What income has the right founder
The participant of the limited liability company is entitled to receive part of the profit from its activities. This profit is paid by society in the form of dividends. The frequency and timing of dividend payment are stipulated in the LLC's Charter and internal documents of the company.
Along with participation in the LLC as the owner of corporate rights, the settlor (if an individual) may be an employee of the company occupying the position of Director or performing other duties. In this case, the income of the settlor include wages and salaries, bonuses and other similar payments.
In addition, the founder on his behalf may conclude with the society a civil contract. Here income will be the payment carried out, OOO according to this contract.
The income of the parent company and its taxation
Depending on who is a member of a limited liability company (a legal or natural person), the amount of income paid as dividends, taxable to income tax or the tax to incomes of physical persons. In respect of dividends paid to individuals, personal income tax rate is 9% (for non-residents - 15%). The same rate established for taxation of dividends income tax. In addition, the legislation determines the cases when the dividends on the income tax rate there is zero.
A tax agent when paying dividends to its founders is OOO. Thus to calculate the amount of tax there is a special formula. It is used for income tax, and in relation to personal income tax. Its structure consists of the following indicators:
- the ratio between the amount of dividends accrued to a specific founder, and the total amount of dividends accrued by the company;
- the applicable rate of income tax or personal income tax;
- the difference between the dividend accrued and received by the company.
To obtain the total amount of tax all these values are multiplied together.
The taxation of income paid to the founder (physical person) as wages and remuneration for civil contracts, are the standard personal income tax rate: 13% for Russian residents and 30% for nonresidents. In this case the tax agent will perform LLC.
If a founder is a legal person, it shall also have the right to conclude with the society a civil contract. Here, from the income paid to the settlor will be subject to income tax and VAT.