Estimated liabilities: everything you wanted to know. Approved by PBU “Estimated liabilities, contingent liabilities and contingent assets What is an estimated liability

ACCOUNTING REGULATIONS

“ESTIMATED LIABILITIES, CONTINGENT LIABILITIES

AND CONTINGENT ASSETS" (PBU 8/2010)

(approved by order of the Ministry of Finance of Russia dated December 13, 2010 No. 167n,

as amended by orders of the Ministry of Finance of Russia dated February 14, 2012

No. 23n, dated 04/27/2012 No. 55n, dated 04/06/2015 No. 57n)

I. General provisions

2. This Regulation does not apply to:

a) contracts under which, as of the reporting date, at least one party to the contract has not fully fulfilled its obligations, with the exception of employment contracts, as well as contracts, the inevitable costs of execution of which exceed the proceeds expected from their execution (hereinafter referred to as obviously unprofitable contracts). A contract whose execution can be terminated by the organization unilaterally without significant sanctions is not a deliberately unprofitable one;

(as amended by order of the Ministry of Finance of Russia dated February 14, 2012 No. 23n)

b) reserve capital, reserves formed from retained earnings organizations;

c) valuation reserves;

d) taken into account in accordance with the Regulations on accounting“Accounting for calculations of corporate income tax” PBU 18/02, approved by order of the Ministry of Finance of the Russian Federation dated November 19, 2002 No. 114n (registered with the Ministry of Justice of the Russian Federation on December 31, 2002, registration No. 4090) as amended by orders Ministry of Finance of the Russian Federation dated February 11, 2008 No. 23n “On amendments to the order of the Ministry of Finance of the Russian Federation dated November 19, 2002 No. 114n” (registered with the Ministry of Justice of the Russian Federation on March 3, 2008, registration No. 11274), dated October 25, 2010 No. 132n “On amendments to regulatory legal acts on accounting” (registered with the Ministry of Justice of the Russian Federation on November 25, 2010, registration No. 19048) (hereinafter referred to as the Accounting Regulations “Accounting for income tax calculations organizations" PBU 18/02), amounts that affect the amount of corporate income tax payable in the next reporting period or in subsequent reporting periods.

3. These Regulations may not be applied by organizations that have the right to use simplified accounting methods, including simplified accounting (financial) reporting.

(as amended by orders of the Ministry of Finance of Russia dated April 27, 2012 No. 55n, dated April 6, 2015 No. 57n)

II. Recognition of an estimated liability, reflection

information on contingent liability and contingent asset

4. An organization’s obligation with an uncertain amount and (or) deadline (hereinafter referred to as the estimated liability) may arise:

a) from the norms of legislative and other regulatory legal acts, court decisions, contracts;

b) as a result of actions by the organization that, because of established past practice or statements by the organization, indicate to others that the organization accepts certain responsibilities and, as a result, such persons have a reasonable expectation that the organization will fulfill such responsibilities.

5. An estimated liability is recognized in accounting if the following conditions are simultaneously met:

a) the organization has an obligation resulting from past events in its economic life, the fulfillment of which the organization cannot avoid. In the event that an organization has doubts about the existence of such an obligation, the organization recognizes a provision if, as a result of an analysis of all circumstances and conditions, including the opinions of experts, it is more likely than not that the obligation exists;

B) a decrease in the economic benefits of the organization necessary to fulfill the estimated liability is likely;

C) the amount of the provision can be reasonably estimated.

6. The conditions for recognizing an estimated liability in relation to a past event in the economic life of an organization that were not met as of one reporting date may be met as of subsequent reporting dates if, due to changes in legislative and other regulatory legal acts and (or) actions of the organization and (or) other persons, the organization does not have the opportunity to avoid settlements associated with such an event.

7. A decrease in the economic benefits of the organization necessary to fulfill the obligation is considered probable if it is more likely than not that such a decrease will occur. The probability of a decrease in economic benefits is assessed for each liability separately, except for cases where, as of the reporting date, there are several liabilities of the same nature and the uncertainty they generate, which the entity assesses together. Moreover, despite the fact that a decrease in the economic benefits of the organization for each individual obligation may be unlikely, a decrease in economic benefits as a result of the fulfillment of the entire set of obligations may be quite probable.

Examples of analysis of circumstances for the purpose of recognizing an estimated liability in accounting are given in this Regulation.

8. Estimated liabilities reflected in the reserve account upcoming expenses. When recognizing an estimated liability, depending on its nature, the amount of the estimated liability is included in expenses for common types activities or other expenses or is included in the cost of the asset.

Contingent liabilities also include an estimated liability existing at the reporting date that is not recognized in accounting due to failure to fulfill the conditions provided for and (or) “c” in paragraph 5 of these Regulations.

10. If an organization has a joint and several obligation with other persons, an estimated liability is recognized to the extent that there is a likelihood of a decrease in the economic benefits of the organization, subject to the conditions provided for in these Regulations. The part of the obligation jointly with other persons, in respect of which a decrease in the economic benefits of the organization is not probable, relates to contingent liabilities.

11. Estimated liabilities are recognized in connection with the upcoming implementation of an action program planned and controlled by the management of the organization, which significantly changes the directions of the organization’s activities, volumes business transactions or methods for their implementation (hereinafter referred to as the upcoming restructuring of the organization’s activities) subject to the fulfillment of all the conditions established by these Regulations, taking into account the specifics established by this paragraph. Obligations for the upcoming restructuring of the organization's activities are existing at the reporting date, subject to the simultaneous observance of the following conditions:

a) the organization has a detailed, duly approved plan for the upcoming restructuring of its activities, which defines, at a minimum:

the activities (or part of the activities) of the organization affected by the upcoming restructuring and the places of its implementation;

structural divisions, functions and approximate number of employees of the organization who will be paid compensation in connection with the termination of employment relations with them;

time of commencement of execution of the plan for the upcoming restructuring of the organization’s activities;

b) the organization, through its actions and (or) statements, has created reasonable expectations among persons whose rights are affected by the upcoming restructuring of the organization’s activities that the restructuring plan will be implemented in the near future.

12. Estimated liabilities in relation to expected losses from the activities of the organization as a whole, or from individual species or regions of its activities, divisions, types of products (works, services) and other factors are not recognized in accounting.

Estimated liabilities for future expenses are recognized only if all the conditions established by these Regulations are met.

13. A contingent asset arises in an organization as a result of past events in its economic life, when the existence of an asset in the organization at the reporting date depends on the occurrence (non-occurrence) of one or more future uncertain events beyond the control of the organization.

14. Contingent liabilities and contingent assets are not recognized in accounting. Information about contingent liabilities and contingent assets is disclosed in financial statements in accordance with these Regulations.

III. Determining the amount of the estimated liability

15. An estimated liability is recognized in the organization’s accounting records in an amount that reflects the most reliable monetary estimate of the expenses necessary to settle this liability. The most reliable estimate of expenses is the amount required directly to fulfill (repay) the obligation as of the reporting date or to transfer the obligation to another person as of the reporting date.

16. The amount of the estimated liability is determined by the organization on the basis of the existing facts of the economic life of the organization, experience in relation to the fulfillment of similar obligations, as well as, if necessary, expert opinions. The organization shall provide documented evidence of the validity of such assessment.

17. When determining the amount of the estimated liability, the organization proceeds from the following:

a) if the amount of the estimated liability is determined by selecting from a set of values, then the weighted average value is taken as such value, which is calculated as the average of the products of each value and its probability;

b) if the amount of the estimated liability is determined by selecting from an interval of values and the probability of each value in the interval is equal, then the arithmetic mean of the largest and smallest values of the interval is taken as such a value.

Examples of determining the amount of an estimated liability are given in this Regulation.

18. When determining the amount of the estimated liability, the following are taken into account:

a) consequences of events after reporting date in accordance with the Accounting Regulations “Events after the reporting date” (PBU 7/98), approved by order of the Ministry of Finance of the Russian Federation dated November 25, 1998 No. 56n (registered with the Ministry of Justice of the Russian Federation on December 31, 1998, registration No. 1674 ) as amended by order of the Ministry of Finance of the Russian Federation dated December 20, 2007 No. 143n (registered with the Ministry of Justice of the Russian Federation on January 21, 2008, registration No. 10934);

b) risks and uncertainties inherent in this estimated liability;

c) future events that may affect the amount of the provision (if there is a reasonable probability that these events will occur).

19. When determining the amount of the estimated liability, the following are not taken into account:

a) the amount of decrease or increase in corporate income tax, which is reflected in accounting and reporting in accordance with the Accounting Regulations “Accounting for calculations of corporate income tax” PBU 18/02;

b) expected proceeds from the sale of fixed assets, intangible assets, products, goods and other assets associated with the recognized provision. Such revenues are reflected in the accounting records of the organization in accordance with the Accounting Regulations “Income of the Organization” PBU 9/99, approved by Order of the Ministry of Finance of the Russian Federation dated May 6, 1999 No. 32n (registered with the Ministry of Justice of the Russian Federation on May 31, 1999, registration No. 1791) as amended by orders of the Ministry of Finance of the Russian Federation dated March 30, 2001 No. 27n “On introducing amendments and additions to regulatory legal acts on accounting” (registered with the Ministry of Justice of the Russian Federation on May 4, 2001, registration No. 2693), dated September 18, 2006 No. 116n “On amendments to regulatory legal acts on accounting” (registered with the Ministry of Justice of the Russian Federation on October 24, 2006, registration No. 8397), dated November 27, 2006 No. 156n “ On amendments to regulatory legal acts on accounting" (registered with the Ministry of Justice of the Russian Federation on December 28, 2006, registration No. 8698), dated October 25, 2010 No. 132n "On amendments to regulatory legal acts on accounting" ( registered with the Ministry of Justice of the Russian Federation on November 25, 2010, registration No. 19048); dated November 8, 2010 No. 144n “On amendments to regulatory legal acts on accounting (registered with the Ministry of Justice of the Russian Federation on December 1, 2010, registration No. 19088);

c) expected amounts of counterclaims or amounts of claims against other persons for reimbursement of expenses that the organization is expected to incur in fulfilling this estimated liability.

If the organization has confidence in the receipt of economic benefits from counterclaims or claims to other persons when the organization fulfills the corresponding estimated liability accepted for accounting, such claims are recognized in accounting as an independent asset. The amount of such an asset should not exceed the amount of the corresponding estimated liability. IN balance sheet organization, the amount of the recognized provision is not reduced by the amount of such asset.

