The payment of dividends to LLCs in 2019 is subject to the procedure approved by the legislation of the Russian Federation. How to correctly determine the amount of dividends, distribute them among participants and show them in reporting will be discussed in today’s article.

Source of LLC dividends

Dividends (or income from the use of net profit) are income the receipt of which is available to LLC participants (Clause 1, Article 28 of the Law “On LLC” dated 02/08/1998 No. 14-FZ). Accordingly, to issue such income, it is necessary, first of all, to have net profit. It is determined according to accounting data (letter of the Ministry of Finance of the Russian Federation dated September 20, 2010 No. 03-11-06/2/147).

The LLC has the opportunity to choose the frequency of dividend payments to the founders: quarterly, half-yearly or annually - depending on the amount of net profit for each of these periods. Considering that profit is considered an accrual total for the year, its final amount will be known at the end of the tax period, and only then will it be possible to establish the final amount of income possible for payment. Therefore, in order to avoid situations where dividends paid during the year exceed the permissible amount for the year, it is better to distribute them at the end of the year based on the results of the approved annual accounting reports.

What is needed to pay dividends?

The rules for paying dividends to LLC founders in 2019 are still based on the restrictions contained in Art. 29 of Law No. 14-FZ and requiring:

• full payment of the management company;
• full payment of his share to the retiring participant;
• excess of net assets over the amount of the capital and reserve fund, including after the issuance of dividends;
• absence of signs of bankruptcy, including after the issuance of dividends.

Compliance with these restrictions must occur both at the date the disbursement order arises and at the time the income is paid. If the decision has already been made, and at the time of issuance the conditions are such that they do not allow payment, then it will be made after these conditions disappear (clause 2 of Article 29 of Law No. 14-FZ).

The decision regarding payments is made by the participants themselves, convening a general meeting. It is carried out no earlier than accounting reports have been compiled for the corresponding period, allowing one to judge compliance with the restrictions established by law. Annual reporting must be approved. The meeting at which this is done is convened no earlier than March 1 and no later than April 30 of the year following it (Article 34 of Law No. 14-FZ). The issue of dividend distribution is usually timed to coincide with this meeting.

The fact of holding a meeting is documented in a protocol drawn up in the form accepted by the LLC, which must contain the following information regarding dividends:

• an indication of the year for which they want to pay income to participants;
• amount allocated for dividends;
• form of issuance and payment period.

It is permissible in the protocol to indicate a single amount intended for payment, since in an LLC the procedure according to which dividends are distributed is either reflected in the charter or is the result of a division in proportion to shares (clause 2 of Article 28 of Law No. 14-FZ ).

The form of issuance, in addition to monetary, can be property. However, the issuance of property is equivalent to sale (letter of the Ministry of Finance of the Russian Federation dated 02/07/2018 No. 03-05-05-01/7294, dated 08/25/2017 No. 03-03-06/1/54596, dated 12/17/2009 No. 03-11-09 /405) and will be very unprofitable from a tax point of view. Therefore, cash payments are preferred.

Dividend distribution

If there is a single founder, the issue of distribution does not arise. He receives the entire amount allocated for payment purposes.

If there are several participants, the distribution will most often be proportional to the share of the contribution to the management company. The amount of dividends per person is determined by multiplying the total amount allocated for distribution by the percentage reflecting the share of participation.

If the distribution does not correspond to the proportion or algorithm established by the charter, then in relation to payments to individuals this may lead to disputes with extra-budgetary funds, which are not accrued on the amount of legally paid dividends. And the amounts in excess will be considered ordinary income, for which these accruals are required.

Dividend payment procedure

As before, the actual payment of dividends in 2019 is carried out with tax withholding. They are applied regardless of the year for which the accrual occurs, to payments made in 2019:

• Personal income tax for individuals - 13% (clause 1 of Article 224 of the Tax Code of the Russian Federation) for citizens of the Russian Federation and 15% (clause 3 of Article 224 of the Tax Code of the Russian Federation) for foreigners;
• income tax for legal entities - 13% (subclause 2, clause 3, article 284 of the Tax Code of the Russian Federation) for Russian companies and 15% (subclause 3, clause 3, article 284 of the Tax Code of the Russian Federation) for foreign legal entities.

For situations where dividends are issued to a legal entity that has owned more than a 50% stake in the capital company for at least a year, a 0% rate can be applied (subclause 1, clause 3, article 284 of the Tax Code of the Russian Federation).

The question of taxation of dividends issued to a legal entity arises even for an LLC whose tax regime exempts it from ordinary payments on profits.

