Reflection of VAT on the sale of fixed assets. Sale of fixed assets at the residual value of VAT
When selling property, the value of which includes input VAT, the tax is calculated in a special manner. The tax base is then defined as the difference between the sales price increased by VAT and the purchase price.(residual value according to accounting data, if we are talking on fixed assets). This difference is called the inter-price difference., and the tax from it is calculated at the estimated rate of 18/118 or 10/110 (paragraph 3 of article 154, paragraph 4 of article 164 of the Tax Code).
may end up in the accounting cost of the acquisition for a variety of reasons. The tax should be included in the value of property if, for example, it was received free of charge, and also bought or created when the company applied a special regime, which it subsequently changed to a general tax system. Or if an item of fixed assets was originally acquired for activities that are not subject to VAT, participated in it for some time, and then was put up for sale.
The Federal Tax Service proposes in such cases to indicate in the invoice as the cost of shipped goods tax base(i.e., the inter-price difference), enter the estimated tax rate, and the amount of tax - the one that the seller must accrue from this transaction (Letters dated October 19, 2005 N MM-6-03 / [email protected] and dated June 28, 2005 N 03-1-03 / 1114 / [email protected]). Last year, this approach appeared in the Rules for keeping accounting journals of invoices, books of purchases and sales (approved by Government Decree of December 2, 2000 N 914).
However, it happens that the seller - by mistake or deliberately ignoring this rule - invoices the buyer with VAT at the full rate from the contract price. At the same time, he enters the correct tax calculation into his VAT return, i.e. from the inter-price difference at the settlement rate. As soon as the inspectors from the inspectorate discover this, tax claims both the seller and the buyer are at risk.
Seller risks: owes the budget
To the seller, despite the fact that he correctly calculated the tax payable to the budget in the declaration, the inspectors will try to charge additional VAT to the amount indicated by him in the invoice. In such cases, the tax authorities refer to paragraph 5 of Art. 173 tax code. This paragraph establishes an exhaustive list of cases in which VAT must be transferred to the budget in excess of that provided by law. Non-payers of this tax and those who are released from the obligations of the payer under Art. 145 of the Tax Code, as well as payers - for non-taxable transactions. And although invoices issued by VAT payers for taxable transactions, this paragraph does not apply, the courts sometimes take the side of the tax authorities.
Thus, the Federal Arbitration Court of the Central District decided that "the difference between the tax amounts received from buyers and transferred to the budget is payable to the budget" (Decree of February 6, 2008 in case N A09-8975 / 06-30-20). The Federal Arbitration Court of the West Siberian District came to the same conclusion, considering a similar dispute (Decree of April 17, 2007 N F04-2265 / 2007 (33421-A03-7)).
There are also judgments in favor of taxpayers. The Federal Arbitration Court of the Volga-Vyatka District considered it illegal to apply paragraph 5 of Art. 173 of the Tax Code (Decree of December 20, 2006 in case N A29-8335 / 2005A). The Federal Arbitration Court of the Urals District reasoned in exactly the same way (Decree of August 16, 2006 N Ф09-5627 / 06-С2). The Court of Cassation of the West Siberian District, recognizing the decision of the inspection as unlawful, relied on the fact that the company did not violate the procedure for calculating the tax when drawing up the declaration, therefore the obligation to pay it was fulfilled in full. Issuing an invoice with a VAT amount exceeding that paid to the budget is not a basis for its additional charge (Decree of July 28, 2004 N Ф 04-5206 / 2004 (А46-3250-32)). In its other Resolution (of September 17, 2008 N Ф04-5554 / 2008 (11392-А46-14)) the same court referred to the definition of tax in Art. 8 of the Tax Code. Based on it, the arbitrators decided that there are no norms in the tax legislation obliging those who presented to buyers a large amount VAT, than established by law, transfer to the budget the difference between the amount of tax actually received and the amount to be calculated in accordance with Ch. 21 of the Tax Code.
As additional arguments in its defense, the seller may point out that the Tax Code (Article 166) prescribes that VAT payable to the budget be calculated on the basis of the tax base, and not on invoices issued to buyers.
Buyer Risk: Goodbye Deduction
The tax authorities will remove from the buyer the deduction of the amount of VAT that exceeds the calculated at the estimated rate from the inter-price difference. The main reason will be the violation of the VAT "mirror" principle as indirect tax(Determination of the COP dated November 4, 2004 N 324-O), since it turns out that the seller accrued less to the budget than the buyer deducted. They can also refer to the Decree of the Supreme Arbitration Court RF dated June 19, 2006 N 16305/05, where he concluded that the tax legislation "excludes the deductibility of value added tax amounts paid by the taxpayer (seller. - Note ed.) in violation of the provisions of Chapter 21 of the Code" . The tax authorities believe that the "extra" VAT was paid to the seller in violation of the VAT legislation.
There should be no penalty in such a situation. It is possible only for a culpably committed violation. tax legislation(Article 106 of the Tax Code), and the buyer is not guilty of the fact that the amount of VAT in the invoice turned out to be incorrect, according to the inspectors. In the relationship between the seller and the buyer, this is a normal sale, not in any way due to the fact that the property is accounted for by the seller with tax. The buyer cannot know that the seller is obliged to calculate VAT on the property acquired by him in a special manner, and the seller is not obliged to inform him of this when concluding the contract.
