Leasing under the simplified tax system Income and under the simplified tax system Income and expenses

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

What is leasing?

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

Lessor is a legal or natural person who acquires property and then leases it to the lessee.
A lessee is a legal or natural person who accepts property for temporary possession and use, and for this regularly pays money to the lessor.
Seller is a legal or natural person who sells property to the lessor. The seller can become a lessee himself: sell his own property and immediately lease it. This is called leaseback, which is used when there is a lack of working capital of the company and is reminiscent of issuing a secured loan. Leaseback costs are usually less than loan payments, and it also helps you save on taxes and depreciation.

Property, or leased item , is any thing that does not lose its properties during careful use. For example, plants and factories, buildings, equipment, transport. The subject of leasing cannot be land plots and other natural objects.

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

Advance payment under a leasing agreement

Payment under leasing transactions is used by the lender to ensure the fulfillment of all obligations by the lessee.

The amount of the down payment varies from 5 to 50%, depending on the requirements set by the leasing company.

The advance payment is made by the borrower immediately after execution of the contract. The down payment can be paid in one lump sum or in installments, as previously agreed upon by the parties involved. In the case of gradual payment, a schedule for offset of such payments is drawn up, which is displayed in the agreement itself or is provided in a separate application.

The advance payment can be credited in several ways:

The full agreed amount when paying the first installment of the lease payment.
One-time in the process of making the last part of the payment under the leasing agreement.
In equal parts during the validity period of the transaction itself.

If the down payment is made in one payment, then the lender immediately after receiving it pays the full cost of the property to the seller. Next, the necessary documents are completed, after which the subject of the transaction is placed at the disposal of the borrower.

What laws govern leasing?

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

In the leasing agreement, take into account the following essential conditions:

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

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

Reflection of expenses

Under a financial lease agreement, the lessor is obliged to acquire ownership of the objects specified by the lessee from a seller identified by him and provide the lessee with the property for a fee for temporary possession and use.

Such rules follow from Article 665 of the Civil Code of the Russian Federation and Article 2 of the Federal Law “On Financial Lease (Leasing)”. In this case, the subject of leasing can be any non-consumable things, including organizations and other property complexes, buildings, structures, equipment, vehicles and other movable and immovable property. When purchasing a car, the following types of expenses may arise: expenses associated with notarization of powers of attorney and other documents; costs of paying state duty when registering a vehicle; advances under a leasing agreement; monthly leasing payments, as well as deposits when purchasing a car. Expenses that reduce the tax base must be economically justified (clause 1 of Article 252 of the Tax Code of the Russian Federation), that is, related to the activities of the organization and documented. Costs in the form of lease payments can be taken into account for tax purposes. However, the date of their recognition will be different. So, if a company uses the cash method, then regardless of whose balance sheet the object is accounted for, the entire amount of lease payments is included in other expenses as they are paid (subclause 10, clause 1, article 264 of the Tax Code of the Russian Federation). If the organization uses the accrual method, then, according to subparagraph 3 of paragraph 7 of Article 272 of the Tax Code of the Russian Federation, the date of expenses in the form of lease payments is the date of settlement in accordance with the terms of the concluded agreements.

What are the economic benefits of leasing?

When a company leases property rather than purchasing it, it retains working capital. Leasing also reduces the tax burden. Payments under a leasing agreement are expenses and reduce the taxable base for income tax. A company with leasing property on its balance sheet can reduce the base for calculating property tax, thanks to accelerated depreciation (with a factor of 3). Additional benefits with VAT and redistribution of payment deadlines are possible; for this you need to carefully plan financial transactions.

Features of leasing when simplified “Income” and “Income-expenses”

The simplified tax system of 6% involves only accounting for income. When you receive an asset, no income is generated, and you do not keep track of expenses. This means you cannot write off payments under a leasing agreement as expenses. If you intend to lease assets, then it is better to use the simplified “Income minus expenses”.

If the simplified tax system is 15%, take into account leasing payments in expenses at the time of payment. Make sure that payments under the leasing agreement are not advance payments, as they cannot be written off as expenses. Advances arise in two cases:

the leasing agreement stipulates that payments are made to pay off the redemption price;
you make current payments earlier than the deadline specified in the agreement.

Write off advance payments as expenses when ownership of the asset is transferred to you.

