PBU for accounting of receivables and payables. PBU accounts payable

The appearance of these indicators indicates the failure of one of the parties to the transaction to comply with the terms of the agreement regarding payment. The procedure for reflecting receivables and payables in financial statements is provided for by the Accounting Regulations.

What is accounts receivable

Accounts receivable- this is the money that the organization owes its counterparties, which will be received in the future for services already rendered or goods delivered. The appearance of accounts receivable is associated with a temporary gap in the fact of the organization’s economic activity and its payment by the other party. Accounts receivable arise not only under purchase and sale or service agreements, but also in connection with the issuance of cash on account to an employee from the organization's cash desk or the issuance of a loan. When accounts receivable and payable arise, these indicators are necessarily reflected in the financial statements.

Accounts receivable are unpleasant for businessmen because they remove funds from turnover, limiting the organization’s capabilities, for example, in increasing the volume of products produced. An increase in the amount of accounts receivable threatens the organization with possible bankruptcy. In this regard, it is necessary to deal with such debt in a timely manner.

What is accounts payable

Accounts payable, unlike accounts receivable, are debts of an organization that it must repay within a specified time frame. These debts may arise in relation to suppliers, employees, contractors and the state. Accounts payable may arise when one of the following payments is not paid:

• contributions to public funds;
• tax payments;
• settlements with counterparties;
• founders' dividends;
• staff remuneration.

If there are accounts receivable and payable, the financial statements must indicate the above reasons on which they arise.

Accounts payable has a negative connotation, since litigation may arise in connection with it, but it also has an undeniable positive aspect - in essence, it is a loan, money that can be used in business, only without paying interest on the use. However, it must be remembered that the outstanding accounts payable may become the basis for litigation and criminal prosecution.

Accounts receivable and payable in financial statements

Accounts receivable and payable are recorded in:

When reflecting accounts receivable on the balance sheet, it is necessary to determine whether it is short-term (payment period up to 12 months) or long-term (more than 12 months). In Section II “Current Assets” of the balance sheet, short-term receivables are recorded on maturity 240, long-term accounts on line 230. Each of the indicators includes receivables from buyers and customers.

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Accounts receivable and payable are reflected in the financial statements in the assets and liabilities of the balance sheet, respectively. Accounts payable are reflected in Section V “Current liabilities” of the balance sheet on lines 620 – 625:

The appendix to the balance sheet in the “Accounts receivable and payable” section reflects the balance of each debt, the moment of their occurrence, as well as data on the movement of debt.

Order of the Ministry of Finance of the Russian Federation dated July 6, 1999 N 43n “On approval of the Accounting Regulations “Accounting Statements of an Organization” PBU 4/99” (with amendments and additions)

"On approval of the Accounting Regulations

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"Accounting statements of an organization" PBU 4/99"

GUARANTEE:

In accordance with the Reform Program accounting in accordance with international standards financial statements, approved by Government resolution Russian Federation dated March 6, 1998 No. 283 (Collection of Legislation of the Russian Federation, 1998, No. 11, Art. 1290), I order:

1. Approve the attached Accounting Regulations “Accounting statements of an organization” PBU 4/99.

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2. Recognize the order of the Ministry of Finance of the Russian Federation dated February 8, 1996 No. 10 “On approval of the Accounting Regulations “Accounting Statements of an Organization” PBU 4/96” as invalid.

3. Put this order into effect starting with the 2000 financial statements.

Minister of Finance of the Russian Federation

Accounting Regulations

"Accounting statements of an organization" PBU 4/99

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With changes and additions from:

GUARANTEE:

On the forms of financial statements of organizations used starting with the annual financial statements for 2011, see Order of the Ministry of Finance of the Russian Federation dated July 2, 2010 N 66n

See comments to this provision

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I. General provisions

GUARANTEE:

On the procedure for submitting financial statements, see letter of the Ministry of Finance of the Russian Federation dated September 29, 2003 N/31

Information about changes:

By Order of the Ministry of Finance of the Russian Federation dated November 8, 2010 N 142n, paragraph 1 of these Regulations was amended, coming into force on January 1, 2011.

1. These Regulations establish the composition, content and methodological basis for the preparation of financial statements of organizations that are legal entities under the legislation of the Russian Federation, except credit institutions and state (municipal) institutions.

2. The provision does not apply when preparing reports developed by an organization for internal purposes, reports compiled for state statistical observation, reporting information submitted to a credit organization in accordance with its requirements, and compilation of reporting information for other special purposes, if the rules for the preparation of such reports and information does not provide for the use of this Regulation.

3. These Regulations are applied by the Ministry of Finance of the Russian Federation when establishing:

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standard forms of financial statements and instructions on the procedure for preparing statements;

simplified procedure for preparing financial statements for small businesses and non-profit organizations;

features of the formation of consolidated financial statements;

features of the formation of financial statements in cases of reorganization or liquidation of an organization;

features of the formation of financial statements by insurance organizations, non-governmental pension funds, professional participants in the securities market and other organizations in the field of financial intermediation;

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procedure for publishing financial statements.

4. For the purposes of these Regulations, the concepts below mean the following:

financial statements - one system data on the property and financial position of the organization and the results of its economic activities, compiled on the basis of accounting data in established forms;

reporting period - the period for which the organization must prepare financial statements;

reporting date - the date as of which the organization must prepare financial statements;

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user - a legal or natural person interested in information about the organization.

III. Composition of financial statements and general requirements for them

5. Accounting statements consist of a balance sheet, a profit and loss statement, appendices thereto and an explanatory note (hereinafter, the appendices to the balance sheet and profit and loss report and the explanatory note are referred to as explanatory notes to the balance sheet and profit and loss report), and Also auditor's report, confirming the reliability of the organization’s financial statements, if they are subject to mandatory audit in accordance with federal laws.

6. Accounting statements must provide a reliable and complete picture of the financial position of the organization, the financial results of its activities and changes in its financial position. Financial statements prepared on the basis of the rules established by regulatory acts on accounting are considered reliable and complete.

If, when preparing financial statements based on the rules of these Regulations, an organization reveals that there is insufficient data to form a complete picture of the financial position of the organization, the financial results of its activities and changes in its financial position, then the organization includes relevant additional indicators and explanations in the financial statements.

If, when preparing financial statements, the application of the rules of these Regulations does not allow one to form a reliable and complete picture of the financial position of the organization, the financial results of its activities and changes in its financial position, then the organization in exceptional cases (for example, nationalization of property) may deviate from these rules.

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7. When preparing financial statements, the organization must ensure the neutrality of the information contained in it, i.e. unilateral satisfaction of the interests of some groups of users of financial statements over others is excluded.

Information is not neutral if, through selection or presentation, it influences the decisions and evaluations of users to achieve predetermined results or consequences.

8. The organization’s financial statements must include performance indicators for all branches, representative offices and other divisions (including those allocated to separate balance sheets).

9. When drawing up the balance sheet, profit and loss statement and explanations thereto, the organization must adhere to its accepted content and form consistently from one reporting period to another.

Changes to the accepted content and form of the balance sheet, profit and loss statement and explanations thereto are permitted in exceptional cases, for example, when the type of activity changes. The organization must provide confirmation of the validity of each such change. A significant change must be disclosed in the notes to the balance sheet and income statement together with the reasons for the change.

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10. For each numerical indicator of the financial statements, except for the report prepared for the first reporting period, data must be provided for at least two years - the reporting year and the one preceding the reporting year.

If the data for the period preceding the reporting period are not comparable with the data for the reporting period, then the first of these data are subject to adjustment based on the rules established by regulatory acts on accounting. Each material adjustment must be disclosed in the notes to the balance sheet and income statement along with the reasons for the adjustment.

11. Items of the balance sheet, profit and loss statement and other separate forms of financial statements that are subject to disclosure in accordance with accounting provisions and for which there are no numerical values ​​of assets, liabilities, income, expenses and other indicators are crossed out (in standard forms) or are not provided (in forms developed independently and in the explanatory note).

Indicators about individual assets, liabilities, income, expenses and business transactions should be presented separately in the financial statements if they are significant and if without knowledge of them by interested users it is impossible to assess the financial position of the organization or the financial results of its activities.

Indicators about certain types of assets, liabilities, income, expenses and business transactions may be presented in the balance sheet or profit and loss statement in a total amount with disclosure in the notes to the balance sheet and profit and loss statement, if each of these indicators individually is not significant for assessments by interested users of the financial position of the organization or the financial results of its activities.

