In practice, leasing agreements usually provide for the accounting of leased property on the balance sheet of the lessor. This situation is well described, and accounting for leasing transactions rarely raises questions from accountants. At the same time, although much less often, there are leasing agreements, under the terms of which the leased property is accounted for on the balance sheet of the lessee. In this case, accounting, especially for the lessee, becomes much more complicated, and accountants have many questions. In this article, we will try to figure out how it is correct for the accountant of the lessee, who takes into account the leased property on his balance sheet under the terms of the agreement, to reflect transactions for the purposes of accounting and tax accounting.

It should be noted that leasing agreements of this type can be of two variants.

OptionI: according to the terms of the agreement, at the end of the leasing period, the fixed assets are transferred to the ownership of the lessee without additional payments. Lease payment includes rent and redemption value. The asset becomes the property of the lessee under a leasing agreement.

Note : If the contract does not define the redemption value at all, which is part of the lease payments, it must be fixed in the Supplementary Agreement to the contract, otherwise problems arise in accounting for lease payments as expenses for income tax.

OptionII: the contract defines the redemption value of fixed assets, at which the lessee, at the end of the leasing period, has the right to acquire the fixed assets into ownership. The redemption takes place under a separate sale and purchase agreement. The lease payment includes the rent and does not includeredemption value.

At the end of the term of the lease agreement, the fixed asset becomes the property of the lessee under a contract of sale.

Note:

• Accounting difference between VariantIand OptionIIarises only when transferring funds to the lessor. In the first option, the monthly payment includes the amount of rent and part of the redemption value, and in the second option - only the rent. The redemption value is paid after the payment of all lease payments under a separate sale and purchase agreement. All other calculations and accounts are carried out in the same way both in accounting and in tax accounting.

Initial data of the Example:

The fixed asset under the leasing agreement is accounted for on the balance sheet of the lessee.

The reporting period is a month.

The term of the lease agreement is 10 months.

Accelerated depreciation rates are not applied.

The useful life is 72 months in both BU and NU. Depreciation rate per month: 1: 72 months x 100% = 1.38889%

The initial cost of fixed assets in the BU is formed taking into account the redemption value and amounts to 1,200,000 rubles.

The amount of depreciation per month according to the BU: 1,200,000. x 1.38889% \u003d 16,666.67 rubles.

The amount of depreciation per month for NU: 800,000 rubles. x 1.38889% \u003d 11,111.11 rubles.

Below is a table with the main operations that the lessee's accountant should reflect in accounting and tax accounting.

in accounting for expenses between BU and NU

** there may be a difference in the depreciation period: in accounting - in the month following the acceptance of fixed assets for accounting on account 01, in tax accounting - in the month following the commissioning of fixed assets

*** The useful life can be set taking into account the life of the fixed asset in leasing, if the terms of the corresponding depreciation group allow (for example, 62 months, as in the BU). In this example, the PI for NU is different from the PI for accounting.

It is obvious that due to differences in the requirements of accounting and tax legislation for accounting for leasing operations in the case when, under the terms of the contract, the property falls on the lessee's balance sheet, it is quite complicated and will require attention and patience from the accountant.

Below, based on the conditions of the example discussed above, we provide a summary list of accounting entries and tax accounting transactions that the lessee's accountant must make.

The initial data of the Example (repeated for convenience):

Fixed assets under a leasing agreement are recorded on the balance sheet of the lessee.

The cost of equipment according to the lessor (indicated in the contract) is 800,000 rubles.

The lease payment period is 10 months.

Leasing payments are paid evenly monthly in the amount of 115,000 rubles, in addition to VAT 20,700 rubles. The total amount of lease payments for 10 months. - 1,150,000 rubles (excluding VAT). The first lease payment is made in the month following the month in which the asset is leased.

The redemption value of fixed assets at the end of the leasing period is 50,000 rubles, in addition, VAT is 9,000 rubles.

Depreciation method - linear

The fixed asset was put into operation in the month of receipt from the lessor.

SPI - 72 months in BU and NU. Depreciation rate - 1.38889%.

Amortization amount per month according to BU: 1,200,000 rubles. x 1.38889% \u003d 16,666.67 rubles.

Depreciation amount per month for NU: 800,000 rubles. x 1.38889% \u003d 11,111.11 rubles.

* The difference contains elements of both permanent and temporary differences (different initial cost leads to a permanent difference, and different CPI leads to temporary differences). However, since the labor costs for isolating permanent and temporary differences are large, we believe that it is possible to reflect this difference as a constant

In accounting leased property received under a lease agreement and accounted for on the balance sheet of the lessor, the lessee reflected on off-balance account 001"Leased fixed assets" ( Clause 8 of the Instructions on the reflection in accounting of transactions under a leasing agreement, approved by Order of the Ministry of Finance of Russia dated February 17, 1997 No. 15) (hereinafter referred to as the Instructions on leasing) in the part that does not contradict the current regulatory acts on accounting).

The object of leasing is accounted for on account 001 in a valuation equal to the total amount of the leasing agreement. In this case, the final assessment is made up of the total amount of lease payments and the redemption value, including VAT ( Chart of accounts for accounting of financial and economic activities of organizations and Instructions for its application, approved by order of the Ministry of Finance of Russia dated October 31, 2000 No. 94n (hereinafter referred to as the Chart of Accounts)).

Cost write-off leased property from an off-balance sheet account is made when it return or redemption (clause 10 and clause 11 of the Leasing Guidelines).

After the expiration of the lease term and payment of the redemption value of the leased asset, the lessee - the new owner must accept the vehicle on its balance sheet.

