrowed funds, a personal income tax of 35% is applied (Article 224 of the Tax Code of the Russian Federation).

Example 1

Alpha LLC entered into a loan agreement with its employee in the amount of 300,000 rubles. for a period of 2 months at 2% per annum. The terms of the agreement provide for monthly repayment of the debt in equal parts - 150,000 rubles each. (+ interest for use). Refinancing rate of the Central Bank of the Russian Federation:

• first month - 8%;
• second month - 8.5%.

We will calculate the amount of personal income tax if there is a material benefit under a company loan agreement from employees:

1. Let's calculate 2/3 of the current refinancing rate of the Central Bank of the Russian Federation:

– first month = 8% × 2/3 = 5.3%;

– second month = 8.5% × 2/3 = 5.67%.

1. Let's calculate the material benefit for calculating personal income tax:

– first month = 300,000 × (5.3% – 2%) / 365 × 30 = 813.70 rubles;

– second month = (300,000 – 150,000) × (5.67% – 2%) / 365 × 30 = 452.47 rubles.

1. Let's calculate the amount of personal income tax to be charged:

– first month = 813.70 rub. × 35% = 284.80 rubles;

– second month = 452.47 rubles. × 35% = 158.36 rub.

Example 2

Let's use the initial data of example 1 to calculate material benefits and personal income tax amounts to be accrued, subject to the provision of an interest-free loan:

1. Let's calculate the material benefit for calculating personal income tax:

– first month = 300,000 × 5.3% / 365 × 30 = 1306.80 rubles;

– second month = (300,000 – 150,000) × 5.67% / 365 × 30 = 699.04 rubles.

1. Let's calculate the amount of personal income tax to be charged:

– first month = 1306.80 rub. × 35% = 457.40 rubles;

– second month = 699.04 rub. × 35% = 244.66 rub.

The borrower is obliged to return the loan amount received to the lender on time and in the manner provided for in the loan agreement. If the repayment period is not established by the agreement or is determined by the moment of demand, the loan amount must be repaid by the borrower within thirty days from the date the lender submits a request for this, unless otherwise provided by the agreement (Article 810 of the Civil Code of the Russian Federation).

Thus, in order to cash out funds, it is worth drawing up an agreement with a term “on demand”.

It is recommended to enter into a loan agreement for an amount not exceeding 600,000 rubles, since according to Federal Law No. 115-FZ, transactions with funds exceeding the specified limit are subject to mandatory control.

If the transaction (in our case, a loan) is large, the decision on consent to it is made by the general meeting of participants of the limited liability company (LLC) and the board of directors (supervisory board) of the joint stock company (JSC) or the general meeting of shareholders.

For your information

For an LLC, a large transaction is considered to be a transaction related to the acquisition, alienation or possibility of alienation by the company, directly or indirectly, of property (including a loan, credit, pledge, guarantee), the price or book value of which is 25% or more of the book value of the company’s assets, determined according to data its accounting (financial) statements as of the last reporting date (Article 46 of Federal Law No. 14-FZ).

For a JSC, a major transaction is one related to the acquisition, alienation or possibility of alienation by the company, directly or indirectly, of property (including a loan, credit, pledge, guarantee), the price or book value of which is 25% or more of the book value of the company’s assets, determined according to data its accounting (financial) statements as of the last reporting date (Article 78 of Federal Law No. 208-FZ).

Now regarding the possibility of “forgiving” a debt to an employee. Such “forgiveness” entails the obligation for the taxpayer (individual) to pay personal income tax in the amount of 13%:

• According to the letter of the Ministry of Finance of Russia dated January 22, 2010 No. 03-04-06/6-3, if the loan is not repaid, including in the case of debt forgiveness, the borrower does not receive income in the form of material benefits from savings on interest for using the loan.

When an organization forgives an employee’s debt, the employee is relieved of the obligation to repay the loan received. From this moment, the borrower generates economic benefit (income) in the form of the amount of forgiven debt under the loan agreement, which is subject to personal income tax at a rate of 13%;

• in the letter of the Ministry of Health and Social Development of Russia dated May 21, 2010 No. 1283-19, it is noted that in the event of termination of the employee’s obligations to repay funds under the loan agreement, the amount of the unrepaid debt is subject to insurance premiums as a payment made in favor of the employee within the framework of his employment legal relationship with the organization.

The documents reviewed regulate the write-off of debt through forgiveness. Article 415 of the Civil Code of the Russian Federation also provides for this option. Thus, the obligation is terminated by the creditor releasing the debtor from his obligations, if this does not violate the rights of other persons in relation to the creditor’s property. The obligation is considered terminated from the moment the debtor receives the creditor's notice of debt forgiveness, unless the debtor sends objections to the debt forgiveness to the creditor within a reasonable time.

