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

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

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

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

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

At the end 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 rental amount and part of the purchase price, and in the second option, only the rent. The surrender price is paid after all lease payments have been made under a separate purchase and sale agreement. All other calculations and records are carried out in the same way both in accounting and 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 accounting is formed taking into account the redemption value and is 1,200,000 rubles.

The amount of depreciation per month according to the BU: 1,200,000. x 1.38889% = 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 must reflect in accounting and tax accounting.

in accounting for expenses between BU and NU

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

*** the useful life can be established taking into account the operating life of the asset in leasing, if the terms of the corresponding depreciation group allow (for example, 62 months, as in BU). In this example, the SPI for NU differs from the SPI in accounting.

It is obvious that accounting, due to differences in the requirements of accounting and tax legislation for accounting for leasing operations in the case where, under the terms of the agreement, the property is included in the balance sheet of the lessee, is quite complex and will require attention and patience from the accountant.

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

Initial data of the Example (reproduced for convenience):

The fixed assets under the leasing agreement are accounted for on the balance sheet of the lessee.

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

The leasing payment period is 10 months.

Leasing payments are paid evenly monthly in the amount of 115,000 rubles, in addition to VAT of 20,700 rubles. 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 the asset was leased.

The purchase price of the asset at the end of the leasing period is 50,000 rubles, in addition to VAT 9,000 rubles.

Depreciation calculation 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%.

Amount of depreciation per month according to accounting records: RUB 1,200,000. x 1.38889% \u003d 16,666.67 rubles.

Amount of depreciation per month according to NU: 800,000 rubles. x 1.38889% \u003d 11,111.11 rubles.

* The difference contains elements of both permanent and temporary differences (different initial costs lead to a permanent difference, and different SPI leads to temporary differences). However, since the labor costs for identifying permanent and temporary differences are large, we believe that this difference can be reflected as permanent

In accounting leased property received under a leasing agreement and accounted for on the balance sheet of the lessor, at 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 Leasing Instructions) to the extent that does not contradict current regulatory acts on accounting).

The leased asset is accounted for in account 001 at a valuation equal to the total amount of the leasing agreement. In this case, the final assessment consists of the total amount of leasing payments and the redemption value, including VAT ( Chart of accounts for accounting 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 leasing property from the off-balance sheet account is made when it return or redemption (clause 10 and clause 11 of the Leasing Guidelines).

After the end of the lease period and payment of the redemption value of the leased item, the lessee - the new owner must accept the vehicle on his balance sheet.

The amount of the redemption price is established in the leasing agreement.

Due to the fact that the leased object being purchased - a 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.

A fixed asset object is accepted for accounting at its initial cost, which, when purchased for a fee, recognizes the amount of the organization's actual costs for the acquisition of this object, with the exception of VAT and other refundable taxes ( clauses 7, 8 PBU 6/01 “Accounting for fixed assets”).

If the amount of costs for the acquisition of a fixed asset (redemption value excluding VAT and other costs for the acquisition of an object) exceeds the established limit 40,000 rub., the acquired asset is accepted onto the organization’s balance sheet as a main means (clause 5 PBU 6/01 “Accounting for fixed assets”).

The cost of a fixed asset is repaid through depreciation ( clauses 17, 18 PBU 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 rub. per unit, can be reflected in accounting and financial statements as part of inventories (clause 5 PBU 6/01 “Accounting for fixed assets”).

Accounting entries for accounting for redemption value:

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

VAT

VAT presented by the lessor when purchasing property intended for use in transactions subject to VAT, the organization - li-zin-go-po-lu-cha-tel has the right to accept deduction based on invoice, issued by the lessor and executed in compliance with the requirements of the law, after the property has been accepted for registration and in the presence of the relevant primary documents ( pp. 1 item 2 art. 171, paragraph 1, 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 counting from the date of shipment of the goods ( clause 3 art. 168 Tax Code of the Russian Federation).

In the situation under consideration, the property is not actually shipped or transported (the car is already at the disposal of the lessee organization). Consequently, 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) ( clause 3 art. 167 Tax Code of the Russian Federation).

