We work on the simplified tax system income minus expenses. If our organization has a very small value of "Net Assets" as of December 31, 2016. How can our organization increase "net assets". If they are on the account cash, whether it will be considered net assets, or if, for example, the founder deposits fin. help - will it be "Net Assets"?
Net assets are the assets that would remain after the repayment of all liabilities, that is, the organization's own funds. Amount net assets you can calculate by the formula (Order of the Ministry of Finance of Russia dated August 28, 2014 No. 84n):
Please note that. Account for assets under the new rules. Read the details in the magazine
As you can see from the formula, you can increase net assets if you increase the amount of assets, and reduce long-term and short-term liabilities or leave them at the same level. So if you, for example, take a loan from a bank, you will have an increase in the amount of money in your account, but at the same time, your obligations will increase. Therefore, a bank loan will not increase the amount of net assets.
You can increase the amount of net assets in the following ways:
The founders can make a contribution to the property of the company without increasing their shares (Article 27 of the Federal Law of February 8, 1998 No. 14-FZ). As a contribution, you can transfer money, securities, any other things or rights that have a monetary value.
In order to consider the funds or property transferred by the founder as a contribution to the property, draw up the minutes of the general meeting of participants or the decision of the sole founder - if you have only one owner. But first, check to see if there is a provision in your firm's charter that obliges owners to make such contributions. If not, you will have to amend the bylaws first. And then make a decision on making a contribution (clauses 1 and 2, article 27 of Law No. 14-FZ).
So, by general rule each participant must make a contribution to the property, but in what proportions - the founders can decide at their discretion. Therefore, if among the co-owners of the company only one owner actually wants to make a contribution, then it is enough for others to make a very small amount. Fix the amounts of deposits in the protocol (clause 2, article 27 of Law No. 14-FZ). If the participant of the company is alone, he himself will decide how much to replenish the capital of the company. This amount is also indicated in his decision.
If you indicate in the minutes of the general meeting of participants that the founders make a contribution in order to increase net assets, then there will be no taxable income (clause 1.1 of article 346.15 and subclause 3.4 of clause 1 of article 251 of the Tax Code of the Russian Federation). Moreover, regardless of the share of the founder in the authorized capital.
On the date of receipt of funds or property on account of the deposit, make the entry:
DEBIT 50, 51 (08, 10, 41...) CREDIT 83
Money, fixed assets, materials, goods, etc., were received from the founder on account of the contribution to the property of the organization (letter of the Ministry of Finance of Russia dated 13.04.2005 No. 07-05-06 / 107).
The founder has the right to donate money or property to the organization.
Draw up an agreement on the provision of financial assistance or a donation agreement (Article 572 of the Civil Code of the Russian Federation).
If the founder owns the capital of your company by more than 50%, then do not include the gift received from him in the income with the “simplification” (clause 1 of article 346.15 and subparagraph 11 of paragraph 1 of article 251 of the Tax Code of the Russian Federation). Moreover, if it is not about money, but about some specific property, it cannot be transferred to third parties during the year. Otherwise, its market value must be included in taxable income.
If the share of the founder in the authorized capital does not exceed 50%, then reflect the received assistance in non-operating income. Put in income the entire amount of money received or the market value of the property (clause 1 of article 346.15 and clause 8 of article 250 of the Tax Code of the Russian Federation). Recognize income (clause 1 of article 346.17 of the Tax Code of the Russian Federation):
On the day the money is received on the current account or at the cash desk;
On the date of receipt of the property (for example, registration of the act of acceptance and transfer).
On the date of receipt of money, make a posting:
DEBIT 50 (51) CREDIT 91 sub-account "Other income"
Received free of charge funds from the founder.
At the time of receipt of the property, depending on what was transferred to you, create records:
DEBIT 08 (10, 41) CREDIT 98 sub-account "Gift-free receipts"
The market value of property received free of charge, which will be taken into account as part of fixed assets (materials, goods), is reflected.
