Accounting for real estate in a commercial organization

Real estate means not only building structures, but also land plots, subsoil, and other objects closely related to the land. It is impossible to move them without damaging them. The article will discuss the tax and accounting of real estate, the peculiarities of registering transactions with them in the conditions of reorganization or liquidation of an enterprise, leasing, construction or reconstruction. In this article we will talk about accounting of real estate at cadastral value using the example of the simplified tax system tax regime.

Expenses for the purchase of real estate and acceptance for accounting under the simplified tax system

Real estate is classified as fixed assets (fixed assets) used to create goods and sell them. When the “simplified” tax is calculated, the cost of those fixed assets that are recognized as property subject to depreciation must be taken into account. Neither land nor other environmental management assets are depreciated. Therefore, the cost of the land plot cannot be taken into account when calculating the single tax.

Costs incurred when purchasing real estate from the state are taken into account as expenses for paying for the services of special organizations that prepare documents for their cadastral and technical registration. The initial cost of real estate under the simplified tax system includes:

1. When purchasing – the supplier’s price plus the costs of bringing the object to condition.
2. During construction - the amount paid to the contractor.

The remaining costs can be included in the expenses necessary to ensure normal activities. This occurs in the period in which the costs were incurred.

All expenses for the purchase of real estate are recognized only after the company confirms that the necessary documents have been submitted for registration. When there are no problems with determining the initial cost of the fixed assets and it has been formed, the object can be accepted for accounting. If the ownership right needs to be officially registered, then the acceptance of the OS for accounting is not affected by either the fact of submitting a package of documents or the registration process itself.

Basic wiring:

Accounting for transactions for the acquisition of a building for a company using the simplified tax system

Accounting for fixed assets purchased in installments
12/25/2013 GARANT Author: expert of the Legal Consulting Service GARANT Bashkirova Iraida
The organization applies the simplified tax system and is a small business entity. In 2004, the management of a municipal unitary enterprise (MUP), operating in the housing and communal services sector, transferred to the organization’s balance sheet a building for a store with depreciation charges: “Depreciation charges remain at the disposal of the tenant, are accounted for in a separate account and are used exclusively for the purpose of repairing the rented premises with a mandatory quarterly report on their use to the tenant for repairs.” The lease agreement by the organization is concluded with the relevant authority authorized to represent the interests of the owner (MUP) in property management - the management of property and land relations of the municipality.

The property received under the lease agreement by the organization is reflected in the accounting records at its original cost in the debit of account 01 “Fixed assets” in correspondence with account 76/6. The debit of account 76/6 reflects the amount of depreciation charges transferred by the owner in correspondence with account 02 “Depreciation of fixed assets.”

Subsequently, depreciation was accrued monthly, which was reflected in the organization’s accounting under the credit of account 02 “Depreciation of fixed assets” in correspondence with account 44 “Sales expenses”.

In 2013, the organization acquired previously rented premises in ownership on an installment plan for 60 months with the payment of interest for the use of the installment plan in the manner established by Federal Law No. 159-FZ of July 22, 2008, the sale of which is not subject to VAT in accordance with subparagraph. 12 paragraph 2 art. 146 of the Tax Code of the Russian Federation.

The purchase and sale agreement states that once it is signed, the lease agreement ends. The state duty for state registration of real estate is paid in the month in which the fixed asset was put into operation.

At the time of signing the purchase and sale agreement, the organization’s accounting records include balances on account 01 - the initial cost of the fixed asset received under the lease agreement, on account 02 - the amount of depreciation transferred under the lease agreement and the amount of depreciation accrued by the organization for the period the property was in its possession. lease, on account 76/6 - the difference between the initial cost of the property received under the lease agreement and the amount of depreciation charges accepted under the lease agreement.

How to reflect the acquisition of the specified building in the accounting records of the organization and what to do with the balances on accounts 01, 02 and 76/6 arising from the lease agreement?

Accounting for fixed assets received under a lease agreement

According to Art. 606 of the Civil Code of the Russian Federation, under a lease agreement (property lease), the lessor (lessor) undertakes to provide the lessee (tenant) with property for a fee for temporary possession and use or for temporary use.

Thus, when renting out fixed assets, ownership of them is not transferred to the lessee, but remains with the lessor.

Regardless of the applied taxation system, the procedure for accounting on the balance sheet of organizations (except for credit and budget) fixed assets is regulated by the Chart of Accounts for accounting financial and economic activities of organizations and instructions for its application, approved by Order of the Ministry of Finance of Russia dated October 31, 2000 No. 94n (hereinafter – Chart of accounts), PBU 6/01 “Accounting for fixed assets” (hereinafter referred to as PBU 6/01) and “Guidelines for accounting of fixed assets”, approved by order of the Ministry of Finance of the Russian Federation dated October 13, 2003 No. 91n (hereinafter referred to as Guidelines ).*(1)

According to clause 4 of PBU 6/01, an asset is accepted by an organization for accounting as fixed assets if the following conditions are simultaneously met:

a) the object is intended for use in the production of products, when performing work or providing services, for the management needs of the organization, or to be provided by the organization for a fee for temporary possession and use or for temporary use;

b) the object is intended to be used for a long time, that is, a period of more than 12 months or a normal operating cycle if it exceeds 12 months;

c) the organization does not intend the subsequent resale of this object;

d) the object is capable of bringing economic benefits (income) to the organization in the future.

From reading this norm it follows that a commercial organization can only take into account its own property as part of its fixed assets.

In addition, according to clause 21 of the Methodological Instructions, fixed assets, depending on the rights the organization has to them, are divided into:

– fixed assets owned by right of ownership (including those leased, transferred for free use, transferred to trust management);

– fixed assets that are in the organization’s economic control or operational management (including those leased, transferred for free use, transferred to trust management);

– fixed assets received by the organization for rent;

– fixed assets received by the organization for free use;

– fixed assets received by an organization for trust management.

Fixed assets received by an organization for rent, in accordance with the Chart of Accounts, are accounted for by the tenant organization in account 001 “Leased fixed assets” in the valuation specified in the rental agreements.

