In 2016, the following rules for taxation of corporate property tax apply to movable property:
- objects included in the first and second depreciation groups are not recognized as an object of taxation in accordance with subparagraph 8 of paragraph 4 of Article 374 of the Tax Code of the Russian Federation without restrictions, regardless of the date of their acceptance for accounting as part of fixed assets;
- objects included in the third and higher depreciation groups, registered as part of fixed assets before January 1, 2013, are taxed in accordance with the general procedure;
- objects included in the third and higher depreciation groups, registered as part of fixed assets after January 1, 2013, are exempt from taxation on the basis of paragraph 25 of Article 381 of the Tax Code of the Russian Federation, provided that they were not received as a result of reorganization (liquidation) or from interdependent persons;
- objects included in the third and higher depreciation groups, registered as part of fixed assets after January 1, 2013 (including in 2013 and 2014), received
into an organization as a result of reorganization (liquidation) or from interdependent persons are taxed in accordance with the general procedure.
Thus, organizations are exempt from taxation on the property tax of organizations in relation to movable property registered on January 1, 2013
as fixed assets, with the exception of movable property accepted
registered as a result of:
- reorganization or liquidation of legal entities;
- transfers, including acquisition, of property between persons recognized
in accordance with the provisions of paragraph 2 of Article 105.1 of the Tax Code of the Russian Federation, interdependent.
The specified restrictions apply in the case of installation of movable property objects
on the balance sheet as a fixed asset in accordance with paragraph 4 of PBU 6/01 “Accounting for fixed assets” (approved by order of the Ministry of Finance of the Russian Federation dated March 30, 2001 No. 26n).
Nuances of applying the current benefit
If movable property taken onto the balance sheet as a result of reorganization is not taken into account as fixed assets, after its transfer to fixed assets there is a restriction
regarding the impossibility of applying the benefit to transactions between related parties
is not valid (letter of the Federal Tax Service of Russia dated April 18, 2016 No. BS-4-11/6740).
EXAMPLE
The organization received young animals from a dependent party. According to accounting rules, it is reflected in account 11 “Animals for growing and fattening.” After the animals are transferred to the main herd, they are reflected in fixed assets. After such a transfer, the organization will be able to apply the corporate property tax benefit in the general manner.
The Ministry of Finance of Russia in letter dated February 9, 2015 No. 03-05-05-01/5111 explains that bringing the name of an organization into compliance with the Civil Code cannot be considered
as a reorganization. This means that there are no grounds for refusing to apply for tax benefits.
for property, in the case where movable property was registered as a fixed asset from January 1, 2013. As of January 1, 2015, movable property registered as fixed assets during 2013–2014 will be deprived of benefits as a result of reorganization.
In letter No. 03-05-05-01/5030 of the Ministry of Finance of the Russian Federation dated February 6, 2015, it is explained that the property tax benefit provided for in paragraph 25 of Article 381 of the Tax Code can be applied even if the property was received from the municipality. Justification – paragraph 5 of Article 105.1 of the Tax Code. Direct and (or) indirect participation of the Russian Federation, constituent entities of the Russian Federation, municipalities in Russian organizations in itself is not a basis for recognizing such organizations as interdependent.
And the letter of the Federal Tax Service of the Russian Federation dated March 13, 2015 No. ZN-4-11/4037 states that fixed assets made from materials purchased after January 1, 2013
from an interdependent person are not subject to corporate property tax.
After all, the inventories from which the fixed asset is made are not subject to property taxation on the basis of Article 374 of the Tax Code.
Another situation. Under a construction contract, the contractor independently purchases equipment that requires installation and carries out installation work.
Then the finished movable property is transferred to the customer, who is an interdependent party with the contractor. As the Federal Tax Service of Russia indicated in letter No. BS-4-11/12245 dated July 8, 2016, the exemption from property tax established by paragraph
25 of Article 381 of the Tax Code of the Russian Federation does not apply to such movable property.
Cars produced after January 1, 2013
There is a bill introduced by the Government of the Russian Federation (No. 1155134-6), if adopted, the scope of application of the benefit established by paragraph 25 of Article 381 of the Tax Code of the Russian Federation will be significantly expanded from January 1, 2017.
Its essence is that organizations that have on their balance sheet cars produced since
from January 1, 2013, they will no longer pay movable property tax. That is, any vehicle owned by the company, produced starting from January 1, 2013,
will be exempt from property tax. The restriction on non-application of benefits in the event of purchasing a car from a related party or as a result of reorganization will be lifted. The production date of the car will be determined by its registration certificate. This will serve as justification for the benefit.
The bill does not provide for recalculation and refund of taxes for previous years.
Let us remind you that the deadline for submitting the property tax report for 2016 is expiring.
March 30, 2017.
The limit on the cost of fixed assets in 2016 in accounting is the same - 40 thousand rubles. But in tax accounting there is another border. There, from January 1, fixed assets include assets worth more than 100 thousand rubles. Anything cheaper is immediately written off as expenses.
What is the limit on the cost of fixed assets in 2016 in accounting
In accounting, write off through depreciation property that has signs of fixed assets and costs more than 40 thousand rubles.
An asset has the characteristics of an OS if it:
Intended for production, management activities or rental;
The company has no plans to resell;
Capable of generating future income.
The company must establish the limit on the cost of fixed assets in 2016 in its accounting policies in its accounting policies. 40 thousand is the maximum limit. The organization has the right to choose a smaller amount. But not big. Property more expensive than 40 thousand rubles. In accounting, it can only be written off through depreciation.
