How can a lessor reflect in accounting the acquisition and transfer of property for leasing?

An assignment under a leasing agreement allows the lessee to transfer his existing rights and obligations in relation to the leased object to a third party who was not previously involved in the transaction as one of its participants. In our article you will find information about the procedure for assignment under a leasing agreement, the documents that must be drawn up during its implementation, as well as the features of recording the transactions carried out in the accounting records of the lessor and both lessees.

General provisions on the leasing agreement: concept, subject, ownership of the transferred property

The concept of a leasing agreement is defined by the provisions of Art. 665 of the Civil Code of the Russian Federation. According to this article, it is understood as an agreement in which one party undertakes to acquire an object of real estate or movable property specified by the second party and transfer it to the first for temporary use and possession for conducting business activities. At the same time, a financial lease agreement (also known as a leasing agreement), in accordance with the provisions of Art. 625 of the Civil Code of the Russian Federation, is recognized as a type of lease agreement, which allows the norms of § 1 Ch. 34 Civil Code of the Russian Federation.

The subject of leasing, in accordance with paragraph 1 of Art. 3 of the Federal Law “On Financial Lease...” dated October 29, 1998 No. 164, there can be any things that are not subject to consumption (structures, equipment, transport, other real estate and movable objects). According to paragraph 1 of Art. 11 of the same regulatory act, property transferred to the user on the basis of a leasing agreement (i.e., for temporary possession) remains the property of the organization that provides it. The lessee, in turn, receives 2 powers: ownership and use. Moreover, as a general rule, he does not have the right to sell the thing received under the contract or otherwise dispose of it.

However, by virtue of paragraph 1 of Art. 19 Federal Law No. 164, the agreement may also provide for the possibility of transferring ownership rights in favor of the lessee, which can be carried out both after the expiration of the agreement and before its expiration.

Re-leasing of the leased asset

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In practice, a situation may arise when the lessee, due to his insolvency or due to his lack of need to use the leased asset, can transfer to third parties the property previously received from the lessor under the leasing agreement

Lease relations are regulated by Ch. 34 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation). Leasing (financial lease) is a type of rental agreement.

Under a financial lease agreement (leasing agreement), the lessor undertakes to acquire ownership of the property specified by the lessee from a specific seller and transfer it to the lessee for a fee for temporary possession or use for business activities. A financial lease agreement may provide for the choice of the seller and the purchased property by the lessor (Article 665 of the Civil Code of the Russian Federation).

A lessor is an individual or legal entity who, at the expense of borrowed and (or) own funds, acquires ownership of property during the implementation of a leasing agreement and provides it as a leased asset to the lessee for a certain fee, for a certain period and on certain conditions for temporary possession and use with or without transfer to the lessee of ownership of the leased asset (Article 4 of Law No. 164-FZ).

Lessee is an individual or legal entity who, in accordance with the leasing agreement, is obliged to accept the leased asset for a certain fee, for a certain period and under certain conditions for temporary possession and use in accordance with the leasing agreement (Article 4 of Law No. 164-FZ).

Clause 1 of Art. 11 of Law N 164-FZ establishes that the leased asset transferred for temporary possession and use to the lessee is the property of the lessor.

Despite the fact that the leased asset can be recorded on the balance sheet of the lessee, he is not the owner of the property and is deprived of the right to dispose of it, that is, to enter into transactions involving the transfer of ownership of the property to a third party (sell the leased asset, make it as a contribution to the authorized capital business companies and partnerships). In addition, the lessee does not have the right to pledge the leased asset, since only the owner of the property has this right (Article 335 of the Civil Code of the Russian Federation).

Performing other actions in relation to the property that is the subject of a leasing agreement is permitted only with the written consent of the lessor. Failure to comply with the condition of the lessor's written consent entails the recognition of the transaction as void (Resolution of the Federal Antimonopoly Service of the Moscow District dated March 21, 2006 in case No. KG-A41/1606-06).

Clause 2 of Art. 615 of the Civil Code of the Russian Federation determines that the tenant has the right, with the consent of the lessor, to sublease the leased property (sublease) and transfer his rights and obligations under the lease agreement to another person (release).

Thus, the lessee has the right to sublease the property and enter into lease agreements.

