"Financial newspaper", 2008, N 30
In practice, organizations often have to deal with issues related to errors in tax accounting, one of which is accounting for income (expenses) of past years identified in the current period. This problem occurs for various reasons: documents were skipped and were not posted in previous year, officials of the organization did not submit them to the accounting department in time, an arithmetic error was made, etc.
The practice of application by the tax authorities of Ch. 25 "Corporate income tax" of the Tax Code of the Russian Federation in terms of income (losses) of previous years identified in the reporting (tax) period, indicates that income (losses) of previous years are included in non-operating income (expenses) of that reporting (tax) period the period in which they are revealed, only if the period to which the indicated incomes relate is not known, otherwise, if the specified period is known, then in accordance with Art. 54 of the Tax Code of the Russian Federation, recalculation is made for the period in which an error (distortion) was made in determining the tax base. This means that the taxpayer must submit an updated declaration in the form that was in force in the period in which an error (distortion) was made in determining the tax base.
Thus, if it is impossible to determine the specific period of errors (distortions) in calculating the tax base based on the income of previous years identified in the reporting (tax) period, then these incomes are reflected in non-operating income, i.e. tax liabilities of the reporting period in which errors (distortions) are revealed are corrected.
It should be noted that the income of previous years, identified in the reporting (tax) period, are reflected in line 101 in Appendix N 1 to sheet 02 tax return on income tax of organizations, approved by the Order of the Ministry of Finance of Russia dated 05.05.2008 N 54n.
Here the following question is legitimate: in what cases this line is filled.
Two such cases can be named: the transition from the simplified taxation system to the general regime and the transition from the cash method to the accrual method.
Organizations that used the simplified taxation system, when switching to the calculation of the tax base for corporate income tax using the accrual method, recognize as income the repayment of debt (payment) to the taxpayer for goods delivered during the period of application of the simplified taxation system (work performed, services rendered), transferred property rights(clause 1 clause 2 article 346.25 of the Tax Code of the Russian Federation).
In the Letter of the Ministry of Finance of Russia dated November 30, 2006 N 03-11-04 / 2/252, it is clarified that organizations that have switched from a simplified system to a general taxation regime take into account, when determining the tax base for income tax, the amount of debt of buyers (customers) for sold by them goods (works, services) as of the date of transition to the general taxation regime (in the first reporting (tax) period of application of the general taxation regime), regardless of the time of repayment of this debt. The foregoing is due to the fact that, according to paragraph 1 of Art. 271 of the Tax Code of the Russian Federation for taxpayers who apply the accrual method when calculating corporate income tax, income is recognized in the reporting (tax) period in which they occurred, regardless of the actual income Money, other property (works, services) and (or) property rights.
Organizations that previously accounted for income on a cash basis, when switching to paying corporate income tax using the accrual method, are required to reflect the amount of receivables for goods (works, services) sold but not paid for, property rights as part of income from sales as of the date of transition.
The procedure for recognizing income under the accrual method is established by Art. 271 of the Tax Code of the Russian Federation, according to paragraphs. 6 clause 4 of which the date of receipt of income of previous years is the date of detection of income (receipt and (or) discovery of documents confirming the existence of income) - Resolution of the Federal Antimonopoly Service of the Volga District dated 06.06.2006 in case N A65-30940 / 2005-SA2-34, FAS of the Urals District dated 09/06/2005 in case No. Ф09-3842 / 05-С7.
It should be noted that in previous years the position of the Russian Ministry of Finance was such that corrections to tax reporting can only be made for the previous three years. This position was justified by the fact that, according to Art. 87 of the Tax Code of the Russian Federation, tax authorities can audit an organization only for three calendar years preceding the year of the audit (Letter of the Ministry of Finance of Russia dated 06.05.2005 N 03-03-01-04 / 1/236).
To date, the position of specialists of the tax authorities has changed. Now they do not dispute the taxpayer's right to submit revised declarations for periods exceeding three years, since Art. 81 of the Tax Code of the Russian Federation does not limit the right of a taxpayer to file an amended tax return for any period.
In the Letter of the Federal Tax Service of Russia dated 12.12.2006 N ChD-6-25 / [email protected] indicated that in such a situation tax authority is obliged to accept an amended tax return (calculation), and an application filed by the taxpayer for offsetting the amount of overpaid tax may be considered taking into account the supporting documents submitted by the taxpayer.
Consider, for example, the situation of identifying income from previous years.
As of May 1, 2007, a reconciliation of settlements with the supplier was carried out, the accountant discovered that in April 2006 a fixed asset (monitor) worth 10,000 rubles was not capitalized. according to the invoice (to simplify the calculations, VAT is not taken into account).
In May 2007, an accounting statement is drawn up, on the basis of which the following entry is made:
Debit 91, Credit 60 - 10,000 rubles. - reflects the cost of the acquired fixed assets put into operation in 2006.
For profit tax purposes, the cost of fixed assets must be included in expenses for 2006. When calculating income tax for 2007, this amount is not taken into account in expenses.
The profit of the organization in 2007 from the sale of goods (works, services) amounted to 200,000 rubles. both in accounting and tax accounting.
Income tax for 2007 will amount to 48,000 rubles. (200,000 x 0.24); the amount of overpayment for income tax for 2006 will be 2400 rubles. (10,000 x 0.24).
In accounting for 2007 there will be the following total entries:
Debit 90, Credit 99 - 200,000 rubles. - reflects the profit from sales of the current year;
Debit 99, Credit 91 - 10,000 rubles. - reflects the total amount of other expenses of the current year.
If an organization applies the Accounting Regulation "Accounting for income tax settlements", PBU 18/02, approved by Order of the Ministry of Finance of Russia dated November 19, 2002 N 114n, then the following entries are made in accounting:
Debit 99, Credit 68 - 45,600 rubles. - accrued conditional income tax expense for the current year 2007 [(200,000 rubles - 10,000 rubles) x 0.24];
Debit 99, Credit 68 - 2400 rubles. - a permanent tax liability has been accrued in terms of 2006 expenses identified in the reporting year (10,000 rubles x 0.24);
In the event that the organization, while maintaining accounting does not apply PBU 18/02, then instead of the last three entries, only two are made:
Debit 99, Credit 68 - 48,000 rubles. - accrued income tax for the current year according to tax accounting data;
Debit 68, Credit 99 - 2400 rubles. - reduced income tax for 2006
A.Kantrov
OOO "Capital Auditor"
Income tax - how to calculate for the year? Industrial Technologies LLC applies OSNO and pays income tax. At the end of 2017, Industrial Technologies LLC specialists calculated the company's tax profit based on the following indicators:
Material expenses - 2,897,562 rubles; - depreciation of fixed assets - 287,320 rubles; - labor costs and insurance premiums - 3,164,472 rubles;
Also, property received free of charge is not subject to taxation:
If the listed property was transferred for use or possession to third parties during the year, it is necessary to pay income tax in accordance with the general procedure.
