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Разработанные Минфином России поправки касаются уточнения п. 1 ст. 217 Налогового кодекса, который в настоящее время предусматривает освобождение от НДФЛ доходов в виде государственных пособий (за исключением пособий по временной нетрудоспособности, включая пособие по уходу за больным ребенком), а также иных выплат и компенсаций, выплачиваемых в соответствии с действующим законодательством. Соответствующий законопроект1 сегодня внесен в Госдуму.
Документ подготовлен в целях реализации постановления КС РФ от 31 мая 2018 г. № 22-П, признавшего положения п. 1 и п. 3 ст. 217 НК РФ не соответствующими Конституции РФ. В частности, эти нормы не позволяют однозначно решить вопрос об обложении НДФЛ денежной компенсации, выплачиваемой военнослужащим, проходящим военную службу по контракту, за каждые дополнительные сутки отдыха.
Зависит ли применение ст. 217 НК РФ от характера нормы законодательства, устанавливающей компенсационные выплаты? Узнайте из раздела «Налоговый кодекс РФ» Энциклопедии судебной практики в интернет-версии системы ГАРАНТ. Получите полный доступ на 3 дня бесплатно!
Так, предлагается изложить в новой редакции п. 1 ст. 217 НК РФ, объединив его с п. 3 и исключив общую норму об иных выплатах, не подлежащих налогообложению. Разработчики инициативы отмечают, что ряд таких выплат однозначно определен отдельными пунктами ст. 217 НК РФ. Скорректированная норма предусматривает, что не подлежат налогообложению (освобождаются от налогообложения) государственные пособия и компенсационные выплаты, установленные действующим законодательством, по указанному перечню.
При этом уточнено, что при выплате компенсаций за неиспользованные отпуска и дополнительные сутки отдыха соответствующие доходы не подлежат освобождению от налогообложения на основании ст. 217 НК РФ.
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1 С текстом законопроекта № 594955-7 «О внесении изменений в статью 217 Налогового кодекса Российской Федерации» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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