The amount of the redemption value is set in the lease agreement.

Due to the fact that the repurchased object of leasing - the car meets the criteria of an asset in the form of a fixed asset ( clause 4 PBU 6/01 "Accounting for fixed assets"), initially, when registering it, the new owner must be guided by the norms of PBU 6/01.

An object of a fixed asset is accepted for accounting at the initial cost, which, when purchased for a fee, is the amount of the organization's actual costs for the acquisition of this object, excluding VAT and other refundable taxes ( paragraphs 7, 8 PBU 6/01 "Accounting for fixed assets").

If the value of the cost of acquiring a fixed asset (redemption value without VAT and other costs of acquiring an object) exceeds the established limit 40,000 rubles., the acquired asset is accepted on the balance sheet of the organization as the main tool (Clause 5 PBU 6/01 "Accounting for fixed assets").

The cost of the fixed asset is repaid through depreciation ( paragraphs 17, 18 RAS 6/01).

Assets in respect of which the conditions provided for in paragraph 4 of PBU 6/01 are met, and cost within the limit established in the accounting policy of the organization, but no more than 40,000 rubles. per unit, may be reflected in accounting and financial statements as part of inventories (Clause 5 PBU 6/01 "Accounting for fixed assets").

Accounting records for accounting for the redemption value:

1. Debit 76 Credit 51 - the redemption price of the leased asset was paid;
2. Debit 08 Credit76 - reflects the costs of repurchasing the leased asset;
3. Debit 08 Credit 60 - reflects the costs of preparing the facility for operation;
4. Debit 19 Credit 76 - accepted for accounting VAT presented as part of the redemption payment;
5. Debit 68 Credit 19 - VAT on redemption payment presented for deduction;
6. Credit 001 - reflects the disposal of the leased asset from the off-balance sheet account;
7. Debit 01 Credit 08 - the redeemed car was accepted to the balance of the organization worth more than 40,000 rubles;
8. Debit 10 Credit 08 - the purchased car is accepted as part of inventories, if the cost does not exceed 40,000;
9. Debit 26 Credit 02 - monthly entry for the calculation of depreciation of the purchased leased asset.

VAT

VAT presented by the lessor when buying out property intended for use in transactions subject to VAT, the organization — li-zin-go-po-lu-cha-tel entitled to accept invoice based deduction issued by the lessor and executed in compliance with the requirements of the law, after the property is registered and in the presence of the relevant primary documents ( pp. 1 p. 2 art. 171, paragraph 1 of Art. 172, paragraph 2 of Art. 169 Tax Code of the Russian Federation).

As a general rule, an invoice is issued by the seller of the goods no later than five calendar days from the date of shipment of the goods ( paragraph 3 of Art. 168 Tax Code of the Russian Federation).

In the situation under consideration, in fact, the property is not shipped or transported (the car is already at the disposal of the lessee organization). Therefore, the date of transfer of ownership of the fixed asset to the lessee is equated to the date of shipment, in this case, the date of signing by the parties of the relevant document (act of transfer of ownership) ( paragraph 3 of Art. 167 Tax Code of the Russian Federation).

income tax

Purchased by the lessee property turns on included in depreciable property and refers to items of property, plant and equipment, provided that its cost exceeds 100,000 rubles and the service life is more than 12 months (paragraph 1 of Art. 256, paragraph 1 of Art. 257 Tax Code of the Russian Federation).

The initial cost of an asset is determined as the sum of the costs of its acquisition, which in this case is the redemption price of the property (excluding VAT) ( par. 2 p. 1 art. 257 Tax Code of the Russian Federation).

The objects of depreciable property acquired by the organization that were in use are included in the depreciation group (subgroup) in which they were included from the previous owner ( paragraph 12 of Art. 258 Tax Code of the Russian Federation).

At the same time, an organization acquiring used fixed assets, in order to apply the straight-line depreciation method for these objects, has the right to determine the depreciation rate taking into account the useful life ( SPI), reduced by the number of years (months) of operation of this property by previous owners. In this case, the FTI of these fixed assets can be defined as the period of their useful life established by the previous owner of these fixed assets, reduced by the number of years (months) of operation of this property by the previous owner ( paragraph 7 of Art. 258 Tax Code of the Russian Federation).

This option for determining the SPI for the object of the fixed asset acquired by the organization that was in operation is not the only possible and mandatory application. As a general rule, the STI is recognized as the period during which the fixed asset serves to fulfill the objectives of the taxpayer's activities. The STI is determined by the taxpayer independently as of the date of putting the fixed asset into operation, taking into account the Classification of fixed assets approved by the Government of the Russian Federation ( paragraph 1 of Art. 258 Tax Code of the Russian Federation).

Depreciation on the acquired fixed asset is accrued monthly, starting from the first day of the month following the month of putting it into operation ( paragraph 4 of Art. 259 of the Tax Code of the Russian Federation). Depreciation is recognized as an expense on a monthly basis based on the accrued amount ( paragraph 3 of Art. 272 Tax Code of the Russian Federation).

If redemption price of the leased asset, forming the initial cost of the lessee's own object is less than 100,000 rubles., the cost of purchasing a car will be recognized as part of ma-te-ri-al-th expenses, and not through the depreciation mechanism ( pp. 3 p. 1 art. 254 Tax Code of the Russian Federation).