Important! If the transferred asset is on your balance sheet, keep track of the residual value of your fixed assets - 150 million rubles. If you exceed the limit, you will lose the right to use the simplified tax system.

Property on the recipient's balance sheet

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

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

In tax accounting, the initial cost of property acquired under a leasing agreement is determined in a different way: only the lessor’s expenses for the acquisition of this property are taken into account (clause 1 of Article 257 of the Tax Code of the Russian Federation). This means that you cannot do without the lessor’s documents confirming this value.

The received property is reflected in the debit of account 08 “Investments in non-current assets” in the subaccount “Purchase of individual fixed assets under a leasing agreement”. Credit - account 76 “Settlements with various debtors and creditors” on the subaccount “Rental obligations”.

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

Dt account 08 “Investments in non-current assets”, Kt account 76 “Settlements with various debtors and creditors” (sub-account “Rental obligations”) – the receipt of property under a leasing agreement is reflected (excluding VAT).
Dt account 19 “VAT on acquired assets”, Kt account 76 “Settlements with various debtors and creditors” (sub-account “Rental obligations”) - VAT under the leasing agreement.
Dt account 08 “Investments in non-current assets”, Kt account accounting for settlements (60, 76, etc.) - reflects costs directly related to leased property (excluding VAT).
Dt account 01 “Fixed assets” (subaccount “Leased property”), Kt account 08 “Investments in non-current assets” - leased property was put into operation and transferred to fixed assets.

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

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

Reflect the leasing payment itself by writing off from Credit 51 “Current accounts” for repayment under the leasing agreement to the lessor in the debit of account 76, subaccount “Debt on leasing payments”.

Dt account 76 “Settlements with various debtors and creditors” (sub-account “Rental obligations”). Kt account 76 “Settlements with various debtors and creditors” (sub-account “debt on leasing payments”) - the debt for property received under a leasing agreement has been reduced by the amount of the monthly payment according to the leasing payment schedule (including VAT).
Dt account 68.2 “Value added tax”. Account CT 19 “VAT on purchased valuables” - accepted for deduction of VAT from the monthly lease payment.
Dt account 76 “Settlements with various debtors and creditors” (sub-account “debt on leasing payments”). Account CT 51 “Current accounts” - the monthly payment under the leasing agreement has been paid in accordance with the leasing payment schedule (including VAT).

Depreciation is charged on leased property based on its cost and normal depreciation rates or accelerated depreciation rates. Accelerated depreciation can only be used within the framework of tax accounting and involves the use of an additional coefficient when calculating depreciation. The coefficient can be no higher than 3.

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

Depreciation amounts are debited from the accounts of production costs or sales expenses and credited to account 02 “Depreciation of fixed assets” in the subaccount “Depreciation of leased property”.

Dt expense account (20, 25, 26, 44, etc.) Kt account 02 “Depreciation of fixed assets” (sub-account “Depreciation of leased property”) - depreciation has been calculated for the month.

Redemption of property. Upon completion of the leasing agreement, the lessee can purchase the property at the redemption price specified in the agreement. When calculating depreciation, use the remaining useful life of the purchased property. An internal entry is made on accounts 01 “Fixed Assets” and 02 “Depreciation of Fixed Assets”, the data is transferred from subaccounts for leased property to the subaccount of own fixed assets.

Dt account 01 “Fixed assets”, Kt account 01 “Fixed assets” (sub-account “Leased property”) - internal posting when transferring ownership of the leased property to the lessee.
Account DT 02 “Depreciation of fixed assets” (subaccount “Depreciation of leased property”) Account DT 02 “Depreciation of fixed assets” - internal posting when transferring ownership of leased property to the lessee.

Depreciation in leasing

Although equipment purchased on lease is not the property of the organization, it still must be registered and depreciated accordingly. Depreciation is calculated using the document “Depreciation and depreciation of fixed assets” in the fixed assets and intangible assets menu. You can also calculate it automatically if you use the “Month Closing” assistant.

Fig. 15 Closing the month

In conclusion, it is important to pay attention to the fact that for leasing transactions there is a difference between accounting and tax accounting, since in the latter leasing expenses are taken into account minus tax depreciation. The 1C 8.3 program will automatically calculate depreciation and leasing expenses, and also reflect the difference between accounting and tax accounting. To do this, in 1C 8.3 it is necessary to correctly draw up the accounting policy of the enterprise.

