Almost every enterprise has fixed assets (OS). They have a property to wear out. Under the rules of the PBU, the accounting of the OS is maintained, and amortization is charged on them.
it amounts aimed at recovering the wear of the OS. They are included in the costs of circulation or production.
Depreciation charges are amounts calculated on the basis of the book value of the relevant facilities and standards. The norm is the annual percentage compensation of the cost of the worn out part of the OS.
They are formed depending on the duration of the useful exploitation of objects:
- Group I - 1-2 years;
- II - 2-3;
- III - 3-5 years;
- IV - 5-7;
- V is 7-10;
- VI - 10-15;
- VII - 15-20;
- VIII - 20-25;
- IX - 25-30;
- X - more than 30 years.
What is a depreciation premium of fixed assets?
In the legislation this term is not disclosed. However, accountants and economists apply the concept quite actively in their activities.
The taxpayer may include in the costs,accounted for in the reporting period (depending on the taxation regime), the cost of capital investment in the OS, that is, the costs that the enterprise can recognize at a time. Such a "privilege" is amortization premium. Charging can be produced, including, for completion, reconstruction, modernization of the facility.
There are several of them.
At first, application of amortization premium It is impossible with respect to objects received at no cost. The corresponding rule establishes 9 point 258 of the Tax Code article.
Secondly, it is installed maximum depreciation premium. For OC in I-II and VIII-X groups, it is 10%, and for other objects (III-VII) - 30% (previously 10%).
These indicators are used in the creation, partial liquidation, acquisition, additional equipment, technical re-equipment, etc.
It is produced upon sale before the expiration of 5 years from the time the OS is put into operation. Recovery amortization premium is, in simple words, the inclusion of its amount in income. The corresponding requirement is stated in Par. 4 9 of item 258 of the Tax Code.
A 10-percent and 30-percent amount for any expenses is subject to recovery. For other disposal methods, this procedure is not provided.
The new edition of Article 258 of the Tax Code came into force in 2009.
In accordance with para. 2 3 of clause 272 of the Code, the amortization premium is the amount that is recognized in the costs of the period in which the accrual of depreciation of the objects into which the capital investments were made was started.
It follows that when you acquire / createobject, the 30% premium is applied to funds put into operation from December 2008. And in case of reconstruction and in other cases stipulated by item 9 of Article 258 of the Tax Code, this "privilege" can be used if the initial price of the improved objects changes after January 1. 2009
However, under the provisions of paragraph 10 of paragraph 9Articles ФЗ No. 224, the provisions of the new edition of Art. 258 should be applied to the OS, put into operation from January 2008. Accordingly, accountants had a question: should an amortization premium be included in the proceeds if the object purchased and put into operation in 2008 was the same year and implemented?
First, the Finance Ministry explained that it is necessary to restore the premium. However, a different opinion was subsequently expressed. As a result, the following position was adopted.
When implemented before the newthe provision on mandatory restoration of the premium (that is, before January 1, 2009) of the OS acquired in 2008, the payer should not include its amount in revenue. This conclusion is formulated on the basis of clause 2 5 of the Tax Code article, according to which the legislative acts on taxes and fees, fixing new duties or worsening the position of a business entity in another way, do not have retroactive effect.
It is worth mentioning that in case of realization after 01.01.2009 of the property put into operation from January 1, 2008, the amortization premium should be restored.
Payers can apply the premium, regardless of the way depreciation is calculated.
If a linear method is used, the initial cost of the object is reduced by amortization premium. This the cost is taken as the basis for the calculation of monthly depreciation in the tax account.
If an enterprise uses a non-linear method, the OS after commissioning is included (at its original cost reduced by a premium) into the appropriate group (subgroup).
For clarity, let's take a conditional company - ZAO Ivan. The initial data is as follows:
- Accrual of depreciation is carried out by non-linear method.
- With regard to OS III-VII gr. a 30 percent premium is applied.
- In August 2016 the enterprise bought and put into operation the equipment included in the seventh group. The initial cost of the OS is 1 million rubles.
