The Federal Tax Service warned about false information on registration of social deductions

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01/25/2017 For those citizens who have taken care of life insurance or pension provision, the right is provided to reimburse a certain part of their expenses.
Not only expenses for yourself, but also for your loved ones are taken into account. The state seeks to support citizens' long-term investments in their future and the future of their loved ones. For these purposes, the Tax Code of the Russian Federation provides for the right of Russians to receive social tax deductions for life insurance and pension provision. MoneyMan knows how to take advantage of this opportunity.

Grounds for receiving a deduction

Ilya Investitsyn is one of those far-sighted citizens who count on the future. That is why he entered into a voluntary life insurance agreement for 6 years with, and also pays contributions in favor of his father under a voluntary pension insurance agreement concluded with the non-state pension fund (NPF) Surgutneftegaz. Under the first agreement, Ilya annually pays contributions in the amount of 50,000 rubles, and under the second - 60,000 rubles. Investitsin works at PJSC Money House, where 13% is withheld from his salary, which means he has the right to a deduction.

Return money from a non-state pension fund

Nuances of the return procedure: how to return the funded part of the pension to the Pension Fund? So, is the funded part of the pension paid to working pensioners? If they independently made contributions to an individual account, then yes. If they did not make independent deductions, but the employer did it for them, payment of part of the cash savings to workers is not made on a general basis. The remaining citizens who are entitled to an age pension based on their existing work experience also have the right to claim a one-time or monthly return of accumulated funds.

What can you get a deduction for?

The conditions for receiving this deduction are regulated by Art. 219 of the Tax Code of the Russian Federation, and it itself belongs to the list of social tax deductions. You can receive it if the taxpayer carried out:

• Pension contributions under a non-state pension insurance agreement concluded with a non-state pension fund; • Insurance premiums under a voluntary pension insurance agreement concluded with an insurance organization; • Insurance premiums under a voluntary life insurance contract for a period of at least 5 years.

A deduction will be provided if the taxpayer pays contributions not only for himself, but also for the benefit of spouses, parents, children (natural and adopted), brothers, sisters, etc. According to these rules, Investitsyn can receive a deduction for all contributions: in the first case, a life insurance contract was concluded for a period of more than 5 years in his favor, and in the second case, a voluntary pension insurance contract was concluded in favor of a close relative.

How to return the funded part of your pension

Law of May 7, 1998 No. 75-FZ). Its form was approved by order of the Ministry of Labor of Russia dated October 31, 2012 No. 505n. Obligation of NPFs to transfer accumulations NPFs are obliged to transfer pension savings back to the Pension Fund of the Russian Federation if:

• NPF lost its license;
• the person who allocated funds (part of the funds) of maternal (family) capital to form a funded pension died;
• the person refused to direct funds (part of the funds) of maternity capital to form a funded pension;
• the contract on compulsory pension insurance is terminated due to the court recognizing it as concluded by improper parties;
• The arbitration court declared the NPF bankrupt and decided to open bankruptcy proceedings.

This is stated in paragraph 1 of Article 36.6 of the Law of May 7, 1998 No. 75-FZ.

Features of life insurance

If the taxpayer entered into a life insurance contract for a period of more than 5 years before January 1, 2020, the deduction will be due only for premiums that were paid starting in 2020. The fact is that amendments to the Tax Code of the Russian Federation, providing for the right of citizens to receive a deduction for voluntary life insurance, came into force on January 1, 2020.

It turned out that Ilya entered into a life insurance agreement in 2013 and sent contributions back in 2013 and 2014. For the indicated periods, he will not be given a deduction, but for deductions in 2015 and subsequent years, he has every right to reimburse part of the personal income tax paid.

Tax refund on pension contributions

He draws up a special agreement, based on which, from the employer’s contributions, some half will form the funded part. Also, the employee himself expresses his desire where his allocated money will go: to an account in the State Pension Fund or to a Non-State Company. Even citizens who have never worked can receive funds if they have made voluntary contributions to the Fund. Contributions can be made from maternal capital funds. Important! The main difference between the insurance part and the funded part is that the first is indexed annually, depending on inflation, the second is not indexed, which means that the person making the contributions may suffer losses. Only those who regularly deposited funds into an individual personal account can return accumulated deductions. Payments can be made at the personal request of a person who has reached the appropriate age.

Deduction amount

This deduction is provided in the amount of contributions actually paid and is subject to the rule of 120,000 rubles. : the amount of all social deductions (except for deductions for donations, expensive treatment and education of children) should not exceed 120,000 rubles. The maximum compensation in this case will be 15,600 rubles .

Investitsyn can receive a deduction in the amount of 120,000 rubles, but since the amount of contributions under the agreements is 110,000 rubles. (50,000 thousand rubles for life insurance and 60,000 rubles for pension insurance), which is less than the established limit, the deduction will be equal to the actual amount of contributions paid. For expenses incurred, Ilya can reimburse 14,300 rubles . (RUB 110,000*13%).

Let's assume that during the period Ilya also paid for training costing 30,000 rubles. at a driving school. Such expenses are considered social deductions for your own education. Therefore, the remaining 10,000 rubles. from the limit (120,000 rubles - 110,000 rubles), Investitsin can also add to the total amount, because it was also spent on education. As a result, the taxpayer will reimburse 13% of the total 120,000 rubles due for social tax deductions, which will amount to 15,600 rubles. (RUB 120,000 * 13%).

At the same time, by contacting the inspectorate, Ilya can himself decide what amount and for what expenses to add to the deduction amount. For example, for life insurance he will request a deduction of 40,000 rubles, for pension insurance - 50,000 rubles, and for a driving school - 30,000 rubles.