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12. For the preparation of financial statements, the reporting date is considered to be the last calendar day of the reporting period.

13. When preparing financial statements for the reporting year, the reporting year is the calendar year from January 1 to December 31 inclusive.

The first reporting year for newly created organizations is considered to be the period from the date of their state registration to December 31 of the corresponding year, and for organizations created after October 1 - to December 31 of the following year.

14. Each component part of the financial statements provided for in paragraph 5 of these Regulations must contain the following data: name of the component part; indication of the reporting date or reporting period for which the financial statements were prepared; name of the organization indicating its organizational and legal form; format for presenting numerical indicators of financial statements.

15. Accounting statements must be prepared in Russian.

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16. Accounting statements must be prepared in the currency of the Russian Federation.

17. Accounting statements are signed by the head and chief accountant (accountant) of the organization.

In organizations where accounting is carried out on a contractual basis by a specialized organization (centralized accounting department) or a specialist accountant, the financial statements are signed by the head of the organization and the head of the specialized organization (centralized accounting department) or by a specialist conducting accounting.

18. The balance sheet should characterize the financial position of the organization as of reporting date.

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19. In the balance sheet, assets and liabilities should be presented with a division depending on the maturity period (maturity) into short-term and long-term. Assets and liabilities are presented as short-term if their maturity (maturity) period is no more than 12 months after the reporting date or the duration of the operating cycle, if it exceeds 12 months. All other assets and liabilities are presented as non-current.

20. The balance sheet must contain the following numerical indicators (taking into account what is stated in paragraphs 6 and 11 of these Regulations):

Rights to intellectual (industrial) property Patents, licenses, trademarks, service marks, other similar rights and assets Organizational expenses Business reputation of the organization

Land plots and environmental management facilities Buildings, machinery, equipment and other fixed assets Construction in progress

Profitable investments in material assets

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Property for leasing Property provided under a rental agreement

Investments in subsidiaries Investments in dependent companies Investments in other organizations Loans provided to organizations for a period of more than 12 months Other financial investments

Raw materials, materials and other similar assets Costs in work in progress (distribution costs) Finished products, goods for resale and goods shipped Deferred expenses

Value added tax on purchased assets

Buyers and customers Bills receivable Debt of subsidiaries and affiliates Debt of participants (founders) for contributions to the authorized capital Advances issued Other debtors

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Loans provided to organizations for a period of less than 12 months Own shares purchased from shareholders Other financial investments

Current accounts Currency accounts Other cash

Capital and reserves

Authorized capital Additional capital Reserve capital

Reserves formed in accordance with legislation Reserves formed in accordance with constituent documents

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Retained earnings (uncovered loss - deducted)

Loans due to be repaid more than 12 months after the reporting date Loans due to be repaid more than 12 months after the reporting date

Loans due to be repaid within 12 months after the reporting date Loans due to be repaid within 12 months after the reporting date

Suppliers and contractors Bills payable Debt to subsidiaries and dependent companies Debt to the organization's personnel Debt to the budget and state extra-budgetary funds Debt to participants (founders) for payment of income Advances received Other creditors

Deferred income Reserves upcoming expenses and payments

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21. The profit and loss statement must characterize the financial results of the organization for the reporting period.

Information about changes:

By Order of the Ministry of Finance of the Russian Federation dated September 18, 2006 N 115n, changes were made to paragraph 22 of these Regulations, which come into force starting with the annual financial statements for 2006.

22. In the income statement, income and expenses must be shown with divisions into ordinary and other.

Information about changes:

By Order of the Ministry of Finance of the Russian Federation dated September 18, 2006 N 115n, changes were made to paragraph 23 of these Regulations, which come into force starting with the annual financial statements for 2006.

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23. The profit and loss statement must contain the following numerical indicators (taking into account what is stated in paragraphs 6 and 11 of these Regulations):

Proceeds from the sale of goods, products, works, services minus value added tax, excise taxes, etc. taxes and obligatory payments (net revenue)

Cost of goods, products, works, services sold (except for commercial and administrative expenses)

Profit/loss from sales

Interest receivable

Percentage to be paid

Income from participation in other organizations

Profit/loss before tax

Income tax and other similar mandatory payments

Profit/loss from ordinary activities

Net profit (retained profit (uncovered loss)

about profits and losses

24. The notes to the balance sheet and income statement should disclose information relating to accounting policy organization, and provide users with additional data that is not appropriate to include in the balance sheet and income statement, but which is necessary for users of financial statements to realistically assess the financial position of the organization, the financial results of its activities and changes in its financial position.

25. Explanations to the balance sheet and profit and loss statement must indicate that the financial statements were prepared by the organization based on the accounting and reporting rules in force in the Russian Federation, except in cases where the organization made deviations from these rules when preparing the financial statements in accordance with clause 6 of these Regulations.

Significant deviations must be disclosed in the financial statements, indicating the reasons that caused these deviations, as well as the effect that these deviations had on understanding the state of the financial position of the organization, reflecting the financial results of its activities and changes in its financial position. The organization must provide confirmation of the assessment in monetary terms of the consequences of deviations from the accounting and reporting rules in force in the Russian Federation.

26. The procedure for disclosing the accounting policy of an organization is established by the Accounting Regulations “Accounting Policy of Organizations” PBU 1/98 (order of the Ministry of Finance of Russia dated December 9, 1998, registered with the Ministry of Justice of Russia on December 31, 1998, registration number 1673).

Information about changes:

By Order of the Ministry of Finance of the Russian Federation dated September 18, 2006 N 115n, changes were made to paragraph 27 of these Regulations, which come into force starting with the annual financial statements for 2006.

27. Explanations to the balance sheet and profit and loss account must disclose the following additional information:

on the presence at the beginning and end of the reporting period and the movement during the reporting period of certain types of intangible assets;

on the availability at the beginning and end of the reporting period and the movement during the reporting period of certain types of fixed assets;

on the availability at the beginning and end of the reporting period and the movement of leased fixed assets during the reporting period;

on the availability at the beginning and end of the reporting period and the movement during the reporting period of certain types of financial investments;

on the existence of certain types of receivables at the beginning and end of the reporting period;

on changes in the capital (authorized, reserve, additional, etc.) of the organization;

on the number of shares issued by the joint-stock company and fully paid; the number of shares issued but not paid or partially paid; par value of shares owned joint stock company, its subsidiaries and affiliates;

on the composition of reserves for future expenses and payments, estimated reserves, their availability at the beginning and end of the reporting period, the movement of funds from each reserve during the reporting period;

on the existence of certain types of accounts payable at the beginning and end of the reporting period;

on sales volumes of products, goods, works, services by type (industry) of activity and geographic markets (activity);

about extraordinary facts of economic activity and their consequences;

about any issued and received security for the organization’s obligations and payments;

about events after the reporting date and contingent facts of economic activity;

GUARANTEE:

See the Accounting Regulations “Estimated Liabilities, Contingent Liabilities and Contingent Assets” (PBU 8/2010), approved by Order of the Ministry of Finance of the Russian Federation dated December 13, 2010 N 167n

28. Explanations to the balance sheet and profit and loss statement disclose information in the form of separate reporting forms (cash flow statement, statement of changes in capital, etc.) and in the form of an explanatory note.

The item in the balance sheet and income statement to which explanations are provided must indicate such disclosure.

29. The financial statements must disclose data on cash flows in reporting period, characterizing the availability, receipt and expenditure of funds in the organization.

The cash flow statement must characterize changes in the financial position of the organization in the context of current, investing and financing activities.

The cash flow statement must contain the following numerical indicators (taking into account what is stated in paragraphs 6 and 11 of these Regulations):

Cash balance at the beginning of the reporting period

Funds received - total

from the sale of products, goods, works and services

from the sale of fixed assets and other property

advances received from buyers (customers)

budgetary allocations and other targeted funding

loans and borrowings, dividends received, interest on financial investments

Funds sent - total

to pay for goods, works, services

for wages

for contributions to state extra-budgetary funds

for issuing advances

for financial investments

for payment of dividends, interest on securities

for budget calculations

to pay interest on loans received

other payments, transfers

Cash balance at the end of the reporting period

30. Business partnerships and companies, as part of their financial statements, must disclose information about the presence and changes in the authorized (share) capital, reserve capital and other components of the organization’s capital.

