O.Z. Zakariev,
Senior Auditor of LLC Auditing Firm OSBI-M, Ph.D.

1. General provisions

On Russian market real estate, a form of real estate acquisition has emerged, such as equity participation in construction investment. Equity investors can be both individuals and legal entities. The document regulating these legal relations is an agreement on equity participation in construction investment. In practice, such agreements are called differently, for example, an agreement on shared participation in financing construction, an agreement on shared investment, an agreement on joint activities in the construction of a house, etc.

The legal and economic foundations of investment activity in the housing market have been laid Federal law dated February 25, 1999 N 39-FZ "On investment activities in Russian Federation carried out in the form of capital investments" (hereinafter referred to as Law No. 39-FZ) and the Law of the RSFSR dated June 26, 1991 No. 1488-1 "On investment activities in the RSFSR" (to the extent that does not contradict Law No. 39-FZ).

In accordance with the norms of current legislation, investors are subjects of investment activity that make capital investments using their own and (or) borrowed funds in accordance with the legislation of the Russian Federation. According to paragraph 6 of Art. 4 of Law No. 39-FZ, a subject of investment activity has the right to combine the functions of two or more entities, unless otherwise established by an agreement and (or) a government contract concluded between them.

Customers are individuals and legal entities authorized by investors who implement investment projects. They do not interfere with the entrepreneurial and (or) other activities of other investment entities, unless otherwise provided by the agreement between them. Customers can be investors. The customer, who is not an investor, is granted the rights to own, use and dispose of capital investments for the period and within the powers established by the agreement (contract) in accordance with the legislation of the Russian Federation.

Developers are understood as enterprises specializing in performing functions related to organizing the construction of facilities, monitoring its progress and maintaining accounting records of the costs incurred. These include, in particular, capital construction enterprises in cities, directorates of enterprises under construction, etc., as well as existing enterprises carrying out capital construction. Expenses for the maintenance of developers (for operating enterprises - employees of the capital construction division) are made from funds intended for financing capital construction and are included in the inventory value of objects put into operation. When performing construction work by contract, the developer acts in relation to the contracting construction organization as a customer.

In the course of activities related to the financing of capital construction, the following situations most often occur:

1) the functions of investor and customer are performed by one organization;

2) the functions of investor, customer and contractor are performed by independent business entities;

3) the functions of investor, customer and contractor are performed by one business entity.

Financial and tax accounting for capital construction financing must be organized based on the specific situation.

We will consider accounting and taxation of investments of organizations in capital construction using the following examples.

2. Accounting and taxation of investments in the construction of a residential building

Example 1.

The organization participates in the implementation of an investment project for the construction of a residential building as a customer-developer and partially as an investor with the attraction of funds from co-investors. Construction is carried out by contract method with 100% advance payment to the contractor. The estimated cost of construction is RUB 12,154,000, including the cost of construction work performed by the contractor, including the cost of materials, RUB 11,800,000. (including VAT - 1,800,000 rubles), the cost of services to the customer-developer for organizing construction - 354,000 rubles. (including VAT - 54,000 rubles). Funds for construction in the amount of 70% of the project cost (RUB 8,507,800) are transferred by co-investors by bank transfer to the organization's current account, the organization participates in financing by transferring its own funds to the contractor in the amount of 30% of the project cost (RUB 3,646,200. ). The actual costs of maintaining the customer-developer amounted to 240,000 rubles. Upon completion of construction, the apartments are distributed among investors in proportion to the funds they transferred. The apartments in the constructed house received by the organization are intended for rent to the organization's employees.

Accounting for the construction of the facility is maintained by the customer-developer in accordance with the Regulations on accounting for long-term investments, approved by letter of the Ministry of Finance of Russia dated December 30, 1993 N 160, the Accounting Regulations “Accounting for agreements (contracts) for capital construction” PBU 2/94, approved by order of the Ministry of Finance of Russia dated December 20, 1994 N 167, as well as the Chart of Accounts for accounting the financial and economic activities of organizations and the Instructions for its application, approved by order of the Ministry of Finance of Russia dated October 31, 2000 N 94n.

Organizing the construction of facilities, monitoring its progress and maintaining accounting records of the costs incurred are carried out by developers, the maintenance costs of which are made from funds intended to finance capital construction and are included in the inventory value of commissioned facilities. When performing construction work by contract, the developer acts in relation to the contracting construction organization as a customer (clause 1.4 of the Regulations on accounting for long-term investments).

According to clause 7 of PBU 2/94, the developer’s costs for the construction of the facility consist of the costs associated with its construction, commissioning or delivery to the investor. The developer's expenses for contract work accepted for payment or paid for, performed by contractors on completed construction projects, are taken into account as part of construction in progress until they are put into operation or handed over to the investor.

When the developer performs contract work on our own Accounting records reflect the actual costs incurred associated with their implementation, including the costs of maintaining units involved in organizing construction. In other words, the cost of services provided by the customer-developer in organizing construction is also taken into account as part of construction in progress (clause 8 of PBU 2/94).

The developer organization keeps records of construction costs on account 08 “Investments in non-current assets”, subaccount “Construction of fixed assets”. Until the completion of construction work, the costs of their construction, recorded on account 08, subaccount “Construction of fixed assets”, constitute construction in progress. Costs for the construction of facilities are grouped in accounting according to the technological structure of costs determined by the estimate documentation (clause 2.3, 3.1.1 of the Regulations on Accounting for Long-Term Investments, Chart of Accounts).

With the contract method of construction, construction work completed and documented in the prescribed manner and equipment installation work is reflected by the developer-customer on account 08, subaccount “Construction of fixed assets”, at the contract price (excluding VAT) according to paid or accepted for payment contract invoices organizations in correspondence with account 60 “Settlements with suppliers and contractors” (clause 3.1.2 of the Regulations on accounting for long-term investments, Instructions for using the Chart of Accounts).

The amount of VAT presented for payment by a contractor during the construction of a residential building is reflected in the debit of account 19 “Value added tax on acquired assets” and the credit of account 60.

Accounting for funds received from co-investors to finance the construction of a residential building is carried out in the manner established by subparagraph "d" of clause 3.1.8 of the Regulations on accounting for long-term investments, according to which the developer who has received additional funds from organizations and individuals for construction under contracts equity participation, reflects them in accounting as targeted funds for financing capital construction.

According to the Chart of Accounts, account 86 “Targeted Financing” is intended to summarize information on the movement of funds intended for the implementation of targeted activities, funds received from other organizations and individuals, and budgetary funds.

At the same time, when implementing an investment contract, the customer-developer provides services for organizing construction (according to technical supervision, accounting, etc.). The cost of the above services is determined by the construction estimate.

For tax purposes, the activities of the customer-developer in organizing construction during the implementation of an investment project are recognized as the provision of services, regardless of the procedure applied by the taxpayer for reflecting the transactions carried out in the accounting accounts and the source of financing; These services are subject to VAT on a general basis.

In this case, the funds received from co-investors to finance construction contain payment for the cost of services of the customer-developer, that is, received cash in the amount of the estimated cost of the services of the customer-developer are an advance received for the organization.

Thus, the organization performing the functions of the customer-developer, in accounting, reflects the receipt of funds from co-investors in the debit of account 51 “Settlement accounts” and the credit of accounts 86 “Target financing” - for the cost of construction work performed by the contractor and 62 “Settlements with buyers and customers" - for the cost of services of the customer-developer.

In accordance with subparagraph 1 of paragraph 1 of Art. 162 Tax Code Russian Federation (TC RF), the VAT tax base for the sale of goods (work, services) is determined taking into account the amounts of advance or other payments received on account of upcoming deliveries of goods (work, services). Thus, the organization is obliged to calculate and pay VAT to the budget on the amount of funds received in relation to the estimated cost of the customer-developer’s services for organizing construction, paid in advance by co-investors.

As for the funds received from co-investors to finance construction in terms of the cost of work performed by the contractor, they are funds of targeted financing for the customer-developer, that is, they are not considered as funds associated with the sale of goods (works, services), and, therefore, they are not included in the VAT tax base of the customer-developer.

Revenue from activities related to the provision of services to the customer-developer in organizing construction is for the organization income from ordinary activities, for which the Chart of Accounts is intended to account 90 “Sales”. Since the cost of the services of the customer-developer is included in the inventory value of the constructed residential building, formed on the balance sheet of the customer-developer, we believe that the revenue from the provision of services can be reflected in his credit account 90 “Sales”, subaccount “Revenue”, and the debit of account 08, subaccount "Construction of fixed assets".

Actual expenses for the provision of such services (costs of maintaining the customer-developer) are reflected by an organization specializing in organizing construction on account 20 “Main production” and, upon recognition of revenue, are written off to the debit of account 90 “Sales”, subaccount “Cost of sales”.

In accordance with subparagraph 1 of paragraph 1 of Art. 146 of the Tax Code of the Russian Federation, the sale of goods (work, services) on the territory of the Russian Federation is recognized as subject to VAT. Thus, when providing services to a customer-developer, the organization charges VAT for payment to the budget in the manner established by Chapter 21 of the Tax Code of the Russian Federation.

The transfer of apartments to the balance sheet of co-investors in accordance with their volume of financing for the construction of a residential building is reflected by the developer:

In terms of the cost of work performed by the contractor - on the debit of account 86 and the credit of accounts 08, subaccount "Construction of fixed assets" (in terms of the cost of contract work performed excluding VAT), and 19 (in terms of the amount of VAT paid to the contractor for the work performed) ;

In terms of the cost of services of the customer-developer - on the debit of account 62 and the credit of accounts 08, subaccount "Construction of fixed assets", and 19.

After state registration, the ownership rights of apartments in a constructed residential building intended for rental are accepted by the organization for accounting as part of income-generating investments in material values, for the accounting of which the Chart of Accounts is intended for account 03 “Profitable investments in material assets”. Accounting for profitable investments in material assets is carried out in accordance with the Accounting Regulations “Accounting for Fixed Assets” PBU 6/01, approved by Order of the Ministry of Finance of Russia dated March 30, 2001 N 26n (clause 2 of PBU 6/01).

Profitable investments in material assets are taken into account at historical cost, which recognizes the amount of the organization's actual costs for acquisition, construction and production, with the exception of VAT and other refundable taxes (except for cases provided for by the legislation of the Russian Federation) (clauses 7, 8 PBU 6/ 01).

In the example under consideration, apartments in a constructed residential building are used by the organization to provide employees with use under a rental agreement, that is, to provide services that are exempt from VAT on the basis of subclause 10 of clause 2 of Art. 149 of the Tax Code of the Russian Federation. Consequently, in accordance with subparagraph 1 of paragraph 2 of Art. 170 of the Tax Code of the Russian Federation, the part of the VAT amount charged by the contractor attributable to the cost of these apartments, as well as the corresponding part of the VAT amount for the services of the customer-developer, are included in the cost of the received apartments. Thus, the initial cost of apartments in the situation under consideration is determined as the entire amount invested by the organization in their construction, including VAT.

