UB RF 492 n depreciation equal. Credit organizations. Controversial issues of property taxation. If the bank decided to sell real estate temporarily not used in its main activity
For insurance and pension funds from January 1, 2017, the Regulation of the Central Bank of the Russian Federation of September 22, 2015 No. 492-P "Industry standard accounting fixed assets, intangible assets, investment property, long-term assets held for sale, stocks, means of labor and objects of labor received under agreements of compensation, pledge, the purpose of which is not determined, property and (or) its suitable balances received in connection with the refusal of the policyholder (beneficiary) from ownership of the insured property, in non-credit financial institutions "
New classification of property and intangible assets in accordance with Regulation No. 492-P. Formation of the value of objects:
- Measurement of cost at initial recognition. Recommended list of costs included in the initial cost. VAT accounting problems.
- The fair value of various objects (fixed assets, intangible assets, etc.) and its role for accounting under Regulation 492-P. Overview of determination methods fair value non-financial assets. Recommendations for the development of its own standard or other internal document that defines valuation techniques in accordance with IFRS 13 Fair Value Measurement.
Accounting and accounting estimates in accordance with Regulation 492-P. Problems of classification of objects in accordance with Regulation No. 492-P. What requirements must be met to classify an object into one category or another:
- New definition of fixed assets. Materiality criteria for identifying an inventory item. Recommendations for establishing materiality criteria in accounting policies(absolute cost limit, relative level of materiality, qualitative criterion of materiality). Fixed assets classifier.
- The choice of models and methods of accounting in accounting policies. Accounting estimates in the formation of value at initial recognition and subsequent accounting for property, plant and equipment:
- determination of the cost when buying with payment by installments;
- obligations for dismantling and restoration the environment;
- estimated residual value;
- timing useful use. - Derecognition of property, plant and equipment.
- New in accounting for intangible assets.
Recognition of objects as intangible assets. New accounting software. Problems of accounting for individual software modules and software changes (additions). Accounting for the costs of the credit institution's website.
The choice of models and methods of accounting in accounting policies. Accounting estimates in the formation of value at initial recognition and subsequent accounting for intangible assets:
- determination of value when identifying intangible assets;
- useful life.
Derecognition.
Investment property accounting (II).
Conditions for recognition as AI objects. The choice of models and methods of accounting in accounting policies.
Accounting estimates in the formation of value at initial recognition and subsequent accounting for AI:
- obligations to dismantle and remediate the environment;
- estimated residual value;
- useful life;
- fair value.
Derecognition of AI real estate.
Non-current assets held for sale. Conditions for recognition as non-current assets held for sale.
- The sales plan and the requirements for it. Implementation of the sales plan. Consequences of not fulfilling the plan to sell a long-term asset.
- In what cases it is allowed to increase the timing of the sale of an asset.
- Accounting policy in terms of accounting for long-term assets for sale.
- Derecognition of non-current assets held for sale.
New in inventory accounting. Initial recognition. Selecting a write-off method from the inventory category. Accounting policy in terms of inventory accounting.
Means of labor and objects of labor received under contracts of compensation and pledge, the purpose of which is not determined.
- Conditions for recognition.
- Measurement at initial recognition and subsequent measurement of items. Accounting policy in terms of accounting for funds and objects of labor.
Derecognition.
Property and fit residues received under the abandon.
- Conditions for recognition.
- Measurement at initial recognition and subsequent measurement of items. Accounting policy in terms of accounting for property and suitable balances received under the abandon.
Derecognition.
Impairment. We master practical skills in testing for impairment of various objects: fixed assets, intangible assets, investment property.
- List of indicators of impairment. Criteria for Significance of Signs of Impairment in Accounting Policies.
- The recoverable amount and value in use of the item. Estimation of future cash flows.
- Review of methods for calculating discount rates and their application.
- Organization of document flow, internal documents and procedures for checking the impairment of fixed assets and other objects.
- Practical examples of calculating an impairment loss.
Requirements for own accounting standards and other internal documents of the NFO in accordance with Regulation No. 492-P. Examples of our own standards.
Event cost: 11,500 RUB
Form of study: Face-to-face / Webinar
Photo by Boris Maltsev, Clerk.Ru
Banks today - all other organizations tomorrow
Until 2016, the payment of property tax was far from the most pressing issue for credit institutions.The situation changed dramatically after the entry into force in 2016 of the Regulation of the Bank of Russia dated December 22, 2014 No. 448-P "On the accounting procedure for fixed assets, intangible assets, real estate temporarily not used in the main activity, long-term assets held for sale , stocks, means of labor and objects of labor received under contracts of compensation, pledge, the purpose of which is not determined, in credit institutions "(hereinafter - Regulation No. 448-P).
Regulation No. 448-P was developed by the Bank of Russia on the basis of IFRS, the transition to which should be completed in Russian accounting in a fairly short time, therefore, the problems faced by banks in connection with the need to apply Regulation No. 448-P are expected from 2017 other organizations, since regulatory legal acts on accounting for property, plant and equipment based on IFRS have already been developed or will be developed in the near future:
from non-bank financial institutions - Regulation dated September 22, 2015 No. 492-P "Industry standard for accounting for fixed assets, intangible assets, investment property, long-term assets held for sale, inventories, means of labor and items of labor received under compensation agreements, pledge, the purpose of which is not determined, property and (or) its suitable balances received in connection with the refusal of the policyholder (beneficiary) from the ownership of the insured property, in non-credit financial institutions ", which will be applied from 2017; for non-financial commercial and non-profit organizations - the federal standard for accounting "Fixed assets", the draft of which was developed by the Fund "Non-state regulator of development of accounting" Accounting Methodological Center "and will be approved in 2016 and will become mandatory for application from 2018 (p. 2 Section I of the Program for the Development of Federal Accounting Standards, approved by order of the Ministry of Finance of Russia dated May 23, 2016, No. 70n); at the same time, many organizations that prepare reporting, including those in accordance with IFRS, will begin to apply it in 2017; at budgetary organizations- the federal accounting standard for public sector organizations "Fixed assets", which was originally supposed to come into force in 2017 (Program for the development of federal accounting standards for public sector organizations, approved by order of the Ministry of Finance of Russia dated April 10, 2015 No. 64n ).