Income tax

Purchased by the lessee property turns on included in depreciable property and relates to fixed assets, provided that its value exceeds 100,000 rubles and the service life is more than 12 months (clause 1 art. 256, paragraph 1, art. 257 Tax Code of the Russian Federation).

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

Used depreciable property items purchased by an organization are included in the depreciation group (subgroup) in which they were included from the previous owner ( clause 12 art. 258 Tax Code of the Russian Federation).

At the same time, an organization acquiring used fixed assets, in order to apply the linear method of calculating depreciation 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 the previous owners. In this case, the SPI of these fixed assets can be defined as 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 ( clause 7 art. 258 Tax Code of the Russian Federation).

This option for determining SPI for a previously used fixed asset acquired by an organization is not the only possible one and is mandatory for use. According to the general rule, SPI recognizes the period during which the fixed asset serves to fulfill the goals of the taxpayer’s activities. SPI is determined by the taxpayer independently on 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 ( clause 1 art. 258 Tax Code of the Russian Federation).

Depreciation on an acquired fixed asset is accrued monthly, starting from the first day of the month following the month of its commissioning ( clause 4 art. 259 Tax Code of the Russian Federation). Depreciation is recognized as an expense monthly based on the accrued amount ( paragraph 3 of Art. 272 Tax Code of the Russian Federation).

If redemption price of the leased asset, which forms the initial cost of the lessee’s own property is less than 100,000 rubles., the cost of purchasing a car will be recognized as part of ma-te-ri-al 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 recorded on the balance sheet of both the lessee and the lessor. At the same time, the very fact that property is on one or another balance sheet does not fundamentally affect the formation of the financial result of the transaction or the financial attractiveness of leasing as a tax optimization tool. Accounting on the lessee's balance sheet is associated with the lessee's need to pay property tax. However, when the property is on the balance sheet of the leasing company, property tax is still paid by the client, only it is reimbursed as part of the leasing payments by the client. Since 2013, the tax has been abolished for most groups of movable property. Therefore, there is now no difference from an accounting point of view for the parties to the transaction. However, accounting for and reflecting leased property on the lessee’s balance sheet is somewhat more complicated, since the accounting approach in this matter is not fully standardized. At the same time, for real estate, it is worth noting that leased property is accounted for on the balance sheet of the lessee not according to the purchase amount, but according to the amount of the entire leasing agreement without VAT, thus, all interest on the transaction, remuneration of the leasing company, and 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 lessee's balance sheet is present only if the leasing company's client himself has property tax benefits, which allows him to avoid paying or save significantly in this case. Accounting on the lessee's balance sheet may also be interesting 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 no connection with economic feasibility.

On the balance sheet of the lessor

The most common situation is the reflection of the leased asset on the balance sheet of the leasing company. If the leasing agreement provides for the reflection of the leased asset on the lessor’s balance sheet, the lessee reflects the leased property on off-balance sheet account 001 “Leased fixed assets”.

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

Postings upon receipt of the leased asset:

Dt 001- the leased asset is accepted for accounting at cost excluding VAT;

Postings for current lease payments:

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

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

The lessee has the right to deduct VAT from the entire advance payment amount at once.

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

Moreover, if the advance is offset during the entire leasing term or for several months, the lessee is obliged to restore the amount of VAT every month from the advance offset in the current month.

Dt 68 - Kt 76- VAT has been restored on part of the leasing payment to offset the advance payment.

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

Dt 19 - Kt 76- VAT is charged on the leasing payment for the entire amount, including offset of the advance payment.

Dt 68 - Kt 19- VAT was submitted to the budget on the amount of the leasing payment.

Dt 76 - Kt 51- leasing payments are listed.

Postings for the redemption of the leased asset

If there is a buyout price in the leasing agreement (this amount is not included in the leasing payment schedule, for example, let’s take it equal to 1,180 rubles including 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 (purchase price).

Dt 19 - Kt 76- VAT is charged on the redemption of the leased asset at the redemption price.

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

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

Dt 01 - Kt 08- the leased asset is accepted for accounting as part of its own fixed assets if the cost of the leased asset upon redemption is more than 40 thousand rubles.

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

On the lessee's balance sheet

The reflection of the leased asset on the lessee's balance sheet has not been fully regulated, and therefore has several accounting methods with their own characteristics.