If, in addition to leasing accounting, you regularly have questions about working with 1C programs, contact our specialists. We will be happy to advise you and also select the optimal tariffs for 1C subscription services, focusing on your individual tasks.

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

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

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

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

The lessee charges depreciation on the property—the fixed asset—every month. With the linear calculation method, the annual amount of depreciation depends on the original cost of the property and the depreciation rate depending on the useful life of the property. In our case, the useful life may be equal to the term of the leasing agreement - 36 months.

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

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

The calculation of depreciation begins on the 1st day of the month after the property is put into operation and stops on the 1st day of the month after the complete write-off of the value of the property or disposal of the depreciable property for any reason.

Tax accounting of the leasing agreement with the lessee

The document regulating the process of reflecting business transactions related to the fulfillment of the terms of the leasing agreement in tax accounting is Chapter 25 of the Tax Code of the Russian Federation.

When maintaining tax accounting, the lessee should not rely on such regulatory documents as the Instructions approved by Order of the Ministry of Finance of the Russian Federation dated February 17, 1997 No. 15 and PBU 6/01, since in relation to a leasing agreement, accounting and tax accounting are not the same. This is due to the different approach to the term “expenses”. Consequently, the procedure for recording leasing transactions in accounting does not affect the recognition of income and expenses for tax accounting purposes.

Establishment of the initial cost (hereinafter referred to as PV) of leased property in the tax accounting of the lessee.
Special methods for forming property assets for determining income tax can be found in paragraph 1 of Art. 257 Tax Code of the Russian Federation.
According to the provisions of this document, the cost of the leased asset is defined as the total costs of the lessor associated with its acquisition (construction), transportation, creation and bringing into operational readiness. This value does not include tax payments that will be deducted or included in expenses according to tax legislation.
This is equally true in the case when the balance holder is the lessor and in the case when the lessee. The lessee, in order to be able to reflect finance lease transactions in tax accounting, must request information from the lessor about the property rights of the leased object. Important: the leasing value of the object, that is, the total amount of leasing payments under the contract, which is in the accounting of the leased asset, cannot be used in tax accounting.
Algorithm for establishing depreciation on leased property.
According to the first paragraph of Art. 256 of the Tax Code of the Russian Federation, in order for property to be classified as depreciable, the taxpayer must be its legal owner. However, leased property listed on the balance sheet of the lessee is an exception to this rule.
The property that was received (transferred) under a finance lease agreement is included in the corresponding depreciation group by the party that, according to the terms of the finance lease agreement, must account for this property. The document regulating this moment is clause 7 of Art. 258 of the Tax Code of the Russian Federation.
The depreciation group to which the leased property will be assigned is determined according to the Classification of fixed assets included in depreciation groups, approved by Decree of the Government of the Russian Federation No. 1 of January 1, 2002.
Tax legislation, including Article 259 of the Tax Code of the Russian Federation, provides for the application of special coefficients to depreciation rates of leased property. The algorithm for applying the coefficients must be specified in local documentation reflecting the tax accounting policy src=»https://kbdp.ru/upload/medialibrary/83c/83cd70aac92cc7fc5ee4ed65ea38497b.jpg» class=»aligncenter» width=»700″ height=»466″ [/img]
The Federal Tax Service explained that the taxpayer has the right to use either the coefficients established by the leasing agreement or increasing coefficients in accordance with the operating conditions of the leased object in the case when the leased object is used in conditions of increased shifts or an aggressive environment.
This position on the use of coefficients in relation to leased property is based on the requirements of the specified norm for applying coefficients for leasing and operating conditions exclusively to the basic depreciation rate. The regulatory document is clause 5.3 of the Methodological Recommendations for the Application of Chapter 25 of the Tax Code of the Russian Federation.
Based on clause 9 of Art. 259 of the Tax Code of the Russian Federation, the basic depreciation rate is applied with a special coefficient of 0.5 to passenger cars costing more than 300 thousand rubles. and passenger minibuses, the initial cost of which is above 400 thousand rubles. Companies that have received (transferred) such vehicles on lease classify them into the appropriate depreciation group and apply the basic depreciation rate with a special coefficient of 0.5. In this case, the coefficient that the taxpayer uses for such property is taken into account.

Let's look at the wiring

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

The debt at the redemption value to the lessor is reflected 0 = 225,000 rubles. Dt 76 “Rental obligations” Kt 76 subaccount “Debt for the redemption of property” - 225,500 rubles.

