Inventory of fixed assets is a procedure necessary for every enterprise. Inventory is the process of reconciling the actual availability of objects and their location with accounting data. This important procedure allows you to identify inconsistencies between accounting and actual data, and identify surpluses and deficiencies.
The procedure is regulated by the Methodological Instructions for Inventory of Property and Financial Liabilities.
Before you start taking inventory, you need to prepare - check the following points:
- Availability and correct completion of documents on fixed assets: inventory cards, inventory books, inventories and other documents;
- Availability of technical documentation for fixed assets;
- Availability of documents for rented objects, as well as for leased ones.
If any documents are not found or damaged, they should be restored, obtained or executed.
Before starting the procedure, a receipt is taken from the financially responsible persons stating that all objects are at their destination and accounted for.
Inventory can be carried out in the following cases:
- Control check;
- Change of financially responsible person;
- The next scheduled inspection, etc.
The procedure for conducting an inventory of fixed assets
This procedure must be accompanied by proper documentation.
First of all, the decision to conduct an inventory of fixed assets is enshrined in the order. For this purpose, there is a unified form INV-22. This order states which assets are subject to inspection, sets the date for the procedure, as well as the composition of the inventory commission.
Sample order INV-22:
The formation of an inventory commission is an integral part of this process. It should include representatives of the accounting department, financially responsible persons, representatives of the management team, and third parties who are not employees of the enterprise. The functions of the formed commission include monitoring the inventory process, preparing the necessary documentation and issuing a final conclusion.
When the date specified in the order arrives, a check of the availability and condition of the enterprise’s fixed assets begins.
The commission inspects all objects, enters information about the inspected objects into special inventory records in the INV-1 form:
- Name,
- Purpose;
- Inventory number;
- Technical and operational indicators.
When making an inventory of buildings, structures, and land plots, the availability of documents confirming the location of these objects in the ownership of the organization is checked.
Inventory lists are compiled in two copies: for the accounting department and for the financially responsible person.
When making an inventory of leased fixed assets, inventories are compiled in triplicate, the third version of the inventory is transferred to the direct owner of the object.
For fixed assets for which discrepancies are identified during the inventory process, matching statements are compiled in the INV-18 form.
The matching statement is also drawn up in two copies: for accounting employees who will make the necessary entries to account for surpluses and write off shortages, and for the materially responsible person.
Objects that have fallen into disrepair and cannot be restored are reflected in a separate inventory indicating the date of commencement of use, as well as the reason why they are not suitable for use.
Objects under repair are also reflected separately; an inventory report of unfinished repairs in the INV-10 form is filled out for these fixed assets.
Objects that are listed in the organization, but do not belong to it, for example, those that are in custody, are entered into separate matching statements.
All inventory documents are certified by the signatures of financially responsible persons and members of the commission headed by the chairman.
The final results of the inventory of fixed assets are entered into the statement of results, form INV-26.
OS inventory accounting
The results of the inventory are subject to immediate reflection in the accounting records of the enterprise. Identified surpluses and shortages must be reflected using accounting entries in the month in which the inventory procedure was carried out.
All identified surpluses and shortages must be explained by financially responsible persons.
Accounting for surplus (postings)
Surpluses are items not accounted for in accounting.
The surpluses identified during the inventory process are credited to the fixed assets account (account 01) in correspondence with the account (account 91). Acceptance of surpluses for accounting is carried out through 08 account, the same as in the case. Postings for accepting surplus look like: D08 K91/1 and D01 K08. Such fixed assets are accepted at the average market value as of the current date.
Write-off of shortages (postings)
The identified shortage is written off from account 01 to the debit of account 94 “Shortages and losses from damage to valuables.” When decommissioning an object, you must complete three steps:
- write off from account 02 the accrued amount for the missing object (entry D02 K01/2),
- write off the original cost of the missing object from account 01 (entry D01/2 K01/1),
- write off the residual value of the missing item from account 01 (entry D94 K01/2).