Analytical accounting for account 001 “Leased fixed assets” is carried out by lessor, for each object of leased fixed assets (according to the lessor’s inventory numbers).

The procedure for calculating depreciation in accounting for commercial organizations is regulated by PBU 6/01.

In accordance with clause 17 of PBU 6/01, the cost of fixed assets is repaid through depreciation.

From reading the norms of PBU 6/01 it follows that depreciation can only be charged on property owned by the organization.

And in paragraph 50 of the Methodological Instructions it is clearly stated that depreciation on leased fixed assets is carried out by the lessor.

Thus, depreciation on fixed assets leased must be charged by the lessor (see letter of the Department of the Ministry of Taxes and Taxes for Moscow dated 06/09/2004 No. 23-10/1/38452).

However, this rule can only be applied if the lessor is a commercial organization.

In the situation under consideration, the lessor is a government authority authorized to represent the interests of the owner (municipal entity) in property management, therefore he should not be guided by the above regulations (clause 1 of PBU 6/01 and clause 1 of the Methodological Instructions).

However, it must be borne in mind that no matter in what order the lessor records fixed assets, the tenant is a commercial organization and, when accounting for fixed assets, must be guided by regulations intended for commercial organizations.

And the regulations on accounting for fixed assets for commercial organizations establish uniform rules for reflecting leased fixed assets in accounting and do not provide for the possibility of establishing, even by agreement of the parties, a different procedure.

Thus, the organization must keep records of leased municipal property on the balance sheet, without charging depreciation, even if the lease agreement stipulates otherwise.

Consequently, in this situation, the tenant organization unlawfully accounted for the leased property as part of its own fixed assets in account 01 “Fixed Assets” and charged depreciation with a credit to account 02 “Depreciation of fixed assets” in correspondence with account 44 “Sales expenses”.

The procedure for correcting errors in accounting and reporting is regulated by the norms of PBU 22/2010 “Correcting errors in accounting and reporting” (hereinafter referred to as PBU 22/2010).

According to clause 2 of PBU 22/2010, incorrect reflection (non-reflection) of facts of economic activity in the accounting and (or) financial statements of an organization (hereinafter referred to as an error) may be due, among other things, to incorrect application of the legislation of the Russian Federation on accounting and ( or) regulatory legal acts on accounting and incorrect classification or assessment of facts of economic activity.

In accordance with paragraph 3 of PBU 22/2010, an error is considered significant if it, individually or in combination with other errors for the same reporting period, can affect the economic decisions of users made on the basis of the financial statements prepared for this reporting period .

The organization determines the materiality of the error independently based on both the size and nature of the relevant article (articles) of the financial statements (see letter of the Ministry of Finance of Russia dated January 24, 2011 No. 07-02-18/01 “Recommendations for audit organizations, individual auditors, auditors on conducting audit of the annual financial statements of organizations for 2010").

The organization approves the materiality criteria in its accounting policies.

The procedure for correcting a significant error of the previous reporting year, identified after the approval of the financial statements for this year, is prescribed in paragraph 9 of PBU 22/2010.

An error of the previous reporting year, which is not significant, discovered after the date of signing the financial statements for this year, in accordance with paragraph 14 of PBU 22/2010, is corrected by entries in the relevant accounting accounts in the month of the reporting year in which the error was identified. Profit or loss arising as a result of correcting this error is reflected as part of other income or expenses of the current reporting period using account 91 “Other income and expenses”.

For organizations that are small businesses, a simplified procedure for correcting errors in accounting and financial reporting is provided.

According to the last paragraph of clause 9 of PBU 22/2010, small businesses, with the exception of issuers of publicly offered securities, have the right to correct a significant error of the previous reporting year, identified after approval of the financial statements for this year, in the manner established by clause 14 of PBU 22/2010 , that is, the error can be corrected in the month in which it was detected.

In the situation under consideration, the organization is a small business entity.

Consequently, the organization has the right to correct the error in the month of the reporting year in which the error was identified, regardless of whether the error is significant or not.

Registration of a fixed asset received under a lease agreement is corrected using the reversal method (the “red reversal” method), that is, a reversal entry is made with the same account correspondence:

Debit 01 Credit 76/6

– the initial cost of a fixed asset received for rent and illegally included in the composition of own fixed assets was reversed;

Debit 76/6 Credit 02

– the amount of depreciation charges transferred under the lease agreement is reversed.

The amount of depreciation charges erroneously accrued by the organization relating to previous periods is reflected in other income:

Debit 02 Credit 91

– the amount of erroneously accrued depreciation relating to previous periods is recognized as income of previous years;

Debit 02 Credit 44

– the amount of erroneously accrued depreciation relating to the current year was restored.

Accounting for fixed assets purchased in installments

Let us recall that in order to accept an asset for accounting as part of fixed assets, it is necessary to simultaneously fulfill the conditions given in clause 4 of PBU 6/01.

From clause 4 of PBU 6/01 it follows that the condition on the transfer of ownership and the condition on full payment of the cost of the acquired property for accepting the object for accounting as part of fixed assets do not matter.

In the situation under consideration, when there is a repurchase of leased property that is already used in the organization’s activities, all the conditions for accepting the object for accounting are met at the time of signing the property acceptance certificate.

When accepting fixed assets for accounting, actual costs associated with the acquisition of fixed assets are written off from the credit of account 08 in correspondence with the debit of account 01 “Fixed assets”.

At the same time, according to clause 52 of the Methodological Instructions, real estate objects, the ownership rights to which are not registered in the manner prescribed by law, are accepted for accounting as fixed assets with allocation on a separate sub-account to the fixed assets accounting account.

Clause 7 of PBU 6/01 establishes that fixed assets are accepted for accounting at their original cost.

Based on clause 8 of PBU 6/01, the initial cost of fixed assets acquired for a fee is recognized as the amount of the organization’s actual costs for acquisition, construction and production, excluding VAT and other refundable taxes (except for cases provided for by the legislation of the Russian Federation).

