Sample explanatory note to the annual financial statements. Explanatory note to the annual financial report
The financial statements of the organization should give a true picture of financial position organizations on reporting date, the financial result of its activities and the movement Money behind reporting period(part 1 of article 13 of the Federal Law of December 6, 2011 No. 402-FZ). Based financial statements users accept economic decisions. That is why the composition of reporting is not limited to the balance sheet and income statement alone. Explanations are usually prepared for the two main forms. Explanations for balance sheet and the income statement include annexes to these forms and an explanatory note (clause 5 PBU 4/99). Annexes to the balance sheet and income statement are a statement of changes in equity, a statement of cash flows and a statement of the intended use of funds (clause 2 of the Order of the Ministry of Finance dated 02.07.2010 No. 66n). What is an explanatory note?
Explanatory note to the balance sheet and income statement
Explanatory note to the balance sheet and other forms of reporting is not a mandatory document and is drawn up at the discretion of the organization. Therefore, the composition and structure of the explanatory note for each organization is different. The purpose of the explanatory note is to provide users with additional data that are not included in the main reporting forms and annexes to them, but which would be useful to reporting users. For example, an explanatory note reflects significant events that occurred after the reporting date. An example of such information may be information on annual dividends recommended or declared after December 31 based on the results of the organization's work for the reporting year (
In the practice of accounting, the degree of disclosure is set as needed and depending on the curator. So, to submit the balance sheet on command (to the head office), some indicators can be specified, and for the tax office, others.
What is an explanatory note to financial statements
The definition of accompanying documentation is based on the provision of Article 5 of the Accounting Regulations (AR) 4 1999. The scope of the application is determined by the requested authorities, also depends on. Large enterprises during the reporting period may be busy compiling several hundred sheets of an explanatory note.
The document itself usually provides a transcript of the key indicators of the enterprise that are of interest to inspection bodies or. The note can provide calculated indicators, such as the turnover ratio, profitability, or stock indicator. Numerical parameters are calculated based on the lines of the balance sheet.
A considerable part of the content is a description of the reasons for the formation of accounts receivable and creditor types, the consequences of an increase or decrease. If in the reporting period there was a bonus (reduction of bonuses) for the positions of workers, employees, managers. Often, the note indicates the facts of the movement or disposal of large assets, the reasons (orders for the enterprise).
What is an explanatory note to the financial statements, the video below will tell:
Concept and normative consolidation
The main regulatory act for the purposes of compiling a note with explanations is PBU 4 of 1999. This normative document reinforces the need to form a document, but does not display its content. The structure and degree of information disclosure is determined by enterprises based on the appeal of affiliated persons and regulatory authorities. Again, if the founders have the right to receive comprehensive information about the actual state of affairs at the enterprise, then for tax and statistics disclosure of information occurs to a degree sufficient for monitoring.
When compiling a template for an explanatory note, you can refer to the Accounting Law. The standard provides approximate titles of sections in which essential information about the enterprise should be specified.
Composition and role
- According to the same PBU 4 of 1999, the composition of the explanatory note is determined by requests, and internal (local) regulations. The procedure for disclosing information is fixed in;
- For the purposes of preparing for writing auditor's report the organization refers to the requirements (request) of the inspectors to draw up. In the absence of an explanatory note in the annexes, there is a risk of receiving a comment about the submission of forms in an incomplete volume or receiving a request for the submission of an additional set of reports.
In the absence of an explanatory note, you can not only encounter a misinterpretation of reporting indicators, but also provided for by the Tax Code, article 126. The chief accountant will also be given a sense of responsibility in accordance with the Administrative Code, article 15.6.
Abandonment order
Due to the fact that there is no single template to fill out in the governing documents and albums, enterprises usually use their own accompanying document forms. As a rule, the note contains several sections, each of which reveals certain production figures and determines the results of activities for the reporting period. The paragraphs of the explanations are again developed taking into account the practice of referring to this reporting form.