In the report on financial results The organization's expenses reflected when recognizing estimated liabilities are presented less income recognized when accepting expected proceeds from counterclaims and claims against other persons for accounting as an asset.

(as amended by order of the Ministry of Finance of Russia dated April 6, 2015 No. 57n)

20. If the expected period for fulfillment of the estimated liability exceeds 12 months after the reporting date or a shorter period, established by the organization V accounting policy, such an estimated liability is assessed at a value determined by discounting its value, calculated in accordance with - this Regulation (hereinafter referred to as the present value).

Discount rate used by the organization:

a) must reflect existing financial market conditions, as well as risks, specific to the obligation underlying the recognized provision;

An increase in the amount of an estimated liability due to an increase in its present value on subsequent reporting dates as the deadline approaches (interest) is recognized as another expense of the organization.

An example of determining the present value of an estimated liability is given in this Regulation.

IV. Write-off, change in the amount of an estimated liability

A recognized provision may be written off to expense or recognition accounts payable to fulfill only the obligation for which it was created, unless otherwise provided by these Regulations.

If the amount of the recognized estimated liability is insufficient, the organization's costs to repay the liability are reflected in the organization's accounting records in the general manner.

22. In case of excess of the amount of the recognized estimated liability or in case of termination of fulfillment of the conditions for recognition of the estimated liability established by these Regulations, the unused amount of the estimated liability is written off and assigned to other income of the organization, unless otherwise established by this paragraph.

When paying off homogeneous estimated liabilities arising from recurring business transactions ordinary activities organization, previously recognized excess amounts are applied to subsequent estimated liabilities of the same type immediately upon their recognition (without writing off previously recognized excess amounts to other income of the organization).

23. The validity of recognition and the amount of the estimated liability are subject to verification by the organization at the end of the reporting year, as well as upon the occurrence of new events related to this liability.

Based on the results of such a check, the amount of the estimated liability may be:

a) increased in the manner established for the recognition of an estimated liability of this Regulation (without inclusion in the value of the asset), upon receipt additional information, allowing you to clarify the amount of the estimated liability;

b) reduced in the manner established for writing off an estimated liability of this Regulation, upon receipt of additional information that allows the amount of an estimated liability to be clarified;

c) remain unchanged;

d) written off in full in the manner established by these Regulations, upon receipt of additional information allowing one to conclude that the conditions for recognition of an estimated liability established by these Regulations have ceased to be met.

V. Disclosure of information in financial statements

24. For each accounting liability recognized in the financial statements, the organization shall disclose, if material, at least the following information:

a) the amount at which the estimated liability is reflected in the organization’s balance sheet at the beginning and end of the reporting period;

b) the amount of the estimated liability recognized in the reporting period;

c) the amount of the estimated liability written off to reflect expenses or recognize accounts payable in the reporting period;

d) the amount of an estimated liability written off in the reporting period due to its excess or termination of fulfillment of the conditions for recognition of an estimated liability;

e) an increase in the amount of the estimated liability due to an increase in its present value for reporting period(percent);

f) the nature of the obligation and the expected period of its fulfillment;

g) uncertainties that exist regarding the deadline for fulfillment and (or) the amount of the estimated liability;

h) expected amounts of counterclaims or amounts of claims against third parties for reimbursement of expenses that the organization will incur in fulfilling the obligation, as well as assets recognized for such claims in accordance with these Regulations.

25. For each contingent liability, at least the following information is disclosed in the financial statements:

a) the nature of the contingent liability;

b) the estimated value or range of estimated values of the contingent liability, if they can be determined;

c) uncertainties that exist regarding the deadline for fulfillment and (or) the amount of the obligation;

d) the possibility of proceeds as a result of counterclaims or claims against third parties to reimburse expenses that the organization will incur in fulfilling the obligation.

If, as of the reporting date, a decrease in the economic benefits of the organization due to a contingent liability is unlikely, the organization may not disclose this information.

26. Information about estimated liabilities and contingent liabilities may be disclosed by their homogeneous groups (for example, estimated liabilities in connection with guarantees issued by the organization, legal proceedings).

If a provision and a contingent liability arose as a result of the same facts of economic life, the relationship between the corresponding provision and the contingent liability must be disclosed.

27. If it is probable that the economic benefits will flow from a contingent asset, the entity shall disclose, at the end of the reporting period, the nature of the contingent asset and its estimated value or range of estimated values, if determinable.

28. In exceptional cases, when the disclosure of information about estimated liabilities, contingent liabilities and contingent assets to the extent provided for by these Regulations causes or may cause damage to the organization in the course of resolving the consequences of the underlying obligations and facts, the organization may not disclose such information. In this case, the entity shall indicate the general nature of the related provision, contingent liability or contingent asset and the reasons why more detailed information not revealed.

Appendix No. 1

Ministry of FinanceRussian Federation

EXAMPLES

ANALYSIS OF CIRCUMSTANCES FOR THE PURPOSE OF RECOGNITION IN ACCOUNTING

ACCOUNTING FOR ESTIMATED LIABILITY

Example 1. An organization has an approved program for the repair of fixed assets, which provides, in particular, for the frequency of repairs and planned expenses for them. The legislation does not provide for the obligatory nature of such repairs. Information about this organization’s program has been published and is available to a wide range of people.

Example 2. The legislation provides for mandatory repairs of fixed assets in the industry in which the organization operates. The law provides for fines for the operation of fixed assets without repairs. The organization has an approved program for the repair of fixed assets, which provides, in particular, for the frequency of repairs and planned costs for them. Information about this organization’s program has been published and is available to a wide range of people.

An obligation for future repairs of fixed assets does not arise because the organization does not have an obligation arising as a result of past events of its activities, the fulfillment of which it cannot avoid. The estimated liability for the upcoming costs of repairing the organization's fixed assets is not accepted for accounting. However, the organization recognizes an estimated liability for fines to be paid for failure to carry out repairs if all the conditions for recognizing estimated liabilities in relation to such fines are met.

Example 3. During the reporting period, the legislation on taxes and fees has undergone significant changes. The organization's management considers it necessary to retrain the personnel responsible for tax calculations. The organization has an approved retraining program, which provides, in particular, planned expenses for it.

An obligation for future retraining of personnel does not arise because the organization does not have an obligation arising as a result of past events of its activities, the fulfillment of which it cannot avoid. The estimated liability for the upcoming retraining of personnel is not recognized in accounting.

Example 4. In accordance with the financial plan in the upcoming reporting year The organization is expected to make a loss in one of its areas of activity. The management of the organization believes that the occurrence of this loss is quite likely.

A liability in respect of an expected loss does not arise because the entity does not have an obligation arising from past events of its activities that it cannot avoid. A provision for the expected loss is not recognized.

Example 5. An organization entered into an agreement for the supply of products it produces. In accordance with the terms of the agreement, the expected revenue is 1000 thousand rubles. (without VAT). The organization estimates that due to rising prices for raw materials, production costs provided for by the contract products will amount to 1200 thousand rubles. (without VAT). The contract has not yet begun to be executed. There are no sanctions for its termination.

The contract is not obviously unprofitable, since the organization can terminate it without paying sanctions. The corresponding provision is not recognized under the contract.

Example 6. An organization entered into an agreement for the supply of products it produces. In accordance with the terms of the agreement, the expected revenue is 1,500 thousand rubles. (without VAT). The organization estimates that due to rising prices for raw materials, the cost of producing the products provided for in the contract will amount to 2,000 thousand rubles. (without VAT). The contract has not yet begun to be executed. The penalty for failure to fulfill the contract will be 600 thousand rubles.

The contract is obviously unprofitable, since the inevitable costs of its implementation (2000 thousand rubles) exceed the expected revenues under it (1500 thousand rubles), and to exit the contract the organization will have to pay a significant amount (600 thousand rubles). The estimated liability is recognized in the accounting records of the organization in the amount of a possible net loss during the execution of the contract of 500 thousand rubles. (2000 thousand rubles - 1500 thousand rubles), which is less than the amount of the penalty for failure to fulfill the contract (600 thousand rubles).

(as amended by order of the Ministry of Finance of Russia dated February 14, 2012 No. 23n)

Example 7. The management of the organization approved detailed plan the upcoming restructuring of the organization’s activities, providing, in particular:

structural divisions, functions and approximate number of employees who will be paid compensation in connection with the severance of employment relations with them;

expenses necessary for the upcoming restructuring of the organization’s activities;

The organization's management did not announce the existing plan to employees.

An obligation in relation to the upcoming restructuring of the organization's activities does not arise because the organization does not have an obligation arising as a result of past events of its activities, the fulfillment of which it cannot avoid. The estimated liability for the upcoming restructuring of the organization's activities is not recognized.

Example 8. The management of the organization approved a detailed plan for the upcoming restructuring of the organization’s activities, providing, in particular:

the activities of the organization affected by the upcoming restructuring and the places where they are carried out;

structural divisions, functions and approximate number of employees of the organization who will be paid compensation in connection with the severance of labor relations with them;

expenses necessary for the upcoming restructuring of the organization’s activities;

timing of the upcoming restructuring of the organization’s activities.

The organization's management has announced the existing plan to employees and is coordinating the plan with the employees' union.

Obligations regarding future restructuring of operations exist because the entity has obligations arising from past events in its operations that it cannot avoid. A decrease in economic benefits as a result of the upcoming restructuring of the organization is quite likely. Estimated liabilities for the upcoming restructuring of the organization's activities are recognized if the amount of liabilities can be reasonably estimated.

Appendix 2

to the Accounting Regulations

“Estimated liabilities, contingent

liabilities and contingent assets"

(PBU 8/2010), approved by order

Ministry of FinanceRussian Federation

EXAMPLES OF DETERMINING THE AMOUNT OF ESTIMATED LIABILITY

Example 1. As of the reporting date, the organization is a party to legal proceedings. Based on expert judgment, the organization assesses that it is more likely than not that judgment will be taken not in her favor; the amount of losses of the organization in this case will be either 1000 thousand rubles, if the court decides to compensate only the plaintiff’s direct losses, or 2000 thousand rubles, if the court decides to compensate, in addition to direct losses, also the plaintiff’s lost profits. The probabilities of the first and second outcomes of the case are estimated by experts as 95 and 5 percent, respectively.