Note. Inspectors cannot charge a buyer a fine for understating VAT. Sanctions are possible only for a guilty violation of tax laws, and the buyer is not at fault for the fact that the amount of tax on the invoice turned out to be incorrect.
It is possible that the inspectors will refuse to deduct the entire amount of VAT indicated in the invoice for the reason that it contains unreliable, in the opinion of the inspectors, information about the rate and amount of the "added" tax. Inspectors may consider that in this case the invoice was drawn up in violation of paragraphs. 10 and 11 paragraph 5 of Art. 169 of the Tax Code. And such invoices, as you know, cannot serve as a basis for deduction (clause 2 of article 169 of the Tax Code).
The buyer who received claims from the tax authorities should first of all ask the seller to correct the invoice and return the money overpaid as VAT. If the counterparty does not agree, then the further path for the return of this amount lies in the court.
Those who are not ready to get involved in litigation and prefer to part with the "extra" amount of VAT, it remains to recognize it as part of the contractual value of the acquired property and write it off as expenses recognized in the calculation of income tax. To do so will allow the decision of the inspection based on the results tax audit that VAT in this part was presented illegally, which means that it is not VAT at all.
The rest have two options. First: to prove in court that the tax at the full rate on the sale price was lawfully presented, which means that its entire amount is deductible. Second: do not argue with the tax authorities, but collect the amount of the withdrawn VAT deduction from the seller.
VAT - in full
Common sense dictates that by issuing an invoice with VAT calculated at the full rate on the sale price, the seller is doing the right thing. And the presentation to the buyer of VAT, calculated from the inter-price difference at the estimated rate, is just erroneous.
The fact is that the established paragraph 3 of Art. 154 and paragraph 4 of Art. 164 of the Tax Code, the special procedure for calculating the tax base and the amount of VAT from it has nothing to do with determining the amount of tax presented to the buyer. In fact, the application of the settlement rate to the inter-price difference is a mechanism for providing the seller with a VAT deduction that he did not use at the time of the acquisition of the property (if we are talking about fixed assets, only a part of the deduction attributable to the residual value at the time of the sale of the object). After all, when selling property, it participates in a transaction subject to VAT, which means that it is logical for the seller to provide a deduction for the input tax "sitting" in its value. However, sometimes it is simply not possible to declare a deduction in the period of property acquisition by submitting an updated declaration (due to the fact that at that moment the company was in a special regime, for example).
Simple calculations show: when issuing an invoice with VAT at the full rate from the sale price, the budget will not suffer a penny from the fact that, according to the seller’s declaration, VAT is charged less than the buyer declares for deduction. Because the amount of tax accrued from the seller takes into account the deduction due to him, which he did not use earlier. We will verify this with a simple conditional example.
Option 1. The property is purchased and then sold for common system taxation. Purchase price - 118 rubles, incl. 18 rub. - VAT deductible. Sale price - 177 rubles, incl. 27 rub. - VAT payable to the budget and presented to the buyer. From operations with this property, the budget receives 9 rubles from the seller. VAT (27 rubles - 18 rubles), and the buyer - 27 rubles. deduction.
Option 2. The conditions are the same, but the property was purchased on UTII, and is already being sold on general mode. When acquiring VAT, it is not deductible, therefore, in accounting, the cost is formed in the amount of 118 rubles. Sale price - 177 rubles, incl. 27 rub. - VAT charged to the buyer. Tax base for VAT - 59 rubles. (177 rubles - 118 rubles). The VAT accrued from it to the budget at the estimated rate is 9 rubles. (59 rubles x 18: 118). From operations with this property, the budget receives all the same 9 rubles. VAT, and the buyer - 27 rubles. deduction. If the tax authorities recognize a deduction from the buyer only in the amount of 9 rubles. of the 27 rubles presented to him, then the budget will unreasonably - at the expense of the buyer - be enriched by 18 rubles. (27 rubles - 9 rubles). Since the budget does not remain unprofitable, there is no reason either to deprive the buyer of the deduction, or to collect supposedly extra VAT from the seller.
For fixed assets, the calculation is slightly different. Let the object be acquired during the period application of UTII for 118 rubles, including 18 rubles. - VAT. This amount is its initial cost in accounting. At this point, the right to deduct 18 rubles. The company does not have VAT, since it is not a payer of this tax. After switching to general tax regime decided to sell the property. By the time of the sale, it turned out that 40 percent of the original cost had been depreciated, that is, the residual value of the object was 70.8 rubles. It "sits" part of the input VAT, equal to 10.8 rubles. To provide the company with the opportunity to deduct this amount at the time of the sale of the object and the procedure for calculating VAT on the inter-price difference is called. When selling an object for 94.4 rubles. (including 14.4 rubles - this is VAT at a rate of 18% on the sale price of 80 rubles) tax base, i.e. inter-price difference will be 23.6 rubles. (94.4 rubles - 70.8 rubles). VAT due from the seller to the budget, calculated from this difference at the estimated rate, is 3.6 rubles. The buyer receives a deduction in the amount of 14.4 rubles. If the legislation allowed at the time of sale to directly declare the deduction of input tax attributable to the residual value, then the seller would accrue 14.4 rubles. VAT, and deductible would declare 10.8 rubles. As a result, the budget would have received from the seller all the same 3.6 rubles. tax (14.4 rubles - 10.8 rubles), and the buyer - the deduction is all in the same amount of 14.4 rubles.