Consider the issues of property taxation of objects recorded by credit institutions on accounts 619 "Real estate temporarily not used in the main activity" and 620 "Long-term assets held for sale", the position of the Ministry of Finance of Russia on which was painfully perceived by banks.
The main thing is not the account number, but the economic essence of the object
The problem of taxing the property of banks accounted for in accordance with Regulation No. 448-P on accounts 619 and 620, as well as similar objects of non-credit organizations, did not arise today, and the Ministry of Finance of Russia and the Federal Tax Service of Russia have formed a methodology for its solution long ago.As the Ministry of Finance of Russia, supported by the Supreme Arbitration Court of the Russian Federation, reasonably pointed out, the decision of the issue of registering real estate objects on the Fixed Assets account and recognizing them as an object of taxation for the property tax of organizations should not depend on the will of the taxpayer, but is determined by the economic essence of the object (letter dated 6.09 .06, No. 03-06-01-02 / 35, Definition of the Supreme Arbitration Court of the Russian Federation of 14.02.08, No. 758/08). This approach fully meets the requirement of clause 3 of Art. 3 of the Tax Code of the Russian Federation that taxes must have an economic basis and cannot be arbitrary, and in relation to the tax on the property of organizations, this requirement can be expressed as follows: economic essence the normative definition of fixed assets. Since the belonging of an asset to fixed assets is determined by the rules of accounting, it should be noted that the specified procedure for determining the object of taxation on property is fully consistent with one of the most important principles of accounting - to reflect in the accounting the facts of economic life based not so much on their legal form how much of the economic content and business conditions (clause 6 of the Accounting Regulations "Accounting policy of the organization" PBU 1/2008, approved by order of the Ministry of Finance of Russia dated 6.10.08, No. 106n, clause 1.12.8 of the Bank of Russia Regulation dated 16.07. 12, No. 385-P "On the rules of accounting in credit institutions located on the territory Russian Federation"(Hereinafter - Regulation No. 385-P).
However, it should not be forgotten that according to RAS 6/01 and Regulation No. 448-P, one of the conditions for recognizing an asset as a fixed asset is such a subjective criterion as the organization's lack of intention to subsequently resell the object. Thus, this expression of will becomes an integral part economic essence(content) of the object of fixed assets and the economic basis for taxing it with the property tax of organizations.
It would be logical to assume that the solution of the issue under consideration should not depend also on the will of the regulatory authorities, since the economic essence of the object does not change over time and does not depend on the economic situation. However, in relation to objects recorded by banks on account 620, this hypothesis is not confirmed.
Taxation of real estate temporarily not used in the main activity
Recall that according to the definition that has been introduced into the accounting rules of credit institutions since 2012, real estate temporarily not used in the main activity is the property (part of property) of credit institutions intended to receive lease payments (except for payments under financial contracts). lease (leasing), income from the increase in the value of this property, or both, the sale of which within one year from the date of classification as real estate temporarily not used in the main activity, the credit institution is not planning (clause 11.1 of Appendix 10 to the Bank's Regulation Russia dated 26.03.07, No. 302-P "On the rules of accounting in credit institutions located on the territory of the Russian Federation" to Regulation No. 385-P, clause 4.1 of Regulation No. 448-P).Until 2016, such real estate objects were accounted for on the first order account 604 "Fixed assets" (second order accounts 60408 "Real estate (other than land) temporarily not used in the main activity", 60409 "Real estate (other than land) temporarily not used in the main activities leased ”) (clause 11.9 of Appendix 10 to Regulation No. 302-P, clause 11.9 of Appendix 9 to Regulation No. 385-P). At the same time, doubts about the need to include the amounts on these accounts in tax base on property tax, banks practically did not arise, and if they did, the regulatory authorities decisively dispelled them, pointing out that real estate related to fixed assets (except for land), temporarily not used in the main activity and recorded in accounts No. 60408- 60411, is recognized as an object of taxation for property tax of organizations (letters of the Federal Tax Service of Russia dated August 14, 2014 No. PA-4-11 / [email protected], The Ministry of Finance of Russia from 21.03.12, No. 03-05-05-01 / 12, dated 19.10.11, No. 03-05-05-01 / 82).
In our opinion, this was completely justified, since according to accounting legislation, both in force in 2012 and in force since 2013, the provisions of industry normative documents on accounting should not contradict the acts of the federal level (clause 2 of article 5 Federal law No. 129-FZ "On Accounting" (hereinafter - Law No. 129-FZ), clause 15 of Article 21 of Federal Law No. 402-FZ "On Accounting" (hereinafter - Law No. 402-FZ).