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

1) The initial cost of the property on the lessee’s balance sheet differs from the initial cost of the property on the lessor’s balance sheet (the difference is 20-50% 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 recorded on the lessor’s balance sheet. 122

2) The initial cost of the lessee's property varies significantly in its value according to accounting and tax records.

3) If the leasing 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 the actually accepted depreciation conditions under the leasing agreement. This leads to great difficulties in interrupting and terminating the transaction.

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

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

6) The tax burden for property tax is significantly 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 on the reflection in accounting of transactions under the lease agreement, approved by order of the Ministry of Finance of the Russian Federation of 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 of 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 on the balance sheet of the lessee and the leased asset included by him in the depreciable property. The procedure for forming the initial cost of the leased asset, defined in paragraph 1 of Art. 257 of the Tax Code of the Russian Federation takes into account only the lessor's expenses 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 taken into account on the balance sheet of the lessee. From this rule and the absence of special rules regarding the determination of the initial cost of the leased asset by the lessee at the time the property is accepted 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 tax accounting purposes, the lessee must have data on the initial cost of the leased asset provided by the lessor. The amount of the lessor's expenses for the acquisition of the leased asset must be confirmed by documents provided by the lessor when transferring the leased asset to the balance of the lessee. Such documents are: Certificate of transfer of property for leasing and Certificate of acceptance and transfer of fixed assets OS-1.

For more detailed information on reflecting the leased asset in accounting, read 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, examines the features of accounting for the leased asset depending on the balance sheet holder, and reveals the differences between accounting for leasing under RAS and IFRS.

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

Leasing: specific difficulties

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

The lessee has different values ​​of the leased asset in tax and accounting records

L.E. Zakirova, St. Petersburg

The leased car is recorded on our (lessee's) balance sheet. The total amount of leasing payments including VAT is RUB 1,180,000. (including VAT RUB 180,000). The leasing payment includes the cost of the leased item - 800,000 rubles. without VAT. And the last payment is highlighted as its redemption value - 9,500 rubles. At what cost should we capitalize the leased asset 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. (RUB 1,180,000 – RUB 180,000). This amount also includes the redemption price (9,500 rubles) clause 8 PBU 6/01.

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

Payment to an intermediary for finding a lessor is an expense

A.V. Ostapenko, Moscow region.

We entered into a leasing agreement for a period of 10 years through an agent. The property is recorded on the lessee's balance sheet. Can we write off the costs of paying for an agent's services as a lump sum in the month of signing the report on 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 spread out these costs over the entire term of the leasing agreement:

• in accounting the fee to the intermediary must be recognized as expenses associated with the acquisition of fixed assets and included in the initial cost clause 8 PBU 6/01. Otherwise, you will underestimate the property tax base;
• in tax accounting You cannot include payment for the services of an intermediary into the initial cost of the leased item. 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 item paragraph 1 of Art. 257 Tax Code of the Russian Federation.

Thus, in tax accounting, the costs of paying for an agent’s services must be taken into account as an independent expense. The Tax Code does not have a strict requirement to distribute such expenses over the entire term of the leasing agreement. Therefore, some companies immediately write off payment for services related to concluding a contract as operating expenses. And the courts support them see, for example, Resolution of the Federal Antimonopoly Service dated April 27, 2012 No. A55-17325/2011.

However, the inspectors, citing 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, they may well think otherwise. 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 use should be included in the tax “profitable” base during the term of the leasing agreement. Letter of the Ministry of Finance dated July 27, 2012 No. 03-03-06/1/363.

As experts from the Ministry of Finance assured us, agency services are not an expense that must be extended 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 conducting negotiations with the leasing company. The Tax Code establishes that the initial cost of the leased asset is formed based on the cost of the property itself and additional expenses incurred by the lessor (and not the lessee). The lessee's costs in question 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, we are not talking about commissioning and 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 on the date of signing the act of provision of services. Moreover, such costs must meet the conditions of Art. 252 of the Tax Code of the Russian Federation, that is, they must be economically justified and.”