What is the limit on the cost of fixed assets in tax accounting?
Serve for more than 12 months;
They cost more than 100 thousand rubles.
Previously, in tax accounting, property from 40 thousand rubles was depreciated.
Started using the OS earlier? Then follow the previous rules. Depreciate property worth more than 40 thousand rubles.
How to reflect the difference
So, the limit on the cost of fixed assets in 2016 in accounting is 40 thousand, and in tax accounting - 100 thousand rubles. Let's say a company buys an object worth from 40 thousand to 100 thousand rubles. In accounting, such an asset will be depreciated, but in tax accounting it will not. Therefore, those companies that use PBU 18/02 will have to take into account the differences.
Example. How to take into account property worth from 40 thousand to 100 thousand rubles.
In December 2015, the company bought a computer. And in January 2016 it was put into operation. The purchase price is 70,800 rubles, including VAT - 10,800 rubles.
Monthly depreciation on the computer - 2000 rubles.
In January, the accountant will write:
DEBIT 08 subaccount “Purchase of fixed assets” CREDIT 60
— 60,000 rubles (70,800 - 10,800) — purchased a computer;
DEBIT 19 CREDIT 60
— 10,800 rub. — input VAT is reflected;
DEBIT 01 CREDIT 08 subaccount “Purchase of fixed assets”
— 60,000 rub. — put the computer into operation;
DEBIT 68 subaccount “VAT” CREDIT 19
— 10,800 rub. — accepted for deduction of VAT;
DEBIT 68 subaccount “Income Tax” CREDIT 77
— 12,000 rub. (RUB 60,000 x 20%) - took into account the deferred tax liability.
In tax accounting, the company will write off the cost of the computer as an expense at the time of purchase. But in accounting it will be depreciated. A deferred tax liability (DTL) will arise.
From February and every month as the object depreciates, the difference and IT will be repaid by postings:
DEBIT 20 (25,26) CREDIT 02
— 2000 rub. — monthly depreciation is calculated;
DEBIT 77 CREDIT 68 subaccount “Income Tax”
— 400 rub. (RUB 2,000 x 20%) - part of the IT is repaid.
In tax accounting, fixed assets are property that is used in the business activities of the company (not consumed as raw materials and not sold as goods). Its useful life must be more than 12 months (clause 1 of article 256, clause 1 of article 257 of the Tax Code of the Russian Federation). Now I’ll tell you what will change in the new year.
Tax accounting
Since 2016, tax accounting has a new limit on the value of fixed assets. OS will be considered property worth more than 100,000 rubles (Federal Law of June 8, 2015 No. 150-FZ). Objects that cost 100,000 rubles or less are considered materials. Thus, with the adoption of the new law, companies will be able to take into account more costs at a time in the current period. These innovations improve the situation of organizations, because income tax payers depreciate fixed assets, and “simplified” companies gradually write them off during the reporting year.
There is only one difference between accounting and tax accounting when forming the initial cost of fixed assets. In accounting, it includes interest on a loan raised for the acquisition of fixed assets, recognized as an investment asset (clause 7 of PBU 15/2008). Otherwise, the initial cost is formed in the same way (clause 8 of PBU 6/01, clause 1 of Article 257 of the Tax Code of the Russian Federation).
Let me remind you that the initial cost of fixed assets is included in expenses through depreciation charges (clause 3, clause 2, article 253 of the Tax Code of the Russian Federation).
VAT can be deducted only on those fixed assets that will be used for transactions subject to this tax. Input VAT is accepted for deduction for any quarter in which three conditions are met (clauses 2, 6 of Article 171, clauses 1, 1.1, 5 of Article 172 of the Tax Code of the Russian Federation): the invoice is received from the supplier (contractor ); the purchased asset or goods (work, services) purchased for its creation are accepted for accounting; Three years have not elapsed since registration.
VAT on fixed assets that will be used only in non-taxable transactions is included in their cost in both accounting and tax accounting (clause 8 of PBU 6/01, clause 2 of Article 170, clause 1 of Article 257 of the Tax Code of the Russian Federation ). If fixed assets will also participate in transactions subject to VAT, then it is necessary to divide the tax into that accepted for deduction and included in the cost of the objects.
Accounting
Now I’ll tell you a little about OS accounting, although it will not change from next year. The procedure for these operations is regulated by two main documents: Accounting Regulations “Accounting for Fixed Assets” PBU 6/01, approved by Order of the Ministry of Finance dated March 30, 2001 No. 26n; Guidelines for accounting of fixed assets, approved by Order of the Ministry of Finance of October 13, 2003 No. 91n.
In accounting, the cost criterion for fixed assets of the company is established themselves in the accounting policy. In this case, the limit cannot be more than 40,000 rubles. That is, this figure can, for example, be 30,000 rubles (paragraph 4, paragraph 5 of PBU 6/01 “Accounting for fixed assets”). Property that does not meet all these requirements is not taken into account as part of the fixed assets and is not depreciated. Its cost is reflected in expenses in accounting when it is put into operation.
Fixed assets are accepted for accounting at historical cost. The initial cost of fixed assets is the sum of the organization’s actual costs for their acquisition, construction and production, minus VAT and other refundable taxes.
When calculating the actual cost, general and other similar expenses are not taken into account, except in cases where they are directly related to the acquisition, construction or manufacture of fixed assets.