The standard structure of an explanatory note is as follows:
- General information. It discloses the legal information of the object of control, the status of the company, types of activities in accordance with. If this does not contradict the corporate Code, the number of employees in the state may be indicated;
- An excerpt from the accounting policy regarding the display and collection of indicators for reporting;
- Analysis of the numerical parameters of the balance sheet, analysis of the dynamics of the main indicators of the income statement. This lists at least five major suppliers and five customers;
- Organization plans for the future, for example;
- Significant events since the last report;
- received loans, financial aid, participation in government programs;
- Conclusion.
Forms
Since there is no single form for compiling a note, it is preferable to fix its form in an annex to accounting policy. This eliminates the possibility of unreasonable changes in sections of the report when changing officials, leaving on vacation. The manager must also understand that it will not be possible to easily add or remove some sections; you will have to fix your decision in writing.
The PZ form can be downloaded for free.
Explanatory note of financial statements (sample filling)
Compilation principles financial reporting together with the software are described in this video:
Reporting period
Most often it is a year. For verification purposes, a slice of indicators can be requested for a shorter period. In any case, accountants should not despair, since information in the early period will later become the basis for compiling a final note.
Who and where provided
An explanatory note, as an integral appendix to the balance sheet, income and expense budget or cash flow statement, is formed by the accounting department or a responsible employee of the financial department. It all depends on the status of the requested enterprise.
For example, the accounting department can make an application for the tax, and - for the presentation higher authority. In any case, the actions of specialists must be coordinated. Differences in information may be formal, but must be taken from official credentials.
Provision procedure
Together with reporting forms in paper form or a scanned copy by means of communication.
Audit of the WWC
Analysis of the note reveals the following:
- Completeness of information;
- Are key indicators (profit, taxes, deviations from the norm) deciphered?
- Whether shown, including disposal;
- Does the company hide the possible;
- Degree of competence in conducting internal analysis;
- Is the company growing in the future?
For analysis, the controlling body can use financial formulas to calculate the parameters of interest or indicate the need for such calculations in the content of the explanatory note.
An explanatory note can be created in 1C: Consolidation 8, which the video below will tell about:
The main purpose of compiling an explanatory note is to decipher the financial statements, in particular, the balance sheet (form 1). A well-written explanatory note will put the inspectors close to your company, greatly facilitate the delivery of the balance sheet and reduce the likelihood of an extraordinary tax audit.
Who does not provide an explanatory note?
Non-profit organizations and associations that do not have commercial activities are not required to draw up a document. However, if in some period they nevertheless received a profit from any side activity, they will have to provide an explanatory note. An example of such activity would be the sale of retired equipment. If it was simply written off, this will not be considered a commercial turnover.
Individual entrepreneurs may not bother to draw up an explanatory note. In addition, they do not represent the balance sheet at all. Enterprises that are on a simplified taxation system draw up a document in a simplified version.
It is worth remembering that if something important or significant happened in the company over the past year - the type of activity has changed, a large long-term loan has been received, significant damage would have been caused by a natural disaster, then these events must be reflected in the explanatory note.
How to write an explanatory note?
The form of the document is not regulated, that is, each taxpayer draws it up at his own discretion. However, PBUs impose strict requirements on what should be contained in the explanatory note.
The document must include:
A brief summary of the current activities of the company.
Any qualitative change in property or finances (taken big loan, acquired a large block of shares in another company), which affected the performance of the enterprise - this should also be reflected. Immediately it is worth explaining the reasons for what happened (market expansion, the need for additional funding).
Factors that strongly influenced the change financial condition companies.
Management decisions taken at the end of the reporting period.
Changes that have taken place in the distribution system of the financial result.
The main sections of the explanatory note
General information
Tell us about your company: form of ownership, name, number, management system and founders. If licenses have been obtained, indicate which and in what areas. At the end of the section, it is worth providing data on taxes paid for the period.
Accounting changes
Here are all the changes in the accounting policy. This section is worth filling out if you have set for yourself a non-standard calculation scheme for any indicator. You also need to justify why your scheme more accurately reflects the state of the company.