Despite the fact that the most likely outcome of the trial is only compensation for the plaintiff’s direct losses, the organization also takes into account another likely outcome of the case - compensation for lost profits.

1000 x 0.95 + 2000 x 0.05 = 1050 (thousand rubles).

The estimated period for fulfillment of the estimated liability does not exceed 12 months. The estimated liability for the trial is recognized in accounting in the amount of RUB 1,050 thousand.

Example 2. As of the reporting date, the organization is a party to legal proceedings. Based on the expert opinion, the organization estimates that it is quite likely that the court decision will not be made in its favor, and the amount of the organization’s losses will range from 1,000 to 4,000 thousand rubles.

The organization calculates the amount of the estimated liability:

(1000 + 4000) / 2 = 2500 (thousand rubles).

The estimated period for fulfillment of the estimated liability does not exceed 12 months. The estimated liability for the trial is recognized in accounting in the amount of RUB 2,500 thousand.

Example 3. An organization sells goods with an obligation to provide warranty service for one year from the date of sale. For each individual product sold, the likelihood of a decrease in the economic benefits of the organization due to its return as low-quality and not subject to repair or due to the costs of its repair is assessed as low. At the same time, calculations based on the organization's past experience show that with a high degree of probability, approximately 2 percent of goods sold will be returned as defective and cannot be repaired, and another 10 percent will require additional repair costs. Based on these calculations, the organization estimates the liability for issued warranty obligations arising from the sale of goods with the obligation to provide warranty service, in relation to the entire set of goods.

The organization assumes that additional repair costs will be 30 percent of the cost of defective goods. Based on this calculation, monetary value the amount of the estimated liability in connection with the estimated costs of warranty service for goods sold, which in the case under consideration will be 2 percent + 10 percent x 0.3 = 5 percent of the cost of goods sold.

The organization calculates the amount of the estimated liability as of December 31, 20X0. The estimated amount of the liability to be repaid is RUB 1,200 thousand. The maturity date of the liability is 2 years after the reporting date. The discount rate adopted by the organization is 14 percent.

The present value of the estimated liability is calculated as the product of the amount of the liability to be repaid by the discount factor.

The discount factor is determined by the formula:

CD = 1 / (1 + CD)N, where:

CD - discount factor;

SD - discount rate;

N is the discounting period for the estimated liability in years.

The discount factor is equal to: CD = 1 / (1 + 0.14)2 = 0.76947.

The present value of the estimated liability, as well as the costs of its increase (interest) are by year:

1200.00 thousand rub. x 0.76947 = 923.36 thousand rubles.

923.36 thousand rubles. x 0.14 = 129.27 thousand rubles.

923.36 thousand rubles. + 129.27 thousand rubles. = 1052.63 thousand rubles.

expenses to increase the estimated liability (interest)

1052.63 thousand rubles. x 0.14 = 147.37 thousand rubles.

present value of the provision

1052.63 thousand rubles. + 147.37 thousand rubles. = 1200.00 thousand rubles.

Based on the calculation made, in the accounting records of the organization as of December 31, 20X0, the present value of the estimated liability is reflected in the amount of RUB 923.36 thousand. As of December 31, 20X1, the organization reflects in its accounting records an increase in the amount of the estimated liability in the debit of the account for other income and expenses and the credit of the account for reserves for future expenses in the amount of 129.27 thousand rubles, and as of December 31, 20X2 - 147.37 thousand rubles.

In the annual financial statements for 20X0, the estimated liability is reflected in the amount of 923 thousand rubles, for 20X1 - 1053 thousand rubles, for 20X2 - 1200 thousand rubles.

MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION

ORDER

On approval of the Accounting Regulations (PBU 8/2010)

Document with changes made:
(Russian newspaper, N 61, 03/21/2012) (came into force with the annual financial statements for 2011);
(Rossiyskaya Gazeta, N 147, 06/29/2012) (came into force starting from the annual financial statements for 2012);
(Official Internet portal of legal information www.pravo.gov.ru, 05/06/2015, N 0001201505060015).
____________________________________________________________________

In order to improve legal regulation in the field of accounting and financial reporting and in accordance with the Regulations on the Ministry of Finance of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 30, 2004 N 329 (Collected Legislation of the Russian Federation, 2004, N 31, Art. 3258; N 49, art. 4908; 2005, N 23, art. 2270; N 52, art. 5755; 2006, N 32, art. 3569; N 47, art. 4900; 2007, N 23, art. 2801; N 45, Art. 5491; 2008, N 5, Art. 411; N 46, Art. 5337; 2009, N 3, Art. 378; N 6, Art. 738; N 8, Art. 973; N 11, Art. .1312; N 26, art. 3212; N 31, art. 3954; 2010, N 5, art. 531; N 9, art. 967; N 11, art. 1224; N 26, art. 3350; N 38, Art. 4844),

I order:

1. Approve the attached Accounting Regulations “Estimated Liabilities, contingent liabilities and contingent assets" (PBU 8/2010).

2. To recognize as invalid:

Order of the Ministry of Finance of the Russian Federation dated November 28, 2001 N 96n "On approval of the Accounting Regulations "Conditional facts of economic activity" PBU 8/01" (order registered with the Ministry of Justice of the Russian Federation on December 28, 2001, registration N 3138; "Rossiyskaya Gazeta" ", No. 6, January 12, 2002);

paragraph 5 of the appendix to the order of the Ministry of Finance of the Russian Federation dated September 18, 2006 N 116n “On amendments to regulatory legal acts on accounting” (the order was registered with the Ministry of Justice of the Russian Federation on October 24, 2006, registration N 8397; “Rossiyskaya Gazeta”, N 242, October 27, 2006);

Order of the Ministry of Finance of the Russian Federation dated December 20, 2007 N 144n "On amendments to the Accounting Regulations "Conditional facts of economic activity" PBU 8/01" (order registered with the Ministry of Justice of the Russian Federation on January 21, 2008, registration N 10940; " Rossiyskaya Gazeta", No. 18, January 30, 2008).

3. Establish that this order comes into force from the 2011 financial statements.

Deputy
Chairman of the Government
Russian Federation -
Minister of Finance
Russian Federation
A. Kudrin

Registered
at the Ministry of Justice
Russian Federation
February 3, 2011,
registration N 19691

Accounting Regulations "Estimated Liabilities, Contingent Liabilities and Contingent Assets" (PBU 8/2010)

APPROVED
by order of the Ministry of Finance
Russian Federation

I. General provisions

1. These Regulations establish the procedure for reflecting estimated liabilities, contingent liabilities and contingent assets in the accounting and reporting of organizations (with the exception of credit institutions, state (municipal) institutions) that are legal entities under the legislation of the Russian Federation (hereinafter referred to as organizations).
(Item as amended, put into effect from the annual financial statements for 2011 by order of the Ministry of Finance of Russia dated February 14, 2012 N 23n.

2. This Regulation does not apply to:

a) contracts under which, as of the reporting date, at least one party to the contract has not fully fulfilled its obligations, with the exception of employment contracts, as well as contracts, the inevitable costs of execution of which exceed the proceeds expected from their execution (hereinafter referred to as obviously unprofitable contracts) . A contract whose execution can be terminated by the organization unilaterally without significant sanctions is not a deliberately unprofitable one;
(Subparagraph as amended, put into effect from the annual financial statements for 2011 by order of the Ministry of Finance of Russia dated February 14, 2012 N 23n.

b) reserve capital, reserves formed from the organization’s retained earnings;

c) valuation reserves;

d) accounted for in accordance with approved order of the Ministry of Finance of the Russian Federation dated November 19, 2002 N 114н (registered with the Ministry of Justice of the Russian Federation on December 31, 2002, registration N 4090) as amended by orders of the Ministry of Finance of the Russian Federation dated February 11, 2008 N 23n "On amendments to the order of the Ministry of Finance of the Russian Federation dated November 19, 2002 N 114n" (registered with the Ministry of Justice of the Russian Federation on March 3, 2008, registration N 11274), (registered with the Ministry of Justice of the Russian Federation on November 25, 2010, registration N 19048) (hereinafter referred to as the Accounting Regulations “Accounting for calculations of corporate income tax” PBU 18/02), amounts that affect the amount of corporate income tax payable in the following or subsequent reporting periods.

3. These Regulations may not be applied by organizations that have the right to use simplified methods of accounting, including simplified accounting (financial) reporting .
(Clause as amended, put into effect starting from the annual financial statements for 2012 by order of the Ministry of Finance of Russia dated April 27, 2012 N 55n; as amended, put into effect on May 17, 2015 by order of the Ministry of Finance of Russia dated April 6, 2015 N 57n.

II. Recognition of an estimated liability, reflection of information on a contingent liability and a contingent asset

4. An organization’s obligation with an uncertain amount and (or) deadline (hereinafter referred to as the estimated liability) may arise:

a) from the norms of legislative and other regulatory legal acts, court decisions, contracts;

5. An estimated liability is recognized in accounting if the following conditions are simultaneously met:

b) a decrease in the economic benefits of the organization necessary to fulfill the estimated liability is likely;

c) the amount of the estimated liability can be reasonably estimated.

8. Estimated liabilities are reflected in the account for reserves for future expenses. When recognizing an estimated liability, depending on its nature, the amount of the estimated liability is included in expenses for ordinary activities or other expenses or is included in the cost of the asset.

9. A contingent liability arises for an organization as a result of past events in its economic life, when the existence of an obligation for the organization at the reporting date depends on the occurrence (non-occurrence) of one or more future uncertain events beyond the control of the organization.

Contingent liabilities also include an estimated liability existing at the reporting date that is not recognized in accounting due to failure to fulfill the conditions provided for in subparagraphs “b” and (or) “c” of paragraph 5 of these Regulations.

10. If an organization has a joint and several obligation with other persons, the estimated liability is recognized to the extent that there is a likelihood of a decrease in the economic benefits of the organization, subject to the conditions provided for in paragraph 5 of these Regulations. The part of the obligation jointly with other persons, in respect of which a decrease in the economic benefits of the organization is not probable, relates to contingent liabilities.

