Tax accounting for leasing. Tax accounting of transactions with the lessee

Leasing is a long-term lease of property with the subsequent right of redemption or return. Leasing helps the company to obtain property for which there is not enough money to buy, increase working capital and reduce the tax burden. In this article we will talk about the accounting and tax accounting of leasing operations.

What is leasing?

Leasing (from English. to lease- to lease) is a financial service close to lending. There are three parties involved in a leasing relationship:

• lessor- legal or individual, which acquires property and then leases it to the lessee.
• Lessee- a legal or natural person who accepts property for temporary possession and use, and for this he regularly pays money to the lessor.
• Salesman- a legal or natural person who sells property to a lessor. The seller can become a lessee himself: sell his own property and immediately rent it. This is called a leaseback, which is used when the company has a lack of working capital and resembles a secured loan. Leaseback costs are usually less than loan payments, and it also helps to save on taxes and depreciation.

Property or subject of leasing, are any things that do not lose their properties in the process of careful use. For example, plants and factories, buildings, equipment, transport. The subject of leasing cannot be land and other natural objects.

Term of the lease agreement may be equal to beneficial use property. Then, at the end of the contract, the residual value of the property is close to zero, and it can be transferred to the lessee without additional payments. This type of lease is called a finance lease. If the term of the lease agreement is less than the useful life of the property, then at the end of the agreement the property is returned to the lessor or redeemed by the lessee at residual value. This type of lease is called an operating lease.

What laws govern leasing?

Leasing is regulated by art. 665 and 666 of the Civil Code of the Russian Federation, Federal Law No. 164-FZ of October 29, 1998 “On Financial Lease (Leasing)” and by-laws.

In the leasing agreement, consider the essential conditions:

• condition on the subject of leasing;
• condition on the amount of lease payments;
• condition on the lease term;
• condition on the seller of property: who chooses it - the lessee or the lessor.

If the contract does not contain these conditions, it is considered not concluded. It is also possible to stipulate in the contracts who maintains the equipment, trains personnel, on whose balance sheet the property is taken into account, what happens to it at the end of the contract and what the redemption price will be then. Important issues: the procedure for property insurance and the distribution of risks between the parties to the contract.

What are the economic benefits of leasing?

When an enterprise leases property rather than buys it out, it retains working capital. Leasing also reduces the tax burden. Payments under a leasing agreement are expenses and reduce the tax base for income tax. A company with leased property on its balance sheet can reduce the basis for calculating property tax due to accelerated depreciation (with a factor of 3). Additional benefits with VAT and redistribution of payment terms are possible, for this it is necessary to carefully plan financial transactions.

How to account for leasing transactions?

Instructions on the reflection in accounting of operations under a leasing agreement were approved by Order of the Ministry of Finance of the Russian Federation of February 17, 1997 No. 15. Much depends on whose balance the subject of leasing is listed: the property is taken into account by the lessee or the lessor. It depends on how the lessee keeps records. Let's consider these two options in turn.

Property on the balance of the recipient

The receipt of property. The lessee must accept the property for balance accounting as part of fixed assets.

Valuation of property in tax and accounting occurs in different ways. In accounting the assessment is based on the total amount of debt to the lessor: under a leasing agreement, excluding VAT. also in original cost property in accounting can include not only the amount of expenses for its acquisition, but also for installation, adjustment, with the exception of taxes that are deductible or included in expenses (clause 8 PBU 6/01).

In tax accounting the initial cost of property acquired under a leasing agreement is determined in a different way: only the costs of the lessor for the acquisition of this property are taken into account (clause 1, article 257 of the Tax Code of the Russian Federation). So you can not do without the documents of the lessor, confirming this value.

Received property reflect on the debit of account 08 “Investments in non-current assets” on the sub-account “Acquisition of certain fixed assets under a leasing agreement”. Credit - account 76 "Settlements with various debtors and creditors" on the sub-account "Lease obligations".

After that, the costs of obtaining the property and its value are written off from the credit of account 08 to the debit of account 01 “Fixed assets” to the subaccount “Rental property”. Also, do not forget about VAT reflection: when accounting for property on the balance sheet of the lessee, reflect the amount of VAT that the lessee must pay to the lessor, reflect the debit of account 19 “Value added tax on acquired valuables” and the credit of account 76 “Settlements with various debtors and creditors” on the subaccount "Lease obligations". This amount can be deducted as invoices are received from the lessor.

• Dt account 08 Invoice ct 76“Settlements with various debtors and creditors” (sub-account “Lease obligations”) - reflects the receipt of property under a leasing agreement (excluding VAT).
• Dt account 19"VAT on purchased assets", Invoice ct 76“Settlements with various debtors and creditors” (sub-account “Lease obligations”) - VAT under a leasing agreement.
• Dt account 08"Investments in non-current assets", ct account accounting settlements(60, 76, etc.) - reflects the costs directly related to the leased property (excluding VAT).
• Dt account 01"Fixed assets" (sub-account "Leased property), Invoice CT 08“Investments in non-current assets” — leased property was put into operation and transferred to fixed assets.

Leasing payments. The accrual of payments for leasing is reflected in the debit of account 76 “Settlements with various debtors and creditors” on the sub-account “Lease obligations”. Credit - 76 "Settlements with various debtors and creditors" on the sub-account "Debt on lease payments".

If payments under the lease agreement include VAT, the company can deduct VAT from the monthly lease payment, subject to receipt of an invoice. Dt 68.2 "VAT" Kt 19 "VAT on acquired values".

Reflect the lease payment itself by writing off Credit 51 “Settlement Accounts” as repayment under the lease agreement to the lessor to the debit of account 76, sub-account “Debt on lease payments”.

• Dt account 76“Settlements with various debtors and creditors” (sub-account “Lease obligations”). Invoice ct 76“Settlements with various debtors and creditors” (sub-account “debt on lease payments”) - the debt for the property received under the lease agreement was reduced by the amount of the monthly payment according to the schedule of lease payments (including VAT).
• Dt account 68.2"Value Added Tax". Invoice ct 19"VAT on acquired valuables" - accepted for deducting VAT from the monthly lease payment.
• Dt account 76“Settlements with various debtors and creditors” (sub-account “debt on lease payments). Invoice ct 51"Settlement accounts" - the monthly payment under the leasing agreement has been paid in accordance with the schedule of leasing payments (including VAT).

Depreciation accrued on leased property based on its value and normal depreciation rates or accelerated depreciation rates. Accelerated depreciation can only be applied within the framework of tax accounting and provides for the use of an additional coefficient when calculating depreciation. The coefficient can be no higher than 3.

Attention! The use of an accelerated coefficient is permissible only when calculating depreciation using the reducing balance method in accounting. This condition is indicated in the framework of clause 19 of PBU 6/01. A similar position is set out in paragraph 54 of the Guidelines for accounting fixed assets (approved by Order of the Ministry of Finance of Russia dated October 13, 2003 No. 91n). The use of the accelerated coefficient in tax accounting is regulated by the norms of Article 259.3 of the Tax Code of the Russian Federation, where clause 2 states that the accelerated coefficient for leasing cannot be applied if the property acquired on lease belongs to 1-3 depreciation groups (an exception is announced in clause 3 article 259.3 of the Tax Code of the Russian Federation).

The depreciation amounts are debited to the accounts of production costs or sales expenses and credited to account 02 “Depreciation of fixed assets” on the sub-account “Depreciation of leased property”.

• Dt expense account(20, 25, 26, 44, etc.) Invoice CT 02“Depreciation of fixed assets” (sub-account “Depreciation of leasing property”) - depreciation was charged for the month.

Purchase of property. Upon completion of the leasing agreement, the lessee may acquire ownership of the property at the redemption price specified in the agreement. When calculating depreciation, use the remaining useful life of the acquired property. An internal entry is made on accounts 01 “Fixed assets” and 02 “Depreciation of fixed assets”, the data is transferred from the sub-accounts for leasing property to the sub-account of own fixed assets.

• Dt account 01"Fixed Funds" Invoice CT 01"Fixed assets" (sub-account "Leased property") - internal entry in the transfer of ownership of the leased property to the lessee.
• Dt account 02"Depreciation of fixed assets" (sub-account "Depreciation of leasing property") Invoice CT 02“Depreciation of fixed assets” is an internal entry when the ownership of the leased property is transferred to the lessee.

An example of accounting for leased property on the lessee's balance sheet

Most often, a car is purchased on lease. The cost of a car purchased on lease is 1,416,000 rubles, including VAT of 216,000 rubles. The total amount of leasing payments is 1,062,000 rubles (including VAT 162,000) plus the redemption value of the property 265,500 (including VAT 40,500).

