If a subject on the territory of Russia has received income, therefore, he is obliged to pay tax on this income. Depending on the type of profit received, the rate varies, but the most common option is 13%. What is subject to taxation and at what rates is prescribed in the Tax Code of the Russian Federation, but the fact that any winnings are recognized as a citizen’s income is an indisputable fact. Therefore, if a person wins a car, then he is required to pay tax. The rate can vary from 13 to 35%. It all depends on the type of winning and the lottery. And further, just about this.
How can you manage your winnings?
If a person received a car as a win, then he both owns and disposes of it. These functions are provided for by law.
According to regulations, the recipient of the prize can:
- register this car as property;
- use it for your own purposes;
- dispose of the object as he wishes. That is, the owner of a vehicle can transfer its ownership to other persons either by gift, inheritance, or sell it under a sales contract.
During the registration process, a completely logical question arises: if a person does not intend to use the vehicle in any way, but immediately wants to donate it, does he need to pay tax?
Yes, definitely. Regardless of what happens next with the car, you need to pay into the budget. At the same time, if the gifted person is still a minor, then you will additionally have to pay a state fee for registration services. Conclusion: the winner will have to pay the tax when registering the vehicle as a property in any situation.
But there is good news: if the winner does not have the means to pay the tax or he has no desire to keep the vehicle, then he can immediately sell such an object. You can immediately pay the accrued liabilities with the proceeds and keep the difference for yourself. And if we're being honest, that's exactly what most winners do.
How and when is tax paid?
The lottery winner has two types of obligations immediately after accepting the prize:
- This is to fill out a declaration in form 3-NDFL, which will need to be submitted to the tax office. The document is submitted at the place of registration.
- pay the accrued tax based on the 3-NDFL declaration.
The time frame for these two requirements is not the same: the subject must pay the tax by July 15 of the year following the one in which such winnings were received. But you can submit a completed declaration until April of the year following the reporting period.
Filing a declaration is available in several variations:
- through the taxpayer’s personal account on the official website of the Federal Tax Service;
- by mail;
- by email;
- personally visiting the inspection. The document can also be submitted through a legal representative if there is a power of attorney certified by a notary.
Regarding the regulations, there are two design options: the company conducting the drawing can provide the car in kind, and also issue a sum of money equivalent to the car. If the second option is used, then such a company acts as a tax agent and independently withholds the calculated tax from the winnings. When providing a car, the organization only transmits information about the taxpayer and the estimated value of the donated object.
Winning a Car
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May 12, 2021 klasterlaw 66
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How to calculate tax on winnings received in the form of a car
When the winnings are provided to the winner in cash, then the recipient can immediately pay the tax and cease to be indebted to the budget. But it can be different: victory is expressed in the provision of a certain object, incl. and vehicle. And then the problem arises: where to get the money to pay the tax? After all, not all citizens have the specified amount.
And here it is important: the organization itself that conducts the drawing is obliged to warn the winner about the need to pay tax. If she doesn't do this, she's breaking the law. And theoretically, you could be fined. In practice, no one monitors this, and all obligations arise only from the taxpayer.
There are two types of interest rates:
- 13% - if the winnings are received as part of a regular lottery or a draw that is not of an advertising nature;
- 35% is the winnings received as a result of the advertising campaign of a particular advertiser.
Many winners hope that they can avoid the tax and no one will know about it. But here is a controversial point: the company is obliged to transfer all data about the winner to the tax office. And she, in turn, will carry out calculations and calculate taxes. Of course, if the lottery amount is small, then no one will pursue the subject. But if we are talking about a car, then you won’t be able to escape payment.
Features of using different bets when winning
The main option is 13%, which is paid by the winner. But lotteries are different, and therefore a rate of 35% may be applied.
The list of lotteries that fall under the specified 35% includes:
- lotteries, the purpose of which is to encourage the client to pay attention to a specific product or service;
- promotions carried out on behalf of the manufacturer of a specific type of product in order to expand the consumer segment.
There are many examples of such actions. For example, if you buy a specific product in a store, you can take part in a drawing from the manufacturer. Thus, this will encourage the customer to buy a particular product and will also collectively increase the sales of the company. The second option, which is popular right now, is to repost a specific post on social networks and take part in the drawing. There are many variations, but the essence is the same – stimulating and motivating. In other words, the participant in the drawing does not pay anything to win. Yes, theoretically, he spends money on buying goods, but not on a ticket.
If a person spent his money on buying a lottery ticket, then he will pay at a rate of 13%. An exception to the rules is the purchase of a ticket by a non-resident. In any case, he is obliged to pay 30%.
Win a car
The main prize is a charged electric car! In order to take part in the promotion: Buy 2 cans of Adrenaline RUSH in the Magnit retail chain; Register a check on the website adrenaline-promomagnit.ru; Take part in the weekly prize draw. Your prizes: The main prize is a charged electric car; Weekly prizes: Smart watches; Wireless headphones; Smart speaker; Adrenaline RUSH hoodie.
