Tax deduction when concluding an insurance contract. Personal income tax deduction in the amount of insurance premiums under voluntary life insurance contracts

Taxation of personal income tax on voluntary life insurance

Often employers offer their employees a number of so-called social packages, which include all kinds of systems and forms of voluntary personal insurance, one of which is voluntary life insurance.

In this article, we will talk about the procedure for taxing personal income tax on insurance premiums under voluntary life insurance contracts.

The Law of the Russian Federation of November 27, 1992 No. 4015-1 "On the organization of insurance business in the Russian Federation" (hereinafter - RF Law No. 4015-1) defines the concept of insurance.

Insurance - relations to protect the interests of individuals and legal entities, the Russian Federation, constituent entities of the Russian Federation and municipalities in the event of certain insured events at the expense of funds formed by insurers from paid insurance premiums (insurance premiums), as well as at the expense of other funds of insurers (clause 1 article 2 of the Law of the Russian Federation No. 4015-1).

The purpose of organizing the insurance business is to ensure the protection of the property interests of individuals and legal entities, the Russian Federation, constituent entities of the Russian Federation and municipalities in the event of insured events (paragraph 1 of Article 3 of the Law of the Russian Federation No. 4015-1).

Insurance is carried out in the form of voluntary insurance and compulsory insurance (paragraph 2 of Article 3 of the Law of the Russian Federation No. 4015-1).

Voluntary insurance is carried out on the basis of an insurance contract and insurance rules that determine the general conditions and procedure for its implementation (paragraph 3 of Article 3 of the Law of the Russian Federation No. 4015-1).

Conclusion of an insurance contract

An insurance contract must be concluded in writing (Article 940 of the Civil Code of the Russian Federation). Failure to comply with the written form entails the invalidity of the insurance contract, with the exception of the compulsory state insurance contract.

An insurance contract can be concluded by drawing up one document (paragraph 2 of Article 434 of the Civil Code of the Russian Federation) or by the insurer delivering an insurance policy (certificate, certificate, receipt) signed by the insurer (paragraph 2 of Article 940 of the Civil Code of the Russian Federation) to the insurer on the basis of his written or oral application.

According to paragraph 1 of Article 957 of the Civil Code of the Russian Federation, an insurance contract, unless otherwise provided in it, enters into force at the time of payment of the insurance premium or its first installment.

On the basis of paragraph 7 of Article 4 of Law No. 4015-1, personal insurance includes the objects specified in paragraphs 1 - 3 of the named article. By virtue of paragraph 1 of Article 4 of Law No. 4015-1, objects of life insurance can be property interests related to the survival of citizens to a certain age or term or the occurrence of other events in the life of citizens, as well as their death (life insurance).

Thus, in relation to life insurance, a personal insurance contract is concluded.

Under a personal insurance contract, one party (the insurer) undertakes, for the contractual fee (insurance premium) paid by the other party (the policyholder), to pay a lump sum or pay the periodically agreed amount (insured amount) in case of harm to the life or health of the policyholder himself or another named in the contract of a citizen (insured person), reaching a certain age or the onset in his life of another event (insured event) provided for by the contract (article 934 of the Civil Code of the Russian Federation).

Determination of the tax base

The specifics of determining the tax base for personal income tax (hereinafter - personal income tax) under insurance contracts are established by Article 213 of the Tax Code of the Russian Federation (hereinafter - the Tax Code of the Russian Federation).

Income in the form of insurance payments received by the taxpayer from the insurer is taken into account when determining the tax base. The exception is insurance payments received in accordance with subparagraph 2 of paragraph 1 of Article 213 of the Tax Code of the Russian Federation under voluntary life insurance contracts (with the exception of voluntary pension insurance contracts concluded by individuals in their favor with insurance organizations, upon the occurrence of pension grounds in accordance with the legislation of the Russian Federation) in in the event of payments related to the survival of the insured person to a certain age or period, or in the event of another event. Moreover, payments under such agreements are exempt from taxation if, under the terms of the agreement, insurance premiums are paid:

- a taxpayer;

- and (or) his family members and (or) close relatives in accordance with the Family Code of the Russian Federation (spouses, parents and children, including adoptive parents and adopted children, grandfather, grandmother and grandchildren, full and incomplete (having a common father or mother ) brothers and sisters).

