Reflection of VAT at sale of fixed assets. Realization 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, if it is about fixed assets). This difference is called inter-price., and the tax on 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 appear in the book value of the acquisition for various reasons. The tax should be included in the value of the property if, for example, it was received free of charge, and also bought or created when the company used special mode, which was subsequently changed to a general tax system. Or if an item of property, plant and equipment was originally acquired for activities not subject to VAT, for some time participated in it, and then was put up for sale.
The FTS proposes in such cases to indicate in the invoice as the value of the goods shipped tax base (i.e. the inter-price difference), the tax rate should be entered as the estimated tax rate, and the tax amount should be the amount that the seller must charge from this transaction (Letters of 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 the maintenance of invoice journals, books of purchases and sales (approved by Decree of the Government of December 2, 2000 N 914).
However, it happens that the seller - by mistake or knowingly ignoring this rule - issues the buyer an invoice with VAT at full rate from the contract price. In this case, he makes the correct calculation of the tax, i.e. with inter-price differences at the estimated rate. As soon as the inspectors from the inspection find this out, tax claims are at risk for both the seller and the buyer.
Seller Risks: Due to Budget
To the seller, despite the fact that he calculated the tax payable to the budget in the declaration correctly, the inspectors will try to add the VAT to the amount indicated by him on 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 it is necessary to transfer VAT to the budget in excess of the amount prescribed by law. To pay VAT, voluntarily allocated on the invoice, the taxpayers who issued it are obligated to do so and those who are relieved of the duties of the payer under Art. 145 of the Tax Code, as well as payers for non-taxable transactions. And although the invoice issued by VAT payers on taxable transactions, this clause 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” (Resolution of February 6, 2008 in case No. 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 Ф04-2265 / 2007 (33421-А03-7)).
There are also court decisions in favor of taxpayers. The Federal Arbitration Court of the Volga-Vyatka District considered it unlawful to apply Clause 5, Article. 173 of the Tax Code (Decree of December 20, 2006 in case N A29-8335 / 2005A). They were just as reasoned in the Federal Arbitration Court of the Ural District (Resolution of 16 August 2006 No. F09-5627 / 06-C2). The Cassation Court 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 in excess of that paid to the budget is not a basis for its additional charge (Decree of July 28, 2004 N Ф04-5206 / 2004 (А46-3250-32)). In another decision (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 rules in the tax law requiring those who have presented buyers a higher amount of VAT than prescribed by law to transfer to the budget the difference between the tax amount actually received and the amount to be calculated in accordance with Ch. 21 of the Tax Code.
As additional arguments in his defense, the seller may indicate that the Tax Code (Article 166) requires that the tax payable to the budget be calculated on the basis of the tax base, and not on invoices issued to buyers.
Buyer Risks: Goodbye Deduction
The tax authorities will deduct from the buyer a deduction of the amount of VAT that exceeds the inter-price difference calculated at the estimated rate. The main reason will be a violation of the principle of "mirroring" of VAT as an indirect tax (Definition of the Constitutional Code of November 4, 2004 N 324-О), because it turns out that the seller charged less to the budget than the buyer deducted. They may also refer to the Decree of the Supreme Arbitration Court Of the Russian Federation of June 19, 2006 N 16305/05, where he came to the conclusion that the tax law "excludes the presentation of the deduction of the amount of value added tax paid by the taxpayer (to the seller. - Ed.) In violation of the provisions of Chapter 21 of the Code" . Tax officials believe that the "extra" VAT was paid to the seller just in violation of VAT legislation.
There should not be a penalty in such a situation. It is possible only for a guilty committed violation of tax legislation (Article 106 of the Tax Code), and the buyer's fault in the fact that the amount of VAT on the invoice was, in the opinion of the inspectors, incorrect. In the relations of the seller and the buyer, this is a common sale, not caused in any way by the fact that the property is recorded with the seller with tax. The buyer cannot know that the seller is required to calculate VAT on the property acquired by him in a special manner, and the seller is not obliged to inform him about this when concluding the contract.