Buy medicines and win! In order to take part in the promotion: You must make a purchase in the amount of 1,500 rubles or more in one receipt; Receive a coupon at the checkout and keep the cash receipt and coupon until the end of the promotion; Monitor the results of the promotion daily in our pharmacies, websites and social networks. Territory of the Promotion [. ]
- Lottery receipts in stores. For example, for the fact that a person has made a purchase over a certain amount, he is given the right to take part in the drawing. This pushes people both to simply complete the transaction and to increase their one-time purchase.
- Winning phone number. Mobile phone providers may use a random contact method.
- Random selection in the form of voting. Such options today are most often carried out on social networks. To do this, you need to take some action, for example, repost a post or write a comment on it. Next, a special program will select a number of winners from all participants. Of course, such giveaways rarely include expensive items, but this is also possible.
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The bottom line, one way or another, comes down to the fact that in case of defeat the participant does not lose anything. But regular raffle tickets cost money. Although in most cases they are small, but real, which he pays without guarantees and without receiving anything in return.
Is it possible to reduce the liability?
No. If the company that conducted the draw did not inflate the estimated value of the property, then there are no options to reduce the rate or receive a benefit. But if you think that the cost of the car is really too high, then you have the right to involve an independent expert in the assessment. Of course, here you initially need to understand the cost of overestimation. If it is several thousand rubles, then there is no need to do this. Don't forget about the additional costs of appraisal. But if there is a difference between the market price and the estimated value, you must first at least inform the company of your desire, and then, if the price has not been revised, involve an expert.
Double taxation when selling a car
A common situation: a person received a car that he decided to sell. Even before the sale, he had an obligation to pay tax on the prize, but after the sale he will also have an obligation to pay tax on the income received. Citizens are indignant and believe that this is wrong.
But, unfortunately, this is how the law works. The Federal Tax Service clarified this issue and explained that the subject has completely different sources of income, therefore he pays tax twice.
True, there is good news: when selling a car that has been owned by the owner for less than 3 years, the subject has the opportunity to apply a deduction of 250,000 rubles.
To make it clear, consider an example: citizen V. won a car as a result of a promotion. The estimated cost of such a machine was 500,000 rubles. To pay the tax and receive money, it was decided to sell the car on the market at a price of 450,000 rubles.
Calculation:
- For the winnings tax, the subject is required to pay 0.35 * 500,000 = 175,000 rubles;
- When calculating sales tax, a tax deduction is applicable: (450,000-250,000)*0.13 = 200,000*0.13 = 26,000 rubles;
- In total, you need to contribute 175,000 + 26,000 = 201,000 rubles to the budget.
And here it may seem that such taxes are simply enormous. But if you compare them with those operating abroad, they are 15-20% smaller. And we need to rejoice at this opportunity.
How we won the car
Sometimes you dream before going to bed - if only you could find a bag with a million dollars or win an apartment and a car, and then I’ll live!) So I once dreamed about this, but I always thought that it was not real. Moreover, there was personal and family experience - back in Soviet times, when my grandfather died, my grandmother found a huge pile of lottery tickets on his desk. As it turned out, he played every weekend for 15 years, spent a lot of money on it, and the real winnings were twice three rubles for many years.
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True, there is one HUGE minus. This year we have to pay tax on winnings, and this is no less than 35% of its value. Almost 300,000 rubles. And this is not a loan; it cannot be paid in installments. The payment should be a lump sum and no later than summer (as far as I understand). This is the only fly in the ointment in our barrel of honey. The lack of normal equipment in the car (it is empty) does not scare us, as they say - don’t look a gift horse in the mouth!
Liability for non-payment
If we are talking specifically about a won car, then responsibility is provided for. This is not a small prize that the IRS can forgive.
Types of responsibility:
- penalty for each day of debt. The penalty is calculated as a percentage of the debt amount and depends on the Central Bank discount rate. And although the amount of the penalty is small, it can amount to a good amount over a long period of time;
- fine. For tax evasion, a fine ranges from 20 to 40% of the debt amount. The size of the bet depends on whether such actions are targeted or not. If the court finds the evasion to be intentional, the maximum fine rate will apply.
If the tax is paid, but the declaration itself is not filed, then you will also have to pay a fine. The amount will be small - up to 5% of the amount.
Also, do not forget that the Federal Tax Service has the authority to block current accounts, collect debt through the court from wages, and also not allow a citizen to leave when traveling abroad. True, the last option is only possible if the total amount of debt is more than 300,000 rubles.
Beware, scam!
If one fine day you receive an SMS message on your phone number saying that you have become the proud owner of a Ford Focus car and you are advised to go to the website or call the specified phone number, you can rest assured that scammers are trying to scam you. If you respond and go to the specified site, they will very convincingly explain to you that your winnings are your finest hour. That you, without knowing it, are a participant in the promotion, because you paid with a card in the store. In short, it will be a convincing dregs.
How to pay: payment options
There are several options for paying off debt to the budget. Most of them allow you to do this without visiting the bank, only using the Internet.
Payment Methods:
- through the “Government Services” portal - an option available only for authorized users;
- through online banking of any bank, making a payment through your personal account;
- using an electronic wallet and terminals;
- at the cash desk of any bank.
The option is chosen by the taxpayer himself. The main thing is to meet the deadlines.