In addition, the Civil Code of the Russian Federation provides for debt write-off through the execution of a gift agreement (Article 572 of the Civil Code of the Russian Federation). In this case, the taxpayer must pay personal income tax in the amount of 13%:

According to the letter of the Ministry of Finance of Russia dated July 15, 2014 No. 03-04-06/34520, when the company donates the loan amount, the employee is relieved of the obligation to repay the debt and has the opportunity to dispose of funds at his own discretion, i.e., he has an economic benefit and, accordingly, , income in the amount of the forgiven debt (gift). These amounts are subject to personal income tax in accordance with the generally established procedure using a tax rate of 13%.

For your information

According to Art. 217 of the Tax Code of the Russian Federation, income not exceeding 4,000 rubles received as gifts from organizations or individual entrepreneurs is not subject to taxation.

In accordance with the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 21, 2005 No. 104 “Review of the practice of application by arbitration courts of the norms of the Civil Code of the Russian Federation on some grounds for termination of obligations,” the relationship between the creditor and the debtor for debt forgiveness can be qualified as a donation only if the court establishes the creditor’s intention to release debtor from the obligation to pay the debt as a gift.

Card withdrawal fee

Of course, banking institutions do not offer services for transferring funds to a card for free. Let's consider the tariffs of the most popular banking institutions in the country charged for this service.

Sberbank offers two options for transferring funds from an account to a card. When using an online account, 1% of the amount is charged for the service, but not more than 1000 rubles.

If the transaction is carried out at a bank branch, 2% is charged, and the maximum commission amount will be 1,500 rubles.

There are no restrictions on the amount of the transfer itself.

Alfabank sets tariffs depending on the withdrawal amount calculated per month. Alfabank tariffs for withdrawing funds to a card of the same bank are presented in the table below:

Tinkof business provides an interest-free transfer for individual entrepreneurs to a card opened in the same bank for a transfer amount of up to 100 thousand.

If the limit is exceeded, 1% of the amount is charged, plus 99 rubles of a fixed payment.

Binbank recently changed the tariffs for such services. At the moment, transferring funds to any Binbank card will cost 0.7%.

In this case, the amount of the minimum commission cannot be less than 100 rubles.

Bank Tochka has developed uniform tariffs for transfers to an individual’s card when choosing any service package for individual entrepreneurs.

The commission will be 0.5%, but not less than 150 rubles.

At the same time, in each tariff you can transfer a limited amount of funds - from 300 thousand in the Economy package to 100 thousand in the Lowcost package.

Raiffeisen establishes interest-free transfers of funds to individual accounts in the amount of up to 100 thousand monthly in the Start package, up to 200 in the Basic package and up to 700 in the Maximum package.

Transferring funds above the specified amounts will cost 1%.

Conclusion

We have identified five main ways to legally cash out company money. Each of them has both advantages and disadvantages. Particular attention should be paid to financial losses when cashing out - some methods involve paying a bank commission, which can be a maximum of a couple of percent of the requested amount, while another method involves paying tax on the entire amount, and maybe insurance premiums.

Taking into account the above, we recommend that when choosing a cash-out method, you weigh the pros and cons and, regardless of legal requirements, collect documents confirming certain expenses of the company.

How to withdraw money from a current account correctly

To withdraw cash, an individual entrepreneur is not required to report to the tax authorities for each transfer. The money in the current account is the entrepreneur’s personal money, and he has no restrictions on withdrawals. Therefore, all the methods we mentioned above are correct. If an individual entrepreneur is on the simplified tax system, he pays taxes based on a declaration based on the results of his activities. Individual entrepreneur on Patent and UTII pays a fixed tax. Therefore, you are not required to account for your expenses.

If your business follows the laws, then no one will find fault with your cash transactions. It has long been verified that all negative reviews on the Internet about blocking are left by those entrepreneurs who, to one degree or another, have violated the law and do not want to admit it.

Reporting

The law does not oblige individual entrepreneurs to maintain strict reporting when withdrawing funds from their current account. However, its presence is the key to successful interaction with tax authorities.

When creating a payment through a bank, it is important to indicate the amount and purpose of the payment. This is enough for the payment to have legal force. Withdrawing cash from a bank account is not reflected in any way in the individual entrepreneur’s reporting, since this responsibility lies with representatives of the credit institution.

The entire set of income and expenses (or only income, depending on the chosen taxation system) is reflected in the declaration. According to the data indicated in it, you need to pay taxes for the quarter or year.

Postings

Operations involving withdrawals and deposits into the cash register of individual entrepreneurs must be correctly reflected in the financial statements. There are two types of entries that can be used to reflect these transactions. The first one looks like this:

The second type of wiring can be reflected as follows:

To avoid items of spending for personal purposes being included in the book of expenses and income, it is necessary to indicate in analytical accounting that the operation is not reflected in tax accounting. Otherwise, the tax base will be underestimated, which will subsequently lead to fines from tax authorities.