Transfer by the previous lessee of rights and obligations under the leasing agreement

VAT

The transfer of property rights under a leasing agreement on the territory of the Russian Federation is recognized as an object of VAT taxation (clause 1, clause 1, article 146 of the Tax Code of the Russian Federation). The tax base is defined as the value of the transferred property rights, calculated on the basis of the contract price without including VAT (clause 1 of Article 154, clause 5 of Article 155 of the Tax Code of the Russian Federation). The moment of determining the tax base is the day of transfer of property rights (the day of signing the lease agreement) (clause 8 of article 167 of the Tax Code of the Russian Federation, clause 1 of article 389 of the Civil Code of the Russian Federation).

Income tax

The payment (remuneration) due to the former lessee from the new lessee for the rehire of the leased asset is, for profit tax purposes, taken into account as part of income from the sale of property rights (excluding VAT) (clause 1 of Article 248, clause 1 of Article 249 of the Tax Code of the Russian Federation) .

When using the accrual method in tax accounting, revenue is recognized on the date of signing the lease agreement (clause 3 of Article 271 of the Tax Code of the Russian Federation, clause 1 of Article 389 of the Civil Code of the Russian Federation).

In the general case, proceeds from the sale of property rights are reduced by the price of acquisition of property rights and by the amount of expenses associated with their acquisition and sale (clause 2.1, clause 1, article 268 of the Tax Code of the Russian Federation). If as a result of such a reduction a loss is formed, then it is taken into account for profit tax purposes (clause 2 of Article 268 of the Tax Code of the Russian Federation).

On the other hand, the leased asset is removed from the depreciable property not because of its sale (clause 1, clause 1, article 268 of the Tax Code of the Russian Federation) and not because of its liquidation (clause 8, clause 1, article 265 of the Tax Code of the Russian Federation, Letters of the Ministry of Finance Russia dated December 27, 2010 N 03-03-06/2/220, dated November 16, 2010 N 03-03-06/1/726, UMNS of Russia for Moscow dated August 23, 2004 N 26-12/55121). Therefore, we can conclude that the inclusion in expenses for profit tax purposes of the residual value of the leased asset transferred to the new lessee is unlawful.

The amount of VAT not accepted for deduction by the previous lessee before the date of conclusion of the re-lease agreement is also not taken into account for tax purposes, since this expense does not meet the criteria established by paragraph 1 of Art. 252 of the Tax Code of the Russian Federation (clause 49 of Article 270 of the Tax Code of the Russian Federation).

When concluding a re-lease agreement, the previous lessee does not exclude from expenses the expenses previously recognized for tax purposes in the form of the amount of accrued depreciation and (or) leasing payments.

Accounting

The payment (remuneration) due to the former lessee from the new lessee for the re-lease of the leased asset is taken into account as part of other income on the date of concluding the re-lease agreement (clauses 7, 10.1, 16 PBU 9/99). In this case, an entry is made on the credit of account 91 “Other income and expenses”, subaccount 91-1 “Other income”, in correspondence with the debit of account 76 “Settlements with various debtors and creditors” (Instructions for using the Chart of Accounts).

When applying the accrual method, income in accounting and tax accounting is recognized simultaneously.

Accounting for the transfer of rights and obligations under a leasing agreement in a situation where the leased asset is taken into account on the balance sheet of the previous lessee

On the date of conclusion of the re-lease agreement, the previous lessee withdraws from the leasing agreement. Consequently, the amount of obligations under the leasing agreement reflected on this date on account 76 “Settlements with various debtors and creditors”, subaccount 76-ar “Lease obligations”, is subject to write-off. Since on the date of concluding the re-lease agreement there is a decrease in the obligations of the previous lessee to the lessor, the amount of written-off obligations is recognized as part of other income, which is reflected in the debit of account 76, subaccount 76-ar “Rental obligations”, in correspondence with the credit of account 91 “Other income and expenses", subaccount 91-1 "Other income" (clauses 2, 4, 7 PBU 9/99, Instructions for using the Chart of Accounts).