It should be borne in mind that these amounts are not subject to personal income tax if insurance payments do not exceed the amounts paid in insurance premiums, increased by the amount calculated by successively summing the products of the amounts of insurance premiums paid from the date of the conclusion of the insurance contract to the day of the end of each year the validity of such a voluntary life insurance contract (inclusive), and the average annual refinancing rate of the Central Bank of the Russian Federation (hereinafter - the Central Bank of the Russian Federation) in effect in the corresponding year. Otherwise, the difference between the indicated amounts is taken into account when determining the tax base and is subject to taxation at the source of payment (subparagraph 2 of paragraph 1 of article 213 of the Tax Code of the Russian Federation).

In order to determine the tax base, the average annual refinancing rate of the Central Bank of the Russian Federation is determined as the quotient of the sum obtained as a result of adding the values of the refinancing rates in effect on the 1st day of each calendar month of the year of the life insurance contract by the number of summed values of the refinancing rates of the Central Bank of the Russian Federation.

Thus, the amount of insurance payments related to the survival of the insured person to a certain age or period or related to the occurrence of another event, under a voluntary life insurance contract, are recognized as an object of taxation for personal income tax in the part exceeding the amount of insurance premiums paid from the date of conclusion of the contract, multiplied by the average annual the refinancing rate of the Central Bank of the Russian Federation for each year of this agreement.

In cases of early termination of voluntary life insurance contracts provided for in subparagraph 2 of paragraph 1 of Article 213 of the Tax Code of the Russian Federation (except for cases of early termination of voluntary life insurance contracts for reasons beyond the control of the parties), and return to individuals of the monetary (redemption) amount subject to In accordance with the insurance rules and the terms of these agreements, payment in case of early termination of such agreements, the income received minus the amount of insurance premiums paid by the taxpayer is taken into account when determining the tax base and is subject to taxation at the source of payment (paragraph 3, subparagraph 2 of paragraph 1 of Article 213 of the Tax Code of the Russian Federation). That is, in cases of early termination of the above voluntary life insurance contracts, the tax base is determined by the insurance company as the difference between the redemption amount received by the taxpayer in rubles and the amounts of insurance premiums actually paid by the taxpayer in rubles. The same conclusion is contained in the letter of the Ministry of Finance of Russia dated January 15, 2015 No. 03-04-06 / 391.

Please note that the letter of the Ministry of Finance of Russia dated January 23, 2013 No. 03-04-05 / 4-58 says that if the monetary (redemption) amount received by the taxpayer upon early termination of the voluntary life insurance contract is less than the amount of insurance premiums paid by the taxpayer, the tax base is zero and there are no grounds for paying personal income tax.

In the event of termination of a voluntary life insurance contract (except for cases of termination of voluntary insurance contracts for reasons beyond the control of the parties), when determining the tax base, the amounts of insurance premiums paid by an individual under this contract are taken into account, in respect of which he was provided with a social tax deduction specified in subparagraph 4 of paragraph 1 of Article 219 of the Tax Code of the Russian Federation. At the same time, when an insurance company pays cash (redemption) amounts to an individual under a voluntary life insurance contract, it is obliged to withhold the amount of tax calculated from the amount of income equal to the amount of insurance premiums paid by an individual under this contract for each calendar year in which the taxpayer had the right to receive a social tax deduction specified in subparagraph 4 of paragraph 1 of Article 219 of the Tax Code of the Russian Federation.

In other words, if a taxpayer used a social tax deduction in the amount of insurance premiums paid by him in the tax period under a voluntary life insurance agreement, then upon termination of such an agreement (except for termination of the agreement for reasons beyond the control of the parties), the amount of personal income tax attributable to this deduction and reimbursed to him, is subject to recovery and payment to the budget. In this case, the taxpayer himself does not need to pay anything. Insurance organizations will do it for him. In the situation under consideration, they are recognized as tax agents. Upon payment of cash (redemption) amounts under the agreement, these organizations will withhold the corresponding amount of personal income tax. They will calculate this amount from the amount of contributions that the taxpayer paid them under the contract for each calendar year in which he was entitled to receive a social deduction.

If the taxpayer provided a certificate issued by the tax authority at the place of residence of the taxpayer confirming that he did not receive a social tax deduction or confirming the fact that he received the amount of the provided social tax deduction specified in subparagraph 4 of paragraph 1 of Article 219 of the Tax Code of the Russian Federation, then the insurance organization accordingly does not withhold the amount of tax, or calculates the amount of tax subject to withholding. Note that the form of this certificate was approved by Order of the Federal Tax Service of Russia dated November 12, 2007 No. MM-3-04 / [email protected]"About the Help Form".