If the LLC issuing dividends is also the recipient, then the basis for determining the tax accrued on payments to resident participants can be reduced. To do this, the total amount of dividends received is subtracted from the total amount of profits allocated for distribution. Then the difference must be multiplied by the share of participation and the tax rate (clause 2 of Article 214 and clause 2 of Article 275 of the Tax Code of the Russian Federation). This calculation procedure is not applicable for legal entities and foreign citizens.

Read more about calculating tax on dividends in the following articles:

• “How to correctly calculate the tax on dividends?” ;
• “Features of calculating dividends for determining income tax”;
• “The procedure for calculating dividends under the simplified tax system.”

Taxes are paid no later than the 1st working day following the day of payment, regardless of who the dividends are paid to: submitted to the Federal Tax Service on a quarterly basis no later than the last day of the month following the reporting quarter, and (for the year) before April 1 of the year, coming after the reporting period;

Read more about entering data on dividends in Form 6-NDFL in the material “How to correctly reflect dividends in form 6-NDFL?” .

• for profit - in the form of a declaration, which, in addition to the title page, includes subsection 1.3 of section 1 and sheet 03, submitted to the Federal Tax Service within the deadlines established for such reporting: interim - before the 28th day of the month following the reporting period, final (for the year) - until March 28 of the following year.

Results

The procedure for paying dividends to founders in 2019 has not changed. Before deciding to pay dividends, it is necessary to check whether restrictions are violated that would make payment impossible. Taxation of dividend payment transactions depends on the form of their payment, the period of ownership of shares in the authorized capital, whether the LLC received dividends from other companies, and whether the recipient of the dividends is a Russian or foreign organization/individual.

A person who plans to engage in investments, invest money in securities and make a profit in the future, needs to understand what dividends are. Even a beginner can explain this term in simple words. Economics textbooks contain the traditional interpretation: dividends are company profits paid to shareholders as incentives or rewards. But many people have reasonable questions: why don’t all companies pay dividends? What determines their size? How to invest money to receive stable payments?

What are dividends?

Dividends are company profits distributed to shareholders based on the number of shares issued. These are payments from net profit, that is, from income from which taxes have already been paid and other expenses have been made. Dividends are paid in order of priority - first to the owners, then to the ordinary ones.

Such payments are made in LLCs and joint stock companies and are a source of income for the shareholder. Essentially, you can count on two types of profit:

• An increase in the market value of a security - for example, you buy shares at 200 rubles per unit. The company is developing successfully, in a year the same shares will cost 300 rubles, you can make a profit when selling;
• Direct dividends - they are paid on a regular basis, if the company’s business is stable, the business generates income.

True, not all companies pay dividends. This is caused not only by the loss, but also by the fact that the company uses the money for further development. This is especially often done by developing enterprises that need additional financial injections - they distribute profits to the needs of the company without making payments to shareholders.

Types of dividends

There is a classification of dividends that allows you to better understand the essence of this term and determine where it is more profitable to invest your money. Dividends are divided according to the following criteria:

• Frequency of payments - most companies pay profits to shareholders once a year, some large enterprises do this twice a year, others - quarterly;
• Method of payment - traditionally, part of the profit is transferred to the shareholder in cash. The method of payments in kind is rarely used - the property of the enterprise is issued, which should be provided for by the statutory documents;
• Type of shares - for ordinary shares, the decision on payments is made by the board of directors, for preferred shares - the conditions for issuance are set out in the charter. If the company goes bankrupt and is liquidated, preferred shareholders will receive priority payments after all debts are paid off;
• Amount of payments - money can be paid in stages over a specified period (for example, 5 years), or in a lump sum.

You need to clarify the type of dividends, terms and amounts of their payments when purchasing a security. In large companies, this information is disclosed to investors on the official website, and statistics on previously made payments are also presented here.

How is the size of dividend payments determined?

The amount of dividends is set by the company's policy and the availability of profits in the reporting period. If the company incurs losses, then there is no need to expect payments. In addition, profits can be used for reinvestment in the business - purchasing equipment, opening new offices and branches, if management considers that such a decision is the most reasonable.

Most large companies convene a meeting of shareholders to determine the amount of dividends. The board of directors preliminarily sets recommended values; shareholders cannot exceed them. On average, the return on shares of successful enterprises remains at 5-10% per year. Calculating the profit of a specific shareholder is simple, for example:

• Petrov bought 200 shares of the Russian company Norilsk Nickel for 100 rubles;
• This company makes payments twice a year. Let's assume the return is 10% in 2018;
• In the first half of the year, Petrov will receive dividends in the amount of 200 * 100 * 5% = 1000 rubles, in the second - the same amount.

Although the size of the payments is small, profits are generated not only from dividend payments, since the value of shares on the stock market is constantly growing. In essence, investing in securities is similar to opening a long-term deposit with annual payment of part of the interest.

When are dividends paid?