DEBIT 98 sub-account "Gift-free receipts" CREDIT 91 sub-account "Other income"
The amount of depreciation of fixed assets was written off as part of other income.
You also need to make a similar posting when selling goods or writing off materials received free of charge to production. That is, you include in other income the market value of goods sold or materials scrapped.
If you have fixed assets and accounting policy revaluation is provided, you have the right to revaluate fixed assets once a year (clause 14 PBU 6/01 “Accounting for fixed assets”). As a result of the revaluation, you will increase the cost of fixed assets adjusted for inflation, and thereby increase net assets.
In tax accounting STS income does not occur.
The accounting entries are as follows:
DEBIT 01 CREDIT 83
Increased cost of fixed assets;
DEBIT 83 CREDIT 02
The cost of accrued depreciation has been increased.
The disadvantage of this method is that the revaluation will have to be carried out annually.
4. Write-off of bad accounts payable
You conduct an inventory of accounts payable and identify debts that have expired limitation period. Also, debts are considered bad if the creditor organization has been liquidated.
You write off bad debts as income, draw up an accounting statement.
In tax accounting under the simplified tax system, the amount of debts written off is included in income as of the date when the certificate was drawn up and the debt was written off (clause 1 of article 346.15, clause 18 of article 250 and clause 1 of article 346.17 of the Tax Code of the Russian Federation).
In accounting, you make the following posting:
DEBIT 60 CREDIT 91 sub-account "Other income"
Written off hopeless accounts payable.
The disadvantage of this method is that you will have to pay tax on the amount of debt written off.
Under what conditions the forgiveness of the debt by the founder is not subject to income tax, the article will explain.
Question: Financial assistance to increase net assets in income is not taken into account. This rule also applies to those situations when, at the request of the participants, founders or shareholders, the company's debt to them is reduced or terminated. For example, if a company has not fulfilled its obligations to a participant under a loan agreement or payment for goods, it can forgive the debt and use it to increase net assets. Thus, he terminates the obligations of the company under the agreement (letters of the Ministry of Finance of Russia dated July 16, 2015 No. 03-03-06 / 2 / 40933 and the Federal Tax Service of Russia dated July 20, 2011 No. ED-4-3 / 11698). When determining income on a simplified tax system, the same receipts are not taken into account as when calculating income tax. Which means financial assistance, received from a dependent founder or one who owns more than 50 percent in the authorized capital of the recipient, is also not taken into account when calculating the single tax. As, however, and assistance to increase net assets. "How to issue and take into account assistance from the founder (participant, shareholder): loans, loans, donations, deposits." Or from a founder owning more than 50% - anyway? what are the entries in each case? Dt76 Kt 91 - just forgiveness and Dt 76 Kt 83 - net assets?
Answer: 1. Yes, only if it is used to increase net assets, since subparagraph 11 of paragraph 1 of Article 251 of the Tax Code of the Russian Federation refers to the transfer of property, and there is no transfer of property when debt is forgiven.
Formally, of course, net assets increase even without any decisions and protocols, but the controlling departments require them to be registered.
2. Debt forgiveness posting Debit 76 Credit 91.
Many are mistaken that if we are talking about an increase in net assets, then account 83 should be applied. There is no such rule in the legislation.
83 account is used when receiving a contribution to the organization's property, which is usually accompanied by an increase in net assets and in relation to the contribution and reflect the posting Debit 08, 10, 50, 51 Credit 83.
In this case, there is no contribution to property, but there is debt forgiveness in order to increase net assets. They increase in the case of posting Debit 76 Credit 91, since accounts payable decrease, and other income will eventually be reflected in section III of the balance sheet.
Situation: whether it is necessary to take into account in income when calculating income tax the amount of forgiven debt under a contract for the purchase of goods (works, services, property rights). The debt is forgiven by the founder who has a contribution in the authorized capital of the organization of more than 50 percent
According to the Ministry of Finance of Russia, the amount of forgiven debt should increase taxable income. However, the Federal Tax Service of Russia expressed a different position.