The actual costs for the acquisition, construction and production of fixed assets are:

– amounts paid in accordance with the contract to the supplier (seller), as well as amounts paid for delivering the object and bringing it into a condition suitable for use;

– amounts paid to organizations for carrying out work under a construction contract and other contracts;

– amounts paid to organizations for information and consulting services related to the acquisition of fixed assets;

– customs duties and customs fees;

– non-refundable taxes, state duties paid in connection with the acquisition of fixed assets;

– remunerations paid to the intermediary organization through which the fixed asset was acquired;

– other costs directly related to the acquisition, construction and production of fixed assets.

In the situation under consideration, the actual costs of acquiring a fixed asset will be, first of all, the amount designated in the purchase and sale agreement as the cost of the property payable by the buyer to the seller.

In this case, the procedure for settlements between the buyer and the seller, established in the purchase and sale agreement, does not matter for the formation of the initial cost of the property. In other words, the condition established in the contract to make payments in equal installments over 60 months does not affect the formation of the initial cost of the object.

The state duty paid for the state registration of rights to real estate in accounting is subject to inclusion in the initial cost of fixed assets in the case of payment of the state duty before the property is accepted for accounting as an object of fixed assets.

In the situation under consideration, in our opinion, if the signing of the acceptance certificate and payment of the state duty were made in one month, then the state duty is included in the initial cost of the object.

If an object is accepted for accounting as part of fixed assets, and documents for registration of ownership rights are prepared in later periods, then the initial cost of the object does not change. Expenses for state duty, in our opinion, in this case are taken into account as expenses for ordinary activities as part of other expenses (clause 7 and clause 12 of PBU 10/99 “Expenses of the organization”).

Features of accounting for expenses related to the fulfillment of obligations under received commercial loans are established by PBU 15/2008 “Accounting for expenses on loans and credits” (hereinafter referred to as PBU 15/2008).

Thus, expenses for paying interest on a commercial loan are reflected in accounting in the reporting period to which they relate (clause 6 of PBU 15/2008).

Expenses on a commercial loan are recognized as other expenses, with the exception of that part of them that is subject to inclusion in the cost of the investment asset. In addition, small businesses, with the exception of issuers of publicly offered securities, have the right to recognize all borrowing costs as other expenses (clause 7 of PBU 15/2008).

In the situation under consideration, the fixed asset object does not belong to the investment asset, and the organization is a small business entity, therefore, all expenses for paying interest are classified as other expenses.

In accounting, transactions for the acquisition of real estate are reflected as follows:

Debit 08 Credit 60

– the value of the real estate property is reflected as an investment in non-current assets;

Debit 68, subaccount “Calculations for state duty” Credit 51

– the state fee for registering ownership of real estate has been paid;

Debit 08 Credit 68, subaccount “Calculations for state duty”

– the cost of state duty is included in the price of the property;

Debit 01 Credit 08

– acceptance of a real estate object for registration as part of a fixed asset;

Debit 60 Credit 51

– payment has been made for the purchased property;

Debit 91 Credit 67, subaccount “Interest on commercial loan”

– interest accrued under the terms of the agreement;

Debit 67 Credit 51

– interest has been paid for the deferred payment.

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Accounting for real estate reconstruction under the simplified tax system

Reconstruction of a property means improving its quality characteristics. The costs of its implementation under the simplified tax system are taken into account in expenses. They are recognized as such from the moment the facility is put into operation. Expenses are written off evenly until the end of the year, which marks the completion of reconstruction or repair of the property. Paid expenses are taken into account.

Example No. 1. (income minus expenses), reconstructed the workshop building and launched it in June. In total, the work cost 120 thousand rubles. The money was transferred to the account of the company that did the reconstruction.

Expenses will be taken into account at 40 thousand rubles. (120 thousand/3):

• the thirtieth of June;
• the thirtieth of September;
• thirty first December.

The costs of design documentation are also expenses that increase the cost of the operating system (initial).

The procedure for accounting for expenses for the acquisition of non-residential premises under the simplified tax system

Expenses of a taxpayer applying the simplified tax system are recognized as expenses after their actual payment
12/02/2013 GARANT Author: experts from the Legal Consulting Service GARANT Alekseeva Anna, Ignatiev Dmitry An
organization applying the simplified tax system with the object of taxation “income reduced by the amount of expenses” from the moment of registration with the tax authorities organ acquired non-residential premises in July 2013. The purchased non-residential premises are used for production purposes. The commissioning of non-residential premises, state registration of ownership of it, as well as its full payment (in three payments totaling 16 million rubles) were carried out in July 2013. Moreover, the funds for the purchase are not the organization’s own funds: 9 million rubles. received on credit, and 7 million rubles. - borrowed funds. Loan and loan repayments will be made until 2021.

When can an organization take into account the costs of purchasing non-residential premises for the purposes of calculating the tax payable in connection with the application of the simplified tax system?

Having considered the issue, we came to the following conclusion:

In the situation under consideration, an organization can take into account the costs of purchasing non-residential premises for the purpose of calculating the tax paid in connection with the application of the simplified tax system in the amount of 16 million rubles. in equal shares as of 09/30/2013 and 12/31/2013, subject to compliance with all the requirements of clause 1 of Art. 252 of the Tax Code of the Russian Federation.

Rationale for the conclusion:

If the object of taxation for the tax paid in connection with the application of the simplified tax system (hereinafter referred to as the Tax) is “income reduced by the amount of expenses”, the tax base is recognized as the monetary value of income reduced by the amount of expenses (Clause 2 of Article 346.18 of the Tax Code RF).

The list of expenses that can be taken into account when forming the tax base for the Tax is given in paragraph 1 of Art. 346.16 Tax Code of the Russian Federation. This list is closed. This means that only those costs that are specified in paragraph 1 of Art. 346.16 Tax Code of the Russian Federation.

So, by virtue of sub. 1 clause 1 art. 346.16 of the Tax Code of the Russian Federation, when calculating the tax base for the Tax, expenses for the acquisition, construction and production of fixed assets can be taken into account (taking into account the provisions of paragraphs 3 and 4 of Article 346.16 of the Tax Code of the Russian Federation) provided that they meet the criteria specified in clause 1 art. 252 of the Tax Code of the Russian Federation (clause 2 of Article 346.16 of the Tax Code of the Russian Federation), that is, provided that they are justified (economically justified), documented and aimed at generating income.