As a reminder, one of the main tasks of the Accounting Standards Council, created in accordance with Art. 25 of Law No. 402-FZ by order of the Ministry of Finance of Russia dated December 25, 2015 No. 541, consists in conducting an examination for the consistency of draft industry standards with federal standards (clauses "b", clause 4 of the order of the Ministry of Finance of Russia dated November 14, 2012 No. No. 145n).
In p.p. "A" clause 4 of the Accounting Regulations "Accounting for Fixed Assets" PBU 6/01, approved by order of the Ministry of Finance of Russia dated March 30, 01, No. 26n (currently acting as a federal standard), it is established that if other conditions are met fixed assets include assets intended, among other things, to be provided by an organization for a fee for temporary possession and use or for temporary use. Therefore, we can assume that the inclusion since 2012 of real estate temporarily not used in the main activities of credit institutions in the account for fixed assets only brought the document of the Bank of Russia in accordance with the regulatory legal act of the Ministry of Finance of Russia, as required by Law No. 129 -FZ.
The change from 2016 to the account number on which banks account for real estate temporarily not used in the main activity, its economic essence and the norms of PBU 6/01 did not change. Thus, it is necessary to recognize the fair position of the Ministry of Finance of Russia on the need for banks to tax the property of the specified real estate, recorded not on account 604, but on account 619 (letter dated 10.02.16, No. 03-05-04-01 / 6931, brought to tax authorities for use in work by the letter of the Federal Tax Service of Russia dated 18.02.16, No. BS-4-11 / 2665). It should be noted that the argument used in this letter that the taxation of corporate property should depend on industry specificities accounting is also not new. So, back in 1997, responding to the proposal of the Bank of Russia to withdraw from taxation the objects accounted by banks on the account for accounting for deferred expenses, the Ministry of Finance of Russia indicated that the balance accounts used commercial banks for calculating the base for property tax, differ from the balance sheet accounts used by other taxpayers, only in numbering, and not in content. Consequently, it is impossible to accept the proposal of the Bank of Russia, since the choice of balance sheet items when determining the basis for calculating property tax was not influenced by the specifics of the activities of a particular taxpayer (letter dated January 27, 1997, No. 04-07-03). Similarly, the Ministry of Finance of Russia noted that the peculiarities of taxation of property transferred to trust management, are used regardless of the accounting accounts on which the credit institution records assets that meet the characteristics of fixed assets (letter dated 11.04.13, No. 03-05-05-01 / 11960).
At the same time, the Ministry of Finance of Russia clarified its position regarding the tax base for real estate objects that are temporarily not used in the main activities of credit institutions. Previously, he believed that objects accounted for at fair value, for which depreciation is not charged, are included in the tax base for property tax at fair value (letter dated May 24, 2012 No. 03-05-05-01 / 27), now he agreed that for the purposes of calculating property tax, this value must constantly decrease by the amount of depreciation accrued in accordance with paragraph 3 of Art. 376 of the Tax Code of the Russian Federation (letter dated March 29, 2016, No. 03-05-05-01 / 17413).
At the same time, since the norms of PBU 6/01 do not provide for accounting for fixed assets at fair value, then in the letter of the Ministry of Finance of Russia dated February 10, 2016 No. is mentioned, but only about fixed assets that have residual value, that is, carried at cost less accumulated depreciation and accumulated impairment losses. For the same reason (the absence in PBU 6/01 of norms on impairment of fixed assets), this letter concludes that it is impossible to reduce the taxable value of real estate temporarily not used in core activities by the amount of impairment in the form created by banks reserves for possible losses. At the same time, there was no objection to the possibility of an increase in the specified value due to depreciation not on the initial cost, as provided for in clause 19 of PBU 6/01, but on the initial value reduced by the estimated liquidation value (clause 4.9 of Regulation No. 448-P).
If the bank decided to sell real estate temporarily not used in its main activity
A more complicated issue is the taxation of property tax on real estate temporarily not used in the main activities of credit institutions, on which a decision was made to sell, as a result of which, if certain conditions are met, it is “transferred” to account 620 “Long-term assets held for sale” (subparagraphs . 5.1, 5.5 of Regulation No. 448-P).In 2012-2015. such objects were transferred by banks from account 604 to account 61011 "Non-current reserves" (clauses 1.14, 11.14.2, 11.16 of Appendix 10 to Regulation No. 302-P, clauses 11.14, 11.14.3, 11.16 of Appendix 9 to Regulation No. 385-P ). The position of the regulatory authorities on the issue of property taxation of these “re-qualified” objects has not been formulated.
Nevertheless, if the position of the Ministry of Finance of Russia and tax authorities with respect to fixed assets of non-credit organizations is extended to credit institutions, then the transfer of fixed assets, including real estate temporarily not used in the main activity, from account 604 to account 61011 should be considered as illegal. Since the Ministry of Finance of Russia considered the transfer of fixed assets, in respect of which a decision was made to sell and the use of which was discontinued, from account 01 "Fixed assets" to account 41 "Goods", believing that they are subject to taxation tax on the property of organizations prior to their disposal upon sale (letters dated 2.03.10, No. 03-05-05-01 / 04, dated 17.12.15, No. 03-05-05-01 / 74010).
The courts initially supported the point of view of taxpayers about the possibility of transferring these fixed assets to account 41 with the termination of the accrual of property tax on them (Resolutions of the FAS of the Volga District of 27.01.09, No. A65-9168 / 2008, FAS Central District dated 4.07.08, No. A48-3994 / 07-14), but subsequently began to agree with the opinion of the tax authorities, similar to the opinion of the Ministry of Finance of Russia (Resolutions of the FAS of the Volga District dated 13.11.12, No. A49-2601 / 2012 (left in force By the definition of the Supreme Arbitration Court of the Russian Federation of 11.01.13, No. VAS-17754/12), the AC of the Volga District of 22.03.16, No. F06-5508 / 2016).