The specified costs that form the initial cost are reflected in accounting as the debit of account 08 “Investments in non-current assets”, subaccount 08-4 “Purchase of fixed assets”, in correspondence with the credit of account 60 “Settlements with suppliers and contractors” (Instructions for use Chart of accounts for accounting financial and economic activities of organizations, approved by Order of the Ministry of Finance dated October 31, 2000 No. 94n).
Acceptance of fixed assets for accounting is reflected by an entry in the debit of account 01 “Fixed Assets” in correspondence with the credit of account 08, subaccount 08-4.
In accounting, fixed assets recorded on account 01 or 03 are depreciated.
Through depreciation, the entire initial cost of property classified as depreciable is written off (clauses 8 and 17 of PBU 6/01).
Depreciation on fixed assets in accounting is accrued from the 1st day of the month following the month in which the object was accepted for accounting (clause 21 of PBU 6/01) and until its cost is repaid in full, or until The OS will not be deregistered. Its accrual ends on the 1st day of the month after the full repayment of the cost of this object, or its deregistration (clause 22 of PBU 6/01 “Accounting for fixed assets”). During the useful life of the asset, depreciation is not suspended. An exception is cases of transfer of a fixed asset to conservation for a period of more than
three months, as well as a recovery period lasting over 12 months (clause 23 of PBU 6/01).
In January 2016, the organization purchased equipment belonging to the 4th depreciation group, costing 59,000 rubles (including VAT - 9,000 rubles).
The equipment was put into operation in the same month.
The useful life is set at 65 months. The depreciation rate is 1.5385 percent (1/65). Depreciation in accounting for fixed assets will be accrued starting in February 2016.
The initial cost of the fixed asset will be 50,000 rubles. (59,000 – 9,000).
The monthly amount of accounting depreciation starting from February 2016 is 769.25 rubles (50,000 rubles x 1.5385%).
Tax accounting in January 2016 will take into account the entire cost of equipment in the amount of 50,000 rubles.
There will be no expenses in the organization’s accounting in January 2016, and the entire cost of the equipment will be written off in tax accounting.
According to paragraphs 12, 15 of the Accounting Regulations “Accounting for calculations of income tax of organizations” PBU 18/02, approved by Order of the Ministry of Finance dated November 19, 2002 No. 114n, a taxable temporary difference and a corresponding deferred tax liability arise in accounting, which is reflected at Credit account 77 “Deferred tax liabilities” in correspondence with Debit account 68 “Calculations for taxes and fees”.
Further, in accordance with paragraph 18 of PBU 18/02, as depreciation is accrued, the resulting NVR and the corresponding IT are reduced, since the amount of monthly depreciation deductions is recognized in accounting, and there will be no expenses in tax accounting.
That is, on the last day of each month, IT decreases, which is reflected by an entry in the debit of account 77 and the credit of account 68 (Instructions for using the Chart of Accounts).
The accounting entries will be as follows:
DEBIT 01 “Fixed assets” CREDIT 08 “Investments in non-current assets”
– 50,000 rubles – the asset is accepted for accounting. The primary document is the act of acceptance and transfer;
DEBIT 77 CREDIT 68 subaccount “Calculations for income tax”
– 10,000 rubles
– IT was formed
(50,000 x 20%), the primary document is an accounting statement and calculation.
Every month, starting from February 2016, during the period of use of the OS (65 months), you need to make the following entries:
DEBIT 20 (26, 44, etc.) CREDIT 02 “Depreciation of fixed assets”
– 769 rubles 25 kopecks – depreciation has been accrued for the fixed asset, the primary document is an accounting statement-calculation;
DEBIT 77 “Deferred tax liability” CREDIT 68 subaccount “Calculations for income tax”.
– 153 rubles 85 kopecks – reduced IT (765 rubles 25 kopecks X 20%).
As a result of these operations, the balance on account 77 will be equal to zero, which confirms the correctness of the calculations and application of PBU 18/02.
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Accounting and tax accounting of fixed assets are determined by different regulatory documents, as a result of which accountants use different methods of writing off fixed assets, which lead to the formation of differences, and as a result, to the emergence of a tax liability. What surprises await us in 2016 with the introduction of new limits on the value of fixed assets?
From January 1, 2016, a new limit on the value of fixed assets for tax accounting is introduced - 100,000 rubles. For accounting, the limit has not changed - 40,000 rubles. How to write off the cost of fixed assets without creating temporary differences, and is this possible? How to correctly formulate the rule for writing off the cost of fixed assets in the accounting policy? Would, for example, the following formulation be correct: “Property worth less than 100,000 rubles with a useful life of more than a year is classified as material expenses and is written off as expenses evenly, based on its useful life (clause 3, clause 1, article 254 of the Tax Code of the Russian Federation) )", "Property worth from 40,000 to 100,000 rubles with a useful life of more than a year is classified as material expenses and is written off as expenses evenly, based on its useful life (clause 3, clause 1, article 254 of the Tax Code of the Russian Federation)." “Property worth up to 40,000 rubles with a useful life of more than a year is classified as material expenses and is written off as expenses at a time at the time of commissioning.”
Let's consider how the law interprets this situation. Based on paragraph 1 of Art. 256 of the Tax Code of the Russian Federation, depreciable property for profit tax purposes is property, results of intellectual activity and other objects of intellectual property that are owned by the taxpayer (unless otherwise provided for in Chapter 25 of the Tax Code of the Russian Federation), used by him to generate income and the cost of which is repaid by depreciation charges. Depreciable property is property with a useful life of more than 12 months and an original cost of more than 100,000 rubles.