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According to the law on leasing, property can be accounted for both on the balance sheet of the lessee and the lessor. At the same time, the very fact that property is on a particular balance sheet does not fundamentally affect the formation of the financial result of the transaction or the financial attractiveness of leasing as a tool for tax optimization. Accounting on the balance sheet of the lessee is associated with the need for the lessee to pay property tax. However, when the property is on the balance sheet of the leasing company, the property tax is still paid by the client, only it is reimbursed as part of the lease payments by the client. Since 2013, the tax has been abolished for most groups of movable property. Therefore, there is now no difference in terms of accounting for the parties to the transaction. However, the accounting and reflection of leased property on the balance sheet of the lessee is somewhat more complicated, since the accounting approach in this matter is not fully standardized. At the same time, for real estate, then it should be noted that the leased property is accounted for on the balance sheet of the lessee not by the amount of the acquisition, but by the amount of the entire leasing agreement without VAT, thus, all interest on the transaction, remuneration of the leasing company, additional expenses are subject to property tax , conversions, commissions on letters of credit, etc., which reduces the efficiency of the transaction. The real economic feasibility of accounting for property on the balance sheet of the lessee is present only if the client of the leasing company himself has property tax benefits, which makes it possible not to pay or save significantly in this case. Accounting on the lessee's balance sheet may also be of interest in cases where it is beneficial for a company to show an increase in assets or an increase in book value for its own internal reasons, which usually have nothing to do with economic feasibility.

On the balance sheet of the lessor

The most common situation is the reflection of the subject of leasing on the balance sheet of the leasing company. If the leasing agreement provides for the reflection of the subject of leasing on the balance sheet of the lessor, the lessee shall reflect the leased property on the off-balance account 001 "Leased fixed assets".

The accrual of lease payments is reflected in the credit of account 76 “Settlements with various debtors and creditors” in correspondence with cost accounting accounts: usually account 20.

Postings upon receipt of the leased asset:

Dt 001- the object of leasing is accepted for accounting at a cost without VAT;

Postings on current lease payments:

Dt 60 - Kt 51- advance payment under the leasing agreement is paid;

Dt 76 - Kt 68- offset of VAT from the amount of the advance payment;

The lessee has the right to deduct VAT immediately from the entire amount of the advance payment.

Attribution to expenses of an advance payment under a leasing agreement can be made in the first month or over several months (depending on the structure of the payment schedule).

At the same time, if the advance payment is offset during the entire leasing period or within several months, the lessee is obliged to recover the amount of VAT from the advance payment in the current month every month.

Dt 68 - Kt 76- VAT was restored from a part of the leasing payment for offsetting the advance.

Dt 20 - Kt 76- the leasing payment for the entire amount, including the advance payment, has been accrued.

Dt 19 - Kt 76- VAT has been charged on the lease payment for the entire amount, including the offset of the advance.

Dt 68 - Kt 19- VAT is presented to the budget from the amount of the lease payment.

Dt 76 - Kt 51- transferred lease payment.

Postings for the repurchase of the subject of leasing

If there is a redemption price in the leasing agreement (this amount is absent in the given leasing payment schedule, for example, let's take it equal to 1,180 rubles with VAT), the following entries are made in accounting:

Dt 08 - Kt 76- reflects the costs of repurchasing the leased asset upon transfer of ownership to the lessee (repurchase price).

Dt 19 - Kt 76- VAT is charged on the redemption of the leased asset for the redemption value.

Dt 68 - Kt 19- submitted VAT to the budget.

Dt 76 - Kt 51- the amount of the repurchase of the leased asset has been paid.

Dt 01 - Ct 08- the object of leasing is accepted for accounting as part of own fixed assets, if the value of the object of leasing upon redemption is more than 40 thousand rubles.

Dt 20 - Ct 08- the cost of acquiring the subject of leasing is written off as expenses (when the repurchase is carried out at a conditional or formal price of 1000 or 100 rubles).

On the balance sheet of the lessee

The reflection of the subject of leasing on the balance sheet of the lessee has not been finally regulated, therefore it has several accounting methods with its own characteristics.

The disadvantages of some accounting methods is the fact that there is no possibility of accounting for changes in a leasing transaction, the disadvantages of other methods are, for example, the need to adjust accounting information systems. However, some accounting methods are still associated with tax risks. Let us single out the main methodological problems of accounting for leasing operations by the lessee when accounting for property (the subject of leasing) on ​​its balance sheet.

1) The initial value of the property on the lessee's balance sheet differs from the initial value of the property on the lessor's balance sheet (20-50% difference depending on the terms of the leasing agreement). This means that the lessee's property tax will be 20-50% higher than it would be if it were recorded on the lessor's balance sheet. 122

2) The initial value of the property of the lessee differs significantly in its value according to accounting and tax accounting.

3) If the lease agreement does not specify the useful life of the leased asset and the depreciation method, then they may differ significantly from the lessor, as the main parameters for calculating lease payments, from the lessee, as actually accepted depreciation conditions under the lease agreement. This leads to great difficulties in interrupting and ending the transaction.

4) In accounting, the lessee charges only depreciation to expenses, usually using the straight-line method of accrual. If the schedule of lease payments is uneven, then there is an excess of depreciation over lease payments.

5) When the transaction is interrupted, the lessee has difficulties with the reflection in the accounting of the disposal of property. This applies to both accounting and tax accounting.

6) The tax burden on property tax is much higher than when accounting for property on the balance sheet of a leasing company.

If, under the terms of the lease agreement, the leased property is accounted for on the balance sheet of the lessee, then its value (clause 8 of the Instructions for the reflection in accounting of transactions under the lease agreement, approved by order of the Ministry of Finance of the Russian Federation dated February 17, 1997 No. 15), is reflected in the debit of account 08 “Investments in non-current assets" in correspondence with account 76 "Settlements with various debtors and creditors" excluding VAT payments (clause 8 PBU 6/01).