At the same time, the Ministry of Finance of Russia has never stated that the accounting rules in credit institutions, which provide for the said accounting re-qualification (change of the accounting account) of fixed assets intended for sale, contradict - contrary to the requirements of the legislation - the norms of PBU 6/01 and therefore for the purpose of uniform taxation of credit and non-credit organizations should not lead to the termination of the taxation of such objects with the property tax of organizations. After all, then one would have to say about a more fundamental contradiction between the accounting rules for fixed assets in credit institutions and PBU 6/01, since in the end it was it that did the specified re-qualification for banks in accordance with these rules.
This contradiction was as follows. Since 2006, PBU 6/01 has excluded such a condition for recognizing an asset as a fixed asset, such as its actual use by the organization for production or administrative purposes or transfer to temporary possession and / or use, became sufficient for the asset to be intended for this use (clause item "a" item 4 PBU 6/01, as amended by order of the Ministry of Finance of Russia dated 12.12.05, No. 147n). At the same time, in credit institutions until 2016, only the object actually used in the main activity continued to be recognized as the main asset (clause 2.1 of Appendix 9 to Regulation No. 385-P). In this regard, in the definition of real estate temporarily not used in the main activity, the word “intended” was perceived as not denoting the objective readiness of the property for use (as is the case in PBU 6/01), but as the subjective plans of the organization for its application. Accordingly, when these plans were changed in favor of the sale of the object, that is, when the latter lost the necessary attribute of fixed assets, it was subject to transfer from account 604 to account 61011.
The tax authorities did not raise the question of the illegality of the rules governing such a transfer. In the only legal dispute found on the issue in question tax office accused the bank not of the fact that it did not tax the property on the property that was temporarily not used in the main activity, which was transferred to account 61011, but that it prematurely made such a transfer only on the basis of the decision on the sale, despite the fact that the property continued to be used for rent. The court upheld tax authority(Resolution of the CA of the North-West District of 3.11.15, No. A42-8669 / 2014). It is indicative that in a similar situation, the Bank of Russia recommends to classify the leased object not as real estate temporarily not used in the main activity, but as a long-term asset held for sale, that is, it gives priority not to the objective economic essence of the asset, but to subjective intentions for in relation to him, (see the answer to question 6 in the Information of the Bank of Russia dated 08.13.15, "Clarifications on issues related to the application of the Regulation of the Bank of Russia dated 22.12.2014 No. 448-P ...", hereinafter - Information of the Bank of Russia dated 08/13/15).
As the position of the taxpaying bank presented in this court order and the above answer of the Bank of Russia once again confirm the aforementioned semantic load of the word “intended” in the definition of immovable property temporarily not used in the main activities of credit institutions. And why this is important to understand will become clear later.
Taxation of long-term assets held for sale
In 2003-2015. property received by credit institutions under contracts of compensation and pledge, prior to making a decision on its sale, use in their own activities or transfer to real estate temporarily not used in their main activities, was accounted for on account 61011 "Non-current inventories" (clause 5.3 of Appendix 10 to Regulation of the Bank of Russia of December 5, 2002 No. 205-P "On the rules of accounting in credit institutions located on the territory of the Russian Federation", clause 5.3 of Appendix 10 to Regulation No. 302-P, clause 5.3 of Appendix 10 to Regulation 385 -NS).At the same time, for a number of years, the Ministry of Finance of Russia has annually confirmed that these facilities are not subject to corporate property tax (letters dated 04.21.11, No. 03-05-05-01 / 23, dated 28.12.10, No. 03-05- 05-01 / 65, dated 11.12.09, No. 03-05-05-01 / 79, dated 24.06.08, No. 03-05-05-01 / 41, dated 19.11.07, No. 03-05 -06-01 / 132). Consequently, at that time, the objects received by credit institutions under pledge or compensation agreements were not considered fixed assets in their economic essence, although the decision on their implementation had not yet been made, and therefore there was still a possibility of including these objects in the list of property tax. organizations of fixed assets or real estate temporarily not used in the main activity.
Moreover, both then and later, the Ministry of Finance of Russia and the Federal Tax Service of Russia believed that in non-credit organizations, long-term assets acquired for resale should not be accounted for as fixed assets and be taxed on the property of organizations (letters dated 15.11.11, No. 03- 05-05-01 / 87, dated 06.06.14, No. BS-4-11 / [email protected] respectively).
What allowed the Ministry of Finance of Russia in 2016 to radically change its opinion and assert that long-term assets held for sale are subject to tax on the property of organizations (we assume that the current economic situation had no effect on such a change in position)?
In accordance with clause 2.1 of Regulation No. 448-P, the attribute of its actual use in the main activity was excluded from the criteria for recognizing an asset as a fixed asset and it was established, as was done 10 years ago in PBU 6/01, that a fixed asset is recognized as meeting certain conditions an object intended for use by a credit institution in the provision of services or for administrative purposes. In a letter dated 22.06.11, No. 03-05-05-01 / 50, the Ministry of Finance of Russia, explaining the meaning of the word "intended" in the definition of fixed assets of non-credit organizations, notes the exclusively objective side of this "purpose", which consists in physical (technical, technological) readiness of the object for use. The Ministry of Finance of Russia, in a letter dated 17.12.15, No. 03-05-05-01 / 74010, also indicated that the tax on property of organizations refers to property taxes levied regardless of the fact of the use of property, and this approach is consistent with both the thesis about the economic essence of the object of taxation by this tax, and the requirement on the economic basis of taxation in general.