The statement of changes in capital must contain the following numerical indicators (taking into account what is stated in paragraphs 6 and 11 of these Regulations):

The amount of capital at the beginning of the reporting period

Capital increase - total

through additional issue of shares

due to property revaluation

due to property growth

due to reorganization legal entity(merger, accession)

at the expense of income that, in accordance with the rules of accounting and reporting, are directly attributed to the increase in capital

Reduction of capital - total

by reducing the par value of shares

by reducing the number of shares

due to the reorganization of a legal entity (division, spin-off)

due to expenses that, in accordance with the rules of accounting and reporting, are directly included in the reduction of capital

The amount of capital at the end of the reporting period

31. Explanations to the balance sheet and profit and loss statement must disclose (if these data are not included in the information accompanying the accounting report):

legal address of the organization;

main activities;

average annual number of employees for the reporting period or number of employees as of the reporting date;

composition (names and positions) of members of the organization’s executive and control bodies.

VII. Rules for evaluating financial statements items

32. When assessing the items in the financial statements, the organization must ensure compliance with the assumptions and requirements provided for by the Accounting Regulations “Accounting Policies of the Organization” PBU 1/98.

33. The balance sheet data at the beginning of the reporting period must be comparable with the balance sheet data for the period preceding the reporting period (taking into account the reorganization carried out, as well as changes related to the application of the Accounting Regulations “Accounting Policies of the Organization”).

34. In the financial statements, offsets between items of assets and liabilities, items of profit and loss are not allowed, except in cases where such offset is provided for by the relevant accounting provisions.

35. The balance sheet should include numerical indicators in a net valuation, i.e. minus regulatory values, which must be disclosed in the notes to the balance sheet and profit and loss account.

36. The rules for evaluating individual items of financial statements are established by the relevant accounting provisions.

37. When deviating from the rules provided for in paragraphs of these Regulations, significant deviations must be disclosed in the notes to the balance sheet and profit and loss statement, along with an indication of the reasons that caused these deviations and the effect that these deviations had on the understanding of the financial position organization, reflection of the financial results of its activities and changes in its financial position.

38. Items in the financial statements prepared for the reporting year must be supported by the results of the inventory of assets and liabilities.

VIII. Information accompanying financial statements

39. An organization may provide additional information accompanying financial statements if the executive body considers it useful for interested users when making economic decisions. It reveals the dynamics of the most important economic and financial indicators activities of the organization over a number of years; planned development of the organization; expected capital and long-term financial investments; policy regarding borrowed money, risk management; activities of the organization in the field of research and development work; environmental protection measures; other information.

Additional information, if necessary, can be presented in the form of analytical tables, graphs and diagrams.

When disclosing additional information, for example, environmental protection measures, the main ongoing and planned activities of the organization in the field of protection are provided. environment, the impact of these measures on the level of long-term investments and profitability in the reporting year, characteristics of the financial consequences for future periods, data on payments for violation of environmental legislation, environmental payments and fees for Natural resources, current environmental protection costs and the degree of their impact on the financial results of the organization.

IX. Audit of financial statements

40. In cases provided for by federal laws, financial statements are subject to mandatory audit.

41. The final part of the auditor’s report issued based on the results of the mandatory audit of financial statements must be attached to these statements.

X. Publicity of financial statements

42. Accounting statements are open to users - founders (participants), investors, credit institutions, creditors, buyers, suppliers, etc. The organization must provide an opportunity for users to familiarize themselves with the accounting statements.

43. The organization is obliged to ensure the submission of annual financial statements to each founder (participant) within the time limits established by the legislation of the Russian Federation.

44. The organization is obliged to submit financial statements in one copy (free of charge) to the state statistics body and to other addresses provided for by the legislation of the Russian Federation, within the time limits established by the legislation of the Russian Federation.

45. In cases provided for by the legislation of the Russian Federation, the organization publishes its financial statements along with the final part of the audit report.

46. ​​Publication of financial statements is carried out no later than June 1 of the year following the reporting year, unless otherwise established by the legislation of the Russian Federation.

47. The date of submission of financial statements for an organization is considered to be the day of its mailing or the day of its actual transfer by ownership.

If the date of submission of financial statements falls on a non-working day (weekend), then the deadline for submission of financial statements is considered to be the first working day following it.

XI. Interim financial statements

48. The organization must prepare interim financial statements for the month, quarter on an accrual basis from the beginning of the reporting year, unless otherwise established by the legislation of the Russian Federation.

49. Interim financial statements consist of a balance sheet and a profit and loss account, unless otherwise established by the legislation of the Russian Federation or the founders (participants) of the organization.

GUARANTEE:

See letter of the Department of Accounting Methodology and Reporting of the Ministry of Finance of the Russian Federation dated September 3, 2003 N/270

50. General requirements to the interim financial statements, the contents of their parts, the rules for evaluating items are determined in accordance with these Regulations.

51. The organization must prepare interim financial statements no later than 30 days after the end of the reporting period, unless otherwise provided by the legislation of the Russian Federation.

52. The presentation and publication of interim financial statements is carried out in cases and in the manner provided for by the legislation of the Russian Federation or the constituent documents of the organization.

Order of the Ministry of Finance of the Russian Federation dated July 6, 1999 N 43n “On approval of the Accounting Regulations “Accounting Statements of an Organization” PBU 4/99”

According to the letter of the Ministry of Justice of the Russian Federation dated August 6, 1999 N 6417-PK, this order does not require state registration, since it does not contain new legal norms

The text of the order was published in the newspaper "Financial Russia" from August 1999, N 30, in the "Financial Gazette", August 1999, N 34, in the newspaper "Economy and Life", August 1999, N 35, in the newspaper " Taxes", September 1999, N 21, in the magazine " Regulatory acts for an accountant", dated September 2, 1999, N 17, in the magazine "Tax Bulletin", 1999, N 10, in the magazine "Express-Zakon", September 1999, N 36, in the magazine "Regulatory acts on finance, taxes, insurance and accounting", 1999, N 10, in the magazine "Russian Tax Courier" (Tab "Documents on Taxation"), N 4, 2000, in the magazine "Russian Tax Courier", tab " Documents on taxation", N 10, 2000.

The order came into force starting from the financial statements of 2000

From June 19, 2017, the Regulations approved by this order are recognized as federal accounting standards

This document is amended by the following documents:

The changes come into force starting from the annual financial statements for 2006.

© NPP GARANT-SERVICE LLC, 2018. The GARANT system has been produced since 1990. The Garant company and its partners are members of the Russian Association of Legal Information GARANT.

In a crisis, the risk of non-payment increases significantly. Therefore, the topic of debt accounting is becoming one of the most pressing. In this article we will look at the features of accounting for receivables and payables, their impact on taxation, as well as the methods and procedure for writing them off.

Accounting for advances

VAT deduction on advances received.

In addition to the fact that the received advance payment is subject to VAT taxation (subclause 2 of clause 1 of Article 167 of the Tax Code of the Russian Federation), from January 1, 2009, organizations have the right to take advantage of the deduction of VAT on advances transferred (clause 12 of Article 171 of the Tax Code of the Russian Federation).

It is interesting that civil legislation does not cover the concept of an advance. At the same time, based on the custom of business turnover, an advance is nothing more than an advance payment. This equality is also observed in tax legislation (clause 3 of Article 58 of the Tax Code of the Russian Federation). However, for some reason, in accounting legislation, although the concept of advance is not defined, it is separated from prepayment. Thus, in accordance with paragraph 3 of PBU 9/99 “Income of the organization”, approved by order of the Ministry of Finance dated May 6, 1999 No. 32n, are not recognized as income, in particular, receipts in advance payment for products, goods, works, services, advances in payment account for products, goods, works, services. Moreover, this distinction also takes place in paragraph 3 of PBU 10/99 “Expenses of the organization”, approved by order of the Ministry of Finance of the Russian Federation dated May 6, 1999 No. 33n.