The Tax Code of the Russian Federation does not define the procedure for determining by the lessee the initial cost of the leased asset that is on the balance sheet of the lessee and the leased asset included by him in the depreciable property. The procedure for the formation of the initial cost of the subject of leasing, defined in paragraph 1 of Art. 257 of the Tax Code of the Russian Federation takes into account only the costs of the lessor associated with the acquisition of the leased asset, which implies the formation of the initial cost of the leased asset from the lessor and does not take into account the situation when the leased asset is accounted for on the balance sheet of the lessee. From this norm and the absence of special norms regarding the determination of the initial cost of the leased asset by the lessee at the time of accepting the property on the balance sheet, it follows that the lessee also accepts the leased asset for tax accounting in the amount of the lessor's expenses associated with the acquisition of the leased asset. Thus, for the purposes of tax accounting, the lessee must have data on the initial cost of the leased object provided by the lessor. The amount of the lessor's expenses for the acquisition of the leased asset must be confirmed by the documents provided by the lessor when transferring the leased asset to the lessee's balance sheet. Such documents are: Act of transfer of property to leasing and Act of acceptance and transfer of fixed assets OS-1.

For more information on the reflection of the subject of leasing in accounting, see the attached reference material prepared by the Leasing Territory agency. The book “Accounting for Leasing Operations” covers in detail the issues of organizing primary documentation for both the lessee and the lessor, considers the features of accounting for the subject of leasing depending on the balance holder, and reveals the differences in accounting for leasing under RAS and IFRS.

L.A. answered the questions. Elina, economist-accountant

Leasing: specific difficulties

Issues related to the accounting of operations under a leasing agreement come to our editorial office with enviable constancy. Moreover, both from lessors and lessees. We decided to publish the answers to the most interesting of them.

The lessee has a different value of the leased asset in tax and accounting records

L.E. Zakirova, St. Petersburg

The leased car is taken into account on our (lessee's) balance sheet. The total amount of leasing payments together with VAT is 1,180,000 rubles. (including VAT 180,000 rubles). The lease payment includes the cost of the leased asset - 800,000 rubles. without VAT. And the last payment is allocated as its redemption value - 9500 rubles. At what cost should we capitalize the object of leasing in accounting and tax accounting?

: In accounting, the initial cost is defined as the sum of all payments under the leasing agreement, excluding VAT. In your case, it is equal to 1,000,000 rubles. (1,180,000 rubles - 180,000 rubles). This amount includes the redemption price (9500 rubles.) clause 8 PBU 6/01.

In tax accounting, a completely different rule applies: the initial cost is equal to the sum of the costs of the lessor for the acquisition of the leased asset. paragraph 1 of Art. 257 Tax Code of the Russian Federation. In your case - 800,000 rubles. But do not forget to get copies of documents confirming his expenses from the lessor.

Intermediary fee for finding a lessor - expense

A.V. Ostapenko, Moscow region

We have entered into a 10-year lease agreement through an agent. The property is recorded on the lessee's balance sheet. Can we write off the cost of paying for the agent's services at a time in the month of signing the report on the services rendered? Or should they be taken into account when forming the initial cost of the leased asset?

: As you understand, it is safest to stretch these costs for the entire duration of the leasing agreement:

• in accounting the intermediary fee must be recognized as the costs associated with the acquisition of a fixed asset, and included in the initial cost clause 8 PBU 6/01. Otherwise, you will underestimate the property tax base;
• in tax accounting in the initial cost of the leased asset, you cannot include the payment for the services of an intermediary. Indeed, in tax accounting, the lessee must take into account the amount of expenses as the initial cost lessor for the purchase of a leased asset paragraph 1 of Art. 257 Tax Code of the Russian Federation.

Thus, in tax accounting, the costs of paying for the services of an agent must be taken into account as an independent expense. There is no strict requirement in the Tax Code to distribute such an expense over the entire term of the leasing agreement. Therefore, some companies immediately write off the payment for services related to the conclusion of the contract as current expenses. And the courts support them see, for example, Decree of the FAS PO dated April 27, 2012 No. A55-17325/2011.

However, the inspectors, referring to the need to comply with the principle of uniform recognition of income and expenses in paragraph 1 of Art. 272 Tax Code of the Russian Federation may well be calculated differently. Thus, in one of the latest letters, the Ministry of Finance expressed the following position: the lessee’s expenses for bringing the leased asset to a state in which it is suitable for operation should be included in the tax “profitable” base during the term of the lease agreement. Letter of the Ministry of Finance of July 27, 2012 No. 03-03-06/1/363.

As specialists of the Ministry of Finance assured us, agency services are not among the expenses that must be stretched over the entire term of the leasing agreement.

FROM AUTHENTIC SOURCES

Consultant of the Department of Tax and Customs Tariff Policy of the Ministry of Finance of Russia

“The initial cost of the leased asset does not include the lessee's expenses for paying for the services of a third-party organization for negotiating with the leasing company. The Tax Code establishes that the initial cost of the leased asset is formed based on the value of the property itself and additional costs incurred by the lessor (and not the lessee). The considered expenses of the lessee may be included in income tax expenses as an independent expense. Moreover, there is no need to write off such expenses gradually - during the term of the leasing agreement. After all, this is not about commissioning and not about the installation of equipment.

Thus, the costs of paying for the services of an agent for concluding a leasing agreement can be taken into account at a time at the date of signing the act of rendering services. Moreover, such costs must comply with the conditions of Art. 252 of the Tax Code of the Russian Federation, that is, they must be economically justified and ” .