The lease period is 36 months, the advance payment applies to the entire period. Upon completion of the contract, the property is redeemed by the lessee. The property is recorded on the lessee's balance sheet. The car belongs to the third depreciation group (property with a useful life of 3 to 5 years). Depreciation is charged on a straight-line basis.

The monthly installment under the leasing agreement is 29,500 rubles (1,062,000 rubles / 36 months), including VAT of 4,500 rubles (162,000 / 36 months).

The lessee calculates depreciation on property - fixed assets every month. With the straight-line method of accrual, the annual amount of depreciation depends on the initial cost of the property and the depreciation rate depending on the useful life of the property. In our case, the useful life can be equal to the term of the leasing contract - 36 months.

Then the monthly depreciation amount in accounting: (1,416,000 - 216,000) / 36 months = 33,333.33 rubles.

To calculate depreciation for tax accounting, you need to know the value of the property, based on the documented expenses of the lessor, and excluding VAT. If this amount, for example, was 1,000,000 rubles, then the depreciation amount for calculation in tax accounting will be calculated as 1,000,000/36 months (term of the leasing agreement) = 27,777.78 rubles.

Depreciation starts on the 1st day of the month after the property is put into operation and stops on the 1st day of the month after the full write-off of the value of the property or the removal from the depreciable property for any reason.

Consider postings

We reflect the debt (excluding VAT) to the lessor under the leasing agreement: 1,416,000 - 216,000 = 1,200,000 rubles. Debit 08 “Investments in non-current assets” Credit 76 sub-account “Lease obligations” - 1,200,000 rubles, primary documents - an act of acceptance and transfer of property for leasing, a leasing agreement.

The debt at the redemption value to the lessor is reflected: 265,500 - 40,500 \u003d 225,000 rubles. Dt 76"Lease obligations" Kt 76 sub-account "Debt for the purchase of property" - 225,500 rubles.

Reflected VAT payable under the leasing agreement is 216,000 rubles. Dt 19“VAT, on acquired property” Kt 76 sub-account "Lease obligations" - 216,000 rubles, the primary document - a leasing agreement.

The subject of leasing is accepted for accounting as part of fixed assets. Dt 01-2“Property received on lease”, Ct 08“Investments in non-current assets” 1,200,000 rubles, primary documents - an act of acceptance and transfer of an object of fixed assets, an inventory card for accounting for an object of fixed assets.

Calculation of the monthly lease payment - 29,500 rubles. Dt 76-5"Lease obligations" Kt 76-6“Debt on lease payments”, primary documents - leasing agreement, accounting statement.

The monthly leasing payment is listed - 29,500 rubles. Dt 76-6"Debt on lease payments", Kt 51“Settlement account”, the primary document is a bank statement on the current account.

Accepted for deduction of VAT on the amount of the monthly lease payment - 4,500 rubles. Dt 68/VAT, Ct 19/VAT

Depreciation has been charged - 33,333.33 rubles. Dt 20"Primary production", CT 02“Depreciation of fixed assets”, the primary document is an accounting statement-calculation.

Redemption of the leased asset. Dt 76-6"Debt for the purchase of property", Kt 51“Settlement account”, - 265,500 rubles, the primary document is a bank statement on the current account.

Accepted for deduction of VAT on the amount of the redemption value of the property - 40,500 rubles. Dt 68/VAT, Ct 19/VAT, the primary document is an invoice.

We transfer the car from rented funds to our own. Dt 01-1“Own fixed assets”, Ct 01-2“Property received on lease” - 1,200,000 rubles.

Property on the balance sheet of the lessor

Let's take as a basis the initial data of the car example and consider what postings apply if the property under the contract is taken into account on the lessor's balance sheet. This option is simpler and requires less wiring.

We reflect the cost of leasing property on an off-balance account - 1,416,000 rubles, as a fixed asset, Dt 001 “Leased fixed assets”. Confirmation - an act of acceptance and transfer of property for leasing, a leasing agreement.

Then monthly until the end of the lease agreement:

We transfer the lease payment to the lessor - 29,500 rubles. Dt 76“Settlements with various debtors and creditors”, sub-account “Settlements on lease payments”, Kt 51"Payment account". Confirmation - bank statement on the current account.

We take into account the amount of the monthly lease payment (29,500 - 4,500 = 25,000 rubles), Dt 20"Primary production", Kt 76“Settlements with various debtors and creditors”, sub-account “Settlements for lease payments” - 25,000 rubles. Confirmation - accounting reference-calculation.

We take into account VAT in the amount of the lease payment - 4,500 rubles. Dt 19/VAT, Kt 76“Settlements with various debtors and creditors”, sub-account “Settlements on lease payments”

We accept VAT deductible in the amount of the lease payment - 4,500 rubles. Dt 68/VAT, Ct 19/VAT. Confirmation - invoice.

The repurchase of leased property leads to the write-off of its value as of the date of transfer of ownership from the credit of off-balance sheet account 001 “Leased fixed assets” in the amount of 1,416,000 rubles. The transfer of the redemption value of the property to the supplier is reflected: Dt 60"Settlements with suppliers", Kt 51“Settlement account” 265,500 rubles.

We accept property for accounting at the time of transfer of ownership as part of our own fixed assets. 265,500 - 40,500 = 222,500 rubles. Dt 08“Investments in non-current assets” Kt 60 sub-account "Settlements with suppliers" - 225,000 rubles. Dt 01“Own fixed assets”, Ct 08“Investments in non-current assets” 225,000 rubles.

We take into account VAT in the amount of the redemption value - 40,500 rubles. Dt 19/VAT, Kt 60“Settlements with suppliers”, confirmation - invoice.

We accept VAT deductible from the amount of the redemption payment - 40,500 rubles. Dt 68/VAT, Ct 19/VAT. Confirmation - invoice.

Leasing is a valuable financial instrument. It can be more profitable than a loan when buying expensive equipment that cannot be paid for in one go. At the same time, there are many nuances in accounting for leased property. You need attention and accuracy in order to correctly form all the transactions and deduct the amount of payments.

Consider the option of accounting for the lessee, when the car is listed on its balance sheet.

A car received under a leasing agreement is taken into account as an object of fixed assets. The initial cost of the car will be equal to the sum of all payments under the leasing agreement (excluding VAT) (clause 8 PBU 6/01). Its useful life will be set as the term of the contract (clause 20 PBU 6/01).

If the car is repurchased at the end of the leasing agreement under a separate sale and purchase agreement, then it will be reflected at the redemption value:

• or as an inventory, if the object does not meet the criteria for fixed assets provided for (clause 4 PBU 6/01);
• or as an asset.

Example of accounting for a leasing car

The trade organization received a car on lease. The total amount of lease payments under the agreement is RUB 1,800,000, incl. VAT 20%, and is calculated for 3 years. Settlements under the contract are carried out monthly. The redemption value of the property is 36,000 rubles, incl. VAT 20%. The car is listed on the balance sheet of the lessee. Depreciation on the car is charged on a straight-line basis.

We will show how accounting is kept by the lessee during leasing in this case:

Operation	Account debit	Account credit	Amount, rub.
Car credited (1 800 000 * 100% / 120%)			1 500 000-00
The VAT presented by the lessor is taken into account		76 "Settlements with various debtors and creditors", sub-account "Lease obligations"	300 000-00
Vehicle put into service	01 "Fixed assets"	08 "Investments in non-current assets"	1 500 000-00
Reflected monthly lease payment (1 800 000 / 36)	76 "Settlements with various debtors and creditors", sub-account "Lease obligations"		50 000-00
Leasing payment transferred	76 "Settlements with various debtors and creditors", sub-account "Debt on lease payments"	51 "Settlement accounts"	50 000-00
VAT on leasing payment accepted for deduction		19 "VAT on acquired valuables"	8 333-33
Monthly depreciation charged (1 500 000,00/36)	44 Selling costs	02 "Depreciation of fixed assets"	41 666,67
The car was registered at the redemption value	10 "Materials"		30 000-00
Reflected VAT on the purchase price	19 "VAT on acquired valuables"	60 "Settlements with suppliers and contractors"	6 000-00
Purchase price paid for car	60 "Settlements with suppliers and contractors"	51 "Settlement accounts"	36 000-00
VAT on the purchase price is deductible	68 "Calculations for taxes and fees"	19 "VAT on acquired valuables"	6 000-00

Tax accounting for the lessee

In the tax accounting of the lessee, the cost of the car will be determined as the sum of the costs of the lessor for its acquisition. This requires the lessee to document the costs incurred by the lessor. There will be a difference between the initial cost of the car in accounting and tax accounting.

The useful life of the car will be set in accordance with the rules of the Tax Code.