Assets and liabilities
In this section, it is worth describing in detail each block - by fixed assets, intangible assets, stocks, loans and credits, foreign exchange liabilities.
For assets such as fixed assets and intangible assets, be sure to disclose depreciation and write-down information. For loans, it is worth describing the terms of their repayment and the operating expenses arising from them. For foreign exchange liabilities - exchange rate differences on financial results.
Balance sheet structure and profit dynamics
Show your ability to pay here given time and for the near future. It would be appropriate to calculate liquidity and financial stability indicators, as well as profitability.
Income and expenses
The purpose of this section is to show in detail your financial flows. Describe sales volumes (preferably in detail and in several sections - by type of product, by region), production costs, various distribution costs, the amount of financial reserves.
Business activity
Describe your indicators of business activity - the geography of sales, the degree of implementation of plans, the efficiency of using your own resources. If in any area you experienced a decline, indicate its reasons.
opening balances
Specify their size and the reasons for the changes (reorganization, changes in the law on accounting).
Affiliates
These are companies and persons that are dependent on you or control your company. These include your subsidiaries, parent organization, founders, shareholders. List them all, describe what kind of business relationship you have.
Conditional facts economic activity
This includes unresolved cases and unestablished obligations. For example, if you have a court case on causing damage to a client, then the amount of compensation is still an unestablished, conditional fact. Or do you have warranties for your products? Describe such facts, the reasons for their uncertainty, the amount reserved for them.
Cooperative activity
Such activities include operations under simple partnership agreements. List the types and total number such contracts, the amount of turnover on such transactions and financial results by them.
Branches and divisions
If your company has subsidiaries, list them and give a general summary for them. As a result, indicate the cumulative share of divisions in the total value of your net income.
Budget aid
Perhaps your company received a budget loan or funding? Describe the amount and nature of the funds received.
Promotion Information
If your company is Joint-Stock Company, then in this section it is worth describing the number of issued shares, the degree of their payment (partially, in full), the size of the block of shares owned by your enterprise. If you had an additional issue, tell us about its reasons and size.
Tax assets
This section is governed by the provisions of PBU 18/02. Reflect in it changes in conditional income and expenses for income tax, tell us about the formed permanent and temporary differences, tax losses, deferred assets.
Terminated activity
When your company terminates any type of activity or activity in any area, write about the reasons and amounts of assets and liabilities being disposed of. Expand the financial flows for this type of activity and how their liquidation will affect the general condition of the company.
Other indicators
Here, summarize, show the expediency of the existence of the company, its usefulness.
Your explanatory note does not have to contain all of these sections. Write about what happened specifically with your company. The most detailed and understandable explanatory note will remove all unnecessary questions from your tax inspector!
You can download a sample explanatory note below.
Download a sample explanatory note to the balance sheet for freeAll forms
- explanatory note_sample.doc
- this is the financial statements that are mandatory for the enterprise, no matter what activity it carries out. It is important both in the overall display of the results and processes of activities, and for the analytical evaluation of these activities. Accountants who are involved in the preparation of this balance often face the problem of compiling related documents, one of which is an explanatory note to the balance sheet.
- You can download a standard sample of an ordinary explanatory note to the balance sheet at.
- You can download a sample of filling out an extended explanatory note at.
What is a balance sheet
This document can be safely called a separate one, which invariably accompanies the consideration of the balance sheet and therefore is mandatory for compilation.
It is in this document that the explanations of those data that are indicated in the balance sheet are displayed. The information in the explanatory note is very often voluminous. Its correct compilation and generalization of information is necessary.
For each item, the display of data should be as comprehensive as possible.
Materiality and comparability are the basic principles that must be taken into account and used in the correct preparation of the document.
- The principle of comparability implies making comparisons of certain quantitative indicators, which are reflected in a number of articles of the accounting report. These indicators are compared for a certain amount of time.