So, as already mentioned, the Federal Law of November 26, 2008 No. 224-FZ, from January 1, 2009, established the right of the taxpayer to deduct VAT on the listed advances. Let us note that this deduction is precisely a right, and not an obligation (clause 1 of Article 171 of the Tax Code of the Russian Federation). At the same time, do not use this right does not subsequently affect the deduction of VAT upon shipment of goods, because the norms of the Tax Code of the Russian Federation do not contain any relationship between these deductions. In addition, when shipping the goods, all conditions for applying the deduction established by paragraph 1 of Article 172 of the Tax Code of the Russian Federation will be met. A similar position is expressed in the letter of the Ministry of Finance of the Russian Federation dated March 6, 2009 No. 03-07-15/39.

Application of VAT deduction on advances listed is possible if the conditions listed in paragraph 9 of Article 172 of the Tax Code of the Russian Federation are met. Namely:

Availability of an invoice for advance payment

Availability of documents confirming the transfer of the advance

Availability of an agreement providing for the transfer of an advance

This raises many questions, for example, is it possible to deduct VAT if payment was made in cash? In this case, if you follow literally paragraph 9 of Article 172 of the Tax Code of the Russian Federation, then the right to a deduction does not arise, since there is no document for the transfer of the prepayment. The same applies to non-cash payments. Moreover, specialists from the Ministry of Finance of the Russian Federation share the same opinion in the above-mentioned letter.

The question also arises about the legality of deducting VAT on the listed advances in the absence of an agreement on the basis of an issued invoice containing a condition for the delivery of goods after payment or a condition for prepayment.

Thus, the Tax Code of the Russian Federation does not contain the concept of a contract, and in accordance with paragraph 1 of Article 11 of the Tax Code of the Russian Federation, the institutions, concepts and terms of civil, family and other branches of legislation of the Russian Federation used in the Tax Code of the Russian Federation are applied in the meaning in which they are used in these branches of legislation, unless otherwise provided by the Tax Code of the Russian Federation.

And according to paragraph 1 of Article 420 of the Civil Code of the Russian Federation, a contract is an agreement between two or more persons to establish, change or terminate civil rights and obligations.

An agreement is considered concluded if an agreement is reached between the parties, in the form required in appropriate cases, on all the essential terms of the agreement. Essential are the conditions on the subject of the contract, the conditions that are named in the law or other legal acts as essential or necessary for contracts of this type, as well as all those conditions regarding which, at the request of one of the parties, an agreement must be reached. An agreement is concluded by sending an offer (offer to conclude an agreement) by one of the parties and its acceptance (acceptance of the offer) by the other party (Article 432 of the Civil Code of the Russian Federation). At the same time, according to paragraph 1 of Article 433 of the Civil Code of the Russian Federation, the contract is recognized as concluded at the moment the person who sent the offer receives its acceptance. And based on paragraph 3 of Article 438 of the Civil Code of the Russian Federation, the commission by the person who received the offer, within the period established for its acceptance, of actions to fulfill the terms of the contract specified in it (shipment of goods, provision of services, performance of work, payment of the appropriate amount, etc.) is considered acceptance unless otherwise provided by law, other legal acts or specified in the offer.

Thus, if the invoice contains all the essential terms of the contract, then it is actually a contract. In favor this conclusion This is also evidenced by paragraph 3 of Article 434 of the Civil Code of the Russian Federation. Which states that the written form of the agreement is considered to be complied with if the written proposal to conclude an agreement is accepted in the manner prescribed by paragraph 3 of Article 438 of this Code.

However, financial department experts do not agree with this conclusion. In the letter of the Ministry of Finance dated 03/06/2009 No. 03-07-15/39, officials reported that if the condition for prepayment is not provided for in the agreement or there is no corresponding agreement, and the advance payment is transferred on the basis of an invoice, then the tax on the transferred advance payment is not deductible accepted.

The procedure for issuing and drawing up invoices for advance payments is established by paragraph 3 of Article 168 of the Tax Code of the Russian Federation and paragraph 5.1. Article 169 of the Tax Code of the Russian Federation. Thus, this document must be issued by the seller within five days from the date of receipt of the advance payment. At the same time, according to officials, an advance invoice may not be issued if the goods are shipped within five days from the date of receipt of the advance payment. Such invoices should not be issued upon receipt of advance payment for future supplies, which are subject to a zero rate and are not subject to taxation. However, the question of whether it is necessary to issue advance invoices to taxpayers with a long production cycle, who determine the moment of the tax base only by shipment (clause 13 of Article 167 of the Tax Code of the Russian Federation) remains open. Formally, paragraph 3 of Article 168 of the Tax Code of the Russian Federation does not contain any restrictions for such taxpayers. But on the other hand, paragraph 16 of the Decree of the Government of the Russian Federation dated December 2, 2000 No. 914 establishes that issued and (or) issued invoices are recorded in the sales book in all cases when the obligation to calculate value added tax arises. In this case, upon receipt of an advance payment, there is no obligation to calculate VAT. Therefore, in accordance with this Resolution, an advance invoice should not be issued. We only note that paragraph 8 of Article 169 of the Tax Code of the Russian Federation does not impose an obligation on the Government of the Russian Federation to determine in which cases an invoice should be issued and in which not, since it should only determine the procedure for maintaining a log of received and issued invoices, purchase books and sales books.

In addition, an invoice for an advance payment must be issued regardless of whether or not the prepayment condition is contained in the contract, and also regardless of the form of payment (cash, non-cash). After all, paragraph 3 of Article 168 of the Tax Code of the Russian Federation does not contain such restrictions.

The prepayment invoice must contain the following mandatory details:

1) serial number and date of issue of the invoice;

2) name, address and identification numbers of the taxpayer and buyer;

3) number of the payment and settlement document;

4) name of the goods supplied (description of work, services), property rights;

5) the amount of payment, partial payment for upcoming deliveries of goods (performance of work, provision of services), transfer of property rights;

6) tax rate;

7) the amount of tax imposed on the buyer of goods (works, services), property rights, determined based on the applicable tax rates.

A special form for such invoices has not been developed, so officials propose using the general Form established by Decree of the Government of the Russian Federation of December 2, 2000 No. 914.

In the letter in question, officials explain that when filling out the “Name of Goods” indicator in the invoice, one should be guided by the name of the goods (description of work, services) specified in the contracts. In this case, it is allowed to indicate the general name of the goods supplied, if they are specified in this order in the contract, and a specific list of goods is supplied on the basis of the specification (application).

In addition, officials note that when receiving advance payment (partial payment) under contracts for the supply of goods, the taxation of which is carried out at rates of both 10 and 18 percent, the invoice should indicate either the generic name of the goods indicating the rate of 18/118, or allocate goods into separate positions based on the information contained in contracts, indicating the corresponding tax rates.

And when issuing an invoice for advance payment (partial payment) received under contracts providing for different delivery times for goods (performance of work, provision of services), the amount of this payment should not be allocated to separate items.

This letter also explains the procedure for issuing an invoice upon receipt of an advance payment by the commission agent. Thus, an invoice for this payment (partial payment) is issued to the buyer by the commission agent (agent), and the principal (principal) issues the commission agent (agent) an invoice, which reflects the indicators of the invoice issued by the commission agent (agent) to the buyer. At the same time, the commission agent (agent) does not register invoices for payment (partial payment) for upcoming deliveries of goods (performance of work, provision of services, transfer of property rights) issued by him to the buyer in the sales book.

Based on subparagraph 3 of paragraph 3 of Article 170 of the Tax Code of the Russian Federation, VAT deductions from advances are subject to restoration in the tax period in which the shipment occurred. It should be noted that based on paragraph 16 of the Decree of the Government of the Russian Federation of December 2, 2000 No. 914, upon restoration in the manner established by paragraph 3 of Article 170 of the Tax Code of the Russian Federation, amounts of value added tax accepted for deduction by the taxpayer on goods (works, services) ), including fixed assets and intangible assets, property rights in the manner prescribed by Chapter 21 of the Tax Code of the Russian Federation, invoices on the basis of which tax amounts were previously accepted for deduction are subject to registration in the sales book for the amount of tax to be restored.

Debt in foreign currency and u.e.

Let us recall that for accounting purposes it does not matter how payment will be made (in rubles or foreign currency) for an obligation denominated in foreign currency. In both cases, an exchange rate difference is formed from the revaluation of debt for purchased (sold) goods, works or services (clauses 1, 3 of PBU 3/2006 “Accounting for assets and liabilities, the value of which is expressed in foreign currency”, approved by Order of the Ministry of Finance of the Russian Federation dated November 27, 2006 No. 154n).