Related video Please note If an organization applies PBU 18/02 “Accounting for corporate income tax settlements” when maintaining accounting, the amount of the error reflected in the sub-account “Other income” of account 91 is a permanent tax asset. It must be calculated at the rate of income tax in force in reporting period difference occurs. Constant tax asset reflected in accounting on the credit of account 99 in correspondence with account 68.
Sources:
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In addition, in order to switch to the cash method, the following condition must be met: sales proceeds, excluding VAT, on average for the previous four quarters, cannot exceed one million rubles for each quarter. Contents:
Carry forward of losses from previous years under the new rules
Author How Easy! No one is immune from mistakes, and after compiling financial statements in some cases, income is revealed that is not shown in it. The order in which changes are made depends on when the error was discovered - before or after the approval of the reporting. Related articles: Instruction 1 Make corrections to the financial statements dated December of the year for which the statements are prepared, if the error was discovered before the date of signing the reporting documents (in accordance with paragraph 6 of PBU 22/2010 "Correction of errors in accounting and reporting" ).Recalculate the amount of income tax for this period.
2 Include in the composition of other income of the current tax period the profit of previous years, if it was revealed after the approval of the financial statements. Corrections in this case are not included in the reporting.
In 2017, a batch of goods worth 200,000 rubles was sold. (excluding VAT). The costs include the purchase price of the goods - 180,000 rubles. In March 2018, the buyer filed a claim for the quality of the goods and returned the entire batch to the seller.
Important
The sale of defective goods refers to 2017, and at that time the income from the sale was reflected correctly, so the seller took into account in the 1st quarter of 2018: revenue in the amount of 200,000 rubles. - in non-operating expenses as a loss of previous years, identified in the current year; the purchase price of the goods in the amount of 180,000 rubles. - in non-operating income as income of previous years, identified in the current year. The organization has no other non-operating income and expenses in the 1st quarter of 2018. In the income tax return for the 1st quarter of 2018
Settlement account Settlement account for income tax is opened banking institution for legal entities and is intended for the storage of credited funds (revenue). When filling out a tax return without fail you must specify the code of the tax period. The period can be taken as one calendar month, quarter, year or other period of time.
Calculation Methods There are two methods for calculating income tax:
If only the current income tax is reflected in the Profit and Loss Statement, then the financial result will be 231,000 rubles. (300,000 rubles - 9,000 rubles - 60,000 rubles), and this does not correspond to accounting data. Therefore, two amounts must be reflected in the Profit and Loss Statement: - on line 150 - 60,000 rubles. in parentheses; - on the free line below - 2160 rubles. (the amount of overcharged income tax for the previous year, 2007, subject to refund). Then the net profit (line 190) will be 233,160 rubles.
And this amount corresponds to accounting data (account balance 99). Thus, the indicator of line 190 of the Profit and Loss Statement gives a real idea of the amount received by the organization net profit. Profit and loss statement for 2009 (thousand rubles)
For income tax purposes, the cost of the printer must be included in 2007 expenses. When calculating income tax for 2009, this amount is not taken into account in expenses. Let's assume that according to the results of 2009, the organization received a profit from the sale of goods (works, services) in the amount of 300,000 rubles.
both in accounting and tax accounting. The organization had no other income and expenses (besides the identified expenses of previous years). In such a situation, the amount of income tax for 2009 will be 60,000 rubles. (300,000 rubles x 0.20), the amount of overpayment for income tax for 2007 is 2160 rubles. (9000 rubles x 0.24). In accounting for 2009, we have the following final entries: Account Dt 90 - Invoice kit 99 - 300,000 rubles.
- reflects the profit from sales of the current year; Dt account 99 - Kt account 91 - 9000 rubles. - reflects the total amount of other expenses of the current year.
Make an entry in the accounting for the attribution of the identified amounts of unrecorded income to the credit of account 91 “Other income and expenses” (sub-account “Other income”) based on the accounting statement and primary documents for this operation. 3 Recalculate the tax base for income tax of previous years. Submit to the tax office an updated tax return for the tax period in which the revealed profit should be shown. The form of drawing up the declaration must correspond to that in force in this period.
When calculating income tax for the current period, the revealed amounts of profit from previous years are not taken into account. 4 Reflect the amount of additional accrued income tax of previous years in the profit and loss statement for the reporting tax period in a separate line after the amount of the current tax. In this case, no distortion total amount organization's net income.
Often, after the approval of the annual financial statements for the past year, organizations identify additional income and expenses related to it. In the period of detection of such income and expenses, the organization must recognize and reflect in accounting and reporting the profit (loss) of previous years. In Form No. 2 “Profit and Loss Statement”, the amounts additional income and expenses are recognized as other income or other expenses.
After the annual financial statements are approved in accordance with the established procedure, no corrections are made to the financial statements for the previous reporting year (paragraph 11 of the Instructions on the procedure for compiling and submitting financial statements). If, upon discovery of errors in tax reporting taxpayers must submit revised tax returns to the tax authority, then revised financial statements are not made and are not submitted.
If the organization in the current reporting period has identified an incorrect reflection business transactions on the accounting accounts, admitted last year, but the reporting for the previous year has already been approved, then corrections are made by entries on the corresponding accounting accounts in the month of the reporting period when the distortions are revealed.
Often, mistakes made in accounting lead to incorrect calculation of taxes and fees. The Tax Code of the Russian Federation determines that if errors (distortions) are found in the calculation of the tax base relating to previous reporting (tax) periods, in the current tax (reporting) period, the tax base and the amount of tax are recalculated for the period in which the indicated errors (distortions) were committed ). But such an order is valid only if it is possible to determine the period in which the mistake was made.
If it is impossible to determine the period of errors (distortions), then recalculation of the tax base and the amount of tax is carried out for the tax (reporting) period in which errors (distortions) were revealed.
Recalculation of tax liabilities can be made both in the direction of their increase and decrease. In a letter to the Ministry of Taxes Russian Federation dated March 3, 2000 No. 02-01-16 / 28 "On the correction of errors (distortions)" it is said that when establishing the facts of understatement of taxes and fees to the budget and off-budget funds taxable profit is reduced by the amount of additional taxes and fees subject to attribution to cost or financial results.
The letter of the Ministry of Finance of the Russian Federation dated December 10, 2004 No. 07-05-14 / 328 “On the reflection in the accounting records of an organization of additional income and expenses identified after the approval of the financial statements for the previous reporting year. In particular, it says the following:
Example 1
In May 2007, the organization's accountant discovered that he had made a mistake in calculating the organization's property tax for the 4th quarter of 2006. As a result of an error, the amount of property tax was overstated by 7,200 rubles, which, accordingly, led to an incorrect calculation of the organization's profit tax for 2006.