The residual value of the disposed leased asset upon transfer to a new lessee is written off from accounting and included in other expenses (clause 29 PBU 6/01, clause 76 of the Guidelines for accounting of fixed assets, clauses 11, 19 PBU 10/99 ). In this case, an entry is made to the debit of account 91, subaccount 91-2 “Other expenses”, and the credit of account 01 “Fixed assets” (or 03 “Income-earning investments in material assets”) (Instructions for using the Chart of Accounts) <**>.

Also recognized as other expenses is the amount of VAT reflected in account 19 “Value added tax on acquired assets” and not accepted for deduction by the previous lessee until the date of conclusion of the re-lease agreement (clause 11 of PBU 10/99). This amount of VAT is subject to payment by the new lessee under the leasing agreement to the lessor.

The amount of liabilities to the lessor written off in accounting in tax accounting is not included in income, since the occurrence of these liabilities and, accordingly, their write-off during re-leasing are determined solely by accounting rules. Consequently, in the accounting of the previous lessee, a permanent difference (PD) and a corresponding permanent tax asset (PNA) arise (clauses 4, 7 of PBU 18/02).

Expenses in the form of the residual value of the retiring leased asset and the amount of VAT not accepted by the previous lessee for deduction before the date of conclusion of the re-lease agreement, forming the accounting profit (loss) of the reporting period, but not taken into account when determining the tax base for income tax, both reporting and subsequent reporting periods, lead to the emergence of PR and corresponding permanent tax liabilities (PNO) (clauses 4, 7 of PBU 18/02).

In accounting, PNA is reflected in the credit of account 99 “Profits and losses” (sub-account “Fixed tax liabilities (assets)”) in correspondence with the debit of account 68 “Calculations for taxes and fees”, and PNO - in the debit of account 99 (sub-account “Permanent tax liabilities (assets)") in correspondence with the credit of account 68 (Instructions for using the Chart of Accounts).

Obtaining rights and obligations under the leasing agreement by the new lessee

VAT

The amount of VAT presented by the previous lessee as part of the re-lease fee, the new lessee has the right to deduct after accounting for the debt to pay this fee, provided there is a correctly executed invoice of the previous lessee and provided that the leased asset is used in transactions subject to VAT (clause 1 clause 2 article 171, clause 1 article 172 of the Tax Code of the Russian Federation).

The very fact of receiving the leased asset does not entail any VAT tax consequences for the new lessee, regardless of whose balance sheet the leased asset is recorded on (the balance sheet of the lessor or the new lessee).

Income tax

When applying the accrual method in tax accounting, the rental fee is taken into account as part of other expenses associated with production and sales on the last day of the reporting period evenly throughout the remaining term of the leasing agreement (clause 49, clause 1, article 264, paragraph 2 p 1, paragraph 3, paragraph 7, Article 272 of the Tax Code of the Russian Federation, Letter of the Department of Tax Administration of Russia for Moscow dated January 27, 2004 N 26-12/5331).

Income tax upon receipt of rights and obligations under a leasing agreement in a situation where the leased asset is taken into account on the balance sheet of the new lessee

In general, the initial cost of the property that is the subject of leasing is the amount of the lessor's expenses for its acquisition (clause 1 of Article 257 of the Tax Code of the Russian Federation).

After the conclusion of the lease agreement, the leasing agreement continues to be valid. The leased asset is accepted by the new lessee for tax accounting as part of depreciable property at its residual value, determined according to the tax accounting data of the previous lessee. In this case, there is no change in the initial value of the leased asset, since the lessor remains the owner of the leased asset. If the residual value of the leased asset received, put into operation from January 1, 2016, is no more than 100,000 rubles. (put into operation before January 1, 2021 - no more than 40,000 rubles) <*>, then this is not a basis for recognizing leased property as non-depreciable and including its value in material expenses by the new lessee. This conclusion follows from Letters of the Ministry of Finance of Russia dated October 15, 2005 N 03-03-02/114, dated July 19, 2005 N 03-03-04/1/91. Despite the fact that these Letters contain explanations from the financial department based on the previously valid norm of the Tax Code of the Russian Federation, according to which the initial cost of property recognized as depreciable was more than 10,000 rubles, they, in our opinion, are applicable in this case.