The procedure and timing of dividend payments are determined by the legislation of the Russian Federation. The LLC must pay shareholders no later than two months from the date of the decision. In this case, the decision is made by a meeting of the company’s participants, or the deadline is prescribed in the charter.

Joint stock companies make payments in a slightly different manner. The issuance period is counted from the date when the composition of shareholders is determined:

• Dividends are transferred no later than 10 business days to shareholders and managers;
• No later than 25 working days - to other shareholders.

A JSC may not pay dividends if it is bankrupt, or the amount of its authorized capital with a reserve fund exceeds its net assets.

How can an individual buy shares and receive dividends?

Trading in shares takes place on stock exchanges, where private individuals do not have access, that is, you will not be able to come here and directly participate in trading. It is necessary to involve a broker in the purchase - an intermediary between you, the exchange and the seller. How should you proceed?

1. Choose a broker. The choice depends on what stocks you will buy. Any broker can help you purchase securities of Russian companies; foreign brokers can help you with those that have access to international exchanges. Look for brokers with high ratings and affordable rates. The average commission is 0.02-0.5% of the transaction amount. Also take into account the minimum amount the broker works with – 30-100 thousand rubles;
2. You sign an agreement. You must visit the broker's office to sign papers for brokerage services. The procedure takes about half an hour, during which a trading account is opened for you to purchase shares;
3. You buy shares. Having transferred the required amount of money to your account, you select securities with attractive quotes and make a purchase by phone or using a special terminal. Usually shares are sold in lots (packs), for example, in Sberbank the package is 10 shares, in Surgutneftegaz - 100 shares, in Magnit - only one.

Having become the owner of the shares, you just have to wait until the decision is made on the next payments to shareholders. By the way, you can receive dividends when owning securities by opening an individual investment account - you will be exempt from paying personal income tax.

Which company shares provide high dividends?

When figuring out how to buy stocks, you need to choose the right companies to invest in. It is profitable to purchase securities from steadily growing organizations. These include Gazprom, Sberbank, Rostelecom, Lukoil, Rosneft and other large enterprises.

Shares of state-owned companies are characterized by high liquidity and resistance to the economic crisis. Although, for example, Sberbank securities lost value in 2014, the situation stabilized in subsequent years. That is, shares of large companies are a profitable investment in the long term.

Experts do not recommend investing in foreign stocks due to geopolitical instability. True, in 2018, American securities are still popular. Investors believe in the prospects of Micron Technology, Check Point Software Technologies, and Jacobs Engineering Group shares. They all work in the field of IT technology, electronics and computer security.

Buying shares for dividends is a popular way of investing capital. It is not always suitable for beginners, as it requires a thorough analysis of the market situation. Before an acquisition, you need to assess the prospects of a particular company, understand whether a profit will be made in this period, and accordingly, whether shareholders can count on dividend payments.

The goal of any commercial enterprise is to make a profit, and this is the result that all entrepreneurs strive for. And if the goal is achieved, the organization’s participants receive income from the profits received, called dividends. At first glance, the operation is not complicated, but, as in any financial matter, there are a number of nuances that an accounting employee must take into account. Let us consider step by step the procedure for paying dividends in a limited liability company.

Where to begin

So, the results have been calculated, taxes have been paid, and net profit has been determined. And everything seemed to work out so beautifully, the period was closed with the treasured credit balance on the 84th account. But there is no need to rush into making a decision on paying dividends. First you need to analyze a number of indicators that allow the payment of such income. For example, if a company has recently been created and profits are being distributed for the first time, you need to check whether the authorized capital is fully paid up. If there are participants who have not contributed their share, payment of dividends is impossible.

Next, you need to calculate the value of net assets, the procedure for determining which is approved by order of the Russian Ministry of Finance. If this indicator turns out to be less than the cost of the authorized capital, the profit is not distributed. It is also worth paying attention to the fact that the value of net assets should not be lower than the authorized capital even after payment of dividends.

In practice, there are situations when a profit is generated at the end of the reporting period, but in fact there are no funds to pay dividends. There are many reasons for this situation, and most of them lie in the accounting methodology itself. Therefore, you need to make sure that the organization’s current account has or will soon have money to pay income to participants.

note

From January 1, 2015, the personal income tax and income tax rate on dividends received by residents of the Russian Federation was increased to 13 percent. Let us remember that last year dividends were taxed at a rate of nine percent.

When can dividends be paid?

In accordance with the law, a limited liability company can distribute profits quarterly, every six months or every year (Clause 1, Article 28, Law No. 14-FZ dated 02/08/1998). The maximum payment period is 60 days from the date of the decision. Participants can independently determine the payment period by specifying it in the company’s charter or in the decision on the distribution of profits. If information about the timing is not documented, then dividends must be paid within 60 days.

