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Changing the rules for withholding income tax when paying salaries and making advance payments

Changing the rules for withholding income tax when paying salaries and making advance payments

LEGAL DIGEST, NEWS \ 13.09.2022

The President of the Russian Federation signed a Law changing the procedure for withholding income tax from the payment of salaries to employees.  

Starting from January 1st, 2023, the employer is obliged to withhold income tax not only when paying an employee a salary for a month, but also from the amount of the advance payment made. This is owing to the fact that the date of receipt of income will be recognized as the day of its payment, and not the last day of the month for which earnings were received, as now. Accordingly, the tax will be withheld not at the final settlement for the month, but at the payment of two parts of salary.

In addition, new income tax payment deadlines will be in effect from next year:

  • the last working day of the year is for tax withheld from December 23rd to December 31st;
  • January 28th – for tax withheld from January 1st to January 22nd;
  • not later than the 28th of the current month – for tax withheld from the 23rd of the previous month to the 22nd of the current month.

For more information about the terms of payment of the tax, see the table below:

The period in which income tax is calculated and withheld from payments to employees in 2023 The deadline for income tax payment is in 2023
From January 1st to January 22nd January 30th
From January 23rd to February 22nd February 28th
From February 23rd to March 22nd March 28th
From March 23rd to April 22nd April 28th
From April 23rd to May 22nd May 29th
From May 23rd to June 22nd June 28th
From June 23rd to July 22nd July 28th
From July 23rd to August 22nd August 28th
From August 23rd to September 22nd September 28th
From September 23rd to October 22nd October 30th
From October 23rd to November 22nd November 28th
From November 23rd to December 22nd December 28th
From December 23rd to December 31st December 29th

Also, according to the calculated tax, the employer will have to submit notifications to the territorial bodies of the Federal Tax Service Inspectorate for crediting the amount to a single account for a specific payment. The deadline for submitting the notification is the 25th day of each month. The obligation to submit notifications is associated with the establishment of a new tax payment procedure in the form of a single tax payment (STP).

The essence of the STP is that organizations deposit a certain amount of money to the account, which the tax authorities will be able to offset when making mandatory payments in a certain consequence, depending on the type of payment.

The application of the STP is a right, not an obligation. Therefore, legal entities and individual entrepreneurs can pay mandatory payments according to general rules. More details about the STP are reflected in the article on the website.

Also, the new edition of the Tax Code of the Russian Federation will include changes in income tax associated with the cancellation of the prohibition on tax agents to pay tax from their own funds. This means that it will be possible to transfer money to a single account to pay income tax before withholding tax.

In the matters of the application of tax legislation and the tax accounting, please contact Acsour specialists.