Note!

The Ministry of Finance of Russia in a letter dated February 27, 2015 No. 03-04-06 / 10145 from the above provisions made the following conclusion: if, on the date of payment of the redemption amount, the insurance company - the tax agent did not have the abovementioned certificate provided by the taxpayer, then it must withhold from the redemption amount the amount of tax calculated on income equal to the amount of insurance premiums paid by an individual under this agreement for each calendar year in which the taxpayer was entitled to receive this social tax deduction.

At the same time, Article 213 of the Tax Code of the Russian Federation does not provide for a delay in the payment of the redemption amount by the insurance organization to the taxpayer or refusal to pay it if the taxpayer fails to provide the specified certificate.

According to paragraph 3 of Article 213 of the Tax Code of the Russian Federation, when determining the tax base, the amounts of insurance premiums are taken into account, if the indicated amounts are paid for individuals from the funds of employers or from the funds of organizations or individual entrepreneurs who are not employers in relation to those individuals for whom they pay insurance premiums, except for cases when individuals are insured under compulsory insurance contracts, voluntary personal insurance contracts or voluntary pension insurance contracts.

At the same time, on the basis of paragraph 1 of Article 213 of the Tax Code of the Russian Federation, insurance payments made by an insurance organization to an individual under such contracts are subject to personal income tax. This procedure came into effect on January 1, 2008.

Until January 1, 2008, the tax base for personal income tax included the amount of insurance contributions under voluntary pension insurance agreements for employees, if the indicated amounts were paid for individuals from employers' funds. At the same time, insurance payments from an insurance company to an insured employee at the end of the term of such an agreement were not taken into account in the personal income tax base (paragraphs 1, 3 of Article 213 of the Tax Code of the Russian Federation, as amended, in effect until January 1, 2008).

To regulate the taxation procedure for personal income tax of insurance payments (contributions and payments) under voluntary long-term life insurance contracts concluded before January 1, 2008, transitional provisions were introduced.

So, paragraph 1 of Article 3.1 of the Federal Law of July 24, 2007 No. 216-FZ "On Amendments to Part Two of the Tax Code of the Russian Federation and Some Other Legislative Acts of the Russian Federation" it was established that if insurance premiums under such contracts were in full paid for individuals from employers' funds before January 1, 2008, then the previous taxation procedure applies. However, this provision did not cover those contracts that were concluded before January 1, 2008 and insurance premiums for which were paid (or are being paid) after that date. This led to the fact that payments made by insurance organizations after January 1, 2008, on the basis of article 213 of the Tax Code of the Russian Federation, are included in the personal income tax base, while part of the insurance premiums paid by the employer before this date was also subject to personal income tax. However, the actually insured person receives income only once - in the form of insurance payments.

In the decree of July 16, 2012 No. 18-P "In the case of checking the constitutionality of part 1 of Article 3.1 of the Federal Law of July 24, 2007 No. 216-FZ" On Amending Part Two of the Tax Code of the Russian Federation and some other legislative acts of the Russian Federation "in connection with the request of the Yuzhno-Sakhalin City Court of the Sakhalin Region" (hereinafter - Resolution No. 18-P), the Constitutional Court of the Russian Federation indicated that in this case the constitutional principles of equality, as well as the proportionality of taxation, were violated. Persons in whose interests voluntary long-term life insurance contracts were concluded before January 1, 2008 and insurance premiums have been paid in full before that date, as well as persons insured after January 1, 2008, find themselves in a better position than persons in whose interests such contracts signed before January 1, 2008, but insurance premiums before the specified date were not paid by employers in full.

Thus, paragraph 1 of Article 3.1 of the Federal Law of July 24, 2007 No. 216-FZ "On Amendments to Part Two of the Tax Code of the Russian Federation and Certain Other Legislative Acts of the Russian Federation" (hereinafter - Law No. 216-FZ), as establishing on the transitional period, the procedure for calculating and paying personal income tax under voluntary long-term life insurance contracts concluded before January 1, 2008 in favor of insured persons by their employers does not comply with the Constitution of the Russian Federation, its Articles 19 (parts 1 and 2) and 57, insofar as what it allows for the possibility of including in the tax base the amounts of insurance payments under these agreements, providing for the payment of insurance premiums by the employer both before January 1, 2008, and after this date.