For the purposes of Chapter 26.2 of the Tax Code of the Russian Federation, fixed assets (hereinafter referred to as fixed assets) include fixed assets that are recognized as depreciable property in accordance with Chapter 25 of the Tax Code of the Russian Federation (clause 4 of Article 346.16 of the Tax Code of the Russian Federation).

According to paragraph 1 of Art. 257 of the Tax Code of the Russian Federation, OS for the purposes of Chapter 25 of the Tax Code of the Russian Federation is understood as 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 40 thousand rubles. In turn, depreciable property is property that is owned by the taxpayer (unless otherwise provided by Chapter 25 of the Tax Code of the Russian Federation), is used by him to generate income and the cost of which is repaid by calculating depreciation. Depreciable property is property with a useful life of more than 12 months and an original cost of more than 40 thousand rubles. (Clause 1 of Article 256 of the Tax Code of the Russian Federation).

As we understand, the non-residential premises acquired by the organization meet the criteria for recognizing it as a depreciable asset; therefore, the costs of its acquisition can be taken into account when forming the tax base for the Tax according to the rules established by clause 3 of Art. 346.16, paragraph 2 of Art. 346.17 Tax Code of the Russian Federation.

Let us note that if the taxpayer applies the simplified tax system from the moment of registration with the tax authorities, the cost of fixed assets is accepted at the original cost of this property, determined in the manner established by the legislation on accounting (clause 3 of article 346.16 of the Tax Code of the Russian Federation).

The rules for the formation of information about fixed assets in accounting are established by PBU 6/01 “Accounting for fixed assets” (hereinafter referred to as PBU 6/01). Clause 8 of PBU 6/01 provides that the initial cost of fixed assets acquired for a fee is recognized as the amount of the organization’s actual costs for their acquisition, which includes, among other things, amounts paid in accordance with the agreement to the seller.

Consequently, in the situation under consideration, the purchase price of non-residential premises will participate in the formation of the initial cost of this fixed asset.

In accordance with paragraph 1 of paragraph 3 of Art. 346.16 of the Tax Code of the Russian Federation, expenses for the acquisition (construction, production) of fixed assets made during the period of application of the simplified tax system are accepted from the moment these fixed assets are put into operation. At the same time, during the tax period (calendar year - Article 346.19 of the Tax Code of the Russian Federation), expenses are accepted for the reporting periods in equal shares. Reporting periods for the purpose of calculating Tax are the first quarter, six months and nine months of the calendar year (clause 2 of Article 346.19 of the Tax Code of the Russian Federation).

OS, the rights to which are subject to state registration in accordance with the legislation of the Russian Federation, are taken into account in expenses from the moment of the documented fact of filing documents for registration of these rights (clause 3 of Article 346.16 of the Tax Code of the Russian Federation).

In addition, it should be taken into account that expenses of a taxpayer applying the simplified tax system are recognized as expenses after their actual payment (clause 2 of article 346.17 of the Tax Code of the Russian Federation). Moreover, the costs of purchasing (construction, manufacturing) OS, taken into account in the manner prescribed by clause 3 of Art. 346.16 of the Tax Code of the Russian Federation are reflected on the last day of the reporting (tax) period in the amount of amounts paid.

It does not matter at the expense of what funds (own or borrowed (credit)) the specified costs are incurred. Chapter 26.2 of the Tax Code of the Russian Federation in this case does not establish any restrictions (letter of the Ministry of Finance dated January 13, 2005 No. 03-02-04/1/2).

The expenses in question are taken into account only for fixed assets used in carrying out business activities (clause 4, clause 2, article 346.17 of the Tax Code of the Russian Federation).

Thus, an organization applying the simplified tax system with the object of taxation “income reduced by the amount of expenses” has the right to reduce the income received by expenses associated with the acquisition of non-residential premises, while simultaneously meeting the following conditions:

– the property has actually been paid for;

– the property has been put into operation;

– there is a document confirming the fact of filing documents for registration of ownership of it (Articles 130, 131 of the Civil Code of the Russian Federation).

Since all of the above conditions in the situation under consideration were met in July 2013, the organization can take into account the costs of purchasing non-residential premises for the purpose of calculating Tax in the amount of 16 million rubles. in equal shares as of 09/30/2013 and 12/31/2013, subject to compliance with all the requirements of clause 1 of Art. 252 of the Tax Code of the Russian Federation.

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Initial cost of real estate for enterprises with OSNO

When an organization uses OSN, the cost of OS should include:

1. The cost of a property built or purchased.
2. Interest on a loan (loan) that is attracted to the acquisition of fixed assets and is recognized as an investment asset.
3. Expenses to bring the property to a usable condition (repair work, reconstruction).
4. Other costs that are directly related to the purchase (intermediary commissions, travel expenses).

For companies used by OSNO, there is no need to submit documents for state registration in order to begin calculating depreciation.

Features of real estate accounting

Real estate is a special commodity. This can be said because:

1. Ownership and other real rights must be registered in a unified state register. Only then are they recognized as legal.
2. When a company initially intends to sell a property, it is not accounted for as fixed assets. This applies to those enterprises that are engaged specifically in the purchase of real estate and its sale. Therefore, such objects for them are not OS, but goods (count 41).
3. For tax purposes, it does not matter how exactly the property is recorded in accounting. It is always reflected as property subject to depreciation.

Real estate accounting for the seller

When selling or disposing of a property, its value must be written off from accounting. Revenue may be recognized if the following conditions are met:

1. The company has the right to it. It is confirmed by specific agreements.
2. The amount of revenue is designated and calculated.
3. There is evidence that the entity will increase its economic benefits by carrying out the sale transaction.
4. The ownership of the property was transferred to the buyer.
5. The costs of the sales transaction are determined unambiguously.

Income and expenses from writing off fixed assets from accounting are credited to profit and loss as other income and expenses.

Example No. 2. Company A sold a building to company B for 2 million rubles. (VAT – 305,084 rubles). The object was handed over on March 1, 2021. The right to property was registered on April 30. 2021 Initial cost of the structure - 4.5 million; depreciation amount - 3 million.