STI of the leased asset depends not only on the term of the contract

IN. Sidorov, Leningrad region

Is it possible in accounting and tax accounting to establish the useful life (SLI) of the leased asset based on the duration of the leasing agreement (for example, 2 years)?

: In accounting, you must set the useful life, focusing on the estimated period of time during which you will use the leased asset. If after the completion of the lease agreement you do not redeem the leased asset or after the redemption you immediately plan to sell it, then the useful life of the leased property may be equal to the term of the lease agreement.

But in tax accounting, you should focus on the deadlines established by the OS Classification approved Decree of the Government of 01.01.2002 No. 1. The DPI cannot be less than the minimum period set for the depreciation group. And it doesn't matter how long you plan to use your OS.

Paid an old lessee to take his place? Payment - expense

I.V. Marchenkov, Orel

The subject of leasing is taken into account on the lessor's balance sheet. The lessee has assigned its rights and obligations under the agreement to our company (to the new lessee). We paid him a reward in the amount of 767,000 rubles. How can I account for this amount in tax accounting?

: The remuneration paid by your organization to the old lessee is nothing more than a payment for the transfer of property rights under the lease agreement. It can be taken into account as part of other expenses associated with production and sales. But it is safer to write it off not immediately, but evenly on the last day of each month during the remaining term of the lease agreement, along with current lease payments and sub. 49 paragraph 1 of Art. 264, p. 1, sub. 3 p. 7 art. 272 of the Tax Code of the Russian Federation; Letter No. 26-12/5331 dated January 27, 2004 from the UMNS of Russia for Moscow.

This fee must be subject to VAT. sub. 1 p. 1 art. 146, paragraph 8 of Art. 167 of the Tax Code of the Russian Federation; paragraph 1 of Art. 389 of the Civil Code of the Russian Federation. Therefore, the amount you paid is 767,000 rubles. definitely includes VAT. If so, then you should write off only the amount cleared of VAT for expenses in tax accounting - that is, 650,000 rubles. And the input tax presented by the former lessee (117,000 rubles) on his invoice can be immediately deducted from sub. 1 p. 2 art. 171, paragraph 1 of Art. 172 Tax Code of the Russian Federation.

Change of lessee does not cancel increased depreciation

I.V. Marchenkov, Orel

After signing the lease assignment agreement with the old lessee and receiving the leased property, can we, as the new lessee, use the incremental depreciation factor of 3?

: Yes, you can, but only under certain conditions. It is necessary that the possibility of applying this increased coefficient is provided for both by the leasing agreement itself and by your accounting policy. Letters of the Ministry of Finance dated February 11, 2011 No. 03-03-06 / 1/93, dated July 14, 2009 No. 03-03-06 / 1/463.

In tax accounting, it is also important that the leased asset belongs to the 4-10th depreciation groups (that is, its useful life must be more than 5 years) sub. 1 p. 2 art. 259.3 of the Tax Code of the Russian Federation.

And in accounting, the method of calculating depreciation is important. The acceleration factor can only be applied if you are depreciating using the declining balance method. clause 19 PBU 6/01; p. 54 of the Guidelines, approved. Order of the Ministry of Finance of October 13, 2003 No. 91n; Resolution of the Presidium of the Supreme Arbitration Court dated 05.07.2011 No. 2346/11. If you calculate depreciation using the straight-line method, then increasing factors cannot be applied in accounting. But there is no special meaning in the coefficients, because you set the SPI the way you need it.

Subleasing does not affect the validity of lease payments

DI. Knyazev, Moscow

We took the car under a leasing agreement with a subsequent purchase. The balance holder is the lessor. We (the lessee) pay for car insurance and its registration with the traffic police. Now we have leased this car to a third party.
Can we now tax lease payments, insurance payments and depreciation?

A: Lease payments and car insurance fees are your reasonable expenses. The fact that you have subleased this property (subleasing) does not matter.

But you cannot take into account depreciation as an expense either in tax or in accounting. After all, the subject of leasing is taken into account on the balance sheet of the lessor. paragraph 10 of Art. 258, sub. 1 p. 2 art. 259.3 of the Tax Code of the Russian Federation.

We determine the accounting value of the purchased leased property

I.E. Shemyakina, Murmansk

The car was purchased under a leasing agreement, it was listed on our balance sheet. On the date of its receipt into ownership, the residual value, according to accounting, amounted to 200,000 rubles. The leasing agreement fixed the redemption price - 70,000 rubles. (it was not included in the total amount of lease payments and was not taken into account in the initial cost of the car). At what residual value should the car be recorded on the balance sheet after its redemption: 70,000 rubles. or 200,000 rubles?

WARNING THE MANAGER

Better in a lease agreement allocate the redemption price as an independent payment, payable at the end of the contract. Then there will be no problems taking into account the current lease payments. Letter of the Federal Tax Service of May 26, 2010 No. ShS-37-3 / [email protected] . If the redemption value is not allocated, the inspectors can completely exclude lease payments from expenses and, accordingly, charge additional income tax, penalties and fines. Indeed, according to the tax authorities, payments in terms of the redemption price cannot be written off as current expenses.

: None of the amounts you entered can be the residual value of the purchased leased vehicle. After all, you initially incorrectly determined the initial cost, not including the redemption value in it. While in accounting, the initial cost of the leased asset should be equal to the price of the lease agreement and clause 8 PBU 6/01. Moreover, this cost should include the redemption price of the leased asset, regardless of whether it is allocated separately in the contract or not. clause 3 PBU 10/99. Therefore, in order to determine the correct residual value, it is necessary to recalculate the initial cost, as well as all accrued depreciation on the car.