As you can see, according to economic logic, it is correct to present the tax at the full rate to the buyer. However, if you strictly follow the norms of the Tax Code, it turns out that the seller is obliged to present the buyer with VAT not at the full rate, but calculated as 18/118 of the sale price. In paragraph 2 of Art. 168 of the Tax Code states that the tax amount claimed must be calculated as a percentage of the price of goods sold corresponding to the tax rate. And the tax rate for the sale of property, taken into account with the input tax in value, is set by the Code as (18: 118) x 100 percent (clause 4, article 164 of the Tax Code).
The arguments in favor of the fact that the VAT presented at the estimated rate should be calculated precisely from the sale price, and not from the inter-price difference, are as follows. The Tax Code does not link the amount of tax accrued and presented to the buyer in any way. Article 154, which prescribes the calculation of VAT on the inter-price difference, regulates the calculation of the tax base. And Art. 164, which establishes the estimated rate - the calculation of the tax payable to the budget. The calculation of the amount of VAT presented to the buyer is devoted to a completely different article - 168. It establishes that "the amount of tax presented by the taxpayer to the buyer ... is calculated ... as the percentage of the percentage specified in paragraph 1 corresponding to the tax rate this article prices". Clause 1 indicates the price of goods sold, and not the inter-price difference at all. And not a single case when the amount of tax claimed should have been calculated from the inter-price difference is mentioned in Article 168.
This is additionally confirmed by the very procedure for determining the inter-price difference. In paragraph 3 of Art. 154 of the Tax Code says that to calculate it, you need to take the selling price, including tax. That is, it is assumed that initially VAT should be provided in the contract in excess of the price. In other words, the law proceeds from the fact that at first the parties to the contract agreed on the price, taking into account the tax accrued on it at the estimated rate, and then, when the sale took place, the indicator "price plus tax presented to the buyer" is used to calculate the tax base.
Government without rules
But what about the Government-approved Rules for Keeping Accounting Journals of Invoices, Books of Purchases and Sales (Resolution No. 914 of December 2, 2000)? After all, they provide that when selling taxable property, the invoice should indicate the tax base (i.e., the inter-price difference) as the value of shipped goods, enter the estimated tax rate, and the amount of tax - the one that should be charged from this transaction salesman.
However, this part of the Rules is not binding on taxpayers. By approving them, the Cabinet of Ministers went beyond the powers granted to it by the Tax Code. The latter instructs the Government to develop only the procedure for maintaining a register of received and issued invoices, books of purchases and books of sales (clause 8 of article 169 of the Tax Code) and does not give the right to either approve the invoice form that is mandatory for taxpayers, or establish the calculation of the invoices entered into it indicators. The government is authorized to issue regulations on taxation issues only within their competence, and only those that do not change or supplement the legislation on taxes and fees (clause 1, article 4 of the Tax Code).
Violation of the requirements for the invoice, not provided for in paragraphs 5 and 6 of Art. 169 of the Tax Code cannot be grounds for refusing to accept for deduction the amount of tax presented by the seller (clause 2 of article 169 of the Tax Code). Therefore, the inspection does not have the right to refuse the buyer a deduction if the invoice is drawn up in violation of any rules from Government Decree N 914, but in accordance with the requirements of paragraphs 5 and 6 of Art. 169. This is also confirmed by arbitration practice (see, for example, the Decrees of the Federal Antimonopoly Service of the Volga District of March 3, 2006 in case No. А55-10682/2005, the Federal Antimonopoly Service of the North-Western District of April 10, 2007 in case No. А56-11416/ 2006). And the indication in the invoice of the selling price and the estimated rate of clause 5 of Art. 169 of the Code fully complies.
In fact, the Government obliges to provide buyers with information on how much the company cost the property being sold, and on the size of its tax liabilities. However, the seller is not at all interested in disclosing this information. Moreover, he has the right not to do this - by virtue of the provisions of the Civil and Tax Codes on commercial and tax secrets.
Let the seller pay
The second way to return the amount of the deduction withdrawn by the inspectors is to recover it from the seller as his unjust enrichment (Article 1102 of the Civil Code) or as compensation for losses caused by his actions (Article 15 of the Civil Code). This will be fair: by agreeing to the supplier's price and the VAT presented to it, the buyer expected that he would return the tax to himself by deducting it. When the inspectorate refused him the deduction, it turned out that he simply gave this amount to the seller.