11. Estimated liabilities are recognized in connection with the upcoming implementation of an action program planned and controlled by the management of the organization, which significantly changes the directions of the organization’s activities, the volume of business operations or the methods of their implementation (hereinafter referred to as the upcoming restructuring of the organization’s activities) if all conditions are met, established by paragraph 5 of these Regulations, taking into account the specifics established by this paragraph. Obligations for the upcoming restructuring of the organization's activities are existing at the reporting date, subject to the simultaneous observance of the following conditions:

a) the organization has a detailed, duly approved plan for the upcoming restructuring of its activities, which defines at least:

the activities (or part of the activities) of the organization affected by the upcoming restructuring and the places of its implementation;

structural divisions, functions and approximate number of employees of the organization who will be paid compensation in connection with the termination of employment relations with them;

time of commencement of execution of the plan for the upcoming restructuring of the organization’s activities;

12. Estimated liabilities in relation to expected losses from the activities of the organization as a whole, or from certain types or regions of its activities, divisions, types of products (works, services) and other factors are not recognized in accounting.

Estimated liabilities for future expenses are recognized only if all the conditions established by paragraph 5 of these Regulations are met.

14. Contingent liabilities and contingent assets are not recognized in accounting. Information about contingent liabilities and contingent assets is disclosed in the financial statements in accordance with these Regulations.

III. Determining the amount of the estimated liability

17. When determining the amount of the estimated liability, the organization proceeds from the following:

b) if the amount of the estimated liability is determined by selecting from an interval of values, and the probability of each value in the interval is equal, then the arithmetic mean of the largest and smallest values of the interval is taken as such a value.

Examples of determining the amount of an estimated liability are given in Appendix No. 2 to these Regulations.

18. When determining the amount of the estimated liability, the following are taken into account:

a) the consequences of events after the reporting date in accordance with the Accounting Regulations “Events after the reporting date” (PBU 7/98), approved by order of the Ministry of Finance of the Russian Federation dated November 25, 1998 N 56n (registered with the Ministry of Justice of the Russian Federation on December 31, 1998 year, registration N 1674) as amended by order of the Ministry of Finance of the Russian Federation dated December 20, 2007 N 143n (registered with the Ministry of Justice of the Russian Federation on January 21, 2008, registration N 10934);

b) risks and uncertainties inherent in this estimated liability;

c) future events that may affect the amount of the provision (if there is a reasonable probability that these events will occur).

19. When determining the amount of the estimated liability, the following are not taken into account:

b) expected proceeds from the sale of fixed assets, intangible assets, products, goods and other assets associated with the recognized estimated liability. Such revenues are reflected in the accounting records of the organization in accordance with the Accounting Regulations “Income of the Organization” PBU 9/99, approved by order of the Ministry of Finance of the Russian Federation dated May 6, 1999 N 32n (registered with the Ministry of Justice of the Russian Federation on May 31, 1999, registration N 1791) as amended by orders of the Ministry of Finance of the Russian Federation dated March 30, 2001 N 27n “On introducing amendments and additions to regulatory legal acts on accounting” (registered with the Ministry of Justice of the Russian Federation on May 4, 2001, registration N 2693), dated September 18, 2006 N 116n "On amendments to regulatory legal acts on accounting" (registered with the Ministry of Justice of the Russian Federation on October 24, 2006, registration N 8397), dated November 27, 2006 N 156n "On amendments to regulatory legal acts on accounting" (registered with the Ministry of Justice of the Russian Federation on December 28, 2006, registration N 8698), dated October 25, 2010 N 132n "On amendments to regulatory legal acts on accounting" (registered with the Ministry of Justice of the Russian Federation on November 25, 2010 year, registration N 19048); dated November 8, 2010 N 144n “On amendments to regulatory legal acts on accounting (registered with the Ministry of Justice of the Russian Federation on December 1, 2010, registration N 19088);

c) expected amounts of counterclaims or amounts of claims against other persons for reimbursement of expenses that the organization is expected to incur in fulfilling this estimated liability.

If the organization has confidence in the receipt of economic benefits from counterclaims or claims to other persons when the organization fulfills the corresponding estimated liability accepted for accounting, such claims are recognized in accounting as an independent asset. The amount of such an asset should not exceed the amount of the corresponding estimated liability. In the organization's balance sheet, the amount of a recognized provision is not reduced by the amount of such an asset.

In the report on the financial results of the organization, expenses reflected when recognizing estimated liabilities are presented minus income recognized when taking into account as an asset the expected proceeds from counterclaims and claims to other persons.
(Paragraph as amended, put into effect on May 17, 2015 by order of the Ministry of Finance of Russia dated April 6, 2015 N 57n.

20. If the expected period for fulfillment of an estimated liability exceeds 12 months after the reporting date or a shorter period established by the organization in its accounting policies, such an estimated liability is assessed at a cost determined by discounting its value, calculated in accordance with paragraphs 16-19 of these Regulations ( hereinafter - present value).

Discount rate used by the organization:

a) must reflect the conditions existing in the financial market, as well as the risks specific to the obligation underlying the recognized provision;

b) should not reflect the amount of decrease or increase in the organization’s income tax, which are reflected in accounting and reporting in accordance with the Accounting Regulations “Accounting for calculations of income tax of organizations” PBU 18/02, as well as risks and uncertainties that were taken into account when calculating future cash payments caused by the estimated liability in accordance with paragraphs 16-19 of these Regulations.

An increase in the amount of an estimated liability due to an increase in its present value on subsequent reporting dates as the deadline approaches (interest) is recognized as another expense of the organization.

An example of determining the present value of an estimated liability is given in Appendix No. 2 to these Regulations.

IV. Write-off, change in the amount of an estimated liability

21. During the reporting year, when actual calculations are made for recognized estimated liabilities, the organization’s accounting records reflect the amount of the organization’s costs associated with the organization’s fulfillment of these obligations, or the corresponding accounts payable in correspondence with the reserve account for future expenses.

A recognized estimated liability may be written off to reflect costs or recognize accounts payable for the fulfillment of only the obligation for which it was created, unless otherwise provided by these Regulations.

If the amount of the recognized estimated liability is insufficient, the organization's costs to repay the liability are reflected in the organization's accounting records in the general manner.

22. In case of excess of the amount of the recognized estimated liability or in the event of termination of fulfillment of the conditions for recognition of the estimated liability established by paragraph 5 of these Regulations, the unused amount of the estimated liability is written off and assigned to other income of the organization, unless otherwise established by this paragraph.

When repaying homogeneous estimated liabilities arising from recurring business transactions in the ordinary course of the organization's activities, previously recognized excess amounts are applied to subsequent estimated liabilities of the same type immediately upon their recognition (without writing off previously recognized excess amounts to other income of the organization).

a) increased in the manner established for the recognition of an estimated liability by paragraph 8 of these Regulations (without inclusion in the value of the asset), upon receipt of additional information that allows the amount of an estimated liability to be clarified;

b) reduced in the manner established for writing off an estimated liability by paragraph 22 of these Regulations, upon receipt of additional information that allows the amount of an estimated liability to be clarified;

c) remain unchanged;

d) written off in full in the manner established by paragraph 22 of these Regulations, upon receipt of additional information allowing one to conclude that the conditions for recognition of an estimated liability established by paragraph 5 of these Regulations have ceased to be met.

V. Disclosure of information in financial statements

24. For each accounting liability recognized in the financial statements, the organization shall disclose, if material, at least the following information:

a) the amount at which the estimated liability is reflected in the organization’s balance sheet at the beginning and end of the reporting period;

b) the amount of the estimated liability recognized in the reporting period;

c) the amount of the estimated liability written off to reflect expenses or recognize accounts payable in the reporting period;

d) the amount of an estimated liability written off in the reporting period due to its excess or termination of fulfillment of the conditions for recognition of an estimated liability;

e) an increase in the amount of the estimated liability due to an increase in its present value for the reporting period (interest);

f) the nature of the obligation and the expected period of its fulfillment;

g) uncertainties that exist regarding the deadline for fulfillment and (or) the amount of the estimated liability;

25. For each contingent liability, at least the following information is disclosed in the financial statements:

a) the nature of the contingent liability;

b) the estimated value or range of estimated values of the contingent liability, if they can be determined;

c) uncertainties that exist regarding the deadline for fulfillment and (or) the amount of the obligation;

d) the possibility of proceeds as a result of counterclaims or claims against third parties to reimburse expenses that the organization will incur in fulfilling the obligation.

If, as of the reporting date, a decrease in the economic benefits of the organization due to a contingent liability is unlikely, the organization may not disclose this information.

If a provision and a contingent liability arose as a result of the same facts of economic life, the relationship between the corresponding provision and the contingent liability must be disclosed.

28. In exceptional cases, when the disclosure of information about estimated liabilities, contingent liabilities and contingent assets to the extent provided for by these Regulations causes or may cause damage to the organization in the course of resolving the consequences of the underlying obligations and facts, the organization may not disclose such information. In this case, the entity must indicate the general nature of the related provision, contingent liability or contingent asset and the reasons why more detailed information is not disclosed.

Appendix No. 1 to the Regulations. Examples of analysis of circumstances for the purpose of recognizing an estimated liability in accounting

Appendix No. 1

"Estimated liabilities, contingent
liabilities and contingent assets"
(PBU 8/2010), approved by order
Ministry of Finance
Russian Federation
dated December 13, 2010 N 167n

Examples of analysis of circumstances for the purpose of recognizing an estimated liability in accounting

Example 1. The organization has an approved program for the repair of fixed assets, which provides, in particular, for the frequency of repairs and planned costs for them. The legislation does not provide for the obligatory nature of such repairs. Information about this organization’s program has been published and is available to a wide range of people.

An obligation for future repairs of fixed assets does not arise because the organization does not have an obligation arising as a result of past events of its activities, the fulfillment of which it cannot avoid. An estimated liability for future expenses for the repair of fixed assets of the organization is not recognized.

Example 2. The legislation provides for mandatory repairs of fixed assets in the industry in which the organization operates. The law provides for fines for the operation of fixed assets without repairs. The organization has an approved program for the repair of fixed assets, which provides, in particular, for the frequency of repairs and planned costs for them. Information about this organization’s program has been published and is available to a wide range of people.

An obligation for future repairs of fixed assets does not arise because the organization does not have an obligation arising as a result of past events of its activities, the fulfillment of which it cannot avoid. The estimated liability for the upcoming costs of repairing the organization's fixed assets is not accepted for accounting. However, the organization recognizes an estimated liability for fines to be paid for failure to carry out repairs if all the conditions for recognizing estimated liabilities in relation to such fines are met.