The selling company made accounting entries:

The tax documents of company A (seller) reflect (rub.):

• Sales income 1,694,916 (2,000,000 – 305,084)
• Expenses 1,500,000
• Profit from sales 194,916

Purchase of non-residential premises from a legal entity.

State registration of rights is carried out in the following order:

— acceptance of documents necessary for state registration of rights, registration of such documents with the obligatory attachment of a document confirming payment of the state duty;

— legal examination of documents and verification of the legality of the transaction;

— establishing the absence of contradictions between the declared rights and already registered rights to a given real estate object, as well as other grounds for refusal or suspension of state registration of rights;

— making entries in the Unified State Register of Rights to Real Estate in the absence of these contradictions and other grounds for refusal or suspension of state registration of rights;

— making inscriptions on title documents and issuing certificates of state registration of rights.

State registration of rights is carried out no later than one month from the date of submission of the application and documents required for state registration and issuance of the Certificate. In Yaroslavl, registration of rights is carried out within 12 days in the absence of any contradictions.

Registration of a transaction consists of three parts:

— registration of the purchase and sale agreement;

— registration of transfer of rights (from the Seller);

— registration of rights (to the Buyer).

Do you remember everything?

What then?

After 12 days, you receive a Certificate of Ownership, or receive a letter from the Office of the Federal Registration Service for the Yaroslavl Region about the suspension of registration with a requirement to eliminate the contradictions within a time limit, or a refusal to register. Why? Firstly, due to a banal typo in the contract, an error in the data of one of the parties, or an incorrectly completed application. Secondly, due to the absence of any necessary certificate, a copy of any document or due to the establishment of contradictions. Thirdly, you may become a victim of scammers (and this also happens). The first two options, of course, can be corrected - if the seller has not left and is still alive and well, you can get back together and change the shortcomings. What if he left, and what if he is not healthy or is no longer alive? This situation may be a slight fright for you, provided that you have not yet given the money, and vice versa, a disaster if, having indicated in the contract “... an amount of money in such and such an amount was paid by the Buyer to the Seller at the time of signing this agreement ...” they transferred in full... or transferred money.

So, I’m not giving advice, read the methods/methods/options for calculating a transaction from practice, with a description of the pros and cons for each party to the transaction. The choice is yours!

Option #1. The parties settled in cash. The buyer brought the “bag of money” to the court and handed it over to the seller before signing the contract.

Pros:

Salesman. There are nothing but advantages - I saw the money, touched it, counted it, received it, signed the contract. You can put it under the mattress or in the bank - they are already property!

Buyer: None.

Minuses:

Seller: You need to persuade powerful friends/acquaintances to attend the transaction and accompany you to the bank or home.

Buyer: Nothing but negatives. The money has already been given, no one has checked the apartment and the rights to it, the right may not be registered. In short, there are 10-30 days of hassle ahead.

Option #2. The parties settled in cash. The buyer brought the “bag of money” to the court and, after signing the contract, handed it over to the seller.

All the same pros and cons for each side. The difference between the options is 2-5 seconds, and a half-hour explanation to the seller that first the signature, and then the money.

Option No. 3, 4. The parties paid by bank transfer. Everyone met at the bank before or after signing the agreement and transferred money from account to account.

The pros and cons are still the same, except for powerful friends. Everything is the same as in the first versions, only it looks intelligent... and with non-cash money.

Option No. 5. The parties paid by bank transfer. Everyone met at the bank and transferred 50%. Then go to the justice department and sign the agreement. Then again to the bank, transfer 50%.

Pros and cons are unchanged for the parties. Mighty and cheerful friends are also resting. Extra tramping, hours-long negotiations. There appears to be a 50/50 division of responsibility, although everything happens according to the principle of options No. 1 and 2.

Option No. 6. No payment on the day of signing the contract. The agreement states: “... settlement between the parties at the time of signing the agreement was not made, which, by agreement of the parties, is not an obstacle to registering the transfer of rights. The calculation will be made after registration of the transfer of rights and registration of ownership of the Buyer within 2 days after receipt of the Certificate of Ownership. The pledge does not occur by force of law, by agreement of the parties.”

Pros:

Buyer: Complete victory over the seller!

Seller: None.

Minuses:

Buyer: None.

Seller: No money, sold the apartment. I wish I could live to see the reckoning...

Next are serious calculation schemes, no jokes...

Option No. 7. Partial payment with a deposit. At the time of signing the contract, the buyer pays the seller 10-20-30-40-50% (preferably with a deposit), the contract is signed by the parties, and ownership passes to the buyer. After registration of the right, the buyer has a Certificate of Ownership in his hands, but with an encumbrance - PLEDGE (MORTGAGE) BY THE FORCE OF LAW, until full settlement between the parties. After settlement, you must meet again in justice to submit an application for settlement and removal of the encumbrance. Another 12 days to make changes to the register to remove the encumbrance - and a new Certificate without encumbrances.

Pros: Relative safety for both parties. Don't forget to complete the Earnest Money Agreement.

Risks: The seller may avoid removing the encumbrance. The buyer may not pay after registering the right.

Option No. 8. Partial payment without collateral. At the time of signing the contract, the buyer pays the seller 10-20-30-40-50% (preferably with a deposit), the contract is signed by the parties, and ownership passes to the buyer. The contract must indicate that “..by agreement of the parties, the pledge does not arise by force of law.” The buyer receives a Certificate of Title and pays the seller. Repeated visit to the court to submit an application for settlement.

Pros: Good security for the buyer.

Risks: The seller is at risk - the buyer may not pay after registering the right.

Option number 9. No payment, but with a deposit. The contract is signed by the parties, no payment has been made, and ownership passes to the buyer. After registration of the right, the buyer has a Certificate of Ownership in his hands, but with an encumbrance - a PLEDGE BY FORCE OF LAW, until full settlement between the parties. After settlement, you must meet again in justice to submit an application for settlement and removal of the encumbrance. Pros and risks of Option No. 7.

Option No. 10. Notaries. Everyone met at the notary, signed the agreement, paid and ran to the court to register the agreement, transfer of rights and registration of rights.