We remind readers that for the purposes of taxation of profits, according to the Tax Code of the Russian Federation, it refers to other expenses associated with production and sales. The date of recognition of expenses in the form of taxes and fees under the accrual method is the date of accrual of taxes and fees of the Tax Code of the Russian Federation). Thus, as a result of overstating the amount of property tax, the tax base for income tax for 2006 was understated by 7,200 rubles.
What should the accountant of the organization do in order to correct the errors that have arisen? It is necessary to correct the amount of property tax for 2006, make corrections in accounting, submit to the tax authority an updated tax return on property tax. In addition, it is necessary to adjust the tax base for income tax for 2006, determine the amount of tax, submit an updated income tax return, and pay the missing amount of tax and penalties.
Since the financial statements for 2006 have already been approved, no changes are made to accounting and reporting. Therefore, the accountant must make changes to the accounting in May 2007, that is, in the month when he discovered the error.
The amounts of property tax paid or payable by an organization form its expenses for ordinary activities, since, according to PBU 10/99, the expenses of an organization related to the manufacture of products, the sale of goods, the performance of work and the provision of services and that meet the definition of expenses of an organization are expenses for ordinary species activities. This opinion was expressed by specialists of the Ministry of Finance of the Russian Federation in Letter No. 07-05-12/10 dated October 5, 2005. But the amount of property tax in 2006 is reflected in the accounting incorrectly, therefore, in May 2007, the accountant must reflect in the accounting the profit of previous years, identified in the reporting year. How such amounts are reflected in accounting, we told at the beginning of the section.
If in the current period expenses were identified that were not taken into account in a timely manner in the periods to which they relate, then this is qualified as an error. The procedure for their accounting in both tax and accounting depends on a number of factors.
In tax accounting: general rule, if the error resulted in an overpayment of tax, it can be corrected in the current period, i.e. without submitting revised declarations. The adjustment is made in the current declaration in lines 400-403 of Appendix 2 to Sheet 02. Please note: if losses were received in the current period or in the period of the error, corrections can only be made by submitting an updated declaration, which should reflect the correct indicators (as if no error was made).
In accounting: if an error was made in a period for which the reporting has already been approved, corrections are reflected in the period of its discovery. Postings are made in accounting:
Debit 91-2 (84) Credit 60 (76, 02 ...) - an erroneously unreported expense of previous years was detected.
Which count to use, 91 or 84, depends on how significant the error amount is. Materiality is determined in accordance with your accounting policies. If the error is significant, use score 84; if it is not significant, use score 91. If the enterprise is small, use score 91, regardless of the materiality of the correction.
Please note: if the error is significant, the financial statements should be recalculated using the retrospective method (ie, as if the error had never occurred). For example, if in November 2016 an unrecorded expense was identified, the amount of which was recognized as significant, in the financial statements as of December 31, 2016, the indicators as of December 31, 2015 should be indicated retrospectively. At the same time, explanations are drawn up for the reporting, in connection with which the indicators as of December 31, 2015 in the reporting for 2016 differ from the corresponding indicators in the reporting for 2015.
If an error is discovered for a period for which the reporting has not yet been approved, corrections are made in the period of its commission.
If you apply PBU 18/02, when correcting an error, differences in accounting may occur. See attachment for details.
Rationale
(Colour highlights information that will help you make the right decision)
Elena Popova, State Counselor tax service RF I rank.
How to correct errors in accounting and financial statements
Misrepresentation of facts is recognized as an error economic activity in accounting and reporting. They also evaluate the situation when transactions were not recorded at all. Simply put, if you, through your own fault, made incorrect entries or did not reflect the operation at all, filled out the statements incorrectly, this is a mistake. This is indicated in paragraph 2 of PBU 22/2010.
But in the same paragraph of PBU there is an important reservation. Inaccuracies and omissions in the reflection of business transactions, identified upon receipt of new information, are not an error. For example, if the counterparty notifies you that it has previously provided you with incorrect data, and you have already recorded the operation, this will not be recognized as a mistake. After all, it wasn't your fault. You don't have to edit the entries either.
Causes of errors
Errors may occur in different reasons. There are five possible reasons for this:
Incorrect application of accounting legislation;
Incorrect use of accounting policies;
Allow inaccuracies in calculations;
Incorrectly classify and evaluate the facts of economic activity;
Officials commit dishonest actions.
This is stated in paragraph 2 of PBU 22/2010.
Types of errors
The procedure for correcting errors in accounting and reporting depends on the nature of the error and on the period in which it was made and discovered.
You can find the error at one of the following points.
The moment when the error can be detected
Until the end of the calendar
of the present year The reporting of the last year is for-
MirovanaReporting of the last year under-
WrittenLast year's accounts submitted to external usersLast year's accounts approvedAfter-
Blowing years
Year the error occurred The year following the one in which the error occurred
Errors are divided into significant and insignificant. You will have to determine the materiality threshold yourself. After all, there are no legal limits.
In this case, it is necessary to proceed both from the size and from the nature of this or that article or their group in the financial statements. Write the thresholds for the materiality of the error in accounting policy(clause 7 PBU 1/2008, clause 3 PBU 22/2010).
For example, you can prescribe the materiality threshold as follows: “A significant error is recognized, the ratio of the amount of which to the balance sheet currency for the reporting year is at least 5 percent.”
Error correction
The identified errors and their consequences must be corrected (clause 4 PBU 22/2010).
Make corrections to accounting on the basis of primary documents. Also, prepare accounting statements, in which indicate the rationale for corrections. This follows from general rule that each fact of economic activity must be formalized as a primary accounting document. This is expressly stated in Part 1 of Article 9 of the Law of December 6, 2011 No. 402-FZ.
Make corrections in accounting based on whether the error is significant or not. It is also important when a mistake is found. The table below will help you correct errors.
When and what error was foundHow to fixBasisExample
The mistake was made this year. The materiality of the error is not important In the month when the error was discovered, make corrections to the accounting.
When reporting, take into account the already corrected indicators. Paragraph 5 of PBU 22/2010 The accountant incorrectly reflected the implementation in March 2016, instead of 100,000 he indicated 150,000. The error was found in April 2016, corrections were made in April 2016
The error occurred last year. Reporting for this period has not yet been signed by the head.
The materiality of the error does not matter. Make corrections in December last year.
Generate reporting again Paragraph 6 PBU 22/2010 The accountant incorrectly reflected the implementation in March 2016, indicated 150,000 instead of 100,000. The error was found in January 2017, the head has not yet signed the reporting. Corrections were made in December 2016, reporting was re-formed
A significant error of last year was revealed in the current year. Reporting for the past period is ready, it was signed by the head. But the reports are not yet presented to external users
Make the necessary adjustments in December last year.
Redo the reporting and re-certify it with the head
Paragraph 7 of PBU 22/2010 The accountant incorrectly reflected the implementation in March 2016, instead of 100,000 he indicated 150,000. The error was found in February 2017, the head has already signed the reporting. Corrections were made in December 2016, reporting was re-assured by the head
A significant mistake was made last year. The reporting for this period has already been formed, it was signed by the head. Reporting is presented to external users. But not approved Fix the error in December last year.