The new lessee is a legal successor, including in relation to the calculation of depreciation on the leased asset transferred to him. Consequently, the new lessee charges depreciation on the leased asset recorded on its balance sheet. At the same time, he can apply a special coefficient of no higher than 3 to the basic depreciation rate, except for fixed assets of the first - third depreciation groups (clause 1, clause 2, article 259.3 of the Tax Code of the Russian Federation, Letter of the Ministry of Finance of Russia dated 09.09.2013 N 03-03-06/ 1/37022, dated July 14, 2009 N 03-03-06/1/463). For more information on recognizing expenses in the form of depreciation deductions for tax purposes, see the section “Income tax upon receipt of a leased asset recorded on the balance sheet of the lessee (sublessee).”

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<*> From January 1, 2021, the initial cost of property recognized as depreciable has been increased and amounts to more than 100,000 rubles. This cost criterion applies to depreciable property objects put into operation starting from the specified date (clause 1 of Article 256 of the Tax Code of the Russian Federation).

Accounting

The payment for the re-lease of the leased asset in the accounting records of the organization - the new lessee is recognized as part of the expenses for ordinary activities on the date of signing the re-lease agreement. In this case, an entry is made in the debit of the account for accounting for production costs (sales expenses) in correspondence with the credit of account 76 “Settlements with various debtors and creditors” (clause 5 of PBU 10/99, Instructions for using the Chart of Accounts).

When a new lessee uses the accrual method in tax accounting in the month of recognizing the fee for the re-rental of the leased asset as part of the expenses that form the cost of sales for the current month, a deductible temporary difference (DTD) and a corresponding deferred tax asset (DTA) arise in accounting. This is due to the fact that the expense in accounting is recognized at a time, and in tax accounting - during the remaining term of the leasing agreement.

The occurrence of IT is reflected in accounting in the debit of account 09 “Deferred tax assets” and the credit of account 68 “Calculations for taxes and fees”. The specified VVR and ONA are reduced (repaid) as expenses are recognized in the form of payment for the re-rental of the leased asset in tax accounting (clauses 11, 14, 17 PBU 18/02).

Accounting upon receipt of rights and obligations under a leasing agreement in a situation where the leased asset is taken into account on the balance sheet of the new lessee

In this case, the leased property is accepted by the new lessee for accounting as part of fixed assets at a cost equal to the total amount of the remaining debt to the lessor under the leasing agreement (excluding VAT) (clauses 4, 7, 8 PBU 6/01, paragraph 2 clause 8 of the Instructions on the reflection in accounting of transactions under a leasing agreement (applied to the extent that does not contradict later regulations governing accounting)) <**>.

Depreciation on the leased asset is charged by the new lessee in accordance with the generally established procedure (clause 17 of PBU 6/01, paragraph 3 of clause 50 of the Methodological Guidelines for Accounting of Fixed Assets).

The table uses the following designations for analytical accounts for account 68 and account 76:

68-VAT “Calculations for VAT”;

68-pr “Calculations for income tax”;

76-ar “Rental obligations”;

76-p “Settlements with the previous lessee.”

Assignment under a leasing agreement

Assignment under a leasing agreement means the transfer by the lessee of the right to use the leased property to a third party under the conditions established by the provisions of the concluded leasing agreement. The need to assign rights arises if the lessee is unable to independently fulfill its financial obligations or no longer needs the property leased. Termination of a previously concluded agreement is fraught with various sanctions for the party that put forward such an initiative (including the emergence of an obligation to pay fines and penalties). That is why most lessees seek to find a company that can assume the rights and obligations that arise when concluding a leasing agreement.

According to paragraph 2 of Art. 615 of the Civil Code of the Russian Federation, the replacement of the lessee can be qualified as a re-lease. In this case, the new participant in the legal relationship that arose during the transfer of property assumes all the rights and obligations of its previous recipient.

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The assignment procedure should be distinguished from the transfer of property for subleasing, which, according to clause 1 of Art. 8 Federal Law No. 164, is a type of sublease of property received under lease, in which the recipient under a leasing agreement transfers it for possession and use to third parties on the basis of a concluded agreement establishing the amount of payment for the use of such property, as well as the terms for which it is transferred to the recipient under the subleasing agreement. In this case, the sublessee does not acquire any rights and obligations to the main lessor - he has legal relations only with the lessee.