The initial cost of apartments received by the organization is reflected in the debit of account 03 in correspondence with the credit of account 08, subaccount “Construction of fixed assets”.

Apartments used for rental, which are on the balance sheet of an organization, are, for profit tax purposes, depreciable property (Article 256 of the Tax Code of the Russian Federation), classified according to the Classification of fixed assets included in depreciation groups, approved by Decree of the Government of the Russian Federation dated January 1, 2002 N 1, to the tenth depreciation group (property with a useful life of over 30 years).

The initial cost of apartments is determined in accordance with clause 1 of Art. 257 of the Tax Code of the Russian Federation as the amount of expenses for their acquisition (construction) including VAT and in this case corresponds to the original cost of apartments reflected in accounting.

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*1 In accordance with the first paragraph of clause 6 of Art. 171 of the Tax Code of the Russian Federation, VAT amounts presented to the taxpayer by contracting organizations (customers-developers) when they carry out capital construction are subject to deductions. The above deductions are made as the corresponding objects of completed capital construction (fixed assets) are registered from the moment specified in the second paragraph of clause 2 of Art. 259 of the Tax Code of the Russian Federation, or during the implementation of an unfinished capital construction project (clause 5 of Article 172 of the Code). Thus, the right to deduct VAT amounts paid during the construction of a residential building may arise among co-investors who accept the constructed apartments for their balance sheet. At the same time, in order for the co-investor to deduct the above amounts of VAT, it is necessary to have invoices and documents confirming the actual payment of the tax (clause 1 of Article 169 and clause 1 of Article 172 of the Tax Code of the Russian Federation).
Specialists tax authorities in answers to private questions from taxpayers, they recommend the following procedure for issuing invoices during the construction of a facility (when an investor organization finances the construction, and the customer-developer implements an investment project with the involvement of contractors), based on the Rules for maintaining logs of received and issued invoices, purchase books and sales books when calculating value added tax, approved by Decree of the Government of the Russian Federation dated December 2, 2000 N 914, and letter of the Ministry of Taxes of Russia dated May 21, 2001 N VG-6-03/404 “On the use of invoices in tax calculations for added value":
- the customer-developer presents the investor with a consolidated invoice for the constructed facility. The consolidated invoice is drawn up in duplicate on the basis of invoices previously received by the customer-developer from suppliers of equipment (materials) and contractors for construction and installation work performed. The second copy of the consolidated invoice is stored by the customer-developer in the journal of issued invoices without registration in the sales book;
- invoices received by the customer-developer from suppliers of equipment (materials) and contractors for completed construction and installation work are stored by the customer-developer in the logbook of received invoices without registering them in the purchase book. Copies of these invoices are attached by the client-developer to the summary invoice that is presented to the investor. In addition, the customer-developer attaches to the consolidated invoice documents confirming the actual payment of VAT amounts to suppliers of equipment (materials), as well as to contractors for construction and installation work performed;
- for the services provided under the contract for organizing the construction of the facility, the customer issues an invoice in two copies. The second copy of the invoice is registered with the customer in the sales book in accordance with the established procedure. In this case, the cost of the customer’s services is not included in the consolidated invoice presented to the investor.

3. Accounting and taxation of investments in the construction of a production facility

Example 2.

MUP "Elektroset" under the investment agreement acts as a customer and receives 1,180,000 rubles from OJSC "Zhilkominvest". for the construction of an electrical substation. The constructed electrical substation and networks, in accordance with the concluded agreement, belong to the municipal unitary enterprise, while the loads of Zhilkominvest OJSC are also connected to the new electrical substation. The construction was carried out by contract, the cost of construction was 1,180,000 rubles, including VAT - 180,000 rubles.

According to clauses 1.4, 2.1, 2.3 of the Regulations on accounting for long-term investments, as well as the Instructions for using the Chart of Accounts, accounting for capital construction costs is carried out on account 08 for actual expenses. Paragraph 7 of PBU 2/94 determines that the developer’s costs for the construction of an object consist of the costs associated with its construction, commissioning or delivery to the investor.

Construction costs (excluding VAT amounts) are accounted for in account 08, subaccount “Construction of fixed assets”, regardless of whether this construction is carried out by contract or in an economic way.

With the contract method of construction, construction work completed and formalized in the established manner is reflected by the developer-customer on account 08, subaccount “Construction of fixed assets”, in correspondence with the credit of account 60 at the contract price (excluding VAT) according to paid or accepted invoices contracting organizations (clause 3.1.2 of the Regulations on accounting for long-term investments; Instructions for using the Chart of Accounts).

VAT amounts presented for payment by the contractor are reflected in the debit of account 19 and the credit of account 60.

A fixed asset object completed by capital construction is included in the composition of the organization's fixed assets on the basis of clauses 4, 5 of PBU 6/01. In this case, the initial cost of a fixed asset accepted for accounting is determined on the basis of clause 8 of PBU 6/01.

After state registration of ownership of an object of fixed assets, the formed initial cost of this object, accepted for operation and registered in the prescribed manner, is written off from account 08, subaccount "Construction of fixed assets", to the debit of account 01 "Fixed assets" (Instructions for using the Plan accounts; clause 41 of the Regulations on accounting and financial statements in the Russian Federation, approved by order of the Ministry of Finance of Russia dated July 29, 1998 N 34n)*1.
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*1 Emergence of ownership rights (economic management rights) to buildings, structures, etc. real estate is subject to state registration in the unified state register by bodies carrying out state registration of rights to real estate and transactions with it (clause 1 of article 131, article 219 of the Civil Code of the Russian Federation, as amended on June 29, 2004 N 58-FZ). For registration of rights to real estate, a state duty is charged in accordance with tax legislation (clause 2 of Article 11 of Federal Law dated July 21, 1997 N 122-FZ “On State Registration of Rights to Real Estate and Transactions with It,” as amended on August 22, 1997) .2004 N 122-FZ).

Paragraph 52 of the Methodological Guidelines for Accounting of Fixed Assets, approved by Order of the Ministry of Finance of Russia dated October 13, 2003 N 91n, explains that for real estate objects for which capital investments have been completed, the corresponding primary accounting documents for acceptance and transfer have been drawn up, the documents have been submitted for state registration and which are actually in use, depreciation is charged at general procedure from the 1st day of the month following the month the facility was put into operation. When accepting these objects for accounting as fixed assets after state registration, the previously accrued depreciation amount is clarified. It is allowed that real estate objects for which capital investments have been completed, the corresponding primary accounting documents for acceptance and transfer have been drawn up, the documents have been submitted for state registration and which are actually in use, be accepted for accounting as fixed assets with allocation on a separate sub-account to the fixed assets accounting account.

An organization, in general, has the right to deduct the amount of VAT paid to the contractor, if there is an invoice and documents confirming the actual payment for the contractor’s services, after registering the corresponding completed capital construction project (fixed assets) from the moment specified in the second paragraph. 2 tbsp. 259 of the Tax Code of the Russian Federation (that is, in the month following the month the facility was put into operation), or during the implementation of an unfinished capital construction project (clause 6 of Article 171, clause 5 of Article 172 of the Tax Code of the Russian Federation). Explanations given in clause 32.1 Methodological recommendations on the application of Chapter 21 “Value Added Tax” of the Tax Code of the Russian Federation, approved by order of the Ministry of Taxes of Russia dated December 20, 2000 N BG-3-03/447, concerning the coverage of VAT paid from earmarked funds received for the purchase of fixed assets ( intangible assets), are applied only by taxpayers-budget recipients, therefore, in the situation under consideration, the organization has the right to accept VAT for deduction in the above order, which is reflected in the debit of account 68 “Calculations for taxes and fees” in correspondence with account 19.

The cost of fixed assets in accounting is repaid through depreciation*1. With the straight-line method, the annual amount of depreciation is determined based on the original cost of the fixed asset and the depreciation rate calculated based on the expected useful life of this object. During the reporting year, depreciation charges for fixed assets are accrued monthly, regardless of the accrual method used, in the amount of 1/12 of the annual amount (clauses 17, 18, 19 of PBU 6/01).
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*1 In this scheme, we proceed from the condition that depreciation in accounting is calculated using the straight-line method, and the useful life is set to 30 years.

The accrual of depreciation charges for fixed assets begins on the 1st day of the month following the month in which these objects were accepted for accounting, and is carried out until the cost of these objects is fully repaid or these objects are written off from accounting (clause 21 of PBU 6/01).

Clause 5 of the Accounting Regulations “Expenses of the Organization” PBU 10/99, approved by Order of the Ministry of Finance of Russia dated May 6, 1999 N 33n, determines that reimbursement of the cost of fixed assets, carried out in the form of depreciation, is recognized as expenses for ordinary activities. The amount of depreciation charges is determined on the basis of the cost of depreciable assets, useful life and methods of calculating depreciation adopted by the organization (clause 16 of PBU 10/99).

According to the Instructions for using the Chart of Accounts, the use of targeted financing for the acquisition of non-current assets subject to depreciation is reflected by an entry on the credit of account 98 “Deferred Income”, the sub-account “Gratuitous Receipts”, and the debit of account 86 on the date of putting the fixed asset into operation. As depreciation is calculated, non-operating income is recognized in accounting (clause 8 of the Accounting Regulations “Income of the Organization” PBU 9/99, approved by Order of the Ministry of Finance of Russia dated 05/06/1999 N 32n), which is reflected by entries in the debit of account 98, subaccount “Gratuitous receipts", in correspondence with the credit of account 91 "Other income and expenses", subaccount "Other income".

In addition, the organization, when presenting for deduction the amount of VAT paid to the contractor using funds from targeted financing, recognizes non-operating income equal to the above amount of VAT. This operation is also reflected in the debit of account 98, subaccount 98 “Gratuitous receipts”, and the credit of account 91, subaccount “Other income”.

In accordance with paragraph 1 of Art. 256 of the Tax Code of the Russian Federation for the purposes tax accounting an item of fixed assets is also recognized as depreciable property. The initial cost of an item of fixed assets is determined in the manner established by clause 1 of Art. 257 of the Tax Code of the Russian Federation, as the amount of expenses for its acquisition, construction, manufacturing, delivery and bringing it to a state in which it is suitable for use, with the exception of amounts of taxes that are subject to deduction or taken into account as part of expenses in accordance with the Code.