The tax base for income tax is not increased only by the value of property received free of charge from the founder, whose share in the authorized capital of the organization exceeds 50 percent ( sub. 11 p. 1 art. 251 Tax Code of the Russian Federation). As a result of forgiveness of the debt, the transfer of property does not occur ( paragraph 2 of Art. 38 Tax Code of the Russian Federation). For tax purposes, this operation should be considered as a write-off of accounts payable, which is included in non-operating income on the basis of paragraph 18 article 250 of the Tax Code of the Russian Federation. There are no exceptions in the procedure for its taxation by the Tax Code of the Russian Federation.
This conclusion is confirmed by the clarifications of the regulatory agencies (see, for example, letters from the Ministry of Finance of Russia April 5, 2010 No. 03-03-06/1/232 , March 30, 2007 No. 03-03-06/1/201 , dated March 28, 2006 No. 03-03-04/1/295 , dated March 17, 2006 No. 03-03-04/1/257 , Federal Tax Service of Russia dated May 22, 2009 No. 3-2-13/76).
The chief accountant advises: there is a way not to take into account in income the amount of the debt forgiven by the founder under the contract for the purchase of goods (works, services, property rights).
12.77451 (6,9,24)
Situation: whether it is necessary to take into account in income when calculating income tax the amount of forgiven debt for the return of the loan amount. The debt is forgiven by the founder, who has a contribution in the authorized capital of the organization of more than 50 percent
According to the Ministry of Finance of Russia, the amount of the forgiven loan should not be taken into account in income. However, the claims of tax inspectors are not excluded.
The Ministry of Finance of Russia indicates that the amount of the loan received, forgiven by the founder, whose share in the authorized capital of the organization exceeds 50 percent, should not be included in income (see, for example, letters dated September 30, 2013 No. 03-03-06/1/40367 , dated October 14, 2010 No. 03-03-06/1/646). This is explained like this.
When the debt is forgiven on the main obligation of the loan, the organization actually receives property free of charge. Property received free of charge is included in non-operating income ( paragraph 8 of Art. 250 Tax Code of the Russian Federation). But for the case when the donor is the founder of the organization, an exception is provided. Property received free of charge is not included in income if, at the time when the notice (agreement) on debt forgiveness is signed, the share of the founder in the authorized capital of the organization exceeds 50 percent. This follows from subparagraph 11 paragraph 1 of Article 251 of the Tax Code of the Russian Federation.
The Ministry of Finance of Russia is convinced that the condition on the amount of the contribution (share) in the authorized capital must be met at the time of the conclusion of the loan agreement ( letter of the Ministry of Finance of Russia dated January 31, 2011 No. 03-03-06/1/45).
Forgiveness of the principal amount of the debt (excluding interest debt) under a loan agreement may be subject to the rule subparagraph 11 paragraph 1 of Article 251 of the Tax Code of the Russian Federation, therefore, the taxable base of the organization does not increase.
The tax department also agrees with the stated point of view (see, for example, the letters of the Federal Tax Service of Russia dated May 22, 2009 No. 3-2-13/76 , dated March 6, 2009 No. 3-2-06/32).
However, based on the position of the regulatory authorities on a similar issue of accounting for the amount of debt forgiven by the founder under a contract for the purchase of goods (works, services, property rights), it is possible that non-reflection of income when forgiving a debt under a loan agreement may cause claims from inspectors. The fact is that, if you follow the norms of civil law, debt forgiveness is a way to terminate the obligation under the original reimbursable contract (Article and Civil Code of the Russian Federation). Therefore, it is impossible to consider the amount of forgiven debt, including under a loan agreement, as property received free of charge (). For tax purposes, this operation should be considered as a write-off of accounts payable, which is included in non-operating income on the basis of paragraph 18 article 250 of the Tax Code of the Russian Federation. There are no exceptions regarding the non-reflection of income received from the founder in relation to this paragraph. Therefore, when forgiving debt under a loan agreement (as well as under any other agreement), it is necessary to generate income.