If we restrict ourselves only to this understanding of the phrase "intended for use", then many long-term material objects received by the bank under pledge or compensation agreements will fully correspond to it: physically, they are usually ready for use, since before they were transferred to the bank, they were applied by the debtor on the loan in production or administrative purposes or for renting or leasing.
However, as noted earlier, an integral part of the economic essence of fixed assets and, accordingly, the economic basis for taxing them with property tax is the organization's will not to sell property (clauses "c" clause 4 PBU 6/01, clause 2.1 of Regulation No. 448 -P), which can be considered the subjective side of his "destiny". In other words, in order for the property to meet the condition of being intended for use, it must not only be ready for this physically, but there must also be a decision of the organization about its long-term use, formalized primary document on the acceptance of property for accounting as fixed assets or real estate temporarily not used in the main activity.
Unlike the previous account 61011, account 620 does not account for all long-term material objects received by the bank under pledge or compensation agreements, some of them can be immediately taken into account as fixed assets or real estate temporarily not used in the main activity (see. answer to question 9 in the Information of the Bank of Russia dated 13.08.15). Accordingly, in relation to the objects accounted for on account 620, such an essential condition for the recognition of an asset as fixed assets is not met, as the will of the organization not to resell it. Therefore, these objects cannot be considered intended for use by the organization in its main activities or for renting / receiving on them. investment income, that is, due to failure to fulfill one of them, the other condition for the recognition of an asset as property, plant and equipment is not met.
At the same time, both conditions are equal (as evidenced by the requirement of clause 4 of PBU 6/01 on their simultaneous fulfillment), and, therefore, one of them (the objective physical readiness of the object for use) cannot be considered basic, and the other (the absence of the organization's intention resell the object) - secondary. Therefore, ignoring the condition that the organization does not intend to resell the asset would mean an arbitrary exclusion from the single economic essence of the object of property taxation, which is intrinsic to it, but which has become "undesirable" to the Ministry of Finance of Russia.
Unfortunately, the ministry continues to consider the main asset a long-term tangible asset intended for sale, and not only previously recognized as the main asset of this organization (with which one could still agree), but also an asset that has never been the main asset in the organization that received it, with than it is impossible to agree, including according to the previous position of the Ministry of Finance of Russia itself and the Federal Tax Service of Russia.
In connection with the above, it is not accidental that the Ministry of Finance of Russia, in no letter on the taxation of property recorded by banks on account 620, did not mention the "economic essence" of the object of taxation, replacing it with the category of "material form", which allows to combine all material objects potentially long term use, including those acquired solely for resale.
However, firstly, in order to confirm such an obvious fact as a single material and material form of these objects, there was no need to request the opinion of the Bank of Russia, making it a belated “accomplice” in substantiating the previously formulated position (letter dated 1.07.16, No. 03- 05-04-01 / 38445, etc.). Secondly, it is generally not clear what does the material form of the object have to do with it, since long-term used material assets that do not belong in their function in the production process to fixed assets (to means of labor), for example, various special devices, tools, have the same material and material form, as fixed assets, but on this basis no one considers them objects of taxation on the property of organizations.
When the Ministry of Finance of Russia points out that amendments to clause 1 of Art. 374 of the Tax Code of the Russian Federation, so that "assets of the same material form" are subject to or not subject to corporate property tax, depending on their purpose, he is at least partially disingenuous (letter dated 1.07.16, No. 03-05-05-01 / 38445, etc.). In the cited norm of the Tax Code of the Russian Federation, it is clearly established that the object of taxation is property of only one specific purpose - intended for use as fixed assets, i.e. (meaning PBU 6/01 as the corresponding federal standard) as long-term tangible assets in the main activity or for transfer to possession and / or use. Accordingly, long-term tangible assets of any other purpose, including "for sale", are not subject to property tax, despite the fact that they have the same material form as the subject of taxation.
It is clear that in the process of transition to IFRS, changes in Chapter 30 of the Tax Code of the Russian Federation cannot be avoided. So, if the new federal standard for accounting for fixed assets will not, as planned, apply to investment property(its analogue in banks is just real estate that is temporarily not used in the main activity) and for fixed assets intended for sale (http://bmcenter.ru/Files/proekt_FSBU_Osnovniye_sredctva), then to preserve all or part of these assets as part of the object of taxation will indeed have to be amended in paragraph 1 of Art. 374 of the Tax Code of the Russian Federation. However, at present, we repeat, and without these changes, it seems obvious that long-term material objects, lawfully qualified by a credit institution when they are accepted for accounting as intended for sale, should not be subject to property tax.
http://bmcenter.ru/Files/proekt_FSBU_Osnovniye_sredctva), then in order to preserve all or part of these assets as part of the taxable object, you will indeed have to amend clause 1 of Art. 374 of the Tax Code of the Russian Federation. However, at present, we repeat, and without these changes, it seems obvious that long-term material objects, lawfully qualified by a credit institution when they are accepted for accounting as intended for sale, should not be subject to property tax.