In order to write off an object, it is necessary to open subaccount 2 on account 01, transfer the initial cost of the missing object to its debit, and accrued depreciation to its credit. After that, the residual value of the loan account 01/2 will be determined, which must be written off as a deficiency. Read more about the process of disposal of fixed assets.
- the guilty person has not been identified, in this case the shortage is written off as other expenses using posting D91/2 K94. In this case, there must be documentary evidence of the absence of the perpetrators or a refusal to recover damages from the perpetrator.
- the guilty person is identified, in this case the shortage is written off to the debit of subaccount 2 of account 73 “Settlements with personnel for other operations” by posting D73/2 K94. Next, the employee either deposits the shortage in cash (entry D50 K73/2) or it is deducted from his salary (entry D70 K73/2). If the market value of the missing item is recovered from the guilty person, then the difference between the amount of the deficiency and the market value is charged to account 98 “Deferred income”.
Accounting entries for accounting for inventory of fixed assets:
It happens that some of the company’s property is not capitalized on time. This can be caused by various reasons: the accountant “forgot” to register the valuables, the supplier’s documents were “lost” irretrievably, the things were purchased by the director with his own money, etc. But sooner or later such property will have to be reflected on the balance sheet. What's the best way to do this? There are several ways.
Whichever one suits you, use it. In this case, the procedure for paperwork, accounting and taxation will be different for each case. So, the property can be reflected as:
- additional contribution of the founder-citizen;
- “purchase” from an employee;
- “rent” from an employee;
- personal property of the employee for the use of which compensation is due;
- “received free of charge” from a citizen;
- “identified” during inventory.
Let’s make a reservation right away: no matter which of the listed options you choose, there can be no question of any offset of input VAT. There's probably no need to explain why. After all, the main condition for obtaining a VAT deduction is the presence of an invoice (Clause 1, Article 172 of the Tax Code of the Russian Federation). But you won’t have exactly these documents. Since in the first five cases the value will be given to you by a person. And people, as you know, are not VAT payers, so they do not issue invoices (Article 143 of the Tax Code of the Russian Federation). Due to the absence of an invoice, there will be no input tax on property “identified” during the inventory. After all, the supplier from whom the company could once purchase this property and receive purchase documents (including an invoice) can no longer be found. Now let's look at each of the options in more detail.
Additional founder contribution
If your company is a limited liability company, and among the founders there are individuals, then this option is for you. The authorized capital of a company can be increased through additional contributions from its participants. Let this contribution be your unaccounted property.
Before increasing the authorized capital, you need to make changes to the constituent documents. This takes time and effort, so companies don’t do this often. But, in our opinion, it is completely in vain. After all, the size of the authorized capital indicates the “solidity” of the company and the capitalization of its assets. In addition, a company with a turnover of millions of rubles and an authorized capital of 10,000 rubles will cause confusion, for example, among a foreign investor. And some types of activities cannot be carried out if the authorized capital is below a certain minimum. In particular, it is impossible to produce alcoholic products if the company’s authorized capital is less than 10 million rubles. Thus, increasing the authorized capital is a labor-intensive task, but it is by no means useless.
So, at the general meeting of the company’s participants, you need to make a decision to increase the authorized capital through additional contributions. To determine the value of the deposit at which it needs to be reflected in accounting, evaluate your “unaccounted for” property. But it is best if an independent appraiser does this.
Please note: if the item is expensive, then the “help” of an independent appraiser is required!
As for tax accounting, the Tax Code (Article 277 of the Tax Code of the Russian Federation) requires you to act as follows. If the founder is a citizen, then you need the “former” owner to give you the documents for the property. These “papers” must indicate the cost of the item. Then you need to subtract the amount of depreciation from this cost. Moreover, the code does not say anything about how to determine this wear. But whatever the value of the property on the “papers” and the amount of depreciation, it is possible to reflect the object in tax accounting at a price not exceeding the market price. And this market price must be confirmed by an independent appraiser. If the founder does not have documents for the property (which applies to our case), then the received item will have to be reflected in tax accounting “at a cost equal to zero.” This means that the company will not be able to expense depreciation charges on such property.