Targeted financing funds in the form of investor funds accumulated on the accounts of the developer organization in accordance with subclause 14 of clause 1 of Art. 251 of the Tax Code of the Russian Federation are not taken into account for profit tax purposes. At the same time, taxpayers who received targeted financing are required to keep separate records of income (expenses) received (produced) within the framework of targeted financing. If the taxpayer who has received targeted financing does not have such records, the above funds are considered as subject to taxation from the date of their receipt.

Depreciable property created (acquired) using targeted funding is not subject to depreciation (subclause 7, clause 2, article 256 of the Tax Code of the Russian Federation).

At the same time, the amount of VAT paid to the contractor at the expense of targeted financing received from the investor and subject to deduction is, for tax purposes, the income of the organization, since according to Art. 41 of the Tax Code of the Russian Federation, income is recognized as economic benefit in monetary or in-kind form, taken into account if it is possible to assess it and to the extent that such benefit can be assessed. For the purposes of Chapter 25 of the Tax Code of the Russian Federation, the above income is recognized on the basis of Art. 250 of the Tax Code of the Russian Federation (as income not related to the sale of goods, works, services). The date of recognition of such income in this case is the date of deduction of VAT paid to the contractor (subclause 2, clause 4, article 271 of the Tax Code of the Russian Federation).

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*1 For the transaction under consideration, in tax accounting the organization recognizes only income in the amount of VAT subject to deduction, while in accounting, as can be seen from the above table of accounting entries, non-operating income in the amount of 2,778 rubles is recognized monthly. and expenses in the form of depreciation in the amount of 2778 rubles. The above amounts represent permanent differences leading to the emergence of a permanent tax asset and liability (clauses 4, 7 of the Accounting Regulations “Accounting for income tax calculations” PBU 18/02, approved by Order of the Ministry of Finance of Russia dated November 19, 2002 N 114n). Constant tax liabilities are reflected in accounting in the debit of account 99 "Profits and losses", subaccount "Fixed tax liabilities (assets)", and permanent tax assets - in the credit of account 99, subaccount "Fixed tax liabilities (assets)", in correspondence with the account 68 (clauses 6, 7 PBU 18/02; Instructions for using the Chart of Accounts).
At the same time, since permanent tax liabilities and assets in this situation are equal to each other and arise simultaneously, we believe that, based on the requirement of rational accounting, the organization may not reflect their occurrence (clause 7 of the Accounting Regulations “Accounting Policy of the Organization” PBU 1 /98, approved by order of the Ministry of Finance of Russia dated December 9, 1998 N 60n).

Based on the Federal Law of February 25, 1999 No. 39-FZ “On investment activities in the Russian Federation, carried out in the form of capital investments,” investors have the right to transfer funds, construction materials, equipment, and machinery as a deposit.

Settlements for the transfer of assets as investment deposits are carried out on the sub-account “Settlements with Investors”.

The transfer of cash or other property as a contribution to shared construction is reflected by a posting to the debit of account 76 “Settlements with various debtors and creditors” subaccount “Settlements with investors” under the Credit of account 51 “Settlement accounts”. If the investor is a professional investor, then instead of account 76 “Settlements with various debtors and creditors”, the subaccount “Settlements for advances issued” can be used to account for settlements 60 “Settlements with suppliers and contractors”.

When the investor receives information about the formation of the due share, an entry is made to the debit of the account () for the loan. There may be a difference in the account if the amount of funds deposited is less than the actual value of the property received. Thus, the investor receives income. Income is recognized as an economic benefit in cash or in kind, taken into account if it is possible to evaluate it and to the extent that the benefit can be assessed (Article 41 of the Tax Code of the Russian Federation (hereinafter referred to as the Tax Code of the Russian Federation)). In accounting, the difference that arises is taken into account in account 91 “Other income and expenses”. Account debit Account credit (reflects the amount of excess property value and deposited funds).

If an investor receives apartments or industrial premises only for his own use, both for production and non-production purposes, then it should be taken into account in the “Investment in” account. If the investment was made for the purpose of further resale of the property, then accounting should be done according to the account.

Example 1.

The customer handed over the completed object to the investor JSC "Remstroy" according to the acceptance certificate, the investor transferred 8,000,000 rubles for this object. According to the submitted invoices from the customer, the amount of VAT transferred by contractors, received by the customer, on construction costs amounted to 600,000 rubles. If the investor incurs additional costs to bring the object to a state suitable for use, then they will be reflected on the account before the facility is put into operation, that is, charged to the increase in its initial cost.

End of the example.

If the object has a production purpose, then the investor has the right to apply the value added tax paid by contracting organizations (if there is an invoice, payment for this object, and its commissioning).

If the investor intends this object for subsequent sale, then the investor has the right to deduct the amount of VAT in the generally established manner.

With apartments that investors (taxpayers) purchase with equity participation in construction, the situation is as follows: the organization takes into account the cost of acquisition, including VAT, allocated in the invoice received from the customer - the developer, since the sale of residential premises and shares in them exempt from VAT on the basis of subparagraph 22 of paragraph 3 of Article 149 of the Tax Code of the Russian Federation.

Example 2.

Let's consider the procedure for reflecting in accounting transactions related to the acquisition by an investor organization (which is a non-professional participant in the real estate market) of an apartment under an equity participation agreement in construction. The organization transferred funds to the customer in the amount of 1,200,000 rubles. After construction was completed, the investor received an apartment.

Accounting and taxation in construction Olga Ivanovna Sosnauskiene

3. Investor accounting and taxation

To recognize property as a means of targeted financing, it is necessary that the law or agreement with the investor directly defines the purpose of this property. Investments are cash, securities, other property, including property rights, other rights with a monetary value, invested in objects of entrepreneurial or other activity in order to make a profit or achieve another beneficial effect (Article 1 of the Federal Law “On Investment Activities”) in the Russian Federation, carried out in the form of capital investments").

The investment contract for construction, concluded by the main investor (developer) with local authorities, contains two main conditions for its implementation:

1) the investor’s obligation to invest in construction;

2) the right of the investor (after the investment has been made) to register ownership of the constructed facility.

Investment activities in the Russian Federation are not subject to taxes. When constructing facilities on a commercial basis for own needs(industrial facilities, office buildings, residential buildings, etc.) investors finance these facilities at the expense of their own and borrowed money. Land plots that are owned, possessed or disposed of by an organization or allocated by a local government body on a lease basis are used for construction.

When financing the construction of multi-apartment residential buildings, along with investor funds, budget funds are also used. At the expense of local government bodies or a constituent entity of the Russian Federation, capital expenditures can be made for the construction of facilities that meet citywide needs, for example, external networks of energy, gas and water supply, sewerage, central heating points, transformer substations, water intake units, artesian wells, city ​​roads and improvement, etc. There is no federal legislation regulating the distribution of shares of financing of external networks and structures between the budget and private investors.

Investors financing the construction are:

1) commercial organizations that, along with their main business activities (production, construction, trade, transport services, communication services, etc.) invest their own and borrowed funds in the creation of non-current assets;

2) specialized organizations whose main activity is to attract equity, borrowed, budgetary and other funds and direct these funds as sources of construction financing.

Investors– commercial organizations use their own funds to finance construction (retained earnings, depreciation charges for the complete restoration of fixed assets, etc.), which are written off from their current accounts in the form of investment contributions. Investors– specialized organizations use attracted (equity and borrowed) funds to finance construction, which are taken into account by them as part of targeted financing until the completion of construction and closure of the investment project.

Investors use their own funds to finance construction, which remain at their disposal after paying taxes, so these funds are not subject to additional income tax. Raised funds from other investors and co-investors are also not subject to taxation in accordance with paragraphs. 14 clause 1 art. 251 Tax Code of the Russian Federation.

Taxation of investments attracted by development organizations for the implementation of large construction projects has its own characteristics and benefits. But, in order to take advantage of these benefits, the construction organization must fulfill a number of conditions established by current legislation regarding the documentation of investment funds and the procedure for their use.

Construction organizations that received property (including money), work, services as part of charitable activities, as well as targeted proceeds or targeted financing, upon completion tax period submit a report to the tax authorities on intended use funds received in the form approved by the Ministry of Finance of Russia (clause 14 of article 250 of the Tax Code of the Russian Federation).

If the object built at the expense of financial investments from the investor remains the property of the customer-developer, the funds received from the investor will be considered other income for the customer-developer, which, in accordance with clause 8 of Art. 250 of the Tax Code of the Russian Federation is subject to income tax.

During construction, funds received from participants in shared construction are not subject to VAT, provided that the amount of these funds does not exceed the actual costs of constructing apartments. If, upon completion of construction, unspent funds remain the property of the customer-developer, they will be his other income and will be subject to VAT and income tax in the generally established manner (Resolution of the Federal Antimonopoly Service of the North-Western District dated December 26, 2001 in case No. A05-6937/ 00-482/12).

During the construction process, investors take into account capital costs on account 08 “Investments in non-current assets”, and sources of financing received from investors - on account 86 “Targeted financing”. Receipt of funds from co-investors is reflected in the debit of accounts for cash or other property and the credit of account 86 “Targeted financing”.

The organization takes into account investment contributions received from co-investors for participation in shared construction in account 86 “Targeted financing” for each agreement (co-investor) and object of financing. As part of the investment contribution, the investor allocates funds in analytical accounting to finance the administration's share in buildings and structures under construction.

In accordance with paragraphs. 4 p. 3 art. 39, paragraph 1, art. 146 of the Tax Code of the Russian Federation, investment contributions for construction are not subject to VAT. However, when an organization combines the functions of investor, customer and general contractor, a certain part of the investment funds, as they are received, is used to reimburse the costs of the organization’s contracting activities. These funds can be qualified as advances received from the customer with the allocation of VAT in the generally established manner.

When closing an investment project, the organization writes off the amounts of attracted financing to the debit of account 86.

To finance its own share in the investment project, the organization uses funds accumulated in its current accounts as a result of replenishment of the authorized capital; crediting funds in the form of financial assistance to the founders; receipts of bank loans and corporate loans.

Retained earnings allocated in analytical accounting in account 84 “Retained earnings (uncovered loss)” are also used as sources of financing. Own and borrowed funds allocated by the organization to finance construction, when closing the investment project, are reflected in analytical accounting by calculation.

Until the completion of the work, the costs of constructing the facility constitute unfinished construction. Construction costs are divided into costs that increase the cost of the construction project and those that do not increase its cost.

Methods of attracting and using investments in construction depend on the adopted method of organizing the investment and construction process. In accordance with Art. 9 of the Federal Law “On investment activities in the Russian Federation, carried out in the form of capital investments”, financing of capital investments is carried out by investors at the expense of their own or borrowed funds. Government capital investments, funds from the budgets of constituent entities of the Russian Federation and local governments are also used as sources of financing (investment).