Note. Inspectors cannot charge a buyer a penalty for understating VAT. Sanctions are possible only for a guilty violation of tax laws, and the buyer's fault in the fact that the amount of tax on the invoice was incorrect is not.
It is possible that the inspectors will refuse to the buyer in deduction of the entire amount of VAT indicated on the invoice, because it indicates inaccurate, according to inspectors, information about the rate and amount of the “added” tax. Inspectors may consider that in this case the invoice is drawn up in violation of paragraphs. 10 and 11 p. 5 Article 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).
Having received a claim from the tax authorities, the buyer should first of all ask the seller to correct the invoice and return the money paid in excess of VAT. If the counterparty does not agree, then the next way for the return of this amount lies in court.
Those who are not ready to get involved in litigation and prefer to part with the "excess" amount of VAT, it remains to recognize it as part of the contractual value of the acquired property and write off to the expenses recognized in calculating income tax. This will allow the decision of the inspection on the basis of tax audit that VAT was presented illegally in this part, which means that it is not VAT at all.
The rest have two ways. First: to prove in court that the full-rate tax on the sale price is presented lawfully, which means that its entire amount is deductible. Second: do not argue with the tax authorities, but collect the amount of the deducted VAT deduction from the seller.
VAT - full
Common sense dictates that by issuing an invoice with VAT calculated at full rate from the selling 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 wrong.
The fact is that the established paragraph 3 of Art. 154 and paragraph 4 of article 164 of the Tax Code, the special procedure for calculating the tax base and the amount of VAT on it has nothing to do with determining the amount of tax presented to the buyer. In fact, the application of the estimated rate to the inter-price difference is a mechanism for providing the seller with a VAT deduction that was not used at the time of the acquisition of the property (in the case of fixed assets, only part of the deduction attributable to the residual value at the time of sale of the property). Indeed, when selling property, it participates in a VATable operation, which means that it is logical for the seller to provide a deduction for the “sitting” in his input tax cost. However, to declare a deduction in the period of acquiring property by submitting an updated declaration, sometimes there is simply no way (due to the fact that at that time the company was in special mode, for example).
Simple calculations show that when invoicing with VAT at full rate from the selling price, the budget will not suffer a penny from the fact that the seller has declared less VAT than the buyer declares for deduction. Because in the amount of tax accrued by the seller, the deduction due to him, which he had not used before, is taken into account. We will verify this with a simple conditional example.
Option 1. Property purchased and then sold on common system taxation. The acquisition cost is 118 rubles, including 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 from the seller 9 rubles. VAT (27 rubles - 18 rubles), and the buyer - 27 rubles. deduction.
Option 2. The conditions are the same, but the property was purchased at UTII, and sold already at 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 presented to the buyer. The tax base for VAT is 59 rubles. (177 rub. - 118 rub.). The VAT charged from it to the budget at the estimated rate is 9 rubles. (59 rubles x 18: 118). The budget receives all the same 9 rubles from operations with this property. VAT, and the buyer - 27 rubles. deduction. If the tax authorities recognize from the buyer a deduction only in the amount of 9 rubles. of the 27 rubles presented to him, the budget unreasonably - at the expense of the buyer - will be enriched by 18 rubles. (27 rubles - 9 rubles). Since the budget does not remain unpaid, there is no reason either to deprive the buyer of the deduction or to collect the alleged excess VAT from the seller.
For fixed assets, the calculation is slightly different. Let the object acquired in the period uTII applications 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 treatment They decided to sell the object. By the time of the sale, it turned out that 40 percent of the initial cost was depreciated, that is, the residual value of the object is 70.8 rubles. In it "sits" part of the input VAT equal to 10.8 rubles. Provide the company with the opportunity to deduct this amount at the time of sale of the object and the procedure for calculating VAT from 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% of the sale price equal to 80 rubles.) tax base, i.e. the inter-price difference is 23.6 rubles. (94.4 rubles - 70.8 rubles). The 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 law allowed at the time of sale to directly declare the input tax deduction attributable to the residual value, the seller would accrue 14.4 rubles. VAT, and deductible would have declared 10.8 rubles. As a result, the budget would receive from the seller all the same 3.6 rubles. tax (14.4 rubles - 10.8 rubles), and the buyer - deduction all in the same amount of 14.4 rubles.