In conclusion, we note the advantage of qualifying long-term material objects recorded in accounts 619 and 620 as fixed assets. So, residential buildings and residential premises received by banks under pledge and compensation agreements cannot be taxed on the property of organizations for cadastral value in accordance with paragraphs. 4 p. 1 of Art. 378.2 of the Tax Code of the Russian Federation (letters of the Ministry of Finance of Russia dated 5.07.16, No. 03-05-05-01 / 39148, dated 6.07.16, No. 03-05-05-01 / 39555, etc.).
Almin Rabinovich, Head of Accounting and Tax Consulting Department of FinExpertiza LLC, Ph.D. Audit Practice, Chief Methodologist, Energy Consulting Group of Companies.
"Clarifications on issues related to the application of the Regulation of the Bank of Russia dated September 22, 2015 No. 492-P" Industry accounting standard ... "
Clarifications on issues related to the application of Bank of Russia Regulation No. 492-P dated September 22, 2015
"Industry standard of accounting for fixed assets, intangible assets, investment
property, long-term assets held for sale, stocks, means of labor and objects of labor,
received under agreements of compensation, pledge, the purpose of which is not determined, property and (or) its
available balances received in connection with the refusal of the policyholder (beneficiary) from the ownership of the insured property, in non-credit financial institutions "(hereinafter - Regulation No. 492-P).
Fixed assets accounting No. Question Explanations of the Bank of Russia issue Please clarify whether a non-credit one In accordance with clause 9.1 of Regulation No. 492-P when financial institution(hereinafter - NFO) to approve the application of Regulation No. 492-P NFOs are guided by the accounting policy value criterion International standards financial statements(hereinafter referred to as materiality for the recognition of an accounting object in IFRS) and Interpretations of IFRS, adopted by the IFRS Foundation, as a fixed asset? put into effect on the territory of the Russian Federation.
IAS 1 Presentation of Financial Statements (hereinafter
- IAS 1) establishes “general aspects” of presentation of financial statements, one of which is “materiality and aggregation”.
IAS 1 paragraph 29 requires an entity to present each material class of similar items separately in its financial statements. An entity shall present items that are different in nature or purpose separately, unless they are immaterial.
In accordance with clause 2.3 of Regulation No. 492-P, the unit of accounting for fixed assets is an inventory item.
The NFO in the standards of an economic entity or other internal documents determines, applying professional judgment,
- & nbsp– & nbsp–
In accordance with clause 2.14 of Regulation No. 492-P Reflection in the accounting of the acquisition of the main asset when acquiring a fixed asset on the terms of a deferred payment is carried out in the deferred payment of its initial cost in accordance with the requirements of clause 2.14 of Regulation No. 492-P.
the acquisition cost is recognized this asset the cost of the property, plant and equipment is recognized on an immediate payment basis. The difference between the amount, the cost to acquire the asset immediately payable under the contract, and the cost to pay. The difference between the amount payable under the contract and the purchase of this asset on the terms of the purchase price of this asset on the terms of immediate immediate payment is recognized as an interest expense; the procedure established for such expenses, for expenses.
except for the cases when such interest Paragraph 23 of IAS 16 "Property, plant and equipment" (hereinafter capitalized in accordance with IAS 23 of IAS 16) establishes that with a payment deferral that amounts to "Borrowing Costs" IAS beyond normal loan maturities, the difference between the equivalent price subject to immediate payment in cash and 23).
Do we understand correctly that in the case where the total amount of the payment is recognized as interest on the difference between the amount payable during the grace period.
the contract, and the cost of the acquisition of this asset, the NFO independently determines whether the condition on the terms of immediate payment is insignificant due to the deferred payment under the contract beyond the usual terms in comparison with the cost of the acquired lending object. Materiality criteria are established by NFO in fixed assets, NFO is entitled to accounting policy in accounting policy.
prescribe the criteria, subject to which If the difference between the amount payable under the contract with the specified item of fixed assets may be subject to a deferred payment, and the acquisition cost of this item can be accounted for at the acquisition cost, the asset on the terms of immediate payment is considered significant, then the specified Does the NFI recognize this difference as interest expense over the length of the asset? grace period.
Do we understand correctly that in the event that the deferred payment does not go beyond the deferred payment for a period of less than a year, the NFO can have the usual loan terms and (or) the specified difference does not make a decision to recognize the fixed asset as insignificant, the NFO recognizes the initial cost the main cost on the terms of immediate payment, and at the expense of the acquisition of fixed assets, which are the cost on the terms of a deferred payment and are not determined in accordance with clauses 2.9, 2.10 and 2.15 of the Regulations to recognize interest expense? No. 492-P.
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Please explain on which balance sheet accounts Revaluation of objects reflected on the balance sheet account must be reflected in full revaluation No. 60401 "Fixed assets (other than land)", and accumulated on depreciated fixed assets, if the depreciation object reflected in the balance sheet account No. 60414 fixed assets is accounted for at revalued “Depreciation of property, plant and equipment (other than land)”, as well as revaluation and as a result of revaluation based on land plots, listed on the balance sheet account No. 60404 of the data of an independent appraiser, the fair "Land" is reflected in the specified accounting accounts in the cost differs from the cost of the fixed asset of correspondence with account No. 10601 "Increase in the value of basic in accounting? funds upon revaluation "in the manner prescribed by clauses 2.27 and
2.28 of Regulation No. 492-P.
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Please clarify from what day, in accordance with clause 2.37 of Regulation No. 492-P, the accrual of Regulation No. 492-P must be depreciated on an item of fixed assets starts from the date when depreciation on an item of fixed assets: from the day it becomes available for use, that is, when its commissioning of the fixed asset (readiness, location and condition allow its object to be used) or from the next day operation in accordance with the intentions of the management.
after the day of commissioning (the readiness of the facility for the NFO should depreciate the fixed asset)? from the date of putting the fixed asset into operation.