Now let's look at the valuation of the founders' shares. Of course, if the share of the founder - an individual in the authorized capital of the company is equal to 100 percent, then with an increase in the authorized capital this share will remain unchanged. Only its nominal value will increase.
But what if there are several participants? After all, each of them has their own share. For example, a company has three founders, whose shares in the authorized capital are 50 percent, 25 percent and 25 percent. In this case, two options are possible:
- increase the authorized capital, leaving the ratio of shares unchanged;
- increase the authorized capital with a change in the ratio of shares of participants.
The corresponding decision must be made at a general meeting of the company.
To obtain a certificate of registration of changes in the constituent documents, you need to submit for state registration the “papers” listed in Article 19 of the Federal Law of February 8, 1998 No. 14-FZ “On Limited Liability Companies”.
In accounting, this transaction is reflected in the following entries:
Debit 08 (04, 10, 41) Credit 75-1
- property received as the founder’s contribution to the authorized capital is reflected;
Debit 75-1 Credit 80
- reflects the increase in the authorized capital after registration of changes in the constituent documents.
In tax accounting, property received as a contribution to the authorized capital is not included in taxable income (subclause 3, clause 1, article 251 of the Tax Code of the Russian Federation).
Note: this option is labor-intensive, time-consuming, but not too expensive. You will only have to pay for the work of the appraiser and the state fee for registering changes in the constituent documents.
How to reflect the services of an appraiser in tax accounting?
These expenses (as additional expenses for the deposit) can be included in the cost of the item contributed to the authorized capital (Article 277 of the Tax Code of the Russian Federation) if three conditions are met:
- these costs were borne by the transferring party (that is, the founder);
- they are part of the contribution to the authorized capital;
- the transferring party (founder) is a Russian company.
In other words, firstly, the founder must pay for the work of the appraiser, therefore all documents from the appraisal company must be issued to him. Secondly, the constituent documents must state that the authorized capital increases not only by the cost of the contributed property, but also by the cost of the appraiser’s services. And thirdly, these rules apply if the founder who contributes the property is a Russian company. Our case is different (the founder is a citizen). And if values are contributed by a person or a foreign company, then, according to financiers, this procedure does not apply (letter of the Ministry of Finance of Russia dated November 16, 2005 No. 03-03-04/1/371).
Thus, in our case, it is impossible to take into account additional expenses (appraisal services) in the cost of the received property. It will not be possible to attribute them to “tax” expenses and under any other item.
As for the state duty, subparagraph 1 of paragraph 1 of Article 264 of the Tax Code allows it to be attributed to other “tax” expenses.
“Purchase” from an employee
To put unaccounted property on your balance sheet, for which there are no documents, you can “buy” it from your employee. To do this, you need to issue a purchase act. You can compose it in any form. A procurement act in form No. OP-5 (approved by Resolution of the State Statistics Committee dated December 25, 1998 No. 132)* is suitable as a sample. Just remember to approve its form in your accounting policy.
Please note: the act drawn up by you must contain the following mandatory details (Article 9 of the Federal Law of November 21, 1996 No. 129-FZ “On Accounting”):
- Title of the document;
- date of document preparation;
- the name of the company on behalf of which the document was drawn up;
- content of a business transaction;
- measuring business transactions in physical and monetary terms;
- the names of the positions of those responsible for carrying out this operation;
- personal signatures of these employees.
In addition to the required details, indicate in the act information about the employee: his address and passport details, TIN, number of the insurance certificate in the Pension Fund.
The company can pay an employee for the property “purchased” from him in cash (through the cash register using an expense cash order). At the same time, the limit on cash payments (60,000 rubles per transaction) does not apply in this case. This rule applies only to cash payments between companies.