- The principle of materiality can be understood as a presentation for comparison of only articles that are essential for the organization and conduct of the enterprise. This principle is taken into account in order to ensure that the financial statements have a rational structure, easy for perception and subsequent analysis.
An explanatory note must be attached to the package of documents when the accounting reporting is submitted. Failure to provide an explanatory note is in the nature of a violation in the submission of financial statements.
This document is compiled in sections, each of which should display as much as possible the information that is inappropriate to display in the balance sheet tables themselves. Sections of the explanations to the balance sheet will be discussed below.
See also a great video about the explanatory note and the balance sheet in general:
Composition of sections of a typical explanatory note
- First section. This part contains the necessary information about the organization, the balance of which is submitted for consideration: about the legal organization of the company, its founders and their shares in the business, the addresses where the activity is carried out, the availability and validity of licenses. They also display the structure of the company, the number of employees who were employed in its activities during this reporting period, as well as the amount of taxes that the company paid for given period activities.
- Second section. Accounting policy of the enterprise. This section also shows the reasons for the changes and the changes that it has undergone over a given period, as well as some nuances in the organization of the policy itself.
- Third section. It is intended to provide information about the main assets, as well as liabilities that the organization incurs. Such information includes data on fixed assets, depreciation, loans, borrowed amounts, financial investments, stocks, etc. This section reflects all related information that affected the indicators in the balance sheet.
- The fourth section serves to assess the balance sheet structure. It is in this section that the assessment of the financial condition of the enterprise takes place. Moreover, it is produced both for small and for large periods. The assessment is made by calculating the main coefficients for activities. For example, in terms of liquidity, ability to pay, etc. For a long-term assessment, the company's dependence on external creditors is taken into account.
- The fifth section carries information on income and expenses, respectively, to different accounting items of a given enterprise.
- The sixth section is the necessary explanations of the main reporting items, if they were not found in the balance sheet.
- The seventh section serves to assess the business activity of the organization, on this indicator the popularity of the organization's clients also affects, as well as the state of the market, the niche of which it occupies. Planned indicators are compiled and the percentage of their implementation at this stage of time is displayed.
- The eighth section shows the opening balances, as well as their changes, if any. This paragraph also describes the reasons for these changes.
- The ninth section is used to display transactions carried out with affiliates.
- The tenth section is devoted to conditional facts related to the organization. For example, a list of legal proceedings of a given company or a complete list of guarantees issued by it.
- The eleventh section shows for what purposes this organization conducts activities with others.
- Dr. sections.
So, an explanatory note to the balance sheet must be drawn up by the enterprise if the state does not release it from this obligation. The note is filled in according to the above, as well as additional sections, according to the structure that best suits the organization. That is, if she does not need some sections, then they can not be included in the structure of the note.
The main purpose of compiling an explanatory note is to decipher the financial statements. A well-written explanatory note will put the inspectors close to your company, greatly facilitate the delivery of the balance sheet and reduce the likelihood of an extraordinary tax audit.
Explanations to the balance sheet and income statement may consist of two parts - tabular and textual. To reflect quantitative data, it is more convenient to use the tabular form given in Appendix No. 3 to the order of the Ministry of Finance of Russia dated July 2, 2010 No. 66n.
The numbers of explanations are indicated in column 1 (“Explanations”) of the balance sheet.
If the information presented in tabular form is not enough to fully disclose the picture of the financial condition of the organization (and this is how it most often happens), additional explanations are given in text form.
It is advisable to disclose in the application:
fixed assets
Section 2 of the notes to the balance sheet and income statement consists of four tables.
2.1. Availability and movement of fixed assets.
2.2. Incomplete capital investments.
2.3. Change in the value of fixed assets as a result of completion, additional equipment, reconstruction and partial liquidation.
2.4. Other use of fixed assets.
Table 2.1 includes information on availability and company. The data in the columns of the table are reflected separately for fixed assets, separately for profitable investments in material values. The information is provided broken down into groups of fixed assets and profitable investments, respectively. Data are for the reporting and previous years.