In this situation, the organization has the right to independently decide which of these positions to follow. All ambiguities in the legislation are interpreted in favor of taxpayers ( paragraph 7 of Art. 3 Tax Code of the Russian Federation).
The chief accountant advises: there is a way not to take into account in income the amount of debt forgiven by the founder under a loan agreement.
Situation: whether it is necessary to take into account when calculating the single tax income in the form of a loan amount received from the founder. The founder forgives the debt of the organization. The organization applies the simplification
The answer to this question depends on what part of the authorized capital of the organization is the contribution of this founder.
If the share contributed by the founder is 50 percent or less, include the amount of the written-off debt on the loan as income. Do the same if the property transferred to the organization as a result of debt forgiveness was transferred to third parties during the year. This follows from paragraph 1 articles 346.15 and paragraph 8 article 250 of the Tax Code of the Russian Federation. Recognize income at the date the debt forgiveness agreement is signed ( paragraph 1 of Art. 346.15, Tax Code of the Russian Federation).
An example of settlements with the founder of the organization for the provided loan. The share of the founder in the authorized capital of the organization is 45 percent. The organization applies the simplification
One of the founders of Alpha LLC is A.V. Lvov. The share contributed by Lvov to the authorized capital of the organization is 45 percent.
In January, Lvov provided Alfa with an interest-free loan in the amount of 100,000 rubles. for a period of three months. In March, due to the difficult financial situation of the organization, Lvov forgives Alfa the debt on the loan.
The accountant of the organization took into account the loan amount when calculating the single tax during the period of signing the debt forgiveness agreement (in the first quarter).
If the share of the founder is more than 50 percent, the issue of including the amount of written-off debt in income ambiguous. Since the dispute is based on the provisions subparagraph 11 paragraph 1 of Article 251 of the Tax Code of the Russian Federation, the conclusions contained in it can be guided not only by payers of income tax, but also by organizations that apply simplified taxation ( sub. 1 p. 1.1 art. 346.15 of the Tax Code of the Russian Federation).
Answered by Alexander Sorokin,
Deputy Head of the Operational Control Department of the Federal Tax Service of Russia
“CCP should be used only in cases where the seller provides the buyer, including its employees, with a deferral or installment plan for paying for their goods, works, services. It is these cases, according to the Federal Tax Service, that relate to the provision and repayment of a loan to pay for goods, work, and services. If an organization issues a cash loan, receives a return of such a loan, or itself receives and repays a loan, do not use the cash desk. When exactly you need to punch a check, look at
How the document will save. If there is debt to companies in the same group, the most obvious way to reduce the "creditors" is to transfer such debt to the status of equity, including through debt forgiveness. From a tax standpoint, such debt forgiveness would not increase tax burden due to the use of subparagraph 3.4 of paragraph 1 of Article 251 of the Tax Code of the Russian Federation. This rule says that when a founder forgives a debt in order to increase the value of the net assets of a subsidiary, the latter's income received as a result of such forgiveness is not subject to income tax.
Recall that this rule has been in force since 2011, but applies to obligations that arose from January 1, 2007 (clauses 1 and 2 of article 4 of the law of December 28, 2010 No. 409-FZ). This means that the founders can profitably forgive the debts of their "daughters" not only at the moment, but also review their past tax liabilities. This rule applies only to business companies and partnerships. Therefore, non-profit organizations, as well as production cooperatives and unitary enterprises are not entitled to apply it (letter of the Ministry of Finance of Russia dated 06.10.11 No. 03-03-07 / 39).