Make the following entries in your accounting:
Debit 08 (04, 10, 41) Credit 76
- reflects the cost of property purchased from an employee;
Debit 76 Credit 50
- cash was given to the employee for property purchased from him.
This option is suitable if, for example, you were going to give one of your employees a bonus or financial assistance. The amount of the premium is the cost of the “purchase”.
You do not need to withhold and pay personal income tax to the budget from such a payment, because in this case you are not a tax agent (clause 2 of Article 226 of the Tax Code of the Russian Federation). The person who “sold” you “his property” will pay this tax himself (Clause 1, Article 228 of the Tax Code of the Russian Federation).
By April 30 next year, your employee must submit a personal income tax return to his tax office. Together with the declaration, the employee submits an application for a property tax deduction (Article 220 of the Tax Code of the Russian Federation). This deduction is provided to a person not by the tax agent (employer), but by the tax office.
In addition, before April 1 of the next year, the accountant will have to submit information about this employee to the tax office using Form 2-NDFL.
Please note: it is often unsafe for the latter to “buy” property from the same employee. Tax authorities may decide that he is conducting business without registering as an individual entrepreneur. And for this there is a fine - 10 percent of the income received, but not less than 20,000 rubles (Article 117 of the Tax Code of the Russian Federation).
The money you pay to an employee for property purchased from him is not subject to the single social tax. After all, these will be payments within the framework of a civil contract, the subject of which is the transfer of ownership of things. And such payments of the Unified Social Tax are not subject to taxation (clause 1 of Article 236 of the Tax Code of the Russian Federation). As for contributions to compulsory pension insurance, they are calculated on the same payments as the Unified Social Tax (Clause 2, Article 10 of the Federal Law of December 15, 2001 No. 167-FZ). And since there is no base for calculating the unified social tax, it means there is no base for “pension” contributions.
If the item you are “buying” is a primary item, pay attention to the following important points.
As a general rule, having purchased a “used” object, a company can reduce its useful life by the number of years (months) of operation by the former owner (Clause 12, Article 259 of the Tax Code of the Russian Federation). And, accordingly, calculate “tax” depreciation on a used item based on the reduced service life. However, for our case this order is not suitable.
The fact is that your employee does not have documents not only for the acquisition of this property, but also papers confirming the period of its useful use and operation. Therefore, the rate and amount of depreciation will have to be determined based on the entire service life of the object. On the value of fixed assets determined according to accounting rules, you will need to pay property tax (Clause 1, Article 374 of the Tax Code of the Russian Federation).
"Rent" from an employee
You can enter into a lease agreement with an employee for “unaccounted for” property. But by and large, you can only rent fixed assets, intangible assets and inexpensive items (costing less than 20,000 rubles) with a long service life.
Agree that goods, raw materials and materials cannot be “rented”. It is impossible to even imagine how to use this property as a rental property. Apparently, only as exhibits in a store window.
If we are talking about fixed assets, then the advantage of the “rental” option over the first two is that you do not have to pay property tax on the rented items.
There is no need to accrue payments under the lease agreement and unified social tax. After all, a lease agreement refers to civil contracts related to the transfer of property for use. And payments under such agreements are not subject to social tax (Clause 1, Article 236 of the Tax Code of the Russian Federation).
Since you don’t need to accrue unified social tax on rent, you don’t need to pay pension contributions either. After all, they are accrued on the same payments for which the Unified Social Tax is accrued (clause 2 of Article 10 of the Federal Law of December 15, 2001 No. 167-FZ).
The full amount of the rent will reduce taxable profit (subclause 10, clause 1, article 264 of the Tax Code of the Russian Federation). But at the same time it will increase the employee’s total income. Therefore, from the amounts paid, the company will have to withhold and transfer personal income tax to the budget (clause 2 of Article 226 of the Tax Code of the Russian Federation) at a rate of 13 percent.
Make the following entries in your accounting:
Debit 26 (25, 44) Credit 73
- rent has been accrued for the use of the employee’s property;
Debit 73 Credit 68 subaccount “Calculations for personal income tax”
- personal income tax (13 percent) is withheld from rental payments to an employee;
Debit 73 Credit 50
- rent was paid to the employee.