The presence of groups of fixed assets and profitable investments is reflected in the columns "At the beginning of the year" and "At the end of the period". This also includes the amount of accumulated depreciation.
In the column "Changes for the period" you should enter information about the receipt, disposal, revaluation of groups of objects, as well as the amount of depreciation accrued on them.
Please note: in case of revaluation of objects in the columns "Initial cost" the current market value or current (replacement) cost.
EXAMPLE. REFLECTION OF OS AND PROFITABLE INVESTMENTS
fixed assets
At the beginning of the reporting year, the balance sheet of Aktiv JSC included a building and a car used by the administration.
Their initial cost was 1,000,000 rubles, respectively. and 180,000 rubles, and the accrued depreciation - 240,000 rubles. and 36,000 rubles.
In addition, in the reporting year, Aktiv built a warehouse original cost RUB 1,300,000
The amounts of depreciation accrued on existing and acquired objects in the reporting year amounted to:
For a car - 24,000 rubles;
For buildings - 64,000 rubles.
Profitable investments
Suppose that the main activity of Aktiv JSC is car rental. As of the beginning of the reporting year, the company had 10 rental cars with a total initial cost of 1,000,000 rubles.
The amount of depreciation accrued on them was 250,000 rubles. During the reporting year, it increased by another 200,000 rubles.
In June of the reporting year, Aktiv bought another car worth 180,000 rubles. (excluding VAT). For the year, depreciation was charged on it in the amount of 18,000 rubles.
The total amount of depreciation accrued for the reporting period amounted to 218,000 rubles. (200,000 + 18,000).
Thus, depreciation is calculated in the amount of:
At the beginning of the reporting year - 250,000 rubles;
At the end of the reporting year - 468,000 rubles. (250,000 + 200,000 + 18,000).
The accountant will fill out Table 2.1 as shown on page 34 (to simplify the example, data for the last year is not given).
Table 2.2 reflects the cost of capital investments in progress.
Investments in progress include:
- unfinished transactions for the acquisition, modernization and other similar actions with fixed assets. The information is provided broken down into groups of fixed assets. Data are entered for the reporting and previous years.
Capital investments are reflected in columns with a breakdown "At the beginning of the year", "Changes for the period" and "At the end of the period".
Recall that in the form of the balance sheet there is no line to reflect information on unfinished capital investments. Therefore, such information is reflected in line 1170 “Other non-current assets”.
On line 1140, the costs of capital investments in progress cannot be indicated, since they do not meet the requirements in accordance with which the asset is taken into account as an item of fixed assets (paragraph 4 of PBU 6/01).
Table 2.3 should contain data on the change as a result of completion, additional equipment, reconstruction and partial liquidation.
The rows of the table separately indicate the increase and decrease in the value of fixed assets. An increase may occur as a result of completion, additional equipment and reconstruction, and a decrease due to partial liquidation.
Information about the increase or decrease in value is indicated for each whose value has changed.
The data in the columns of table 2.3 are given for the reporting and previous periods.
Table 2.4 reflects information about other uses of fixed assets of the company. Here, in particular, information about the cost is indicated:
- fixed assets that are transferred or received on lease and are listed both on the balance sheet of the company and behind it;
- fixed assets transferred to conservation;
- real estate that is put into operation and is actually used, but is under state registration;
- others (for example, transferred or received as collateral, but used by the company).
The columns of table 2.4 indicate their cost:
- as of the reporting date (column 2);
Accounts receivable and accounts payable
This section details the accounts receivable and accounts payable of the firm. It consists of four tables.
5.1. Presence and movement accounts receivable.
5.2. Overdue accounts receivable.
5.3. Presence and movement accounts payable.
To fill in the tables, use the data on the settlement accounts:
- 60 "Settlements with suppliers and contractors";
- 62 "Settlements with buyers and customers";
- 63 "Provisions for doubtful debts";
- 66 "Calculations for short-term loans and loans";
- 67 "Settlements on long-term credits and loans";
- 68 "Calculations on taxes and fees";
- 69 "Calculations for social insurance and security”;
- 70 "Settlements with personnel for wages";
- 71 "Settlements with accountable persons";
- 73 "Settlements with personnel for other operations";
- 75 "Settlements with the founders";
- 76 “Settlements with different debtors and creditors."