The fact of maintaining separate accounting must be documented, therefore, when receiving financing and disbursing the funds received, the organization should draw up the appropriate paperwork. The document confirming the maintenance of separate accounting of income (expenses) received (incurred) within the framework of targeted financing is the register of these transactions.

3.1. Accounting for capital investments

Capital investments are directed toward new construction, reconstruction, and technical re-equipment of construction sites and facilities included in the list of facilities for federal government needs.

Investors' own funds are formed through:

– results of the main business activity;

– amounts of depreciation charges for the complete restoration of fixed assets;

– funds of the authorized capital;

– funds transferred by the founder if his contribution to the authorized capital of the investor organization is more than 50%;

– funds paid by insurance authorities in the form of compensation for losses from accidents, natural disasters, etc., and accumulated in their accounts in the form of free funds.

In the course of activities related to the financing of capital construction, the following situations most often occur:

1) the functions of investor, customer and contractor are performed by independent economic entities;

2) the functions of investor and customer are performed by one organization;

3) the investor is a separate economic entity, and the functions of the customer and contractor are simultaneously performed by another economic entity;

4) the investor creates a subsidiary (dependent) organization that performs the functions of the customer;

5) the functions of investor, customer and contractor are performed by one business entity.

Investors form their own sources of financing based on the results of their core activities. The specified sources of financial support for the production development of the organization and other similar activities for the acquisition (creation) of new property are accumulated impersonally as part of retained earnings. Operations for the formation and use of sources of financing capital investments are not reflected in the accounting and reporting of investor organizations, since this is not provided for by the accounting regulatory documents. These funds can only be shown in analytical accounting of the use of retained earnings. As financial security, funds are divided into:

– used;

– not used.

An own source of financing capital investments can also be depreciation charges for the complete restoration of fixed assets, which, like funds of retained earnings, are also used without being reflected in the accounting accounts.

Payment of capital costs from own sources is carried out from the current accounts of the investor organization without any restrictions regarding the availability and amount of retained earnings, since the current regulatory documents do not contain such restrictions.

Investors take into account borrowed funds (bank loans and organizational loans) until their repayment (repayment) as part of the debt to credit institutions and organizations, depending on the period of their use. The repayment of borrowed funds is carried out at the expense of the equity funds of the co-investors as they are received, as well as at the expense of the organization’s retained earnings. Using borrowed funds, the construction of multifunctional shopping complexes, parking garages, gas stations, office buildings and other industrial and non-industrial facilities is being carried out.

When financing the construction of multi-apartment residential buildings, along with investors' funds, budgetary funds, funds of local governments or constituent entities of the Russian Federation are used. These funds are used for capital costs for the construction of facilities that meet citywide needs, for example, external networks of energy, gas and water supply, sewerage, central heating points, transformer substations, water intake units, artesian wells, citywide roads and landscaping, etc. Federal legislation There is no regulation regulating the procedure for distributing shares of financing of external networks and structures between the budget and private investors.

Having received a share in a constructed building, the investor is faced with two problems: valuation of the received property and accounting for “input” VAT on work performed by contractors hired by the developer.

Upon completion of construction, the investor receives his share in the constructed facility; the valuation of the share depends on what the investor plans to do with the received property - use it in his activities or sell it.

If an investor has invested money to obtain ownership of a new office or manufacture building, then the share in the new building must be taken into account as part of fixed assets.

The initial cost of a new object in both accounting and tax accounting is equal to the funds spent on it, that is, the amount of the investment contribution (clause 8 of PBU 6/01 and clause 1 of Article 257 of the Tax Code of the Russian Federation). The classification of the agreement for equity participation in construction (simple partnership, contract or agency agreement) does not matter in this case.

In some cases, the accounting and tax value of a share in a constructed building may differ. One reason is the interest accrued on the loan the investor took out to finance the construction. In tax accounting, they are included in other expenses (subclause 2, clause 1, article 265 of the Tax Code of the Russian Federation). In accounting, interest accrued before the investor received a share in the building as a property must be attributed to the increase in its initial cost (clause 25 of PBU 15/01).

In accounting, an organization can choose to reflect its share in the new building:

– or when submitting documents for state registration,

– or in the month when registration is made.

Example.

The organization is reconstructing real estate at the expense of another organization acting as an investor under an investment contract, which, as a result of the implementation of this investment contract, will receive ownership of part of the areas of the reconstructed buildings.

In accordance with clause 70 of the Guidelines for the accounting of fixed assets, approved by order of the Ministry of Finance of Russia dated October 13, 2003 No. 91n, accounting for costs associated with the modernization and reconstruction of fixed assets (fixed assets) is carried out in the manner established for the accounting of capital investments. Until the completion of construction work (including modernization, reconstruction) of objects, related expenses are taken into account in account 08 “Investments in non-current assets” with their subsequent inclusion in initial cost OS object (letter of the Ministry of Finance of Russia dated December 30, 1993 No. 160, and PBU 2/94).

Acceptance of completed work on the completion, retrofitting, reconstruction, modernization of an object is formalized by an act in form No. OS-3 “Act on the acceptance and delivery of repaired, reconstructed, modernized fixed assets”, approved by Resolution of the State Statistics Committee of Russia dated January 21, 2003 No. 7. B Form No. OS-3 indicates the cost of the OS object after reconstruction, modernization, which is determined by adding the replacement cost of the object and the costs associated with reconstruction, modernization. Section 2 “Information on costs associated with repair, reconstruction, modernization of fixed assets” of form No. OS-3 contains information that is necessary to determine the cost of the object after completion of reconstruction and modernization work.

When determining the cost of fixed assets introduced after reconstruction, which are depreciable property, for tax purposes it is necessary to take into account that, according to Art. 257 of the Tax Code of the Russian Federation during reconstruction and modernization, the initial cost of the OS changes. In the event that after the entry into force of Chapter 25 of the Tax Code of the Russian Federation, a revaluation (discount) of the value of fixed assets by market value a positive (negative) amount of such revaluation is not recognized as income (expense) taken into account for tax purposes, and is not accepted when determining the replacement cost of depreciable property and when calculating depreciation taken into account for tax purposes. In accordance with paragraph 3 of Art. 256 of the Tax Code of the Russian Federation, fixed assets that, by decision of the organization’s management, are undergoing reconstruction and modernization for more than 12 months are excluded from depreciable property, and, therefore, for the period of reconstruction and modernization of fixed assets, depreciation on them is suspended for tax purposes. Features of the organization of tax accounting of depreciable property that is under reconstruction and modernization for more than 12 months are established in clause 2 of Art. 322 of the Tax Code of the Russian Federation. The residual (under-depreciated) value of fixed assets is determined in tax accounting at the time of transfer of rights to part of the areas of real estate to an investor organization as the difference between the value of real estate after reconstruction and the amount of depreciation accrued before the transfer of real estate for reconstruction.

The subject of an investment contract with the subsequent transfer of part of the premises to the investor is a compensated agreement (Article 423 of the Civil Code of the Russian Federation), and for tax purposes in accordance with Art. 39 of the Tax Code of the Russian Federation, its execution by the parties is recognized as the sale of goods (work, services) by the organization, in this case, the sale of part of the areas of real estate at a contract price, which is taken as the amount of investment for the reconstruction of the real estate. For the purposes of income tax provided for in Art. 249 of the Tax Code of the Russian Federation, income from sales is the proceeds from the sale of goods (works, services), calculated on the basis of all receipts associated with payments for goods sold(works, services). List of income not taken into account when determining tax base for income tax, established by Art. 251 Tax Code of the Russian Federation. The funds received from the investor organization under the investment contract do not correspond to the types of income specified in Art. 251 of the Tax Code of the Russian Federation, and therefore are taken into account when forming the tax base for income tax. When selling depreciable property, the organization has the right to reduce income from such operations by the residual value of depreciable property, determined in accordance with clause 1 of Art. 257 of the Tax Code of the Russian Federation, taking into account the provisions of Art. 268 Tax Code of the Russian Federation.

In connection with the execution of the investment contract and the transfer of rights to part of the real estate to the investor in the prescribed manner, the organization will have the obligation to pay income tax, calculating the tax base as the difference between the actual volume of investments received, assessed taking into account the provisions of Art. 40 of the Tax Code of the Russian Federation, and the residual value of part of the real estate transferred to the investor in accordance with the contract. The implementation of work on the reconstruction of fixed assets and the subsequent increase in their initial cost is not an independent factor influencing the tax base for corporate income tax.

3.2. Accounting for construction costs

Costs for the construction of facilities are grouped according to the technological cost structure determined by the estimate documentation, and their accounting must be kept according to the following cost structure:

– for construction work;

– for equipment installation work;

– for the purchase of equipment handed over for installation;

– for the purchase of equipment that does not require installation;

– for the purchase of tools and equipment;

– for the purchase of equipment that requires installation, but is intended for permanent stock;

– for other capital costs;

– for expenses that do not increase the cost of the construction project.

Costs that do not increase the cost of the object are distributed among investors in proportion to the share attributable to each of them, and are written off from account 08 to cost accounts as the work (services) is completed. After completion of construction, the investor transfers part of the facility to co-investors in accordance with investment agreements.

Let's give An example of how settlements between an investor, a customer and a contractor are reflected in accounting , which are different legal entities:

When the investor transfers amounts to the customer to finance construction, this operation is reflected in the investor’s accounting records as follows:

Credit 51 “Current accounts” – for the amount of transferred funds.

Also, instead of account 76, another settlement account can be used (for example, 60 “Settlements with suppliers and contractors”, subaccount “Settlements for advances issued”). However, it is more legitimate to use account 76, since account 60 is usually used to record payments for the main activities of the organization. The fact that the investor is a separate organization that attracts a professional customer to fulfill investment goals means that this activity is not the main one for the party financing the construction. In the case when targeted financing funds are transferred under the condition that they must be used for specific purposes (for example, only to pay for construction and installation work, but not for the purchase of materials or payment of expenses of the customer-developer), it is advisable to open subaccounts to the debit account (76) , based on the intended purpose of the transferred funds.

The following sources of funding can be written off at the same time:

Debit 84 “Retained earnings (uncovered loss)”, subaccount “Accumulated accumulation fund”,

Credit 84, subaccount “Used accumulation fund” – for the amount of transferred funds.

However, it is more legal to write off sources of financing after completion of calculations and acceptance of completed construction projects for accounting.

A very common practice is the supply of certain types of inventories by construction investors.

In the investor's accounting, the amount of cost of transferred materials is reflected in the same way as the amount of targeted financing transferred in cash:

Debit 76 “Settlements with various debtors and creditors”,

Credit 10 “Materials” – for the cost of transferred materials.

