The legislative framework

Financial assistance in connection with marriage is a dispositive category that officially employed citizens can apply for if:

• The employer has a reserve fund in case of significant events in the life of employees or the team as a whole;
• Local regulations of the employing organization provide for the possibility of receiving these payments.

It is important to understand that additional financial support on behalf of the employer is provided solely on a voluntary basis. There is no norm in legislative acts obliging an employer to pay other funds to his employee (not related to remuneration for work) who wishes to get married.

An application for financial assistance in connection with marriage can be submitted:

1. Directly to the name of the employer;
2. To the trade union organization operating at the employer.

What is marriage

Credit. No law states that spouses have priority when applying for a loan. But practice shows that, other things being equal, the bank is more likely to give a loan to those who are in a registered marriage. This way the bank takes less risk: the second spouse automatically becomes a co-borrower. And even if the spouses divorce, nothing will happen to the loan or collateral: the property and obligations of the spouses are divided either according to the family code or according to the marriage contract. It’s unclear how the cohabitants will share the loan and the apartment.

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Travel Benefits

Property. The main advantage is clarity on property issues. It is rare when people live together, but do not incur joint expenses, do not acquire property and do not use it. In marriage, everything is clear: the relationship is registered in the registry office, and then all joint financial issues are regulated by Chapter 7 of the RF IC. And if you don’t like this regulatory procedure, the spouses can enter into a marriage contract. And all controversial issues, even potential ones, should be discussed in it.

• Labor Code (Articles 40, 41, 129, etc.), which defines this payment as an additional social guarantee upon the occurrence of a certain event (marriage), not related to the employee’s fulfillment of any plans, tasks, volumes of work, etc. ;
• Tax Code (Articles 209, 210, 217, 421, 422), which determines the procedure for taxation of this payment, the procedure for calculating mandatory insurance contributions on it and cases when financial assistance is not subject to tax and contributions;
• local acts of organizations defining the conditions and procedure for providing such assistance;
• acts of judicial authorities.

Who is entitled to payment?

Financial support in connection with entering into a marriage relationship is not related to production processes and is not regulated by the norms of the Labor Code of the Russian Federation. When assigning payments, the following are not taken into account:

• Experience;
• Position held;
• Labor merits of the employee;
• Level of education and qualifications.

By offering the above assistance to its employees, the employer, as a rule, does not pursue the goal of improving the quality of the work performed, since there are a sufficient number of alternative ways to motivate the team. The main reason for providing a material payment is the occurrence of a significant event in the life of a subordinate, accompanied by significant costs.

Form and amount of payments

Since money acts as a universal commodity equivalent, this form of payment is considered preferable and most common. However, the employer can offer another form of support - in kind (especially if it is more convenient for him due to the activities he carries out).

In-kind assistance includes:

1. Food;
2. Medicines;
3. Essential items;
4. Clothes, shoes;
5. Other non-food products.

The amount of payments is determined by the employer independently. The total amount depends on:

• Company capabilities;
• Individual circumstances of the applicant;
• Objectivity and feasibility of providing assistance.

When drawing up an application, the employee has the right to indicate a specific amount, which can serve as a guideline when the employer makes a decision.

Payment processing algorithm

To receive financial support for a wedding from an employer, an employee will need to follow the steps below:

1. Familiarization with the internal documents of the organization (if there are none at all in the company, the subordinate should still send a corresponding application to the employer, since the latter can act as an exception);
2. Drawing up a written application addressed to the head of the organization or the chairman of the trade union organization;
3. Registration of the application with the secretary in the journal of incoming documents;
4. Providing the document for review to an authorized person;
5. Consideration of the request and issuance of a positive verdict;
6. Drawing up an order for the payment of financial support;
7. Transferring the order to the organization’s accounting department;
8. Issuance of funds in hand or non-cash transfer on the day of salary payment.

Required documents

Close kinship acts as a barrier to marriage in all civilized countries. The prohibition of incestuous unions stems primarily from biological considerations. Marriages between relatives often lead to a higher rate of hereditary pathologies and defects. In particular, children born in such a union are more likely than in ordinary, traditional families to have speech defects, mental retardation, and so on. In addition, the prohibition of incestuous unions is dictated by moral norms. In many countries, such marriages are subject to criminal penalties. The domestic Criminal Code does not provide for liability for this. However, the prosecutor or either spouse can file a lawsuit demanding that the union be declared invalid.

Scheme for recognition of incapacity

When submitting an application to register your marriage, the first thing you will need to pay is a fee of three hundred and fifty rubles, and it is paid at the cash desk upon presentation of the appropriate application and receipt.

About extending the registration period Now a little about exceptions. As already mentioned, Luzhkov payments at the birth of a baby can be requested within a year from the moment the child is born. But there are also exceptions. It is possible to extend the registration period for a particular period. What situations are considered exceptional? These include:

• the applicant has been incapacitated for a long time;
• the baby has been in the hospital due to illness/injury for more than six months;
• death of loved ones/significant damage to the health of relatives;
• reasons that can be considered valid by a court decision.