VAT payable under the leasing agreement is reflected - 216,000 rubles. Dt 19 “VAT on acquired property” Kt 76 subaccount “Rental obligations” - 216,000 rubles, primary document - leasing agreement.

The leased asset is accepted for accounting as part of fixed assets. Dt 01-2 “Leased property”, Kt 08 “Investments in non-current assets” 1,200,000 rubles, primary documents - act of acceptance and transfer of fixed assets, inventory card for accounting of fixed assets.

Next, you need to perform the following operations monthly during the validity of the leasing agreement.

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

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

Accepted for deduction of VAT from the amount of the monthly leasing payment - 4,500 rubles. Dt 68/VAT , Kt 19/VAT , primary document - invoice.

Depreciation accrued - 33,333.33 rubles. Dt 20 “Main production”, Kt 02 “Depreciation of fixed assets”, the primary document is an accounting statement and calculation.

Redemption of the leased asset. Dt 76-6 “Debt for the redemption of property”, Kt 51 “Current account” - 265,500 rubles, primary document - bank statement for the current account.

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

We transfer the car from rented funds to our own. Dt 01-1 “Own fixed assets”, Kt 01-2 “Leased property” - RUB 1,200,000.

Leasing car: here today, gone tomorrow

If an accident (accident or theft) occurs with a car purchased under a leasing agreement, the consequences will affect both the lessor and the lessee. Tax and accounting of transactions related to the occurrence of an insured event will depend on many factors. We will tell you about them.

Leasing has its own characteristics Leasing is a special type of lease. The legal basis of leasing (the so-called financial lease) is devoted to a separate paragraph of Chapter 34 “Lease” of the Civil Code of the Russian Federation, as well as the Federal Law of October 29, 1998 No. 164-FZ “On financial lease (leasing)” (hereinafter referred to as Law No. 164-FZ).

The Civil Code defines a leasing agreement as a set of economic and legal relations arising from the lessor in connection with the acquisition of property and provision of it to the lessee for temporary possession and use for a fee.

An important feature of leasing operations is the fact that the leased asset, transferred for temporary possession and use to the lessee, is the property of the lessor during the entire period of validity of the leasing agreement (Article 11 of Law No. 164-FZ). At the same time, the right to own and use the leased asset passes to the lessee in full from the moment of its receipt, unless otherwise provided by the leasing agreement. At the same time, the risk of accidental loss or accidental damage to the leased property passes to him, unless otherwise provided by the financial lease agreement (Article 669 of the Civil Code of the Russian Federation). According to paragraph 1 of Art. 22 of Law No. 164-FZ, from the moment of actual acceptance of the leased asset, the lessee is responsible for the safety of the leased asset from all types of property damage, as well as for the risks associated with its destruction, loss, damage, theft, premature breakdown, error made during its installation or operation, and other property risks, unless otherwise provided by the leasing agreement.

Thus, under normal leasing conditions, a situation arises where the lessor is the legal owner of the property, while the lessee is its economic owner. Please note that the parties to the leasing agreement may establish a different procedure for risk distribution at their discretion.

By mutual agreement of the parties to the agreement, leased property can be taken into account on the balance sheet of the lessor or lessee (clause 1 of Article 11, clause 1 of Article 31 of Law No. 164-FZ). At the same time, regardless of whose balance sheet the leased property is recorded on, the lessor remains its owner.

We arrange car insurance. The leased item can be insured against the risks of loss (destruction), shortage or damage from the moment the property is delivered by the seller until the end of the lease agreement, unless otherwise provided by the agreement. The parties acting as the insured and beneficiary, as well as the period of insurance of the leased asset, are determined by leasing and insurance agreements (Article 21 of Law No. 164-FZ, Clause 1 of Article 930 of the Civil Code of the Russian Federation). If the lessor is the insured, then, as a rule, he then includes these expenses in the amount of leasing payments. Thus, in fact, the costs of insuring property risks are borne by the lessee in any case, regardless of who is the insured under the leasing agreement.

