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Encyclopedia of accounting - Grachev RE Section II Part 1

Gratuitous receipts OS

The tax aspect. The cost of gratuitously received fixed assets relates to the gross income of the enterprise. This is a requirement of claims. 4.1.6 Article 4 of the Law on the taxation of profits. The requirement arguable, because it free assets gives the company increase its own capital in the amount of the value of these assets. Based on the fact that the Act does not specify how it should be assessed for tax purposes the assets are received free of charge, it can be assumed that the gross revenues in such a case shall be credited their fair value. That is, the evaluation of these assets for the purpose of taxation should be the same as required, and P (C) BU 7 for the purpose of accounting.

However claims. 4.2.15 of the Law on the taxation of profits establishes certain exceptions with respect to enrollment in gross revenues objects obtained free of charge.

The gross income does not include the cost of gratuitously received fixed assets (quoted from paragraphs 4.2.15.):

"If such fixed assets obtained by the decision of the central executive power (necessary to pay special attention to this paragraph. It's only the decision of the central executive. That is, if gratuitously received fixed assets by the decision of local authorities the cost of these facilities is required to be credited to the gross recipient of income - income tax payers); in the case of specialized enterprises exploiting power facilities, gas and heat supply, water supply, sewerage networks in accordance with the decisions of local authorities and executive bodies of the Council, adopted within their powers;

in the case of enterprises of communal property of the social infrastructure facilities specified in subparagraph 5.4.9 of paragraph 5.4 of Article 5 of the Act is on the balance of other companies and contained at their expense. "

With regard to the depreciation charged to cost of fixed assets with the aim of tax (! Not to be confused with the economically necessary depreciation, which is charged in the accounting records), the letter from the State Tax Administration of 01.07.98 №7866 / 10 / 15-1117 explained, "because when assets received free enterprise does not bear on their acquisition costs, such fixed assets not subject to amortization. " At the same time the STA is based on the claims. 8.1.1 Law on the taxation of profits, which states that subject to depreciation expense for the purchase of fixed assets. Consequently, the costs, not the cost. In connection with this clarification can be considered quite reasonable STA.

On the same principle based restriction on charge VAT tax credit. As the enterprise - acquirer of property rights, plant and equipment at no cost when they are gratuitous admission to the balance, and the tax credit received free PF does not occur (see paragraphs 7.4.1 of Article 7 of the Law on VAT..).

The accounting aspect. Upon reflection operations gratuitous acquisition of fixed assets is always one problem to solve. This applies to the use in such cases account 15 "Capital investments".

The fact is, that the score of 15, according to the Instruction №291, designed to take account of the cost of acquisition or creation of fixed assets. Consequently, since the gratuitous acquisition of fixed assets, the company does not compensate for the cost of these facilities the company - the transmitter of rights to possession, it is logical to assume (and this superficial logic followed by all well-known authors), that in this case the expense of 15 is not used, TE fair the price thus obtained objects shall be entered immediately in the article fixed assets (account 10). However, if the costs of the enterprise do occur (installation, commissioning, and other activities necessary to prepare the asset for use with the planned target), they are considered on account 15, t. E. Separately from the cost of gratuitously acquired the object, which already listed on the account 10.

It seems that this is not a problem, and a dilemma, because a logical question arises: how can enroll in an article of fixed assets, which can not be considered as such, for the simple reason that it is not in use, or at least not ready for it?

Meanwhile, no problems, no dilemma here, because the solution lies on the surface. Assets received free - is it free of objects, ready for use. A gratuitous reception facilities in the state in which they are not suitable for use - is it free of capital investment. Consequently, in the latter case, the expense of 15 "Capital investments" necessarily used in correspondence with a score of 424 "received free of non-current assets". For non-current assets, as is well known, except for fixed assets, related many other things, including the capital investment. In the first case, it is not used at all. Thus, either or.

For those who doubt the appointment of accounts 15 (as it is intended, as we know, to account for the costs, but what it costs for gratuitous acquisition?), There is a rational explanation: yes, indeed, the company is not wasted, but in fact exactly this amount gets an increase in equity, t. e. income, ie. e. profit. Income and expenses in equal amounts together give zero. This means that nothing superfluous in this case, the balance is formed - only true, complete and unbiased information: in assets - new investments and in liabilities - more profit.