SPI of the leased asset depends not only on the duration of the agreement

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 Government Decree No. 1 dated 01.01.2002. 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 the old lessee to take his place? Payment is an expense

I.V. Marchenkov, Orel

The leased asset is recorded on the lessor's balance sheet. The lessee assigned his rights and obligations under the agreement to our company (to the new lessee). We paid him a remuneration of 767,000 rubles. How to take this amount into account 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 leasing 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 leasing agreement, together with current leasing payments and subp. 49 clause 1 art. 264, paragraph 1, sub. 3 paragraph 7 art. 272 Tax Code of the Russian Federation; Letter of the Department of Tax Administration of Russia for Moscow dated January 27, 2004 No. 26-12/5331.

Such fees must be subject to VAT subp. 1 clause 1 art. 146, paragraph 8 of Art. 167 Tax Code of the Russian Federation; paragraph 1 of Art. 389 Civil Code of the Russian Federation. Therefore, the amount you paid is RUB 767,000. certainly includes VAT. If this is so, then you should write off only the amount cleared of VAT as expenses in tax accounting - that is, 650,000 rubles. And the input tax presented by the previous lessee (RUB 117,000) according to his invoice can be immediately deducted from subp. 1 item 2 art. 171, paragraph 1, art. 172 Tax Code of the Russian Federation.

Changing the lessee does not cancel the increased depreciation

I.V. Marchenkov, Orel

After signing the assignment of rights under the leasing agreement with the old lessee and receiving the leased property, can we, as a new lessee, use an increasing depreciation factor of 3?

: Yes, you can, but only if a number of conditions are met. 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 02/11/2011 No. 03-03-06/1/93, dated 07/14/2009 No. 03-03-06/1/463.

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

And in accounting, the method of calculating depreciation is important. The acceleration factor can only be used if you are depreciating using the reducing balance method. clause 19 PBU 6/01; clause 54 of the Methodological Instructions, approved. By Order of the Ministry of Finance dated October 13, 2003 No. 91n; Resolution of the Presidium of the Supreme Arbitration Court of July 5, 2011 No. 2346/11. If you calculate depreciation using the linear method, then you cannot use increasing factors in accounting. But there is no special meaning in the coefficients, because you set the SPI as you need.

Sublease does not affect the validity of lease payments

DI. Knyazev, Moscow

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

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

But you cannot take depreciation into account as an expense either in tax or accounting. After all, the leased asset is taken into account on the balance sheet of the lessor clause 10 art. 258, sub. 1 item 2 art. 259.3 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 on our balance sheet. On the date of receipt of ownership, the residual value, according to accounting data, 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?

WE WARN THE MANAGER

Better in a leasing agreement highlight the redemption price as an independent payment, payable at the end of the contract. Then there will be no problems taking into account current leasing payments Letter of the Federal Tax Service dated May 26, 2010 No. ШС-37-3/2514@. If the redemption value is not allocated, inspectors can completely exclude leasing payments from expenses and, accordingly, charge additional income tax, penalties and fines. After all, according to tax authorities, payments regarding the redemption price cannot be written off as current expenses.

: None of the amounts you specify can be the residual value of the leased vehicle purchased. After all, you initially incorrectly determined the initial cost, not including the redemption value. While in accounting the initial cost of the leased asset must be equal to the price of the leasing agreement clause 8 PBU 6/01. Moreover, this cost must include the redemption price of the leased asset, regardless of whether it is highlighted separately in the agreement or not. clause 3 PBU 10/99. Therefore, to determine the correct residual value, it is necessary to recalculate the original 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 along with penalties and submit updated tax returns.

IN AND. Khikerov, Ekaterinburg

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

: Yes, in accounting you can record the purchased car in 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 an expense subp. 3 p. 1 art. 254, paragraph 1, art. 256 Tax Code of the Russian Federation; Letter of the Ministry of Finance dated June 10, 2009 No. 03-03-06/1/391.

The leased item will be sold - consider it as a product

M.V. Neschikova, Kostroma

The cars we purchased on lease were recorded on the lessor's balance sheet. The last lease payment that our organization transferred is considered as the redemption value. We plan to sell these cars immediately. Can we: ignore cars in account 01; do not register them with the traffic police; not pay transport tax on them?