The buyer is faced with the task of proving that the seller acted illegally (since unjust enrichment is the retention of someone else's property without legal grounds - Article 1102 of the Civil Code, and loss - the costs that must be incurred to restore the violated right - paragraph 2 of Article 15 of the Civil Code ). He will have to take into account all the arguments of the tax authorities, which they cite, presenting claims for the presentation of VAT in excess of the amount accrued by the seller to the budget. The solution will serve as evidence tax office, which justifies the refusal of the deduction. True, if the buyer did not appeal this decision in court, the arbitrators may consider it rebuttable and not accept it as evidence (as did, for example, the Federal Antimonopoly Service of the Central District, issuing Resolution of March 10, 2010 N F10-442 / 10).
It is possible to recover from the supplier not only the amount of unjust enrichment, but also the interest that has accrued on it (Article 395, clause 2 of Article 1107 of the Civil Code). And if the buyer prefers to claim the amount of "excess" VAT as compensation for his losses, then he can also include in it penalties accrued by the tax authorities on the amount of the withdrawn deduction.
Question from a reader Clerk.Ru. Vera Vershinina (Neftekamsk)
I read that when selling fixed assets, VAT is paid on the difference between the selling price and the residual value. Is it really true? What wiring needs to be done?
According to clause 29 of the Accounting Regulation "Accounting for Fixed Assets" PBU 6/01, approved by Order of the Ministry of Finance of the Russian Federation of March 30, 2001 No. 26n, the cost of an item of fixed assets that is retired or is not able to bring economic benefits(income) in the future, to be written off from accounting. The disposal of an item of fixed assets takes place, including in the event of a sale.
Income and expenses from the write-off of fixed assets from accounting are subject to crediting to the profit and loss account as other income and expenses (clause 31 PBU 6/01; clause 11 of the Accounting Regulation "Expenses of the organization" PBU 10/99, approved By Order of the Ministry of Finance of the Russian Federation of 06.05.1999 No. 33n, paragraph 7 of the Accounting Regulation "Income of the organization" PBU 9/99, approved by Order of the Ministry of Finance of the Russian Federation of 06.05.1999 No. 32n).
The accounting entries for the implementation of the fixed assets are as follows (Instructions for the application of the Chart of Accounts for accounting for the financial and economic activities of organizations, approved by Order of the Ministry of Finance of the Russian Federation of October 31, 2000 No. 94n):
Dt 62 Kt 91 - reflected income from the sale of fixed assets,
Dt 91 Kt 01 - the residual value of the fixed assets is written off,
Dt 91 Kt 68 - VAT charged.
In accordance with paragraphs. 1 p. 1 art. 146 of the Tax Code of the Russian Federation, the sale of goods (works, services) in the territory of the Russian Federation is recognized as an object of VAT taxation.
The tax base for the sale of goods (works, services) by a taxpayer, unless otherwise provided by this article, is determined as the cost of these goods (works, services), calculated on the basis of prices determined in accordance with Article 40 of the Tax Code of the Russian Federation, taking into account excises (for excisable goods) and without including VAT in them (clause 1, article 154 of the Tax Code of the Russian Federation). In this case, taxation is carried out at a tax rate of 18% (clause 3, article 164 of the Tax Code of the Russian Federation).
If the property is subject to accounting at cost, taking into account the paid VAT, then in this case, when selling it, the tax base is determined as the difference between the price of the property being sold, determined taking into account the provisions of Article 40 of the Tax Code of the Russian Federation, including VAT, excises (for excisable goods), and the value of the property being sold (residual value, taking into account revaluations) (clause 3, article 154 of the Tax Code of the Russian Federation).
In this case, according to paragraph 4 of Art. 164 of the Tax Code of the Russian Federation when selling property acquired on the side and accounted for with VAT in accordance with paragraph 3 of Art. 154 of the Tax Code of the Russian Federation, the tax rate is determined as a percentage tax rate, provided for in paragraph 3 of Art. 164 of the Tax Code of the Russian Federation, to the tax base taken as 100 and increased by the corresponding tax rate (i.e. 18/118).
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According to paragraph 31 of PBU 6/01, income and expenses from writing off fixed assets from the accounting records are reflected in accounting in reporting period to which they refer.
To account for the disposal of fixed assets, it is advisable to open a separate sub-account “Disposal of fixed assets” for the account, on which the residual value of the fixed asset being sold will be formed. The debit of this sub-account will reflect initial cost of the object being sold, taking into account the revaluations carried out, and the amount of accrued depreciation will be reflected on the loan, also taking into account the revaluations carried out.
When an item of fixed assets is retired, including as a result of a sale, the amount of depreciation accumulated during the operation of this item in accordance with the Chart of Accounts is written off to the credit of account 01 "Fixed assets" subaccount "Disposal of fixed assets". At the end of the disposal procedure, the residual value of the fixed asset is debited from account 01 "Fixed assets" to the debit of account 91 "Other income and expenses", subaccount 91-2 "Other expenses".
Income from the sale of fixed assets is reflected in the credit of account 91 "Other income and expenses" on a separate sub-account "Other income", and the costs associated with the sale are reflected in the debit of the account in the sub-account "Other expenses".