But what to do if the deadline for dividend payments has passed, and the participants still have not seen their money? In this case, the founders have the right, within three years after the end of the payment period, to contact the company with a demand to receive their share of the income. By the way, the period can be extended to five years if this is specified in the company’s charter.

Amount and form of dividend payments

Profit is distributed among the participants in proportion to their shares contributed to the authorized capital. In other words, if a participant's share is 25 percent, then he will receive income within his 25 percent of the distributed profit. However, the charter may prescribe a different procedure for paying dividends, regardless of the size of the participant’s share. This procedure must be prescribed in the constituent document at the stage of creation of the organization or through amendments.

Currently, the list of participants and their shares is not required to be reflected in the charter. Therefore, it is enough to state here that profits are distributed disproportionately to shares in the authorized capital. Data about the participants and the ratio in which they will receive income can be fixed in the agreement on establishment or directly in the decision on the distribution of profits.

If interim dividends were paid in 2014, and personal income tax was withheld and transferred from them at a rate of nine percent, then there is no need to recalculate the tax at the increased rate. The new tax rate (13 percent) applies to payments made directly in 2015.

Participants can receive their income both in cash and in kind. The law does not oblige the founders to prescribe in the charter the method of paying dividends. Therefore, the form of payment of participants’ income can be specified in the decision.

Profit distribution decision

The decision on the distribution of profits is made by a majority vote at the general meeting of participants and is documented in minutes or by a decision of the sole participant.

The protocol (decision) must contain information such as:

• period profits are distributed;
• the amount of profit to be distributed;
• proportions of distributed profits;
• participants who are due payment of dividends, indicating the amount of such payment;
• timing of income payment;
• form of dividend payment.

Participants have the right to indicate other information in the document if, in their opinion, it can provide clarity and help avoid conflicting situations in the future.

After the dividend payment procedure has been carried out, it must be properly reflected in accounting and tax accounting.

Taxation of dividends

Taxation of dividends has its own characteristics, which an accountant must remember. After all, for example, the composition of participants and the form of distributed profits determine what taxes society will ultimately have to pay. Let's look at this in more detail.

Individual participants

So, if the participants of the company are individuals, then payments in the form of dividends are subject to personal income tax at the following rates ():

• 13 percent when paying income to persons who are residents of the Russian Federation;
• 15 percent when paying income to persons who are not residents of the Russian Federation.

It should be noted that when calculating at a rate of 13 percent, tax deductions do not apply to “dividend” income (). Therefore, the tax base for income in the form of dividends should be formed separately from other income.

Participants-legal entities

If there are legal entity participants in the organization, the company has an obligation to pay income tax at the following rates:

• zero percent on dividend payments received by Russian organizations. An organization can take advantage of the benefit if a number of conditions are met, namely: on the date of the decision to pay income, the company must own a 50 percent share (or more) in the authorized capital. The period of ownership of shares is at least 365 calendar days, and it must not be interrupted. Or the company owns depositary receipts that give it the right to receive dividends, the amount of which corresponds to at least 50 percent of the total amount of dividends paid;
• 13 percent on income received in the form of dividends from Russian and foreign organizations. This rate is used by Russian companies that do not have the right to use the 0 percent rate;
• 15 percent on income received in the form of dividends by foreign organizations from Russian companies.

All organizations must pay income tax on dividends, regardless of their tax system.

Example 1

Olympus LLC decided to distribute profits in the amount of 100,000 rubles. The organization consists of three members:

• Petrov P.P., resident of the Russian Federation, share in the authorized capital - 35 percent;
• Fedorov F.F., resident of the Russian Federation, share in the authorized capital - 20 percent;
• Meridian LLC, resident of the Russian Federation, share in the authorized capital – 45 percent.

The calculation of dividends of participants and taxes due to Olympus LLC is summarized in the table:

The situation discussed in this example is most typical for Russian realities, when the organization paying dividends did not itself receive dividends, and its members include participants who are residents of the Russian Federation.

If the company is also a recipient of dividends, then the withholding tax is calculated in accordance with paragraph 5 of Article 275 of the Tax Code:

N = K x CH x (D1 – D2),

where N is the amount of tax subject to withholding;

K – the ratio of the amount of dividends subject to distribution in favor of the taxpayer-recipient of dividends to the total amount of dividends subject to distribution by the Russian organization;

Сн – tax rate (13%);

D1 – the total amount of dividends to be distributed by the Russian organization in favor of all recipients;

D2 – the total amount of dividends received by a Russian organization in the current reporting (tax) period and previous reporting (tax) periods, provided that these dividend amounts were not previously taken into account when determining the tax base. When calculating this indicator, dividends received from organizations that apply a zero percent profit tax rate are not taken into account.