At the same time, since the lessee takes into account depreciation on leased property in income tax expenses, he can additionally take into account only the difference between the lease payment and the amount of accrued depreciation in other expenses (clause 10 clause 1 article 264 of the Tax Code of the Russian Federation).

The redemption value is taken into account after the transfer to the organization of ownership of the car in the following order (clause 1, article 254, clause 1, article 256 of the Tax Code of the Russian Federation):

• if the redemption value is less than 100,000 rubles, then the organization recognizes material costs;
• if the cost exceeds 100,000 rubles, then the acquisition of a separate item of fixed assets is reflected.

The initial cost of the leased asset in accounting

The procedure for the formation of the initial cost of a fixed asset in accounting is established by the Regulations on accounting for fixed assets (PBU 6/01) and the Instructions on the reflection in accounting of operations under a leasing agreement (hereinafter referred to as the Instructions), approved by Order of the Ministry of Finance of Russia dated February 17, 1997 No. 15 (Letters Ministry of Finance of Russia dated November 11, 2008 No. 03-05-05-01 / 66, dated August 30, 2007 No. 07-05-06 / 225).

In accounting, the initial cost of property is formed on the basis of all costs associated with its acquisition, with the exception of VAT and other refundable taxes (clause 8 PBU 6/01).

Thus, the lessee determines the initial cost of the leased property in the amount of the total amount payable under the lease agreement, net of VAT and other reimbursable taxes.

At the same time, prior to the commissioning of the leased object, the lessee may carry out additional expenses directly related to obtaining leased property. These may be the costs of delivering the leased asset, customs payments, consulting services, state duty for registering vehicles with the traffic police and other expenses.

Therefore, the initial cost also includes all the costs of the lessee related to the acquisition of property, which were not included in the price of the lease agreement (paragraph 2 of clause 8 of the Instructions).

Thus, in accounting, the initial cost of the fixed asset, which is the subject of leasing, consists of the total amount payable under the leasing agreement, net of VAT, the cost of paying state duty for registration actions in the traffic police and the cost of consulting services, net of VAT.

Example:
Under the terms of the lease agreement, the total amount of lease payments for the period of the lease agreement will be 3,540,000 rubles, including VAT of 540,000 rubles.

When purchasing the OS, additional costs were incurred:
- the state duty paid by the lessee for registration of the subject of leasing with the traffic police in the amount of 1,800 rubles.
- consulting services rendered by the lessor on leasing operations in the amount of 15,000 rubles. including VAT RUB 2,288.14

In the initial cost of an item of fixed assets in accounting, the lessee will include:

• 3,000,000 rubles - the total amount of leasing planstags without VAT (3,540,000 - 540,000);
• 1 800 rub. - state duty;
• RUB 12,711.86 - consulting services without VAT (15,000 - 2,288.14).

This means that the initial cost of the leased asset accepted for accounting by the lessee in accounting will be 3,014,511.86 rubles. (3,000,000 + 1,800 + 12,711.86).

The initial cost of the leased asset in tax accounting

For the purposes of taxation of profits, the procedure for the formation of the initial cost of leasing property is in force, which differs from the procedure used in accounting (paragraph 3 of clause 1 of Article 257 of the Tax Code of the Russian Federation).

Thus, in tax accounting, the initial cost of property that is the subject of leasing is recognized as the amount of expenses of the lessor for its acquisition, construction, delivery, manufacture and bringing it to a state in which it is suitable for use, with the exception of taxes that are deductible or included in expenses in in accordance with the Tax Code of the Russian Federation. Since the object of leasing is recorded on the balance sheet of the lessee, he must receive from the lessor data on the amount of actual costs for the acquisition of this fixed asset.

According to the experts of the Ministry of Finance of the Russian Federation, as stated in Letter No. 03-03-06/1/19 dated January 20, 2011, the lessee’s expenses related to the delivery of the fixed asset received under the lease agreement, its bringing to working condition, etc., are not taken into account in the original cost of such an object. Moreover, the Ministry of Finance of the Russian Federation recommends that such expenses be taken into account not at a time, but in equal parts during the term of the leasing agreement in accordance with the rules of paragraph 3 of clause 1 of Article 272 of the Tax Code of the Russian Federation (Letter of the Ministry of Finance of Russia dated November 21, 2008 No. 03-03-06/1/645). The courts also come to the conclusion that such costs are not included in the initial cost of the fixed asset (Resolutions of the Federal Antimonopoly Service of the North-Western District of October 2, 2009 No. A56-41978 / 2008, FAS of the Ural District of October 16, 2008 No. F09-7442 / 08-C3) .
Thus, in tax accounting, the initial cost of the fixed asset, which is the subject of leasing, consists only of the costs of the lessor for its acquisition.

Example.
For clarity, we continue the example given earlier.

Under the terms of the lease agreement, the total amount of lease payments for the period of the lease agreement will be 3,540,000 rubles, including VAT of 540,000 rubles.

When purchasing the OS, additional costs were incurred:
- state duty paid by the lessee for registration with the traffic police of the subject of leasing in the amount of 1,800 rubles.
- consulting services rendered by the lessor on leasing operations in the amount of 15,000 rubles. including VAT RUB 2,288.14

But the lessor's expenses for the acquisition of the leased object amounted to 2,950,000 rubles. including VAT 450,000 rubles.
In this case, the initial cost of the leasing object for tax accounting purposes will be 2,500,000 rubles (2,950,000 - 450,000).

The costs of paying the state duty and paying for consulting services in tax accounting should be taken into account evenly over the term of the leasing agreement (clauses 1 and 15, clause 1, paragraph 3, clause 1, article 272 of the Tax Code of the Russian Federation).

Our organization has acquired a car on lease. Vehicle on the balance sheet of the lessee. Leasing term - 36 months. The car belongs to the 5th depreciation group (from 7 to 10 years). The cost of the subject of leasing = 8,266,000 (including VAT - 1,230,915.25). The amount of lease payments = 2,816,641 (including VAT - 429,657.10). Redemption payment = 1,180 (including VAT - 180.00). Total amount of the lease agreement = 11,083,821 (including VAT - 1,690,752.36). At what cost should the receipt of leasing property be reflected in accounting and tax accounting? Is it possible to set the useful life = the term of the lease agreement? Reflection of the receipt of property and the accrual of lease payments on accounting accounts and in tax accounting. Is it possible to avoid tax differences?

Answer

Answered by Svetlana Sharipkulova, expert in accounting and tax accounting.

1) The initial cost of the leased property is not equal to the price of the lease agreement. Indeed, in leasing payments, in addition to reimbursement of the cost of property, the lessor's income from the service of providing an object for temporary use is also provided. Thus, on account 08, reflect only the actual obligations to the lessor at the cost of the property. Leasing payments (payment for temporary use) do not include in the initial cost.

As a rule, the lessor indicates the value of the leased asset in the act of acceptance and transfer. This is his expenses for the purchase of leased property. To confirm the amount of the initial cost of the property, ask the lessor for copies of documents on his expenses for the purchase of leased property.

Confirm the amount of the initial cost in tax accounting with copies of documents on the expenses of the lessor.

In tax accounting, define the cost of leased property as the amount of expenses (excluding VAT) incurred by the lessor for the acquisition, manufacture, construction of the facility (paragraph 3, clause 1, article 257 of the Tax Code of the Russian Federation). To do this, obtain from the lessor data on the initial cost of the leased asset, reflected in its tax records (letter of the Ministry of Finance of Russia dated July 30, 2004 No. 03-03-08 / 117).

2) In tax accounting, the useful life is always set according to the classifier.

In accounting, the useful life can be limited to the duration of the lease agreement only if, in principle, no redemption is provided. If a buyback is provided, as in your case, then the useful life is set based on the expected period of use in the organization, taking into account its use after the buyout.

3) Debit 08 Credit 76 sub-account "Cost of the leased asset" reflects the cost of the leased asset transferred to the balance of your organization)

Debit 01 Credit 08 (the car is included in fixed assets).

Debit 76 subaccount "Cost of the subject of leasing" Credit 02 subaccount "Depreciation of leasing property" (depreciation accrued);

Debit 20 Credit 60 sub-account "Payments for the use of the subject of leasing" (the lease payment for the use of the car has been accrued);

Debit 60 sub-account "Payments for the use of the subject of leasing" Credit 51 (leasing payment transferred).

Debit 02 sub-account “Depreciation of leased property” Credit 01 sub-account “Fixed assets received on lease” (at the end of the contract, the accrued depreciation of the leased asset was written off);

Debit 76 sub-account “Value of the subject of leasing” Credit 01 sub-account “Fixed assets received on lease” (leased property derecognised at residual value);

Debit 10 Credit 60 (repurchased car accepted for accounting);

Debit 60 subaccount “Settlements for the repurchase of the leased asset” Credit 51 (the redemption value of the car is listed);

If you consider a single tax from the difference between income and expenses, then the amount of lease payments can be taken into account (subclause 4, clause 1, article 346.16 of the Tax Code of the Russian Federation) ..