Re-create the report. Assure it with the manager and present it to external users again. Paragraph 8 PBU 22/2010 The accountant incorrectly reflected the implementation in March 2016, instead of 100,000 he indicated 150,000. The error was found in February 2017, the manager has already signed the reporting. Reporting was presented to external users but not approved. Corrections were made in December 2016, the reporting was re-assured by the manager and presented to external users again
A significant error is discovered in the following year or several years later. Reporting for the period when the error occurred was prepared and signed by the manager. The reporting was submitted to external users and approved. Corrections are made in the period when the error was found. Do not specify the reporting for the period in which the error was made. All changes related to previous periods, reflect in the reporting of the current. In the explanations to annual accounts of the current period, indicate the nature of the corrected error, as well as the amount of adjustments for each article Clause 39 of the Regulations on Accounting and Reporting and clauses 10 and 15 of PBU 22/2010 The accountant incorrectly reflected the implementation in March 2016, instead of 100,000 indicated 150,000. The error was found in July 2017, the head has already signed the reporting. Reporting was presented to external users and approved. Corrections were made in July 2017. The explanations indicated that the error was significant and reflected the amount of adjustments
An insignificant error of previous years was found in the current year
Make adjustments in the period in which the error was identified.
There is no need to report corrections of minor errors of past periods in the current financial statements. Make changes to submitted reports
Paragraph 14 of PBU 22/2010 The accountant incorrectly reflected the implementation in March 2016, instead of 100,000 he indicated 150,000. The error was found in July 2017, the head has already signed the reporting. Reporting was presented to external users and approved. Corrections made in July 2017
The postings with which corrections are made depend on the moment when the error was discovered and on how significant it is. Accounting entries will differ in the following cases:
Correct errors of the current period;
Errors of past periods are corrected - significant and insignificant.
If your organization is small, then you can apply a simplified procedure. In this case, the significance of the error will not matter, just as it will not play a role when this inaccuracy is discovered.
How to correct errors in the current period in accounting
In accounting, correct the errors of the current period with the necessary adjustment entries.
An example of correcting an error in accounting. The error was discovered before the end of the year when reporting for half a year
The mistake was made and revealed within one year. Therefore, it must be corrected on the same accounting accounts in the month when it was discovered. In May, the accountant made corrections based on the accounting statement:
Debit 44 Credit 60
- 25,000 rubles. - canceled the debt to the supplier;
Debit 90-2 Credit 44
- 25,000 rubles. - expenses for ordinary activities are reversed;
Debit 44 Credit 60
- 23,000 rubles. - reflects the debt to the supplier;
Debit 90-2 Credit 44
On June 22, 2015, the accountant of Alfa LLC discovered that in the first quarter of 2015, the accrued advance on corporate property tax was incorrectly reflected in accounting. Instead of 210,000 rubles. 180,000 rubles were reflected. There are no errors in the tax returns.
The error was found before the end of the year, so it was reflected in the expenses for ordinary activities of the reporting period. Corrections to accounting were made on the basis of an accounting statement:
Debit 20 Credit 68 sub-account "Calculations on property tax of organizations"
- 30,000 rubles. - reflects the additional charge of corporate property tax for the 1st quarter of 2015.
How to correct significant errors in past periods in accounting
Significant errors of the previous year, discovered before the approval of the annual accounts for that period, correct using the appropriate accounts for accounting for costs, income, calculations, etc.
If significant errors of previous years are identified, the reporting for which is signed and approved, make corrections using account 84 “Retained earnings ( uncovered loss)” (subclause 1 clause 9 PBU 22/2010).
There are two options
Option 1. When, as a result of an error, the accountant did not reflect any income or overestimated the expense, make a posting:
Debit 62 (76, 02...) Credit 84
- erroneously unreported income (overreported expense) of the previous year was detected.
Option 2. If, as a result of an error, the accountant did not reflect any expense or overestimated income, make the following entry:
Debit 84 Credit 60 (76, 02...)
- an erroneously unreported expense (overreported income) of the previous year was identified.
But what to do when mistakes were made not only in accounting, but also in tax accounting?
Then in the first case, you will have to make the necessary additional charges. Here, for example, what kind of posting should be done for income tax if the tax base was underestimated:
- additionally accrued income tax of the previous year according to the revised declaration.
In the second case, when taxes were overpaid as a result of an error, make entries based on the corrections that you make in tax accounting. There can be three situations here.
1. If you are filing an amended tax return for the year in which the error was made, then record:
– the income tax of the previous year was reduced according to the revised declaration.
2. Correcting errors in tax accounting for the current period, make a posting in accounting:
Debit 68 subaccount "Income Tax" Credit 99
- a permanent tax asset is reflected due to the fact that expenses (reduced income) relating to the previous year are recognized in the tax accounting of the current period.
3. When it was decided not to correct the error in tax accounting, then additional entries do not need to be made. Since in accounting, the correction of significant errors does not affect the accounts of the financial results of the current period.
How to correct insignificant errors of past periods in accounting
Correct insignificant errors in accounting. Profit or loss that will arise as a result of adjustments, reflect on account 91 “Other income and expenses”. It does not matter whether the reporting was approved by the time the error was discovered or not. This conclusion follows from paragraph 14 of PBU 22/2010.
If, as a result of an insignificant error, the accountant did not reflect any income or overestimated expenses, make a posting:
Debit 60 (62, 76, 02...) Credit 91-1
- erroneously unreported income (overreported expense) was detected.
When, as a result of an insignificant error, the accountant did not reflect any expense or overestimated income, make a note:
Debit 91-2 Credit 02 (10, 41, 60, 62, 76...)
- an erroneously unreported expense (overreported income) was identified.
Editing minor errors in accounting affects the accounts of the financial results of the current year, in tax this does not always happen. This means that there will be permanent differences that need to be reflected in accounting according to the rules of PBU 18/02.
There are two options. When income tax due to minor errors was underestimated or overestimated.
Option 1 - income tax is understated. In this case, in tax accounting, corrections are made and an updated tax return is submitted for the period in which the error was made. At the same time, income tax is charged. However, in accounting this is done as the current period. At the same time, in accounting it is necessary to reflect a permanent tax asset:
Debit 68 subaccount "Calculations for income tax" Credit 99 subaccount "Permanent tax assets"
- reflects a permanent tax asset.
An example of correcting an insignificant error (unrecorded income) in accounting and tax accounting. The mistake was made last year, the reporting for which was signed and approved
In March 2015, the accountant of Alfa LLC discovered an error when calculating income tax for 2014 - revenue from the sale of goods in the amount of 250,000 rubles was not taken into account. Income in Alpha is recognized equally in both tax and accounting records. As a result, the organization underpaid tax, the amount of which amounted to 50,000 rubles. (250,000 rubles? 20%).