As you can see, according to economic logic, it is correct to present tax to the buyer at full rate. 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 full rate, but calculated as 18/118 of the selling price. In paragraph 2 of Art. 168 of the Tax Code it is said that the tax amount claimed must be calculated as a percentage of the price of goods sold corresponding to the tax rate. And the Code establishes the tax rate for the sale of property, which is recorded with input tax in value, as (18: 118) x 100 percent (paragraph 4 of article 164 of the Tax Code).
The arguments in favor of the fact that the VAT shown at the estimated rate should be calculated precisely from the selling price, and not from the inter-price difference, these are. The tax code does not link the amount of tax charged and presented to the buyer. Article 154, which prescribes the calculation of VAT on inter-price differences, regulates the calculation of the tax base. And Art. 164, establishing the estimated rate - the calculation of 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 amount indicated in paragraph 1 corresponding to the tax rate of this article prices. "In paragraph 1, the price of goods sold is indicated, and not at all an inter-price difference. And not a single case where the tax amount claimed would have to be calculated from the inter-price difference is not mentioned in Article 168.
This additionally confirms the very procedure for determining inter-price differences. In paragraph 3 of Art. 154 of the Tax Code says that for its calculation it is necessary to take the selling price including tax. That is, it is assumed that initially VAT should be provided for in the contract in excess of the price. In other words, the law proceeds from the fact that the parties to the contract agreed the price first taking into account the tax calculated on it at the estimated tax 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 Rules for maintaining invoice, purchase and sale books approved by the Government (Decree No. 914 of December 2, 2000)? After all, they stipulate that when selling taxable property, an invoice should indicate the tax base (i.e. the inter-price difference) as the value of goods shipped, enter the tax rate as estimated, and the tax amount to be charged for this transaction seller.
However, in this part of the Rules are not binding on taxpayers. Approving them, the cabinet 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 approve the form of invoice binding for taxpayers or to establish the calculation of the invoice indicators. The government is authorized to issue regulations on taxation issues only within their competence, and only those that do not change and do not supplement the legislation on taxes and fees (paragraph 1 of 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, can not be grounds for refusing to deduct the amount of tax submitted by the seller (paragraph 2 of article 169 of the Tax Code). Therefore, the inspection is not entitled to refuse the deduction to the buyer if the invoice is issued in violation of any rules of Government Decree N 914, but in accordance with the requirements of paragraphs 5 and 6 of Article 169. This is also confirmed by the arbitration practice (see, for example, Decisions of the Federal Antimonopoly Service of the Volga Region dated March 3, 2006 in the case No. A55-10682 / 2005, the Federal Antimonopoly Service of the North-West District of April 10, 2007 in the case No. A56-11416 / 2006). And the indication in the invoice of the selling price and the settlement rate of Clause 5, Article 169 of the Code is fully consistent.
In fact, the Government obliges to provide buyers with information about how much the company has sold the property and its size 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 deduction taken by the inspectors is to collect 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: agreeing to the price of the supplier and the VAT presented to it, the buyer expected that he would return the tax to himself, putting it deductible. When the inspection refused him a deduction, it turned out that he simply donated this amount to the seller.
The buyer is faced with the task of proving that the seller acted illegally (since unjustified enrichment is the retention of another's property without legal grounds - Article 1102 of the Civil Code, and loss - expenses that must be incurred to restore the violated right - Section 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, exposing claims for the presentation of VAT in excess of the seller charged to the budget. Proof and solution tax office, in which the refusal of deduction is justified. However, if the buyer has not appealed this decision in court, the arbitrators may consider it to be disputable and not accept it as evidence (as, for example, the FAS of the Central District did so, making Resolution No. F10-442 / 10 of March 10, 2010).
You can recover from the supplier not only the amount of unjust enrichment, but also the interest that has accrued on it (Article 395, Section 2, Article 1107 of the Civil Code). And if the buyer prefers to claim the amount of "excess" VAT as a compensation for his losses, then he can also include penalties accrued tax on the amount of the deduction taken.