: You must accept the cars on your balance sheet, because you must show that you received the assets. However, since you plan to sell these cars immediately, 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 them with the traffic police. clause 3 of Government Decree No. 938 dated 12.08.94. Therefore, you won’t have to pay transport tax either. Art. 358 Tax Code of the Russian Federation; Letter of the Ministry of Finance dated 08/01/2011 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 one-time loss from the sale of a car in tax accounting?

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

OPTION 1. If you took into account the purchased car in tax accounting as a fixed asset, then the following situation has developed. You purchased an asset and determined its initial cost as the sum of the costs of repurchasing the leased asset. Then you sell this asset (regardless of whether you have depreciated 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 expiration of its useful life. clause 3 art. 268, Art. 323 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 subp. 3 p. 1 art. 268 Tax Code of the Russian Federation.

Further expenses for repairs of the leased item do not increase its value

I.K. Agafyeva, 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 costs of car repairs, the purchase of spare parts and tires can be immediately taken into account as independent expenses, regardless of whether the car itself is listed as OS or not. There is no need to increase the initial cost by their amount. Moreover, this rule applies both in accounting and 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

We purchased the leased asset, the purchase price was 100,000 rubles. without VAT. In tax accounting, its residual value on the date of redemption is 780,000 rubles. What value should be taken to calculate tax depreciation after redemption?

: In tax accounting, this property is taken into account differently in different periods:

• during the period of validity of the leasing agreement - as the subject of leasing. Its initial cost is the sum of the lessor's costs for its acquisition. paragraph 1 of Art. 257 Tax Code of the Russian Federation. Expenses for tax accounting purposes include monthly depreciation of the leased asset and the part of the lease payment that exceeds the amount of accrued depreciation. 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 simply forget about it. After all, everything that you paid to the lessor as current payments, you have already recognized as expenses;
• after repurchase of the leased asset - as your own fixed assets or low-value property. Its initial cost is the redemption price plus additional costs associated with the redemption of property paragraph 1 of Art. 257 Tax Code of the Russian Federation. Your initial cost is equal to the redemption price (RUB 100,000), therefore, you receive the purchased property as a fixed asset.

L.E. Semenova, Rostov

Our organization entered into a non-purchase lease agreement for equipment. It was listed on the lessor's balance sheet. After the end of the lease agreement, we did not return the leased item, but kept it, having concluded a purchase and sale agreement with the lessor. Equipment price - 250,000 rubles. When transferring the equipment, the lessor executed a transfer and acceptance certificate OS-1, where he indicated the residual value of 900,000 rubles. We capitalized the equipment in both accounting and tax accounting at a negotiated price of 250,000 rubles.
The inspectorate accepted its residual value from the lessor (900,000 rubles) as the initial cost of the equipment and assessed additional property tax to us. Is our inspection correct?

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

After the buyout, the leasing coefficient cannot be applied

S.A. Zaitsev, Moscow

The fixed asset was acquired on the basis of a leasing agreement. After its redemption, is it possible to continue to charge depreciation on it with an increasing leasing coefficient?

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

S.Ya. Likrichi, Zheleznogorsk

We are the lessor, the leasing agreement is concluded for 5 years. In tax accounting, we calculated depreciation on leased property with a coefficient of 3. Only 1 year has passed since the date of the agreement, but the lessee wants to buy out the leased asset ahead of schedule. Will we have to recalculate depreciation (without taking into account factor 3) due to such an early redemption?

: No, you will not have to recalculate previously accrued depreciation. After all, you had the right to apply a special coefficient to the depreciation rate during the term of the leasing agreement. ; Government Decree No. 19 dated January 17, 2002. 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 price 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 purchase price, this is essentially not a leasing agreement, but a purchase and sale agreement. In theory this means you can apply the VAT exemption subp. 1 item 2 art. 149 Tax Code of the Russian Federation. But since you called your agreement a leasing agreement, you may have problems. After all, inspectors believe that there is no exemption from VAT for leasing operations with such medical equipment in the Tax Code Letter from the Federal Tax Service for Moscow dated September 14, 2005 No. 19-11/65367.

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

We propose to consider what the redemption value of an object is, what pitfalls exist in determining it, and how to avoid legal disputes with the 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 distinctive 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 purchase and sale (the provisions of this transaction are applicable only to the conditions determining the procedure for purchasing the property).