In accordance with paragraph 1 of Art. 257 of the Tax Code of the Russian Federation, fixed assets for profit tax purposes are part of the property used as means of labor for the production and sale of goods (performance of work, provision of services) or for the management of an organization with an initial cost of more than 100,000 rubles.
The criterion in the amount of 100,000 rubles is valid from 01/01/2016 and applies to depreciable property objects put into operation starting from 01/01/2016 (clauses 7, 8, article 2, parts 4, 7, article 5 of the Federal Law dated 06/08/2015 No. 150-FZ).
Accounting for fixed assets
Accounting for fixed assets is determined in accordance with clause 4 of PBU 6/01 “Accounting for fixed assets” (hereinafter referred to as PBU 6/01), which states that property is recognized as a fixed asset subject to certain conditions:
1. The facility is used for the production of products (performance of work, provision of services), for the management needs of the organization, or for provision by the organization for a fee for temporary possession and use or for temporary use;
2. The period of use of the object is determined by a duration exceeding 12 months;
3. The object is obliged to bring economic benefits (income) to the company in the future;
4. The company does not intend to subsequently resell the property.
Moreover, companies have the right to reflect objects that meet the above conditions and cost within the limit approved in the accounting policy, but not more than 40,000 rubles per unit, in accounting as part of inventories (MPI) (4 paragraphs of paragraph 5 of PBU 6/01). But this rule is not the company’s obligation, but only its right, therefore it must be enshrined in the company’s accounting policies.
Tax accounting of fixed assets
As for tax accounting, here the value limit for property to belong to a fixed asset is determined by law, and does not allow the company to approve it independently. Those. from 01/01/2016 after changes made to Articles 256, 257 of the Tax Code of the Russian Federation, the following situation is possible: the same object, put into operation on 01/01/2016, costing, for example, 75,000 rubles in accounting will be recognized as an object of fixed assets, but will not be depreciable property for income tax purposes.
Expenses for the acquisition of property that is not considered to be material expenses in accordance with paragraphs. 3 p. 1 art. 254 Tax Code of the Russian Federation. Moreover, the cost of non-depreciable property is included in material costs in full when it is put into operation. In addition, if the value of property is written off over more than one reporting period, the taxpayer has the right to independently determine the procedure for recognizing the value of this property as part of material expenses, taking into account the period of its use or other economically feasible indicators.
Thus, taxpayers have the right to independently determine the period for writing off the value of property that is not depreciable, taking into account economically sound indicators, which should be enshrined in the accounting policy. The law does not establish any restrictions on the timing of write-offs and the amounts of non-depreciable property.
How to approve a limit on the value of fixed assets in the accounting policy
When approving the accounting policy for fixed assets, you should pay attention to the following situations.
1. The company has determined that the value of property less than 100,000 rubles for profit tax purposes will be written off evenly without taking into account the 40,000 ruble limit in accounting.
In this case, in tax accounting, property worth up to 40,000 rubles will be written off during the established period of operation, and in accounting, at a time when it is put into operation (clause 93 of the Methodological Guidelines for Accounting for Inventory Production, approved by Order of the Ministry of Finance of the Russian Federation No. 119n dated December 28. 2001).
This situation does not contribute to bringing tax accounting closer to accounting, which will lead to the emergence of a tax liability. Thus, the organization has the right to set a limit on the value of property in the range from 40,000 rubles to 100,000 rubles.
2. The company determined that the cost of property necessary to support the production process, from 40,000 rubles to 100,000 rubles with a useful life of more than 1 year (12 months), is classified as material expenses and is written off as expenses evenly, based on its useful life . And property up to 40,000 rubles with a useful life of more than 1 year (12 months) is classified as material expenses and is written off as expenses at a time at the time of its commissioning.
In this situation, if the useful life of the objects, determined both for accounting and tax accounting purposes, coincides, the profit received according to accounting and tax accounting data will coincide (in the absence of other discrepancies).
Of course, in this case, the accounting and tax accounting data will come closer, but nevertheless, it will be necessary to reflect the differences in accounting in accordance with the requirements of PBU 18/02 “Accounting for calculations of corporate income tax” (hereinafter referred to as PBU 18/02).
Accounting Differences
Due to the fact that different rules for recognizing income and expenses are established in accounting and tax accounting, permanent and temporary differences are formed when determining accounting profit (PBU 18/02).
Permanent differences are income and expenses (clause 4 of PBU 18/02), which:
- generate accounting profit (loss) for the reporting period, but are not taken into account when determining the tax base for income tax for both the reporting and subsequent reporting periods;
- are taken into account when determining the taxable base for the profit tax of the reporting period, but for accounting purposes they are not recognized as income and expenses of both the reporting and subsequent reporting periods.
Temporary differences in accordance with PBU 18/02 are income and expenses that form accounting profit (loss) in one reporting period, and the tax base for taxation of profit in another (clause 8 of PBU 18/02).
There are temporary differences (clause 10 of PBU 18/02):
- deductible temporary differences;
- taxable temporary differences.
In accordance with paragraphs. 11, 12 PBU 18/02, deductible and taxable temporary differences are formed by applying different methods of calculating depreciation in accounting and tax accounting and other similar differences.
Thus, in accounting, depreciation accrued on fixed assets will be taken into account as expenses (clause 17 of PBU 6/01, clause 8 of PBU 10/99 “Organization’s Expenses”), and in tax accounting - material expenses (clause 1 clause 2 of article 253, clause 3 of clause 1 of article 254 of the Tax Code of the Russian Federation), and not depreciation (clause 3 of clause 2 of article 253 of the Tax Code of the Russian Federation).