Pros: I think it’s an ideal option for everyone + the notary’s responsibility for the transaction, determining the legal capacity of the parties, etc.

Cons: The seller needs to collect an extended package of documents. Negotiations on payment of notary fees. The contract contains the real value.

Payment of duty: for a transaction over 1 million rubles, the amount of duty will be 10,000 rubles. + 0.75% of the cost of the apartment.

Option No. 11. The so-called “two-stage deal”. At the first stage, on the day of signing the contract, the parties submit applications to register only the contract, without transferring the rights of the seller and registering the rights of the buyer. No calculation is made. Second stage: 12 days later, after registering the agreement and checking the provided documents, the parties meet again to calculate and submit applications for the transfer of rights and registration of rights. Another 12 days to register the transfer and rights - that’s all.

Pros: The buyer pays only after legal verification of the contract and documents for the apartment.

Disadvantages: The buyer may refuse to buy the apartment (changes his mind), the seller will have to restore his right.

Note: The most suitable option for doubters.

Option No. 12. Bank safe deposit box. The safe is rented under an agreement that includes the conditions for opening the safe deposit box. Very intelligent and very confusing. Lots of conventions. I signed up twice and swore not to use it. I won’t describe it; gourmets can find out everything in the jars.

Option No. 13. Bank letter of credit. The buyer opens an account in rubles or foreign currency. Funds are blocked until the agreed documents are received, for example, a Certificate of Title. When the papers are presented, the funds are transferred to the seller’s pre-opened account.

Cons: If the deal falls through, you won’t be able to simply withdraw your money from the blocked account.

Option No. 14. Deal with registered ones. Regular transaction, but the seller does not check out until full payment is made. All conditions are specified in the contract.

Notes: A rarely practiced scheme in Yaroslavl, but quite real.

Of course, most transactions take place in an atmosphere of kindness, honesty and decency. But in my opinion, this idyll sometimes develops not because of the human qualities of the participants, but because of ignorance of their risks in real estate transactions.

Accounting when purchasing real estate. Depreciation calculation

The organization that purchased the property accepts it for registration regardless of the fact of registration of the right to the property. The property is one of the types of fixed assets, therefore it is subject to inclusion in a separate depreciation group. From the beginning of the month following the purchase, the amount of depreciation is calculated. Read also the article: → Depreciation of fixed assets: types, calculation features, use in management.

For tax accounting, it is important to comply with the following requirements:

1. The company prepared and submitted documents for state registration.
2. The facility has already been put into operation.

Most often, a company that has purchased real estate uses the straight-line depreciation method (see → methods for calculating depreciation of fixed assets in accounting). The rate is determined based on the period of useful use. It is reduced by the number of years (months) of work at the previous enterprise.

The useful life of the OS is determined by one of the following methods:

1. Taking into account the useful life of the total.
2. Based on its remainder.

Important! When choosing the second option, you should have a document confirming the period of use of the OS by the previous owner. If this is not possible, then you need to go with the first option. The organization can set this period independently.

Example No. 3. (Following the data of example No. 2). The buyer records in his accounting:

Accounting for the purchase of objects

The company that purchased the property takes it into account regardless of whether the property is registered. Real estate is included in fixed assets, and therefore is included in a special depreciation group. From the first day of the month following the month of acquisition, depreciation begins to accrue. For tax accounting of objects, these conditions must be met:

• Papers have been sent for registration.
• The property has been put into operation.

As a rule, enterprises use the straight-line method of calculating depreciation. The rate is based on the useful life period. The time during which the property was used by the previous owner is deducted from this period. The useful life period can be determined by these methods:

• Based on total useful life.
• Remaining term.

If the second method is used, the company must have a document confirming the period of operation of the object by the previous owner. In the first option, the company sets the deadline independently. When purchasing real estate, the buyer must make these entries:

• DT08 KT60. Receipt of object.
• DT01 KT08. Acceptance of real estate for accounting as fixed assets.
• DT19 KT60. Allocation of VAT amount.
• DT68 KT19. Acceptance of VAT deduction.

Opposite each posting should be the date on which the accounting was completed.

Technical inventory of real estate objects

Real estate objects are individually defined things. They are subject to a single accounting and registration procedure - starting with cadastral registration and ending with the preparation of documents for ownership. Accounting involves assigning a specific number, called a cadastral number. It is unique and not repeated throughout the country over time.

This happens in the process of cadastral and technical accounting, in the manner prescribed by law. Inventory of real estate - capital construction projects, and cadastral registration of land are needed for the official registration of rights. This ensures the participation of resources in circulation.

The procedure for conducting them is regulated by regulations of the executive branch, but not by federal laws. Failure to assign a cadastral number to an OS object during technical registration cannot prevent its state registration.

Real estate accounting

Real estate accounting is carried out in accordance with these acts:

• Accounting regulations established by Order of the Ministry of Finance No. 26 n dated March 30, 2001.
• Guidelines for accounting for OS No. 91.

the write-off of buildings and other real estate in accounting ?

Accounting should not contradict general rules. There are conditions for real estate to be included in the list of fixed assets (hereinafter referred to as fixed assets):

• Real estate is necessary for conducting the main activities of the company (sale of products, provision of services).
• The facility will be in operation for longer than a year.
• The company does not plan to resell.
• The facility is expected to provide financial benefits. In this case, its acquisition will be considered justified.

The list of these conditions is given in paragraph 4 of PBU 6/01. These rules apply to all fixed assets to which real estate belongs. Accounting is carried out based on the cost of the object. This cost is formed based on the company’s actual expenses for purchase, assembly, and production. All taxes and government fees are deducted from this amount. However, registration fees may be included as expenses because they are associated with the purchase. That is, expenses for state registration of real estate will be written off as current expenses. Write-offs are carried out in accordance with general accounting rules.

Question: In 2021, an organization acquired and registered a property that is used in transactions subject to and exempt from VAT. VAT was accepted for deduction in 2021. In what order should VAT be restored for periods of use of the property in VAT-free transactions in 2019? View answer

Purchasing objects taking into account the new rules is not considered a capital investment.