Preliminarily divide all debts according to their maturity into short-term (must be paid within 12 months following the reporting date) and long-term (with a maturity of more than a year).
When filling out this section of the explanations to the balance sheet and the income statement, in the column “At the beginning of the year”, reflect the balance of the relevant accounts as of January 1 of the reporting year: - debit, for accounts payable - credit.
In the column "At the end of the period", indicate the balances of receivables and payables as of the end of the reporting year. The column "Changes for the period" reflects the receipts and disposals of debts, as well as the transfer of debt from long-term to short-term.
EXAMPLE. REFLECTION OF INFORMATION ABOUT DEBTS
Last year, Aktiv JSC issued an interest-free loan to an employee in the amount of 50,000 rubles. for a period of two years with the condition of a lump sum repayment. In accounting, this transaction was reflected in the posting:
Debit 73, subaccount "Long-term receivables" Credit 50
- 50,000 rubles. - An interest-free loan.
At the beginning of the reporting year, these receivables were included in non-current assets of the balance sheet, and at the end of the reporting year (as of the reporting date), the accountant transferred them to current assets. In analytical accounting, this operation is reflected in the entry:
Debit 73, subaccount "Short-term receivables" Credit 73, subaccount "Long-term receivables"
- 50,000 rubles. – transfer from long-term to short-term debt.
In this case, the corresponding fragment of table 5.1 "Asset" will look like this.
The Ministry of Finance of Russia recommends not to reflect in table 5.1 the debts received and repaid (written off) in the reporting year. Therefore, include in this table only those receivables and payables that are not repaid at the end of the reporting year. For example, it is not required to reflect debit and credit turnovers on account 70 “Settlements with personnel for wages”. Therefore, the accountant should focus on balances as of January 1, 2016, tracking their disposal, and also reflect the receipt of debts that you have as of December 31, 2016.
Table 5.2 reflects information on overdue receivables. Data on debts are indicated by their types. The columns indicate the amount of debt accounted for under the terms of the contract, and the book value.
The book value is the value under the terms of the contract, reduced by the amount created for it.
- as of the reporting date (column 2);
- December 31 of the previous year (column 3);
- December 31 of the year preceding the previous one, that is, the year before last (column 4).
Table 5.3 is intended to reflect data on the presence and movement of accounts payable. It is filled in by analogy with table 5.1.
Table 5.4 reflects information on overdue accounts payable.
The columns contain data:
- as of the reporting date (column 2);
- December 31 of the previous year (column 3);
- December 31 of the year preceding the previous one, that is, the year before last (column 4).
Explanations in text form
It is advisable to include essential information in the text part of the explanations:
- about your company;
- about her financial situation;
- on the comparability of data for the reporting and previous years;
- on valuation methods and material items of financial statements;
- about allowed deviations from the rules accounting if following them did not allow you to reliably reflect the property status and financial results of your company (clauses 6 and 37 of PBU 4/99);
- on changes in the accounting policy of the company for the next reporting year;
- about financial activities, such as the purchase of shares in other enterprises;
- about investment activity firms, for example, on the development of the material and technical base;
- on subsidiaries and dependent companies (Articles 105 and 106 of the Civil Code of the Russian Federation);
- on the reorganization of the company;
- events after the reporting date.
Information about the company's activities
In this section, you can include:
- a brief description of the size and structure of the firm;
- a brief description of her common species activities;
- sales volumes of products, goods, works, services by types and geographical sales markets;
- data on extraordinary facts of economic activity and their consequences;
- information about the business activity of the organization;
- resource efficiency indicators, etc.
If possible, present the information in dynamics (for several years). At the same time, indicate the factors that influenced the financial results of the company in the reporting year.