In this case, the recalculation of such debt occurs on the date of the transaction (the date of recognition of income or the posting of goods, works, services and the date of repayment of the debt), as well as on the reporting date, i.e. monthly on the last calendar day of the month (clause 7 PBU 3/2006, clauses 12, 48 PBU 4/99 “Accounting statements of an organization”, approved by order of the Ministry of Finance of the Russian Federation dated July 6, 1999 No. 43n). Let us note that such recalculation is carried out at the rate of the Central Bank of the Russian Federation, and if for the recalculation of the value of an obligation expressed in foreign currency and payable in rubles, a different rate is established by law or by agreement of the parties, then the recalculation is made at this rate.

As for tax accounting, exchange rate differences arise only when the obligation is payable in foreign currency (clause 11 of Article 250 of the Tax Code of the Russian Federation, subclause 5 of clause 1 of Article 265 of the Tax Code of the Russian Federation).

The debt is recalculated at the rate of the Central Bank of the Russian Federation on the date of the transaction (the date of recognition of income or the posting of goods, works, services and the date of repayment of the debt) as well as on the last day of the reporting (tax) period (subclause 7 of clause 4 and clause 8 of Article 271 of the Tax Code of the Russian Federation, subparagraph 6 of paragraph 7 and paragraph 10 of Article 271 of the Tax Code of the Russian Federation). Please note that the reporting period for income tax is a quarter, with the exception of organizations that pay monthly advance payments based on actual profits. For them, the reporting period is set as a month (clause 2 of Article 285 of the Tax Code of the Russian Federation).

Consequently, if the company does not pay monthly advance payments based on actual profits, then the revaluation of debt in foreign currency will occur quarterly.

Thus, there is clearly no coincidence in the frequency of revaluation of debt in foreign currency and the recognition of income (expense) in the form of exchange rate differences between accounting (monthly) and tax accounting (quarterly). This circumstance leads to the need to reflect differences in accounting (PBU 18 “Accounting for income tax calculations”, approved by Order of the Ministry of Finance of the Russian Federation dated November 19, 2002 No. 114n), only which ones - temporary or permanent?

Let's try to figure it out using an example.

Example 1.

Under a supply agreement denominated in foreign currency and providing for deferred payment, the organization shipped goods to a foreign counterparty on April 2, 2009 in the amount of $5,000. At the same time, the dollar exchange rate was 33 rubles. Accordingly, in the accounting records of the organization, the amount was formed in the amount of 165,000 rubles (5,000 * 33). Let’s say that on April 30, 2009, the dollar exchange rate was 34 rubles; accordingly, in the accounting records, the organization must reflect a positive exchange rate difference in the amount of 5,000 rubles (5,000 * (33 – 34)). On May 31, 2009, the US dollar exchange rate was 35 rubles; accordingly, the organization must again record a positive exchange rate difference in the amount of 5,000 rubles (5,000 * (34-35)). On June 30, 2009, the US dollar exchange rate was 36 rubles; accordingly, the organization must record a positive exchange rate difference in the amount of 5,000 rubles (5,000 * (35-36)).

Tax accounting will also reflect only the positive exchange rate difference as of June 30, 2009 in the amount of 15,000 rubles (5,000 * (33-36)).

As can be seen from the example, income between accounting and tax accounting in the situation under consideration are equal, there is only a difference in the moment of their recognition. This circumstance suggests that temporary differences should be reflected in accounting (clause 8 of PBU 18/02).

However, now let's change some conditions of the example. Let's assume that the dollar exchange rate as of April 2, 2009 was still 33 rubles. Accordingly, in the accounting records of the organization, accounts receivable in the amount of 165,000 rubles (5,000 * 33) were formed. As of April 30, 2009, the dollar exchange rate was 34 rubles; accordingly, in the accounting records, the organization must reflect a positive exchange rate difference in the amount of 5,000 rubles (5,000 * (33 – 34)). On May 31, 2009, the US dollar exchange rate was 33 rubles; accordingly, the organization must record a negative exchange rate difference in the amount of 5,000 rubles (5,000 * (34-33)). On June 30, 2009, the US dollar exchange rate fell again and amounted to 32 rubles; accordingly, the organization must again record a negative exchange rate difference in the amount of 5,000 rubles (5,000 * (33-32)).

In tax accounting, only a negative exchange rate difference as of June 30, 2009 in the amount of 5,000 rubles (5,000 * (33-32)) will be reflected.

As can be seen from the example, as of April 30, 2009, income was reflected in the accounting records in the form of a positive exchange rate difference, which will never be reflected in tax accounting. This circumstance allows us to conclude that in the situation under consideration, as of April 30, 2009, it is the constant difference that should be reflected (clause 4 of PBU 18/02).

Based on the foregoing, the discrepancy in the frequency of revaluation of debt in foreign currency between accounting and tax accounting leads to the formation of permanent differences.

Note that the monthly revaluation of debt in foreign currency in tax accounting in order to bring accounting closer together does not lead to an understatement of the tax base for income tax. However, this technique may entail some negative consequences. Thus, an organization can be held liable under Article 15.11 of the Code of Administrative Offences. Since non-reflection of permanent differences in accounting results in distortion of the lines in the financial statements. At the same time, the fine ranges from two to three thousand rubles for officials in case of distortion of the accounting line by more than 10%.

In addition, as already mentioned, for obligations denominated in foreign currency and payable in rubles, exchange differences arise in accounting, which are taken into account in the manner described above. However, with regard to tax accounting, these terms of the agreement lead to the formation of an amount difference.

Thus, in accordance with paragraph 11.1 of Article 250 and subparagraph 5.1 of paragraph 1 of Article 265 of the Tax Code of the Russian Federation, the amount difference is recognized as the difference arising from the taxpayer if the amount of obligations and claims incurred, calculated at the rate of conventional monetary units established by agreement of the parties on the date of sale (receipt) of goods ( works, services), property rights, does not correspond to the actual amount received (paid) in rubles.

At the same time, income (expenses) in the form of the amount difference are taken into account only on the date of repayment of the debt, and in the case of prepayment, on the date of sale (purchase) of goods, work or services (clause 7 of Article 271 and clause 9 of Article 272 of the Tax Code of the Russian Federation).

Note that such a difference in accounting also leads to the formation of permanent differences (clause 4 of PBU 18/02). Moreover, the question of which difference to reflect, permanent or temporary, is resolved in the manner given in Example 1.

Advances received or issued in foreign currency deserve special attention. Thus, for accounting purposes, revaluation of advances received and issued for obligations denominated in foreign currency, regardless of the currency of payment, is not carried out (clauses 7, 9 of PBU 3/2006).

As for tax accounting, the Tax Code of the Russian Federation does not contain any restrictions on the revaluation of advances received or issued in foreign currency. Specialists from the financial department adhere to a similar position - letter of the Ministry of Finance of the Russian Federation dated April 3, 2009 No. 03-03-06/1/220. Moreover, earlier officials claimed that when prepaid in foreign currency, exchange rate differences do not arise in tax accounting (letter of the Ministry of Finance of the Russian Federation dated September 4, 2008 No. 03-03-06/1/508).

Hence again the need arises to accrue permanent differences in accounting.

The situation is not simple with advances received (issued) in rubles for obligations denominated in foreign currency. Moreover, for accounting purposes, revaluation of such advances does not occur (clauses 1, 7 and 9 of PBU 3/2006). As for tax accounting, opinions are divided.

In some explanations, officials claim that amount differences in prepayments still arise and are taken into account as part of non-operating income (expenses) - letter of the Ministry of Finance of the Russian Federation dated December 6, 2006 No. 03-03-04/1/815, letter of the Federal Tax Service for the city. Moscow dated 02/02/2006 No. 20-12/7392.

In other explanations, controllers come to the opposite conclusion:

“If the contract price of goods (works, services), property rights is determined in conventional units and the parties to the contract agree on the date on which the contract price is determined based on the exchange rate of the conventional unit, then amount differences arise only if the moment of acquisition ( sale) falls on an earlier date than set by the parties to determine the contract price.

Thus, in cases where the contract price is determined by the parties in conventional units on the date of payment, then the amount differences arise only for that part of the cost of the goods (works, services, property rights) that turned out to be unpaid after obtaining ownership of the goods, property rights, results of work, receipt of services. If you pay in advance, there will be no difference in amounts.”