Using this formula, personal income tax is also calculated on dividends of Russian participants. If among the participants of the organization there are non-residents of the Russian Federation, then taxes are calculated according to:

Tax = Amount of dividends paid x 15%

Example 2

Olympus LLC received dividends from Nimfa LLC on March 1, 2015 in the amount of 50,000 rubles. At the general meeting, the participants of the organization decided to distribute profits in the amount of 100,000 rubles. and payment of dividends in the following amounts:

• Fedorov F.F. - 35,000 rubles. (is a resident of the Russian Federation);
• Pitridi K. - 20,000 rub. (not a resident of the Russian Federation);
• LLC "Meridian" - 45,000 rubles. (is a resident of the Russian Federation).

The company's net profit is distributed among participants in proportion to their shares in the authorized capital. There are no grounds for applying a zero rate for income tax.

First, let's calculate the amount of taxes that the organization will have to withhold from dividends of Russian resident participants:

The total amount of dividends paid in favor of Russian participants is 80,000 rubles. (35,000 + 45,000).

Personal income tax on dividends from Fedorov F.F.:

35,000 rub. : 80,000 rub. x 13% x (80,000 rub. – 50,000 rub.) = 1,706 rub.

The participant will receive dividends in the amount of RUB 33,294. (35,000 – 1706).

Income tax on dividends of Meridian LLC:

45,000 rub. : 80,000 rub. x 13% x (80,000 rub. – 50,000 rub.) = 2,194 rub.

An amount equal to RUB 42,806 will be credited to the company’s account. (45,000 – 2194)

Let's calculate the amount of tax that an organization must withhold from dividends of a non-resident participant of the Russian Federation.

Personal income tax on dividends Pitridi K.:

20,000 rub. x 15% = 3000 rub.

The participant will be paid dividends in the amount of 17,000 rubles. (20,000 - 3000).

Withheld taxes will need to be transferred to the budget within the following time frames:

• Personal income tax - no later than the day of payment of dividends to the participant ().
• income tax – no later than the next day after the dividends are transferred to the participant ().

We remind you that the company must report to the tax authorities on the amounts of taxes withheld.

When paying dividends to an organization, it is filled out, consisting of a title page, subsection 1.3 of section. 1 and sheet 03. It must be submitted no later than the 28th day of the month following the reporting period in which the income was paid.

Dividends paid to individuals are reflected in, which must be submitted before April 1 of the year following the year of payment of income.

Payment of dividends in kind

If there is no cash, the organization can pay dividends with property (for example, goods, finished products, fixed assets). However, this method is not profitable, since it entails the payment of taxes - such as VAT and income tax. At the same time, the organization’s obligation as a tax agent remains intact. Please note that property for payment of dividends must be transferred at prices not lower than market prices (to avoid underestimating the base for determining taxes). Personal income tax in this case is calculated based on the value of the property, including VAT. If the organization does not have the opportunity to withhold and transfer personal income tax from the transferred property, the participant and the Federal Tax Service Inspectorate with which the tax agent organization is registered must be notified about this within a month.

Reflection of dividend payments in accounting

For clarity, we will consider the reflection of payment of income to participants using an example.

Example 3

Olympus LLC decided to distribute profits and pay dividends to participants in the following amounts:

• Petrov P.P. - 35,000 rubles, incl. Personal income tax - 4550 rubles (resident of the Russian Federation, not an employee of the company);
• Fedorov F.F. - 20,000 rubles, incl. Personal income tax - 2600 rubles (resident of the Russian Federation, is an employee of the company);
• Meridian LLC - 45,000 rubles, incl. Income tax - 5850 rubles (resident of the Russian Federation).

The accountant of Olympus LLC must make the following entries:

DEBIT 84 CREDIT 75
- 35,000 rub. – dividends were accrued to Petrov P.P.;

DEBIT 84 CREDIT 75
- 45,000 rub. – dividends accrued to Meridian LLC;

DEBIT 84 CREDIT 70
- 20,000 rub. – dividends were accrued to Fedorov F.F.;

DEBIT 75 CREDIT 68
- 4550 rub. – personal income tax was withheld from the income of Petrov P.P.;

DEBIT 75 CREDIT 68
<- 5850 руб. – удержан налог на прибыль из дохода ООО «Меридиан».

DEBIT 70 CREDIT 68
- 2600 rub. – personal income tax was withheld from the income of Fedorov F.F.;

DEBIT 70 CREDIT 50 (51)
- 17,400 rub. – dividends were paid (transferred) to Fedorov F.F.;

DEBIT 75 CREDIT 50 (51)
- 30,450 rub. – dividends were paid (transferred) to Petrov P.P.;

DEBIT 75 CREDIT 51
- 39,150 rub. – dividends of Meridian LLC are listed;

DEBIT 68 CREDIT 51
- 7150 rub. – the withheld personal income tax is transferred to the budget;

DEBIT 68 CREDIT 51
- 5850 rub. – the withheld income tax is transferred to the budget.