Example 3. During the reporting period, the legislation on taxes and fees underwent significant changes. The organization's management considers it necessary to retrain the personnel responsible for tax calculations. The organization has an approved retraining program, which provides, in particular, planned expenses for it.

An obligation for future retraining of personnel does not arise because the organization does not have an obligation arising as a result of past events of its activities, the fulfillment of which it cannot avoid. The estimated liability for the upcoming retraining of personnel is not recognized in accounting.

Example 4. In accordance with the financial plan, in the upcoming reporting year the organization is expected to make a loss in one of its areas of activity. The management of the organization believes that the occurrence of this loss is quite likely.

A liability in respect of an expected loss does not arise because the entity does not have an obligation arising from past events of its activities that it cannot avoid. A provision for the expected loss is not recognized.

Example 5. The organization entered into an agreement for the supply of products it produces. In accordance with the terms of the agreement, the expected revenue is 1000 thousand rubles. (without VAT). The organization estimates that due to rising prices for raw materials, the cost of producing the products provided for in the contract will amount to 1,200 thousand rubles. (without VAT). The contract has not yet begun to be executed. There are no sanctions for its termination.

The contract is not obviously unprofitable, since the organization can terminate it without paying sanctions. The corresponding provision is not recognized under the contract.

Example 6. The organization entered into an agreement for the supply of products it produces. In accordance with the terms of the agreement, the expected revenue is 1,500 thousand rubles. (without VAT). The organization estimates that due to rising prices for raw materials, the cost of producing the products provided for in the contract will amount to 2,000 thousand rubles. (without VAT). The contract has not yet begun to be executed. The penalty for failure to fulfill the contract will be 600 thousand rubles.

The contract is obviously unprofitable, since the inevitable costs of its implementation (2000 thousand rubles) exceed the expected revenues under it (1500 thousand rubles), and to exit the contract the organization will have to pay a significant amount (600 thousand rubles). The estimated liability is recognized in the accounting records of the organization in the amount of a possible net loss upon execution of the contract of 500 thousand rubles. (2000 thousand rubles - 1500 thousand rubles), which is less than the amount of the penalty for failure to fulfill the contract (600 thousand rubles).
(Paragraph as amended, put into effect from the annual financial statements for 2011 by order of the Ministry of Finance of Russia dated February 14, 2012 N 23n.

Example 7.

structural divisions, functions and approximate number of employees who will be paid compensation in connection with the severance of employment relations with them;

expenses necessary for the upcoming restructuring of the organization’s activities;

The organization's management did not announce the existing plan to employees.

An obligation in relation to the upcoming restructuring of the organization's activities does not arise because the organization does not have an obligation arising as a result of past events of its activities, the fulfillment of which it cannot avoid. The estimated liability for the upcoming restructuring of the organization's activities is not recognized.

Example 8. The management of the organization approved a detailed plan for the upcoming restructuring of the organization’s activities, providing, in particular:

the activities of the organization affected by the upcoming restructuring and the places where they are carried out;

structural divisions, functions and approximate number of employees of the organization who will be paid compensation in connection with the severance of labor relations with them;

expenses necessary for the upcoming restructuring of the organization’s activities;

timing of the upcoming restructuring of the organization’s activities.

The organization's management has announced the existing plan to employees and is coordinating the plan with the employees' union.

Obligations regarding future restructuring of operations exist because the entity has obligations arising from past events in its operations that it cannot avoid. A decrease in economic benefits as a result of the upcoming restructuring of the organization is quite likely. Estimated liabilities for the upcoming restructuring of the organization's activities are recognized if the amount of liabilities can be reasonably estimated.

Appendix 2 to the Regulations. Examples of determining the amount of an estimated liability

Appendix 2
to the Accounting Regulations
"Estimated liabilities, contingent
liabilities and contingent assets"
(PBU 8/2010), approved
by order of the Ministry
finance of the Russian Federation
dated December 13, 2010 N 167n

Examples of determining the amount of an estimated liability

Example 1. As of the reporting date, the organization is a party to legal proceedings. Based on the expert opinion, the organization assesses that it is more likely than not that the court decision will not be made in its favor; the amount of losses of the organization in this case will be either 1000 thousand rubles, if the court decides to compensate only the plaintiff’s direct losses, or 2000 thousand rubles, if the court decides to compensate, in addition to direct losses, also the plaintiff’s lost profits. The probabilities of the first and second outcomes of the case are estimated by experts as 95 and 5 percent, respectively.

Despite the fact that the most likely outcome of the trial is only compensation for the plaintiff’s direct losses, the organization also takes into account another likely outcome of the case - compensation for lost profits.

1000 x 0.95 + 2000 x 0.05 = 1050 (thousand rubles).

The estimated period for fulfillment of the estimated liability does not exceed 12 months. The estimated liability for the trial is recognized in accounting in the amount of 1,050 thousand rubles.

Example 2. As of the reporting date, the organization is a party to legal proceedings. Based on the expert opinion, the organization estimates that it is quite likely that the court decision will not be made in its favor, and the amount of losses to the organization will range from 1,000 to 4,000 thousand rubles.

The organization calculates the amount of the estimated liability:

(1000 + 4000) / 2 = 2500 (thousand rubles).

The estimated period for fulfillment of the estimated liability does not exceed 12 months. The estimated liability for the trial is recognized in accounting in the amount of 2,500 thousand rubles.

Example 3. The organization sells goods with a warranty service obligation for one year from the date of sale. For each individual product sold, the likelihood of a decrease in the economic benefits of the organization due to its return as low-quality and not subject to repair or due to the costs of its repair is assessed as low. At the same time, calculations based on the organization's past experience show that with a high degree of probability, approximately 2 percent of goods sold will be returned as defective and cannot be repaired, and another 10 percent will require additional repair costs. Based on these calculations, the organization estimates the liability for issued warranty obligations arising from the sale of goods with an obligation to provide warranty service, in relation to the entire set of goods.

The organization assumes that additional repair costs will be 30 percent of the cost of defective goods. Based on this calculation, a monetary assessment is made of the amount of the estimated liability in connection with the estimated costs of warranty service for goods sold, which in the case under consideration will be 2 percent + 10 percent x 0.3 = 5 percent of the cost of goods sold.

The entity calculates the amount of the provision as of December 31, 20X0. The estimated amount of the liability to be repaid is 1200 thousand rubles. The maturity date of the liability is 2 years after the reporting date. The discount rate adopted by the organization is 14 percent.

is calculated as the product of the amount of the obligation to be repaid by the discount factor.

The discount factor is determined by the formula:

CD = 1/(1+SD)^N, where:

CD - discount factor;

SD - discount rate;

N is the discounting period for the estimated liability in years.

The discount factor is equal to: CD = 1/(1+0.14)^2 = 0.76947.

The present value of the estimated liability, as well as the costs of its increase (interest) are by year:

at 31 December 20X0:

1200.00 thousand rubles. x 0.76947 = 923.36 thousand rubles.

at 31 December 20X1:

923.36 thousand rubles. x 0.14 = 129.27 thousand rubles.

present value of the provision

923.36 thousand rubles. + 129.27 thousand rubles. = 1052.63 thousand rubles.

at 31 December 20X2:

expenses to increase the estimated liability (interest)

1052.63 thousand rubles. x 0.14 = 147.37 thousand rubles.

present value of the provision

1052.63 thousand rubles. + 147.37 thousand rubles. = 1200.00 thousand rubles.

Based on the calculation made, in the accounting records of the organization as of December 31, 20X0, the present value of the estimated liability is reflected in the amount of 923.36 thousand rubles. As of December 31, 20X1, the organization reflects in its accounting records an increase in the amount of the estimated liability in the debit of the account of other income and expenses and the credit of the account of reserves for future expenses in the amount of 129.27 thousand rubles, and as of December 31, 20X2 - 147.37 thousand rubles.

In the annual financial statements for 20X0, the estimated liability is reflected in the amount of 923 thousand rubles, for 20X1 - 1053 thousand rubles, for 20X2 - 1200 thousand rubles.

Revision of the document taking into account
changes and additions prepared
JSC "Kodeks"

"Russian Tax Courier", 2011, N 8

Starting from 2011, when maintaining accounting and preparing financial statements, organizations must apply the new PBU 8/2010. When applying this accounting standard in practice, many questions arise.<1>. What is an estimated liability, how is it formed and how to determine its amount?

<1>Read about how to reflect estimated liabilities in accounting and what information about estimated liabilities should be disclosed in financial statements in the next issue. - Note. ed.

PBU 8/2010 “Estimated liabilities, contingent liabilities and contingent assets” was approved by Order of the Ministry of Finance of Russia dated December 13, 2010 N 167n (hereinafter referred to as Order N 167n)<2>. Order N 167n came into force starting from the financial statements of 2011. Accordingly, from this year PBU 8/01 became invalid. New accounting standard are required to be used by all organizations except credit institutions.

Small businesses, with the exception of issuers of publicly placed valuable papers, has the right not to apply PBU 8/2010. This is discussed in paragraph 3 of this document. If a small business decides not to use the new accounting standard, this decision should be recorded in its accounting policies.

What are the differences between PBU 8/2010 and PBU 8/01

Let us recall the rules of the previous PBU 8/01. This accounting standard regulated the procedure for reflecting contingent facts in financial statements economic activity organizations (clause 1). A contingent fact was recognized as a fact of economic activity occurring as of the reporting date, regarding the consequences of which and the likelihood of their occurrence in the future there is uncertainty. The occurrence of consequences depends on whether one or more uncertain events occur or do not occur in the future (clause 3).

Contingent facts lead to such consequences as contingent liabilities and contingent assets (clause 4). All significant consequences of contingent facts were subject to reflection in the financial statements (clause 5). If there was a high or very high degree of probability that a contingent liability in the future would lead to a decrease in economic benefits and the organization could reasonably estimate its value, then PBU 8/01 prescribed the formation of a reserve for the corresponding contingent liability (clause 8). The created reserve was reflected in accounting as part of expenses for ordinary activities or other expenses (clause 9). If during the reporting year the corresponding facts of economic activity actually occurred, then the costs of fulfilling obligations previously recognized as conditional were subject to write-off from the reserve.