Leasing transactions on the lessee's balance sheet

If the agreement stipulates that the leased property is listed on the lessor’s balance sheet, the lessee must use accounting account 001 when preparing the accounting records of leasing operations. It is this account that acts as the starting point for all leasing operations. To better understand the nuances of accounting for leased property, let’s look at the situation using an example. Let's take two (LP) and Parus LLC (LD).

The companies enter into agreement No. 143, dated February 24, 2019. According to it, equipment with an estimated value of 1.5 million rubles is leased, including VAT in the amount of 300 thousand rubles. The term of the agreement is 36 months, and the mandatory monthly payment is 40.5 thousand rubles, of which VAT is 8,100 rubles. Upon expiration of the lease period, the LP will purchase the equipment, the purchase price of which is included in the monthly payment.

Let's look at an example of leasing entries in the accounting report of Stroitel LLC:

• Debit 001 1,500,000 equipment entered into off-balance sheet accounting;
• Debit 20 Credit 76 32 400 the amount of the monthly payment is taken into account;
• Debit 19 Credit 76 8,100 VAT on the leasing payment amount;
• Debit 68 Credit 19 8 100 VAT payment accepted for deduction;
• Debit 76 Credit 51 40 500 lease payment transferred to the account of Parus LLC;

These above entries must be made monthly.

• Credit 001 1,500,000 equipment was written off from the register of Stroitel LLC, since all obligations under agreement 143 dated February 24, 2019 were fulfilled;
• Debit 01 Credit 02 1,200,000 (1,500,000 300,000) the cost of purchased equipment is reflected in fixed assets of Stroitel LLC.

Redemption value of leased property: transactions with the lessee

When the contract was agreed upon by the parties, and it provides for the purchase of equipment by the “Builder” for a fee, the accounting should contain the following entries:

• Credit 001 equipment was written off from the register of Stroitel LLC due to the expiration of contract 143 dated February 24, 2019;
• Debit 60 Credit 51 the redemption price of the equipment is listed;
• Debit 08 Credit 76 industrial equipment was purchased;
• Debit 19 Credit 76 VAT payment is taken into account;
• Debit 01 Credit 08 equipment was added to the fixed assets of Stroitel LLC;
• Debit 68 Credit 19 VAT on equipment is accepted for deduction.

Postings for early redemption of property:

• Debit 97 Credit 76 the amount of the balance of lease payments excluding VAT;
• Debit 19 Credit 76 allocated VAT;
• Debit 68 Credit 19 VAT payment accepted for deduction;
• Debit 76 Credit 51 the balance of lease payments was transferred;
• Debit 20 Credit 97 The accrued amount of payments was written off ahead of schedule.

Produced every month until the end of the contract.

Postings when accounting for property on the lessee’s balance sheet

We will save the original data, but now at the end of the lease period the LP is obliged to buy the equipment for 18,000 rubles.

In this case, the Stroitel LLC report will contain the following entries:

• Debit 08 Credit 76 1,265,000 (10) /1.20) equipment is registered;
• Debit 19 Credit 76,253,000 VAT amount;
• Debit 01 Credit 08 1,265,000 equipment is credited as fixed assets for further accounting;
• Debit 76 Credit 51 40,500 funds for the lease payment were transferred to the account of Parus LLC;
• Debit 20 Credit 76 32,400 the amount of monthly expenses for leasing payments;
• Debit 68 Credit 19 8 100 VAT payment accepted for deduction;
• Debit 20 Credit 02 35,138.89 (1,265,000×36) depreciation accrued;

The accountant of Stroitel LLC is required to do the last four items on a monthly basis throughout the entire term of the contract.

• Debit 76 Credit 51 18,000 the amount was transferred to the account of Parus LLC as the redemption value;
• Debit 01 Credit 01 1,265,000 equipment is accounted for as property after three years;
• Debit 02 Credit 02 1,265,000 depreciation is reflected.

Change of lessee under a leasing agreement

A prerequisite for the transfer of debt to a third party, in accordance with paragraph 2 of Art. 391 of the Civil Code of the Russian Federation, is the presence of the written consent of the creditor. If it is missing, the concluded transaction will be considered void. The legislator does not establish the exact form and content of such a document, so the lessor can draw it up independently.