PROCEDURE FOR RECORDING VAT
Realization of goods (works, services) in the territory Russian Federation is recognized as an object of VAT taxation in accordance with paragraph 1 of Article 146 of the Tax Code of the Russian Federation, while the tax base is determined in accordance with paragraph 1 of Article 154 of the Tax Code of the Russian Federation as the cost of goods (works, services) sold, therefore, when selling a fixed asset, VAT must be charged on the amount of sales.
The amount of accrued VAT is reflected in accounting according to the Chart of Accounts on the credit of account 68 “Calculations on taxes and fees”, subaccount “Calculations on value added tax” in correspondence with the debit of account 91 “Other income and expenses”, subaccount 91-2 “Other expenses” .
In the event that VAT was included in the initial cost of the fixed asset being sold, then in accordance with paragraph 3 of Article 154 of the Tax Code of the Russian Federation, the tax base is determined as the difference between the sale price of the fixed asset being sold and its residual value, taking into account revaluations. The sales price includes VAT. According to paragraph 4 of Article 164 of the Tax Code of the Russian Federation, the amount of value added tax will be determined by calculation. To do this, the tax base must be divided by 118 and multiplied by 18 percent.
Example.
In March 2004, the organization sells an item of fixed assets for 38,350 rubles (including VAT of 5,850 rubles). The initial cost of the object is 90,000 rubles. Term beneficial use of this object - 6 years, the actual service life - 4 years, the amount of accrued depreciation - 60,000 rubles. Transportation costs for the delivery of equipment to the buyer amounted to 1888 rubles, including VAT. Delivery was made by a third party. According to accounting policy organization the obligation to pay VAT arises as the shipment proceeds, income and expenses for the purposes of taxation of profits are determined on an accrual basis.
To reflect transactions in accounting, we will use the following names of sub-accounts:
01-1 "Fixed assets in the organization";
01-2 "Retirement of fixed assets";
91-1 "Other income";
91-2 "Other expenses".
Account correspondence |
Sum, rubles |
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Debit |
Credit |
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Reflected the debt of the buyer for the sold object of fixed assets |
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Accrued VAT on the sale of fixed assets |
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Reflected disposal of fixed assets |
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Amount of depreciation charged |
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The residual value of the sold fixed asset was written off (90000 - 60000) |
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Write-off of transportation costs for the delivery of the fixed asset to the buyer |
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Reflected the amount of VAT payable to the transport organization |
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The buyer's debt for the sold object of fixed assets is repaid |
TAX ACCOUNT OF SALES
In accordance with Article 249 of the Tax Code of the Russian Federation, revenue from the sale of goods (works, services) both of own production and previously purchased, revenue from the sale of property rights is recognized as income from sales. Sales proceeds are determined on the basis of all receipts related to settlements for goods (works, services) or property rights sold, expressed in cash and (or) in kind.
Thus, proceeds from the sale of property, plant and equipment are recognized as income from sales.
According to paragraph 1 of Article 39 of the Tax Code of the Russian Federation, the sale of fixed assets by an organization or individual entrepreneur the transfer of a fixed asset on a reimbursable basis is recognized, respectively, and in cases provided for by the Tax Code of the Russian Federation - on a gratuitous basis.
Not recognized as the sale of goods, works or services:
transfer of fixed assets, organization to its successor (successors) during the reorganization of this organization;
transfer of fixed assets intangible assets and (or) other property to non-profit organizations for the implementation of the main statutory activities not related to entrepreneurial activity;
transfer of property, if such transfer is of an investment nature (in particular, contributions to the authorized (reserve) capital of business companies and partnerships, contributions under a simple partnership agreement (joint activity agreement), share contributions to mutual funds cooperatives);
transfer of property within down payment to a participant of a business company or partnership (its legal successor or heir) upon withdrawal (withdrawal) from a business company or partnership, as well as when distributing the property of a liquidated business company or partnership among its participants;
transfer of property within the initial contribution to a participant in a simple partnership agreement (joint activity agreement) or his successor in the event of separation of his share from the property that is in common ownership of the participants in the agreement, or division of such property;
transmission living quarters individuals in the houses of the state or municipal housing stock during privatization.
Article 315 of the Tax Code of the Russian Federation provides that the proceeds from the sale of fixed assets, as well as the costs associated with their sale, when calculating the tax base for income tax, should be taken into account separately from other property and property rights.
Fixed assets acquired by organizations for use in production or management purposes transfer their value to production costs (sales costs) through depreciation deductions during the entire useful life established when an item of property, plant and equipment is accepted for accounting.
In some cases, items of property, plant and equipment are sold long before their useful lives expire. As a result of the sale of fixed assets, both profits and losses arise.
According to article 323 of the Tax Code of the Russian Federation, the profit (loss) from the sale of depreciable property is determined on the basis of analytical accounting for each object as of the date of recognition of income (expense).
