it May happen that from benefits from Fund of social worker will have to pay tax. This will happen if the cost exceeds the year 380 – experts.
Funding for employers of social benefits for employees can be accessed from the social Fund (the social Fund) or from working capital. According to experts, depending on certain form causes the tax burden for both employers and employees.
Provided that the duty for formation of the social Fund apply to employers who are hiring in terms of full-time less than 50 workers (or 20 in the case where an application for the establishment of the social Fund will give the factory organization). About the terms of use and direction of funds received from the social Fund decided by the employer in the regulations agreed with the trade Union factory organisations.
however, in this respect, full of permissibility. Funds collected in the Fund will go to Finance social activities organized in favour of the persons entitled to the use of the social Fund, financing social facilities and the establishment of the factory kindergartens, children’s clubs, kindergartens and other forms of preschool education.
the Beneficiaries of the social Fund can also be families of employees and pensioners together with their families, who are former employees. The employer may also be recognized in the rules of the social Fund the right to use the social benefits financed from the social Fund to persons working services on the basis of civil law contracts. The provision of preferential services and benefits, as well as the amount of subsidies from the Fund of social depends on the circumstances, family and material of the person entitled to the social Fund.
a specialist in the field of labor law Martin Frąckowiak notes that in the period of carnival on the popularity of various activities for employees, as well as activities for children such as carnival balls. The employer also has to arrange the departure of employees ‘ children during the winter holidays or to invest (in full or in part) the tour was organized by another entity, for example, the tourist office. The social activities of the employer may also rely on the provision of employees benefits, material. A particularly popular form of social security benefits in period of holidays and vacations, namely, the receiving of parcels to the children of employees.
Experts point out that, in accordance with the law on personal income tax providing for property financed from the social Fund are free from income tax for the employee in the amount of 380 rubles in the corresponding financial year. The provision it must be fully funded by the employer out of funds of the social Fund and to stay connected with social activities.
- due to the fact that social benefits exceed this limit will be taxed, some employees might want to give them up and to avoid paying higher tax. An example would be a situation in which the employee received during the year to provide prizes in the amount of the limit, while he also has a carnival package. Gets the value of both allowances in excess of the amount exempt from tax, so getting parcels unnoticed, so too the appearance on the side of the employee tax liabilities – draws the attention of Nicholas Hewelt, specializing in tax law.
Every employer may also Finance the social benefits from working capital. Is not thus limited their range – can freely choose the target, which will allocate funds. The services provided by the employer, shall not have the nature of activities, cultural, sports and recreation to accept a certain form of recreation. The employer should not be made conditional on the provision of social payments from life situations, family and material employee.
- social Benefits are funded from current assets constitute the basis of the amount of social insurance contributions, says Frąckowiak. He adds that the law on personal income tax provides for exemption in respect of certain social benefits, financed from the funds produced are not from the social Fund. This, among other things, allowances for vacation in the form of rest camps and winter (including related science), staying at sanatorium treatment, institutions medical and health institutions, rehabilitation training and medical care and travel related to vacation and stay in treatment.
When these additional payments are funded by, produced not from the Fund of social benefits, the law imposes a limit of 760 rubles. during the tax year. If the specified consumption is not specified in the directory specified in the law, it is the employee’s income and taxed on General grounds.
- Form of financing of social payments from the working capital of the employer leaves him great freedom in the choice of forms of remuneration, its amount and recipient. However, this is due to the higher loadings publicznoprawnymi obligatory Scorpions of this type of benefits for the basis of the amount of insurance premiums and wide range of exemption from income tax from individuals – said Hewelt.
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