They are recognized as OS objects on the date of appearance of documents confirming their readiness for operation.

These may be documents such as a transfer and acceptance certificate, permission to put the facility into operation. Depreciation will be calculated on a general basis from the first day of the month following the month in which the property was accepted for accounting. In 2011, the procedure for accounting for objects was changed. In particular, new regulations abolished these conditions:

• Documents on registration of the object are optional.
• Actual operation is not necessary.
• Depreciation is not charged if the property remains on account 08.

How to reflect in accounting transactions for the acquisition of real estate (industrial building) ?

Since 2011, property has been accepted for accounting as fixed assets if it meets these requirements:

• Compliance with the provisions of paragraph 4.5 of PBU 6/01.
• Capital investments are completed.
• There are documents confirming readiness for use.

Registration for inclusion of property in the OS is optional. Depreciation of property will depend on when it is recorded. The month of acceptance for accounting is the month in which investments were completed and the object began to meet the characteristics specified in paragraph 4 of PBU 6/01. For depreciation, it is not necessary to transfer papers for registration. The object can be accepted into the OS on the date of signing the transfer and acceptance certificate.

Real estate accounting in SNT - features

SNTs are non-profit organizations, which means they must maintain full accounting records - from developing accounting policies to submitting reports to tax and statistical authorities. The statutory activities of SNT are not subject to taxes. Therefore, VAT on purchased fixed assets is included in their cost.

Real estate built on its own must be reflected in accounting at the amount of actual expenses.

For detailed accounting of land areas and other real estate received by SNT as a property share, you need to keep an appropriate book. It consists of three sections, taking into account:

• area of ​​land plots;
• implicit OS;
• inventory data.

When SNT receives from local authorities, for example, a land ownership deed or a lease agreement, an entry must be made about this in the property accounting book.

⊕ accounting of property, land and electricity in SNT

Accounting for real estate in a commercial organization

Annotation. The article is devoted to the organization of real estate accounting in commercial organizations. The author examined the regulatory framework for real estate accounting and options for its reflection.

Key words: real estate, fixed assets, accounting, commercial organization.

The problems of accounting for real estate are important for Russian organizations, since such objects occupy a significant share of the assets of many of them. Incorrect accounting of real estate significantly distorts the financial statements of Russian companies and misleads interested users.[7].

Real estate, according to Article 130 of the Civil Code of the Russian Federation, includes land plots, subsoil plots and other objects firmly connected to the land, that is, objects whose movement without disproportionate damage to their purpose is impossible, including buildings, structures, unfinished construction projects[1 ].

Real estate objects are special goods. First of all, this is due to the fact that the right of ownership and other real rights to them, the limitation, emergence, transfer and termination of these rights are subject to state registration in the unified state register (Article 131 of the Civil Code of the Russian Federation). At the same time, rights to property subject to state registration arise from the moment of their registration, unless otherwise established by law (Part 2 of Article 8 of the Civil Code of the Russian Federation). [10]. In addition to the Civil Code of the Russian Federation, the concept of “real estate” (real estate) is contained in Art. 1 of the Federal Law of July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it” - these are land plots, subsoil plots and all objects that are connected to the land in such a way that their movement without disproportionate damage to their purpose is impossible , including buildings, structures, residential and non-residential premises, enterprises as property complexes.[3].

A more detailed definition of real estate is given in a number of other regulatory legal acts of the Russian Federation. Thus, the Land Code of the Russian Federation (Land Code of the Russian Federation) defines a land plot in the form of the earth's surface, the boundaries of which are determined in accordance with federal laws (Article 11.1 Chapter 1 of the Land Code of the Russian Federation).[2].

The right of ownership and other real rights to immovable things, restrictions on these rights, their emergence, transfer and termination are subject to state registration in the unified state register by the bodies carrying out state registration of rights to real estate and transactions with it (clause 2 of article 130, clause 1 Article 131 of the Civil Code of the Russian Federation).

In accordance with Article 48 of the Civil Code of the Russian Federation, a legal entity as an organization that has separate property in ownership, economic management or operational management must have an independent balance sheet or estimate.

The balance sheet, as an officially established form of accounting for the property of a legal entity acquired in the process of economic activity and civil turnover, is a source of legally significant information in accordance with the civil code.[9].

Accounting for real estate objects has its own specifics, associated both with the physical nature of these objects and with the need to carry out measures for state registration of real estate, including work on technical inventory and accounting, and work on land management and cadastral registration land plots on which these objects are located. Actions related to state registration are also subject to reflection in accounting and affect the procedure for carrying out accounting operations in relation to scientific research objects, especially the formation of the accounting value of objects, accounting for depreciation and depreciation.[9].

The accounting and subsequent valuation of real estate in RAS differ significantly from their accounting and subsequent valuation in accordance with IFRS, despite the policy pursued by Russian regulators to bring Russian accounting rules closer to international financial reporting standards.

In Russian accounting practice, real estate objects are classified, as a rule, as fixed assets and are reflected in account 01 “Fixed Assets.”[6]. In addition, real estate objects can be classified:

— as profitable investments in material assets and accounted for in account 03 “Income-generating investments in material assets”; — as investments in non-current assets and accounted for in account 08 “Investments in non-current assets”; - as goods and accounted for in account 41 “Goods”.[7]. Unlike IFRS, Russian standards do not imply the inclusion in the cost price of pre-calculated costs for the restoration of a land plot in the event of natural and/or man-made impacts.[7]. For tax accounting purposes, it does not matter how the owner of the property accounts for it in accounting. In tax accounting they are always reflected as depreciable property.[10].