In this case, two different types of expenses arise in accounting and tax accounting, each of which appears in accounting as an independent type of expense in only one accounting, and is not taken into account in the other accounting, which indicates the occurrence of permanent differences in this case.
Based on clause 7 of PBU 18/02, a constant (asset) is the amount of tax that leads to an increase (decrease) in tax payments for income tax in the reporting period. A permanent tax liability (asset) is formed in the reporting period in which the permanent difference arises.
A permanent tax liability is defined as the product of a permanent difference that arose in the reporting period and the income tax rate approved by the legislation of the Russian Federation as of the reporting date.
Thus, the permanent tax liability consists of expenses in the form of depreciation, which are reflected in accounting, but are not taken into account in taxation. Moreover, material expenses included in the income tax base, but not reflected in accounting, will form a permanent tax asset.
In accordance with PBU 18/02, the company considers the conditional income tax expense (income) equal to the product of the accounting profit generated in the reporting period by the profit tax rate (clause 20 of PBU 18/02).
Current income tax is defined as a conditional income tax expense (income), adjusted for the amount of a permanent tax liability (asset), an increase or decrease in a deferred tax asset and a deferred tax liability for the reporting period (clause 21 of PBU 18/02).
Conditional income tax expense (income) is the amount of income tax determined according to accounting data, adjusted for permanent and temporary differences, which is the current income tax. Based on PBU 18/02, the conditional income tax expense (income) will be equal to the amount of income tax calculated according to tax accounting data.
The simultaneous reflection of permanent tax assets and permanent tax liabilities in the same amounts (provided that there are no other differences between accounting and tax accounting) will lead to the fact that the income tax, calculated in accounting, income tax, calculated in tax accounting, will be equal.
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Conservation of fixed assets is the cessation of operation of an object for any period of time with the possibility of its resumption. Conservation is a set of measures designed to ensure the safety and serviceability of a fixed asset during its downtime.
At the same time, the organization can transfer an idle OS to conservation, but is not obliged.
Let's consider accounting and tax accounting of operations for conservation of fixed assets.
Decor
Proper documentation of conservation is a prerequisite for recognizing the costs of its implementation when calculating corporate income tax.The decision on conservation is formalized by order of the head of the organization.
In this order, it is necessary to indicate the conservation period and list the measures that need to be taken to transfer the OS to conservation (clause 63 of the Guidelines for accounting for OS).
After these activities have been carried out, an act on transferring the OS to conservation should be drawn up.
There is no unified form of the act on the transfer of fixed assets for conservation, so it is drawn up in any form.
The act is signed by the members of the commission and approved by the head of the organization. The act reflects the economic feasibility of mothballing a fixed asset object.
The act must indicate:
- OS transferred to conservation;
- date of transfer of the OS for conservation;
- activities that were carried out to transfer the OS to conservation;
- the costs of carrying out these activities.
- take into account conservation costs in expenses;
- suspend the accrual of depreciation on fixed assets transferred to conservation for more than three months.
Accounting
After the manager signs the order and approves the act of transferring fixed assets to conservation, the fixed assets are transferred to conservation.At the same time, in accounting, the object transferred for conservation continues to be included in the OS.
Fixed assets under conservation, along with fixed assets in operation, should be accounted for separately on account 01 “Fixed Assets”.
Therefore, in the organization’s chart of accounts, it is necessary to provide for account 01 “Fixed Assets” a subaccount “Fixed Assets for Conservation”.
Depreciation of fixed assets during the conservation period
For assets mothballed for three months or less, depreciation during the mothballing period is accrued in the usual manner.Depreciation refers to expenses for ordinary activities, regardless of the results of the organization’s activities in the reporting period and is reflected in the accounting records of the reporting period in which it is accrued (clause 5, paragraph 5, clause 8, clause 16 of the Accounting Regulations "Expenses organization" PBU 10/99, approved by Order of the Ministry of Finance of Russia dated May 6, 1999 N 33n, clause 24 PBU 6/01).
For OS preserved for a period of more than three months (clause 23 of PBU 6/01, clause 63 of the Methodological Instructions dated October 13, 2003 N 91n):
From the first day of the month following the month of transfer to conservation, the accrual of depreciation stops;
It is worth noting that in accounting, the time period during which the property is mothballed (even if it exceeds a three-month period) will not affect its useful life.
But according to accounting laws, depreciation can be calculated even after the end of the useful life of fixed assets (clause 22 of PBU 6/01).
It follows from this that after the reactivation of objects, depreciation can be continued in the same manner until their cost is fully repaid.
Thus, from the first day of the month following the month in which the asset was re-mothballed, depreciation is resumed in the same amount as before mothballing.
Expenses for maintaining a fixed asset during the conservation period
Expenses for the maintenance of a fixed asset (FPE) during the conservation period do not increase its initial cost (clause 14 of 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).These expenses relate to the period when this fixed asset is not involved in production activities.
Consequently, the costs associated with its maintenance are not taken into account when determining the cost of production.
These expenses are recognized as other expenses and are reflected in accounting in the month of their implementation (clauses 4, 11 of the Accounting Regulations “Expenses of the Organization” PBU 10/99, approved by Order of the Ministry of Finance of Russia dated 05/06/1999 N 33n) in the debit of account 91 " Other income and expenses", subaccount 91-2 "Other expenses" (Instructions for the application of the Chart of Accounts for accounting financial and economic activities of organizations, approved by Order of the Ministry of Finance of Russia dated October 31, 2000 N 94n).