Of particular importance is the question of who is the beneficiary of the insurance contract. As follows from paragraph 1 of Art. 930 of the Civil Code of the Russian Federation, the leased asset can be insured under an insurance contract both in favor of the lessor and in favor of the lessee. The solution to this issue is directly related to who bears the risk of loss and damage to the leased property. As we said above, according to the general rule established by Art. 669 of the Civil Code of the Russian Federation, the risk of accidental loss or accidental damage to leased property passes to the lessee at the moment the property is transferred to him. Consequently, if the risk of loss and damage to the leased asset passes to the lessee, then insurance of the leased property must be carried out in his favor. At the same time, the burden of losses in case of loss of leased property falls on the lessor as its legal owner. Therefore, it is advisable to appoint the lessee as the beneficiary under the insurance contract in the event of damage to the leased property, and the lessor in the event of its loss.

When calculating income tax, property insurance costs are taken into account on the basis of Art. 263 Tax Code of the Russian Federation. This rule applies regardless of whose balance sheet the leased property is on (letter of the Ministry of Finance dated February 20, 2008 No. 03-03-06/1/119).

To obtain the right to operate a vehicle, an organization that has received a vehicle on financial lease (leasing) must insure motor vehicle liability. An organization has the right to take into account expenses under an MTPL agreement concluded in accordance with the legislation of the Russian Federation when calculating corporate income tax (clause 1 of Article 263, clause 6 of Article 272 of the Tax Code of the Russian Federation).

An insured event has occurred When accounting for transactions related to the occurrence of an insured event during the operation of a leased car, it matters who is the beneficiary under the insurance contract. As we noted above, in our opinion, the beneficiary when insuring leased property should be the person who bears losses or expenses in connection with the occurrence of an insured event. Failure to comply with this rule can lead to accounting and tax problems. Therefore, when concluding an insurance contract, you need to pay special attention to this point.

Insurance cases can be divided into two main categories:

resulting in damage to the leased property, when the leased item (car) is subject to restoration through repairs;
resulting in loss and (or) constructive destruction of the leased property, when the leased asset cannot be restored or its restoration is not economically feasible.

Let's consider the above options in more detail.

The car is subject to repair. In case of property damage, the costs of restoring the leased item are by default borne by the lessee, and he is not exempt from paying lease payments. At the same time, the lessee needs to cover its expenses through insurance compensation.

The lessee is also the beneficiary If the lessee acts as the beneficiary in the insurance contract, then he does not have any problems. The insurance compensation received is reflected in non-operating income (clause 3 of Article 250 of the Tax Code of the Russian Federation). The lessee takes into account the cost of repairs when calculating income tax as part of expenses (clause 2 of Article 260 of the Tax Code of the Russian Federation). The main thing is that such costs are economically justified, documented and, on the basis of the leasing agreement, the responsibility for repairing the leased asset rests with the lessee. Please note: if the amount of insurance compensation does not cover the cost of repairing a damaged car, the amount of overspending can also be taken into account when calculating income tax. Specialists from the Russian Ministry of Finance also agree with this approach (letter dated March 31, 2009 No. 03-03-06/2/70). VAT on the cost of repair work can be deducted. In accounting, this operation is reflected as follows: Debit 51 Credit 76 - insurance compensation received; Debit 76 Credit 91-1 - insurance compensation is reflected in non-operating income; Debit 26 (20, 44) Credit 60 - expenses for repairing a leased car are recognized; Debit 19 Credit 60 - VAT on the cost of repair work is taken into account; Debit 68 Credit 19 - accepted for VAT deduction. The lessor does not record this operation in any way.

The lessor is also the beneficiary. If the lessor is appointed as the beneficiary in the insurance contract for this insured event and he receives insurance compensation, then problems may arise. This is due to the fact that the actual costs associated with the insured event arise from one party (the lessee), and income in the form of insurance compensation - from the other party (the lessor).