The sequence of actions aimed at completing the documentation accompanying the change of lessee is as follows:

1. The recipient of property under a leasing agreement applies to the lessor with a written request to obtain permission to transfer the object of the agreement, as well as related rights and obligations to a third party under the terms of a financial lease.
2. The lessor reviews the proposal received and gives a written response, which can be either positive or negative. If the answer is negative, the lessee is deprived of the opportunity to make the assignment.
3. Based on the permission received, the old and new lessors, as well as the lessee, enter into a tripartite agreement, the provisions of which regulate the procedure for transferring property to the new recipient and making payments to the accounts of counterparties, as well as other issues that the parties to the transaction consider significant.

In the event that the property leased was registered in the name of the original lessee under the agreement, it, in accordance with Art. 20 Federal Law No. 164, it is necessary to re-register with a new lessee.

List of documents required for registration of assignment

The package of documents required to transfer all rights and obligations related to the leased property includes:

1. A lease agreement for leased property is concluded as an additional agreement to a previously signed agreement between the lessor and the old lessee.
2. The act of acceptance and transfer of property.
3. Documents attached to the leased object being transferred (for example, a technical equipment passport when transferring a car).
4. Documents of the enterprise acting as a new lessee:
   copies of the charter, certificates of state registration and tax registration;
5. minutes of a meeting of participants of a legal entity, containing a decision on the need to conclude a leasing transaction, etc.
6. Financial documents of the enterprise acting as a new lessee:
   financial statements,
7. information about current accounts,
8. information about existing loans and leasing obligations, etc.

Carrying out financial settlements when replacing the lessee

One of the main issues that arise when replacing a lessee is the implementation of monetary settlements between the parties to a tripartite agreement. As a rule, in practice, funds are transferred as follows:

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1. If at the time of conclusion of the agreement the old lessee had an outstanding debt, the advance payment made by him, but not offset at the time of execution of the documents, is used to close the existing debt.
2. If the amount of the advance payment that has not been offset at the time of conclusion of the agreement exceeds the amount of debts the lessee has, the overpaid funds are returned to the payer by the lessor or transferred to account for future payments of the new lessee (the latter compensates the old lessee for the expenses incurred by him).

According to the general rule defined in paragraph 1 of Art. 249 of the Tax Code of the Russian Federation, the original lessee is obliged to pay income tax on all funds received by him when re-issuing a leasing agreement from a new lessee (with the exception of VAT included in this amount). In the event that the amount of the advance payment paid by the taxpayer does not completely cover the funds received from the new user of the leased asset, the resulting negative difference is recognized as a loss and must be taken into account when calculating the size of the tax base for the tax on profits received (letter of the Federal Tax Service “On Loss ..." dated 11/11/2011 No. ED-4-3/ [email protected] ).

When calculating the amount of depreciation, taxpayers who are lessees, in accordance with clause 2 of Art. 259.3 of the Tax Code of the Russian Federation, they can apply a special coefficient, the size of which cannot exceed 3. According to the position of the Ministry of Finance of the Russian Federation, set out in letter dated 03/09/2006 No. 03-03-04/1/202, when rehiring property received under lease, the new lessee also may apply the specified coefficient when determining the depreciation value (provided that the property will be taken into account on the balance sheet of its recipient).

Checking depreciation charges

All tax expenses must be real and economically justified. Moreover, their repeated inclusion in the tax base is unacceptable. 1.5 tbsp. 252 of the Tax Code of the Russian Federation. When exiting a leasing agreement early, it is especially important to take this rule into account.

So, for the entire term of the leasing agreement - while your organization was still a lessee - you can recognize as full expenses the amount that is equal to the amount of current lease payments to the lessor. Of course, with the exception of that part of them that should be taken into account as an advance.

Often the leasing agreement provides for a condition for the purchase of the property by the lessee. Sometimes the redemption price is paid by the lessee evenly - monthly as part of the lease payments. In this case, the part that goes into payment

redemption price will form the initial cost of the leased asset after its redemption. It can be recognized as an expense only at the end of the leasing agreement - either through depreciation or at a time (if the former leased asset is not taken into account as a fixed asset) Letter from the Ministry of Finance dated 06/02/2010 No. 03-03-06/1/368; Federal Tax Service dated May 26, 2010 No. ШС-37-3/ [email protected] ; Federal Tax Service for Moscow dated May 16, 2011 No. 16-15/ [email protected]

Thus, it is safer not to include redemption payments paid during the term of the leasing agreement as part of the lessee's expenses.