Olga Fedun, for the magazine “Practical Accounting”

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How are dividends earned by the company paid to shareholders? How often are they paid? Where can I claim them? What taxes are imposed on passive income? When to buy securities to receive large payouts and what is the “cut-off date”?

How are dividends paid on shares?

The payment of remuneration to investors and founders by the company is regulated by several regulations at once - from federal laws to the Charter of the enterprise. The main document is the Regulation on Dividend Policy. It specifies how many times a year dividends are paid and what part of the profit is allocated to transfer them.

When a decision is made

All current issues regarding the payment of dividends are resolved at a meeting of shareholders or founders. The meeting of shareholders is given the authority to allocate a smaller amount for payment than specified in the dividend policy, or even “freeze” all transfers for this year. The meeting can decide in what form the incentive will be paid:

• In the form of a non-cash transfer to the accounts of shareholders and founders in proportion to their shares (or to broker accounts);
• In the form of cash payment at the cash desk of the enterprise;
• In kind - most often in the form of additional shares of the company or shares of subsidiaries (in practice this is called reinvestment or additional capitalization of the company).

Most often, payments are made once a year, but the specific decision on how often dividends on shares are paid is made by the meeting. Payments are:

• Monthly (used very rarely and only in relation to LLCs);
• Quarterly;
• Semi-annual;
• Annual.

In addition, the meeting can distribute profits for past years if there are free funds in the company’s cash register, or appoint a partial payment for the current period if it is necessary to keep money within the company for now.

Please note that the payment of dividends on company shares is regulated by internal regulations - the Regulations on Dividend Policy. Each organization publishes current data on how many times a year profits were distributed on official websites (example for PJSC Severstal).

The way dividends are paid on shares can also be influenced by the company's high profitability. Thus, if business is carried out successfully, the board may propose to shareholders to hold an extraordinary meeting and distribute income. Such payments are called extraordinary and, as a rule, news about upcoming payments is positively reflected in the stock price.

Paying dividends is the right of an enterprise, but not an obligation. Therefore, the meeting may decide not to make payments at all, but to use funds for additional capitalization of the company or invest them in equipment, construction of capital buildings, etc.

However, in some cases the company cannot begin to distribute profits at all:

• If the issued shares are repurchased at the initiative of the founders or the shareholders themselves;
• If the total amount of net assets has decreased below the permissible norm;
• If all contributions to the authorized capital have not been made (relevant for LLC);
• If bankruptcy proceedings are initiated against the company.

If the company still accrued and paid dividends in such circumstances, any shareholder can sue it and protest the decision.

How many times per year is profit accrued?

The algorithm for how dividends are calculated and paid is prescribed in the Charter and dividend policy of the enterprise. Most often, net profit is taken as the basis for calculating the amount of payments - income “exempt” from mandatory payments, fines and taxes. Profit can be calculated in different ways: according to RAS or IFRS. For investors, the IFRS report is of greater importance.

Exactly how much of the profits shareholders will use for profit is decided by the meeting. Usually this is no less than 30%. At the same time, state corporations are required to allocate at least 50% of net profit for these purposes. The remaining undistributed income is used to improve the financial condition of the company and for internal investment.

The profit of a particular investor depends on the number of shares he owns and their status. The holders of preferred shares of the enterprise are transferred money first. Dividend income on preferred shares cannot be lower than on ordinary ones. A number of policies stipulate that the income for this type of shares is fixed, for example, 15% of the value of the share or 10% of the profit of the enterprise.

If a special rate is not assigned to preferred shares, shareholders will receive the same profit on all types of securities. If the board decides not to distribute profits, preferred shareholders will not receive dividends.

There are several rules for which stocks pay dividends. The main thing is that they must belong to their owners, i.e. must be paid by them. However, dividends are not paid on the following categories of securities:

• Not issued;
• Listed on the balance sheet of the enterprise by decision of the members of the board;
• Purchased at the request of a meeting of shareholders;
• Received on the balance sheet of the enterprise due to non-payment by the buyer.

Thus, dividends are paid only on those securities that are issued for free circulation and are in the hands of auctioneers and holders of shares in the authorized capital.

How often are payments made?

Investors who want to make money on dividend stocks need to learn not only how often dividends are paid, but also what transactions precede the payments in order to have time to purchase the right issuers.