The input VAT paid in the amount of lease payments recognized as expenses should also be included in the reduction of the tax base (subclause 8, clause 1, article 346.16 of the Tax Code of the Russian Federation).

Write off the expenses in the form of leasing payments when calculating the single tax after the leasing services are rendered and paid (clause 2 of article 346.17 of the Tax Code of the Russian Federation).

4) Also, due to the use of different depreciation rates, temporary differences arise. They can be avoided, for example, if increasing coefficients are not introduced in tax and accounting records.

Oleg Khoroshiy, Head of the Corporate Profit Tax Department of the Tax and Customs Policy Department of the Ministry of Finance of Russia

How does the lessee take into account the receipt of leased property

Property on the balance sheet of the lessee

Leased property, which, according to the agreement, is accounted for on your balance sheet, be taken into account as an object of fixed assets. To do this, to account 08 “Investments in non-current assets”, open a subaccount “Property received on lease”. On it, reflect the initial cost of the leased property, namely the costs of the lessor for the following:*

• acquisition of property;
• transfer of property to leasing (transportation, installation, etc.).

This information is usually indicated in the contract and the acceptance certificate.

Please note that the initial cost of the leased property is not equal to the price of the lease agreement. Indeed, in leasing payments, in addition to reimbursement of the cost of property, the lessor's income from the service of providing an object for temporary use is also provided. Thus, on account 08, reflect only the actual obligations to the lessor at the cost of the property. *

If the object is lost (broken, stolen), you will only have to reimburse the cost of the property, excluding payments for its use. In addition, it happens that the value of the property exceeds the price of the contract, for example, when expensive property is leased without redemption for a short period.

This procedure follows from paragraph 8 of the instructions approved by order of the Ministry of Finance of Russia dated February 17, 1997 No. 15, and paragraphs 4, 7 and 8 of PBU 6/01.

Do not include the costs of the lessee in connection with the receipt of property as part of the initial cost. You are not obligated to reimburse the lessor. The lessor did not bear these costs. Count them separately.*

Situation: how to confirm the initial value of the property received on lease. Leased property is recorded on the balance sheet of the lessee

Confirm the size of the initial cost with copies of documents on the expenses of the lessor.*

Define the cost of leasing property as the amount of expenses (excluding VAT) that the lessor incurred for the acquisition, manufacture, construction of the facility (paragraph 3, clause 1, article 257 of the Tax Code of the Russian Federation). To do this, obtain from the lessor data on the initial cost of the leased asset, reflected in its tax records (letter of the Ministry of Finance of Russia dated July 30, 2004 No. 03-03-08 / 117).

Confirm the size of the initial cost of the property with copies of documents on the lessor's expenses for the acquisition of leased property.

The chief accountant advises: you can confirm the initial cost of the leased asset with other documents.*

The parties to the transaction can prescribe the initial cost of the leased property directly in the leasing agreement (clause 1, article 10 of the Law of October 29, 1998 No. 164-FZ, clause 4, article 421 of the Civil Code of the Russian Federation). In addition, the required amount may be indicated in the act of acceptance and transfer of property, which is drawn up when transferring property for leasing (instructions approved by the Decree of the State Statistics Committee of Russia of January 21, 2003 No. 7, part 1 of article 9 of the Law of December 6, 2011 No. 402-FZ).

If the value of the leased property is not specified separately either in the lease agreement or in the acceptance certificate, you can ask the lessor to provide any other source of information. For example, a certified extract from its fixed assets tax register.

Oleg Khoroshiy

How can a lessee take into account lease payments for the use of property

Accounting: lease payments

Reflecting lease payments, in accounting be guided by:

• PBU 10/99,
• 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 (only in the part that does not contradict the provisions of PBU 10/99).

Leasing payment calculation

In accounting, reflect leasing payments on a monthly basis as expenses in correspondence with settlement accounts (60, 76).

If you are going to use the subject of leasing in the process of production and sale of goods (works, services), then reflect the payments on the accounts of expenses for ordinary activities: *

Debit 20 (25, 26, 44 ...) Credit 60 (76) sub-account "Payments for the use of the leased asset"

In other cases, reflect other expenses:

Debit 91-2 Credit 60 (76) sub-account "Payments for the use of the subject of leasing"
– accrued leasing payment on property used by the organization.

Input VAT reflect on account 19: *

Debit 19 Credit 60 (76) sub-account "Payments for the use of the subject of leasing"
– input VAT on leasing services is taken into account.

Having received invoices from the lessor, the input VAT can be deducted, if, of course, all other the necessary conditions. Make the wiring like this:

– presented for deduction of input VAT on leasing services.

Transfer of lease payment

After transferring the money to the lessor, make an entry in the account: *

Debit 60 (76) sub-account "Payments for the use of the subject of leasing" Credit 51
- The lease payment has been paid.

This procedure follows from the provisions of paragraphs 5, 7, 11, 16 and 18 of PBU 10/99 and the Instructions for the chart of accounts (accounts 19, 20, 25, 26, 44, 60, 76, 91).

Recognize expenses in accounting in the amount of the cost of services of each current month, established by the schedule of lease payments. And regardless of whether you have transferred the payment to the lessor or not yet. This is due to the fact that the costs are accepted in accounting in monetary terms, equal to the amount of their payment and (or) accounts payable to the lessor. The amount of payment and (or) accounts payable is determined based on the price and conditions established by the contract (clauses 6 and 6.1 of PBU 10/99).

The parties may agree that the object of leasing is taken into account on the balance sheet of the lessee. Then the lessee must charge depreciation on this property - starting from the month following the one in which the property was taken into account as part of fixed assets, that is, on account 01.

This procedure follows from the provisions of paragraph 21 of PBU 6/01, paragraphs 50 and 61 of the instructions approved by order of the Ministry of Finance of Russia dated October 13, 2003 No. 91n.

Useful life of leased property. When determining the useful life, take into account all the factors provided for in paragraph 20 of PBU 6/01. That is:

• expected period of use in accordance with performance and power;
• expected physical wear, depending on the mode of operation, natural conditions and the influence of an aggressive environment;
• legal and other restrictions on use (for example, lease term).

If there is no redemption in the leasing agreement, then the asset is depreciated before the end of the agreement. Therefore, the useful life can be set as the lease term. This is the rule of paragraph 32 of the International Financial Reporting Standard (IFRS) 16 "LEASE", which was put into effect by order of the Ministry of Finance of Russia dated July 11, 2016 No. 111n.

This follows from the provisions of paragraphs 4 and 20 of PBU 6/01, paragraph 7 of PBU 1/2008, paragraph 59 of the instructions approved by Order of the Ministry of Finance of Russia dated October 13, 2003 No. 91n, and is indirectly confirmed by letters of the Ministry of Finance of Russia dated December 6, 2011 No. 03-05- 05-01/94 and dated November 11, 2008 No. 03-05-05-01/66.

Situation: how the lessee should reflect in accounting payments and depreciation for leased property, which is taken into account on its balance sheet

Only the amount of lease payments should be reflected in expenses. It is also not necessary to separately take into account the depreciation of leased property in expenses. And that's why.

Leasing payments include:*

• lessor's income
• reimbursement of the lessor's expenses related to the acquisition, transfer of property to the lessee and other services provided for by the contract.

Lease payments meet all the conditions for the recognition of expenses in accounting, established in paragraph 16 of PBU 10/99. Therefore, the lessee can include them in the costs.

But depreciation deductions can be recognized as expenses only if they reimburse the cost of the fixed asset (paragraph 6, clause 5, PBU 10/99). After all, depreciation is a way to pay off the cost of fixed assets. And it should be charged by the organization on whose balance sheet this fixed asset is listed (paragraph 17 of PBU 6/01). But in this situation, this condition is not met.

The lessee does not bear the costs of acquiring the property, as these are the costs of the lessor. The lessee only reimburses them to the lessor in the amount of lease payments. Therefore, the lessee cannot recognize depreciation as an expense. Therefore, write off depreciation to reduce the obligations reflected when receiving property on lease: on account 76, sub-account "Cost of the subject of leasing".

Thus, the accrual of lease payments and depreciation for the current month can be reflected in accounting with the following entries: *

Debit 20 (25, 26, 44, 91-2 ...) Credit 60 (76) sub-account "Payments for the use of the subject of leasing"
– the leasing payment for the current month has been accrued;

– depreciation for the current month was accrued on property received on lease, to reduce the debt of the lessee to the lessor for the property received on lease.