Until the relevant amendments are made to clause 1 of Article 3.1 of Law No. 216-FZ for all voluntary long-term life insurance contracts concluded before January 1, 2008, the previous procedure for taxation of insurance premiums and insurance payments should be in force: insurance premiums transferred from employers' funds to insurance companies in the interests of insured individuals are subject to personal income tax regardless of the term of their payment, and insurance payments in favor of insured individuals are exempt from taxation. The provisions of Article 213 of the Tax Code of the Russian Federation in the current edition, according to which personal income tax is not taxed on insurance premiums, but on insurance payments, are to be applied when determining the tax base only for those voluntary long-term life insurance contracts concluded after January 1, 2008 (Resolution No. 18- P).

Receiving social tax deduction

According to subparagraph 4 of paragraph 1 of Article 219 of the Tax Code of the Russian Federation, when determining the size of the tax base for personal income tax, a taxpayer has the right to receive a social tax deduction, in particular, in the amount of insurance premiums paid by him in the tax period under a voluntary life insurance contract (contracts), if such contracts are concluded for a period of at least five years. This (s) contract (s) may (may) be ( including adopted children under guardianship (guardianship) .The specified deduction is provided in the amount of actually incurred expenses, but not more than 120,000 rubles in the tax period (paragraph 2 of Article 219 of the Tax Code of the Russian Federation).

If a taxpayer has, in one tax period, expenses for training, medical services, expenses under the contract (contracts) of non-state pension provision, under the contract (contracts) of voluntary pension insurance, under the contract (contracts) of voluntary life insurance (if such contracts are concluded for a period at least five years) and on the payment of additional insurance contributions for the funded part of the labor pension in accordance with the Federal Law of April 30, 2008 No. 56-FZ "On additional insurance contributions for the funded portion of the labor pension and state support for the formation of pension savings" by the taxpayer independently, including when contacting a tax agent, chooses which types of expenses and in what amounts are taken into account within the maximum amount of social tax deduction (120,000 rubles).

Social tax deduction is provided upon submission of a tax return to the tax authority by the taxpayer at the end of the tax period. Note that this deduction can also be provided to the taxpayer before the end of the tax period when he contacts the employer, provided that the taxpayer's expenses are documented in accordance with subparagraph 4 of paragraph 1 of Article 219 of the Tax Code of the Russian Federation and provided that contributions under a voluntary life insurance contract (if such contracts are concluded for a period of at least five years) were withheld from payments in favor of the taxpayer and were transferred to insurance organizations by the employer.

Most of the readers of our magazine know what a tax deduction is. The most popular are property (for the purchase of residential real estate), for interest on a mortgage, for treatment and education. But there is another option, still little known, - a refund of income tax for accumulative life insurance. Despite its low popularity, such a deduction is very beneficial. According to experts, in the coming years it will gain wide popularity.

What is Endowment Life Insurance?

Endowment life insurance is fundamentally different from risk insurance. In the latter case, you define the insurance period, the purpose and pay a certain premium.

For example, a contract for 100 thousand rubles (compensation in case of injury, death, disability), for a period of one year, insurance premium (your payment) - 1800 rubles.

If within a year everything is in order with you, then the insurance contract is closed, and the premiums that you gave to the company remain with the insurers.

With endowment insurance, you also define the term, purpose and pay the premium. Only in this case, if nothing happened to you during the term of the contract, the money will be returned to you. And if a tragedy occurs, your family will receive compensation, as with risk insurance. In fact, these are savings, which is why such insurance is called accumulative or investment insurance.

According to experts' forecasts, the market for such insurance will grow by 8-10% by the end of the year. This is because this method of accumulation and self-protection has significant advantages.

Financial and legal benefits of endowment insurance

In addition to the fact that you can get back the money spent, you also get profit. During the term of the contract, the insurance company will use your money. For this you are entitled to a bonus - the so-called investment income. That is, you will receive a certain percentage, as happens, for example, when you open a savings deposit in a bank. The interest can be fixed (like in a bank), or it can be floating.

Of course, the fixed interest on endowment insurance itself is less than in banks, but remember that you also insure your life. That is, in case of trouble and loss of the breadwinner or loss of his legal capacity, your family will not be left without a livelihood. Basically, you get a triple benefit. You do not risk your contribution, it will be returned to you, you receive additional investment income and insure against tragedy.