In the customer’s accounting records, amounts received are reflected in accordance with one of two schemes:

Debit 76 “Settlements with various debtors and creditors”,

Credit to account 86 “Targeted financing” – for the amount of funds due to be received from the investor;

Debit 51 “Current accounts”,

Credit 76 “Settlements with various debtors and creditors” - for the amount of funds actually received;

Debit 10 “Materials”,

Credit 76 “Settlements with various debtors and creditors” - for the amount of the cost of inventories transferred as targeted financing;

Debit 51 “Current accounts”,

Loan 86 “Targeted financing” – for the amount of funds received;

Debit 10 “Materials”,

Loan 86 “Targeted financing” – for the amount of the cost of the received inventories.

In the first case, the composition accounts receivable the entire amount of target financing to be received from the investor during the entire term of the contract (or stage, if the construction contract provides for payments for construction stages) is included, and in the second, the funds received are received at the time of their receipt simultaneously with the increase in target financing funds.

The second scheme is most appropriate for use when the construction contract does not define the terms for transferring amounts of targeted financing, and, in addition, it provides for the possibility of adjusting the investor’s debt depending on various factors.

For example, the contract may establish estimated prices, and the investor's debt is defined as the product of the estimated cost by the appropriate coefficient (taking into account the increase in the cost of inventories and other construction costs).

The first scheme is established by PBU 13/2000 (albeit for operations involving the accounting of budgetary funds). In addition, it may be preferable in cases where all obligations of the parties are determined before the start of settlements - this scheme allows you to quickly monitor the investor’s debt for the amounts of financing necessary to complete all work under the contract.

The question arises whether the amounts received should not be subject to VAT as an advance received; in general, amounts of targeted financing are not subject to VAT. In this situation, the tax base must include the amount of excess income over expenses - that is, between the amounts received from the contractor and the inventory value of the completed construction project. These amounts are also included in the customer’s income tax base.

In the case where the investor pays for the customer’s services separately (and is not included in the inventory cost of construction), the entire payment for services must be included in the tax base. In this case, invoices for such services must be issued separately and not upon completion of construction, but for each fact of payment (execution of documents for payment for services). However, at present, this practice is not widespread enough and design and estimate documentation is drawn up in such a way that the costs of maintaining the customer-developer’s service are included in the inventory cost of construction projects.

Completion of work under a construction contract and transfer of the completed construction project to the investor.

In order for an investor to have the right to make a tax deduction, it is necessary to have invoices, as well as documentary evidence of the actual payment of the tax (Articles 169 and 172 of Chapter 21 of Part Two of the Tax Code of the Russian Federation). Since the invoice must be issued to the organization directly making the payment, the contractor can issue them only with the customer indicated as the payer. The customer does not register the received invoices in the purchase book, but stores them in the journal of received invoices.

Consequently, the customer is obliged, on his own behalf, based on the invoices of the contracting construction organization, to draw up and send a consolidated invoice to the investor within five days (from the date of registration of documents for the transfer of the completed construction site). To confirm the actual payment of the tax, it is enough to provide copies of invoices of contracting construction organizations, as well as copies of payment documents confirming the very fact of debiting funds from the customer’s current account.

3.3. Acceptance of the construction project as part of fixed assets

In tax accounting, a constructed object is included in fixed assets in the month in which documents for registration are submitted (clause 8 of Article 258 of the Tax Code of the Russian Federation).

During the construction process, changes may occur in terms of reducing or increasing the area of ​​the investment object relative to the terms of fulfillment of obligations specified in the contract, etc. Therefore, the contract provides for provisions according to which the final cost of one square meter of housing, which includes all actual costs associated with construction will be determined after completion of construction on the basis of reconciliation reports. If the total area of ​​housing specified in the contract increases as a result of a control measurement, the shareholder makes an additional payment for each square meter of additional area at its actual cost at the time of completion of construction. These issues should be resolved by an additional agreement of the parties, which should become an integral part of the contract.

After the commissioning of a completed construction project, that is, the physical appearance of the real estate object, the developer transfers the real estate object (part of the object) to the shareholder under a transfer deed. The transfer deed clearly indicates the object (its part): location, total and living space, fulfillment of obligations under the contract (including the payment made), the absence of mutual claims.

Before the transfer of the investment object from the developer, the investor, in accordance with Art. 382 of the Civil Code, may assign to a third party his right of claim under an agreement on shared participation in construction. The assignment is formalized by concluding a simple written agreement on the assignment of the right of claim (assignment) between the shareholder and a third party. All rights are transferred to the third party on the same terms and to the same extent that existed with the shareholder, unless otherwise provided in the assignment agreement.

The possibility of assigning the right of claim must be provided for in the main agreement by including in it a corresponding clause with approximately the following content: “The shareholder may withdraw from the agreement by executing a debt assignment agreement with a third party, subject to agreement with the developer and the presentation of a copy of such an agreement.”

The basis for state registration of property rights will be an agreement on shared participation in construction, an agreement on the assignment of the right of claim (assignment) and a transfer deed.

If an investor has invested money in the construction of an object that he plans to sell in the future, then the received share must be taken into account as part of:

– goods, if the investment agreement did not lead to the creation of a simple partnership;

– finished products, if the investor and the customer have entered into an agreement on joint activities.

The cost of goods will be equal to the amount of funds invested in construction (clause 6 of PBU 5/01 and Article 320 of the Tax Code of the Russian Federation). There may be differences in valuation due to different accounting and tax rules for interest.

Example.

In accordance with the investment contract, during the construction of the facility, the investor partially finances the construction of the substation, which he later transfers free of charge to the city.

Funds that, in accordance with the investment agreement, come from investors are reflected in the customer-developer as a credit to account 86 “Targeted financing” and a debit to account 76 “Settlements with various debtors and creditors.”

Funds received for construction are not funds received by the customer-developer in connection with the sale of goods, works or services, and therefore are not subject to value added tax (subclause 4, clause 3, article 39 and subclause 1, clause 2, article 146 of the Tax Code of the Russian Federation).

Upon completion of construction, the object is transferred to the investor, which is documented in the Certificate of Acceptance and Transfer of the Building (Structure) (Form No. OS-1a). It is drawn up after the signing of the act of implementation of the investment contract, which serves as the basis for the distribution of space between construction participants. Within five days after signing this act, the customer-developer issues invoices to investors (clause 3 of Article 168 of the Tax Code of the Russian Federation).

The basis for their issuance is a summary statement of costs for the construction of the facility and a certificate of calculation for the share accruing to each investor. Thus, the accounting scheme of the customer-developer in the situation under consideration will look like this:

Debit 76 subaccount “Settlements with investors”,

Loan 86 “Targeted financing” – reflects the debt of investors under the investment agreement;

Debit 51 “Current accounts”,

Credit 76 subaccount “Settlements with investors” – funds received from investors;

Debit 08 subaccount “Construction of fixed assets”,

Credit 20 “Main production” (23 “Auxiliary production”, 26 “General expenses”, 60 “Settlements with suppliers and contractors”, 76 “Settlements with various debtors and creditors.”.) – the costs of construction of the facility are taken into account;

Debit 19 “VAT on the acquisition of fixed assets”,

Credit 60 “Settlements with suppliers and contractors” (76 “Settlements with various debtors and creditors” ...) - VAT is reflected on work performed by contract;

Credit 08 subaccount “Construction of fixed assets” – reflects the cost of the object to be transferred to investors;

Debit 86 “Targeted financing”,

Credit 19 “VAT on the acquisition of fixed assets” – reflects the value added tax related to the cost of the objects to be transferred.

Until the developer completes construction and transfers the constructed facility to the investor, the amount of the investment contribution is taken into account as the debit of account 76 “Settlements with various debtors and creditors.” The object (or part of it) constructed and transferred by the customer-developer is accounted for in account 08 “Investments in non-current assets”. In this case, the amount of VAT relating to the part of the object to be transferred to the investor can be accepted by him for deduction if he has an invoice and documents confirming payment to the developer. The deduction is made after the object is registered (clause 6 of Article 171, clause 5 of Article 172 of the Tax Code of the Russian Federation).

As for the share to be transferred to the city, since it is transferred without payment, its value is written off from account 08 to the debit of account 91 “Other income and expenses” (sub-account “Other expenses”), since it is a non-operating expense (clause 12 of PBU 10/99 “Expenses of the organization”).

Expenses in the form of the value of property transferred free of charge and expenses associated with such transfer are not taken into account for profit tax purposes (clause 16 of Article 270 of the Tax Code of the Russian Federation). Transfer of constructed facilities to the city free of charge in accordance with subparagraph. 2 p. 2 art. 146 of the Tax Code of the Russian Federation is not subject to value added tax. In this case, VAT on objects donated to the city is included in their cost. This rule is contained in subsection. 4 p. 2 tbsp. 170 Tax Code of the Russian Federation.

Small construction organizations involved in construction often prepare most of the documents themselves related to the acceptance of completed construction projects, while large construction organizations, when accepting construction projects from contractors, are required to carefully check Required documents when registering construction projects.

Acceptance into operation of completed construction projects is the final stage of the construction process. Upon completion of acceptance, the relationship between the parties to the construction contract is either terminated (if the contract was concluded for the construction of a separate object or group of objects), or this agreement is specified in accordance with plans for further cooperation between the investor, customer and contractor.

In the process of accepting completed construction projects, their inventory value, the structure of capital investments are determined, and mutual financial obligations between the parties to the construction contract are clarified.

At present, regulatory documents adopted during the period of the planned economy - about 20 years ago - continue to be in force - Resolution of the Council of Ministers of the USSR dated January 23, 1981 No. 165 “On the acceptance into operation of completed construction facilities” and SNiP 3.01.04- developed on its basis 87 “Acceptance into operation of completed construction facilities. Basic provisions". These documents were developed exclusively for budget construction and could not take into account the diversity of economic relations in construction activities that occurred later. In addition, the Temporary Regulations for the acceptance of completed construction projects, recommended by the letter of the State Construction Committee of Russia dated July 9, 1993 No. BE-19-11/13, continue to apply. However, this document cannot fully comply with the current practice of economic relations between participants in the construction process, since it was developed before the adoption of the Civil Code of the Russian Federation, the Town Planning Code of the Russian Federation and a number of other legislative and regulatory acts developed in the development of the codes.

Therefore, there is a need to revise existing regulations governing the process of acceptance of completed construction projects, taking into account new economic conditions. Moreover, the main attention should be paid to the rights, duties and responsibilities of the new ones (compared to the period market economy) participants in the construction process - investors, as well as some newly created or reformed regulatory bodies and state and municipal authorities. Since the relevant regulations have not yet been developed at the federal level (the Government of the Russian Federation and the State Construction Committee of the Russian Federation), the problem that has arisen is being solved at other levels - sectoral and regional management bodies. Thus, in recent years, regulatory documents have been adopted regulating the process of acceptance of objects in the communications industry, railway transport, oil and gas complex, etc.