In this case, the transfer of the received insurance compensation to the lessee entails a problem for the lessor related to income tax. Despite the fact that the insurance compensation will be transferred to the lessee, the lessor is obliged to reflect it when calculating income tax as part of income. After all, the amounts of insurance compensation received under insurance contracts are not included in income, which are not taken into account when determining the tax base for income tax on the basis of Art. 251 Tax Code of the Russian Federation. Therefore, in accordance with Art. 250 of the Tax Code of the Russian Federation, they must be taken into account as other non-operating income. The regulatory authorities adhere to a similar position (letters from the Ministry of Finance of Russia dated October 8, 2009 No. 03-03-06/1/656, dated October 16, 2009 No. 03-03-06/2/194, letter from the Federal Tax Service of Russia for Moscow dated January 15. 2007 No. 19-11/2462). At the same time, the lessor has no reason to include the insurance premium transferred to the lessee as expenses. In order to transfer the received insurance compensation to the lessee, sometimes leasing companies include language in leasing agreements that provides for the offset of the insurance compensation received by the lessor against the next lease payments. Such an offset also creates risks, since insurance compensation is an independent type of income and, according to accounting and tax accounting rules, must be reflected as part of the lessor’s other (non-operating) income in addition to accrued revenue from leasing payments. In turn, the release of the lessee from the obligation to pay lease payments in the offset amount can be qualified as debt forgiveness. In this case, the lessee will make the following entries in accounting: Debit 20 (26, 44) Credit 60 - lease payment accrued; Debit 19 Credit 60 - VAT included; Debit 60 Credit 91-1 - reflects the write-off of debt on lease payments in the amount of insurance compensation (in the order of offset), which is qualified as debt forgiveness; Debit 91-2 Credit 68-2 - VAT included. The tax accounting of the lessee must also reflect non-operating income in the amount of insurance compensation. As for the reflection of repair costs by the lessee in the situation under consideration, they can be taken into account when calculating income tax in the same manner as in the case when the lessee receives insurance compensation. And here is how this operation will be reflected in the accounting of the lessor if he is the beneficiary under the insurance contract: Debit 51 Credit 76 - insurance compensation received from the insurer; Debit 76 Credit 91-1 - non-operating income is reflected; Debit 62 Credit 90 - revenue accrued under the leasing agreement in amounts according to the leasing payment schedule; Debit 90 Credit 68 - VAT has been charged on the lease payment. Next, it is necessary to reflect the write-off of debt on lease payments in the amount of insurance compensation (in the order of offsetting the amount of insurance compensation against the payment of lease payments), which qualifies as debt forgiveness: Debit 91-2 Credit 62 - reflects an expense that will not be accepted for tax accounting purposes. Since the costs of car repairs are usually borne by the lessee, he takes them into account. Under the accrual method, non-operating income in the form of insurance compensation will be recognized on the date the insurance company makes a decision on compensation for damage (subclause 4, clause 4, Article 271 of the Tax Code of the Russian Federation), and under the cash method - on the day the funds are received in bank accounts or at the cash desk (clause 2 of article 273 of the Tax Code of the Russian Federation.

We say goodbye to the car. A leased vehicle may be lost as a result of theft, theft, or as a result of constructive loss, when it cannot be restored or its restoration is not economically feasible. In accordance with Art. 26 of Law No. 164-FZ, the loss of the leased asset or the loss of its functions by the leased asset due to the fault of the lessee does not relieve the lessee from obligations under the leasing agreement, unless otherwise provided by the leasing agreement. At the same time, since in the absence of the subject of the lease, the lease relationship is automatically terminated, the amounts paid by the lessee to the lessor after the loss of property in order to repay the losses of the lessor as the legal owner should be qualified not as lease payments, but as compensation for damage. If the leasing agreement does not initially define the relationship between the parties in the event of loss of the leased property, the parties, as a rule, sign an additional agreement on early termination of the contract and determine the conditions for compensation for losses.

In any case, if the leasing company loses the leased item, it is important to obtain either from the insurance company or from the lessee the total amount of funds that would cover the balance of the lessor's unreimbursed costs. The total amount of money received by the lessor under a specific leasing transaction before and after the loss of the leased object can be divided into the following components: - directly leasing payments for the use of the vehicle before its loss, which were accrued for this period. These payments for the use of a vehicle are recognized as revenue from sales, both in accounting and tax accounting; - amounts received as leasing payments, but not recognized at the time of loss as revenue for the use of the vehicle, in particular, the amount of unaccounted advance payment; — the amount of insurance compensation received from the insurance company; - amounts received additionally from the lessee, if the insurance compensation is not enough to cover the expenses incurred or if compensation was refused. The lessor has the right to recover losses not reimbursed by the insurance company (for example, due to the establishment of fault in the insured event by the insured) from the lessee (Article 669 of the Civil Code of the Russian Federation, paragraph 1 of Article 22 of Law No. 164-FZ and the resolution of the Federal Antimonopoly Service of the North-Western District dated December 3, 2007 No. A21-7140/2006).