Based on the foregoing, it free of fixed assets can occur both in the form of fixed assets (if transferred to tangible assets, fully ready for operation as directed), and in the form of capital investment (if transmitted to tangible assets, which before commissioning requires additional investment by the purchaser of the rights to ownership of the asset). The following diagrams illustrate both.

In addition, another question arises: how to assess the gratuitous acquisition of the object, if all services (notary, registration and other not directly related to the preparation for commissioning thus acquired object) are paid not by the transmitter, and at the expense of the enterprise - the purchaser of the rights to possession of the asset? On this there is a response to the new version of the P (S) BU 7.

Quote from 8:

"The initial cost of fixed assets consists of the following expenses: the amounts paid to suppliers of assets ... (excluding indirect taxes);

registration fees, state duties and similar payments made in connection with the acquisition (obtaining) the rights to fixed assets "; the amount of import duty;

amount of indirect taxes in connection with the acquisition (creation) of fixed assets (if they are not reimbursed by the company);

the cost of risk insurance the delivery of fixed assets;

the cost of transportation, installation, assembly, commissioning, plant and equipment. "

A quote from paragraph 10: "The initial cost of gratuitously received fixed assets is equal to their fair values ​​at the date of receipt, taking into account the costs provided for in paragraph 8".

The cited provisions give a definite answer: If the object of acquisition, the company has incurred costs, the initial cost incurred by an enterprise form the costs; if the object is obtained free of its original cost of nothing it is not a member, but is determined by estimating its fair (market) value; if gratuitous acquisition of the object now is still incurred certain costs, its initial value is formed taking into account these costs, but the total score gained thus an object should not exceed its fair (market) value (In any case, the excess should not be significant, otherwise simultaneously with the posting of the estimated object in such a way at once there is a need to do devaluation (see. claim 16 P (C) BU 7).

Of course, we cited above n. 10 to understand and so that the initial value of gratuitously received object must consist of the fair value plus the costs incurred by an enterprise in connection with such acquisition. It is not, because in this way violated one of the fundamental principles set forth by the Law of Ukraine on accounting - the principle of prudence (not to overstate assets). Therefore, we can not interpret the document, subject to the laws, contrary to the Act.

Adds something to the fair value of the injustice. The value of assets should not be higher than their market value and the market value and the fair value. The fair value of gratuitously received object has is its initial cost. If we add to this the cost of registration fees at least, it will exceed the fair value and, therefore, the asset will be valued in violation of the Accounting Act. According to paragraph 10 of the initial value of gratuitously received object has to be equal to its fair value - no more, no less. As to the words "taking into account the costs", they should be clearly understood: such costs should be included in the total fair value. This approach fully respects the principle of prudence.

Depreciation in the value of gratuitously received assets at the time of their operation is carried out according to the rules of logic. And that's very interesting, these postings essentially not much different from how it was done according to the rules for a long time and unjustly defamed accounting Soviet times: as the depreciation of assets increases amortfond; amortfond increases - decreases the source of acquisition of these assets to their carrying amount (residual) value. Change the number and name of the accounts does not mean that change is something essentially - anything like that. Nonsense, that now there is no number "Amortfond". This piece of the profit is still a month generated through the income account (in this case the account 745 "Income from assets received gratis"), and then, after the closing of the income account, the amount of depreciation anyway increments equity by exactly the amount by which it just reduced due to wear. To quote Instruction №291:

"On subaccount 745" Income from assets received gratis "summarizes the income from assets received gratis. If received free now non-current income assets is determined by the sum of depreciation of such assets together with its accrual ".1 Thus, traced a logical turn this part of the equity capital: additional increment due gratuitously received fixed assets capital gradually as the wear and tear of these assets during their operation, flows in another article on equity - profit part amortotchisleny incorporated in the price of the final product, because all amortotchisleniya as expenses incurred in connection with wear, customers compensated and remain in the company. You can put it even more simply: if the capital gain is a certain amount due is received free of non-current assets, based on the fact that these assets wear out, and at the same time, this amount of wear is compensated by the buyers (as amortotchisleniya laid in the price of the product), this capital will always be equal to this nth sum, at least as long as non-current assets corresponding to the value of another asset are recognized according to the criterion. As explained last two postings as shown in the table below.