There is one more plus - the money invested in the savings policy cannot be arrested by bailiffs and cannot be divided in case of divorce! But that's not all! The main thing is that for the accumulative policy, the return of personal income tax is also laid!

Refund of personal income tax

Like any other personal income tax refund, people who are officially employed are entitled to a refund of income tax for accumulative life insurance, that is, who receive a salary from which the employer makes tax deductions. These taxes can be returned, but not to the employer, but to your own pocket. To do this, you need to contact the tax office at your place of residence and submit a certain set of documents:

"Pitfalls" of the accumulative life insurance policy

To receive a refund of personal income tax, an insurance contract must be concluded for a period of at least five years. This is provided for by the current Russian legislation. This fact should not be considered a disadvantage, because for five years you will be able to consistently receive a personal income tax refund.
If you terminate the contract early, this will entail financial losses. It is important to understand that the benefits that a funded insurance policy has for a reason. Investment income, personal income tax refund, life insurance - all this is provided by insurance companies and the state budget (personal income tax is returned from it) in exchange for giving them your money for a long period (at least 5 years). This is due to the need of the economy for "long" money, which allows investment in long-term projects. The moment you terminate the endowment life insurance contract ahead of schedule, the entire model of long-term investments disintegrates, for the sake of which the state agreed to return personal income tax to citizens when choosing this type of savings. That is why in case of early termination of the insurance contract, you will lose a large (or significant) part of the premiums. The sooner you terminate the contract, the greater the losses will be, therefore, when concluding an endowment insurance contract, be patient and be sure to “go to the end”.
An accumulation insurance policy does not have state insurance, as, for example, bank deposits. At the same time, the largest insurance companies are controlled by the largest state banks. For example, IC VTB Insurance LLC or Sberbank Insurance LLC Insurance Company. For complete peace of mind, you can contact these companies.
An insignificant part of your insurance premiums will be debited irrevocably. Namely, a small portion of the customer's payment remains with the insurance company to cover the risk (and payout) of the customer's possible death. This in no way negates the investment attractiveness of this instrument, but this should be taken into account when calculating future savings and dividends.

Most people insure their own lives and the lives of their relatives and, at the same time, do not know about the existence of a social tax deduction for voluntary life insurance. This deduction began to operate from 01.01.2015, and individuals had the opportunity to return part of the funds back to themselves. However, not everyone has such an opportunity. The deduction can be used by tax residents of the Russian Federation, from whose income personal income tax was calculated at a rate of 13% (except for dividends and lottery winnings). You can read more about tax residents here.

Conditions for obtaining a tax deduction for life insurance

The voluntary insurance contract has been concluded for at least 5 years.
Contributions under the agreement are transferred from own funds.
The contract is concluded for insurance of one's own life, the life of the spouse, spouse (including widow, widower), parents (adoptive parents) and children (including adopted children).
The contract was concluded with an insurance company that has a license.
Essential conditions must be included in the contract: information about the insured person, the amount of the insured amount, information about the nature of the insured event and the duration of the contract. (Clause 2, Article 942 of the Civil Code of the Russian Federation).

Life insurance tax deduction amount

After studying the conditions for obtaining a deduction, let's move on to the question of how much money can be returned.

The refundable part from the funds you have transferred will be 13%, but not more than 15 600 rubles. (120,000 * 13%). Taking into account the fact that tax was calculated and transferred to the budget of the Russian Federation from your income, in addition to dividends and winnings. Only in one case, the tax may not be transferred: if the 3-NDFL declaration is filed before April 30 and it indicates income (not wages) and expenses for the declared year, and the tax will be paid or refunded from the difference.

Let's return to the maximum deduction limit, which is 120,000 rubles. and also includes the costs of training, treatment, etc., named in paragraph 2 of Art. 219. The costs of educating children and expensive medical treatment are calculated and reimbursed separately from life insurance (clause 1 of article 219 of the Tax Code of the Russian Federation).

Example of calculating the tax deduction for life insurance

Your salary for 2017 was 360,000 rubles, training costs - 90,000 rubles, life insurance costs - 32,000 rubles. Total expenses for the year are 122,000 rubles, but only 120,000 rubles can be included in the deduction, and 2,000 rubles. it will not be possible to take into account. You can return 15 600 rubles.