Question from the 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 this really so? What wiring needs to be done?
According to paragraph 29 of the Accounting Regulation “Accounting for Fixed Assets” PBU 6/01, approved by Order of the Ministry of Finance of the Russian Federation dated March 30, 2001 No. 26n, the value of a fixed asset that is disposed of or is not able to bring economic benefits (income) in the future to be debited from accounting. The disposal of an item of property, plant and equipment takes place, including in the case of a sale.
Revenues and expenses from write-offs of fixed assets from accounting shall be credited to the profit and loss account as other income and expenses (paragraph 31 of PBU 6/01; paragraph 11 of the Accounting Regulation “Expenses of an organization” PBU 10/99 approved By the order of the Ministry of Finance of the Russian Federation dated 05.06.1999 No. 33n; paragraph 7 of the Regulation on accounting “Income of the organization” PBU 9/99, approved by the Order of the Ministry of Finance of the Russian Federation dated 05.06.1999 No. 32n).
The accounting entries for the implementation of the OS are as follows (Instructions on the use of the Chart of Accounts for the accounting of financial and economic activities of organizations, approved by Order of the Ministry of Finance of the Russian Federation No. 94n of October 31, 2000):
Dt 62 Kt 91 - reflects the income from the sale of fixed assets,
Dt 91 Kt 01 - written off residual value of fixed assets,
Dt 91 Kt 68 - accrued VAT.
In accordance with paragraphs. 1 p. 1 Article 146 of the Tax Code of the Russian Federation, the sale of goods (works, services) on the territory of the Russian Federation is recognized as an object of VAT taxation.
The tax base for the sale by the taxpayer of goods (works, services), 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 excise taxes (for excisable goods) and without including VAT (clause 1 of article 154 of the Tax Code of the Russian Federation). In this case, taxation is carried out at a tax rate of 18% (paragraph 3 of article 164 of the Tax Code).
If the property is subject to value accounting, taking into account the VAT paid, then in its case the tax base is determined as the difference between the price of the property sold, determined taking into account the provisions of Article 40 of the Tax Code of the Russian Federation, including VAT, excise taxes (for excisable goods), and the value of the property being sold (residual value including revaluations) (clause 3 of 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 in the sale of property acquired on the side and accounted for with VAT in accordance with paragraph 3 of Art. 154 of the Tax Code, the tax rate is determined as a percentage tax rateprovided for by paragraph 3 of Art. 164 of the Tax Code, to the tax base, taken as 100 and increased by the corresponding amount of the tax rate (i.e. 18/118).
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According to paragraph 31 of PBU 6/01, income and expenses from write-offs of fixed assets from accounting are reflected in accounting in reporting periodto which they relate.
To account for the disposal of fixed assets, it is advisable to open a separate sub-account “Disposal of fixed assets” in the account, on which the residual value of the fixed asset sold will be formed. The debit of this subaccount will be reflected initial cost the object being sold taking into account the revaluations, and the loan will reflect the amount of accrued depreciation also taking into account the revaluations.
When a fixed asset object is disposed of, including as a result of a sale, the amount of depreciation accumulated during the operation of this object in accordance with the Chart of Accounts is debited to the credit of account 01 “Fixed Assets” subaccount “Disposal of Fixed Assets”. Upon completion of the disposal procedure, the residual value of the fixed asset is debited from account 01 “Fixed assets” in 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” in a separate sub-account “Other income”, and expenses related to the sale are reflected in the debit of the account in the sub-account “Other expenses”.
VAT ACCOUNTING PROCEDURE
The sale of goods (works, services) in the territory Russian Federation VAT is recognized as an object of taxation in accordance with Clause 1 of Article 146 of the Tax Code of the Russian Federation, while the tax base is determined in accordance with Clause 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, it is necessary to charge VAT on the sale amount.