Now hold calculation of amortization premiums. At the end of 9 months. 2016, the company's accountant will consider the following amount as part of the costs:
1 million r. x 30% = 300 thousand rubles.
The remaining part of the cost of equipment (1 million rubles - 300 thousand rubles = 700 thousand rubles) should be included in the total balance of the VII group from September 1, 2016.
Do I need to reflect the use of the award in financial policy?
Tax specialists and financiers believe that if an enterprise applies a "privilege", then it must be consolidated in accounting policy. The corresponding conclusion is present in the Letters of the Ministry of Finance and the Federal Migration Service.
Arbitration courts hold a different position. In particular, they believe that the company can use amortization premium and this a fact in accounting policy is not fixed.
Lawyers, in turn, recommend that they reflect the decision to use the "privilege" in order to avoid conflicts with the IFNS.
Consequences of use
In accounting, you can not use amortization premium. In the tax account, respectively, in the month of the beginning of the calculation of the amountson the wear of the object, there is a larger flow. Between accounts there is a temporary taxable difference. It leads to the emergence of IT (deferred tax liability).
Since the second month of calculation of depreciation amountsthe expense for tax accounting will be less than the accounting one. This is due to the fact that the amount of monthly depreciation will be higher, since the calculation is carried out at the original cost without taking into account the premium.
Accordingly, from the second month the temporary difference will decrease, and IT will be repaid.
Features of reflection
Consider wiring with amortization premium. Take a conditional enterprise LLC Antey. The initial data is as follows:
- In March 2016 the enterprise acquired and put into operation the OS, included in the III group.
- The cost of the facility is 1 million 200 thousand rubles. (without VAT).
- Duration of useful operation - 60 months. (5 years).
- The expenses and incomes at the enterprise are determined by the accrual method.
- In the tax accounting for OS III-VII groups a 30 percent premium is applied.
- Accrual of depreciation is made by a linear method both in tax and in accounting.
In March 2016, the accountant makes notes:
- Db cc. 08 sub. "Acquisition of the OS" Cd. 60 - 1 200 000 - purchase of the fixed asset was taken into account;
- Db cc. 01 sub. "Own OS" Cd. 08 sub. "Acquisition of OS" - 1 200 000 - reflects the commissioning of the OS.
Accounting for amortization premiums will be produced in April. In the tax account will be reflected the amount of 360 thousand rubles. (1 million 200 thousand rubles x 30%). The monthly depreciation amount will be:
(1 million 200 thousand rubles - 360 thousand rubles.) / 60 months. = 14 thousand rubles per month.
The total expenditure in April in the tax accounting will be:
360 thousand r. + 14 thousand rubles. = 374 thousand rubles.
Between the accounts there is a temporary difference. It is:
374 thousand rubles. - 20 thousand rubles. = 354 thousand rubles.
It, in turn, leads to the emergence of IT:
354 thousand rubles. x 20% = 70,800.
Postings in April should be as follows:
- Db cc. 20 Cd. 02 - 20 thousand rubles. - depreciation accrued for the OS;
- Db cc. 68 sub. "Calculations on income tax" Cd. 77 - 70,800 r. - it is taken into account IT.
In May and the following months throughout theperiod of useful operation of the object consumption in accounting will be more (20 thousand rubles> 14 thousand rubles.). In other words, there will be a temporary difference of 6 thousand rubles. Accordingly, it decreases by 1200 r. (6 thousand rubles x 20%).
Postings should be as follows:
- Db cc. 20 Cd. 02 - 20 thousand rubles. - Accumulated depreciation on the OS;
- Db cc. 77 Cd. 68 subst. "Calculations on the profit tax" - 1200 r. - partial repayment of IT is taken into account.
Difficulties with the restoration of the premium
Questions for accountants arise in connection with the fact,that neither in para. 4 9 clauses 258 of the Tax Code article, nor in other norms of Chapter 25 of the Code does it mention when it is necessary to restore the premium: in the period of its use or implementation of the OS.
According to the provisions of sub. 5 p. 4,271 items, receipts in the form of the amounts of the restored reserve and other similar incomes must be reflected on the last day of the tax (reporting) period, in which they, in fact, are being restored. The Finance Ministry explained that the amortization premium, recorded in the expenses under para. 2 9 points of art. 258 NC, are included in the database in the period in which the OS was implemented.