Redemption amount:

• Included in the amount of regular contributions as a separate item. In this case, it is considered as an advance and is taken into account until the asset is redeemed;
• 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. Deadlines for depositing. There may be 2 methods available - payment with the last regular installment or payment after the end of the agreement period.
3. Clearly defined transfer of ownership. Participants are recommended to agree on how exactly the LC will re-register the subject of the transaction.

Redemption price amount

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 (IP). Typically, the amount of the down payment is 20-30% of the cost of the subject of the contract, but some LPs offer to conclude a transaction without making any payment at all;
• Leasing duration. In practice, it is often equated to the period of useful operation of the property. However, the parties have the right to determine the validity period of the transaction independently, 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 and tear is taken into account.

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

Example definition

We propose to consider the mechanism for determining and calculating the residual price using 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 (annually) + contribution of the initial price of transport, amounting to 20,000 rubles.

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

Indication options

Typically, the remaining payment under a leasing transaction is fixed in the contract in several amounts at once (depending on the situation):

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

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

Forms for determining the redemption price

The purchase of the property that is the subject of the 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 that moment, then he acquires ownership of the property. An ideal option for all parties, eliminating disputes.

Situation No. 2 – drawing up a separate agreement

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 specified either in the leasing agreement or in the stand-alone purchase agreement, then the only option left is that it is included in the amount of regular payments paid for temporary use.

Risk for transaction participants

By specifying the minimum balance payment in the contract, or not specifying it at all, the parties to the transaction put themselves in a risky position. Let's figure out what it is?

1. Lessor. By including the redemption value of the asset in regular payments, he risks, upon termination of the agreement and return of the used asset, receiving from a legal entity (IP) a demand for the return of the residual value paid by him “under the guise of” regular payments.
2. Lessee. In fact, it violates the provisions of the Tax Code of the Russian Federation and neglects 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 on the topic related to establishing the residual value of an asset has not been established by law.

How to avoid litigation?

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

• Include the possibility of the lessee purchasing the item even upon termination of the transaction (subject to the consent of both participants).

The document can indicate the factors that the parties recognize as an indisputable violation (failure to fulfill) obligations. Their presence is an obvious basis for termination of the contract. Determine the possibility of termination of the agreement before the end of its validity period by both parties - the lessor and the lessee.

• Include the right of the parties to determine the amount and method of making the ransom after the participants have fulfilled their accepted obligations.

Indicate in the document that ownership of the assets passes to a legal entity (individual entrepreneur) after the expiration of the contract. Then the tax authorities will have no reason to make claims regarding regular contributions, since they will not include a residual element.

Transactions with the recipient

For the lessee, the formation of transactions will depend on whose balance sheet the property is transferred to. If it is on the recipient’s balance sheet, then its value will be recorded as follows:

The leasing of real estate, vehicles and other objects is subject to the provisions of the Civil Code of the Russian Federation, including rules on the repurchase of leased property. Certain issues related to determining the redemption price are considered in 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 tax base, therefore no tax is paid on it.

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

Individuals or legal entities purchasing 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 recorded in accounting under account 01.

Where do the opinions of the court and the Ministry of Finance of the Russian Federation differ?

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 into the list of expenses until the transfer of ownership rights to him.

According to the above-mentioned government bodies, funds received for the redemption should be considered as advance payments for the purchase of the subject of the agreement. This scheme is valid until the ownership is registered in the recipient's name.

Consequently, the acquirer does not have the right to reflect the redemption amount as expenses. Only after re-registration of ownership should it be taken into account through depreciation of the subject of the leasing agreement.

Judges express a different opinion - when considering cases, they rely on the fact that that the redemption amount does not need 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.

What should a company or private entrepreneur do in such a situation? If you want to avoid disputes with the tax service, 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 the definition

The purchase price of the property is an important element of the leasing agreement. His instructions have their advantages and disadvantages.

pros:

• Certainty. Each participant in the transaction knows in advance after the payment of what amount the lessee acquires ownership of the item;
• Legality. The Civil Code of the Russian Federation regulates that leasing is a type of rent, therefore determining the residual price is mandatory.

Minuses:

• Non-compliance with legislation. 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 drawing up accounting documents, which gives rise to significant contradictions in data recording.

Instead of output

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