Personal Accident Insurance Tax Deduction

Perhaps the question remained: “If I also have accident insurance in my insurance contract, will I be able to get a deduction? Answer: yes, you can, but only in terms of paying for life insurance, since expenses for payment of insurance against accidents in clause 1 of article 219 are not indicated. "

I would like to note another interesting point. The Tax Code of the Russian Federation does not make the receipt of a social deduction in respect of paid insurance contributions dependent on the fact of further termination of the contract. Thus, an individual who has paid insurance premiums is entitled to this deduction.

Comprehensive mortgage insurance tax deduction

We also draw your attention to the fact that contributions under a comprehensive mortgage insurance agreement, which includes property insurance and the risk of death of the borrower, cannot be counted for deduction, if the beneficiary is not only the borrower (his close relatives), but also the creditor bank (Letter of the Ministry of Finance of the Russian Federation dated December 14, 2016 No. 03-04-07 / 74700).

How to get your life insurance tax deduction

It is possible to receive a deduction from the employer if insurance premiums were withheld from your salary and transferred to the insurance company through the organization's current account. Before the contributions began to be transferred, of course, you wrote a statement to the employer with a request to withhold contributions from wages and transfer them to the insurance company. It remains only to write an application for the provision of a social deduction for voluntary life insurance and bring a contract with an insurance company, the employer has payment documents confirming the transfer of contributions.
Get a deduction from the tax office at the place of registration. To do this, you must fill out a 3-NDFL declaration; prepare copies of documents confirming the deduction: insurance contract (insurance policy), payment documents; get a 2-NDFL certificate from the place of work. If the declaration calculates personal income tax to be refunded, or only life insurance costs are indicated, then we immediately write an application for a tax refund to the Federal Tax Service Inspectorate and submit it along with copies of documents. We take originals with copies of documents, tax inspectors always check originals with copies. We are waiting for the results of a desk audit (no more than 90 days) and receive a refund.

Russian law provides for a refund of life insurance tax, which was collected from the taxpayer. A prerequisite for this is the fulfillment of all tax obligations. To get a part of the taxes paid, you need to understand in what cases and under what conditions a refund is made. Knowing this, you will be able to legally competently answer the question: "How to get income taxes back on life insurance?"

Who is eligible for a tax deduction?

Citizens of the Russian Federation have the right to a refund of income tax for life insurance if they have an insurance contract and if the following conditions are met:

the contract can be concluded for at least 5 years. You can issue it at Sberbank or Rosgosstrakh;
life must be insured;
the beneficiaries according to the agreement must be the borrower, his child, wife (husband) or parents;
a citizen who insured his life worked last year and contributed income tax to the country's budget.

Family members who have a mortgage are also entitled to insure themselves and apply for a tax deduction. In this case, it is advisable to indicate the beneficiaries either children or parents.

Compliance with the required requirements for a life insurance tax refund is not enough, you must provide the entire list of documents (given below) and go through a bureaucratic procedure.

You can apply for compensation only after the insurance contract has been paid.

The procedure includes:

Collection of all documents. At this stage, no difficulties arise, since almost all documents are already on hand.
Filling by the taxpayer in the State Tax Inspectorate of the tax declaration form 3-NDFL and writing an application on behalf of the taxpayer for a tax refund. It is quite difficult to fill out this tax return on your own without errors, so it is better to do it at the tax office, where there are samples of correct filling. In addition, if necessary, employees can advise on how to fill out the declaration correctly. You can familiarize yourself with the form in advance on the official website of the Federal Tax Service.
Submission of completed forms to tax authorities. You can provide them both in person and by mail. When filing in person, you can ask the tax inspector if everything is filled in correctly and if you find any errors, you can immediately fix everything.
Receiving a notification in writing from the State Tax Inspectorate indicating the result of the consideration. The tax authorities must provide the answer within one month. If the answer is yes, the money is transferred to the bank account of the policyholder within a month.

When registering a tax deduction, policyholders often make mistakes when filling out the documentation, submit an incomplete set of documents. Take this procedure as carefully as possible.

Substance of the deduction

Thanks to the tax refund, the initial financial burden is reduced. There are strict restrictions in the legislation in force.

Individuals who have spent funds can claim a tax refund:

for the purchase of real estate;
for therapy;
for health or life insurance;
for education;
for the implementation of charitable projects.