The amount of accrued VAT is reflected in the account according to the Chart of Accounts for the credit of account 68 “Calculations for taxes and fees” subaccount “Calculations for 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 sold fixed asset, in accordance with paragraph 3 of Article 154 of the Tax Code of the Russian Federation, the tax base is defined as the difference between the sale price of the sold fixed asset and its residual value, taking into account revaluations. The sales price includes the amount of VAT. According to paragraph 4 of Article 164 of the Tax Code, 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 5,850 rubles). The initial cost of the facility is 90,000 rubles. Term beneficial use of this facility - 6 years, the actual life of 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 organization. According to accounting policies the organization the obligation to pay VAT arises as it is shipped, income and expenses for tax purposes are determined on an accrual basis.
To reflect operations in accounting, we will use the following names of sub-accounts:
01-1 "Fixed assets in the organization";
01-2 “Disposal of fixed assets”;
91-1 “Other income”;
91-2 “Other expenses”.
Account Correspondence |
Amount rubles |
||
Debit |
Credit |
||
The debt of the buyer for the sold item of fixed assets is reflected |
|||
Accrued VAT on the sale of fixed assets |
|||
Fixed asset retirement |
|||
Deducted accrued depreciation |
|||
Written off the residual value of the sold fixed assets (90,000 - 60,000) |
|||
Charged shipping costs for the delivery of fixed assets to the buyer |
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Reflects the amount of VAT payable to the transport organization |
|||
The buyer’s debt for the sold fixed asset was paid off |
TAX ACCOUNTING
In accordance with article 249 of the Tax Code of the Russian Federation, revenue from the sale is recognized as revenue from the sale of goods (works, services) of both own production and previously acquired, revenue from the sale of property rights. Sales revenue is determined on the basis of all proceeds related to settlements for goods (work, services) sold or property rights expressed in cash and (or) in kind.
Thus, the proceeds from the sale of fixed assets are recognized as sales income.
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 accordingly, transfer of fixed assets on a reimbursable basis is recognized, 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 authorized activities not related to entrepreneurial activity;
· Transfer of property, if such transfer is of an investment nature (in particular, contributions to the charter (joint-stock) 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 in a business company or partnership (its successor or successor) upon withdrawal (disposal) from a business company or partnership, as well as during the distribution of property of the liquidated business company or partnership between its participants;
· Transfer of property within the initial contribution to a participant in a simple partnership agreement (joint venture agreement) or his assignee in the event of the separation of his share from the property owned by the parties to the agreement, or the division of such property;
Transmission living quarters to individuals in state or municipal houses 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, in calculating the tax base for income tax should be considered separate from other property and property rights.
Fixed assets acquired by organizations for use in production or management purposes transfer their value to production costs (selling expenses) through depreciation deductions during the entire useful life established when taking the property, plant and equipment 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 profit and loss arise.
According to Article 323 of the Tax Code of the Russian Federation, the determination of profit (loss) from the sale of depreciable property is carried out on the basis of analytical accounting for each object at the date of recognition of income (expense).
Analytical accounting of operations should contain information:
· On the initial value of depreciable property sold (disposed) in the reporting (tax) period;
· Changes in the initial cost of such fixed assets upon completion, retrofitting, reconstruction, partial liquidation;
· The adopted by the organization useful lives of fixed assets;
· On the methods of accrual and the amount of accrued depreciation on depreciable fixed assets for the period from the start date of depreciation to the end of the month in which such property is sold (disposed of);
· The selling price of depreciable property based on the terms of the contract of sale;
· The date of acquisition and date of sale (disposal) of property;
· The date of transfer of the property into operation, the date of exclusion from depreciable property on the grounds provided for in paragraph 3 of Article 256 of the Tax Code of the Russian Federation, the date of re-commissioning of property, the date of completion of the contract for gratuitous use, the date of completion of reconstruction, the date of modernization;
· On the expenses incurred by the taxpayer related to the sale (disposal) of depreciable property, in particular the costs of storage, maintenance and transportation of the sold (retired) property.
In the sale of fixed assets, the taxpayer, in accordance with article 268 of the Tax Code of the Russian Federation, has the right to reduce income from sale by the residual value of the property being sold and by the amount of expenses associated with its sale.
Starting January 1, 2002, the residual value of fixed assets is not adjusted by the value of the deflator index.