Compensation for the use of personal property
You can assign an employee monthly compensation for his use of personal property for business purposes (Article 188 of the Labor Code of the Russian Federation). The need to use this particular thing in work can be confirmed by any documents: an employment contract, job description, orders, local regulations.
True, as in the previous case, personal property in the form of goods, raw materials and supplies is not suitable for use for business purposes. The reason is the same: they cannot be objects of long-term use.
Agree on the amount of compensation with the employee and fix it in the agreement on the use of the employee’s personal property in the interests of the company. It is better to formalize this agreement as an annex to the employment contract.
Compensation payments for the use of personal property are not subject to personal income tax (clause 3 of Article 217 of the Tax Code of the Russian Federation), the unified social tax (subclause 2 of clause 1 of Article 238 of the Tax Code of the Russian Federation) and, accordingly, “pension” contributions. This was also emphasized by financiers (letter of the Russian Ministry of Finance dated March 2, 2006 No. 03-05-01-04/43).
In our opinion, compensation can be taken into account as part of the company’s “other tax” expenses (subparagraph 49, paragraph 1, article 264 of the Tax Code of the Russian Federation). After all, the list of other expenses given in Article 264 of the Tax Code is open, which means that any reasonable expenses can be included here. The main thing is that, in accordance with Article 252 of the Tax Code, these expenses are:
- economically justified;
- documented;
- aimed at generating income.
Note that in this case we are talking about any property other than the employee’s personal car. After all, compensation for its use reduces taxable profit only within the limits of the norms (subclause 11 clause 1 of Article 264 of the Tax Code of the Russian Federation), which were approved by Decree of the Government of the Russian Federation of February 8, 2002 No. 92.
So, economic justification. As mentioned above, the amount of compensation is agreed upon by the head of the company with the employee, whose personal property will be used in the interests of the company. The Tax Code does not limit the amount of such compensation. But financiers believe: for the amount of compensation to be “economically justified”, it must be equal to the amount of depreciation on this property (letter of the Ministry of Finance of Russia dated December 31, 2004 No. 03-03-01-04/1/194). But how can you find out the amount of depreciation if this item is not and will never be on the company’s balance sheet? According to the Ministry of Finance, for this you need to refer to the Classification of fixed assets included in depreciation groups. That is, the company should act like this:
- determine which depreciation group the employee’s property belongs to, find out its service life and calculate the monthly depreciation rate (as a percentage);
- determine the value of this property. True, financiers do not explain how to do this. You should probably take the market price;
- Calculate the monthly depreciation amount by multiplying the cost of the property by the depreciation rate. The result obtained is the amount of monthly compensation.
If the employee’s property is not indicated in depreciation groups, then its useful life is determined in accordance with the technical conditions or recommendations of the manufacturing organizations.
If this data is not available (as in our case), then the company can itself determine the period of actual use of the item.
There is logic in these arguments. After all, compensation is intended to compensate the employee for the wear and tear of his property. Therefore, payments to an employee must be commensurate with the amount of “possible” depreciation of his belongings.
As for documentary evidence, as we have already said, the fact of use of personal property and the amount of compensation for this must be reflected in the employment contract and annex to it. “Papers” confirming your employee’s ownership of the property may also be needed. For example, they may be required by tax authorities. Naturally, your employee does not have such documents. But inspectors will also not be able to prove that your employee is not the owner of the property. In this case, the absence of “ownership” documents, in our opinion, will not be an obstacle to including the entire amount of compensation in “tax” expenses.
Options with rent or compensation are suitable if you are going to increase the employee’s salary. Then the amount of the increase is the amount of rent or compensation.
"Received" for free
You can “receive” property from a citizen for free by concluding a gift agreement with him. Such property must be valued at market value. It is better if you invite an independent appraiser to do this.