Postings for conservation of fixed assets will be as follows:
Wiring | Operation |
| Dt 01 "Fixed assets" subaccount "Fixed assets for conservation" - Kt 01 "Fixed assets" subaccount "Fixed assets in operation" | OS has been put into storage |
| Dt 91/2 - Kt 10 (60, 70, 69) | Costs for preservation are reflected (maintenance of preserved OS) |
| Dt 01 "Fixed assets" subaccount "Fixed assets in operation" - Kt 01 "Fixed assets" subaccount "Fixed assets for conservation" | OS unmothballed |
VAT
If the OS is used in activities subject to VAT:- “input” VAT on goods (work, services) purchased for conservation of fixed assets is accepted for deduction (clause 1 of Article 172 of the Tax Code of the Russian Federation);
- the “input” VAT previously accepted for deduction on fixed assets transferred to conservation is not restored (Letter of the Federal Tax Service dated June 20, 2006 N ШТ-6-03/614@).
Property tax
During the conservation period, the cost of fixed assets is not excluded from the property tax base (regardless of how the tax is calculated - based on the cadastral or book value) (clause 1 of Article 374, clauses 1, 2 of Article 375 of the Tax Code of the Russian Federation) .There is one exception: if the law of a constituent entity of the Russian Federation provides for tax exemption for mothballed fixed assets and the organization fulfills the conditions for providing this benefit.
Income tax
Non-operating expenses take into account costs (clause 9, clause 1, article 265 of the Tax Code of the Russian Federation, clause 2 of the Letter of the Ministry of Finance dated September 15, 2010 N 03-03-06/1/590):- for conservation - on the date of approval by the head of the organization of the conservation act;
- for the maintenance of mothballed fixed assets (including repairs and security) - on the last day of the month in which these costs were incurred;
- for re-preservation - on the date of approval by the head of the organization of the act on re-preservation of the OS.
If an asset for which a depreciation bonus was applied is being preserved, then there is no need to restore it when transferring it to preservation.
When mothballing an asset before it is put into operation or in the same month in which it is put into operation, depreciation can be calculated and a depreciation bonus applied only after re-mothballing (Letters of the Ministry of Finance dated December 22, 2014 N 03-03-06/1/66272, dated 03/07/2014 N 03-03-06/1/10085).
For assets mothballed for three months or less, depreciation during the mothballing period is accrued in the usual manner.
For OS preserved for a period of more than three months (clause 2 of Article 322 of the Tax Code of the Russian Federation):
- on the first day of the month following the month of transfer to conservation, depreciation accrual stops;
- from the first day of the month following the month in which the fixed assets are re-mothballed, depreciation accrual is resumed in the same amount as before mothballing.
Tax paid in connection with the application of the simplified tax system
The costs of conservation, re-preservation, as well as the maintenance of mothballed OS are not taken into account in tax expenses.If an asset is transferred for conservation for a period of more than three months, the cost of which has not yet been fully taken into account in expenses, then the inclusion in expenses of the costs of acquiring this asset is suspended for the period of preservation (Letters of the Federal Tax Service dated December 14, 2006 N 02-6-10/233@, Federal Tax Service in Moscow dated January 18, 2007 N 18-03/3/03903@).
Example
The organization purchased production equipment under a purchase and sale agreement and put it into operation in May 2016.
The contractual cost of the equipment is RUB 944,000. (including VAT RUB 144,000).
The purchased equipment belongs to the third depreciation group.
The useful life established by the organization for accounting and tax accounting purposes is 38 months (based on 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).
Due to a temporary decrease in orders at the end of May 2016, the OS object was transferred, by decision of the manager, to mothballing for more than three months from 06/01/2016 to 09/30/2016.
Depreciation for accounting and tax purposes is calculated using the straight-line method.
Income and expenses are determined using the accrual method.
Then, based on the established useful life (38 months), the monthly amount of depreciation charges will be 21,052.63 rubles. (RUB 800,000 / 38 months).
The accrual of depreciation charges for an asset begins on the first day of the month following the month in which the asset was accepted for accounting, in this case, from June.
At the same time, the accrual of depreciation charges when transferring an asset by decision of the head of the organization to conservation for a period of more than three months is suspended.
In this case, by decision of the manager, the facility was mothballed from 06/01/2016 to 09/30/2016.
Consequently, depreciation for the period June - September 2016 is not accrued.
Starting from October 2016, depreciation on fixed assets is accrued in accordance with the generally established procedure.
In accounting, the conservation operation of an asset should be reflected with the following entries:
Debit | Credit | Amount, rub. | Primary document |
|
In May 2016 |
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Invoice |
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Invoice |
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In June 2016 |
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| 01 "Fixed assets in operation" | Conservation Act, |
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Upon completion of conservation |
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The initial cost of the equipment is reflected as part of the OS in operation | 01 "Fixed assets in operation" | 01 "Fixed assets for conservation" | Inventory card for recording a fixed asset item |
|
Starting October 2016 for 38 months |
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Accounting certificate-calculation |
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Sale of a mothballed fixed asset
When selling depreciable property, the taxpayer has the right to reduce the income received by its residual value (clause 1, clause 1, article 268 of the Tax Code).And when selling other property, by virtue of the provisions of paragraphs. 2 p. 1 art. 268 of the Code, the organization reduces the income received by the price of acquisition (creation) of this property, as well as by the amount of expenses associated with their acquisition.