The new PBU 8/2010 retains the previous categories of contingent liabilities and contingent assets and the requirements for their reflection in the notes to the financial statements. But the provision for contingent liabilities is no longer mentioned in this standard. This means that starting from 2011 there is no need to create such a reserve. The main emphasis in PBU 8/2010 is on a new concept - an estimated liability. Let's figure out what this is the new kind obligations, which are reflected not only in the financial statements, but also directly in the accounting accounts.

What is an estimated liability

According to clause 4 of PBU 8/2010, an estimated liability is an obligation of an organization with an uncertain amount and (or) deadline. An estimated liability may arise based on the norms of legislative and other regulatory legal acts, court decisions, and contracts. In addition, it may result from actions by the organization that, because of established past practices or statements by the organization, indicate to others that the organization accepts certain responsibilities. As a result, such individuals have a reasonable expectation that the organization will fulfill these responsibilities.

The accountant needs to remember three conditions, with the simultaneous fulfillment of which the obligation is qualified as an estimated one and is reflected in accounting (clause 5 of PBU 8/2010):

the organization has an obligation that is a consequence of past events in its economic life. The organization cannot avoid fulfilling this responsibility;
there is a possibility that when this estimated liability is fulfilled, the economic benefits of the organization will decrease (that is, the organization will incur certain costs to fulfill this obligation);
the amount of the provision can be reasonably estimated.

When an organization is in doubt as to whether it has such a future obligation, it should consider all circumstances and conditions, including the opinions of experts (specialists in the relevant field). If, as a result of such an analysis, it turns out that it is more likely than not that an obligation exists, then an estimated liability should be recognized in accounting (clause 5 of PBU 8/2010).

A similar approach should be taken to assessing the likelihood of a reduction in economic benefits. If it is more likely than not that the organization will have to incur costs to fulfill this future obligation, then a decrease in economic benefits is considered probable (clause 7 of PBU 8/2010). The likelihood of a decrease in economic benefits is assessed for each obligation separately. An exception is when, as of the reporting date, there are several obligations that are similar in nature and the uncertainty they generate. It is possible that for each individual obligation, a decrease in the economic benefits of the organization is unlikely, but as a result of the fulfillment of the entire set of obligations, a decrease in economic benefits is quite likely. In this case, the entire set of similar liabilities is recognized in accounting as an estimated liability.

Relationship between estimated and contingent liabilities

Definitions of contingent liabilities and contingent assets are given in paragraphs 9 and 13 of PBU 8/2010. A contingent liability or contingent asset arises for an organization as a result of past events in its economic life, when the existence of an obligation (asset) at the reporting date depends on the occurrence (non-occurrence) of one or more future uncertain events beyond the control of the organization. According to clause 14 of PBU 8/2010, contingent liabilities and contingent assets are not reflected in the accounting accounts. But information about contingent liabilities and contingent assets should be disclosed in the organization’s financial statements in accordance with paragraphs 25 and 27 of PBU 8/2010.

Clause 6 of PBU 8/2010 states that the conditions for recognizing an estimated liability in relation to a past event in the economic life of an organization that were not met as of one reporting date may be met as of subsequent reporting dates. This is possible if events occur (legislative and other regulatory legal acts change, the organization or other persons take some actions) as a result of which the organization will not be able to avoid the corresponding settlement obligations.

If at the reporting date there is an obligation for which not all the conditions listed in paragraph 5 of PBU 8/2010 are met (for example, the organization believes that a decrease in economic benefits is unlikely, or cannot yet give a reasonable estimate of upcoming expenses), then this obligation should be qualify as a contingent liability (clause 9 of PBU 8/2010).

As of subsequent reporting dates, it is necessary to check obligations previously recognized as contingent. If for any of them all the conditions from clause 5 of PBU 8/2010 begin to be met, such an obligation should be transferred to the estimated category and reflected in accounting and reporting in accordance with the requirements of this accounting standard.

The opposite situation may also be true. For example, the organization has an obligation in respect of which all the conditions listed in clause 5 of PBU 8/2010 were met. The organization recognized an estimated liability in its accounting. But subsequently, one of the mandatory conditions ceased to be fulfilled (for example, the likelihood of incurring costs to fulfill this obligation has greatly decreased). In this case, this obligation should be transferred from the category of estimated liabilities to the group of contingent liabilities.

Clause 10 of PBU 8/2010 discusses the situation when an organization has a joint and several obligation with other persons. Subject to the conditions provided for in paragraph 5 of this standard, the organization recognizes an estimated liability to the extent that there is a likelihood of a decrease in its economic benefits. If a decrease in the economic benefits of the organization in relation to its part of the obligation is not probable, then the corresponding part of the obligation jointly and severally with other persons relates to contingent obligations.

Practical examples of provisions

When applying PBU 8/2010, each accountant is faced with the task of learning to determine in which cases the organization has estimated liabilities. The examples given in Appendix No. 1 to this standard will help you solve it. This Appendix discusses a number of situations on the basis of which the procedure for recognizing provisional liabilities is illustrated.

Situation 1. Failure to comply with the terms of the business agreement. If the organization as of the reporting date has unfulfilled obligations under the contract, but this is only current debt(the organization plans to fulfill its obligations under the contract), then it does not have an estimated liability. Clause 2 of PBU 8/2010 states that this accounting standard does not apply to contracts for which, as of the reporting date, at least one party to the contract has not fully fulfilled its obligations, with the exception of obviously unprofitable contracts.

According to paragraph 2 of PBU 8/2010, obviously unprofitable contracts include those contracts whose inevitable execution costs exceed the proceeds expected from their execution. In addition, the terms of such an agreement must provide for penalties. For obviously unprofitable contracts, an estimated liability is recognized in accounting. Its value is determined based on the amount of expected losses for the payment of penalties to the counterparty.

Note. A contract whose execution can be terminated by the organization unilaterally without significant sanctions from the counterparty is not a deliberately unprofitable contract. Under such agreements, estimated liabilities are not created in accounting.

If an organization decides to fulfill the terms of a contract under which implementation costs exceed revenues, then an estimated liability is not recognized for expected losses.

Situation 2. Expected losses from business activities. Let’s say, according to the financial plan, the organization in the coming year is expected to make a loss either for its activities as a whole, or for one of the types of activities, or for one of the types of products (works, services), or separate division or region of activity. Moreover, the type of loss does not matter. In any case, no provision is created for the expected loss. This rule is separately stipulated in clause 12 of PBU 8/2010. The fact is that with an expected loss, the organization does not have any obligation related to past events, the fulfillment of which it cannot avoid.

Situation 3. Repair of fixed assets. Suppose an organization has planned to repair fixed assets. A repair program has been developed and a cost estimate has been approved. There is no provision for future repair costs because the organization does not have an obligation dictated by past events that it cannot avoid. If the obligation to carry out repairs of individual fixed assets is provided for by regulations and penalties are provided for failure to carry out repairs, then the situation changes. In case of refusal to carry out repairs of fixed assets, the organization faces the risk of paying a fine, and an estimated liability is created in accounting for the amount of sanctions.

Situation 4. Employee training. The organization planned to train a number of employees to improve their skills. The training program and cost estimate have been approved. An estimated liability is not created in accounting, since the organization does not have an obligation related to past events in its economic life, the fulfillment of which it cannot avoid.

Situation 5. Restructuring of activities. If an organization plans to restructure its activities, it will face inevitable expenses (for restructuring production, closing some structural divisions and opening new ones, paying compensation to dismissed employees, etc.). Whether estimated liabilities will be reflected in accounting depends on whether the conditions listed in clause 11 of PBU 8/2010 are met or not. Among them are the presence of a detailed program for the upcoming restructuring and an estimate of the expected costs of its implementation, as well as the emergence of reasonable expectations among the organization’s employees that the restructuring plan will be implemented in the near future.

Let's say an organization has developed a restructuring program, but employees do not know about it. IN in this case they have no expectation that the organization will fulfill its obligation to pay severance pay. The estimated liability for the upcoming restructuring of the organization's activities is not recognized.

Let's take another situation - the organization announced to employees about the upcoming restructuring. According to the requirements of Art. 180 Labor Code the employer two months before the dismissal warned some employees in writing about the upcoming dismissal due to a reduction in the number of employees. The workers signed the corresponding notice. After this, they had reasonable expectations that, in accordance with Art. 178 of the Labor Code of the Russian Federation, the employer will pay them at the time of their dismissal severance pay in the amount of average earnings.

Consequently, as a result of past actions committed by the organization (we are talking about a written warning to employees about the upcoming reduction in staff), it has obligations to employees provided for by labor legislation. The organization cannot avoid fulfilling these responsibilities. It is quite likely that it will incur costs in connection with the upcoming restructuring of its activities. The organization can reasonably determine the amount of the obligation to pay severance pay to dismissed employees. An estimated liability is created for this amount, which is reflected in the organization’s accounting.

As for the upcoming expenses directly related to the reorganization of production, a reserve for discontinued activities is created for them, provided for by the requirements of PBU 16/02<3>.

<3>The rules of PBU 16/02 “Information on discontinued activities” are applied taking into account the requirements of the new PBU 8/2010.

Determining the amount of the estimated liability

According to clause 15 of PBU 8/2010, the amount of the estimated liability, according to which it is reflected in accounting, is determined based on the most reliable monetary estimate of the expenses necessary for settlements on this liability. This is the amount of funds that the organization will need directly to fulfill (repay) the obligation or to transfer the obligation to another person as of the reporting date. The validity of such an assessment must be documented. This requirement is contained in clause 16 of PBU 8/2010. Therefore, it is advisable to record the fact of the occurrence of an estimated liability, its characteristics and the calculation of its value in writing, for example in the form of an accounting certificate.

Note. Accounting information will serve as the primary accounting document to reflect the estimated liability in accounting.

Specific data available to the organization may be cited as facts confirming the assessment of the liability. For example, amounts of sanctions under the terms of business contracts, amounts of penalties, provided for by law, calculations of the amount of expected payments in the form of severance pay to employees dismissed during the liquidation of the organization, reduction in the number or staff of employees, the amount of vacation pay for upcoming vacations, etc.

The amount of the estimated liability can be determined based on the fulfillment of similar obligations that the organization previously had. Based on such similar data, the amount of expected expenses to fulfill the new estimated liability is calculated. It is also possible to estimate the amount of the obligation to be fulfilled in the future based on the opinions of experts (specialists in the relevant field). For example, lawyers, based on established judicial practice, can determine the degree of likelihood of a court decision in one or another part of the claim against the organization. Based on this, the organization can make a calculation of the expected costs of implementing a court decision in the event of an expected loss in court.