Should the NFO be accrued According to clause 2.41 of Regulation No. 492-P, depreciation on the day before the transfer of the main depreciation item for the item of fixed assets is terminated starting from the funds in the investment property, the earlier of the dates: the value of investment property carried at fair non-current assets held for sale, value, non-current assets held for sale at the date of derecognition, i.e. whether, in accordance with the intentions of the NFI's management, the date of termination is the date of disposal, the transfer to investment recognition of the item or the date of full depreciation of the property or non-current assets, the item.
held for sale included in the calculation Is the date of transfer or disposal included in the depreciation calculation? depreciation, i.e. depreciation is charged first, and then the transfer or disposal of the item is recorded.
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NFO installed linear way accruals In accordance with clause 2.34 of Regulation No. 492-P, the cost of depreciation of fixed assets in the accounting policy of fixed assets is repaid through accruals (requirement of clause 2.35 of Regulation No. 492-P). amortization over their useful lives.
According to clause 2.37 of Regulation No. 492-P Determination of the amount of depreciation for incomplete month(namely, depreciation on an item of fixed assets for the first and last months) is carried out on the basis of the date when it becomes available for the actual number of calendar days of operation of the object of use, that is, when its location and fixed assets in these months.
the condition allows it to be operated in accordance with the intentions of management. At the same time, Regulation No. 492-P does not contain examples of calculating depreciation for the useful life of fixed assets, expressed in months.
Please clarify whether the NFO has the right to apply the method of calculating monthly depreciation based on the useful life expressed in months, while calculating the depreciation in the first and last months of the useful life based on the actual number of calendar days of operation of an item of fixed assets in these months?
Depreciation charge for fixed assets Regulation No. 492-P applies to all NFOs, including non-commercial NFOs. to NFOs, which are non-profit organizations. Regulation Non-profit NFOs take into account depreciation according to No. 492-P does not contain an exception for non-profit organizations in fixed assets on off-balance sheet account 010 “Depreciation of the part of depreciation of fixed assets. Accrual of fixed assets ". What is the procedure for accounting for the depreciation of fixed assets and its reflection on the accounts is possible with the introduction of Regulation No. 486-P. Does accounting need to be carried out in the manner prescribed will be non-profit organizations charge by Chapter 2 of Regulation No. 492-P.
depreciation in the manner prescribed by Regulation No. 492-P and reflected on account No. 60414 "Depreciation of fixed assets (except for land)"?
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Regulation of the Bank of Russia No. 492-P dated September 22, 2015 "Industry standard of accounting for fixed assets, intangible assets, investment property, long-term assets held for sale, stocks, means of labor and objects of labor received under agreements of compensation, pledge, appointment which is not defined, property and (or) its suitable balances received in connection with the refusal of the policyholder (beneficiary) from the ownership of the insured property, in non-credit financial organizations "(with amendments and additions)
- Chapter 1. General Provisions
- Chapter 2. Accounting for fixed assets
- Chapter 3. Accounting for intangible assets
- Chapter 4. Accounting for investment property
- Chapter 5. Accounting for non-current assets held for sale
- Chapter 6. Inventory accounting
- Chapter 7. Accounting for means of labor and objects of labor received under contracts of compensation, pledge, the purpose of which is not defined
- Chapter 8. Accounting for property and (or) its usable balances received in connection with the refusal of the policyholder (beneficiary) from the ownership of the insured property
- Chapter 9. Final Provisions
Bank of Russia Regulation No. 492-P dated September 22, 2015
"The industry standard for accounting for fixed assets, intangible assets, investment property, long-term assets held for sale, inventories, means of labor and items of labor received under agreements of compensation, pledge, the purpose of which is not defined, property and (or) its available balances, received in connection with the refusal of the policyholder (beneficiary) from the ownership of the insured property, in non-credit financial organizations "
With changes and additions from:
Based on the Federal Law of July 10, 2002 N 86-FZ "On The central bank Russian Federation (Bank of Russia) "(Collected Legislation of the Russian Federation, 2002, N 28, Art. 2790; 2003, N 2, Art. 157; N 52, Art. 5032; 2004, N 27, Art. 2711; N 31, article 3233; 2005, No. 25, article 2426; No. 30, article 3101; 2006, No. 19, article 2061; No. 25, article 2648; 2007, No. 1, article 9, article 10; No. 10, Art. 1151; N 18, Art. 2117; 2008, N 42, Art. 4696, Art. 4699; N 44, Art. 4982; N 52, Art. 6229, Art. 6231; 2009, N 1, Art. 25; N 29, Art.3629; N 48, Art 5731; 2010, N 45, Art 5756; 2011, N 7, Art 907; N 27, Art 3873; N 43, Art 5973; N 48, art.6728; 2012, no. 50, art. 6954; no. 53, art. 7591, art. 7607; 2013, no. 11, art. 1076; no. 14, art. 1649; no. 19, art. 2329; no. 27, Art. 3438, Art. 3476, Art. 3477; N 30, Art. 4084; N 49, Art. 6336; N 51, Art. 6695, Art. 6699; N 52, Art. 6975; 2014, N 19 , Art.2311, Art.2317; N 27, Art.3634; N 30, Art.4219; N 40, Art.5318; N 45, Art.6154; N 52, Art.7543; 2015, N 1, Art 4, art.37; no. 27, art. 3958, art. 4001; no. 29, art. 4348, art. 4357; no. 41, art. 5639; no. 48, art. 6699; 2016, no. 1, art. 23, art. 46, art. 50; No. 26, Art. 3891; No. 27, Art. 4225, art. 4273, art. 4295) and in accordance with the decision of the Board of Directors of the Bank of Russia (minutes of the meeting of the Board of Directors of the Bank of Russia No. 26 dated September 11, 2015), the Bank of Russia establishes for non-bank financial institutions the accounting procedure for fixed assets, intangible assets, investment property, long-term assets intended for sales, stocks, means of labor and objects of labor received under contracts of compensation, pledge, the purpose of which is not determined, property and (or) its usable residues received in connection with the refusal of the policyholder (beneficiary) from the ownership of the insured property.