According to the law, the amount spent on life insurance is provided as a tax deduction.

There are 3 types of insurance:

Insurance when applying for a consumer loan or car loan. In the event of the death of the borrower, the loan is returned by the insurance company.
Accident insurance.
Accumulative insurance. This type is similar to retirement plans where compensation is paid to retirees.

Refunds are made through the tax office, provided that the procedure is carried out in accordance with existing requirements. The billing period is usually one year (from January 1 to December 31).

Refund amount

The total tax reimbursement depends on the life insurance costs and the income tax paid by the employer, but must not exceed 13% of the sum insured. However, a citizen cannot receive more than 120 thousand rubles for the return of personal income tax from life insurance.

Calculation example: 120,000 - 13% = 15 600 rubles. It turns out that the maximum citizens of the Russian Federation can return 15,600 rubles a year for insurance.

When deciding on a tax refund, data starting from 2015 are taken into account, the date of the conclusion of the contract does not matter. Until that time, the legislation did not give citizens the right to receive compensation.

When using the deduction, a citizen of the Russian Federation must use the policy in the future. If this requirement is not met, a reverse calculation will be carried out, unless the contract is terminated for reasons that could not be influenced in any way by the will and desire of the parties. It turns out that in order to return the tax for life insurance, it is necessary to comply with the initial conditions and to renew the contract in a timely manner.

What documents are required for a refund?

To obtain preferential taxation or use a tax deduction, you will need:

Certificate 2-NDFL, which indicates the source of income, salary and withholding taxes. It can be obtained from the finance department of the employing company.
Declaration 3-NDFL.
A copy of the agreement concluded between the taxpayer and the insurance company. It should be borne in mind that the contract must be drawn up in accordance with the above requirements.
A copy of the insurance company license. This document is required in the absence of license details in the insurance contract.
Copy of receipts confirming payment of insurance premiums.
Deduction statement.

If the subject of the contract with the insurance company is the life insurance of one of the relatives, copies of documents certifying the degree of relationship will be additionally required.

Types of insurance against industrial accidents

Insurance against accidents in the performance of official duties is divided into 2 types:

mandatory;
voluntary.

The legislation of the Russian Federation provides for compulsory insurance of the military, law enforcement officers and emergency rescue services, and judicial workers. In the event of an insured event specified in the terms of a binding contract, the money is paid from the FSS of the Russian Federation.

Voluntary insurance gives the policyholder the right to choose the amount and term for which the contract will be concluded. It is drawn up on the basis of an application by the policyholder.

The payment can be either one-time or monthly. Tariffs are determined in accordance with the legislative acts of the Russian Federation and depend on the category code of the insured person and the region of coverage. Provides compulsory insurance to reimburse the cost of restoring health, without leaving the victim without a livelihood.

You can get a tax deduction if you have concluded a personal life insurance contract for a period of more than 5 years. Item 2, Art. 219 of the Tax Code of the Russian Federation indicates that the social tax deduction is provided precisely under such agreements. This means that if a different agreement was signed, then it will not be possible to return the personal income tax. In this way, tax refunds are carried out only under personal insurance contracts rather than complex ones.

There is one more nuance. Often, when registering a mortgage, the beneficiary will be indicated by the bank. This is quite logical, since insurance is issued in order to minimize its risks. But the deduction is provided only if payments are made to the insured or his spouses, children or parents. The bank, however, may not agree to such conditions. Then there will be no talk of a tax refund.

Be sure to check all the insurance conditions with a specific bank.

Can I get personal income tax?

Tax deduction is provided if a number of conditions are met:

it is necessary to conclude a separate voluntary life insurance contract;
the term of the agreement is more than 5 years;
the beneficiary is the spouse, parent or child.

Only if all these requirements are fulfilled, it is possible to apply for a refund of personal income tax.

You need to pay attention to the requirements of the credit institution regarding the types of insurance... Sometimes several are required. Then you can use a comprehensive insurance contract. This option is cheaper for the borrower, and safer for the bank. But you will no longer have to count on a refund of the tax paid.

When concluding an insurance contract, you must first calculate what will be more profitable: spend less, but not refund tax, or overpay, but take advantage of the deduction.

You also need to remember this moment. The voluntary life insurance contract may include insurance against diseases and accidents.... Then it will be necessary to split the costs so that it is possible to determine the costs of life insurance specifically. In this case, you can request a certificate from the insurance organization, where the costs will be listed by type.