The accountant filed an updated income tax return for 2014 and made the following entries:
Debit 62 Credit 91 sub-account "Other income"
- 250,000 rubles. - reflected income (sales proceeds) of the last tax period, identified in the reporting year;
Debit 99 sub-account "Income tax surcharge due to the detection of errors"
- 50,000 rubles. – additionally accrued income tax of the previous year according to the revised declaration;
Debit 68 subaccount "Calculations for income tax"
Credit 99 sub-account "Permanent tax asset"
- 50,000 rubles. - a permanent tax asset is reflected in the amount of proceeds from the sale of 2014, which is shown in accounting in income of 2015, and in tax accounting - in income of 2014.
For the 1st quarter of 2015, the amount of tax payable is 170,000 rubles. In this way, total debt for income tax before the budget amounted to 220,000 rubles. (170,000 rubles + 50,000 rubles), including 170,000 rubles. - current income tax and 50,000 rubles. – surcharge due to a past period error. Alpha accountant makes the following posting:
Debit 99 subaccount "Conditional income tax expense"
Credit 68 sub-account "Calculations for income tax"
- 220,000 rubles. - reflected the conditional income tax expense.
Option 2 - income tax is too high. In this case, the accountant himself decides how long to make changes or even not to do it at all.
If he corrects the error by recalculating the tax of the current period, then he will make changes in both accounting and tax accounting at the same time. There will be no difference. They will arise only if the accountant decides to submit an updated declaration for the past period or not to make changes at all. Then tax profit the current period will be greater than that obtained in accounting. This means that there will be a permanent tax liability. Reflect it in the accounting as follows:
- reflects a permanent tax liability.
This follows from paragraphs 4, 7 PBU 18/02.
An example of correcting an insignificant error (unrecorded expense) in accounting and tax accounting. The mistake was made last year, the accounts for which were signed and approved. In tax accounting, an error is corrected in the period in which it was made.
In March 2015, the accountant of Alfa LLC discovered an error when calculating income tax for 2014 - expenses (cost of goods sold) in the amount of 150,000 rubles were not taken into account. Expenses are equally recognized in tax and accounting. As a result, the organization overpaid tax, the amount of the overpayment amounted to 30,000 rubles. (150,000 rubles? 20%).
Alfa's accountant filed an updated income tax return for 2014 and made the following entries:
Debit 91 sub-account "Other expenses" Credit 41
- 150,000 rubles. - reflects the expenses (cost of goods sold) of the last tax period identified in the reporting year;
Debit 68 sub-account "Calculations on income tax" Credit 99 sub-account "Overpayment of income tax on the revised declaration"
- 30,000 rubles. – the income tax of the previous year was reduced according to the revised declaration;
Debit 99 subaccount "Permanent tax liabilities" Credit 68 subaccount "Calculations for income tax"
- 30,000 rubles. - a permanent tax liability is reflected in the amount of expenses in 2014, which is shown in accounting in expenses in 2015, and in tax accounting - in expenses in 2014.
For the 1st quarter of 2015, the amount of tax payable to the budget is 110,000 rubles. The balance sheet profit is less than the tax profit due to the expenses taken into account for taxation in the revised declaration of the previous year. The tax calculated on the balance sheet profit is 80,000 rubles. (110,000 rubles - 30,000 rubles). The accountant makes the following entry:
Debit 99 subaccount "Conditional income tax expense" Credit 68 subaccount "Calculations for income tax"
- 80,000 rubles. - reflected the conditional income tax expense.
Taking into account the overpayment of tax for 2014, 80,000 rubles must be transferred to the budget. (110,000 rubles - 30,000 rubles).
Attention: there is an opinion that all expenses that are not taken into account when calculating income taxes should be reflected in accounting as part of others. This is not true. Officials will be fined for a mistake. If, as a result, taxes are also underestimated, then the organization itself will be punished, and the amount of fines will increase. But there is a way out.
If during the audit they find a similar mistake of previous years, due to which the reporting and taxes are distorted, then it will not be possible to avoid liability. You will mitigate the consequences if you independently recalculate taxes and hand over the correct information, pay penalties.
As for the mistakes of the current year, everything is fixable. If you correctly qualify the expenses, then you will successfully generate reports and calculate taxes. Reverse erroneous entries.
Remember, expenses are taken into account depending on their purpose and the conditions under which they are incurred. So, for example, in accounting, costs are attributed not only to others, but also to expenses for ordinary activities (clause 4 of PBU 10/99).
Alpha Organization pays compensation to an employee when his car is used for business purposes. Compensation is 5000 rubles. per month. But when calculating income tax, only 1200 rubles are taken into account. (Decree of the Government of the Russian Federation of February 8, 2002 No. 92).
Debit 20 Credit 73
- 1200 rubles. – Compensation was accrued to an employee for a personal car within the limits;
Debit 91-2 Credit 73
- 3800 rubles. - Compensation was accrued to an employee for a personal car in excess of the norms.
Correct like this:
Debit 20 (26, 44…) Credit 73
- 5000 rubles. - Compensation paid to an employee for a personal car.
Here's how to fix the error:
Debit 91-2 Credit 73
- 3800 rubles. – compensation to an employee for a personal car in excess of the norms was reversed;
Debit 20 Credit 73
- 3800 rubles. - Compensation paid to an employee for a personal car.
A mistake was made in accounting for a small business
Significant errors of previous years, made in the accounting of small enterprises, can be corrected in the same manner that is provided for correcting minor ones. That is, without a retrospective recalculation of financial statements (clause 9 of PBU 22/2010, part 4 of article 6 of the Law of December 6, 2011 No. 402-FZ).
An example of a correction in accounting and reporting of a significant error (overreported expense) by a small business. The mistake was made last year, the reporting for which was signed and approved
Alfa LLC is a small business. In March 2015, after the approval of the financial statements for 2014, Alfa's accountant revealed an error made in the first quarter of 2014.
The accounting reflected the cost of work performed by the contractor in March 2014 - 50,000 rubles. (without VAT). The act also indicates the amount of 40,000 rubles. (without VAT). The work performed was paid to the contractor in full (40,000 rubles) in March 2014. Thus, as of December 31, 2014, Alpha had a accounts payable in the amount of excessively written off expenses - 10,000 rubles.
Alpha's accounting policy stipulates that material errors of previous years, identified after the approval of financial statements, are corrected without retrospective restatement.
March 2015:
Debit 60 Credit 91-1
- 10,000 rubles. - reflects the cost of the contractor's work, erroneously attributed to expenses in the 1st quarter of 2014.
Since the financial statements for 2014 have already been approved, no corrections are made to them.
Corrections are made in accounting in 2015. In tax accounting, corrections are made in the period of the error. In this regard, Alfa's accountant filed an updated income tax return for 2014.