Do not forget also that the residual value of fixed assets affects the amount of property tax. Therefore, you will have to recalculate this tax, pay it in addition to penalties and submit revised tax returns.

IN AND. Hikerov, Yekaterinburg

We bought it for less than 40,000 rubles. a leasing car, which was taken into account on the balance sheet of the lessor. Is it allowed to account for this car in the debit of account 10 as part of inventories in accounting and a one-time write-off in tax accounting?

: Yes, in accounting you can take into account the purchased car on account 10 "Materials" pp. 4, 5 PBU 6/01.

And in tax accounting, you can immediately write off the cost of the purchased property as expenses sub. 3 p. 1 art. 254, paragraph 1 of Art. 256 of the Tax Code of the Russian Federation; Letter of the Ministry of Finance of June 10, 2009 No. 03-03-06/1/391.

The subject of leasing will be sold - consider it as a commodity

M.V. Neschikov, Kostroma

The cars acquired by us on lease were taken into account on the lessor's balance sheet. The last lease payment, which our organization has transferred, is considered as a redemption value. We plan to immediately sell these cars. Can we: ignore cars on account 01; do not register them with the traffic police; not pay transport tax?

: You must accept cars on the balance sheet, because you need to show that you received assets. However, since you plan to immediately sell these cars, they need to be reflected in account 41 "Goods". If you do not operate the cars yourself after receiving ownership and immediately sell them, then you do not need to register with the traffic police clause 3 of the Government Decree of 12.08.94 No. 938. Therefore, you will not have to pay transport tax either. Art. 358 of the Tax Code of the Russian Federation; Letter of the Ministry of Finance dated 01.08.2011 No. 03-05-05-04/18.

E.V. Vedernikova, Tver

Our organization purchased a car on lease (it was on our balance sheet). After 3 years of the leasing agreement, we bought this car ahead of schedule, and then decided to sell it. It turned out that the sale price is lower than the residual value of the car according to tax records. Can we recognize a loss from the sale of a car in tax accounting at a time?

A: It depends on how you account for the car after you buy it.

OPTION 1. If you took into account the purchased car in tax accounting as a fixed asset, then the situation is as follows. You have acquired fixed assets and determined its initial cost as the sum of the costs of repurchasing the leased asset. Then you sell this OS (regardless of whether you accrued depreciation on it at least once or not). If the sale price is less than the residual value of the car, then you have a loss. It must be taken into account for tax purposes evenly over the time remaining until the end of its useful life. paragraph 3 of Art. 268, art. 323 of the Tax Code of the Russian Federation.

OPTION 2. If on the date of redemption you have already decided that you will sell the purchased car, you immediately receive it as a product. In this case (regardless of the redemption value of the car), you are no longer selling the OS, but the purchased goods. And the loss from the sale of such purchased goods can be fully taken into account when calculating income tax. There are no restrictions in the tax code: income from the sale of goods is reduced by the costs associated with its acquisition m sub. 3 p. 1 art. 268 Tax Code of the Russian Federation.

Further expenses for the repair of the leased asset do not increase its value

I.K. Agafiev, Sochi

The redemption price of the subject of leasing is 35,000 rubles, previously it was taken into account on the lessor's balance sheet. If in the future we (the former lessee) incur expenses for the repair of the car, the purchase of spare parts and tires, will we have to increase the cost of the car or can such expenses be written off immediately (both in tax and accounting records)?

: The cost of car repairs, the purchase of spare parts and tires can be immediately taken into account as independent expenses, regardless of whether you have the car itself as an OS or not. It is not necessary to increase the initial cost by their amount. Moreover, this rule applies both in accounting and in tax accounting. pp. 4, 6 PBU 6/01; paragraph 1 of Art. 257, art. 260 Tax Code of the Russian Federation.

Tax accounting of purchased property

Yu.V. Krasikova, Zheleznodorozhny

They redeemed the subject of leasing, the redemption price is 100,000 rubles. without VAT. In tax accounting, its residual value at the date of redemption is 780,000 rubles. What value should be taken to calculate tax depreciation after the buyout?

: In tax accounting, this property is accounted for differently in different periods:

• during the period of validity of the leasing agreement - as a subject of leasing. Its initial cost is the sum of the costs of the lessor for its acquisition. paragraph 1 of Art. 257 Tax Code of the Russian Federation. For the purposes of tax accounting, depreciation of the leased asset and a part of the lease payment exceeding the amount of accrued depreciation are monthly accepted as expenses. Thus, the residual value of the leased property on the date of its redemption (in your case, 780,000 rubles) does not matter in tax accounting. You can just forget about it. After all, everything that you paid the lessor as current payments, you have already recognized as expenses;
• after the repurchase of the leased asset - as its own fixed assets or low-value property. Its initial cost is the purchase price plus the additional costs associated with the purchase of property and paragraph 1 of Art. 257 Tax Code of the Russian Federation. Your initial cost is equal to the redemption price (100,000 rubles), therefore, you receive the purchased property as a fixed asset.

L.E. Semenov, Rostov

Our organization has entered into a non-redeemable leasing agreement for equipment. It was listed on the balance sheet of the lessor. After the expiration of the leasing agreement, we did not return the object of leasing, but kept it with us, concluding a purchase and sale agreement with the lessor. Equipment price - 250,000 rubles. When transferring equipment, the lessor issued an act of acceptance and transfer of OS-1, where he indicated the residual value of 900,000 rubles. We capitalized both in accounting and in tax accounting equipment at an agreed price of 250,000 rubles.
The inspectorate took for the initial cost of the equipment its residual value from the lessor (900,000 rubles) and charged us additional property tax. Are our inspectors right?