Since an object transferred to conservation for a period of more than three months is excluded from depreciable property, it follows from the literal interpretation of these norms that it belongs to other property.
Therefore, income from its sale can be reduced by the price of its acquisition and other costs associated with its purchase.
However, representatives of the Federal Tax Service pointed out the fallacy of this approach.
They explained their position as follows:
In this case, expenses (or part thereof) for the purchase of fixed assets will be taken into account as expenses twice (through the depreciation mechanism and when selling the fixed assets).
Let us remind you that this norm stipulates that the amounts reflected in the taxpayer’s expenses are not subject to re-inclusion in the taxpayer’s expenses. Accordingly, according to representatives of the Federal Tax Service, when selling a “mothballed” OS, the provisions of paragraphs. 2 p. 1 art. 268 of the Code do not apply.
Operations for the sale of fixed assets that are under conservation are reflected on lines 010 - 060 of Appendix 3 to sheet 02 of the income tax return.
In the letter, the tax service also provides examples from arbitration practice to support its position.
These are the decisions of the Eleventh Arbitration Court of Appeal dated December 9, 2009 in case No. A55-9340/2009, FAS SZO dated June 25, 2007 in case No. A56-51992/2005, FAS PO dated March 30, 2005 No. A12-21856/04-S29, in which judges indicate the illegality of the taxpayer’s application of the provisions of paragraphs. 2 p. 1 art. 268 of the Tax Code of the Russian Federation when selling fixed assets that are under conservation.
In other words, in such situations, income from the sale of a “mothballed” object is reduced by its residual value, which is defined as the difference between the initial cost of the fixed assets and the amount of depreciation accrued over the period of operation.
Example
The organization acquired and put into operation a fixed asset in February 2012. Its initial cost was 1,600,000 rubles.
The fixed asset was assigned to the fourth depreciation group with a useful life of 80 months (from March 2012 to October 2018 inclusive).
The organization uses the straight-line depreciation method.
The monthly depreciation rate is 1.25% (1/80 month).
The monthly depreciation amount is 20,000 rubles. (RUB 1,600,000 x 1.25%).
In April 2016, a decision was made to transfer this fixed asset to conservation for a period of eight months (from April 5 to December 5 inclusive).
In August 2016, the mothballed object was sold at a price of RUB 826,000. (including VAT - 126,000 rubles).
For tax purposes, income from sales amounted to 700,000 rubles. (826,000 - 126,000).
When selling a mothballed asset, the organization has the right to reduce the income from its sale by the residual value of this object.
Before conservation, depreciation on fixed assets was accrued over 50 months. (from March 2012 to April 2016 inclusive).
A total of 1,000,000 rubles were accrued. (RUB 20,000 x 50 months).
The residual value is 600,000 rubles. (1,600,000 - 1,000,000).
The profit from the sale of property will be 100,000 rubles. (700,000 - 600,000).
In accounting, the transaction for the sale of a mothballed object must be reflected as follows:
Debit | Credit | Amount, rub. | Primary document |
|
In February2012 |
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Costs for purchasing equipment are reflected | Contract of sale, Supplier shipping documents |
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VAT presented by the equipment supplier is reflected | Invoice |
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Accepted for deduction of VAT presented by the equipment supplier | Invoice |
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Purchased equipment is reflected as part of fixed assets | 01 "Fixed assets in operation" | Equipment acceptance certificate |
||
Payment for equipment has been transferred to the supplier | Bank account statement |
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Since March2012 to April 2016 inclusive |
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Accrued depreciation on equipment | Accounting certificate-calculation |
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On the date of transfer of equipment for conservation |
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The initial cost of equipment transferred to conservation is reflected | 01 "Fixed assets for conservation" | 01 "Fixed assets in operation" | The manager’s order to transfer the equipment to conservation, Conservation Act |
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In August 2016 |
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Other income from the sale of equipment is recognized | Equipment purchase and sale agreement, Certificate of acceptance and transfer of fixed assets |
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The initial cost of the retired equipment is reflected | 01 "Fixed assets for conservation" | Certificate of acceptance and transfer of fixed assets |
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The amount of accrued depreciation on retired equipment is reflected | 01 "Disposal of fixed assets" | Certificate of acceptance and transfer of fixed assets, Accounting certificate-calculation |
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The residual value of the equipment is written off | 01 "Disposal of fixed assets" | Certificate of acceptance and transfer of fixed assets |
||
VAT charged to the buyer of the equipment | Invoice |
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Indicators | Line code | Amount in rubles |
Sale of a mothballed fixed asset item at a loss
If the property is sold at a loss, the following features are taken into account.According to paragraph 2 of Art. 268 of the Tax Code of the Russian Federation, if the purchase price of a product, taking into account the costs associated with its sale, exceeds the proceeds from its sale, the difference between these values is recognized as a taxpayer’s loss, taken into account for tax purposes.
Paragraph 3 of this article provides that if the residual value of depreciable property, taking into account the costs associated with its sale, exceeds the proceeds from its sale, the difference between these values is a taxpayer’s loss, taken into account for tax purposes in the following order:
The resulting loss is included in the taxpayer's other expenses in equal shares over a period defined as the difference between the useful life of this property and the actual period of its operation until the moment of sale.
And only if the remaining SPI is equal to zero or a negative number, then the amount of the resulting loss is recognized by the organization as part of other expenses in full in the month in which the sale occurred (see Letters of the Ministry of Finance dated July 12, 2011 N 03-03-06/ 1/417, dated May 12, 2005 N 03-03-01-04/1/253, etc.).