Alpha is a small business, therefore PBU 18/02 does not apply. This means that the accountant will not have to reflect the discrepancies between accounting and tax accounting data.
Impact of past period errors on current reporting
Correction of significant errors of the previous year, identified after the approval of the accounting, affects the balance sheet and other forms of the current year. Only when it is impossible to establish a connection between an error and a specific period, as well as to determine its impact on all previous periods, no corrections will have to be made.
Example of correction in accounting and reporting of a significant error (overreported expense) by an enterprise that is not small. The mistake was made last year, the reporting for which was signed and approved
In March 2015, after the approval of the financial statements for 2014, the accountant of Alfa LLC revealed an error made in the first quarter of 2014.
The accounting reflected the cost of work performed under the act received from the contractor in March 2014 in the amount of 50,000 rubles. (without VAT). In fact, the act indicates the amount of 40,000 rubles. (without VAT). The work performed was paid to the contractor in full (40,000 rubles) in March 2014. Thus, as of December 31, 2014, accounts payable in the amount of overwritten expenses of 10,000 rubles were formed in Alpha's accounting.
Excess write-offs accountant reflected in the accounting as follows.
March 2015:
Debit 60 Credit 84
- 10,000 rubles. - reflects the cost of the contractor's work, erroneously attributed to expenses in the 1st quarter of 2014;
Debit 99 Credit 68 sub-account "Income Tax"
- 2000 rubles. (10,000 rubles? 20%) - additional income tax is charged.
Since the financial statements for 2014 have already been approved, no corrections are made to them.
Therefore, the accountant of Alfa reflected the result of the corrections in the financial statements for 2015 in the sections where the indicators of 2014 are recorded. At the same time, he corrected the data as if there had never been an error (if expenses in the amount of 40,000 rubles were initially reflected). In the column for comparative indicators of 2014 for the lines of cost and profit (Report on financial results, approved by order of the Ministry of Finance of Russia dated July 2, 2010 No. 66n), the accountant reflected the amount by 10,000 rubles. different from the one that stands on the same lines in the reporting of 2014 for the corresponding period. In the balance sheet for 2015, the opening balances as of January 1, 2015 were recalculated by the accountant based on the cost of work performed indicated in the act, equal to 40,000 rubles, and not 50,000 rubles. Income tax increased by 2000 rubles.
In addition, Alfa's accountant filed an updated income tax return for 2014.
A significant mistake may have been made more than two years ago. In this case, you need to adjust the opening balances for the relevant reporting items at the beginning of the earliest year presented. This is stated in paragraph 11 of PBU 22/2010.
If it is impossible to determine the impact of a material error on one (or more) of the previous reporting periods presented in the financial statements, the opening balance is adjusted to the beginning of the earliest of the periods for which recalculation is possible. This situation may arise if, in order to determine the impact of the error on the previous reporting period:
- complex and (or) numerous calculations are required, during which it is impossible to extract information about the circumstances that existed at the date of the error;
- it is necessary to use information received after the date of approval of the financial statements for the previous reporting period.
This procedure is prescribed in paragraphs 12, 13 PBU 22/2010.
A responsibility
For errors in accounting and reporting, officials of organizations will be fined. And if, as a result, taxes are also underestimated, then the organization itself will be punished, and the amount of fines will increase.
Gross violation of accounting requirements, including financial statements, is fraught with fines. For such actions, an official faces a fine in the amount of 5,000 to 10,000 rubles. Repeated violation threatens with a fine of 10,000 to 20,000 rubles. or disqualification for a period of one to two years.
Punishment at the request of the tax inspectorate is appointed by the court (part 1 of article 23.1, article 15.11 of the Code of Administrative Offenses of the Russian Federation).
In each case, the perpetrator of the offense is determined individually. At the same time, the courts proceed from the fact that the head is responsible for organizing accounting, and Chief Accountant- for its correct maintenance and timely reporting. The judges justify such a decision by the provisions of paragraph 24 of the resolution of the Plenum Supreme Court RF dated October 24, 2006 No. 18.
Often, the chief accountant or the one who replaces him is found guilty. The head of the organization may be found guilty:
- if the organization did not have a chief accountant at all (decree of the Supreme Court of the Russian Federation of June 9, 2005 No. 77-ad06-2);
- if accounting and tax calculation were transferred to a specialized organization (clause 26 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of October 24, 2006 No. 18);
- if the cause of the violation was a written order of the head, with which the chief accountant did not agree (clause 25 of the decision of the Plenum of the Supreme Court of the Russian Federation dated October 24, 2006 No. 18).
At the same time, the head or chief accountant may be completely exempted from administrative responsibility if:
The organization submitted an updated tax return (calculation) and paid additional taxes and fees, as well as penalties;
The organization corrected errors in the statements (for example, filed revised financial statements) prior to their approval.
This is stated in paragraph 2 of the note to Article 15.11 of the Code of Administrative Offenses of the Russian Federation.
However, incorrect reflection in accounting of assets and business transactions can be recognized as a gross violation of the rules for accounting for income and expenses. That is, if taxes are lowered. Liability in this case is provided for in paragraph 3 of Article 120 tax code RF.
If such a violation is committed within one tax period, the inspection has the right to fine the organization in the amount of 10,000 rubles. If the violation was discovered in different tax periods, the fine will increase to 30,000 rubles.
Violation, which led to an underestimation of the tax base, is punishable by a fine of 20 percent of the amount of each unpaid tax, but not less than 40,000 rubles.
When is an organization required to file an amended tax return?
Understatement of the tax base
The organization is obliged to submit an amended tax return if it found inaccuracies or errors in the previously submitted declaration, which led to an underestimation of the tax base and incomplete payment of tax to the budget. An amended declaration must be submitted if the period in which the error was made is known. If the period in which the error was made is not known, the amended declaration is not submitted. In this case, recalculate tax base and the tax amount is needed in the period in which the error was discovered. This follows from the provisions of paragraph 1 of Article 81 and paragraph 1 of Article 54 of the Tax Code of the Russian Federation.
This procedure applies to both taxpayers and tax agents. Wherein tax agents are obliged to submit updated calculations only for those taxpayers in respect of which errors were found. This is stated in paragraph 6 of Article 81 of the Tax Code of the Russian Federation. For example, an updated tax calculation on income paid to foreign organizations should be submitted only for those taxpayers whose data in the original calculation was distorted.
Tax overpayment
If an error made in the tax return resulted in an excessive payment of tax, then the organization has the right to:
Submit an updated declaration for the period in which the error was made (but is not required to do so);
Correct the error by reducing the profit and tax amount for the period in which this error was discovered. This method can be used regardless of whether the period in which the error was made is known or not;
Do not take any measures to correct the error (for example, if the amount of the overpayment is insignificant).