Depreciation on fixed assets in order to tax accounting, according to paragraph 2 of Article 259 of the Tax Code of the Russian Federation, it terminates from the 1st day of the month following the month in which the fixed asset was disposed of as a result of sale from depreciable property.
PROCEDURE FOR RECOGNITION OF REVENUE AND EXPENDITURE 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 using the accrual method for tax 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 to pay for them.
As a rule, the moment of transfer of ownership is determined in the contract, but if the agreement does not establish the procedure for transfer of ownership of the fixed asset being sold, then in accordance with article 223 of the Civil Code of the Russian Federation, the buyer’s ownership right arises at the time of transfer of the property. According to Article 224 of the Civil Code of the Russian Federation, the transfer of property is recognized not only in the delivery of the thing to the acquirer, but also in the handing over to the carrier for shipment to the purchaser or handing over to the organization of communication for sending to the purchaser the things alienated without the obligation of delivery.
The costs associated with the sale of fixed assets and taken for tax purposes, profits, according to article 272 of the Tax Code of the Russian Federation are recognized in the period to which they relate, regardless of the actual payment of cash 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 by the cash method if, on average, for the previous four quarters, the amount of revenue 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 (work, services) or property rights, as well as the repayment of debt to the taxpayer in another way.
Expenses are recognized as expenses after their actual payment. Payment for goods is the termination of a counter obligation by the taxpayer - the purchaser of goods (work, 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).
At the same time, 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, cash payments, and with a different method of debt repayment at the time of such repayment. A similar procedure applies to the payment of interest on borrowed funds (including bank loans) and when paying for third party services. At the same time, the costs of the acquisition of raw materials are taken into account as expenses are written off of these raw materials and materials into production;
§ depreciation is recorded as an expense in the amounts accrued for the reporting (tax) period. In this case, only depreciation of the depreciable property used in production paid for by the taxpayer is allowed;
§ expenses for the payment of taxes and fees are recorded as expenses in the amount of their actual payment by the taxpayer. If there is a debt on taxes and fees, the costs of its repayment are accounted for as expenses within the actually repaid debt and in those reporting (tax) periods when the taxpayer repays the specified debt.
DETERMINATION OF FINANCIAL RESULTS FROM IMPLEMENTATION OF EQUITY
Profit or loss on fixed assets sales operations is determined as of the date of the transaction. Profit from sales is included in the tax base for income tax in the reporting period in which the asset was sold. Losses from sales are recognized as expenses included in deferred expenses for tax purposes.
Example.
The organization in June 2004 sold the fixed asset for 165,200 rubles, including VAT, which was acquired in March 2003 and put into operation in the same month.
The useful life of the fixed asset, established on the basis of the classification of fixed assets, is 60 months, the actual life of January 1, 2004 is 9 months.
As of January 1, 2004, the initial cost of fixed assets amounted to 180,000 rubles, the amount of accrued depreciation - 27,000 rubles depreciation is charged on a straight-line basis.
During operation, the main asset was not revalued.
We have determined that for tax purposes, profit from the sale of fixed assets will be accounted for monthly for 45 months, starting in 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 details on accounting and taxation of transactions with fixed assets, you can get acquainted in the book of CJSC BKR Intercom-Audit Fixed Assets.
Objects of fixed assets (OS) can be eliminated from the organization, including when they are sold. In this case, of course, it is necessary to reflect the disposal of assets in accounting (paragraph 29 of PBU 6/01). We will tell you about which accounting records in this case in our consultation.
OS sale: postings
That is why both income and expenses from the sale of fixed assets do not relate to income and expenses from ordinary activities, but to others.
So, in particular, other income is the proceeds from the sale of fixed assets and other assets other than cash (except foreign currency), products, goods, and other expenses (clause 7 of PBU 6/01), respectively, the costs associated with the sale of such assets.
To account for other income and expenses, the Chart of Accounts and the Instructions for its application provide for account 91 “Other income and expenses”. Revenues from the sale of fixed assets are recorded on the credit of this account, and VAT and expenses associated with the sale (including the residual value of the fixed asset) - on the debit of account 91.
In addition to reflecting the income and expenses from the sale of the asset, it is necessary to show in the books the write-off of depreciation accrued at the time of disposal.