Since the leased asset was on the balance sheet of the lessee, the organization had the right to calculate depreciation. And current leasing payments could be taken into account as an independent expense only if they exceeded the depreciation accrued in a particular month. 10 p. 1 art. 264 Tax Code of the Russian Federation.

Let us recall that the initial tax value of the leased asset, on the basis of which depreciation should be calculated, is determined as the amount of the lessor's actual costs for the acquisition of this fixed asset, even if it is taken into account on the lessee's balance sheet. 1 tbsp. 257 Tax Code of the Russian Federation; Letter of the Ministry of Finance dated 02/03/2012 No. 03-03-06/1/64. The total amount of lease payments is higher than the original cost of the leased asset. However, the lessee can apply a special depreciation rate of no higher than 3 (which must be enshrined in the accounting policy for tax purposes) if the leased asset belongs to depreciation groups 4-10, sub. 1 item 2 art. 259.3 Tax Code of the Russian Federation. And it is precisely accelerated depreciation that can lead to the fact that in case of early exit from the leasing agreement, the lessee’s tax accounting will write off more as expenses than accrued current lease payments in accordance with their schedule.

Despite the fact that depreciation was calculated correctly, in the event of early termination of the leasing agreement or (in our case) a change of lessee, you will have to:

• <or reduce your expenses in the form of accrued depreciation by the amount of excess depreciation over current leasing payments;
• <or include such amount in income.

Therefore, calculate how much was included in expenses during the lease agreement and how many current lease payments were actually accrued under the terms of the agreement. Of course, following the safe accounting option, we take into account only that part of the lease payments that does not include the redemption price.

If more expenses are recognized than accrued current payments to the lessor, restore the difference using one of the methods indicated above.

This difference is calculated using the following formula.

There is no need to submit any updated declarations for previous periods: everything was previously calculated correctly.

Example. Accounting by the lessee of expenses in the form of depreciation and current payments

/ condition / The initial cost of leasing equipment in tax accounting is RUB 300,000. Under the terms of the leasing agreement, the lessee, company A, must pay 6,250 rubles monthly for 6 years (the duration of the leasing agreement and the useful life of the equipment). excluding VAT. The total amount of leasing payments excluding VAT is RUB 450,000.

Company A records the leased asset on its balance sheet and calculates depreciation taking into account a special increasing factor equal to 3. The amount of monthly depreciation is 12,500 rubles. (RUB 300,000 / 6 years / 12 months x 3).

The leased asset is depreciated over 11 months.

/ decision / For 11 months of the lease agreement with company A:

• depreciation charges in the total amount of 137,500 rubles are taken into account in expenses. (RUB 12,500 x 11 months);
• under the terms of the leasing agreement, the amount of current payments amounted to 68,750 rubles. (RUB 6,250 x 11 months). Which is two times less than the amount of accrued depreciation. Current lease payments were not taken into account as independent expenses.

If a re-lease agreement is concluded, Company A will have to restore part of the previously recognized expenses in tax accounting.

If monthly depreciation charges were less than or equal to the current payments, nothing will have to be restored.

Change of lessor upon assignment

Not only the lessee, but also the lessor can assign the rights that arose when concluding a leasing agreement - this is indicated by the provisions of Art. 18 Federal Law No. 164. According to this rule, the lessor can transfer its rights under the agreement to a third party by notifying the lessee about this. The absence of such notification is grounds for termination of the agreement at the initiative of the lessee (Clause 2 of Article 450 of the Civil Code of the Russian Federation).

The assignment of claims by the lessor involves the transfer to a third party of the right to receive lease payments from the lessor or to collect the debt generated at the time of conclusion of the relevant agreement. After the agreement on the assignment of claims is concluded, the lessee will have the obligation to make mandatory payments to the new lessor. Failure to fulfill such obligations entails the imposition of sanctions provided for by the concluded additional agreement or other document regulating the procedure for resolving this issue.