When selling fixed assets, the taxpayer has the right to reduce income from the said operation by the residual value of these objects.
How to calculate a loss if the property was mothballed
According to paragraph 3 of Art. 256 of the Tax Code of the Russian Federation, fixed assets transferred by decision of the organization’s management for conservation for a period of more than three months are excluded from depreciable property for the purpose of calculating income tax.When an object of fixed assets is re-mothballed, depreciation is accrued on it in the manner in force before its mothballing, and the useful life is extended for the period that the object is mothballed.
If a taxpayer sells at a loss a fixed asset that, for one reason or another, has been mothballed for more than three months, then when determining the actual service life of this object (on the basis of which the period for writing off the loss is calculated), the mothballing period is not taken into account.
Application of PBU 18/02
As a result of the sale of an fixed asset, an organization forms a deductible temporary difference (DTD) due to the different order of recognition in accounting and tax accounting of a loss from the sale of fixed assets (the loss is recognized at a time in accounting and evenly over a period defined as the difference between its useful life and the actual period of its operation until the moment of sale in tax accounting).This IVR corresponds to a deferred tax asset (DTA) (clauses 11, 14 of the Accounting Regulations “Accounting for calculations of corporate income tax” PBU 18/02, approved by Order of the Ministry of Finance of Russia dated November 19, 2002 N 114n).
During the period defined as the difference between its useful life and the actual life of its operation until the moment of sale of months (as the loss from the sale of an fixed asset is recognized in tax accounting), the named IVR and ONA are reduced (repaid) (clause 17 of PBU 18/02 ).
Example
Let’s use the data from the above example with the only difference that the fixed asset, which was being preserved, was sold at a price of 531,000 rubles. (including VAT - 81,000 rubles).
For tax purposes, income from sales amounted to 450,000 rubles. (531,000 - 81,000).
When selling a mothballed fixed asset, the organization has the right to reduce the income from this operation by the residual value of this object.
The loss from the sale of property is 150,000 rubles. (450,000 - 600,000).
From the moment equipment depreciation began (March 2012) to the month of its sale (August 2016), 54 months passed.
The period during which the property was conserved (4 months) is excluded from this period.
In fact, the equipment was used for 50 months (54 - 4).
Therefore, in accordance with paragraph 3 of Art. 268 of the Tax Code of the Russian Federation, the taxpayer will reflect the loss in other expenses for 30 months (80 - 50).
The amount of loss recognized in tax accounting monthly will be 5,000 rubles. (RUB 150,000 / 30 months).
The amount of this loss will be included in other expenses starting from September 2016.
In accounting, the operation of accrual and repayment of IT must be reflected as follows:
Debit 09 Credit 68 “Calculations for corporate income tax” - 30,000 rubles. - ONA accrued (RUB 150,000 x 20%);
Within 30 months:
Debit 68 “Calculations for corporate income tax” Credit 09 - 1,000 rubles. - reduced (repaid) SHE (30,000 rubles / 30 months).
Corporate income tax return
The corporate income tax return must indicate the following information:- about the loss incurred upon the sale of depreciable property;
- about the amount that is included in expenses for profit tax purposes in a specific reporting (tax) period.
Let's use the data from example 2. The reporting periods of the organization are the first quarter, half a year, nine months.
Indicators | Line code | Amount in rubles |
| Number of objects for sale of depreciable property - total | ||
| Including objects sold at a loss | ||
| Proceeds from the sale of depreciable property | ||
| Residual value of sold depreciable property and expenses associated with its sale | ||
| Profit from the sale of depreciable property (excluding objects sold at a loss) | ||
| Losses from the sale of depreciable property excluding objects sold at a profit) |
Let us show which lines of which applications contain data on the sale of a fixed asset at a loss:
Appendix 3 to sheet 02 | Appendix 3 to sheet 02 | Appendix 1 to sheet 02 | Appendix 2 to sheet 02 | Sheet 02 |
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Index | Line code | Amount, rub. | Line code | Line code | Line code | Line code | Line code | Line code |
| Proceeds from the sale of depreciable property | ||||||||
| Residual value of sold depreciable property and expenses associated with its sale | ||||||||
| Losses from the sale of depreciable property | ||||||||
In Appendix 3 to Sheet 02, the indicators of lines 030 (revenue from the sale of fixed assets), 040 (residual value) and 060 (loss from sales) are entered in lines 340, 350 and 360 of Appendix 3, respectively.
In turn, the indicators of these lines are used when filling out sheet 02, as well as appendices 1 and 2 to it.
Thus, line indicator 340 is indicated in line 030 of Appendix 1, line indicator 350 is indicated in line 080 of Appendix 2, and line indicator 360 is indicated in line 050 of Sheet 02.
At the same time, revenue from the sale of fixed assets fell into line 010 of sheet 02, and expenses - into line 030 of sheet 02.
To ensure that the loss received from the sale of depreciable property is not taken into account at a time for profit tax purposes, in sheet 02 of the declaration the loss is reflected in a separate line 050, which is included with the “+” sign when calculating profit on line 060.
For clarity, let’s assume that the organization had no other operations besides this operation.
Sheet 02 will look like this:
The amount of loss included monthly in other expenses taken into account for profit tax purposes is indicated on line 100 of Appendix 2 of Sheet 02.
In the declaration for nine months, this amount is equal to 5,000 rubles. (for September), in the annual declaration - 20,000 rubles. (5,000 rubles each in September - December).