Analytical accounting of operations should contain information:
· on the initial cost of depreciable property sold (left) in the reporting (tax) period;
on changes in the initial cost of such fixed assets during completion, additional equipment, reconstruction, partial liquidation;
On the terms of useful use of fixed assets adopted by the organization;
· on the methods of accrual and the amount of accrued depreciation on depreciable fixed assets for the period from the start date of depreciation until the end of the month in which such property is sold (left);
· on the sale price of depreciable property based on the terms of the sale and purchase agreement;
· on the date of acquisition and date of sale (disposal) of the property;
· on the date of transfer of property into operation, on the date of exclusion from the depreciable property on the grounds provided for in paragraph 3 of Article 256 of the Tax Code of the Russian Federation, on the date of reactivation of property, on the date of expiration of the contract for gratuitous use, on the date of completion of reconstruction work, on the date of modernization;
· on the expenses incurred by the taxpayer related to the sale (disposal) of depreciable property, in particular the expenses for storage, maintenance and transportation of the sold (disposal) property.
When selling fixed assets, the taxpayer, in accordance with Article 268 of the Tax Code of the Russian Federation, has the right to reduce the proceeds from the sale by the residual value of the property being sold and by the amount of expenses associated with its sale.
Since January 1, 2002, no adjustment has been made residual value fixed assets by the value of the deflator index.
Calculation of depreciation on fixed assets in order to tax accounting, according to paragraph 2 of Article 259 of the Tax Code of the Russian Federation, is terminated from the 1st day of the month following the month in which the fixed asset object was removed from the depreciable property as a result of sale.
PROCEDURE FOR RECOGNITION OF INCOME AND EXPENSES FROM SALES
The date of receipt of income from the sale of fixed assets is determined depending on the method used to determine income and expenses.
The date of receipt of income from the sale of fixed assets under the accrual method for profit taxation purposes in accordance with Article 271 of the Tax Code of the Russian Federation is the date of sale of fixed assets, regardless of the actual receipt Money, other property (works, services) or property rights in payment for them.
As a rule, the moment of transfer of ownership is determined in the contract, but if the contract does not establish the procedure for the transfer of ownership of the object of fixed assets being sold, then in accordance with Article 223 of the Civil Code of the Russian Federation, the buyer’s right of ownership arises at the time of transfer of property. The transfer of property, in accordance with Article 224 of the Civil Code of the Russian Federation, is recognized not only as the delivery of a thing to the acquirer, but also as delivery to the carrier for shipment to the acquirer or delivery to a communication organization for sending to the acquirer of things alienated without the obligation of delivery.
According to Article 272 of the Tax Code of the Russian Federation, expenses related to the sale of a fixed asset and accepted for profit tax purposes are recognized in the period to which they relate, regardless of the actual payment of funds and other forms of payment.
In accordance with Article 273 of the Tax Code of the Russian Federation, organizations have the right to determine the date of receipt of income on cash method in the event that, on average, over the previous four quarters, the amount of proceeds from the sale of goods (works, services) of these organizations, excluding value added tax, did not exceed one million rubles for each quarter.
The date of receipt of income is the day of receipt of funds, other property (works, services) or property rights, as well as the repayment of debts to the taxpayer in another way.
Costs are recognized as costs after they are actually paid. The termination of the counter obligation by the taxpayer - the purchaser of goods (works, services) and property rights to the seller, which is directly related to the supply of these goods (performance of work, provision of services, transfer of property rights) is recognized as payment for goods.
In this case, expenses are accounted for as expenses, taking into account the following features:
§ material costs, as well as labor costs, are taken into account as expenses at the time of debt repayment by debiting funds from the taxpayer's current account, payment from the cash desk, and in case of another method of debt repayment - at the time of such repayment. A similar procedure applies to the payment of interest for the use of borrowed funds (including bank loans) and when paying for services of third parties. At the same time, the costs of acquiring raw materials and materials are taken into account as part of the costs as these raw materials and materials are written off to production;
§ depreciation is accounted for as part of expenses in amounts accrued for the reporting (tax) period. In this case, depreciation is allowed only for depreciable property paid by the taxpayer and used in production;
§ Expenses for payment of taxes and fees are included in expenses in the amount of their actual payment by the taxpayer. If there is a debt to pay taxes and fees, the expenses for its repayment are taken into account as expenses within the limits of the actually repaid debt and in those reporting (tax) periods when the taxpayer repays the specified debt.
DETERMINATION OF THE FINANCIAL RESULT FROM THE REALIZATION OF THE FIXED ASSET
Profit or loss on the sale of fixed assets is determined as of the date of the transaction. Profit from the sale is included in the tax base for income tax in the reporting period in which the object of fixed assets was sold. Loss on sale is recognized as an expense included in deferred expenses for tax purposes.
Example.
In June 2004, the organization sold a fixed asset for 165,200 rubles, including VAT, which was purchased in March 2003 and put into operation in the same month.
The useful life of a fixed asset, established on the basis of the classification of fixed assets, is 60 months, the actual useful life as of January 1, 2004 is 9 months.
As of January 1, 2004, the initial cost of the fixed asset was 180,000 rubles, the amount of accrued depreciation was 27,000 rubles. Depreciation is charged using the straight-line method.
During operation, the fixed asset was not subject to revaluation.
We have determined that for profit tax purposes, the loss from the sale of fixed assets will be accounted for monthly for 45 months, starting from July 2004, in the amount of 333.49 rubles. In accounting, this will be reflected in the debit and credit of accounts, in the amount of 24% of the above amount.