Payments upon marriage

List of documents Now a little about what documents will be required in order for the family to receive Luzhkov payments upon the birth of a child. In fact, the list of required papers is not too long. If you prepare for the process in advance, you can collect everything you need in a few days.

May 25, 2021 uristgd 49

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Peculiarities

1. The duration of consideration of the application by the employer is regulated and cannot take more than 1 month;
2. An application for voluntary financing for a wedding is drawn up in free form, if the employer’s local regulations do not establish a sample document;
3. Financial assistance can be requested after the official registration of the union, then a marriage certificate should be attached to the application;
4. In accordance with the law, a cash payment for a wedding will be subject to income tax if the requested amount is greater than the current limits;
5. A special situation arises for military personnel who, on the basis of a resolution of the Ministry of Defense, have the right to claim a cash payment equal to two salaries (but not more than once a year), if one of the following circumstances occurs:

• Financial difficulties;
• Death of a family member;
• Onset of pregnancy;
• Deterioration of health;
• Entry into marriage;
• Going on vacation;

1. A similar opportunity arises for students getting married. To receive payments for your wedding, you should contact the university administration. If the application is approved, the scholarship fund will transfer the amount of the allocated support.

Where can I get money

1. The employee writes a statement stating his request (drawn up in the name of the manager).
2. Documents the existence of the basis for payment (you must provide a copy of your marriage certificate).
3. Sends by mail or independently provides documents to the HR department. After verification, the application is submitted to the manager for signature.
4. If a positive decision is made, the manager signs the corresponding order and sends it to the accounting department.
5. Funds are credited to the applicant’s salary card or account.

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Amount of payment for marriage and taxation

Financial assistance for a wedding does not have a set amount at the legislative level. When writing an application, the employee can indicate the desired amount, but the final payment will be determined depending on the internal regulations of the enterprise.

For the most part, the issue of taxation of financial assistance should not concern an employee of any organization. Issues related to the need to pay income tax have long been discussed in detail by the legal department and accounting department. All that is needed from the employee is a written application addressed to the director. All nuances related to taxation will be resolved without his participation. He will only have to receive money or any other material benefits.

Such financial receipts are called material assistance aimed at meeting the social needs of the employee (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated November 30, 2021 No. VAS-4350/10). As stated in letter No. AS-4-3/13508 of the Federal Tax Service of the Russian Federation, financial assistance is a payment of funds for certain purposes, accrued for the same reason no more than once a year, if there is a documented basis.

Sample application

How is financial assistance paid upon marriage? This question is sure to be of interest to many newlyweds. Material assistance is a type of social service. It can be provided to employees of public and private enterprises in order to maintain their standard of living.

The possibility of providing financial assistance to an employee of an enterprise due to marriage is not determined by such aspects as the length of service of the person employed at the enterprise, production or other achievements.

Sample application

Despite the absence of generally accepted requirements for the application form for assistance in connection with marriage, the document must look like this:

1. Full name of the head of the organization;
2. Full name of the employee joining the official union;
3. A detailed description of the reason for contacting;
4. Grounds for providing assistance with reference to the provisions of the organization’s local documents;
5. The desired amount of payment and procedure, form of its purpose (cash/in-kind, cash/non-cash);
6. Request to allocate funds from the company’s reserve fund;
7. Application documents (marriage certificate, counterfoil from the registry office with a note about the date of the upcoming event).

Download a sample application for assistance in connection with marriage

State duty for marriage registration in 2021

1 answer. Moscow Viewed 279 times. Asked 2021-10-25 11:43:53 +0400 in the topic “Defense, military service, weapons” Please tell me, does marriage matter when paying child support? — Please tell me whether marriage matters when paying child support. Further

First marriage. Are they currently paying cash benefits for a first marriage?

Order No. 422 of May 27, 2005 was issued on the basis of Decree of the Government of the Russian Federation of December 16, 2004 No. 796 “On the amount and procedure for making payments for the acquisition of essential property for military personnel undergoing military service under a contract and employees of penal institutions " in which by order of the Ministry of Emergency Situations of Russia dated April 6, 2021 N 180, changes were made to the name of this resolution.

May 24, 2021 gmurist 315

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Taxation

As a general rule, financial assistance provided to an employee due to marriage is his profit, and therefore subject to taxation. However, if the amount of support is less than 4 thousand rubles, personal income tax will not be withheld.

Rules for withholding tax on financial assistance:

• Tax is withheld only from the amount that exceeded the maximum limit of 4 thousand rubles (if an employee is assigned support in the amount of 15 thousand rubles, the tax base will be a multiple of 11 thousand rubles);
• If monetary assistance is assigned in non-cash form, then the employee must receive the amount minus personal income tax into his account;
• The listed material support cannot be less than the amount approved in the employee’s application. If the employer endorsed an amount of 8 thousand rubles, then this is the amount that should be given to the applicant, since personal income tax is calculated and paid separately.