These rules are based on PBU 10/99 and 6/01. V regulations you can find provisions according to which it is necessary to take into account the amount of depreciation, and not lease payments (clause 9 of the instructions approved by order of the Ministry of Finance of Russia dated February 17, 1997 No. 15). However, this directly contradicts the above norms PBU 10/99 and 6/01, which were approved later. Therefore, it is they who need to be applied (letter of the Ministry of Finance of Russia dated December 19, 2006 No. 07-05-06 / 302).

Property on the balance sheet of the lessee*

If, under the terms of the agreements, the property is transferred to the balance of the lessee, then take into account each lease payment minus the amount of accrued depreciation. The fact is that the property received on the balance sheet is recognized as depreciable (clause 10, article 258 of the Tax Code of the Russian Federation).

By including depreciation in expenses, the lessee already takes into account a certain part of the lease payment in his expenses. Therefore, when calculating income tax on other expenses, only the remaining part of the lease payment (minus the amount of accrued depreciation) should be written off (subclause 10, clause 1, article 264 of the Tax Code of the Russian Federation). Otherwise, the tax cost may unlawfully double (clause 5, article 252 of the Tax Code of the Russian Federation).

An exception is provided for organizations that use the cash method of tax accounting. They do not need to adjust the amount of lease payments for accrued depreciation. The fact is that under the cash method, depreciation is allowed only for paid-for property received in ownership (subclause 2, clause 3, article 273 of the Tax Code of the Russian Federation). And since the leased property can become the property of the lessee only if its redemption is provided, it is impossible to depreciate the received object until this moment (letter of the Ministry of Finance of Russia dated November 15, 2006 No. 03-03-04 / 1/761).

Therefore, regardless of whose balance sheet the subject of leasing is taken into account, under the cash method, all lease payments are included in other expenses as they are paid (subclause 10, clause 1, article 264 of the Tax Code of the Russian Federation).

An example of reflection in accounting and taxation by the lessee of settlements on lease payments. Leased property is recorded on the balance sheet of the lessee*

OOO "Production company "Master"" in January received under a leasing agreement production equipment for a period of 5 years (60 months). Under the terms of the agreement, the equipment is listed on the balance sheet of the lessee and is subject to return to the lessor. The value of the property is 967,000 rubles. (including VAT - 147,508 rubles). The total amount of leasing payments under the agreement is 1,300,000 rubles. (including VAT - 198,305 rubles). The amount of the monthly lease payment to be transferred according to the schedule starting from January is 21,667 rubles. (including VAT - 3305 rubles).

The useful life according to the classification of fixed assets subject to taxation is 6 years (72 months). In accounting and tax accounting, the organization accrues depreciation on a straight-line basis.

The monthly depreciation rate was:
– 1.3889% = 1: 72 months × 100.

The monthly depreciation amount is:
- 11 382 rubles. \u003d (967,000 rubles - 147,508 rubles) × 1.3889%.

In January, the following entries were made in the accounting of the organization:

Debit 08 subaccount "Property received on lease" Credit 76 subaccount "Value of the subject of leasing"
- 819,492 rubles. (967,000 rubles - 147,508 rubles) - the value of the property received on the balance sheet is reflected;

Debit 01 subaccount "Fixed assets received on lease" Credit 08 subaccount "Property received on lease"
- 819,492 rubles. – leased equipment was put into operation;

- 18 362 rubles. (21,667 rubles - 3,305 rubles) - the lease payment for January was accrued;

- 3305 rubles. – the input VAT is taken into account from the amount of the lease payment for January;

Debit 68 subaccount "VAT settlements" Credit 19

- 21,667 rubles. - the lease payment for January was transferred.

The organization applies the accrual method, the tax pays monthly. When calculating income tax for January, the accountant took into account the amount of the lease payment in expenses - 18,362 rubles. Since an expense in the amount of 18,362 rubles was also recognized in accounting in January, there are no differences under PBU 18/02.

Monthly from February until the end of the contract:

Debit 76 subaccount "Value of the subject of leasing" Credit 02 subaccount "Depreciation on property received on lease"
- 11 382 rubles. – accrued depreciation of the leased asset for the current month;

Debit 20 Credit 60 sub-account "Payments for the use of the subject of leasing"
- 18 362 rubles. (21,667 rubles - 3,305 rubles) - the lease payment for the current month has been accrued;

Debit 19 Credit 60 sub-account "Payments for the use of the subject of leasing"
- 3305 rubles. – the input VAT is taken into account from the amount of the lease payment;

Debit 68 subaccount "VAT settlements" Credit 19
- 3305 rubles. – presented for deduction of input VAT on leasing services;

Debit 60 subaccount "Payments for the use of the subject of leasing" Credit 51
- 21,667 rubles. - the lease payment for the current month has been transferred.

The accountant of "Master" on a monthly basis in tax accounting recognized the amount of expenses:
- accrued depreciation - 11,382 rubles;
- leasing payments minus accrued depreciation - 6980 rubles. (18,362 rubles - 11,382 rubles).

Thus, the total amount of monthly expenses recognized in tax accounting (18,362 rubles) is equal to the amount of expenses that is reflected in accounting (18,362 rubles). Therefore, there are no differences according to RAS 18/02.

When to recognize an expense on an accrual basis

If an entity uses the accrual method, the date of recognition of lease payments may be:

• date of transfer of payment in accordance with the terms of the concluded agreement
  or
• the last day of the reporting or tax period.

This procedure follows from the provisions of subparagraph 3 of paragraph 7 of Article 272 of the Tax Code of the Russian Federation and is confirmed by the letter of the Ministry of Finance of Russia dated October 15, 2008 No. 03-03-05 / 131. This point of view is shared by some arbitration courts (see, for example, the decision of the Federal Antimonopoly Service of the Volga District of September 20, 2006 No. A12-25787 / 05-C10).

Oleg Khoroshiy, Head of the Corporate Income Tax Department of the Tax and Customs Policy Department of the Ministry of Finance of Russia

How can the lessee reflect in accounting and taxation leasing payments in terms of the redemption value

Settlements for the repurchase of leased property should be reflected in the debit of account 60 (76), opening a sub-account for it “Calculations for the repurchase of the subject of leasing”. When the payment of the redemption value is provided for at the end of the contract, reflect this operation in accounting as follows:

Debit 60 (76) sub-account "Settlements for the repurchase of the leased asset" Credit 51 (50 ...)
– the redemption value of the leased asset has been paid.*

An example of the reflection by the lessee in accounting of settlements under a leasing agreement with the right to purchase. The contract provides for the payment of the redemption value upon expiration of its validity period. Leased property is recorded on the lessee's balance sheet. The term of the contract is less than the useful life*

In April 2015, Production Company Master LLC received equipment under a leasing agreement for five years (60 months). Upon the expiration of the contract, the "Master" redeems the object of leasing. The useful life of the property is six years (72 months). The value of the property is 967,000 rubles. (including VAT - 147,508 rubles).

The total amount of leasing payments for the entire leasing period is 1,300,000 rubles. (including VAT - 198,305 rubles). The distribution of payments by types of expenses is as follows:

• the redemption value payable at the end of the contract is 216,667 rubles. (including VAT - 33,051 rubles);
• the cost of using the property (financial lease) - 1,083,333 rubles. (including VAT - 165,254 rubles).

The amount of the monthly lease payment for the use of property according to the schedule is 18,056 rubles. (1,083,333 rubles: 60 months), including VAT - 2,754 rubles.

In the agreement, the parties agreed that leasing payments begin to accrue from the month following the month the equipment was handed over to Master. The property is transferred to the balance of the lessee.

In April 2015, Master's accountant recorded the following entries in accounting:

Debit 08 Credit 76 sub-account "Cost of the subject of leasing"
- 819,492 rubles. (967,000 rubles - 147,508 rubles) - reflects the cost of the leased asset transferred to the balance of the "Master";

Debit 01 Credit 08
- 819,492 rubles. equipment is included in property, plant and equipment.

Monthly from May 2015 until the end of the contract in April 2020:

Debit 76 subaccount "Value of the subject of leasing" Credit 02 subaccount "Depreciation of leased property"
- 11 382 rubles. (819,492 rubles: 72 months) - depreciation for the current month was charged to reduce the amount of liabilities for the value of property received for temporary use;

Debit 20 Credit 60 sub-account "Payments for the use of the subject of leasing"
- 15,302 rubles. (18,056 rubles - 2,754 rubles) - a lease payment for the use of equipment has been accrued;

Debit 19 Credit 60 sub-account "Payments for the use of the subject of leasing"
- 2754 rubles. – the input VAT from the leasing payment is taken into account;

Debit 68 subaccount "VAT settlements" Credit 19
- 2754 rubles. – presented for deduction of input VAT on leasing services;

Debit 60 subaccount "Payments for the use of the subject of leasing" Credit 51
- 18,056 rubles. - transferred lease payment.