On the other hand, when determining the amount of the estimated liability, the amount of decrease or increase in income tax according to PBU 18/02 (that is, PNO, PNA, ONA and ONO), expected proceeds from the sale of fixed assets, intangible assets, products, goods are not taken into account and other assets associated with the recognized provision, as well as the expected amounts of counterclaims or the amount of claims against other persons for reimbursement of expenses that the organization is expected to incur in fulfilling this provision. This procedure is established by clause 19 of PBU 8/2010. At the same time, this paragraph provides an exception to of this rule. Let's consider it.

Note. When determining the amount of an estimated liability, one should take into account the consequences of events after the reporting date in accordance with PBU 7/98, the risks and uncertainties inherent in this estimated liability, future events that may affect the amount of the estimated liability (if there is a reasonable probability that these events will occur ). Basis - clause 18 of PBU 8/2010.

The emergence of assets in connection with the recognition of an estimated liability

If an organization is confident that upon fulfillment of the corresponding estimated liability accepted for accounting, it will most likely have proceeds from counterclaims or claims against other persons, such claims are recognized in accounting as independent asset(Clause 19 PBU 8/2010). This asset is reflected in accounting in an amount not exceeding the value of the corresponding estimated liability.

Note. When preparing financial statements, the amounts of a recognized asset in the form of expected proceeds from counterclaims or claims against other persons are reflected according to the rules written at the end of clause 19 of PBU 8/2010.

IN balance sheet organization, the amount of the recognized provision is not reduced by the amount of the above asset. That is, the amounts of recognized estimated liabilities and related assets are shown in detail in the balance sheet.

IN income statement Similar amounts are shown, on the contrary, collapsed. Expenses reflected when recognizing estimated liabilities are net of income recognized in accounting as an asset of expected proceeds from counterclaims and claims against other persons. In current regulations in accounting this category assets have not yet been disclosed, their definition will be given in the future, when, in accordance with the program for reforming the Russian accounting system, changes are made to PBU 9/99.

Today, it is important for an accountant to understand that the specified asset is recognized in accounting only if the organization is fully confident in its receipt. Here it would be appropriate to recall one of fundamental principles accounting - the requirement of prudence. That is, when forming accounting policies and maintaining accounting records, the organization must be more willing to recognize expenses and liabilities than possible income and assets, preventing the creation of hidden reserves. This is stated in paragraph 7 of PBU 1/2008. The accounting policy must provide for how the specified amount of assets will be reflected in the organization’s balance sheet. This may be a transcript to one of the existing balance sheet items or separate line(if significant) in section " Fixed assets" or "Current assets".

Let us recall that in the balance sheet assets and liabilities must be presented as divided into short-term and long-term depending on the maturity period. Basis - clause 19 of PBU 4/99.

Note. There is no separate account in the Chart of Accounts to reflect the category of new assets under consideration. If an organization decides to recognize such assets in accounting, it needs to set out in its accounting policy which of its existing accounts it will reflect them on. For this purpose, you must enter a separate subaccount on the selected account.

Methods for determining the amount of an estimated liability

Clause 17 of PBU 8/2010 provides explanations on two methods for determining the amount of an estimated liability. Specific digital examples are given in Appendix No. 2 to PBU 8/2010. If the organization has a set of values to determine the amount of the estimated liability, then based on them it should be derived weighted average. It is calculated as the average of the products of each value and its probability.

Example 1. As of the reporting date, Quartz LLC is a party to the litigation as a defendant. The counterparty to the contract filed a claim against Quartz LLC in the amount of RUB 340,000. - direct losses of the plaintiff, 120,000 rubles. - lost profits of the plaintiff.

Lawyers for Quartz LLC believe that the organization will most likely lose the trial. Relying on judicial practice, they estimate the probability of the outcome of the court case as follows:

award of penalties under the terms of the business agreement with the plaintiff - 90%;
compensation for direct losses of the plaintiff in the amount of 100,000 rubles. - 95%;
compensation for direct losses of the plaintiff in the amount of 40,000 rubles. - 50%;
compensation for lost profits of the plaintiff - 5%.

Based on assessment high probability loss in court and the occurrence of upcoming expenses for the execution of the court decision, Kvarts LLC decided to recognize an estimated liability in accounting. The amount of this obligation is determined as follows. First, the organization’s accountant calculates the likely amount of each type of upcoming expense to compensate the plaintiff for damage based on the degree of risk of their occurrence, determined by experts (the organization’s lawyers):

expenses for paying sanctions under the contract - 72,000 rubles. (RUB 80,000 x 90%);
compensation for direct losses of the plaintiff - 95,000 rubles. (RUB 100,000 x 95%);
compensation for direct losses of the plaintiff - 20,000 rubles. (RUB 40,000 x 50%);
compensation for lost profits of the plaintiff - 6,000 rubles. (RUB 120,000 x 5%).

The total amount of probable expenses is 193,000 rubles. (RUB 72,000 + RUB 95,000 + RUB 20,000 + RUB 6,000).

The estimated period for fulfillment of the specified estimated liability is less than 12 months. The estimated liability for the trial is recognized in the accounting records of Kvarts LLC in the amount of RUB 193,000.

In the balance sheet, this provision is reflected as part of short-term liabilities.

The probability that an organization will have to incur a certain amount of expenses to fulfill an estimated liability can be defined as a range of values - from minimum to maximum amount. If the probability of each value in this interval is equal, then the amount of the estimated liability is taken average from the largest and smallest values of the interval.

Let us explain how to make such a calculation using an example.

Example 2. As of the reporting date, Lira OJSC is a party to the litigation. According to lawyers, it is quite likely that the court decision will not be made in favor of the organization. The estimated amount of losses of the organization is from 600,000 to 750,000 rubles. JSC Lira decided to recognize an estimated liability in its accounting and reporting. The organization's accountant calculated its value - 675,000 rubles. [(600,000 rub. + 750,000 rub.) : 2].

The expected period for making a court decision and incurring costs for its implementation does not exceed 12 months. OJSC Lira reflected in its accounting and reporting an estimated liability in the amount of 675,000 rubles. as part of short-term liabilities.

M.S.Polyakova

Journal expert

"Russian tax courier"

certified teacher

as amended from 02/14/2012 No. 23n, from 04/27/2012 No. 55n)

I. General provisions

1. This Regulation establishes the procedure for reflecting estimated liabilities, contingent liabilities and contingent assets in the accounting and reporting of organizations (with the exception of credit institutions, state (municipal) institutions) that are legal entities under the legislation of the Russian Federation (hereinafter referred to as organizations).

2. This Regulation does not apply to:

a) contracts under which, as of the reporting date, at least one party to the contract has not fully fulfilled its obligations, with the exception of contracts, the inevitable costs of execution of which exceed the proceeds expected from their execution (hereinafter referred to as obviously unprofitable contracts). A contract whose execution can be terminated by the organization unilaterally without significant sanctions is not a deliberately unprofitable one;
b) reserve capital, reserves formed from the organization’s retained earnings;
c) valuation reserves;
d) accounted for in accordance with the Accounting Regulations "" PBU 18/02, approved by order of the Ministry of Finance of the Russian Federation dated November 19, 2002 No. 114n (registered with the Ministry of Justice of the Russian Federation on December 31, 2002, RN 4090) with amendments introduced by orders of the Ministry of Finance of the Russian Federation dated February 11, 2008 No. 23n “On amendments to the order of the Ministry of Finance of the Russian Federation dated November 19, 2002 No. 114n "(registered with the Ministry of Justice of the Russian Federation on March 3, 2008, RN 11274), dated October 25, 2010 No. 132n "On amendments to regulatory legal acts on accounting" (registered with the Ministry of Justice of the Russian Federation on November 25, 2010, RN 19048) (hereinafter referred to as the Accounting Regulations accounting “Accounting for calculations of corporate income tax” PBU 18/02), amounts that affect the amount of corporate income tax payable in the following reporting period or in subsequent reporting periods.

3. This Regulation may not be applied by small businesses, with the exception of small businesses - issuers of publicly placed securities, as well as socially oriented non-profit organizations.

(as amended by order of the Ministry of Finance of Russia dated April 27, 2012 No. 55n)

II. Recognition of an estimated liability, reflection of information on a contingent liability and a contingent asset

A) the organization has an obligation resulting from past events in its economic life, the fulfillment of which the organization cannot avoid. In the event that an organization has doubts about the existence of such an obligation, the organization recognizes a provision if, as a result of an analysis of all circumstances and conditions, including the opinions of experts, it is more likely than not that the obligation exists;
b) a decrease in the economic benefits of the organization necessary to fulfill the estimated liability is likely;
V) the amount of the provision can be reasonably estimated.

6. The conditions for recognizing an estimated liability in relation to a past event in the economic life of the organization that were not met as of one reporting date may be met as of subsequent reporting dates if, due to changes in legislation and other regulatory legal acts and (or) actions of the organization and (or) other persons the organization has no way to avoid the settlements associated with such an event.

7. A reduction in the economic benefits of an entity necessary to satisfy an obligation is considered probable if it is more likely than not that such a reduction will occur. The probability of a decrease in economic benefits is assessed for each liability separately, except for cases where, as of the reporting date, there are several liabilities of the same nature and the uncertainty they generate, which the entity assesses together. Moreover, despite the fact that a decrease in the economic benefits of the organization for each individual obligation may be unlikely, a decrease in economic benefits as a result of the fulfillment of the entire set of obligations may be quite probable.

Examples of analysis of circumstances for the purpose of recognizing an estimated liability in accounting are given in.

Contingent liabilities also include an estimated liability existing at the reporting date that is not recognized in accounting due to failure to comply with the conditions provided for in subparagraphs “ b" and (or) " V» .

10. If an organization has a joint and several obligation with other persons, an estimated liability is recognized to the extent that there is a likelihood of a decrease in the economic benefits of the organization, subject to the conditions provided for. The part of the obligation jointly with other persons, in respect of which a decrease in the economic benefits of the organization is not probable, relates to contingent liabilities.