The algorithm for approving dividends is as follows:

• Closing the register of participants in an annual or extraordinary meeting. In order to vote for the board of directors' proposal to pay dividends, you must become a shareholder before this deadline and submit an application to participate in the work of the board.
• Holding the meeting itself, at which the financial results of the year are announced and all the key points related to dividends are determined. The meeting is usually held during the day.
• "Cut-off". In order to receive the payment due to him, the investor must buy the shares in advance, and on the closing date they must be listed in his repo account. It should be taken into account that in Russia the T+2 trading mode has been adopted, which means that securities are credited to the account only two days after the transaction.
• Dividend payment. It must be carried out no later than 30 days from the date of closure of the register.

To receive payments, the investor does not have to own shares on the date of payment; immediately after the cutoff, he can sell the securities. Quotes after the transfer of dividends usually fall by an amount equal to the payments - it is advisable to hold the shares until they reach the optimal price.

Features of dividend distribution in LLC

Joint-stock companies and limited liability companies have the right to pay remuneration to holders of securities. A dividend is considered to be distributed profit in accordance with the share of ownership of securities.

There are some peculiarities in how dividends are paid in LLCs:

• The law does not prohibit paying founders remuneration disproportionate to the shares they own. However, in this case they are not considered dividends and are taxed differently.
• LLC legislation does not include such a concept as net profit. Therefore, data from accounting is taken for calculation. Retained earnings are taken as the basis for calculating dividends - income from all types of activities minus taxes, fines and mandatory payments.
• Notice of the date of the meeting must be sent to all interested parties at least 30 days before its organization. The presence or absence of founders at meetings does not affect the possibility of paying them dividends.

Transfers to founders

The question often arises about how dividends are paid to founders. The algorithm of actions here is the same as when transferring remuneration to shareholders:

• At the general meeting, the accountant reports on the company’s income and expenses for the reporting period and presents the amount of undistributed income;
• The meeting decides which part of the “undistributed funds” is sent to pay dividends, which part is used for investments, and which part is paid in the form of additional bonuses to the founders;
• The final decision is made by a simple majority and is enshrined in the protocol;
• The management of the company issues an order to transfer dividends;
• On the payment day, the accountant transfers dividends to the founders and at the same time withholds tax.

The general meeting may decide on the inclusion of new persons among the founders and the exclusion of existing ones. This is a common practice for LLCs. With the unanimous consent of all meeting participants, it is possible not to make changes to the Charter, limiting it to a corporate agreement.

Taxation

The organization paying dividends is a tax agent, so the task of withholding fiscal contributions is entrusted to its shoulders. Regardless of how many times dividends are paid, the company withholds tax on these payments:

• 13% – for individuals and legal entities who are tax residents of our country;
• 15% – for foreign individuals and companies.

This rate applies to any dividends – annual and interim, as well as additional ones. No tax breaks or deductions are applied to the calculated fiscal contribution. A special preferential tax regime is provided for only one category of holders - legal entities that own more than 50% of the authorized capital.

The company transfers dividends to brokers' accounts for further distribution of payments after the withdrawal of taxes. Thus, if the dividend amount is, for example, 10 rubles per share, the investor will actually receive 8 rubles 70 kopecks.

A joint stock company or LLC that has withheld tax on dividends transfers it to the budget no later than the next business day.

Conclusion

How dividends are paid - the order, terms, amounts - depends on the organizational form of the enterprise and its economic activities. But regardless of which company transfers the payments - a joint-stock company or an LLC - the algorithm is approximately the same: a meeting date is set, at the meeting the shareholders and founders decide when the payment will be made and how much each security holder will receive. The meeting has the right not to distribute profits, but to use them to invest in the company. To receive dividends, you must own a share or share in the authorized capital on the closing date of the register. The transfer is made by transfer to a current or brokerage account. Payments in kind are possible.

An LLC has a number of advantages over an individual entrepreneur: in particular, this concerns the fact that the founders of a limited liability company are not liable for the company’s debts with their own property. In addition, this type of organization allows you to open branches and expand the scope of activity.

However, along with this, there is also a significant disadvantage - the founders of the company cannot freely dispose of the earned capital. Payment of dividends is carried out according to legally established rules.

What is this procedure regulated by?

At their core, dividends are part of the profit (or rather, net profit) that remains after taxes. Accordingly, if, for example, an LLC works for UTII, then this is the amount that remains after the single tax on imputed income has been paid.

Profits are distributed among the founders in proportion to the shares that they contributed to the authorized capital society. However, the company has the right to establish its own procedure for distributing payments, which will be carried out regardless of the participation of the founders.