In addition, you must be officially registered at the workplace or have a certificate of registration as an individual entrepreneur. The tax office must obtain documentary evidence of income and personal income tax payment. The proof will be a certificate from the company or the tax declaration and statements of the individual entrepreneur.

How much can be returned from insurance and what does it depend on?

The Tax Code of the Russian Federation (paragraph 7, clause 2, article 219) states that the deduction is determined by the amount of expenses incurred... You can return 13% of it. The maximum deduction amount is 120 thousand rubles. Then the amount of compensation will be 120 * 13% = 15.6 thousand rubles. But there may be no more than the amount that was paid in the form of personal income tax.

Example. Fedorov A.V. concluded a life insurance contract for 5 years and paid 90 thousand rubles in 2017. as contributions. His salary in 2017 was 336 thousand rubles, and the amount of tax paid is 42 thousand rubles. Therefore, the amount to be deducted will be: 90 * 13% = 11.7 thousand rubles. It will be compensated because does not exceed the tax paid for the year.

If the amount of expenses on insurance premiums for the year exceeds the limit specified in the Tax Code, then it is necessary to indicate exactly 120 thousand rubles in the application.

For instance, citizen Orlov I.The. concluded a voluntary life insurance contract for a period of 7 years. For 2017 goals, his expenses under this contract amounted to 180 thousand rubles. Income at the main place of work for the same year amounted to 624 thousand rubles. 81 thousand rubles were withheld from him as personal income tax. However, taking into account the requirements of the Tax Code of the Russian Federation, he must declare 120 thousand rubles. and the amount to be returned will be RUB 15.6 thousand.

You also need to know that a social deduction in the amount of 120 thousand rubles. implies not only insurance costs, but also other types: treatment, purchase of medicines, training, etc.

Example. N. V. Kaledina under a life insurance contract for the year paid premiums in the amount of 80 thousand rubles. In the same period, she paid for her education in the amount of 60 thousand rubles. Her salary for the year was 500 thousand rubles, from which the tax was transferred in the amount of 65 thousand rubles.

Total expenses for insurance and education amounted to 80 + 60 = 140 thousand rubles. But, taking into account the legislative limitation, she can declare only 120 thousand rubles for deduction. and 15.6 thousand rubles will be returned to her.

Due to the fact that the possibility of obtaining a tax deduction under a life insurance contract became possible only in 2015, the question arises: what if the contract was concluded earlier? Everything is simple here: if all the necessary conditions are met, then you can use the right to reimbursement of personal income tax in terms of expenses incurred from January 1, 2015.

What documents are required?

In order to return the tax paid, you will need such:

Income declarations must be submitted for the period for which the tax will be returned... In 2018, 3-NDFL for 2017 is filed. If not the entire amount has been reimbursed, then in 2019 you must submit the same documents and a declaration for 2018. And so on until the entire amount due is compensated.

In the application, you must indicate the exact bank details to which the tax service will transfer funds.

You can prove the fact of payment under an insurance contract using checks and receipts when paying in cash or a payment order with a bank mark on execution, if the payment was made by non-cash method.

When can you serve?

It is not at all necessary to immediately submit documents to the tax office... There is a limitation period. For social deduction, it is 3 years. This means that in 2018 it is possible to apply for a tax refund on expenses incurred both in 2017 and in 2015 and 2016. However, it is necessary that over the years the person has an official income from which personal income tax was withheld.

Step-by-step procedure how to return

You can apply for documents through the tax office in person or through an employer. In the first case, the algorithm of actions will be as follows:

You can apply for a deduction only after the end of the calendar year. Despite the fact that the deadline for filing 3-NDFL with the IFTS is April 30, this does not apply to deductions: you can bring documents at any time of the year.

In total, it will take from 1 to 5 months from submission of documents to receipt of money.

In the event of a tax refund through an employer, you must proceed in this way:

In this case, the term for receiving the deduction will depend on the amount of wages. Only the amount of tax in this period will be refunded per month.

As for costs, they can only arise when sending documents by mail. It will cost about 200 rubles.

So, it is not so difficult to recover part of the income tax from insurance expenses... It is necessary to carefully study the conditions of insurance at the bank and correctly draw up the documents for the tax deduction. As a result, you can get a pretty decent amount and compensate for some of the costs.

If you find an error, please select a piece of text and press Ctrl + Enter.