For more information on the issues of accounting and taxation of transactions with fixed assets, you can find in the book of CJSC "BKR Intercom-Audit" "Fixed Assets".
Objects of fixed assets (OS) may be retired from the organization, including when they are sold. In this case, of course, it is necessary to reflect the disposal of objects in accounting (clause 29 PBU 6/01). About what accounting records At the same time, we will tell you in our consultation.
OS sale: postings
That is why both income and expenses from the sale of fixed assets are not included in income and expenses from common species activities, and others.
So, in particular, other income is proceeds from the sale of fixed assets and other assets other than cash (except foreign exchange), products, goods, and other expenses (clause 7 PBU 6/01), respectively, the expenses associated with the sale of such assets.
To account for other income and expenses, the Chart of Accounts and Instructions for its application provide for account 91 “Other income and expenses”. Income from the sale of fixed assets is reflected in the credit of this account, and VAT and expenses associated with the sale (including the residual value of the asset) - in the debit of account 91.
In addition to reflecting income and expenses from the sale of an asset, it is necessary to show in accounting the write-off of depreciation accrued at the time of disposal.
Let's show this with an example.
An example of the sale of fixed assets
An organization on OSNO sells an object of fixed assets for 97,000 rubles (in addition to 18% VAT - 17,460 rubles). The initial cost of the asset is 163,000 rubles, and the depreciation accrued at the time of disposal is 82,500 rubles. In addition, the organization incurred expenses for the dismantling of the OS facility by a third-party organization in the amount of 8,000 rubles (VAT free). The price of the fixed asset also included the obligation of the seller to deliver the fixed asset to the buyer at his own expense. These services were provided by a third party and amounted to 2,500 rubles (plus 18% VAT - 450 rubles).
Suppose that the organization had no other operations in the reporting month.
Let's present the accounting records for the sale of an item of fixed assets in the table:
Operation | Account debit | Account credit | Amount, rub. |
---|---|---|---|
Recognized income from the sale of fixed assets (97,000 + 17,460) | 62 "Settlements with buyers and customers" | 91, sub-account "Other income" | 114 460 |
VAT charged on sales | 91, sub-account "VAT" | 68 "Calculations on taxes and fees", subaccount "VAT" | 17 460 |
Written off the initial cost of the sold object of fixed assets | 01/B | 01 | 163 000 |
Depreciation written off at the time of disposal | 02 | 01/B | 82 500 |
The residual value of the sold fixed asset was written off (163,000 - 82,500) | 91, sub-account "Other expenses" | 01/B | 80 500 |
Reflected the costs of dismantling the OS object | 91, sub-account "Other expenses" | 60 "Settlements with suppliers and contractors" | 8 000 |
Reflected the cost of delivering the asset to the buyer | 91, sub-account "Other expenses" | 60 | 2 500 |
Accounted for VAT presented by the transport organization | 19 "VAT on acquired valuables" | 60 | 450 |
Accepted input VAT for deduction | 68, sub-account "VAT" | 19 | 450 |
Reflected profit from the sale of fixed assets (114,460 - 17,460 - 80,500 - 8,000 - 2,500) | 91, sub-account "Balance of other income and expenses" | 99 "Profit and Loss" | 6 000 |
Almost all organizations from time to time are faced with the need to sell some of their tangible assets. According to the frequency of debiting from the balance sheet, this reason is the most frequent.
It is important to carry out this procedure correctly and correctly reflect it in the tax and. By selling an asset, the organization receives a profit that must be correctly taken into account when calculating taxation. Besides, in last years Several important changes have been introduced in this area, which should be taken into account.
Let us clarify the features of the sale of fixed assets (OS) and the reflection of this operation in the accounting documents of the company.
Fixed assets on the balance sheet
Fixed assets are those elements of the company's property that have served it, that is, are listed on the balance sheet for at least a year at a cost exceeding 40,000 rubles. Accounting clearly defines the procedure for their reflection on the balance sheet in the relevant paragraph of PBU 6/01 "Accounting for fixed assets":
- On the balance sheet, fixed assets are listed at their original cost, which is the amount spent on their acquisition or creation.
- During the useful life appointed by the firm, the initial cost of fixed assets is regularly reduced by the amount of depreciation.
NOTE! If a fixed asset was acquired before January 1, 2002, its useful life cannot be changed, except for an increase in the cases provided for by letter No. 16-00-14/80 of the Ministry of Finance of Russia.
Transfer of fixed assets to non-current assets
Just like that, the organization will not be able to sell the fixed asset. First, you need to make an important accounting operation: transfer the fixed assets being sold to the appropriate section of the balance sheet, that is, to non-current assets intended for sale.
PBU lists the conditions, each of which must be met for the transfer to take place:
- it is planned to receive profit from the sale, and not from the use of the OS;
- the fixed asset is fully prepared for implementation, there is no need for any additional operations with it;
- The OS will be sold after the transfer no later than within a year, unless otherwise provided by the implementation plan;
- the conditions of sale do not contradict the current regulatory enactments;
- the transfer is carried out under a specific sale and purchase agreement or within the implementation plan adopted by the firm.