Accounting for real estate assets as fixed assets is carried out on the basis of a number of regulatory documents adopted in development of the Federal Law on Accounting, in particular these include:

Accounting Regulations “Accounting for Fixed Assets” PBU 6/01 (approved by Order of the Ministry of Finance of the Russian Federation dated March 30, 2001 N 26n;

All-Russian Classifier of Fixed Assets (approved by Resolution of the State Committee of the Russian Federation for Standardization, Metrology and Certification dated December 26, 1994 N 359, as amended by Amendment 1/98, approved by the State Standard of the Russian Federation on April 14, 1998);

Resolution of the State Statistics Committee of the Russian Federation dated January 21, 2003. N 7 “On approval of unified forms of primary accounting documentation for accounting of fixed assets”;

Resolution of the State Statistics Committee of the Russian Federation dated December 8, 2003. N 111 “On approval of the procedure for filling out and submitting forms of the Federal State Statistical Observation N 11 “Information on the availability and movement of fixed assets (funds) and other non-financial assets” and N 11 (brief) “Information on the availability and movement of fixed assets (funds) of non-profit organizations" (as amended by Rosstat Resolution No. 148 dated December 16, 2004).

As follows from paragraph 29 of PBU 6/01 “Accounting for fixed assets” (approved by order of the Ministry of Finance of Russia dated March 30, 2001 No. 26n, hereinafter referred to as PBU 6/01), disposal of a fixed asset item takes place, in particular, in the case of its sale and other disposal methods reflected in PBU 6/01. The same paragraph states that the cost of a fixed asset item that is being disposed of is subject to write-off from accounting, for which a number of entries are made:

Debit 01, subaccount “Retirement of fixed assets” Credit 01, subaccount “Own fixed assets” - the original cost of the building is written off; Debit 02 Credit 01, subaccount “Retirement of fixed assets” - the amount of accumulated depreciation on the retiring building is written off; Debit 91, subaccount “Other expenses” Credit 01, subaccount “Disposal of fixed assets” - the residual value of the retiring building is written off. Until January 1, 2011, in accordance with the Regulations on accounting and financial reporting in the Russian Federation (approved by order of the Ministry of Finance of Russia dated July 29, 1998 No. 34n) and Methodological guidelines for accounting of fixed assets (approved by order of the Ministry of Finance of Russia dated October 13, 2003 No. 91n), real estate objects that did not undergo state registration were taken into account as part of unfinished capital investments (clause 41 of Order No. 34n and clause 52 of Order No. 91n, respectively). [4].

Order of the Ministry of Finance dated December 24, 2010 No. 186n [5] excluded the rules that established the dependence of the registration of a property on the availability of documents confirming state registration of ownership of the property. Therefore, from January 1, 2011, an organization that has received a piece of real estate, the ownership of which is subject to state registration, must accept it for accounting as a fixed asset if the conditions specified in paragraph 4 of PBU 6/01 are simultaneously met, regardless of the fact of state registration of property rights .[1].

In this case, a number of entries are made in the accounting of a commercial organization:

Debit 08 “Investments in non-current assets”, Credit 60 “Settlements with suppliers and contractors” - reflects the purchase price of the building without VAT on the date of transfer of ownership;

Debit 19 “Value added tax on purchased assets”, Credit 60 “Settlements with suppliers and contractors” - “input” VAT on the transaction;

Debit 01 “Fixed assets”, Credit 08 “Investments in non-current assets” - the cost of the building is taken into account as part of fixed assets as of the date of the acceptance certificate.[8].

The fee for state registration, collected by the justice authorities on the basis of the Federal Law on State Registration of Rights, falls within the scope of subparagraph 4 of paragraph 2 of Article 146 of the Tax Code of the Russian Federation and on this basis does not form an object of VAT taxation.

For real estate objects for which capital investments have been completed, the corresponding primary accounting documents for acceptance and transfer have been drawn up, the documents have been submitted for state registration and are actually in use, depreciation is accrued in the general manner from the first day of the month following the month the object was put into operation. When accepting these objects for accounting as fixed assets after state registration, the previously accrued depreciation amount is clarified. It is allowed for real estate objects for which capital investments have been completed, the corresponding primary accounting documents for acceptance and transfer have been drawn up, the documents have been submitted for state registration and are actually in use, to be accepted for accounting as fixed assets with allocation on a separate sub-account to the fixed assets accounting account.[ eleven].

Links to sources

1. Civil Code of the Russian Federation. – M.: OMEGA-L, 2014.
2. Land Code of the Russian Federation. – M.: OMEGA-L, 2014.
3. On state registration of rights to real estate and transactions with it: Federal Law of July 21, 1997 N 122-FZ. [Electronic resource]. – M., [2014]. – Access mode: information and legal reference system GARANT.
4. Order of the Ministry of Finance of the Russian Federation dated October 13, 2003 N 91n “On approval of guidelines for accounting of fixed assets.” [Electronic resource]. – M., [2014]. – Access mode: information and legal reference system GARANT.
5. Order of the Ministry of Finance of the Russian Federation dated December 24, 2010 N 186n “On introducing amendments to regulatory legal acts on accounting and invalidating the order of the Ministry of Finance of the Russian Federation dated January 15, 1997 N 3.” [Electronic resource]. – M., [2014]. – Access mode: information and legal reference system GARANT.
6. Chart of Accounts. Instructions for use (approved by order of the Ministry of Finance of the Russian Federation dated October 31, 2000 No. 94-n, as amended by order of the Ministry of Finance of the Russian Federation dated May 7, 2003 No. 38-n - with amendments dated September 18, 2006). - Novosibirsk: Siberian University Publishing House, 2010. - 111 p.
7. Accounting services in Moscow. Access mode: https://www.mosbuhuslugi.ru/ (access date 07/03/2014)
8. Degtyarev S., Real estate sales. “Financial newspaper” No. 48, 2003. Access mode: https://www.klerk.ru/buh/articles/6428. (date of access: 07/04/2014)
9. Zrelov A.P., Krasnov M.V., Chesnokova O.K. Registration of rights to real estate and transactions with it: legal and tax aspects. Access mode: . https://av-ue.ru/zrelov.php?d=zrelov_1_1_5.htm (date accessed 07/04/2014)
10. Kartashova E.I. Purchase and sale of real estate: accounting and taxation. Access mode: https://www.ipbmr.ru/?page=vestnik_2011_5_kartashova (access date 07/03/2014)
11. Kolesov Yu.B., Senichenkov Yu.B. Simulation modeling of complex dynamic systems. Access mode: https://www.exponenta.ru/soft/others/mvs/ds_sim.asp) (access date 04/20/2012).