There are a number of documents regulating the payment procedure:

• Laws No. 208-FZ and No. 14-FZ, adopted in 1995 and 1998 respectively, indicate that the decision must be made by the general meeting of founders.
• The same laws (other subparagraphs) regulate the need to draw up minutes of the meeting.
• Law No. 14-FZ also states that profits can be distributed quarterly, semi-annually or annually(at the same time, experts advise carrying out this procedure once a year, because then the amount of profit and payments can be determined as clearly as possible).
• The Tax Code of the Russian Federation regulates the fact that LLCs (as well as joint-stock companies) must themselves calculate the amount of tax, withhold it and transfer it to the budget. This applies to any chosen taxation system.
• Letters from the Ministry of Finance regulate the timing of tax transfers and payments.

The law stipulates that in the absence of funds the company can pay dividends with property(in particular, fixed assets or goods). However, this method, although seemingly beneficial, is not so, since society will have to pay additional taxes - this and.

All the nuances of this procedure are discussed in detail in the following video:

Payment procedure

The maximum payment period is 60 calendar days from the date of the decision on the need to perform this procedure. In this case, it is permissible to indicate the exact payment deadline if it is indicated in. According to the legislation of the Russian Federation, if payments were not made within the specified period, the founders can contact the company regarding their collection within 3-5 years (3 years according to the laws, more if this information is indicated in the Charter).

The calculation is made directly by the organization. The NFDL rate is 13% . At the same time, in case of payment of income to foreign citizens, the tax rate on personal income will be higher and amount to 15%.

So, if the company received dividends, then personal income tax is calculated as follows (for a Russian participant):

• Amount of dividends accrued to the founder / Dividends accrued to all founders * (Dividends accrued to all founders - Dividends that were received in the current and last years) * 13%.
• If the organization did not receive dividends in the billing period, the formula is significantly simplified: in this case, the dividends accrued to the participant are simply multiplied by 13%.

The decision that dividends will be paid is made at the general meeting of founders. Accordingly, after it has been carried out, a protocol must be drawn up (in two copies), which must contain the following information:

• Date and number.
• Place and date.
• Agenda.
• Signatures of the founders with transcript.

The decision on the distribution of profits itself must contain the data presented below:

• Profit amount and distribution period.
• Proportions of founders during distribution.
• List of participants who should receive payment, indicating its amount.
• Timing and form of income payment.

There is no special document existing for processing payments. That is why an organization can independently develop a form. But in this case, approval of the form of the document will be required using an order on accounting policies.

It is also suitable to use standard forms that are filled out in cases of transfer to another account or in the situation of issuing funds from the cash register. Among them are:

• Specialized statements (in particular, forms and, which were approved at the beginning of 2004, are suitable).
• (the form was approved in 1998 and has the number KO-2).
• Payment orders, etc.

Nuances of the procedure

In the case of payments to a single founder (as well as for a situation with several founders), insurance premiums are not paid, since they are not considered as wages. At the same time, the procedure itself is much simpler, since the sole founder can independently make the appropriate decision on distribution and then make the payment. He will receive net profit in full (minus taxes), since his share in the authorized capital is 100%.

There are also additional nuances that regulate cases in which dividends cannot be paid under any circumstances:

• Lack of fully paid authorized capital.
• The company may currently be recognized (or become recognized after payment is made).
• The LLC did not pay the cost of one of the shares (applies only to some cases).
• There is an uncovered loss, which is reflected in the financial statements.
• The value of net assets does not cover the amount of the authorized and reserve capital (or it will become lower than this amount after payment is made).

Taxes on dividends

Dividends are paid income tax, which must be transferred no later than the deadline for direct payments to the founders. In case of delay, the fine will be 20% of the untransferred amount. A penalty in the amount of one three hundredth of the refinancing rate will also be withheld (paid for each day of delay).

In addition, dividends paid (according to Article 208 of the Tax Code of the Russian Federation) are withheld personal income tax (NDFL), since they are considered sources of income. The tax base takes into account both the payer’s income in cash and in kind. The consequences of non-payment are that the company will be obliged to pay interest to the founders for the use of other people's funds.

Since the company is a source of income for an individual (the founder of the company), which is received in the form of dividends, the company itself will be considered as a kind of tax agent and determine the amount of personal income tax individually for each of the founders. It is important to understand that the basis is not the total amount of dividends, but the difference between its value and the amount of dividends that were received by the tax agent, which is the LLC.

Personal income tax is withheld immediately after the payment of dividends, and its amount must be transferred to the budget before the funds are actually received from the bank by the founders.

Even if the founder refuses to make payments to the company, it is necessary to carry out the procedure for withholding personal income tax.

Thus, the payment of dividends for the founders of a limited liability company has a number of features and subtleties that must be taken into account in order for this procedure to be carried out legally. To do this, it is important to monitor all changes in legislation related to filling out forms, deadlines and payment procedures.