This point of view can be found in letters of the Federal Tax Service dated May 20, 2005 No. 02-1-08/86@, Federal Tax Service for Moscow dated December 6, 2007 No. 20-12/116284, Ministry of Finance of the Russian Federation dated September 4, 2008. No. 03-03-06/1/508.

The amount of VAT deduction for purchased goods, works or services also raises doubts, when the invoice is issued in conventional units, and the obligation provides for postpayment at the rate of the Central Bank of the Russian Federation on the day of payment. At the same time, paragraph 7 of Article 169 of the Tax Code of the Russian Federation allows the issuance of an invoice in foreign currency if the obligation is expressed in foreign currency. The Tax Code of the Russian Federation says nothing about invoices in conventional units. However, tax authorities allow the issuance of such an invoice - letter of the Federal Tax Service for Moscow dated April 12, 2007 No. 19-11/33695. This position is also shared by the courts - Resolution of the Federal Antimonopoly Service of the North-Western District dated December 22, 2006 in case No. A56-2921/2006, Resolution of the Federal Antimonopoly Service of the North-Western District dated April 8, 2008 in case No. A56-16847/2007.

This raises the question, how much VAT should be deducted on such an invoice if the goods are registered but not yet paid for?

The provisions of paragraph 1 of Article 172 provide only for the procedure for determining the amount of deduction when purchasing goods for foreign currency. Thus, when purchasing goods (work, services), property rights for foreign currency, foreign currency is converted into rubles at the rate Central Bank of the Russian Federation on the date of registration of goods (work, services), property rights.

However, in the situation under consideration, although the obligation is expressed in foreign currency, the goods are actually purchased for rubles.

According to the author, in this case, the exchange rate should be determined at the moment when all the requirements for applying the VAT deduction established by paragraph 1 of Article 172 of the Tax Code of the Russian Federation are met. Those. availability of an invoice, and the fact of acceptance of goods for registration. At the same time, in the future, the VAT deduction will be adjusted taking into account the amount differences that arose when paying Tax Code RF is not provided. A similar opinion can be found in the Resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated December 21, 2007 in case No. A43-6328/2007-34-140.

Let us note that there is another opinion regarding the adjustment of VAT deduction taking into account the amount differences. In a letter from the Federal Tax Service of the Russian Federation dated April 19, 2006 No. ШТ-6-03/417@, officials explained that when repaying debts on the basis of invoices issued in foreign currency (conventional monetary units), tax deductions on the date of repayment of accounts payable are subject to adjustment for the difference in tax amounts in the direction of their decrease or increase. Reducing tax deductions is carried out by restoring entries in the purchase book on the date of debt repayment.

And if taxpayers have invoices issued in rubles under contracts concluded in foreign currency (conventional monetary units), under the terms of which payment for goods (work, services) is made in rubles at the agreed rate on the day of payment, tax amounts are also subject to deductions adjustment on the date of repayment of accounts payable, subject to corrections in the relevant invoices.

A similar opinion is also found in arbitration practice - Resolution of the Federal Antimonopoly Service of the Ural District dated April 11, 2005 N F09-1259/05-AK.

Debt write-off.

Debt write-off is possible in the following cases:

Unrealities of collection (bad debts)

Debt forgiveness

Assignments of claims and transfer of debt

1. Bad debts

The concept of bad debt is given in paragraph 2 of Article 266 of the Tax Code of the Russian Federation. Bad debts (debts that are unrealistic for collection) are those debts to the taxpayer for which the established obligation has expired, as well as those debts for which, in accordance with civil law, the obligation has been terminated due to the impossibility of its fulfillment, on the basis of an act government agency or liquidation of the organization.

It should be noted that for the collection of debts arising from contracts for the supply of goods, works, and services, a general period has been established limitation period– three years (Article 196 of the Civil Code of the Russian Federation). At the same time, based on Article 197 of the Civil Code of the Russian Federation, for certain types of claims the law may establish special limitation periods, shorter or longer than the general period.

In addition, Article 203 of the Civil Code of the Russian Federation establishes the possibility of interrupting the limitation period. The deadline is interrupted in the following cases:

Filing a claim in accordance with the established procedure

The obligated person performs actions indicating recognition of the debt.

After the break, the limitation period begins anew; the time elapsed before the break does not count towards the new term.

Accordingly, even the signing of an act of reconciliation of mutual settlements leads to a break in the statute of limitations.

Also, Article 205 of the Civil Code of the Russian Federation provides for the possibility of the court reinstating the statute of limitations in exceptional cases. If his absence is due to valid reasons.

For tax accounting purposes, written-off debt is taken into account as part of non-operating income (expenses) on the basis of paragraph 18 of Article 250 and subparagraph 2 of paragraph 2 of Article 265 of the Tax Code of the Russian Federation.

Paragraph 4 of Article 271 of the Tax Code of the Russian Federation establishes the date for recognition of non-operating income for profit tax purposes. Thus, income in the form of accounts payable for which the statute of limitations has expired is taken into account as part of non-operating income on the last day of the reporting period in which the statute of limitations expires. A similar conclusion is contained in the letter of the Federal Tax Service of the Russian Federation for Moscow dated July 4, 2008 No. 20-12/063584.

Overdue receivables can be taken into account as expenses upon the occurrence of one of the grounds provided for in paragraph 2 of Article 266 of the Tax Code of the Russian Federation (letters of the Federal Tax Service for Moscow dated June 27, 2008 No. 20-12/060959, dated December 10, 2007 No. 20 -12/121646).

In accounting, bad debts are classified as other income (expenses) - clause 11 PBU 10/99 “Organizational expenses”, approved by order of the Ministry of Finance of the Russian Federation dated May 6, 1999 No. 33n, clause 7 PBU 9/99 “Organizational income”, approved by order Ministry of Finance of the Russian Federation dated May 6, 1999 No. 32n.

At the same time, amounts of accounts payable for which the statute of limitations has expired are taken into account as income in the reporting period in which the statute of limitations expired (clause 16 of PBU 9/99).

And the amount of accounts receivable that is unrealistic for collection is included in expenses in the period in which the debt is recognized as unrealistic for collection (clause 18 of PBU 10/99).

In addition, paragraphs 77 and 78 of the “Regulations on accounting and financial reporting in the Russian Federation”, approved by order of the Ministry of Finance of the Russian Federation dated July 29, 1998 No. 34n, establish the procedure for writing off bad debts.

Thus, receivables for which the statute of limitations has expired, and other debts that are unrealistic for collection are written off for each obligation based on the inventory data, written justification and order (instruction) of the head of the organization and are charged, respectively, to the account of the reserve for doubtful debts or to financial results from a commercial organization.

Amounts of accounts payable and depositors for which the statute of limitations has expired are written off for each obligation based on the inventory data, written justification and order (instruction) of the head of the organization and are included in the financial results of the commercial organization.

Special attention should be paid to the accounting of VAT calculated and paid on advances received, in the event that this advance is written off due to the expiration of the statute of limitations. Thus, the provisions of paragraph 5 of Article 171 of the Tax Code of the Russian Federation allow the deduction of VAT calculated and paid from advances only in cases of changes in the conditions or termination of the relevant agreement and the return of the advance. Accordingly, this rule is not applicable to the situation under consideration and it will not be possible to use the deduction of VAT calculated on the advance payment.

In accordance with subparagraph 1 of paragraph 1 of Article 264 of the Tax Code of the Russian Federation, other expenses associated with production and sales for the purpose of calculating income tax include the amounts of taxes and fees, customs duties and fees accrued in the manner established by the legislation of the Russian Federation, with the exception of those listed in the article 270 Tax Code of the Russian Federation. Clause 19 of Article 270 of the Tax Code of the Russian Federation establishes that when determining taxable profit, tax amounts presented in accordance with the Tax Code of the Russian Federation by the taxpayer to the buyer are not taken into account. However, was the tax presented in the situation under consideration? Based on paragraph 1 of Article 168 of the Tax Code of the Russian Federation, as amended, in force until January 1, 2009, the taxpayer was obliged to present the appropriate amount of tax only when selling goods, works, services. At the same time, implementation, first of all, is a transfer of ownership (clause 1 of Article 39 of the Tax Code of the Russian Federation). Accordingly, for advances received before January 1, 2009, the amount of VAT was not presented to the buyer. This means that this amount can be taken into account as part of income tax expenses in accordance with subparagraph 1 of paragraph 1 of Article 264 of the Tax Code of the Russian Federation when writing off an advance received in connection with the expiration of the statute of limitations.