We show what was said by an example.
An example of the sale of fixed assets
An organization at OSNO sells an item of fixed assets for 97,000 rubles (in addition, 18% VAT is 17,460 rubles). The initial cost of the asset is 163,000 rubles, and the depreciation charged at the time of disposal is 82,500 rubles. In addition, the organization incurred expenses for the dismantling of the fixed asset by forces of a third-party organization in the amount of 8,000 rubles (VAT exempt). The price of the OS asset also included the seller’s obligation to deliver fixed assets to the buyer at his own expense. These services were provided by a third-party organization and amounted to 2,500 rubles (in addition, VAT 18% - 450 rubles).
Suppose that the organization had no other operations in the reporting month.
Imagine accounting records for the sale of fixed assets in the table:
Operation | Debit account | Credit account | Amount, rub. |
---|---|---|---|
Recognized income from the sale of fixed assets (97,000 + 17,460) | 62 "Settlements with buyers and customers" | 91, subaccount "other income" | 114 460 |
Accrued VAT on sales | 91, subaccount "VAT" | 68 "Calculations for taxes and fees", sub-account "VAT" | 17 460 |
Written off the initial cost of the sold asset OS | 01 / V | 01 | 163 000 |
Decommissioned at the time of disposal | 02 | 01 / V | 82 500 |
Written off the residual value of the sold asset OS (163 000 - 82 500) | 91, subaccount "other expenses" | 01 / V | 80 500 |
Reflected the cost of dismantling the OS object | 91, subaccount "other expenses" | 60 "Settlements with suppliers and contractors" | 8 000 |
Reflected the cost of delivering the asset to the buyer | 91, subaccount "other expenses" | 60 | 2 500 |
VAT shown by transport organization | 19 “VAT on acquired values” | 60 | 450 |
Accepted VAT deductible | 68, subaccount "VAT" | 19 | 450 |
Profit from the sale of fixed assets is reflected (114 460 - 17 460 - 80 500 - 8 000 - 2 500) | 91, subaccount "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. By the frequency of write-offs from the balance, 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, an organization makes a profit that must be properly considered when calculating taxation. In addition, in recent years, several important changes have been legislatively introduced in this area, which must be taken into account.
We will clarify in particular the sale of fixed assets (OS) and the reflection of this transaction in the accounting records 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, they are on the balance sheet for at least a year at a cost in excess of 40,000 rubles. Accounting clearly defines the procedure for their reflection on the balance sheet in the corresponding paragraph of RAS 6/01 “Accounting for fixed assets”:
- On the balance sheet OS appear at their initial cost, which represents the amount spent on their acquisition or creation.
- During the useful life assigned by the company, the initial cost of fixed assets is regularly reduced by the amount of depreciation.
NOTE! If the fixed asset was acquired before January 1, 2002, its useful life cannot be changed, except for an increase in cases provided for by letter of the Ministry of Finance of Russia No. 16-00-14 / 80.
Transfer of fixed assets to fixed assets
The organization will not be able to just sell the fixed asset. First, you need to make an important accounting operation: transfer the OS being sold to the appropriate section of the balance sheet, that is, to non-current assets held for sale.
PBU provides the conditions, each of which must be fulfilled for the transfer:
- profit is planned to be obtained 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;
- OS will be sold after the transfer no later than within a year, unless otherwise provided by the implementation plan;
- terms of sale do not contradict the current regulatory acts;
- the transfer is carried out under a specific sales contract or as part of an implementation plan adopted by the company.
Valuation of fixed assets
Fixed assets transferred for sale must be evaluated at a certain date of balance sheet information. For evaluation, one of the values \u200b\u200bthat is a smaller value is selected:
- either residual book value (initial minus depreciation);
- or the cost at which the product will be sold (it is also called the "net realizable value" or ČSR).
FOR YOUR INFORMATION! Net worth sales is the contractual value for sale minus costs to sell.
Reflection of sales of fixed assets on the balance sheet
When a major asset is sold, it must naturally be retired from the balance of the seller. To do this, write off:
- its initial value;
- accrued depreciation.