The size of the firm (scale of business) can be partly judged by the size of its number of employees, the size of production space and other resources.
Briefly describe the production structure of the organization: its production, workshops, services, and also including branches and representative offices.
Describing the activities of the company by type, do not skimp on the details. Provide information:
- on the range and volumes of manufactured products (work performed, services rendered) for the reporting and previous years;
- about the directions of its investments;
- about plans to expand or change the sectoral and specific structure of the company's activities.
When disclosing information on the volume of sales of products (goods, works and services) by type, provide not only general data, but also information in the context of the main geographical sales areas.
If extraordinary events occurred in the past year, then describe them in the explanations. It can be a fire, flood, technological accident, theft of property and other similar situations.
Reflect also economic consequences of these incidents: the amount of direct damage and the cost of liquidation, the amount of compensation received from guilty citizens and organizations or from insurance companies, etc.
The business activity of the company is evidenced by the following data:
- availability of contracts for export deliveries, indirectly confirming the quality of products (works, services) and the breadth of sales markets;
- the presence of well-known customers who purchase products, works and services of the company;
- participation of the company in research and development work, the effectiveness of such activities;
- carrying out environmental and other similar activities.
Information about beneficial owners
Since the end of last year, the company has a new responsibility. According to Federal Law No. 215-FZ of June 23, 2016, all companies are required to have information about their own, store it and document the accuracy of this data.
Yes, in the federal law dated 07.08.2001 No. 115-FZ (hereinafter referred to as Law No. 115-FZ) “On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism” article 6.1 “Obligations of a legal entity to disclose information about its beneficial owners” was added , according to which physical and legal entities new rights and obligations.
Item 7 new article found that information about the beneficial owners of the company is disclosed in its reporting. Therefore, in the financial statements for 2016, special attention should be paid to the disclosure of data on their beneficial owners.
The beneficial owner is individual, which ultimately directly or indirectly (through third parties) owns (has a predominant participation of more than 25% in the capital) the client - a legal entity or has the ability to control the actions of the client (Article 3 of Law No. 115-FZ). Unlike Law No. 115-FZ tax code uses the term interdependent persons».
EXAMPLE. REFLECTION OF INFORMATION ABOUT BENEFICIARIES
I. P. Sidorov owns 51% of the shares in Alfa JSC. In turn, Alpha is the owner of a 60% stake in Gamma JSC. Since I.P. Sidorov does not directly own the shares of Gamma JSC, his participation in the capital of this company should be recognized as indirect. The share of Sidorov's indirect participation in Gamma JSC will be: 0.51 × 0.6 = 0.306 or 30.6%. Therefore, Sidorov has a majority equity interest (more than 25%) and meets the criteria of a beneficial owner of Gamma JSC.
1) have information about their beneficial owners and take reasonable and available measures in the circumstances to establish the following information in relation to their beneficial owners:
- Full Name;
- citizenship;
- Date of Birth;
- details of the identity document;
- data migration card, a document confirming the right of a foreign citizen or stateless person to stay (reside) in the Russian Federation;
- address of the place of residence (registration) or place of stay;
- TIN (if any).
If it is impossible to determine the beneficiary so simply, then for insurance purposes, you need to have evidence confirming that the company has taken measures to establish it.
According to the clarifications of Rosfinmonitoring of the Russian Federation, documents confirming the adoption of such measures may be copies of requests to the founders and answers to them:
2) regularly, but at least once a year, update information about their beneficial owners and document the information received;
3) store information about their beneficial owners and the measures taken to establish them for at least five years from the date of receipt of such information;
4) provide the available documented information about their beneficial owners or about the measures taken to establish information regarding their beneficial owners at the request of the authorized body, tax authorities or otherwise federal body executive power authorized by the Government of the Russian Federation.
For non-performance listed requirements set administrative penalty(Article 14.25.1 of the Code of Administrative Offenses of the Russian Federation):
- for officials - from 30,000 to 40,000 rubles;
- for legal entities - from 100,000 to 500,000 rubles.