On January 1, 2009, Federal Law No. 224-FZ dated November 26, 2008 amended paragraph 1 of Article 168 of the Tax Code of the Russian Federation. According to which, in the event that the taxpayer receives amounts of payment, partial payment for upcoming deliveries of goods (performance of work, provision of services), transfer of property rights realized on the territory of the Russian Federation, the taxpayer is obliged to present to the buyer of these goods (work, services), property rights the amount of tax calculated in the manner established by paragraph 4 of Article 164 of the Tax Code of the Russian Federation. Thus, it is unlikely that it will be possible to take into account VAT calculated and paid on an advance received after January 1, 2009 in income tax expenses in the event that this advance is written off due to the expiration of the statute of limitations. But, based on subparagraph 2 of paragraph 1 of Article 248 of the Tax Code of the Russian Federation, when determining income, the amounts of taxes presented in accordance with the Tax Code of the Russian Federation by the taxpayer to the buyer of goods, works, and services are excluded from them. Therefore, in this case, income for the purpose of calculating taxable profit will be net of VAT.

In the future, the question will arise about the procedure for accounting for VAT accepted for deduction on advances, in the event that the goods were never delivered, and the resulting receivables turn out to be unrealistic for collection. Indeed, in accordance with subparagraph 3, paragraph 3 of Article 170 of the Tax Code of the Russian Federation, the restoration of tax amounts is carried out by the buyer in the tax period in which the tax amounts on purchased goods (works, services), property rights are subject to deduction in the manner established by the Tax Code of the Russian Federation, or in that tax period the period in which there was a change in conditions or termination of the relevant contract and the return of the corresponding amounts of payment, partial payment received by the taxpayer on account of the upcoming supply of goods (performance of work, provision of services), transfer of property rights.

Tax amounts are subject to restoration in the amount previously accepted for deduction in relation to payment, partial payment for upcoming deliveries of goods (performance of work, provision of services), transfer of property rights.

Accordingly, in the situation under consideration, the amount of VAT accepted for deduction on the listed advances cannot be restored.

However, when writing off such receivables, it should be taken into account that when transferring the prepayment, the taxpayer was presented with the corresponding amount of VAT (clause 1 of Article 168 of the Tax Code of the Russian Federation). And, based on paragraph 19 of Article 270 of the Tax Code of the Russian Federation, this amount of VAT cannot be taken into account as part of income tax expenses. Accordingly, in the situation under consideration, receivables minus VAT, previously accepted for deduction, will be included in income tax expenses.

2. Debt forgiveness

In itself, debt forgiveness in accordance with civil law is classified as a gift agreement (clause 1 of Article 572 of the Civil Code of the Russian Federation). At the same time, Article 575 of the Civil Code of the Russian Federation establishes a ban on donations in relations between commercial organizations, with the exception of ordinary gifts whose value does not exceed three thousand rubles. We note that failure to comply with this restriction leads to the nullity of the transaction (Article 168 of the Civil Code of the Russian Federation).

However, by virtue of paragraph 3 of Article 2 of the Civil Code of the Russian Federation, civil legislation does not apply to property relations based on administrative or other power subordination of one party to the other, including tax and other financial and administrative relations, unless otherwise provided by law.

In addition, in accordance with paragraph 8 of Article 250 of the Tax Code of the Russian Federation, property received free of charge is classified as non-operating income for the purpose of calculating taxable profit. With the exception of property received from the founder, whose share is at least 50%, or from an organization in which the receiving party is directly involved and its share is at least 50%. Moreover, this restriction also applies to debt forgiveness (letter of the Ministry of Finance of Russia dated January 10, 2008 N 03-03-06/1/1, letter of the Federal Tax Service of Russia for Moscow dated January 17, 2007 N 20-12/004122).

On the other hand, according to paragraph 16 of Article 270 of the Tax Code of the Russian Federation, expenses in the form of the cost of gratuitously transferred property (work, services, property rights) and expenses associated with such transfer are not taken into account as expenses when calculating taxable profit.

In accounting, debt forgiveness is taken into account as part of other income (expenses) on the basis of paragraph 11 of PBU 10/99 and paragraph 7 of PBU 9/99.

3. Assignment of claims and transfer of debt

Relations regarding the assignment of the right of claim are regulated by Chapter 24 of the Civil Code of the Russian Federation. So, according to paragraph 1 of Art. 382 of the Civil Code of the Russian Federation, the creditor has the right to transfer (assign) his claim under an obligation to another person. Such a transaction is called an assignment. The one who no longer claims the debt (the original creditor) is the assignor, and the one who accepts (the new creditor) is the assignee.

Unless otherwise provided by law or contract, the debtor's consent to transfer the creditor's rights to another person is not necessary (clause 2 of Article 382 of the Civil Code of the Russian Federation).

When assigning rights of claim arising from a contract for the supply of goods, works or services, the organization, in accordance with established accounting rules, recognizes the amount of receivables listed in the account as other expenses, and the amount to be received from the new creditor for the assigned claim - in as part of other income (in correspondence with the account “Settlements with other debtors and creditors”) (clause 11 PBU 10/99, clause 7 PBU 9/99, Instructions for the application of the Chart of Accounts for accounting financial and economic activities of organizations, approved by Order of the Ministry of Finance Russia dated October 31, 2000 N 94n).

As for tax accounting, in accordance with subclause 2.1. paragraph 1 of article 268 of the Tax Code of the Russian Federation during the implementation property law, which represents the right to claim a debt, the tax base is determined taking into account the provisions established by Article 279 of the Tax Code of the Russian Federation:

When a taxpayer - seller of goods (works, services) assigns the right to claim a debt to a third party before the payment deadline stipulated in the contract for the sale of goods (works, services), the negative difference between the income from the sale of the right to claim the debt and the cost sold goods(works, services) is recognized as a loss to the taxpayer. In this case, the amount of loss for tax purposes cannot exceed the amount of interest that the taxpayer would have paid, taking into account the requirements of Article 269 of the Tax Code of the Russian Federation, on a debt obligation equal to the income from the assignment of the right of claim, for the period from the date of assignment to the date of payment stipulated by the contract for the sale of goods ( works, services).

When a taxpayer - seller of goods (works, services) assigns the right to claim a debt to a third party after the payment deadline stipulated in the contract for the sale of goods (works, services), the negative difference between the income from the sale of the right to claim a debt and the cost of the sold goods (works, services) is recognized as a loss under the transaction of assignment of the right of claim, which is included in the non-operating expenses of the taxpayer. In this case, the loss is accepted for tax purposes in the following order:

50 percent of the amount of the loss is subject to inclusion in non-operating expenses on the date of assignment of the right of claim;

50 percent of the loss amount is subject to inclusion in non-operating expenses after 45 calendar days from the date of assignment of the right of claim.

Relations regarding the transfer of debt are also regulated by Chapter 24 of the Civil Code of the Russian Federation. At the same time, transfer by the debtor of his debt to another person is allowed only with the consent of the creditor (clause 1 of Article 391 of the Civil Code of the Russian Federation).

Note that the debt can be transferred either to its debtor or to any other person. In the first case, the termination of the debt to the supplier in connection with the transfer of debt will be reflected on the date of signing the agreement on the transfer of debt by an entry in the debit of account 60 “Settlements with suppliers and contractors” and the credit of account 62 “Settlements with buyers and customers”.

In the second case, writing off accounts payable will be recognized as other income of the organization in accordance with paragraph 7 of PBU 9/99. In tax accounting, the fulfillment of the obligation to pay by a third party without counter obligations will be regarded as non-operating income in accordance with Article 250 of the Tax Code of the Russian Federation.

Accounts receivable are amounts that must be paid to the organization by other organizations and individuals, called debtors. We present typical entries for accounting for accounts receivable in our material.

Accounts receivable: accounting accounts

In accordance with Section VI “Calculations” of the Chart of Accounts and the Instructions for its application (Order of the Ministry of Finance dated October 31, 2000 No. 94n), synthetic and analytical accounting of the organization’s receivables is maintained on the following accounts:

• 60 “Settlements with suppliers and contractors”;
• 62 “Settlements with buyers and customers”;
• 68 “Calculations for taxes and fees”;
• 69 “Calculations according to social insurance and provision";
• 70 “Settlements with personnel for wages”;
• 71 “Settlements with accountable persons”;
• 73 “Settlements with personnel for other operations”;
• 75 “Settlements with founders”;
• 76 “Settlements with various debtors and creditors”;

The above accounts are active-passive, i.e., allowing for the presence of both debit and credit balances. Accordingly, accounts receivable means the formation of a debit balance on settlement accounts.