Valuation of non-current assets
Fixed assets transferred for sale must be valued at a certain balance sheet date. For evaluation, one of the values \u200b\u200bthat is the smaller value is selected:
- or residual book value(initial minus depreciation);
- or the cost at which the asset will be sold (also known as net realizable value or NRV).
NOTE! net worth sales is the contractual cost to sell less costs to sell.
Reflection of the sale of fixed assets on the balance sheet
When any underlying asset is sold, it must naturally be removed from the balance sheet of the selling firm. For this you need to write:
- its initial cost;
- accrued depreciation.
Fixed asset write-offs
The accounting entries for the write-off operation will be as follows:
- debit 91.2 “Other expenses”, credit 01 “Fixed assets” - the initial cost of the fixed asset was written off;
- debit 02 “Depreciation of fixed assets”, credit 91.1 “Other income” - the amount of depreciation on the sold fixed asset was written off.
ATTENTION! If the implementation of the fixed assets does not take place at once, but lasts, as happens, for example, if a long dismantling is necessary, it is advisable to open a sub-account “Retirement of fixed assets” to account 01. Its debit reflects the initial cost, and its credit reflects the accrued depreciation. The residual value after the sale of fixed assets is written off to 91.2 "Other expenses".
Postings to revenue from fixed assets
The revenue received from the sale of fixed assets should be credited to the balance sheet as a result of the following entries:
- debit 76 “Settlements with different debtors and creditors”, loan 91.1 “Other income” – accrued proceeds from the sale of fixed assets;
- debit 91.2 “Other expenses”, credit 68 “VAT calculations” - VAT was charged on the sale of fixed assets.
Cost Postings for Fixed Assets
The costs of selling this fixed asset must also be posted to the balance sheet. These may include:
- dismantler's salary;
- funds spent on dismantling (tools, materials, etc.);
- packaging cost;
- loading and delivery costs, etc. .
The wires will look like this:
- debit 91.2 “Other expenses”, credit 10 “Materials” (or 20 “Main production”, or 23 “Auxiliary production”, or 29 “Service production”, or other necessary) - expenses for the sale of fixed assets are written off.
Accounting for profit or loss from the sale of fixed assets
For a long time, the profit from the sale of fixed assets was considered the difference between the CHSR and the residual book value, to which was added the inflation index (IRIP), published by the State Statistics Committee of the Russian Federation. However, since this index is not applied to the profit from the sale of assets, Goskomstat no longer publishes it.
For tax purposes operating system profit represents the NPV, from which are successively subtracted: the residual book value of the fixed asset and the costs of implementation.
Sometimes it happens that the implementation of the OS is to the detriment of the company.
Loss on sale of OS it is stated if the residual value, together with the costs of implementation, exceeds the CHSR, that is, the proceeds received.
Such a loss cannot be taken into account on the balance sheet immediately after the realization, so that its amount reduces the income tax base. Lost funds will have to be distributed in equal parts over the months that remain from the moment of the transaction to the end useful life use of the sold OS. This is reflected in tax register"Accounting for deferred expenses".
Example of postings when selling a fixed asset
Titania LLC sells equipment (machine) for the amount of 500,000 rubles. (VAT is 90,000 rubles.) Initially, the machine was listed on the balance sheet at a cost of 650,000 rubles. It was depreciated in the amount of 350,000 rubles. The dismantling of the machine had to spend 20,000 rubles. What marks should the accountant of Titania LLC make?
- Debit 76, credit 91.1 - 500,000 rubles. - reflected the proceeds from the sale of equipment.
- Debit 51, credit 76 - 500,000 rubles. - receipt of funds from the buyer of the machine.
- Debit 91-2, credit 68, subaccount "VAT settlements" - 90,000 rubles. - calculation of VAT.
- Debit 01, sub-account "Disposal of fixed assets", credit 01 - 650,000 rubles. - written off the initial cost of the machine.
- Debit 02, credit 01, subaccount "Disposal of fixed assets" - 350,000 rubles. - written off the amount of depreciation accrued on the machine.
- Debit 91-2, credit 01, subaccount "Disposal of fixed assets" - 300,000 rubles. (650,000 - 350,000) - the residual value of the machine has been written off.
- Debit 91-2, credit 10 (20, 23 ...) - 20,000 rubles. - written off the cost of dismantling the machine.
- Debit 91-9, credit 99 - 90,000 rubles. (500,000 - 90,000 - 300,000 - 20,000) - the profit from the sale of the machine is determined.
Changes
Legislative changes in the order of display on the balance sheet of fixed assets and business transactions they concern mainly small companies:
- Depreciation should be charged with any regularity, it is important to do this at least annually. The order of accrual must be reflected in the accounting policy.
- The company that bought the fixed asset takes them to the balance sheet according to the NPV, to which it adds its own installation costs. The costs of transport delivery, consultations, if any, payment to intermediaries and other purchase costs can be written off immediately, without stretching for future periods.
- If the acquired fixed assets relate to inventory (according to the classifier of fixed assets OK 013-2014), depreciation on it can be charged immediately upon statement on the balance sheet.
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