In April 2020:

Debit 02 subaccount "Depreciation of leasing property" Credit 01 subaccount "Fixed assets received on lease"
- 682,920 rubles. (11,382 rubles × 60 months) – at the end of the contract, the accrued depreciation of the leased asset was written off;

Debit 76 subaccount "Value of the subject of leasing" Credit 01 subaccount "Fixed assets received on lease"
- 136,572 rubles. (819,492 rubles - 682,920 rubles) - leased property was deregistered at residual value;

Debit 08 Credit 60 sub-account "Calculations for the repurchase of the leased asset"
- 183,616 rubles. (216,667 rubles - 33,051 rubles) - the purchase of equipment is reflected;

Debit 19 Credit 60 sub-account "Calculations for the repurchase of the leased asset"
- 33,051 rubles. – VAT is taken into account on the redemption value of the leased asset;

Debit 60 sub-account "Calculations for the repurchase of the leased asset" Credit 51
- 216,667 rubles. - the redemption value of the property is transferred to the lessor;

Debit 68 subaccount "VAT settlements" Credit 19
- 33,051 rubles. – presented for deduction of input VAT from the cost of purchased equipment;

Debit 01 Credit 08
- 183,616 rubles. - purchased equipment is accepted for accounting.

From the next month after the equipment was registered, the accountant began to calculate depreciation.

Receipt of purchased property

Accept the purchased property for accounting as an object of your own fixed assets, inventories or goods - depending on the cost at which your organization eventually bought this object and for what purposes it will be used in the future. Based on this, use the corresponding accounting accounts (08, 10, 41...): *

Debit 08 (10, 41 ...) Credit 60 (76) sub-account "Calculations for the repurchase of the leased asset"
- reflected the acquisition of the former subject of leasing;

Debit 19 Credit 60 (76) sub-account "Settlements for the repurchase of the leased asset"
– VAT is taken into account on the redemption value of the leased asset;

Debit 68 subaccount "VAT settlements" Credit 19
– presented for deduction of input VAT upon receipt of the invoice.

Accept property for accounting at the purchase price, that is, at the redemption value, but taking into account other costs associated with the transfer of ownership (for example, state duties).

On April 2, 2012, within the framework of the training program "Accounting and taxation of leasing activities", a round table was held on the topic "Actual problems of accounting of leasing operations for the lessee".

Target round table– discussion of the most complex and controversial issues and development of recommendations for accounting for leasing operations in lessee. The topics of formation of the initial cost and determination of the useful life of the leased asset, replacement of the lessee, insured events were touched upon.

During the preparation of the round table, a survey of leasing companies and lessees was conducted on the most pressing issues of accounting for leasing operations for lessees and lessors. The responses and proposals received were presented to the participants for discussion and final decision on the relevant issues.

The participants of the round table were divided into three groups. The groups were moderated by: Elena Emmus (CEO, leasing broker Optimum Finance), Liya Chepurovskaya (Chief Accountant, Baltic Leasing Group of Companies), Tatyana Smirnova (Audit Director, KopolAudit, Chairman of the Arbitration Court at the OLA).

At the end of the discussion, the moderators of the round tables made comments and suggestions on the issues that were submitted for discussion.

On a number of issues, the opinions of the participants of the round tables coincided. However, there were topics on which members of the working groups did not come to an agreement. consensus. One of such topics that requires further discussion and elaboration is, for example, insurance of the leased asset and the reflection of insured events.

We present to your attention the issues that were discussed during the preliminary survey and at round tables, as well as comments, opinions of participants and recommendations based on the results of discussions in working groups.

Topic 1. The initial cost of the subject of leasing.

There are two positions for determining the initial cost of the leased asset when reflected on the lessee's balance sheet: excluding leasing interest and taking into account leasing interest. Also, the formation of the initial cost of the property may be affected by expenses incurred by the Lessee on his own - for example, transportation, loading, unloading, installation and assembly of equipment, etc. In addition, sometimes the LP makes inseparable improvements in relation to the leased property.

Question 1. How should the initial cost of the leased asset be formed when accounting for property on the balance sheet of the lessee for the purposes of accounting (BU) and tax accounting (NU)?

According to the unanimous opinion of the participants in the discussion, the initial cost of property in tax accounting should be determined based on the amount of expenses of the lessor for the acquisition of property.

With regard to the formation of the value of the subject of leasing in accounting opinions were divided. During the discussion, two options for the formation of the initial cost of the leased asset in accounting were proposed;

1 option:

The initial cost of the leased asset is determined as the amount of the lease agreement without VAT

Rationale:

Order No. 15 of the Ministry of Finance of the Russian Federation, clause 8 - the cost of the received property is equal to the cost of the costs associated with receiving the property, the costs also include interest. PBU 6/01 p. 8 - the initial cost of a fixed asset includes all the actual costs of the organization for the acquisition, construction, manufacture of a fixed asset, excluding VAT.

Option 2.

The initial cost of the property is determined without taking into account interest on leasing.

Rationale.

analogy with bank interest when, when acquiring property at the expense of a loan, the initial cost does not include interest on a loan agreement. The cost of the same type of property acquired from different sources should not differ significantly. If interest is included in the initial cost, there is a difference in the value of the property when reflected on the balance sheet of the lessor and the lessee, i.e. the value of the property depends on the balance holder. Lease interest is a cost that the lessee will incur in the future and which may change significantly during the course of the lease agreement. According to PBU 6/01 clause 8, the value of property should be determined based on actually incurred costs. However, according to some participants in the discussion, in this case, there are risks in calculating property tax.

Question 2. If leasing interest is included in the initial cost of the leased asset, how are changes in the value of the property reflected when the amount of the contract changes (for example, an increase / decrease in interest on leasing)? How, in this case, is the contradiction with PBU 6/01 resolved, according to which the initial cost of fixed assets is not subject to change?

In a relationship tax accounting The participants in the discussion were unanimous: changing the amount of the leasing agreement does not affect the initial value of the property in tax accounting.

On the issue accounting changes in the amount of the leasing agreement, the opinions of the participants were divided.

1 option.

When changing the amount of the lease agreement, the difference with the initial amount of the agreement is reflected as other income/expenses and the entire remaining term of the agreement is equally written off to expenses/profit.

Option 2.

Because clause 14 of PBU 6/01 applies to assets that the organization not only owns and uses, but also disposes of, and the lessee does not dispose of the leased property (for example, cannot sell it), then the initial cost of the property can be changed when the amount of the leasing agreement changes .

The lessee can choose one of the two proposed accounting options, while the corresponding position must be reflected in accounting policy companies.

Question 3. How to take into account the Lessee's expenses incurred in relation to the leased property, aimed at bringing the property to a state suitable for operation for the purposes of accounting and tax accounting?

Accounting.

If the property is recorded on the lessee's balance sheet, the initial cost of the leased asset includes the costs associated with bringing the property to a condition suitable for operation (PBU 6/01, clauses 7 and 8).

If the property is taken into account on the balance sheet of the LD, then the expenses are classified depending on their type:

• the cost of acquiring an asset can be accounted for as a separate item within property, plant and equipment;
• works and services are written off as expenses, classified as expenses incurred for the purpose of generating income.

In the letter of the Ministry of Finance dated February 3, 2012 N 03-03-06/1/64, it is proposed to write off these costs during the term of the leasing agreement. The opinion was expressed that it is possible to take into account the costs of the lessee in accounting with appropriate documentation, i.e. if the lessee re-charges the costs to the lessor with documentary evidence of the costs incurred (i.e., gives copies of documents from the direct executor).

Tax accounting.

Because the initial cost of the property is formed by the lessor (clause 1, article 257 of the Tax Code of the Russian Federation), the expenses of the lessee are not included in the initial cost of the property. They can be taken into account for income tax purposes, subject to the criteria of Art. 252 of the Tax Code of the Russian Federation (Letter of the Ministry of Finance dated 01.20.2011 N 03-03-06 / 1/19). Expenses are accounted for as a separate item of property, plant and equipment or deferred and written off over the term of the lease agreement.

Question 4. How to account for inseparable property improvements if they are not reimbursed by the Lessor?

Accounting.

Inseparable improvements are included by the lessee in their own fixed assets in the amount of actually incurred costs (clause 47 of the Regulation on Accounting and financial statements v Russian Federation, approved by Order of the Ministry of Finance of Russia dated July 29, 1998 N 34n, para. 2 p. 5 of the Accounting Regulation "Accounting for Fixed Assets" PBU 6/01). A separate inventory card is opened for the specified amount or adjustments are made to the inventory card of the upgraded OS object. Depreciation is charged on the specified object on a monthly basis. (clauses 17, 18, paragraphs 2, 5 clause 19, clause 21 PBU 6/01). At the same time, the accelerated depreciation coefficient cannot be applied to the specified item of fixed assets.