The purpose of such an exemption is to allow founders to improve tax-free financial indicators their subsidiaries. This is important, for example, to attract financing from third-party investors. Banks and investment companies when providing financing, the structure of the borrower's balance sheet is preliminarily assessed. No one will lend to a company with negative net assets.
Another one possible reason increase in the value of net assets - the prospect of selling a subsidiary. The higher the net asset value, the higher the market value of the shares or shares of the subsidiary. As a result, it becomes possible to sell the business for more.
With a small value of net assets, the company may face other problems. For example, this indicator is taken into account when calculating the limit for recognizing interest on controlled debt (clause 2, article 269 of the Tax Code of the Russian Federation). The higher the value of net assets, the greater the amount of interest recognized as an expense. In addition, the law prohibits a company from distributing profits and paying dividends if the value of its net assets is less than the authorized capital. Or it will become less as a result of such a payment (clause 1, article 29 of the Federal Law of February 8, 1998 No. 14-FZ, clause 1 of Article 43 of the Federal Law of December 26, 1995 No. 208-FZ). At the same time, the assessment of the value of net assets should be carried out quarterly and at the end of the year for the relevant reporting dates(clause 5 of the Procedure for valuation of net assets in joint-stock companies, approved by order No. 10n of the Ministry of Finance of Russia dated January 29, 2003 and No. 03-6 / pz of the Federal Securities Commission of Russia). The same Procedure is also applied by companies of other organizational and legal forms, in particular LLC (letters of the Ministry of Finance of Russia dated 01.27.10 No. 03-02-07 / 1-27, dated 07.12.09 No. 03-03-06 / 1/791) .
Note that there is a risk of debt forgiveness being reclassified as a donation within the group of companies. A donation between legal entities- an insignificant transaction (subclause 4, clause 1, article 575 of the Civil Code of the Russian Federation) with all the ensuing consequences (clause 8, article 250 of the Tax Code of the Russian Federation). But directly the Presidium of the Supreme Arbitration Court of the Russian Federation recognized the possibility of forgiveness of debt between companies (Decree No. 2833/10 dated 15.07.10).
But the tax authorities can make another claim. Allegedly, as a result of debt forgiveness, there is no gratuitous transfer of property, therefore, this operation is fully or partially (in the amount of interest - letter of the Federal Tax Service of Russia dated 02.05.12 No. ED-3-3 / [email protected]) is not eligible. But the courts do not agree with this approach (Federal arbitration court West Siberian District dated December 22, 2011 No. A27-4570/2011).
It should be noted that previously affiliated companies had the opportunity to transfer assets to each other in a tax-free regime (subclause 11 clause 1 article 251 of the Tax Code of the Russian Federation). However, the new option (subclause 3.4, clause 1, article 251 of the Tax Code of the Russian Federation) has a number of advantages.
Firstly, the size of the share of the participant for using the benefit provided for by subparagraph 3.4 of paragraph 1 of Article 251 of the Tax Code of the Russian Federation does not matter (letters of the Ministry of Finance of Russia dated 04.20.11 No. 03-03-06/1/257, dated 03.21.11 No. 03- 03-06 / 1/160, Federal Tax Service of Russia dated 05.23.11 No. AC-4-3 / [email protected]). Secondly, even if the subsidiary transfers the received property to third parties, it will not lose the right to the benefit (letters of the Ministry of Finance of Russia dated 18.04.11 No. 03-03-06 / 1/243, dated 20.02.12 No. 03-11-06 2/26). Thirdly, the risk of recognizing forgiven interest in the income of the borrower is reduced. Since subparagraph 3.4 of paragraph 1 of Article 251 of the Tax Code of the Russian Federation applies not only to property received free of charge, but also to property rights.
Perhaps the only drawback of the new benefit is the restrictions on the composition of persons who can use it. It can only be used to increase the net asset value of a subsidiary. While subparagraph 11 of paragraph 1 of Article 251 of the Tax Code of the Russian Federation allows you to forgive the debts of the parent company.