Make the following entry in your accounting:
Debit 08 (04, 10, 41) Credit 98-2
- property was received free of charge.
In tax accounting, property received free of charge is classified as non-operating income (clause 8 of Article 250 of the Tax Code of the Russian Federation). You will have to charge and pay income tax to the budget from its market price. This must be done based on the results of the period in which the property was received.
But, if an item is donated by a citizen founder who has a share of more than 50 percent in the authorized capital of your company, then its value is not subject to income tax. True, in order to take advantage of this benefit, it will not be possible to transfer the “gift” to third parties during the year (sub-clause 11, clause 1, article 251 of the Tax Code of the Russian Federation).
In addition, you will pay property tax on the “donated” item if, according to accounting rules, it is included in fixed assets (Clause 1, Article 374 of the Tax Code of the Russian Federation).
“Revealed” during inventory
Formally, property identified as a result of an inventory is not received free of charge. After all, gratuitous transfer requires the presence of two parties: the transmitter and the recipient. And when surplus property is identified as a result of inventory, there is no transferring party. However, there are some similarities in the accounting of both properties.
In accounting, values identified during an inventory are recorded at market value on the date of the inventory. Surplus property identified during inventory is reflected by posting:
Debit 08 (04, 10, 41) Credit 91-1
- property identified during the inventory was capitalized (at market prices).
In tax accounting, the value of such property is included in non-operating income (Clause 20, Article 250 of the Tax Code of the Russian Federation). The amount of income is determined in the same way as in accounting, based on the market value of the identified surplus (subclauses 5, 6 of Article 274 of the Tax Code of the Russian Federation). Profit tax will need to be calculated and paid to the budget on the market price.
Please note: The Code does not define a list of official sources of information on market prices. When determining the market price you can use:
- data from Rosstat, trade inspections;
- publications in the media (for example, the magazine “Products and Prices”);
- data on prices for similar property received in writing from manufacturers.
In addition, you can involve experts and specialists, including independent appraisers.
Let us remind you that in order to conduct an inventory, the manager must issue an order (form INV-22). This order is registered in a special journal (Form INV-23).
The results of the inventory are drawn up in documents according to the forms approved by Decree of the State Statistics Committee of Russia dated August 18, 1998 No. 88.
Please note: if you “identify” a fixed asset during inventory, then, as in the previous case, you will have to include its value in the taxable base for property tax (clause 1 of Article 374 of the Tax Code of the Russian Federation).
In addition, if you later decide to transfer into production the excess materials identified during the inventory, you will be able to write off only 24 percent of their market value as “tax” costs (clause 2 of Article 254 of the Tax Code of the Russian Federation). By the way, the same write-off procedure is used for materials obtained as a result of dismantling a fixed asset.
Example
During the inventory, the company identified and capitalized excess materials in the amount of 50,000 rubles. After two months, part of the surplus in the amount of 30,000 rubles. transferred to production. Having written off materials for production, the company will include the amount of 7,200 rubles in “tax” expenses. (RUB 30,000 x 24%).
In accounting, unlike tax accounting, materials identified during inventory, as well as those obtained during the dismantling of fixed assets, are written off in full. As a result, discrepancies will arise between accounting and tax accounting data. Therefore, you will have to apply PBU 18/02 “Accounting for income tax calculations”.
let's turn to the law
Federal Law of February 8, 1998 No. 14-FZ “On Limited Liability Companies”:
“If the nominal value (increase in nominal value) of the share of a company participant in the authorized capital of the company, paid for by a non-monetary contribution, is more than two hundred minimum wages, ..... such a contribution must be assessed by an independent appraiser. The nominal value (increase in the nominal value) of the share of a company participant, paid for by such a non-monetary contribution, cannot exceed the amount of the assessment of the specified contribution, determined by an independent appraiser.”