***

So, the assignment of a leasing agreement allows the lessee to transfer the leased property, as well as the rights and obligations arising upon its receipt, to a party that was not a party to the previously concluded agreement. A change of lessee entails the need for the participants in the new agreement to perform a number of actions, including the preparation of related documents and the reflection of completed financial transactions in the accounting and tax records of the enterprise.

Accounting entries under a lease agreement for leased property

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• 10.01 In Moscow, armed people kidnapped a restaurant visitor
• 10.01 The court in St. Petersburg accepted the complaint of “Prigozhin’s accountant” in the case against the US Department of Justice
• 10.01 For 2021, customs transferred 6.6 trillion rubles to the budget
• 10.01 Long-time contractors of the St. Petersburg metro received contracts for cleaning stations for 3.1 billion rubles
• 10.01 Dyukov agreed to become a candidate for the post of head of the RFU
• 10.01 Roskomnadzor found signs of terrorist ideology on the BBC website
• 10.01 Norway warned pilots about GPS signal failures near the border with Russia
• 10.01 The best countries for foreigners to live have been named
• 10.01 Two Russians were arrested in Italy for transporting Kurdish migrants
• 10.01 Xiaomi Corporation fell in price by $6.3 billion in 3 days
• 10.01 Yandex removed 30 thousand links with pirated content from the search results
• 10.01 In Russia, sugar has risen in price by almost a third, chicken eggs by a quarter in 2021
• 10.01 Rosstat: gasoline prices in Russia increased by 9.4% in 2021
• 10.01 The founder of Magnit, Galitsky, plans to open restaurants in St. Petersburg and Moscow
• 10.01 The Central Bank obliged forex dealers to disclose risk data
• 10.01 Auditors will check how money was spent on the construction of the metro in St. Petersburg
• 10.01 Food and education: what St. Petersburg residents bought online during the holidays
• 10.01 The State Duma supported the idea of ​​securing the patient’s right to pain relief
• 10.01 In St. Petersburg, a new batch of “Podorozhnik” keychains will be sold starting January 14
• 10.01 Books and algae chips: Ozon named the most popular purchases of St. Petersburg residents during the New Year holidays
• 10.01 “Fontanka” ended up in Viktor Shkulev’s regional networks
• 10.01 The project of Sberbank and Yandex will be headed by a former top manager of LʼOréal
• 10.01 Lukashenko threatened Russia with the loss of its “only ally” in the West due to a tax maneuver
• 10.01 Shnurov criticized Milonov in verse
• 10.01 For the first time in 10 years, State Unitary Enterprise "TEK SPb" collected more than 102% of payments
• 10.01 The State Duma adopted the law on the legal status of pilgrims in the first reading
• 10.01 The order to transfer St. Isaac's Cathedral to the Russian Orthodox Church has lost force
• 10.01 FAS threatens banks with cases for commissions and reduction of interest on deposits
• 10.01 The Russian Premier League nominated Dyukov for the post of head of the RFU
• 10.01 AvtoVAZ spoke about the growth of the Russian car market in 2018
• 10.01 The defense lawyer of one of the Ukrainian sailors was demanded to be expelled from the bar
• 10.01 Moscow and London partially replenished the diplomatic mission after the expulsion of diplomats
• 10.01 Roshal spoke about the condition of the rescued child from Magnitogorsk
• 10.01 Russian adoptive parents may be restricted from moving and prohibited from adopting more than one child per year
• 10.01 Trade turnover between Russia and China in 2021 exceeded a record $100 billion
• 10.01 The State Duma approved criminal penalties for the online sale of counterfeit medicines
• 10.01 47 thousand cubic meters of snow were removed from St. Petersburg per day
• 10.01 A bill banning the transfer of the Kuril Islands to Japan was introduced to the State Duma
• 10.01 State Duma Deputy Kozenko said that only “alien allies” will help Kyiv
• 10.01 Rogozin complained about the lack of funding for Roscosmos
• 10.01 The flooded Tushinsky tunnel limited traffic in the north-west of Moscow
• 10.01 In Russia, the increase in the old-age pension has been increased
• 10.01 The police found the missing eagles of the Alexander Column in the Hermitage
• 10.01 UAC responded to the threat of disruption to the production of the MC-21 aircraft due to sanctions