In what form is it compiled. Despite the fact that debt forgiveness can be a one-sided transaction (Article 415 of the Civil Code of the Russian Federation), it is best to draw up a bilateral written agreement between the creditor and the debtor. The agreement is concluded in the same form as the contract under which obligations are terminated (clause 1, article 452 of the Civil Code of the Russian Federation).
What must be in the document. In this agreement, it is necessary to specify under which agreement the debt was formed, its amount, the date of repayment, and for what reason the debtor cannot fulfill his obligations. As well as the focus of debt forgiveness on replenishing the net assets of society and business purpose such replenishment.
Additional security measures. In order to avoid possible claims from the tax authorities, it is necessary to fulfill all the requirements of subparagraph 3.4 of paragraph 1 of Article 251 of the Tax Code of the Russian Federation. In addition to the agreement, the company should also issue corporate documents on the basis of which the debt is forgiven. For example, the protocol or decision of the general meeting of participants or shareholders of the company. In accordance with which property, property or non-property rights are transferred to the company to increase the value of net assets.
It is also advisable to indicate in the protocol what purpose the increase in the value of the company's net assets is pursuing. With the help of such a document, the company will most likely be able to remove the claims of controllers without bringing the case to trial.
Also, when using debt forgiveness within a group of companies, it is necessary to assess the total tax savings due to the impossibility of accounting for the amount of debt in the expenses of the forgiver. Since the controllers will consider such a transaction as a gratuitous transfer of funds (clause 16 of article 270 of the Tax Code of the Russian Federation). Therefore, the group of companies should decide on the qualification of such a transaction and the benefit to be used. If the debtor does not take into account the amount of debt as income, then the creditor should exclude this amount from expenses for tax purposes.
Recently, many societies have encountered the so-called "letters of happiness", which are actively sent out by the Federal Tax Service. The Company is notified that its net assets for 2009 and 2010 are “below minimum level authorized capital”, in connection with which it is subject to liquidation.
There are many ways to increase net assets, and all of them are not new: you can revaluate fixed assets or receive gratuitous financial assistance from the founder, receive contributions from the participants in the property of the company, or try to collect debts from the founders on contributions to the authorized capital.
The methods are known to all and are described in some detail. One has only to look for them in any information system. Therefore, the conversation this time will not be about them. And about what to do if all the mentioned methods do not suit you. Well, the company does not have money for an assessment market value property (in addition, an increase in the value of property will inevitably entail an increase in property tax). There are no fixed assets to overestimate them. The founder has no funds and he cannot help in any way - he also has economic crisis. And all the participants paid everything long ago, and they have no debt to the society, and in general everything is in order with the debt.
And yet there is a way out. And this way out was proposed by the legislator, having accepted the federal law No. 409-FZ “On Amendments to Certain Legislative Acts of the Russian Federation Regarding the Regulation of the Payment of Dividends (Distribution of Profit)”
The mentioned law, in article 3, amends paragraph 1 of article 251 of part two of the Tax Code Russian Federation, indirectly providing business companies with another way to increase the value of the company's net assets. Moreover, the proposed method does not require financial costs at this stage, which in our time is a weighty argument in favor of its attractiveness.
So, one of the ways to increase net assets, as we have already mentioned, is to receive gratuitous financial assistance. In order to increase the net assets of the company, its participants can transfer money or other property to the organization as financial assistance. The receipt by a company of financial assistance will lead to an increase in its asset balance sheet. Consequently, the value of net assets will also increase. In addition, if the donor owns more than 50% of the authorized capital of the organization, gratuitous assistance is not taken into account when calculating income tax (clause 1 clause 1, article 251 of the Tax Code of the Russian Federation).