opinion
N. Vasiltsev, expert of the berator “Income Tax from A to Z”:
“The Tax Code allows the cost of services of appraisal companies to be included in other costs of production and sales. But only if we are talking about real estate valuation (subclause 40, clause 1, article 264 of the Tax Code of the Russian Federation). This does not apply to the situation discussed in this article. After all, you will agree, it is difficult to imagine that an accountant suddenly accidentally discovered a warehouse building that was not accounted for on the balance sheet. And yet no one has any documents for this building.”
advice
A person who sells his property has the right to receive a property tax deduction for personal income tax. The deduction amount is the cost of the items sold, that is, the amount of money that the citizen received for his property. However, if the item was used for a relatively short time, then the maximum amount of property tax deduction is limited. So, if a person sells property (except real estate) that he has owned for less than three years, then the deduction cannot exceed 125,000 rubles per year. And if we are talking about the sale of a house (apartment, dacha) that was owned by a citizen for less than three years, then the deduction cannot be more than 1 million rubles per year.
it is important
Only the employee himself should use his property. It is this circumstance that distinguishes compensation from rent, in which the employee’s personal property can be used by both himself and other employees of the company.
During the inventory, the organization identified unaccounted for fixed assets. In what order should identified fixed assets be taken into account for the purposes of calculating income tax? Is it legal to charge depreciation on such fixed assets?
In accordance with paragraph 1 of Art. 256 of the Tax Code of the Russian Federation (hereinafter referred to as the Code), depreciable property is property, results of intellectual activity and other objects of intellectual property that are owned by the taxpayer (unless otherwise provided for in Chapter 25 of the Code), are used by him to generate income and the value of which repaid through depreciation. Depreciable property is property with a useful life of more than 12 months and an original cost of more than 20,000 rubles.
The procedure for determining the initial cost of depreciable property is established by Art. 257 of the Code. The initial cost of a fixed asset is determined as the amount of expenses for its acquisition (and if the fixed asset was received by the taxpayer free of charge, as the amount at which such property is valued in accordance with paragraph 8 of Article 250 of the Code), construction, production, delivery and completion to the state in which it is suitable for use, with the exception of value added tax and excise taxes, except as provided by the Code.
The cost of property identified as a result of inventory is taken into account as part of non-operating income on the basis of clause 20 of Art. 250 Code.
In accordance with paragraph 2 of Art. 248 of the Code for the purposes of Sec. 25 of the Code, property (work, services) or property rights are considered received free of charge if the receipt of this property (work, services) or property rights is not associated with the occurrence of an obligation on the recipient to transfer property (property rights) to the transferor (perform work for the transferor, provide to the person transferring the service).
Moreover, since there is no transferring party when identifying fixed assets as a result of an inventory, such fixed assets for profit tax purposes are not recognized as received free of charge.
The procedure for determining the initial cost of fixed assets identified during an inventory, as well as the possibility of depreciation of such fixed assets, is not currently established by the Code.
Federal Law No. 224-FZ of November 26, 2008 “On Amendments to Part One, Part Two of the Tax Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” introduced additions to paragraph. 2 p. 1 art. 257 of the Code, according to which, from January 1, 2009, the initial cost of a fixed asset will be determined as the amount of expenses for its acquisition (and if the fixed asset was received by the taxpayer free of charge or identified as a result of an inventory, as the amount at which such property is valued in accordance from paragraphs 8 and 20 of Article 250 of the Code), construction, production, delivery and bringing it to a state in which it is suitable for use, with the exception of value added tax and excise taxes, except as provided for by this Code.
Thus, from January 1, 2009, for tax accounting purposes, the taxpayer has the right to charge depreciation on fixed assets identified during the inventory.
Reason: Letter of the Ministry of Finance of the Russian Federation dated December 2, 2008 N 03-03-06/1/657 A selection based on materials from the Financier information bank of the ConsultantPlus system. Compiled by E.V. Zernova, O.B. Soldatova.
The organization (general taxation system) discovered during the inventory an unaccounted item of fixed assets. Experts from the GARANT Legal Consulting Service told us how to record and correctly commission such an object.