Categories of citizens for return

Thus, the return of the funded part of the pension is possible for men born from 1953-1966, and women whose date of birth falls in the years from 1957-1966.

A cash fund for returning part of the pension was formed in the period from 2002-2004. It follows from this that the amount of money supply for each pensioner is small.

In addition, if an individual had deposits during his working life, he is entitled to the following additional payments:

1. Dividends received from investment activities. This includes amounts both in Russian rubles and in foreign currencies. Payments are made in state currency, taking into account the exchange rate on the day of accrual for issue.
2. Deposits registered in the name of an individual with pensioner status.
3. Payments transferred in the form of government assistance. This includes targeted assistance, as well as assistance allocated due to difficult financial situations.

To date, deductions from wages amount to 22% of the accrued amount. The funded portion represents 6% of the 22, with the remainder going to the social security fund.

Through the tax office

Subject to the deduction, Investitsyn must apply to the tax office next year after the expenses have been incurred, that is, at the end of the tax period. The following documents will be useful to the tax office, which can be submitted in person or by mail:

• Declaration in form 3-NDFL; • Certificate 2-NDFL; • Agreements with insurance organizations and non-state pension funds providing services; • Licenses of insurance organizations and non-state pension funds providing services; • Payment documents (checks, receipts, receipts, etc.); • Documents confirming relationship with the person in whose favor the taxpayer paid contributions (marriage certificate, birth certificate); • Application for a deduction; • Application for refund of overpaid tax.

After receiving the documents, the authorities will conduct a desk check of Ilya’s documents, which may take 3 months. When a decision is made to provide a deduction, the pre-submitted application for tax refund will be accepted automatically and within 30 days Investitsyn will be returned part of the personal income tax to the specified details.

Reasons for termination of pension payments

Termination of pension payments is regulated by Article 25 of the Federal Law “On Insurance Pensions” No. 400-FZ dated December 28, 2013. Below is a list of possible reasons why the right to a pension is lost and the timing of termination of pension payments.

In the event of the death of a pensioner, payment of the pension ceases on the 1st day of the month following the month in which the pensioner’s death occurred

When a pensioner is declared dead, payment of the pension is terminated in the manner established by the legislation of the Russian Federation - from the 1st day of the month following the month in which the court decision to declare him dead or to recognize him as missing came into legal force. The termination period for pension payment is determined based on the specified date.

If a pensioner refuses to receive an insurance pension, from the 1st day of the month following the month in which the territorial body of the Pension Fund of the Russian Federation received the corresponding application from the pensioner.

Upon expiration of 6 months from the date of suspension of payment of the insurance pension , from the 1st day of the month following the month in which the specified period expired if:

• the pensioner (his authorized representative) has not received a pension for six months in a row;
• the document issued to a foreign citizen or stateless person confirming the right to permanent residence in Russia has expired;
• the person receiving a survivor's insurance pension has reached the age of majority;
• a pensioner who left for permanent residence in another country did not submit documents confirming that he does not have the right to receive a pension in this country;
• a pensioner who left for permanent residence in another country with which Russia does not have an international treaty, and the citizen did not write an application for leaving the territory of the Russian Federation.

When assigning another pension, payment of a disability insurance pension stops on the 1st day of the month following the month in which the pensioner reached the age for appointment:

• old age insurance pension;
• social old age pension;
• from the date of establishment of early old-age pension

Other reasons for losing the right to a pension A pensioner loses the right to receive a pension from the 1st day of the month following the month in which:

• facts or documents have been discovered that refute the accuracy of the information presented in confirmation of the right to the specified pension;
• the period for recognizing a person as disabled has expired;
• a person receiving a survivor's pension has become able to work and has gone to work.

Through the employer

You can receive a deduction from your employer provided that the contributions from the taxpayer’s salary were transferred by the employer. In this case, there is no need to wait until the end of the tax period. You will need a package of documents from:

• Applications for deductions addressed to the employer; • Agreements concluded with insurance and non-state pension funds; • Licenses of the specified organizations; • Documents confirming relationship.

The papers are submitted to the accounting department, and starting from the current month, the declared deductions will be applied when calculating the employee’s tax base. And for an employer to become a tax agent, it is necessary to write an arbitrary application with a request to transfer contributions of a specified amount from the taxpayer’s salary with a certain frequency.

How to return the funded part of your pension

Pensioners can receive a refund of their pension savings quite quickly: to do this, they need to write an application by hand or fill out a form.

For the application to be considered valid, it must indicate the following details:

1. Passport data in full. To fill out the form, use any document that contains a personal identification number.
2. Place of registration and residence. This is necessary for further exchange of correspondence, as well as the ability to contact as soon as possible to confirm information.
3. Name of payment and methods of receipt. If a pensioner wants to receive money on a card, then the card details and the name of the bank are indicated.
4. The signature of the individual must be placed at the end. The document can be signed by an authorized person if these powers are confirmed by a notary.
5. In order for the application to be considered within the framework of the law, it is necessary to submit it to a specialist and request that the document be assigned an incoming number.

If the pensioner did not have time to formalize everything properly due to sudden death, his heirs have the right to receive money for him. The return of the funded part of the pension after death is regulated by law and is a normal procedure for entering into an inheritance.

In order to confirm the fact of acceptance of the inheritance, it is necessary to register a state-issued document, which indicates the full name of the heir and the rights to the share.

If there are several heirs, the amount of payments is divided in accordance with the percentage based on the will. You can receive the funded part of your pension only after the application has been approved by the social commission.

Return method

Receiving payments is conditionally divided into the following stages:

1. Obtaining information about the available amount to be returned.
2. Drawing up an application.
3. Approval of the application.
4. Receipt of funds within 10 days after receiving documentary confirmation of payment.