This follows from the provisions of paragraph 3 of paragraph 1 of Article 54 and paragraph 2 of paragraph 1 of Article 81 of the Tax Code of the Russian Federation. Similar clarifications are contained in the letters of the Ministry of Finance of Russia dated July 22, 2015 No. 03-02-07/1/42067, dated January 23, 2012 No. 03-03-06/1/24, dated August 25, 2011 No. 03- 03-10/82 and the Federal Tax Service of Russia dated March 11, 2011 No. KE-4-3/3807.
It is possible to correct the tax base of the current period not only if errors are found in the declarations. You can also use the provisions of paragraph 3 of paragraph 1 of Article 54 of the Tax Code of the Russian Federation in cases where the overpayment of tax arose due to changes in legislation that have retroactive effect. If such changes improve the position of the taxpayer, then the organization may find income that previously could not be excluded from the tax base, or expenses that were previously prohibited from being taxed. It is not necessary to file revised declarations in such situations. You can recalculate tax liabilities in the current period. This conclusion follows from the letter of the Federal Tax Service of Russia dated June 24, 2014 No. ED-4-15/12067.
Situation: for which taxes can the norms of articles 54 and 81 of the Tax Code of the Russian Federation on the recalculation of the tax base be applied without submitting revised declarations. In the current period, errors were detected that were made in previous periods and resulted in an overpayment
The possibility of applying the norms of these articles exists only in relation to income tax, transport tax, mineral extraction tax and single tax with simplification.
This is explained as follows.
The totality of the provisions of paragraph 1 of Article 54 and Article 81 of the Tax Code of the Russian Federation provides for three options for correcting errors that resulted in excessive payment of tax. The choice of any of these options is the right of the organization.
One option is to reduce the tax base in the period when the error was discovered by the amount of overstatement made in previous periods. Paragraph 3 of paragraph 1 of Article 54 of the Tax Code of the Russian Federation does not contain any restrictions on the composition of taxes, therefore, from its literal interpretation, we can conclude that an organization has the right to use this option in relation to any taxes. However, for most of them, there is no mechanism for exercising this right.
In particular, Chapter 21 of the Tax Code of the Russian Federation does not contain rules that allow adjusting the tax base and the amount of tax in the current period if errors are found in past periods (letter of the Russian Ministry of Finance dated December 7, 2010 No. 03-07-11 / 476). Moreover, in accordance with paragraphs 3 and 11 of section II of Appendix 5 to Decree of the Government of the Russian Federation of December 26, 2011 No. 1137, if errors are found, the organization must make corrections to the sales book. And for this, it is necessary to draw up an additional sheet to the sales book for the period in which the mistake was made. The organization is not entitled to correct the indicators of the sales book in the current period (the period of error detection). Thus, the error made in determining the tax base for VAT in the past period can be corrected in the only way - by submitting an updated tax return for this period.
However, this rule does not apply to cases where the organization did not deduct VAT in the period in which all the conditions for this were met. Application tax deduction in later periods is not a mistake. The provisions of subparagraph 1.1 of Article 172 of the Tax Code of the Russian Federation allow you to use the deduction within three years from the date of registration of the purchased goods (works, services). Accordingly, simply reflect the “late” deduction in the current declaration for the tax period. You do not need to submit an updated report.
When assessing the possibility of applying the provisions of paragraph 3 of paragraph 1 of Article 54 of the Tax Code of the Russian Federation to other taxes, the following should be taken into account. Calculations of the tax base for the current reporting (tax) periods are reflected in tax returns (clause 1, article 80 of the Tax Code of the Russian Federation). Consequently, the results of the recalculation (reduction) of the tax base due to errors made in past periods should also be recorded in declarations for current periods.
Currently, such transactions can be correctly reflected only in income tax returns, MET, transport tax, according to ESHN and according to single tax with simplification. At the same time, the accountant must be prepared for the fact that tax office demand from him an explanation regarding the reduction of the tax base. Existing Forms declarations on excise taxes, property tax, land tax and UTII do not allow reflecting in them the results of the recalculation of the tax base for previous periods. Therefore, in order to correct the mistakes made, the organization will have to file revised tax returns.
Error in the declaration for the period of losses
Some features have a procedure for correcting errors in income tax returns for those tax periods in which the organization has a loss. If in previous periods the organization identified expenses that were not previously taken into account in the taxation of profits, it is impossible to include such expenses in the calculation of income tax for the current period. Such errors do not entail an excessive payment of tax, therefore, the organization must submit an amended declaration, reflecting the increased amount of expenses in it. It is wrong to increase the amount of the loss that has developed in the current period at the expense of expenses not taken into account in previous periods.
A similar procedure should be applied for simplification, when the organization corrects errors in the single tax declaration for the period in which the loss occurred.
This conclusion follows from the letters of the Ministry of Finance of Russia dated July 22, 2015 No. 03-02-07 / 1/42067, dated April 27, 2010 No. 03-02-07 / 1-193 and dated April 23, 2010 No. 03- 02-07/1-188.
An example of correcting an error in the income tax return for the period in which the organization received a loss
The income tax return for 2014 reflects a profit in the amount of 500,000 rubles. In 2015, the accountant of the organization discovered that when drawing up this declaration, he did not take into account the cost of paying rent in the amount of 10,000 rubles. The accountant decided not to submit an updated declaration for 2014, but to take these expenses into account when calculating income tax for 2015.
At the end of 2015, the organization had a loss of 200,000 rubles. The obligation to pay income tax for 2015 does not arise in this case, so the decision to include the identified expenses of 2014 in the tax return for 2015 was wrong. The accountant excluded 10,000 rubles. from the expenses of 2015 and submitted an updated income tax return for 2014.
After clarifying the amount of expenses in the tax return for 2014, a profit in the amount of 490,000 rubles was reflected. (500,000 rubles - 10,000 rubles). The declaration for 2015 reflects a loss in the amount of 190,000 rubles. (200,000 rubles - 10,000 rubles).
The choice in such a situation is obvious: it is better to correct all errors in one period - this will eliminate arrears and penalties, or at least reduce their size. What is recalculation Expenses relating to any of the periods prior to 2009 are unprofitable to include in the calculation of current taxable income if their amount is large. After all, then the tax was levied at a rate of 24 percent instead of the current twenty, respectively, four percent of the amount of discovered expenses will have to be donated to the budget. However, this will happen only if you follow the interpretation given by the Ministry of Finance to the specified in Art. 54 of the Code on the method of correcting errors. Please note that in paragraph 1 of Art. 54 refers to the correction of the error not in the initial calculation of the base and tax of the current period, but by their "recalculation".
Firstly, in the arbitration practice of past years, there are many cases in which inspectors justified the impossibility of transferring deductions to the future, namely Art. 54 NK: she supposedly prescribes to correct mistakes in the period of their commission. Thus, they recognized the legitimacy of applying the provisions of this article to VAT deductions.