Accounting for fixed assets discovered during inventory
Clause 1 of Art. 11 of Federal Law No. 402-FZ dated December 6, 2011 (hereinafter referred to as Law No. 402-FZ) determines that assets and liabilities are subject to inventory. According to cases, the timing and procedure for conducting an inventory, as well as the list of objects subject to inventory, are determined by the economic entity, with the exception of cases of mandatory inventory. Mandatory inventory is established by the legislation of the Russian Federation, federal and industry standards - see (hereinafter - Regulation No. 34n).
During the inventory, the actual presence of the relevant objects is revealed, which is compared with the data of the accounting registers ().
The procedure for conducting an inventory by organizations is established by the Methodological Guidelines for the Inventory of Property and Financial Liabilities, approved (hereinafter referred to as the Guidelines).
Based on the results of the inventory, during which surpluses and (or) shortages of property are identified, comparison statements are compiled, which reflect the discrepancies between the indicators according to accounting data and the data of inventory records ().
Fixed assets, material assets, cash and other property that are in surplus are subject to capitalization and credited, respectively, to the financial results of the organization ().
Thus, the procedure for accounting for fixed assets is regulated (hereinafter referred to as PBU 6/01). By virtue of this, an asset is accounted for as a fixed asset if four conditions are met simultaneously:
- 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;
- the object is intended to be used for a long time, i.e. a period exceeding 12 months or the normal operating cycle if it exceeds 12 months;
- the organization does not intend the subsequent resale of this object;
- the object is capable of bringing economic benefits (income) to the organization in the future.
Fixed assets are accepted for accounting at their original cost ().
The procedure for determining the initial cost of fixed assets identified as a result of inventory is not defined in PBU 6/01. This procedure is established by other legal acts.
The current market value is understood as the amount of cash that can be received as a result of the sale of the specified asset on the date of acceptance for accounting. When determining the current market value, data on prices for similar fixed assets received in writing from manufacturing organizations can be used; information on the price level available from state statistics bodies, trade inspectorates, as well as in the media and specialized literature; expert opinions (for example, appraisers) on the value of individual fixed assets ().
The useful life of an object discovered during inventory is determined by the organization independently when it is accepted for accounting (). When determining the useful life in accounting, an organization has the right, but is not obliged, to be guided by the Classification of fixed assets included in depreciation groups, approved by.
That is, the calculation of depreciation with the debit of cost accounting accounts (20, 26, 44) in correspondence with account 02 “Depreciation of fixed assets” begins on the first day of the month following the month in which the found objects were accepted for accounting, and is carried out until the cost of these objects is fully repaid or they are written off from accounting.
Fixed assets identified during inventory in tax accounting
The value of surplus property identified as a result of inventory is recognized as non-operating income () for profit tax purposes.
At the same time, the Tax Code of the Russian Federation does not contain special rules regulating the procedure for reflecting in tax accounting income from the cost of property identified as a result of an inventory. Analyzing the provisions and, we can conclude that in tax accounting, income from property identified during the inventory is reflected on the date the property was accepted for accounting.
In this case, information on prices must be confirmed by the taxpayer - the recipient of the property (work, services) documented or through an independent assessment. Experts from the Ministry of Finance of Russia also note that the assessment of the value of property identified during the inventory must be made taking into account the specified point and reflected in tax accounting in a manner similar to the procedure established for accounting purposes on the date of the inventory (, o,).
For profit tax purposes, depreciable property includes property that is owned by the taxpayer (unless otherwise provided) and is used by the taxpayer 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 100,000 rubles ().
The procedure for starting the calculation of depreciation on objects of depreciable property is established, where it is indicated that the calculation of depreciation on objects of depreciable property, including on objects of fixed assets, the rights to which are subject to state registration in accordance with the legislation of the Russian Federation, begins on the 1st day of the month, following the month in which this facility was put into operation, regardless of the date of its state registration.
Lazukova Ekaterina, expert of the Legal Consulting Service GARANT, professional accountant