The amount of insurance compensation and additional amounts to be received from the lessee to repay losses from loss are recognized in accounting as part of other income, and in tax accounting as part of non-operating income in the form of compensation for losses (clause 3 of Article 250 of the Tax Code of the Russian Federation).

As for the amount of the advance not previously credited, additional accrual of it as revenue for the use of property is not entirely correct, since the payment for use implies its attribution to the specific period for which it is made. Therefore, the part of the advance relating to the period after the loss of the vehicle would be logical to be offset against the amount of compensation for losses, which must be recorded in the agreement of the parties signed at the time of closing the transaction.

Correct qualification of the specified amounts in the additional agreement will avoid the risks of claims from tax authorities regarding the imposition of VAT on them. If sales proceeds are subject to VAT, then compensation for losses is not subject to VAT.

In practice, a situation is possible when the amount of insurance compensation received exceeds the amount missing to cover the lessor’s costs. In this case, the excess is usually returned to the lessee. The source of the refund should be the amount of the uncredited advance, but if there is no such amount and the refund is made from the funds received from the insurance compensation, then the lessor will have an expense that cannot be taken into account for income tax. Therefore, in order to avoid losses, it is advisable to stipulate in the agreement that the specified amount is returned to the lessee minus income tax.

If the vehicle was accounted for on the lessor’s balance sheet, then in the event of its loss, the inventory commission records the fact of a shortage, on the basis of which the vehicle is written off from the balance sheet. In the absence of the guilty parties, the loss from writing off the residual value of the leased asset as a result of loss is reflected in accounting as part of other expenses. For tax accounting purposes, losses from theft, natural disasters, fires, accidents and other emergencies can be taken into account as part of non-operating expenses on the basis of clause. 5 and 6 clauses 2 art. 265 Tax Code of the Russian Federation. However, the presence of a loss must be confirmed by documents of the relevant authorities and inventory acts. The lessee writes off the vehicle from off-balance sheet accounting also in accordance with the inventory report and transfers the debt on lease payments to the debit of account 76.

If those responsible for the loss of property are identified, then the shortfalls in the lessor’s balance sheet are attributed to the account of the guilty person, and the difference between the amount of the leasing agreement and the under-depreciated value of the disposed property is reflected in subaccount 4 “The difference between the amount to be recovered and the book value for shortfalls of valuables” to count 98.

If the leased asset was accounted for on the lessee’s balance sheet, then in the event of loss it is written off from the lessee’s balance sheet with the results of disposal reflected in account 94 “Shortages and losses from damage to valuables.” The amount of the shortfall must be debited to subaccount 2 “Settlements for claims” of account 76. In addition, the lessee must compensate for the difference between the amount of outstanding lease payments and the identified shortage recorded in the subaccount “Settlements for claims” to account 76 in accordance with the damage compensation schedule . The lessor writes off the vehicle from off-balance sheet accounting. In the event of theft (hijacking) of a vehicle, losses can be recognized as expenses only if there is documentary evidence of the absence of perpetrators. According to the clarifications of the Ministry of Finance of Russia (letters dated June 20, 2011 No. 03-03-06/1/365, dated August 27, 2010 No. 03-03-06/4/81), such a document may be a copy of the resolution to suspend the criminal case due to failure to establish the person to be brought as an accused. In this case, these losses are taken into account as expenses of the reporting (tax) period in which the suspension decision was made.

Another situation that causes many difficulties in accounting is the presence of usable residues resulting from the constructive destruction of the leased asset.

In this case, a scheme may be used such as giving up the remaining property in favor of the insurance company in exchange for receiving insurance compensation for the cost of the leased item in full. Another possible option is when the insurance company pays the insurance compensation to the lessor minus the cost of the usable balances, and the lessee reimburses the missing amount, while the property remains with him.