Secondly, recently the Supreme Court of Arbitration The Russian Federation made a precedent decision: it canceled the decisions of the lower courts, which supported the inspectorate that challenged the transfer of deductions to the future. At the time this issue of the Calculation went to press, the text of the Resolution of the Supreme Court on this dispute had not yet been made public, however, its position can be judged by the Ruling on the transfer of the case to the Presidium (Ruling of the Supreme Arbitration Court of the Russian Federation of April 29, 2010 No.
No BAC-2217/10).
The overpayment will be leveled by reducing the tax base and the amount of tax in the current period. At the same time, the agreed position of the Ministry of Finance and the Federal Tax Service on the application of par.
N AC-4-3/13421, after analyzing the provisions of par. 3 p. 1 art. 54 of the Tax Code, from the point of view of syntax, came to the conclusion that the recalculation of the tax base and the amount of tax in the period of detection of an error (distortion) can be made only if it is impossible to determine the period of its commission. Specialists of the Ministry of Finance argue that this applies, among other things, to cases where mistakes (distortions) have led to the excessive payment of tax (Letter of the Ministry of Finance of Russia dated October 17, 2013 No.
of the Tax Code, when calculating income tax, non-operating expenses are equated, among other things, with losses of previous tax periods identified in the current reporting (tax) period. However, as pointed out by the Supreme Arbitration Court of the Russian Federation in Resolution No.
Attention
N 4894/08, a loss for profit tax purposes is understood as a negative difference between income and expenses accepted for tax accounting(Clause 8, Article 274 of the Tax Code). Meanwhile, expenses under the accrual method are directly recognized as such in the reporting (tax) period to which they relate, regardless of the time of the actual payment of funds and (or) another form of payment (para.
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A selection of the most important documents on request Past expenses (regulations, forms, articles, expert advice and much more). Regulations: Expenses of past periods Order of the Ministry of Finance of Russia dated July 29, 1998 N 34n (ed.
Representatives of the Russian Ministry of Finance emphasized that this is possible in two cases: when it is impossible to determine the period of errors (distortions) and when the mistakes made led to the excessive payment of tax. In which tax period it is necessary to reflect the unaccounted income of the last tax period, find out from the material “Accounting for income of previous years identified in the reporting (tax) period” in the Encyclopedia of Solutions. Taxes and contributions” of the Internet version of the GARANT system. Get free access for 3 days!Get access Thus, a taxpayer who made mistakes that led to excessive payment of tax in the previous tax period has the right to adjust the tax base for the tax period in which errors were discovered.
Shutterstock.com The Ministry of Finance of Russia clarified that an organization may include in the tax base of the current reporting period the amount of the identified error that led to the excessive payment of tax in the previous reporting period, only if a profit was received in the current reporting period. If, at the end of the current reporting period, a loss is received, then it is necessary to recalculate the tax base for the period in which the error occurred (letter of the Department of Tax and Customs Policy of the Ministry of Finance of Russia dated March 24, 2017 No. 03-03-06/1/17177). Recall that if errors are found in the calculation of the tax base relating to past tax periods, in the current tax period, the tax base and the amount of tax are recalculated for the period in which these errors were committed (clause 1, article 54 of the Tax Code).
The right is forever Recognition of expenses in the calculation of taxable income is the responsibility of the taxpayer. However, there are a number of costs, which are discussed in Chap. 25 of the Tax Code states that firms have the right to include them in expenses.
Striking examples are the depreciation bonus and increasing coefficients to the depreciation rate, the use of which in each specific case, paragraph 9 of Art. 258 of the Tax Code is left to the discretion of the companies. Suppose the company did not use the depreciation bonus when putting some fixed asset into operation (for example, in order not to declare a loss). And the next year they changed their minds and decided to take into account the premium in order to reduce the resulting taxable profit. It would seem that now it is not necessary to edit the declaration of the previous period for this - you can write off the amount of the premium in the current year, considering that the company made a mistake that led to an overpayment of income tax.
Non-reflection for the purposes of taxation of profits of organizations of expenses incurred in previous tax periods, but identified in the current reporting period as a result of obtaining primary documents, is a distortion of the tax base of the previous tax period, therefore, the provisions of Art. 54 of the Tax Code of the Russian Federation. In turn, the tax base for calculating income tax is the monetary expression of profit, determined in accordance with Art. 247
Tax Code of the Russian Federation, subject to taxation (clause 1, article 274 of the Tax Code of the Russian Federation). If in the reporting period the taxpayer has received a loss, then in this reporting period the tax base is recognized as equal to zero.
8 art. 274 of the Tax Code of the Russian Federation). In this regard, the recalculation of the tax base of the current reporting period is not possible.
If errors (distortions) are found in the calculation of the tax base relating to previous tax (reporting) periods, in the current tax (reporting) period, the tax base and the tax amount are recalculated for the period in which the indicated errors (distortions) were committed. Articles, comments, answers to questions: Expenses of past periods A guide to transactions. Commission. The principal It should be noted that in the absence of income and expenses in the period of return of funds to the buyer, the principal does not have the opportunity to reduce the tax base. A similar conclusion follows from the Letters of the Ministry of Finance of Russia dated July 30, 2012 N 03-11-11 / 224, dated July 6, 2012 N 03-11-11 / 204. In such a situation, corrections should be made to the reporting of the previous period, since in Ch. 26.2 of the Tax Code of the Russian Federation there is no special rule on accounting for losses of past periods identified in the current period in expenses (Article 81 of the Tax Code of the Russian Federation, Letter of the Federal Tax Service of Russia for Moscow).
However, according to the approach of the Ministry of Finance, it turns out that now it is possible to recognize only a part of the identified costs - that which falls on the amount of tax accrued to the budget for the period to which the identified costs relate. For example, in 2010, documents were received from the seller for delivered 2009 goods worth 150,000 rubles. For 2009, income tax was charged in the amount of 10,000 rubles.
It is obvious that the delay of the documents led to an error in the calculation of taxable income, which resulted in an overpayment of tax. However, it is possible that, guided by the Letter of the Ministry of Finance, the tax authorities will be allowed to recognize in 2010
not all 150,000 rubles, but only 50,000 rubles, which fall on the amount of tax accrued for 2009 (50,000 rubles x 20% \u003d 10,000 rubles). And of the remaining 100,000 rubles. will offer to generate a loss in 2009.
Consequently, expenses relating to past tax periods, identified as a result of obtaining primary documents in the current reporting period, can be taken into account in the tax period of their discovery, subject to the conditions established by Art. 54 of the Tax Code of the Russian Federation, taking into account the provisions of Art. 78 of the Tax Code of the Russian Federation. An example is the situation when source documents for communication services rendered in October of the previous year, received by the organization only in February of the current year, after the annual accounting and tax reporting for the previous year were submitted.
The amount of unrecorded expense identified resulted in an overpayment of income tax in the previous year. Accordingly, a correction in tax accounting can be made in the current tax period by reflecting unrecorded expenses in tax reporting for the first quarter of the current year.