Typical accounts receivable entries

Here are the main accounting records for settlements with debtors and creditors, as a result of which the organization may have receivables.

Accounting entries for writing off accounts receivable must be distinguished from repayment of accounts receivable. After all, repayment of receivables is the fulfillment of the debtor’s obligation to repay the debt, and write-off is an attribution to financial results or other sources of receivables that will no longer be repaid.

For example, repayment of receivables from customers for products shipped to them will be reflected as follows:

Debit accounts 51, 52, etc. – Credit account 62

And writing off debt on a loan issued to an employee in connection with debt forgiveness:

Debit account 91, subaccount “Other expenses” - Credit account 73

If a receivable is written off, which was previously recognized as doubtful and for which a reserve was created, an accounting entry is made:

Debit account 63 “Provisions for doubtful debts” - Credit accounts 62, 60, etc.

Regulations

1. the federal law dated November 21, 1996 No. 129-FZ “On Accounting”, Articles 11, 12;

2. Regulations on maintaining accounting records and financial statements in the Russian Federation (Order of the Ministry of Finance dated July 29, 1998 No. 34n), clause 70, paragraphs. 73-77;

3. Instructions for the Chart of Accounts (Order of the Ministry of Finance dated October 31, 2000 No. 94n);

4.. PBU 21/2008 “Change in estimated values” (order of the Ministry of Finance of the Russian Federation dated October 6, 2008 No. 106n);

5. Guidelines for inventory of property and financial obligations (Order of the Ministry of Finance dated June 13, 1995 No. 49), paragraphs. 3.44-3.48;

6. Resolution of the State Statistics Committee of August 18, 1998 No. 88 (unified form No. INV-17 with an appendix and instructions for filling it out).

Composition of accounts receivable

Accounts receivable are reflected in accounting and reporting:

Buyers and customers (balance account 62 ),

Suppliers for advances received (balance sheet account 60 ),

Personnel according to wages, accountable amounts, compensation for damage, other transactions (balance sheet accounts 70, 71, 73 ), except for interest-bearing loans, which are reflected as part of financial investments;

Budget and extra-budgetary funds for the return of tax deductions, for excessively transferred taxes, advances and contributions (balance sheet accounts 68, 69 ),

Founders (participants, shareholders) for contributions to the authorized capital (balance sheet account 75 ),

Other debtors (balance sheet account 76 ).

Accounts receivable are reflected in accounting and reporting in the amount of actual debt.

Provisions for doubtful debts in accounting

Provision for doubtful debts (balance sheet account 63 ) are estimated reserves. The creation of such reserves is the responsibility of the organization in cases where it has receivables that meet the criteria of doubtful debts.

According to clause 70 of the Regulations on Accounting and ReportingAn organization's receivables are considered doubtful if they:

a) not repaid or with a high degree of probability will not be repaid in terms established by the contract;

b) (i) is not provided with appropriate guarantees.

The amount of reserves is determined separately for each doubtful debt depending on the financial condition (solvency) of the debtor and probability estimates repaying the debt in whole or in part.

Thus, the organization independently determines which accounts receivable are doubtful, based on the results of the annual inventory of assets and liabilities.

The inventory of receivables is documented in a unified form act No. INV-17. The act reflects accounts receivable for to each to the debtor. An appendix to the act is a certificate indicating the name and address of the debtor, the amount of receivables for each document (ground), as well as details of the document on the basis of which this debt is listed in the accounting records.

Based on the results of the inventory, a protocol of the inventory commission is drawn up, in which conclusions are drawn about the presence of doubtful debts and the need to create reserves for doubtful debts. After the protocol is approved by order of the manager, the accountant creates reserves for each doubtful debt. This operation is documented by an accounting certificate.

The formation of reserves in accounting is reflected by the following entries:

Debit 91-2 Credit 63 , “Name of debtor”, “Number of agreement (other document)” - for the amount of debt recognized as doubtful.

Upon expiration of the limitation period, unclaimed receivables, against which a reserve for doubtful debts has been formed, are written off from the created reserve: Debit 63 Credit 60, 62, 71, 73, 76. The limitation period is the period for protecting the right in a claim of a person whose right has been violated (Article 195 of the Civil Code of the Russian Federation). The general limitation period is set at three years (Article 196 of the Civil Code of the Russian Federation).

Writing off a debt at a loss due to the debtor's insolvency does not constitute cancellation of the debt. This debt should be reflected behind the balance sheet in the account 007 during 5 years from the moment of write-off to monitor the possibility of its collection in the event of a change in the debtor’s property status.

At the end of each reporting year, the amounts of unused reserves are included in other income: Debit 63 Credit 91-1. At the same time, according to the annual inventory of accounts receivable, new reserves for doubtful debts are formed: Debit 91-2 Credit 63.

IN Balance sheet accounts receivable are reflected in the balance sheet asset minus created reserves for doubtful debts.

Attention:the procedure for the formation and composition of reserves for doubtful debts in accounting and tax accounting do not match.

Provisions for doubtful debts in tax accounting

Provisions for doubtful debts are created in accordance with Article 266 of the Tax Code of the Russian Federation. The creation of such reserves is the right of the taxpayer, which he must secure in his tax accounting policy.

For tax purposes doubtful debt is any debt that:

a) arose in connection with the sale of goods, performance of work, provision of services;

b) not repaid within the terms established by the agreement;

c) is not secured by a pledge, surety, or bank guarantee.

In this case, when forming a reserve:

1) the debt is taken into account in full, including VAT (see letters from the Ministry of Finance of the Russian Federation, dated 08/03/2010 No. 03-03-06/1/517);

2) debt is taken into account regardless of whether it is confirmed by buyers and customers or not (see letter from the Ministry of Finance of the Russian Federationdated July 26, 2006 No. 03-03-04/1/612).

Total amount of reserves in the reporting (tax) period there cannot be more than 10% of the income from sales reflected in the income tax return in this reporting (tax) period.

Reserves are being created at the end of each reporting and tax period based on the inventory carried out. In this case, the debt period is determined from the date when, under the terms of the contract (other agreement), payments must be made. The following procedure has been established for creating a reserve for specific receivables:

1) debt for more than 90 days - the entire amount of the debt is included in the reserve;

2) debt from 45 to 90 days – 50% in reserve;

3) debt up to 45 days – no reserve is created.

Reserves are created for every doubtful debt. The calculation of the amount of reserves is made in a special tax register indicating:

Debtor's name;

Contract numbers;

Number of the document (act, invoice, etc.) on the basis of which the debt arose;

The established date for settlements under the contract;

Amounts of debt, including by periods: over 90 days, from 45 to 90 days, up to 45 days;

Total amount of reserves;

The maximum amount of reserves (in the amount of 10% of income from sales of the reporting/tax period);

The amount of reserves that is included in non-operating expenses of the reporting (tax) period.

During the reporting (tax) period, they are written off from reserves hopeless debts.

For tax purposes bad debt(debt that is not real for collection) is:

1) debt for which the statute of limitations has expired (3 years - Article 196 of the Civil Code of the Russian Federation);

2) (or) a debt for which, in accordance with civil law, the obligation has been terminated:

a) due to the impossibility of its execution;

b) on the basis of an act of a state body;

c) due to the liquidation of the organization.

If, when writing off a bad debt, the amount of reserve (for this particular debt) is not enough, then the difference is included in non-operating expenses.

If during the reporting (tax) period the debt is repaid by the debtor, then the corresponding amount is excluded from the reserve and reflected in non-operating income.

In its tax accounting policy, the organization must establish (clause 5 of Article 266):

1) the amount of reserves unused at the end of the reporting (tax) period is transferred to the next reporting (tax) period. In this case, the amount of newly created reserves based on the inventory results is adjusted to the carryover balance;

2) (or) the amount of reserves unused at the end of the reporting (tax) period is restored, that is, included in non-operating income. Accordingly, the amount of newly created reserves based on the results of the inventory is included in non-operating expenses.