As we just found out, the legislation provides for another option to increase the value of the company's net assets in p.p. 3.4, clause 1, article 251 of the Tax Code of the Russian Federation: property, property rights or non-property rights in the amount of their monetary value, transferred to a business company or partnership in order to increase net assets, including through the formation of additional capital and (or) funds, by the relevant shareholders or participants are not included in income when determining tax base. That is, it is not necessary for a shareholder or participant to own 50% of the authorized capital of your company, so that a gratuitous transfer is not subject to income tax. The main thing is that assistance should be transferred in order to increase net assets. This time!
Now about the property that a participant (shareholder) transfers to your company. He will hand over his bill. That is, if a participant (shareholder) owning any share in the authorized capital of the company decides to transfer his promissory note in order to increase the net assets of the company in whose authorized capital he participates, with a payment term "upon presentation, but not earlier than a certain date" ( but not earlier than three years later), then your company is subject to clause 3.4. Clause 1 of Article 251 of the Tax Code. It's two!
The transferred promissory note is reflected in the active part of the balance sheet of your company, which leads to an increase in its net assets without causing tax implications. And that's three!
First of all, you need to answer the tax. We write that we are taking a number of measures aimed at increasing the value of net assets and are planning to receive gratuitous financial assistance from a member of the company, and we also ask you to postpone taking measures to liquidate the company for 3-6 months. More is possible if your company or member company is a joint-stock company, then it may take longer due to procedural issues.
Next, we define the main "parameters". The amount of the bill depends on the amount of net assets and the authorized capital of your company. It makes sense to define it with a "reserve" for the next year. It is not known how your company will work - suddenly with losses? Again, the bill will have to be issued.
The promissory note is interest-free, issued for 3 years in order to bring the value of net assets in line with the requirements of the legislation.
Now the legal component of the issue.
You need to start with the person transferring the bill. It should be noted that this may not be one participant, but several participants - the amount of the bill is divided between them in an arbitrary proportion. Approve general meeting or the Board of Directors (it all depends on what is written in the charter on the distribution of powers between the management bodies of the company and the amount of the bill) a deal to issue a bill, if it is large for the issuer. In addition, this transaction may turn out to be an interested party transaction, and, in accordance with the charter, the conclusion of this transaction may not fall within the competence of the sole executive body. Of course, if the participant individual everything is simplified.
In addition, approval of the transaction may be required in your society for the same reasons.
After three years, you can act according to the circumstances and depending on the financial situation of both your company and the company that issued the bill. In the end, after six years (the holder of a bill can bring a claim to the drawer for payment of a promissory note within 3 years from the date of maturity, after the expiration of this period, the bill holder is not entitled to demand payment on the bill, and another three years - the limitation period for bills of exchange obligations from the due date) can be written off to overdue accounts payable. With regard to the taxation of written-off accounts payable, in the event that the holder of the bill did not present the bill for payment on time and the bill was issued in accordance with paragraphs 3.4 and paragraph 11 of paragraph 1 of Article 251 of the Tax Code of the Russian Federation - judicial no practice. However, in view of the fact that the issuance of a promissory note to subsidiaries and other dependent companies is not subject to income tax, then uncollected receivables and unpaid accounts payable are also not subject to income tax.
Moreover, maybe in three years your society will itself want to be liquidated. Unambiguous judicial practice on the issue of whether the liquidation of the organization to which the bill was transferred is the basis for the inclusion of accounts payable in the income of the drawer ( paragraph 18 of Art. 250 Tax Code of the Russian Federation), no.
Yes, in accordance with paragraph 18 of Art. 250 The Tax Code of the Russian Federation includes accounts payable (obligations to creditors) written off due to the expiration of the limitation period or for other reasons. About whether the liquidation of the organization to which the bill was transferred is such a basis in the Tax code RF is not mentioned.
AT judicial practice There are different points of view on this issue.
There are court decisions, according to which the liquidation of an organization holding a bill is not a basis for including accounts payable in income.
At the same time, there are court decisions in which the opposite conclusion is made: the drawer must include in income the accounts payable on the bill during the period of liquidation of the organization to which the security was transferred.