A: Your inspection is wrong. After all, to calculate property tax, the cost of fixed assets should be taken into account according to your accounting data, and not according to the accounting data of the seller of this OS. And in your accounting, the initial cost is 250,000 rubles.

After the redemption, the leasing coefficient cannot be applied

S.A. Zaitsev, Moscow

The fixed asset was received into ownership on the basis of a leasing agreement. Is it possible to continue accruing depreciation on it with an increasing lease coefficient after its redemption?

: No you can not. Despite the fact that the fixed asset was received by you under a leasing agreement, after the redemption, this agreement is no longer valid. Therefore, such a fixed asset can no longer be considered as a leased asset. Therefore, increasing leasing depreciation rates cannot be applied. pp. 1, 2 art. 31 of the Law of October 29, 1998 No. 164-FZ; paragraph 10 of Art. 258, sub. 1 p. 2 art. 259.3 of the Tax Code of the Russian Federation.

S.Ya. Likrichi, Zheleznogorsk

We are a lessor, the lease agreement is concluded for 5 years. In tax accounting, we accrued depreciation on leased property with a coefficient of 3. Only 1 year has passed since the date of conclusion of the contract, but the lessee wants to redeem the leased asset ahead of schedule. Will we have to recalculate depreciation (excluding factor 3) due to such early redemption?

: No, you do not have to recalculate the previously accrued depreciation. After all, you were entitled to apply a special coefficient to the depreciation rate during the term of the leasing agreement and ; Decree of the Government of 17.01.2002 No. 19. In the leasing agreement, we indicated that the entire amount of the leasing agreement consists only of the redemption value of the leased asset - 3,000,000 rubles. There is no division of the amount into the redemption value and payments for leasing services. Is this transaction subject to VAT? If yes, in what part?

: Since in your case all payments under the agreement are equal to the redemption price, this is essentially not a leasing agreement, but a sale and purchase agreement. In theory, this means that you can apply for a VAT exemption sub. 1 p. 2 art. 149 Tax Code of the Russian Federation. But since you called your agreement a leasing agreement, you may have problems. After all, the inspectors believe that there is no VAT exemption for leasing operations with such medical equipment in the Tax Code. Letter No. 19-11/65367 of the Federal Tax Service for Moscow dated September 14, 2005.

The redemption value of the leased asset is the price for which the lessee acquires the property provided for by the agreement and becomes its owner. It is important that the possibility of redemption arises at the end of the leasing agreement.

We suggest considering what the redemption value of an object is, what pitfalls exist in determining it, and how to avoid litigation with tax authorities.

How is it different from regular payments?

It is important to distinguish the redemption payment from regular payments, since from an economic point of view, it is a payment for the acquisition of property.

Other distinguishing features:

How is it determined?

The clause on the redemption value of the leased property assumes that the agreement will contain 2 (least!) agreements - directly on the lease and additionally on the sale (the provisions of this transaction are applicable only to the conditions that determine the procedure for the redemption of property).

Redemption amount:

• Included in the amount of regular contributions as a separate item. In this case, it is considered as an advance payment and is taken into account until the asset is repurchased;
• Not included in regular contributions. Then it is paid at a time at the end of the agreement period.

Registration of the contract

We draw your attention to 3 important conditions:

1. Detailed description of the redemption price. The form of contribution is determined - a lump sum or as part of regular contributions.
2. Terms of application. There may be 2 ways - payment with the last regular installment or payment after the end of the agreement period.
3. Clearly defined transfer of ownership. Participants are advised to agree on exactly how the LC will re-register the subject of the transaction.

The amount of the redemption value

The redemption amount is subject to mandatory indication in the agreement. Several factors influence its determination:

• An initial fee. Its amount is determined by the liquidity of the asset and the economic situation prevailing at the enterprise (IE). Usually the amount of the down payment is 20-30% of the value of the subject of the contract, but some LCs offer to conclude a deal without paying it at all;
• Leasing duration. In practice, it is often equated to the useful life of the property. However, the parties have the right to determine the duration of the transaction on their own, and usually it is no more than 7-10 years for real estate, and 3-4 years for vehicles.
• Useful life of the property. The parties determine how long the item can be used for its original purpose. Additionally, planned wear is taken into account.

It is important that if the redemption value of the item is entered into the agreement as a separate amount, then it should not be underestimated! In a different situation, tax officials will consider that the ransom is "hidden" in regular contributions and acted as an advance, included in expenses illegally. The consequence is the need to recalculate the taxable base of a legal entity or an individual entrepreneur.

Definition example

We propose to consider the mechanism for determining and calculating the residual price on a specific example - a vehicle.

Initial data:

• car price - 500 000 rubles,
• duration of the agreement 1 year,
• making regular payments monthly,
• amount of regular payments - 20% of the total value of the asset (on an annual basis) + payment of the initial price of transport, which is 20,000 rubles.

In accordance with these provisions, the amount of compensation to the LK will be equal to 60,000 rubles. You need 500,000 rubles. (asset value) / 100 and multiply by 12 (contract period). Regular payments will amount to 5,000 rubles (60,000/12) monthly. So, the redemption price will be 260,000 rubles. (500,000 - 240,000 rubles).

Specifying Options

Usually, the residual payment under a leasing transaction is fixed in the contract in several sizes at once (depending on the situation):

• Early redemption of an asset. The cost includes the balance of the outstanding debt, the profitability of the lessor;
• Termination of an agreement. A penalty is paid for early repayment (provided that the possibility of early repayment is not included in the rate);
• Termination of the agreement. The nominal value of the asset or another value is entered, but not less than that provided for by tax accounting.