In any case, there is a need to reflect the transaction for the sale of property in accounting, since the ownership of the usable remains is transferred to another person. At the same time, before recording the sale, it is necessary to take into account the remaining property at market value and reflect it as part of non-operating income (clause 13 of Article 250 of the Tax Code of the Russian Federation). From 01/01/2010, when selling property, this value in the amount of previously taken into account income can be completely written off as expenses for income tax purposes. If the car was accounted for on the lessor’s balance sheet and it was he who was the beneficiary under the insurance contract, then in the event of its loss, the following entries will be made in the lessor’s accounting: Debit 62 Credit 90-1 - leasing payments were accrued before the loss of the car in amounts according to the leasing payment schedule; Debit 90 Credit 68 - VAT charged. Next, based on the inventory act, the car is written off from the balance sheet upon its loss: Debit 02 Credit 01 - previously accrued depreciation is taken into account; Debit 91-2 Credit 01 - non-operating expenses are taken into account. When receiving insurance compensation, the entries will be as follows: Debit 51 Credit 76 - insurance compensation received; Debit 76 K91-1 - reflects non-operating income. The accrual of the amount of additional compensation in favor of the lessor and the offset of part of the advance amount is reflected by the following entries: Debit 76 Credit 91-1 - non-operating income is reflected; Debit 62 Credit 76 - advance amount credited; Debit 51 Credit 76 - funds received from the lessee to pay for the damage. As for the lessee, he will have the following entries in his accounting: Debit 20 (26) Credit 60 - lease payments are accrued until the loss of the car in amounts according to the lease payment schedule; Debit 19 Credit 60 - VAT reflected; Credit 001 - the car is written off from the balance sheet upon its loss on the basis of an inventory act) Debit 91-2 Credit 76 - additional compensation amounts have been accrued in favor of the lessor; Debit 76 Credit 60 - advance amounts credited; Debit 76 Credit 51 - funds were transferred to pay for damage.

Now let’s look at the accounting procedure for a situation where a lost car (an accident with the impossibility of restoring the car) was taken into account on the balance sheet of the lessee and he was also the beneficiary under the insurance contract. In this case, the lessor's accounting will look like this: Debit 62 Credit 90-1 - lease payments are accrued until the loss of the car in amounts according to the lease payment schedule; — Debit 90 Credit 68 — VAT charged; Loan 011 - the car is written off from the balance sheet upon its loss (inventory act) in the amount of its original cost; - Debit 76 Credit 91-1 - accrued amounts of compensation received from the lessee; Debit 62 Credit 76 - offset of advance; Debit 51 Credit 76 - funds received from the lessee to pay for the damage. The lessee's entries will be as follows: Debit 20 (26) Credit 60 - lease payments are accrued until the loss of the car in amounts according to the payment schedule; Debit 19 Credit 60 - VAT included; — Debit 02 Credit 01 — depreciation accrued on the car is reflected; Debit 91 Credit 01 - the car is written off from the balance sheet upon its loss (inventory act); -Debit 10 Credit 91-1 - valid balances were capitalized at market prices; Debit 51 Credit 76 - insurance compensation received; — Debit 76 Credit 91-1 — income is reflected in the amount of insurance compensation; Debit 91-2 Credit 76 - amounts of additional compensation in favor of the lessor have been accrued; Debit 76 Credit 60 - advance credited; Debit 76 Credit 51 - funds were transferred to pay for the damage. It is necessary to note that due to differences in the rules of accounting and tax accounting, the amounts reflected in the accounting accounts may not coincide with the amounts of expenses and income accepted for tax purposes. In this case, the accountant must refer to the provisions of PBU 18/02 “Accounting for calculations of corporate income tax.” The differences that arise, as a rule, are associated with the impossibility of accounting for individual expenses for profit tax purposes and are of a permanent nature, which necessitates the need to reflect a permanent tax liability in the accounting records of the lessor (lessee): Debit 99 Credit 68.

The question of the need to restore the amounts of VAT previously accepted for deduction on lost property based on its residual value is not entirely clear. Clause 3 of Art. 170 of the Tax Code of the Russian Federation contains a closed list of cases when VAT is subject to restoration, and the loss of property is not named in it. That is, formally the leasing company has no obligation to restore VAT, this is confirmed by numerous arbitration practices. However, the Russian Ministry of Finance has the opposite position on this matter, pointing out the need to restore VAT and citing the fact that the property ceases to be used for taxable transactions (letter of the Russian Ministry of Finance dated January 29, 2009 No. 03-07-11/22).

In conclusion, I would like to once again draw attention to how important it is for an accountant to correctly reflect transactions related to the loss or damage of leased property to take into account both the terms of the leasing agreement (who has the property on the balance sheet, the terms of insurance, the terms of compensation for damage), and the terms of the insurance contract (which party is the insured and which is the beneficiary).

Author: Natalya Gasheeva, Head of the Methodology and Quality Control Department, Accounting Practice Department, BDO Outsourcing Division You can read the full version of the article in the New Accounting magazine