For clarity, consider the situation on an example:
The shareholders of CJSC BBB are Ivanov I.I. and AAA LLC
Accordingly, CJSC BBB has a critical situation with net assets.
The task set is to increase the net assets of BBB CJSC
Shareholders of CJSC BBB - LLC AAA and Ivanov I.I. make decisions by the authorized bodies on the transfer of property (bills) to BBB CJSC in order to increase the net assets of the CJSC.
As property, a bill of exchange is transferred from AAA LLC in the amount of 17.5 rubles, from Ivanov I.I. - a bill for 52.5 rubles. The amount of the promissory note depends on the amount of net assets and authorized capital of BBB CJSC. The promissory note is interest-free, issued for 3 years in order to bring the value of the net assets of BBB CJSC in line with the requirements of the legislation.
At AAA LLC:
Dt 91 (“Other income and expenses") Kt 76 (“Settlements with various debtors and creditors”) for the amount of the issued promissory note.
CJSC BBB:
In the asset - Dt 58 (" Financial investments”, a subaccount of debt securities) 70 rubles are reflected, in liabilities Kt 83 (“Additional capital”) 70 rubles are reflected.
It's been six years...
CJSC BBB:
- deducted overdue accounts receivable in the amount of 70 rubles. - losses from financial investments.
Remains in liabilities Kt 83 ("Additional capital") 70 rubles.
At AAA LLC
- overdue accounts payable Dt 91 (Other income and expenses) and Kt 76 (Settlements with different debtors and creditors).
You can complicate the task if your participant has the same situation with the value of net assets. The whole procedure is increased by one step. And the amount of the bill will depend on the amount of net assets and the authorized capital of CJSC BBB, taking into account the fact that CJSC BBB will also issue a bill.
As we have just seen, the law has provided us with a fairly "inexpensive" opportunity to bring our society's net assets into line with legal requirements.
Head of Corporate Practice
The increase in assets can be both forced and commonplace. In practice, the reason for increasing the value of net assets may be their critical decrease to a level that is below the size of the authorized capital. The increase in net assets by the founders and accounting entries to reflect such an increase will be considered in this article.
The state of affairs in terms of net assets should be closely monitored, because. the dynamics of these indicators can give an idea of the real state of affairs in the enterprise.
Law No. 14-FZ dated 08.02.1998 indicates that the company's annual report includes information on the state of affairs with net assets. They should reflect information:
Mandatory requirement of the law: the net assets of an LLC must be greater than its authorized capital. If this is not the case, net assets should be increased to the appropriate values. If this is not done within a certain period of time, forced liquidation is possible.
timely intervention in financial condition enterprise will allow the owners to return the correct ratio when the value of net assets is greater than the size of the authorized capital.
This is possible by:
We will dwell on how to increase the net assets of an LLC in more detail.
In order to avoid negative consequences, the business owner has the opportunity to:
These measures are most effective in the case when the authorized capital cannot be reduced to the value of net assets, because. it is minimal and there is nowhere else to reduce it.
When applying the first method, it is important to indicate the purpose for which such funds are listed. For example, in the purpose of the payment, you can specify "increase in net assets by the founders." Such a record will fully reflect the essence of the operation and is unlikely to cause additional questions from the regulatory authorities.
When using the second method, it is important to remember that net assets must be profitable, i.e., be profitable. This is not a mandatory condition, but the owner of the enterprise should still first analyze the factors that may affect this indicator. The extraction of income is always associated with costs. In other words, in order to achieve profit, one should invest wisely in the resource base of the enterprise. Errors in this area can lead to negative final results of the company up to losses for a specific billing period.
An increase in the company's property at the expense of the founder does not affect the size of the authorized capital, but is included in the additional capital (account 83 "Additional capital"). Analytics for the specified account should take into account:
On the date of receipt of the corresponding funds, the posting “Debit of account 51 (08, 10) - Credit of account 83” is made.