Registration N 39335
An industry standard was developed for accounting in non-bank organizations of fixed assets, intangible assets, investment property, long-term assets for sale, stocks, means of labor and items of labor, the purpose of which is not determined, received under agreements of compensation, pledge, in connection with the refusal of the insured (beneficiary) from ownership of the insured items.
The development of the document is due to the transfer to the Bank of Russia of powers for regulation, control and supervision in the field of financial markets, as well as on the approval of industry accounting standards for these companies from January 1, 2015.
Accounting should ensure the formation of reliable information on the listed indicators, as well as on the changes being made.
The fair value of the item is determined within the accounting framework. This is the price that would be received in a sale in a voluntary market transaction between participants at the valuation date under current conditions. It does not matter if the price was formed directly on the market or calculated differently.
A non-bank financial institution independently determines the valuation methods used in determining fair value in the standards of the economic entity or other internal documents.
Regulation of the Bank of Russia No. 492-P dated September 22, 2015 "Sectoral accounting standard for fixed assets, intangible assets, investment property, long-term assets held for sale, inventories, means of labor and items of labor received under agreements of compensation, pledge, appointment which is not defined, property and (or) its suitable balances received in connection with the refusal of the policyholder (beneficiary) from the ownership of the insured property, in non-credit financial organizations "
Registration N 39335
This Regulation comes into force on January 1, 2017.
This document is amended by the following documents:
Acting
The non-bank financial institution must also determine at the end of each reporting year whether there is any indication that a loss recognized in previous reporting periods, no longer exists or has diminished. If such indicators have been identified, as well as in the cases provided for by this Regulation, the non-bank financial institution shall test the assets for impairment in accordance with IAS 36 "Impairment of Assets".
2.1. For the purposes of this Regulation, the main asset is an object that has a tangible form, intended for use by a non-bank financial institution when performing work, providing services, or for management needs or for administrative purposes for more than 12 months, while performing following conditions:
The acquisition of objects can be carried out in order to ensure safety, environmental protection, as well as in cases stipulated by sanitary and hygienic, technical and operational and other special technical standards and requirements. Although the acquisition of such items does not directly increase the future economic benefits from their use, it may be necessary for the non-bank financial institution to obtain future economic benefits from the use of other assets or to support its primary business, therefore, such items can be recognized as property, plant and equipment.
2.2. A non-bank financial institution develops its own classification of fixed assets, similar in nature and use, into homogeneous groups, taking into account the specifics of activities and materiality criteria approved in the accounting policy. Homogeneous groups of fixed assets, in particular, may include: land, building, motor vehicles, furniture, equipment, computers.
2.3. The unit of accounting for fixed assets is an inventory item. A non-bank financial institution in the standards of an economic entity or other internal documents determines, using professional judgment based on the requirements of this Regulation, the minimum accounting item to be recognized as an inventory item based on the materiality criteria approved in the accounting policy.
2.4. As a rule, an inventory item of fixed assets is an object with all fixtures and fittings, or a separate structurally separate item designed to perform certain independent functions, or a separate complex of structurally articulated items that are a single whole and intended to perform a certain work. A separate complex of structurally articulated objects is one or more objects of the same or different purpose, having common adaptations and accessories, general management, mounted on the same foundation, as a result of which each object included in the complex can perform its functions only as part of the complex, and not independently ...
2.5. The useful life for the purposes of this Regulation is understood as the period of time during which the object will be available for use by a non-bank financial institution in order to obtain economic benefits.
If one item of fixed assets has several parts (components), the useful lives of which differ significantly, each such part (component) is recognized as an independent inventory item if its cost is significant relative to total cost of this fixed asset.
A part (component) can have a tangible form or represent the cost of overhaul, as well as to conduct technical inspections to identify defects, regardless of whether the elements of the object are being replaced.
The cost of major repairs and technical inspections is recognized as part (component) of an item of property, plant and equipment only in respect of regular material costs that arise at regular intervals during the useful life of an item of property, plant and equipment.
2.6. A non-bank financial institution has the right to combine into one accounting object items of the same nature and intended use, which are individually insignificant, and apply the requirements of this Regulation to their aggregate value.
For the purposes of this Regulation, the aggregated value of an item of fixed assets means the value obtained by summing the values of items of the same nature and intended use, combined into one accounting item.
2.7. Each inventory item of fixed assets, upon recognition, is assigned an inventory number. Assignment procedure inventory numbers a non-bank financial institution determines, if necessary, in the standards of an economic entity or other internal documents.
Depreciation is the systematic repayment of its depreciable amount during the useful life of an item of property, plant and equipment, which is defined as the original or revalued cost of the property, plant and equipment less the estimated residual value.