More interesting is the consideration of legislative and regulatory acts in the field of regulation of the construction sector, adopted by state authorities at the regional level (subjects of the Russian Federation).

Thus, by Decree of the Moscow Government dated July 11, 2000 No. 530, the Moscow City Construction Standards “Acceptance and commissioning of completed construction projects” were approved. Basic provisions" - MGSN 8.01-00 (put into effect from the date of approval - July 20, 2000) Most of the requirements of MGSN 8.01-00 are borrowed from SNiP 3.01.04-87, and when citing individual provisions of these documents, a reference is made in parentheses to the relevant points.

SNiP 3.01.04-87, MGSN 8.01-00 establishes a phased scheme for the acceptance and commissioning of completed construction projects in accordance with the terms of the contract and investment agreement through an acceptance committee or without it, under the control of state supervisory authorities and city administration.

The completion of the stage of acceptance of a facility ready for operation, completed by construction, is formalized by a technical “certificate” signed by the customer, contractor, investor and operating organization (subclauses 1.1, 1.2 MGSN 8.01-00).

The commissioning of a completed construction facility is carried out by a legal act of the city administration body within its competence, on the basis of an application from the investor, an act of the acceptance committee or a bilateral act (customer - investor) and the final conclusion of the inspection of the State Architectural and Construction Supervision.

As a basic scheme, it is established that a completed construction facility is accepted from the contractor by the customer in accordance with the terms of the construction agreement (contract), and then the facility accepted and prepared for operation by the customer together with the contractor is accepted by the Investor through an acceptance committee (or without it) under the control of government agencies supervision, executive authorities.

Acceptance of objects is carried out in two stages:

– only two parties to the construction contract are involved in the acceptance process – the customer and the contractor;

– acceptance commissions come into force, as well as supervisory and management bodies, to which the customer and contractor hand over the completed construction facility.

MGSN 8.01-00 establishes that a real estate project completed by construction (reconstruction), carried out by the investor at his own expense, subject to compliance with the organizational and legal order, can be put into operation by the acceptance committee or without it by the decision of the investor.

However, there are some peculiarities (more precisely, Additional requirements) in relation to the acceptance into operation of residential buildings and premises of the city order for their intended use, as well as social and cultural facilities.

It is necessary to pay attention to the fact that there are significant differences between the concepts of “completed construction of an object” and “completed construction and prepared for operation of an object”, as well as between the concepts of “acceptance of an object by the customer from the contractor” and “acceptance for operation”. This circumstance must be taken into account when developing construction contracts and when documentation relationships between the parties to this agreement.

For premises that are not fully ready, the received legal act for the operation of the facility is the basis for work to bring these premises to full readiness by their owners (proprietors) in accordance with technical specifications issued by the investor.

In accordance with the Civil Code of the Russian Federation, ownership of buildings, structures and other newly created real estate, subject to state registration, arises from the moment of such registration. State registration of rights to real estate and transactions with it represents a legal act of recognition and confirmation by the state of the emergence, limitation, transfer and termination of ownership of real estate, therefore, when deciding on the issue of accepting an object for accounting, it is necessary to establish who owns the ownership right.

According to accounting rules, the cost of a construction project is formed in the customer’s records. In the accounting of the customer-developer, on account 08 “Investments in non-current assets”, until the completion of work, the costs of construction of facilities are taken into account in accordance with clause 7 of PBU 2/94 with their subsequent inclusion in the initial cost of the fixed asset. The investor keeps records of investments in the construction project on account 76 “Settlements with various debtors and creditors.”

Real estate objects and documents for registration of ownership rights that have not been submitted for registration cannot be accepted for accounting as fixed assets. All specified objects, including actually operated real estate objects, before submitting documents for registration, must be reflected in account 08 “Investments in non-current assets”.

The receipt of a construction project from the customer in the investor’s accounting should be reflected in the debit of accounts 08 “Investments in non-current assets” for the actual cost of the construction project and account 19 “VAT on acquired assets” for the amount of VAT and in the credit of account 76 “Settlements with various debtors and creditors "

Upon completion of construction, transfer by the customer, on behalf of the investor, of communications and engineering structures to operating organizations is possible both before the transfer of the constructed facility to the investor, and after its transfer.

In this regard, the agreement between the investor and the customer must define a specific procedure for the transfer of external communications and engineering structures to operating organizations.

In the investor’s accounting records, these transactions are reflected in the following entries:

The transfer of external communications and engineering structures was carried out by the customer before the transfer of the constructed facility to the investor -

Loan 76 “Settlements with various debtors and creditors” - for the inventory value of an object built at the expense of the investor’s own funds (minus the cost of utility networks and external communications);

Credit 76 “Settlements with various debtors and creditors” – for the inventory value of engineering networks and external communications transferred to operating organizations, including VAT.

The transfer of external communications and engineering structures was carried out by the customer after the transfer of the constructed facility to the investor on his behalf -

Debit 08 “Investments in non-current assets”;

Loan 76 “Settlements with various debtors and creditors” - for the inventory value of an object built at the expense of the investor’s own funds;

Debit 19 “VAT on purchased assets”;

Credit 76 “Settlements with various debtors and creditors” – VAT is allocated;

Debit 91 “Other income and expenses”, subaccount “Other expenses”;

Credit 08 “Investments in non-current assets”, 19 “VAT on acquired assets” - for the inventory value of engineering networks and external communications transferred to operating organizations, including VAT.

According to sub. 2 p. 2 art. 146 of the Tax Code of the Russian Federation for the purposes of Ch. 21 of the Tax Code of the Russian Federation does not recognize the transfer on a gratuitous basis of residential buildings, kindergartens, clubs, sanatoriums and other objects of social, cultural and housing and communal services, as well as roads, electrical networks, substations, gas networks, water intake structures and other similar objects to VAT. objects to state authorities and local governments (or, by decision of these bodies, to specialized organizations that use or operate these objects for their intended purpose).

Therefore, the object of VAT taxation when transferring engineering networks and external communications to operating organizations will not arise only if the investor receives a decision from state authorities or local governments to transfer such objects to specialized organizations that use or operate them for their intended purpose.

Such a decision may be understood as the presence of a condition in the investment agreement with the city authorities for the construction of the facility on the transfer of utilities to the operating organizations upon completion of construction.

The customer presents the completed construction and prepared for operation facility to the investor for acceptance into operation with the presentation of 3 copies of the established documentation and the acceptance certificate from the contractor. One copy of the documentation is transferred to the State Construction Supervision Inspectorate, one to the operating organization for permanent storage, and one remains with the investor.

6.2.1. Accounting and taxation when selling a share to a company Shares that the company has purchased should be reflected in account 81 “Own shares (shares).” However, there is one difficulty. The fact is that this account should indicate the amount that the company pays

author Sosnauskiene Olga Ivanovna

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5.2.3. Accounting and taxation when leaving the company The cost of the redeemed share of a company participant in the amount of the actual value of the share is reflected in the accounting records by posting: DEBIT 81 CREDIT 75. In accordance with paragraph 4 of Article 24 of Law No. 14-FZ, the company

The organization and the developer entered into an investment agreement in the construction of residential and non-residential premises. The organization is neither a developer, nor a customer, nor a contractor. After the developer fulfills all the requirements established for him by the Federal Law of December 30, 2004 N 214-FZ "On participation in shared-equity construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation", the investment agreement will be transformed into agreements of shared participation in construction. After this, the organization intends to exercise its rights to the premises under construction under contracts for the assignment of claims. The organization applies common system taxation.
What is the accounting and tax treatment of these transactions for the investor?

The legal and economic foundations of investment activities carried out in the form of capital investments on the territory of the Russian Federation are regulated by No. 39-FZ dated February 25, 1999 “On investment activities in the Russian Federation carried out in the form of capital investments” (hereinafter referred to as Law No. 39-FZ).
Under investment activities refers to investments and implementation of practical actions in order to make a profit and (or) achieve another useful effect. Investments are cash, securities, other property, including property rights, other rights that have a monetary value, invested in objects of business and (or) other activities in order to make a profit and (or) achieve another beneficial effect (Law No. 39-FZ).
Among the subjects of investment activity, the law names, in particular, investors making capital investments in the territory of the Russian Federation using their own and (or) borrowed funds in accordance with the legislation of the Russian Federation, as well as customers, who are individuals and legal entities authorized by investors who carry out the implementation of investment projects (Law No. 39-FZ). Moreover, investors can also be customers.
Law No. 39-FZ determines that relations between subjects of investment activity are carried out on the basis of an agreement and (or) government contract concluded between them in accordance with the Civil Code of the Russian Federation. Meanwhile, the Civil Code of the Russian Federation does not distinguish an investment agreement (agreement on investment in capital construction projects) as a separate type of civil law agreement. Depending on the specifics of the legal relationship that develops between the parties, the rules of the Civil Code of the Russian Federation on purchase and sale, contract, simple partnership, etc. are applied to such agreements. (clause 4 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 11, 2011 N 54).
Moreover, as indicated by the Supreme Court, unless otherwise established, courts should evaluate contracts related to investment activities in the field of financing the construction or reconstruction of real estate as contracts for the sale and purchase of future immovable property.
In other words, under an investment agreement, the investor contributes cash, property and other investments, thereby acquiring the right to claim a completed capital investment project (for example, a building, residential and non-residential premises).
At the same time, until the completion of construction work, the investor has the right to transfer under the contract his rights to make capital investments and their results to individuals and legal entities (Law No. 39-FZ).
At the same time, it is necessary to take into account that, in accordance with Law No. 39-FZ, this law does not apply to relations that are associated with raising funds from citizens and legal entities for shared construction of apartment buildings and (or) other real estate objects on the basis of a participation agreement in shared construction, which are regulated by Law N 214-FZ. The “mirror” position is established in Part 3 of Art. 1 of Law N 214-FZ: this law does not apply to relations of legal entities and (or) individual entrepreneurs related to investment activities for the construction (creation) of real estate (including apartment buildings) and not based on an agreement of participation in shared construction .
In addition, part 3 of Art. 1 of Law N 214-FZ also establishes that the transfer of rights to citizens by assignment of claims under contracts concluded by legal entities and (or) individual entrepreneurs and are associated with investment activities for the construction (creation) of apartment buildings and after the execution of which citizens have the right of ownership of residential premises in the building (created) apartment building, not allowed.
In the analyzed situation, the investment agreement will be transformed into agreements for shared participation in construction after the developer has fulfilled all the requirements established for it by Law N 214-FZ. And only after this the organization will assign its rights as a participant in shared construction to other persons. In this regard, we believe that the assignment of rights under the contract, including to individuals who are not entrepreneurs, will be legal.
In accordance with Part 3 of Art. 4 of Law N 214-FZ, an agreement for participation in shared construction is concluded in writing, is subject to state registration and is considered concluded from the moment of such registration.
Part 1 art. 11 of Law N 214-FZ allows for the assignment by a participant in shared construction of the rights of claims under the contract after he has paid the contract price or simultaneously with the transfer of the debt to a new participant in shared construction in the manner established by the Civil Code of the Russian Federation. Such an assignment is permitted from the moment of state registration of the agreement for participation in shared construction until the parties sign a transfer deed or other document on the transfer of the shared construction object to the participant (Part 2 of Article 11 of Law No. 214-FZ).