Accountants are also interested in the following questions: Does the inclusion of the premium in incomes indicate that the enterprise actually loses this amount and can not take into account in costs 10% or 30% of the initial price of the object? Can the payer, by restoring the premium, reduce the proceeds from the sale of the money by the same amount?
The Ministry of Finance explained that the business entity is nothas the right to recalculate the amount of depreciation on the sold object for past periods and its residual value. In this connection, on the basis of sub. 1 of item 1 of item 268 of the Tax Code, the income from the sale of this property can be reduced only by the residual value.
Accordingly, the amortization premium, the amount of which is restored, is not reflected in the composition of costs, neither in the period of its restoration, nor later.
Meanwhile, according to some experts, this position of the Ministry can be considered controversial. It is caused by the following.
In the legislation there is no direct prohibition onre-inclusion of the premium in expenses. As indicated in the sub. 1 of the first paragraph 268 of the Tax Code, when selling a depreciated facility, income is reduced by the residual value. It is the difference between the original price and the amount of depreciation that is accrued during operation.
The initial cost includes the costs of acquiring, constructing, delivering, manufacturing, bringing to a usable condition.
Further it is necessary to address to the paragraph. 3 9 of point 258 of the Tax Code. It notes that the OC in respect of which the premium was applied are included in the groups at their original cost, minus no more than 10% or 30% (for the corresponding group). The amount of these interests is included in the costs of the tax period.
It must be said that the abovethe wording does not directly imply a reduction in the value of the initial price of the OS object. It only stipulates a restriction on the inclusion of costs for the subsequent depreciation of property.
In addition, we are talking about percentagesinitial price, charged to costs. At the time of the implementation of the object, these amounts are subject to recovery. Accordingly, an enterprise selling the OS and including the premium amount in revenue may reduce the sales profit on the residual price of the facility, calculated in such a way as if the premium were not applied.
Problems with deadlines
As indicated in para. 4 9 items 258 of the Tax Code, it is necessary to restore the premium when implementing the OS before the expiry of 5 years from the date of commissioning. Accountants are wondering whether to comply with this requirement for property included in I-III group, if the date of sale is fully recovered?
Formally, the enterprise will have to comply with the requirements of the Code, since there are no restrictions on this matter.
The Ministry of Finance explained that from 01.01.2009 the premium should be restored regardless of whether the depreciation is compensated or not at the time of the implementation of the facility.
Meanwhile, by including the amount in the income, you can raisethe residual value of such property by the amount of this premium. By the rules of the sub. 1 of the first paragraph of Article 268 of the Tax Code, you can reduce the profit from the sale. However, the tax authorities can present claims to organizations in connection with the commission of such transactions.
Determination of the residual price before the expiry of 5 years: example
We take the following initial data:
- the initial cost of the facility is 30 thousand rubles;
- expenses for capital investments are reflected in the period of commissioning of the operating system (10%) - 3 thousand rubles;
- the amount of depreciation before the date of sale is 7 thousand rubles.
The calculation will be as follows:
- Initial cost = 30 thousand rubles. - 3 thousand rubles. = 27 thousand rubles.
- Residual price = 27 thousand rubles. - 7 thousand rubles. = 20 thousand rubles.
However, taking into account the above, based on the provisions of the Tax Code, the residual value will be greater:
30 thousand r. - 7 thousand rubles. = 23 thousand rubles.
Further assume that the OS was sold at a price of 25 thousand rubles. In this case, the payer's income will be:
- 25 thousand r. - 20 thousand rubles. = 5 thousand rubles. (guided by the position of the Ministry of Finance).
- 25 thousand r. - 23 thousand rubles. = 2 thousand p. (taking into account the norms of legislation).
The residual value of the sold object, suchcan be calculated as the difference between its initial price (costs without deduction of premium) and the residual value (the amount of depreciation without premium).
It is this approach that is recommended for use in determining the payer's income from the implementation of the OS. But in this case, claims from the side of the IFNS are possible.</ p>