Write-offs of fixed assets
Deferred accounting entries will be as follows:
- debit 91.2 “Other expenses”, credit 01 “Fixed assets” - the initial cost of the fixed asset is written off;
- debit 02 “Depreciation of fixed assets”, loan 91.1 “Other income” - the depreciation amount for the fixed asset sold was written off.
ATTENTION! If the implementation of the OS does not take place simultaneously, but lasts, as it happens, for example, if you need a long dismantling, it is advisable to open account 01 sub-account “Disposal of fixed assets”. His debit reflects the initial cost, and the loan - accrued depreciation. The residual value after the sale of fixed assets is charged to 91.2 “Other expenses”.
Postings to the proceeds from fixed assets
The proceeds received from the sale of the operating system should be credited to the balance as a result of the following transactions:
- debit 76 "Settlements with different debtors and lenders ”, loan 91.1“ Other income ”- revenue from the sale of fixed assets was accrued;
- debit 91.2 “Other expenses”, credit 68 “Calculations for VAT” - VAT is charged on the sale of fixed assets.
Cost entries for fixed assets
Costs for the sale of this fixed asset should also be posted to the balance sheet. These may include:
- dismantlers' salary;
- funds spent on dismantling (tools, materials, etc.);
- packaging cost;
- expenses for loading and delivery, etc.
Postings will be as follows:
- debit 91.2 “Other expenses”, credit 10 “Materials” (or 20 “Primary production”, or 23 “Auxiliary production”, or 29 “Servicing production”, or other necessary) - expenses for the sale of fixed assets were written off.
Profit or loss accounting for OS sales
For a long time, the profit from the sale of fixed assets was considered the difference between the Czechoslovakia and 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 profits from the sale of assets, Goskomstat no longer publishes it.
For tax purposes operating profit represents the Czech Republic, from which are sequentially taken away: the residual book value of the fixed asset and implementation costs.
Sometimes it happens that the implementation of the OS is to the detriment of the company.
Loss on OS sale It is ascertained if the residual value, coupled with the cost of sales, exceeds the Czech Republic, that is, the revenue received.
Such a loss cannot be taken into account on the balance sheet immediately after the sale, so that its amount reduces the income tax base. Lost funds will have to be distributed in equal parts by months that remain from the time of the transaction to the end useful life use of the sold OS. This is reflected in the tax register "Accounting for deferred expenses".
An example of transactions when selling a fixed asset
LLC Titania sells equipment (machine tool) 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. Depreciation in the amount of 350,000 rubles was accrued on it. It took 20,000 rubles to dismantle the machine. What marks should the accountant of Titania LLC make?
- Debit 76, credit 91.1 - 500 000 rubles. - reflected revenue 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 "Calculations for VAT" - 90 000 rubles. - VAT calculation.
- Debit 01, sub-account "Retirement of fixed assets", loan 01 - 650 000 rubles. - written off the initial cost of the machine.
- Debit 02, loan 01, sub-account “Retirement of fixed assets” - 350 000 rubles. - the amount of depreciation accrued on the machine has been written off.
- Debit 91-2, loan 01, sub-account “Retirement of fixed assets” - 300,000 rubles. (650,000 - 350,000) - the residual value of the machine was written off.
- Debit 91-2, credit 10 (20, 23 ...) - 20,000 rubles. - written off the costs of dismantling the machine.
- Debit 91-9, credit 99 - 90 000 rubles. (500,000 - 90,000 - 300,000 - 20,000) - determined the profit from the sale of the machine.
Changes
Legislative changes in the order of display on the balance sheet of fixed assets and business operations they concern mainly small companies:
- Depreciation should be accrued with any regularity, it is important to do this at least annually. The accrual procedure must be reflected in the accounting policy.
- The company that bought the fixed asset takes them to the balance sheet according to the Czechoslovak Republic, to which it adds its own installation costs. Transportation costs, consultations, if any, payment to intermediaries and other expenses for the purchase can be written off immediately, without stretching for future periods.
- If the acquired asset relates to inventory (according to the classifier of fixed assets OK 013-2014), depreciation for it can be charged immediately when put on the balance sheet.