Accounting

In our opinion, the organization has the right to take into account the acquired rights of a construction participant (rights of claim to completed premises) as part of financial investments on the basis of PBU 19/02 “Accounting for financial investments”, that is, reflect them on account 58 “Financial investments”, sub-account “Rights of a construction participant”.
At the same time, it is allowed to record such rights on account 76 “Settlements with various debtors and creditors” as receivables (if no economic benefit (income) is provided from the further assignment of rights of claim in the form of an increase in the value of financial investments (in the form of a difference between the sale (redemption) price of a financial investment and its purchase price)) (PBU 19/02). This conclusion also corresponds to paragraphs. "g" clause 3.1.8 "Regulations on accounting of long-term investments" (Ministry of Finance of Russia dated December 30, 1993 N 160, hereinafter referred to as Regulation N 160). According to the above norm, funds transferred by the investor for the construction of a real estate object are reflected in his accounts until the completion of construction and the completed object is credited to the organization’s balance sheet.
Taking into account the above, we believe that the following entries can be made in accounting:
Debit 76, subaccount "Settlements with the developer" Credit 51
- the investment contribution has been transferred;
Debit 58 (76), subaccount "Rights of a construction participant" Credit 76, subaccount "Settlements with the developer"
- rights of claim to construction projects are taken into account (PBU 19/02).
After re-signing the agreement, it will be necessary to make internal postings to account 58 or 76, since according to the Chart of Accounts for accounting the financial and economic activities of organizations and the Instructions for its application, approved by the Ministry of Finance of Russia dated October 31, 2000 N 94n, analytical accounting for account 58 “Financial investments " is maintained by type of financial investments and objects in which these investments were made, and in account 76 "Settlements with various debtors and creditors" - by counterparties and agreements;
Debit 58 (76), subaccount "Rights of a participant in shared construction" Credit 58 (76), subaccount "Rights of a participant in construction".
Income and expenses from the subsequent assignment of rights of claim in cases where this is not the subject of the organization’s main activity should be taken into account as part of other income and expenses, respectively (clause 7 “Income of the organization”, clause 11 “Expenses of the organization”).
When assigning the right of claim, the following entries are made:
Debit 62 (76), subaccount "Settlements with the buyer" Credit 91
- income from the assignment of claims is reflected;
Debit 91 Credit 58 (76), subaccount "Rights of a participant in shared construction"
- the value of the rights of claim is written off;
Debit 91 Credit 68
- VAT has been charged.

Taxation

Income tax

We recommend that you read the following materials:
- . Assignment of the right to claim under a share participation agreement in construction;
- . Determination of the tax base for VAT upon transfer property rights;
- . Income from the sale of property rights for profit tax purposes;
- . Expenses upon realization of property rights (for profit tax purposes).

Prepared answer:
Expert of the Legal Consulting Service GARANT
Vakhromova Natalya

The answer has passed quality control

The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service.

Yu.A. Inozemtseva, accounting and taxation expert

Accounting for encumbrances of the investor and developer

We deal with tax and accounting of encumbrances transferred to the state

We wrote about who investors and developers are:

As you know, before building a property, the developer must obtain a construction permit from the state, and also, possibly, rent a land plot for Art. 29 Land Code of the Russian Federation; subp. 5 paragraph 3 art. 8, paragraph 2, art. 51 of the Town Planning Code of the Russian Federation (hereinafter referred to as GRK). It is also possible to operate a constructed facility only after local government authorities give permission to put it into operation clause 1 art. 55 GrK.

But in order to obtain such permits, organizations are forced to comply additional conditions, put forward by the state. For example, reconstruct any social facilities, utility networks, or transfer part of the constructed real estate to the state. Such additional conditions are called encumbrances and Clause 2 of Moscow Government Decree No. 882-PP dated November 7, 2006.

Despite the fact that developers and investors have long been working with government agencies according to this scheme, the accounting of these operations is not directly regulated by either accounting regulations, nor NK. As a rule, when it comes to the construction of commercial real estate, questions regarding the costs of fulfilling the terms of investment contracts with government agencies (hereinafter referred to as the costs of encumbrances) arise for investors, and for residential real estate - for developers.

Encumbrances: on what basis?

The fact that any additional encumbrances in favor of the state may be imposed on the investor (developer) is expressly stated only in the Town Planning Code. Thus, it provides that public authorities can conclude an agreement with developers on the development of built-up areas and Articles 46.2, 46.6 GRK. As part of this agreement, the organization may be assigned obligations for the construction of utility, transport, social infrastructure and the subsequent transfer of these facilities to the state. In return, the government body undertakes to provide a plot of land for construction (free of charge or for rent (the rent must be equal to land tax)), as well as make certain organizational decisions necessary for the construction process clause 2.1 art. 30 Land Code of the Russian Federation; subp. 1 clause 3 art. 46.2 GrK.

However, much more often than an agreement on the development of a built-up area, developers enter into government agencies(for example, with the city administration) a so-called investment agreement, not directly provided for by the Civil Code.

In essence, this is an agreement on joint activities and Art. 1041 Civil Code of the Russian Federation; Resolution of the Federal Antimonopoly Service of the Moscow Region dated August 30, 2012 No. A40-6920/12-76-64; clause 4 of the Resolution of the Plenum of the Supreme Arbitration Court of July 11, 2011 No. 54.

It states that the administration undertakes to provide the developer with a construction permit, as well as a land plot, and in return the developer transfers to the administration part of the apartments in a built building or part of the space in a non-residential property, sometimes utility networks or social infrastructure facilities (kindergarten, cultural center and other).

Investor Accounting

Income tax

The position of the Ministry of Finance is that the costs of constructing objects transferred to the state can be taken into account in expenses when calculating income tax only in the case when the objects are transferred into the ownership of the state under agreements on the development of a built-up area and Letter of the Ministry of Finance dated November 16, 2009 No. 03-03-06/1/758.

The tax authorities also note in their letters that the possibility of imposing any encumbrances on the investor in favor of the state is expressly provided for by law only within the framework of an agreement on the development of built-up areas Letter from the Federal Tax Service for Moscow dated 08/07/2012 No. 16-15/071535@. However, they do not conclude that the costs of encumbrances cannot be taken into account if any agreements other than an agreement on the development of a built-up area are concluded between the investor and the government agency.

In their opinion, the costs of fulfilling the terms of investment contracts with encumbrances (without concluding an agreement on the development of a built-up area) are also justified, since without incurring such costs the organization will not be able to build a property. At the same time, the transfer of objects to the state under investment contracts is not free of charge, since the administration or other government bodies have counter-obligations to the organization (in the form of granting rights to the land plot necessary for construction, as well as a construction permit) Letter of the Federal Tax Service dated 04.04.2008 No. 02-1-07/16@.

As experts from the Ministry of Finance explained to us, the costs of encumbrances (construction of objects or parts thereof transferred to the state) should be included in the initial cost of the property and written off as expenses by calculating depreciation and amortization. clause 1 art. 257 Tax Code of the Russian Federation.

FROM AUTHENTIC SOURCES

Advisor to the State Civil Service of the Russian Federation, 3rd class

“ If an investor (developer) has concluded an investment agreement with the city administration, under the terms of which the administration provides a land plot and issues a permit for the construction of an object, and upon completion of construction receives part of the space in the constructed object, then the cost of these areas must be included by the investor in the initial cost of the constructed object OS object. There is no need to separately highlight the cost of such areas.”

The courts agree with this Resolution of the Federal Antimonopoly Service of the Northern Territory of April 6, 2012 No. A56-40046/2011.

And sometimes investors write off the costs of encumbrances at a time, including them in non-operating expenses, and the courts also recognize this as legitimate. Resolution of the Federal Antimonopoly Service of the Moscow Region dated 01.02.2013 No. A40-11126/12-107-53.

VAT

According to the Ministry of Finance, the investor does not have the right to deduct VAT presented by contractors as part of the cost of work, in terms of encumbrances. The reason is that the transfer to the state of any fixed assets, including residential buildings, social or housing and communal services facilities, is not subject to VAT. subp. 2, 5 p. 2 tbsp. 146 Tax Code of the Russian Federation. Therefore, input VAT cannot be deducted. subp. 1 item 2 art. 171 Tax Code of the Russian Federation; Letter of the Ministry of Finance dated November 6, 2012 No. 03-03-06/1/571.

In judicial practice, there is no consensus on the fate of input VAT on encumbrances during the construction of facilities intended in the future for activities subject to VAT. There are three positions on this issue.

POSITION 1. VAT presented by contractors during the construction of real estate, attributable to encumbrances, cannot be deducted.

This decision was once made by the Federal Antimonopoly Service of the Ural District. Resolution of the Federal Antimonopoly Service of Ukraine dated May 16, 2014 No. F09-2502/14. The arguments are the same as those of the Ministry of Finance: the investor is not entitled to a deduction, since this VAT relates to the areas of the object built by the investor, which are transferred to the state, and therefore the object is not used by the organization in activities subject to VAT.

POSITION 2. Input VAT can be deducted in full, including the part attributable to encumbrances.

This was the conclusion reached by the Federal Antimonopoly Service of the Northwestern District. Resolutions of the Federal Antimonopoly Service of the North-West District dated December 5, 2013 No. A56-1445/2013, dated April 6, 2012 No. A56-40046/2011, FAS Moscow district a Resolutions of the Federal Antimonopoly Service of the Moscow Region dated June 22, 2011 No. KA-A40/5782-11, dated September 28, 2012 No. A40-2842/12-20-12, dated June 8, 2012 No. A40-99255/11-129-427, dated February 22, 2012 No. A40-50066/11-140-220.