Tax accounting.

Inseparable improvements to the subject of leasing are recognized as depreciable property (paragraph 4, clause 1, article 256 of the Tax Code of the Russian Federation), depreciated during the term of the lease agreement according to the norms established by the fixed assets classification.

Topic 2. Useful life of the leased asset in accounting and tax accounting when accounting for property on the balance sheet of the lessee.

Currently, there are differences in determining the useful life of a leased asset in accounting and tax accounting. In accordance with PBU 6/01, the useful life of an item of fixed assets is determined by the organization independently, based on the terms of use of the item, incl. based on the lease term. In accordance with the Tax Code, the useful life is determined in accordance with the classification of fixed assets, it is possible to apply an accelerated depreciation factor of up to 3. In letters from the Ministry of Finance and the tax inspectorate on this issue, it is said that the useful life of an object in both accounting and tax accounting should be determined based on the classification of fixed assets, without taking into account the accelerated depreciation coefficient with the linear depreciation method. The same position is supported by the courts.

Question 1. How to determine the useful life of a leased asset in accounting?

When property is returned to the lessor at the end of the lease agreement, the useful life may be determined based on the term of the lease agreement. When the ownership of the property is transferred at the end of the lease agreement to the lessee, the useful life is determined in accordance with the classification of fixed assets (Resolutions of the FAS VVO dated 03.06. ). It is recommended to indicate the procedure for determining the useful life in the accounting policy. If there is no relevant information in the Accounting Policy, the useful life can be determined by the Classifier of fixed assets. The accounting policy may also establish a useful life equal to the term of the lease agreement, but even in this case, disputes with the tax office are possible.

Question 2. Can the Lessee use the accelerated depreciation rate under the straight-line depreciation method for tax accounting purposes?

It can use a coefficient not higher than 3. In this case, the specified coefficient is not applied to property belonging to the first or third depreciation groups (clause 1, clause 2, article 259.3 of the Tax Code of the Russian Federation). The established special coefficient cannot be changed during the entire period of depreciation (Letter of the Ministry of Finance dated 11.02.2011 N 03-03-06 / 1/93).

Topic 3. Agreement for the replacement of a party (change of the lessee)

Question 1. What should be the form of the agreement on the replacement of the lessee?

A leasing agreement is considered a type of lease agreement (Article 625 of the Civil Code of the Russian Federation), the tenant (lessee) has the right to transfer his rights and obligations under the lease (leasing) agreement to another person (transfer) (clause 2 of Article 615, Article 625 of the Civil Code of the Russian Federation). In this case, the lessee, with the consent of the lessor (clause 2, article 615, clause 1, article 389, clauses 1, 2, article 391 of the Civil Code of the Russian Federation), concludes an agreement on the lease of property with a third party. At the same time, the lease must be carried out in compliance with the norms of the legislation on the assignment of the right to claim and the transfer of debt (Chapter 24 "Change of persons in obligation" of the Civil Code of the Russian Federation). At the same time, both cession agreements and tripartite agreements are possible.

Question 2. How is the contract of replacement of the party reflected in the accounting of the old / new lessee if the amount of the transferred obligation is less / greater than / equal to the debt under the lease agreement?

For the old lessee, mutual settlements are reflected in the accounting for items of non-operating income / expenses. The old lessee must pay VAT and income tax on the amount of income. The loss is recognized in tax accounting in accordance with the Tax Code. It remains unclear what to do if the residual value of the property in the accounting records of the old lessee is more/less than the amount of monetary obligations transferred to the new lessee. In the agreement on the replacement of the party, it is necessary to describe in detail the relationship between the old and new lessees.

Question 3. In accordance with the terms of the agreement, the Lessee transferred an advance payment, which will be credited in accordance with the lease payment schedule during the term of the lease agreement. As of the date of conclusion of the contract for the replacement of the party, the Lessor has the amount of the outstanding advance payment in its accounting records. How to formalize the relationship between the old and new lessees in relation to the unrecorded advance? How to reflect in accounting the amount of the uncredited advance payment from the old / new Lessee?

In the process of questioning and discussion, three accounting options were proposed:

1 option:

The amount of the uncredited advance is returned by the lessor to the old lessee after the receipt of a similar amount from the new lessee.

Accounting:

The old lessee has a debit of 51 credits of 76

The new lessee has a debit 76 credit 51

The position of lawyers: the lessee has an obligation to transfer the advance payment in accordance with the terms of the contract, which he fulfilled. The fact that invoices are not issued for the entire amount of the advance does not change the amount of monetary obligations of the old and new lessees. At the same time, from an accounting point of view, when replacing a lessee, the lessor will have to issue invoices for lease payments in accordance with the schedule, taking into account the uncredited advance. In this regard, two proposals:

Option 2:

the old and new lessees independently decide between themselves the issue of the uncredited advance, and the lessor continues to issue invoices in accordance with the lease payment schedule. In the accounting of the lessee, the advance is reflected in the framework of the assignment agreement;

3 option:

in the leasing agreement, prescribe the condition that the amount of the uncredited advance payment is credited to income before the operation to replace the party is carried out. The invoice is issued to the old lessee. For a new lessee, the schedule is recalculated for the amount of his real monetary obligations. The accounting of the old lessee will reflect the accrual of the lease payment for the amount of the uncredited advance. The new lessee will not have any additional advance postings.

At the same time, a number of participants noted that the first and second accounting options are possible, the third option is not desirable and is not always acceptable for the parties to the transaction.

Topic 4. Reflection of an insured event

In the event of an insured event at the risk of "complete loss or theft", the insurance indemnity, as a rule, is received by the Lessor. Various situations may arise:

• with the transfer of suitable balances to the insurance company;
• without transferring good balances to the insurance company;
• amounts insurance compensation enough to cover the monetary obligations of the LP;
• the amount of insurance compensation is not enough to cover the monetary obligations of the LP;
• the leased property was accounted for on the balance sheet of the Lessor;
• the leased property was accounted for on the balance sheet of the Lessee.

The lessor directs the received insurance compensation to pay off the balance of the value of the property, the lessee's debt on accrued payments, interest for use, penalties, etc., and transfers the remaining amount (if any) to the lessee.

There is a position of the Ministry of Finance, according to which the insurance compensation received by the lessor must be reflected as non-operating income, and only the residual value of the leased property should be included in expenses.

When receiving insurance compensation from the lessor, the lessee must reflect it in income.

When discussing the issues of insurance of the leased asset, accounting for insured events and receiving insurance compensation, the round table participants came to the unanimous opinion that the optimal scheme for accounting and interaction between the lessor, the lessee and the insurance company is to conclude an insurance contract for the leased asset with the indication of the lessee as the beneficiary in terms of damage risks , and in terms of the risks of theft and complete death - to a leasing company.

Question 1. How should the insurance indemnity received by the lessor be reflected in the above situations?

In leasing and insurance contracts, it is recommended to indicate the lessee as the beneficiary in cases of damage to property (with the possibility of recovery), and in cases of loss and complete destruction (if recovery is impossible), the lessor.

Taxation:

VAT- the amount of insurance compensation received upon the occurrence of an insured event is not included in the VAT base, because not related to payments for goods.

income tax– the amount of insurance compensation received by the lessor should be taken into account as part of non-operating income. The amounts of insurance compensation received under insurance contracts are not included in the composition of income that is not taken into account when determining the income tax base under Article 251 of the Tax Code. Therefore, guided by paragraph 3 of Article 250 of the Tax Code, the insurance compensation received must be accounted for as other non-operating income.

Date of income recognition: when applying the accrual method in tax accounting, it is recommended to recognize such income on the date the insurance company makes a decision on the payment of insurance compensation (clause 4 clause 4 article 271 of the Tax Code of the Russian Federation). But due to the fact that the information received from insurance companies is too heterogeneous and the amount of insurance compensation may not be indicated, there are problems with the reflection of this information in accounting.

Consumption: according to the latest clarifications of the Ministry of Finance (Letter No. 03-03-06/1/21 dated 01/19/2012), the amounts transferred to the lessee in the form of the difference between the insurance compensation received by the lessor and the amount retained under the leasing agreement can be recognized as an expense. But this issue has not been fully resolved, because. the list of expenses for the tax code is closed, and the expense in the form of payment in favor of the lessee is not named.

An insured event with the transfer of good balances to the insurance company and without transfer.