The participants in the transaction strive to ensure that the buyback is as close as possible to the residual value of the asset according to tax accounting. If the property is depreciated in full for the entire leasing period, then its value is determined by the conditional (nominal) value - 1 ruble or 1,000 rubles.

Forms for determining the redemption price

The redemption of property that is the subject of a leasing agreement is carried out by the lessee and can be carried out in one of 3 forms:

Situation No. 1 - payment is determined by agreement of the parties

If the residual value is reflected in the contract, and the lessee pays it at the end of the validity period or before this moment, then he acquires the ownership of the property. An ideal option for all parties, excluding disputes.

Situation No. 2 - drawing up a separate contract

The residual price of the item is not indicated in the provisions of the leasing agreement - it is determined by a separate agreement (on the recommendation of the Ministry of Finance of the Russian Federation). It is attached to the main agreement.

Situation No. 3 - the price is not determined

If the amount of the residual payment is not indicated either in the lease agreement or in the independent buyout agreement, then the only option left is that it is included in the amount of regular payments paid for temporary use.

Risk for the participants in the transaction

By specifying the minimum residual payment in the contract, or not specifying it at all, the parties to the transaction put themselves in a risky position. Let's see what it consists of?

1. Lessor. By including the redemption value of the asset in regular payments, he risks, upon termination of the agreement and the return of the used asset, to receive a demand from the legal entity (IE) for the return of the residual value paid by him “under cover” of regular payments.
2. Lessee. In fact, it violates the provisions of the Tax Code of the Russian Federation and disregards the recommendations of the Ministry of Finance of the Russian Federation that the costs of depreciable property should not be included in the list of expenses.

However, the final point in the topic related to the establishment of the residual value of the asset has not been established by law.

How to avoid litigation?

In order to avoid conflicts with tax officials and not bring the case to trial, it is necessary to include the following provisions in the leasing agreement:

• Include the possibility for the lessee to acquire the item even if the transaction is terminated (subject to the consent of both participants).

The document can indicate the factors that the parties recognize as an indisputable violation (non-fulfillment) of obligations. Their presence is an obvious reason for the termination of the contract. Determine the possibility of terminating the agreement before its expiration by both parties - the lessor and the lessee.

• Include the right of the parties to determine the amount and method of paying the ransom after the participants fulfill their obligations.

Indicate in the document that the ownership of the assets passes to the legal entity (individual entrepreneur) after the expiration of the contract. There would then be no reason for tax officials to make claims regarding regular contributions, since they would not include a residual element.

Receiver's transactions

For the lessee, the formation of entries will depend on whose balance the property is transferred to. If it is contained on the recipient's balance sheet, then its value will be accounted for as follows:

The leasing of real estate, vehicles and other objects is subject to the provisions of the Civil Code of the Russian Federation, among which are the rules on the redemption of leased property. Certain issues related to the determination of the redemption price are considered in the letter of the Ministry of Finance of the Russian Federation N 03-03-04/1/348.

In accordance with it, the redemption value is subject to consideration as expenses for the acquisition of a depreciable object. As you know, such property is not included in the taxable base, therefore no tax is paid on it.

Such a position of the Ministry of Finance of the Russian Federation forces leasing companies to reflect in the contract the amount of the repurchase of the item, while in practice, when making a transaction, it is usually nominal and amounts to 1,000 rubles.

Individuals or legal entities acquiring depreciable property must transfer the redemption amount in a separate payment. It is considered as an expense for the purchase of an object and is posted in accounting on account 01.

What is the difference between the opinion of the court and the Ministry of Finance of the Russian Federation?

It is important to consider one more nuance - The Ministry of Finance of the Russian Federation and the Federal Tax Service limit the right of the lessee to enter the redemption amount in the list of expenses until the transfer of ownership to him.

In the opinion of the named state bodies, the funds received on account of the buyout should be considered as advance payments for the purchase of the subject of the agreement. Such a scheme is in effect until the ownership is registered to the recipient.

Therefore, the acquirer does not have the right to reflect the redemption amount in expenses. Only after the re-registration of the ownership right, it should be accounted for through depreciation of the subject of the leasing agreement.

Judges have a different opinion - when considering cases, they rely on the fact that that the redemption amount is not required to be allocated from the lease payment. They are subject to reflection as expenses of the period in which they were transferred, and the presence (absence) of ownership does not matter.

How should an enterprise or a private entrepreneur act in such a situation? If you want to avoid disputes with the tax office, it is recommended to reflect payments through depreciation (as recommended by the Ministry of Finance!). Otherwise, you will have to defend your position in court, and this is a waste of free time, money and effort.

Pros and cons of definition

The redemption value of the property is an important element of the lease agreement. Its indication has its advantages and disadvantages.

pros:

• Certainty. Each participant in the transaction knows in advance, after paying what amount, the lessee acquires ownership of the item;
• legality. The Civil Code of the Russian Federation regulates that leasing is a type of lease, so the determination of the residual price is mandatory.

Minuses:

• Non-compliance with the law. The residual price of property in 60-67% of situations does not comply with the provisions of the Tax Code of the Russian Federation and the rules for processing accounting documents, which gives rise to significant contradictions in data accounting.

Instead of output

So, the redemption value is an important provision of the leasing agreement. It can be specified in one of the provisions of the agreement or in a separate document regulating the procedure for making a buyout and transferring ownership of the property to the lessee. In any case, payment of the redemption payment is an indisputable basis for acquiring the subject of the contract.