The court decisions mentioned in the article can be found: section “Judicial Practice” of the ConsultantPlus system

In making this decision, the courts proceeded from the fact that the operation of transferring objects or parts thereof to the state does not have an independent business purpose for the investor. Investors are placed in such conditions by the state that they are forced to enter into investment contracts with encumbrances, otherwise they would not be able to build the property. The cost of encumbrances forms the value of the object, which remains with the investor. Since the object built by the investor, for which the investment contract was concluded, will subsequently be used in activities subject to VAT, input tax can be deducted in full.

POSITION 3. VAT can be deducted, but it must then be restored when the object (part of it) is transferred to the state.

Such decisions were made by the Federal Antimonopoly Service of the Ural District Resolution of the Federal Antimonopoly Service UO dated July 5, 2013 No. F09-6641/13, FAS Moscow district a Resolutions of the Federal Antimonopoly Service of the Moscow Region dated September 25, 2012 No. A40-126873/11-107-522, dated April 17, 2012 No. A40-57989/11-140-251, dated April 4, 2012 No. A40-26992/11-107-118; 9 AAS dated January 23, 2012 No. 09AP-35005/2011-AK.

The logic of such decisions is that the investor has the right to deduct the “contract” VAT presented by the developer on a consolidated invoice at the time of taking into account the work performed, without waiting for the completion of construction and clause 6 art. 171, paragraph 5 of Art. 172 Tax Code of the Russian Federation. Moreover, the Tax Code does not oblige the investor to accept the VAT amounts presented to him by the contractors for deduction only in proportion to the share that the investor will receive after allocating the space based on the percentage established by the investment contract. But when transferring encumbrances (part of the investment object) into the ownership of the state, the investor is obliged to restore part of the VAT previously accepted for deduction, in proportion to the cost of the areas of the real estate transferred to the state and subp. 2 p. 3 art. 170 Tax Code of the Russian Federation. Tax service specialists agree with this.

FROM AUTHENTIC SOURCES

DUMINSKAYA Olga Sergeevna

Advisor to the State Civil Service of the Russian Federation, 2nd class

“ Since the transfer of fixed assets to the state is not subject to VAT, the input tax attributable to the cost of encumbrances, previously accepted for deduction, must be restored at the time of transfer of real estate to the state clause 2 art. 171, paragraph 6 of Art. 171, paragraph 1, art. 172 Tax Code of the Russian Federation” .

CONCLUSION

As we can see, judges do not have a unanimous opinion on the issue of deducting VAT in terms of encumbrances. Whether it is worth the risk of deducting such VAT is up to you to decide.

Accounting

In accounting, the costs of encumbrances are included in the cost of the main property that the investor is building. This must be done regardless of whether this object will be used in the activities of the investor as fixed assets or whether the investor plans to sell the object, that is, it will be recognized in the balance sheet as a commodity or finished product and clause 8 of PBU 6/01; clause 6 PBU 5/01.

After all, the investor spends money on fulfilling the “state” part of the investment contract for the sole purpose of getting a piece of real estate at his disposal. This means that the costs of encumbrances are directly related to the acquisition of an asset (fixed assets, goods or finished products).

This means that if an investor builds a shopping center for himself, but for the state is obliged to build, for example, a kindergarten or a cultural center, then in analytical accounting there is no need to single out the kindergarten as a separate object. All costs incurred by the investor in connection with the construction of a shopping center should be included directly in the cost of the “shopping center” object. This approach complies with the norms of the new Law on Accounting, which requires recognizing in reporting and accounting not property, but assets of the organization and clause 2 art. 5 of the Law of December 6, 2011 No. 402-FZ. Recall that an asset is a resource controlled by an organization as a result of past events, which is capable of bringing economic benefits to it.

It is obvious that even if an investor builds several buildings (a shopping center, a kindergarten and a cultural center), he has only one asset - a shopping center, although there are three property objects. Because only the shopping center will bring economic benefits to the investor. And its cost will include the total amount of costs incurred for the implementation of the investment contract, including the costs of encumbrances.

Let’s say an investor spent 100,000,000 rubles on the construction of a shopping center; kindergarten and cultural centers - 20,000,000 rubles each. From the point of view of financial accounting, it turns out that the shopping center cost the investor 140,000,000 rubles. (100,000,000 rubles + 20,000,000 rubles + 20,000,000 rubles), since the costs of building a kindergarten and a community center were incurred solely for the purpose of building a shopping center.

But this approach has a drawback - the cost of building a kindergarten and community center will not be visible in accounting, while the construction projects themselves exist. Since the Russian accountant is more accustomed to the property approach to accounting (when financial accounting corresponds to warehouse and inventory accounting of property objects), it is possible to enter all three objects in analytical accounting and collect the costs of their construction in the context of each of them. This accounting procedure will not lead to distortion of reporting, since the balance sheet in any case will reflect the total amount of costs for the construction of all objects under the item “OS” (line 1150) or “Inventories” (line 1210). With this method of accounting, at the time of transfer of objects to the state, their value can be written off by an entry in analytical accounting, for example, debit to account 08 “Non-current assets” (shopping center) – credit to account 08 (house of culture).

Example. Investor accounting under contracts with government encumbrances

/ condition / The investor entered into an investment contract with the city administration for the construction of a shopping center, and at the same time undertook to build a cultural center and transfer it to the ownership of the city. Costs for the construction of the shopping center amounted to 118,000,000 rubles, including VAT 18,000,000 rubles, costs for the construction of the cultural center - 23,600,000 rubles, including VAT 3,600,000 rubles. The construction is organized by the developer; the developer's remuneration is not specified in the contract. The organization decided not to deduct VAT on the costs of constructing the cultural center. Shopping mall intended for rental.

/ solution / The wiring will be like this.

Contents of operation	Dt	CT	Amount, rub.
Money for construction of objects was transferred to the developer (RUB 118,000,000 + RUB 23,600,000)		51 “Current accounts”	141 600 000
The shopping center has been registered (RUB 118,000,000 – RUB 18,000,000)		76 “Settlements with various debtors and creditors”	100 000 000
VAT charged by the developer (contractors) is taken into account as part of the cost of work		76 “Settlements with various debtors and creditors”	18 000 000
VAT is accepted for deduction	68 “Calculations for taxes and fees”, subaccount “VAT”	19 “VAT on purchased assets”	18 000 000
House of Culture accepted for registration		76 “Settlements with various debtors and creditors”	20 000 000
VAT claimed by the developer (contractors) is taken into account as part of the cost of work, including the developer’s remuneration	19 “VAT on purchased assets”	76 “Settlements with various debtors and creditors”	3 600 000
VAT, which is not deductible, is included in the cost of the cultural center	08 “Non-current assets” (house of culture)	19 “VAT on purchased assets”	3 600 000
The cultural center has been transferred to the ownership of the city	08 “Non-current assets” (shopping center)	08 “Non-current assets” (house of culture)	23 600 000
The shopping center has been registered (RUB 100,000,000 + RUB 23,600,000)	03 “Profitable investments in material assets”	08 “Non-current assets” (shopping center)	123 600 000

Accounting with the developer

When it comes to the construction of residential real estate, government agencies often oblige the developer to transfer a certain number of apartments in the constructed building to the ownership of the state (sometimes an entire house in the constructed microdistrict). But the shareholders’ money can only be spent on the purposes determined by Law No. 214-FZ of December 30, 2004, and the costs of additional encumbrances imposed on the developer by the state are not included in the list of these purposes clause 1 art. 18 of the Law of December 30, 2004 No. 214-FZ. The only exceptions are the costs of fulfilling obligations under an agreement on the development of a built-up area and subp. 6 clause 1 art. 18 of the Law of December 30, 2004 No. 214-FZ.

Does this mean that the developer has to build “state” apartments at his own expense?

Let's see how to take into account such developer costs in tax and accounting.

Income tax

According to the tax authorities, the developer can take into account the costs of encumbrances by including them in the initial cost of the construction project. Letters of the Federal Tax Service for Moscow dated 08/07/2012 No. 16-15/071535@; Federal Tax Service dated 04.04.2008 No. 02-1-07/16@.

At first glance, the position of the tax authorities is not entirely clear. After all, money received from shareholders and investors is a means of targeted financing for developers subp. 14 clause 1 art. 251 Tax Code of the Russian Federation. Consequently, the constructed facility is not taken into account in the developer’s tax accounting. In particular, when transferring apartments to equity holders, developers have neither income nor expenses. How can a developer take into account the additional costs of “state” apartments or other encumbrances?

The fact is that in most cases, the share participation agreement specifies a fixed cost of the apartment, which must be paid by the shareholder (in this case, the shareholder can be either an individual or an organization). The developer is left with the so-called savings - the difference between the amount received from the shareholder and the costs of building the house. “Savings” are included in the developer’s non-operating income. The greater the developer’s construction costs (including the costs of encumbrances), the less his “savings,” that is, taxable (non-operating) income.

For example, the developer received 1,000,000 rubles from shareholders, the costs of constructing apartments amounted to 700,000 rubles, and the costs of encumbrances amounted to 100,000 rubles. If the developer includes the costs of encumbrances in the cost of construction, then the total costs will be 800,000 rubles, and the developer’s “savings” will be 200,000 rubles. (RUB 1,000,000 – RUB 800,000).

If the developer first calculates the “savings” in the amount of 300,000 rubles. (1,000,000 rubles – 700,000 rubles) and includes it in non-operating income, and then writes off the costs of encumbrances in the amount of 100,000 rubles as non-operating expenses, it turns out that income tax must be paid on the same 200,000 rubles . (300,000 rubles – 100,000 rubles), as in the first case.

Therefore, it does not matter how the developer takes into account the costs of encumbrances - whether he includes them in the cost of objects built for shareholders, reducing his “savings,” or simply takes into account the costs of constructing “state” apartments in non-operating expenses. In both cases, you may have to defend your position in court, and there are chances of winning, because the judges support the developer in Resolution of the Federal Antimonopoly Service dated 02.02.2010 No. A12-7415/2009; FAS VSO dated August 12, 2010 No. A33-13911/2009.

Accounting

The accounting procedure for the developer, including the accounting of encumbrances, is not defined by law.

You can find out more about the accounting and tax accounting procedures from the developer:

Therefore, developers can include the cost of encumbrances in the cost of apartments to be transferred to shareholders, or include the cost of encumbrances in expenses for ordinary activities. The selected option must be fixed in accounting policy. Whatever accounting method you choose, the cost of encumbrances will reduce the developer’s profit - as a separate expense item or by reducing the developer’s “savings” (as well as when calculating income tax).

By the way, sometimes tax authorities try to qualify encumbrances as construction and installation work for their own needs and charge VAT on their cost, but this point of view is not supported in court. Resolution of the FAS VSO dated August 12, 2010 No. A33-13911/2009.