The lessor renounces the remaining property in favor of the insurance company in exchange for receiving insurance compensation for the value of the leased asset in full. At the same time, most leasing companies transfer to the insurance company suitable balances without documentation, issuing only a power of attorney for their sale.

In some cases, the remaining property remains with the lessee, Insurance Company pays the insurance indemnity to the lessor, the lessee compensates for the missing amount.

In both cases, the lessor must first take into account good balances at market value and reflect them as non-operating income (clause 13, article 250 of the Tax Code of the Russian Federation), and then reflect in accounting transactions for the sale of property. From 01.01.2010, when property is sold, its value in the amount of previously recorded income can be fully written off as expenses for income tax purposes. However, in practice, far from all leasing companies carry out reflection in the accounting of good balances at market value.

The amount of insurance compensation is enough to cover the financial obligations of the lessee

The source of the refund should be the amount of the undeducted advance, but if there is none and the refund is made from the funds of the received insurance indemnity, then the lessor has an expense that cannot be taken into account for income tax. Therefore, in order to avoid losses, it is advisable to fix in the agreement that the return to the lessee of the specified amount is carried out minus income tax.

This situation is regulated by the terms of the leasing agreement and actually occurs in practice, but very rarely, because. lessees do not agree to reduce the amount of the return by the amount of income tax.

Also, the option of transferring the amount of excessively received insurance compensation as compensation for damage to the lessee was proposed. In this case, the specified amount is not subject to income tax.

The amount of insurance compensation is not enough to cover the financial obligations of the lessee

The lessee must reimburse the lessor for all expenses and losses under the leasing agreement.

Losses not reimbursed by the insurance company (for example, due to the establishment of the policyholder's fault in the insured event) the lessor has the right to recover from the lessee (Article 669 of the Civil Code of the Russian Federation, clause 1 of Article 22 of Law N 164-FZ and Resolution of the Federal Antimonopoly Service of the North-Western District of 03.12. 2007 N A21-7140/2006). The amount of insurance compensation and additional amounts to be received from the lessee in repayment of losses from loss are recognized in accounting as other income, and in tax accounting - as part of non-operating income in the form of compensation for losses (clause 3 of article 250 of the Tax Code of the Russian Federation)

In the event of theft (hijacking) of the leased asset, losses can be recognized as expenses only if there is documentary evidence of the absence of the perpetrators. According to the explanations of the Ministry of Finance (letters No. 03-03-04/1/412 of 05/02/06, No. 03-03-06/1/365 of 06/20/2011, No. 03-03-06/4/81 of 08/27/2010) Such a document may be a copy of the decision to suspend the criminal case in connection with the failure to identify the person to be charged as an accused. In this case, these losses are taken into account as expenses of the reporting (tax) period in which the decision to suspend was issued.

Leased property was accounted for on the balance sheet of the lessor

In case of loss of the subject of leasing, the inventory commission records the fact of shortage, on the basis of which the property is written off from the balance sheet. For the purposes of tax accounting, losses from theft, natural disasters, fires, accidents and other emergencies can be taken into account as part of non-operating expenses (subclauses 5 and 6, clause 2, article 265 of the Tax Code of the Russian Federation). The presence of a loss must be in without fail confirmed by documents of the relevant authorities and inventory acts.

Disposal of the object of leasing in connection with the occurrence of an insured event is reflected with the lessor in the debit of account 91 (in the amount of the residual value of the object of leasing). The amount of insurance compensation received is reflected in the debit of account 51 "Settlement accounts" and the credit of account 91.

Leased property was accounted for on the balance sheet of the lessee

In case of loss of the subject of leasing, it is written off from the lessee's balance sheet with the results of disposal reflected on account 94 “Shortages and losses from damage to valuables”. The amount of the shortfall must be charged to the debit of sub-account 2 "Calculations on claims" of account 76. In addition, the lessee must compensate for the difference between the amount of outstanding lease payments and the shortage identified, recorded on the sub-account "Calculations on claims" to account 76 in accordance with the schedule for compensation for damage . The lessor writes off the object of leasing from off-balance sheet accounting.

Restoration of VAT amounts previously accepted for deduction on lost property based on its residual value: clause 3 of Art. 170 of the Tax Code of the Russian Federation contains a closed list of cases when VAT is subject to recovery, and the loss of property is not named in it. That is, formally, the leasing company has no obligation to restore VAT, which is confirmed by numerous arbitration practice and the practice of leasing companies. However, the Ministry of Finance of Russia takes the opposite position on this matter, pointing to the need to restore VAT and arguing that the property is no longer used for taxable transactions (letter No. 03-07-11/22 dated 29.01.2009).

Question 2. How should the received insurance indemnity be reflected in the lessee?

The amount of insurance compensation received is accounted for by the lessee as part of non-operating income.

The lessee takes into account the costs of repairing the leased asset when calculating income tax as part of expenses (clause 2 of article 260TC). The corresponding costs must be economically justified, documented, and under the terms of the leasing agreement, the obligation to restore (repair) the leased asset was assigned to the lessee.

In the event of the loss of the leased asset as a result of an insured event, the lessee writes off its value from the accounting records.

The residual value of the leased asset is included in the debit of account 91 in correspondence with the credit of account 01 "Fixed assets";

The amount of insurance compensation received by the organization from the insurance company is reflected in the debit of account 51 "Settlement accounts" and the credit of account 91.

The tax accounting of the lessee must also reflect non-operating income in the amount of insurance compensation.

In the case when the lessee receives from the lessor the amount of insurance compensation remaining after the closing of all monetary obligations under the leasing agreement, then this, theoretically, is his income, which should fall into the income tax base. At the same time, this amount is already subject to income tax, since all insurance compensation received is the income of the lessor. But double taxation of the same Money not logical. As a solution to the problem of double taxation, the participants in the discussion proposed the option of reflecting the amounts received from the lessee as compensation for damage.

Question 3. If the property is reflected on the balance sheet of the lessee, the cost of the leased asset in accounting can be formed taking into account interest on leasing for the entire period of the contract. How, in this case, is the fixed asset written off and how is this linked to the receipt of insurance compensation?

According to paragraph 14 of PBU 6/01, the value of fixed assets is not subject to change. If the destruction of the fixed asset has occurred, its residual value is fully written off as expenses on the basis of the write-off certificate in the form of OS-4, OS-4a and a mark in the fixed asset accounting card (OS-6). However, when reflecting the value of the leased asset, taking into account interest, the issue of writing off the residual value remains open and the participants in the discussion did not come to a consensus and develop specific recommendations.

Question 4. When reflecting the subject of leasing on the balance sheet of the lessor, part of the advance may not be credited. How is the lessee's accounts receivable under the leasing agreement and the uncredited advance payment written off upon receipt of insurance compensation?

The procedure for offsetting the advance depends on the terms of the lease agreement. Two options may apply.

1 option /p>

The advance payment is credited against the existing accounts receivable

Option 2

After full settlement with the lessee for monetary obligations under the leasing agreement and the appearance of the lessor's obligation to return part of the insurance compensation to the lessee, the undeducted advance can be used as a source of payment. In this case, the lessee will not be required to charge income tax on the amount received

Question 5. How does the lessee reflect the sale of good balances?

In the process of discussing this issue, the participants noted that suitable residues are not the property of the lessee, therefore, in order to sell them, they must first be purchased. The question was also discussed, whether suitable residues are the subject of leasing, or is it a separate object of accounting.

Within the framework of the round table, it was not possible to develop a unified position and specific recommendations, and it was noted that this issue requires further discussion and elaboration.

Additional questions.

Question 1. Can the Lessee attribute to expenses payments in terms of reimbursement to the Lessor of expenses for property insurance, taxes (transport and property)? If LD imposes VAT on these payments, can it be presented on the basis of invoices?

During the discussion, the participants noted that in order to include insurance reimbursement amounts, taxes, etc. in the composition of expenses, it is necessary that these amounts be designated as lease payments. At the same time, the amounts of reimbursement of expenses are part of the price of the contract, and therefore are included in the base subject to VAT.

Sometimes in the practice of leasing companies there are schemes when the lessee reimburses the lessor for the costs of insuring the leased asset on the basis of an agency agreement.

Question 2. How can the lessee take into account the amount of traffic police fines issued by the Lessor to the Lessee for leasing cars, in cases where:

• The lessor has set fines in full;
• The lessor has set fines plus an additional payment.

Expenses in the form of a fine are not taken into account when taxing the profits of organizations (Letter of the Ministry of Finance of Russia dated March 12, 2010 N 03-03-06 / 1/127).

Debit 99 Credit 76 - fined

Debit 76 Credit 51 - payment made

The amount of the additional payment, the lessee reflects as expenses for ordinary activities on the relevant expense accounts.