11. Estimated liabilities are recognized in connection with the upcoming implementation of a program of actions planned and controlled by the management of the organization, which significantly changes the directions of the organization’s activities, the volume of business operations or the methods of their implementation (hereinafter referred to as the upcoming restructuring of the organization’s activities) subject to the fulfillment of all conditions established, taking into account the specifics established by this paragraph. Obligations for the upcoming restructuring of the organization's activities are existing at the reporting date, subject to the simultaneous observance of the following conditions:

A) the organization has a detailed, duly approved plan for the upcoming restructuring of its activities, which defines, at a minimum:
- the activities (or part of the activities) of the organization affected by the upcoming restructuring and the places of its implementation;
- structural divisions, functions and approximate number of employees of the organization who will be paid compensation in connection with the termination of employment relations with them;
- time of commencement of execution of the plan for the upcoming restructuring of the organization’s activities;
b) the organization, through its actions and (or) statements, has created reasonable expectations among persons whose rights are affected by the upcoming restructuring of the organization’s activities that the restructuring plan will be implemented in the near future.

12. Estimated liabilities in relation to expected losses from the activities of the organization as a whole, or from certain types or regions of its activities, divisions, types of products (works, services) and other factors are not recognized in accounting.

Estimated liabilities for future expenses are recognized only if all conditions established by .

13. A contingent asset arises for an organization as a result of past events in its economic life, when the existence of an asset at the reporting date depends on the occurrence (non-occurrence) of one or more future uncertain events beyond the control of the organization.

14. Contingent liabilities and contingent assets are not recognized in accounting. Information about contingent liabilities and contingent assets is disclosed in the financial statements in accordance with these Regulations.

III. Determining the amount of the estimated liability

18. When determining the amount of the estimated liability, the following are taken into account:

A) consequences of events after the reporting date in accordance with the Accounting Regulations "" PBU 7/98, approved by order of the Ministry of Finance of the Russian Federation dated November 25, 1998 No. 56n (registered with the Ministry of Justice of the Russian Federation on December 31, 1998, RN 1674) as amended by order of the Ministry of Finance of the Russian Federation dated December 20, 2007 No. 143n (registered with the Ministry of Justice of the Russian Federation on January 21, 2008, RN 10934);
b) risks and uncertainties inherent in this liability;
V) future events that may affect the amount of the provision (if there is a reasonable probability that these events will occur).

19. When determining the amount of the estimated liability, the following are not taken into account:

A) the amount of decrease or increase in corporate income tax that is reflected in accounting and reporting in accordance with the Accounting Regulations "" PBU 18/02;
b) expected proceeds from the sale of fixed assets, intangible assets, products, goods and other assets associated with the recognized estimated liability. Such receipts are reflected in the organization’s accounting records in accordance with the Accounting Regulations "" PBU 9/99, approved by order of the Ministry of Finance of the Russian Federation dated May 6, 1999 No. 32n (registered with the Ministry of Justice of the Russian Federation on May 31, 1999, RN 1791) as amended by orders of the Ministry of Finance of the Russian Federation dated March 30, 2001 No. 27n “On introducing changes and additions to regulatory legal acts on accounting” (registered with the Ministry of Justice of the Russian Federation on May 4, 2001, RN 2693), dated September 18, 2006 No. 116n “On amendments to regulatory legal acts on accounting” (registered with the Ministry of Justice of the Russian Federation on October 24, 2006, RN 8397), dated November 27, 2006 No. 156n “On amendments to regulatory legal acts on accounting” (registered with the Ministry of Justice of the Russian Federation on December 28, 2006, RN 8698), dated October 25, 2010 No. 132n “On amendments to regulatory legal acts on accounting” (registered with the Ministry of Justice of the Russian Federation on October 25. 2010, RN 19048); dated November 8, 2010 No. 144n “On amendments to regulatory legal acts on accounting (registered with the Ministry of Justice of the Russian Federation on December 1, 2010, RN 19088);
V) expected amounts of counterclaims or amounts of claims against other persons for reimbursement of expenses that the organization is expected to incur in fulfilling this provision.

If the organization has confidence in the receipt of economic benefits from counterclaims or claims to other persons when the organization fulfills the corresponding estimated liability accepted for accounting, such claims are recognized in accounting as an independent asset. The amount of such an asset should not exceed the amount of the corresponding estimated liability. In the organization's balance sheet, the amount of a recognized provision is not reduced by the amount of such an asset.

In the organization's profit and loss statement, expenses reflected when recognizing estimated liabilities are presented minus income recognized when accounting for expected proceeds from counterclaims and claims against other persons as an asset.

20. If the expected period for fulfillment of an estimated liability exceeds 12 months after the reporting date or a shorter period established by the organization in its accounting policies, such an estimated liability is assessed at a value determined by discounting its value, calculated in accordance with (hereinafter referred to as the present value).

Discount rate used by the organization:

A) must reflect existing financial market conditions, as well as risks specific to the obligation underlying the recognized provision;
b) should not reflect the amount of decrease or increase in the organization’s income tax, which is reflected in accounting and reporting in accordance with the Accounting Regulations "" PBU 18/02, as well as the risks and uncertainties that were taken into account in estimating the future cash payments caused by the provision in accordance with .

An example of determining the present value of an estimated liability is given in.

IV. Write-off, change in the amount of an estimated liability

21. During the reporting year, when actual calculations are made for recognized estimated liabilities, the organization's accounting records reflect the amount of the organization's costs associated with the organization's fulfillment of these obligations, or the corresponding accounts payable in correspondence with the reserve account for future expenses.

A recognized estimated liability may be written off to reflect costs or recognize accounts payable for the fulfillment of only the obligation for which it was created, unless otherwise provided by these Regulations.

If the amount of the recognized estimated liability is insufficient, the organization's costs to repay the liability are reflected in the organization's accounting records in the general manner.

22. In case of excess of the amount of the recognized estimated liability or in case of termination of fulfillment of the conditions for recognition of the estimated liability established by , the unused amount of the estimated liability is written off and allocated to other income of the organization, unless otherwise established by this paragraph.

When repaying homogeneous estimated liabilities arising from recurring business transactions in the ordinary course of the organization's activities, previously recognized excess amounts are applied to subsequent estimated liabilities of the same type immediately upon their recognition (without writing off previously recognized excess amounts to other income of the organization).

23. The validity of recognition and the amount of the estimated liability are subject to verification by the organization at the end of the reporting year, as well as upon the occurrence of new events related to this liability.

Based on the results of such a check, the amount of the estimated liability may be:

A) increased in the manner established for the recognition of an estimated liability (without inclusion in the value of the asset), upon receipt of additional information that makes it possible to clarify the amount of the estimated liability;
b) reduced in the manner established for writing off an estimated liability paragraph 22 of these Regulations, upon receipt of additional information that allows us to clarify the amount of the estimated liability;
V) remain unchanged;
G) written off completely in accordance with the established procedure paragraph 22 of these Regulations, upon receipt of additional information allowing one to draw a conclusion about the termination of fulfillment of the conditions for recognition of an estimated liability established by .

V. Disclosure of information in financial statements

24. For each accounting liability recognized in the financial statements, the organization discloses, if material, at least the following information:

A) the amount at which the estimated liability is reflected in the organization’s balance sheet at the beginning and end of the reporting period;
b) the amount of the provision recognized in the reporting period;
V) the amount of the estimated liability written off to reflect expenses or recognize accounts payable in the reporting period;
G) the amount of an estimated liability written off in the reporting period due to its excess or termination of fulfillment of the conditions for recognition of an estimated liability;
d) increase in the amount of the estimated liability due to an increase in its present value for the reporting period (interest);
e) the nature of the obligation and the expected period of its fulfillment;
and) uncertainties existing regarding the deadline for fulfillment and (or) the amount of the estimated liability;
h) the expected amounts of counterclaims or the amount of claims against third parties for reimbursement of expenses that the organization will incur in fulfilling the obligation, as well as assets recognized for such claims in accordance with.

25. For each contingent liability, the financial statements disclose at least the following information:

A) the nature of the contingent liability;
b) the estimated value or range of estimated values of the contingent liability, if determinable;
V) uncertainties existing regarding the deadline for fulfillment and (or) the amount of the obligation;
G) the possibility of proceeds as a result of counterclaims or claims against third parties to reimburse expenses that the organization will incur in fulfilling the obligation.

If, as of the reporting date, a decrease in the economic benefits of the organization due to a contingent liability is unlikely, the organization may not disclose this information.

26. Information about estimated liabilities and contingent liabilities may be disclosed by their homogeneous groups (for example, estimated liabilities in connection with guarantees issued by the organization, legal proceedings).

If a provision and a contingent liability arose as a result of the same facts of economic life, the relationship between the corresponding provision and the contingent liability must be disclosed.

27. If it is probable that the economic benefits will flow from a contingent asset, the entity shall disclose at the end of the reporting period the nature of the contingent asset and its estimated value or range of estimated values, if determinable.

28. In exceptional cases, when the disclosure of information about estimated liabilities, contingent liabilities and contingent assets to the extent provided for in these Regulations causes or may cause damage to the organization in the course of resolving the consequences of the underlying obligations and facts, the organization may not disclose such information. In this case, the entity must indicate the general nature of the related provision, contingent liability or contingent asset and the reasons why more detailed information is not disclosed.

Annex 1

Examples of analysis of circumstances for the purpose of recognizing an estimated liability in accounting

Example 1.

The organization has an approved program for the repair of fixed assets, which provides, in particular, for the frequency of repairs and planned costs for them. The legislation does not provide for the obligatory nature of such repairs. Information about this organization’s program has been published and is available to a wide range of people.

Example 2.

The legislation provides for mandatory repairs of fixed assets in the industry in which the organization operates. The law provides for fines for the operation of fixed assets without repairs. The organization has an approved program for the repair of fixed assets, which provides, in particular, for the frequency of repairs and planned costs for them. Information about this organization’s program has been published and is available to a wide range of people.

Example 3.

During the reporting period, the legislation on taxes and fees underwent significant changes. The organization's management considers it necessary to retrain the personnel responsible for tax calculations. The organization has an approved retraining program, which provides, in particular, planned expenses for it.

Example 4.

In accordance with the financial plan, in the upcoming reporting year the organization is expected to make a loss in one of its areas of activity. The management of the organization believes that the occurrence of this loss is quite likely.

Example 5.

1000 thousand rubles.(without VAT). The organization estimates that, due to rising prices for raw materials, the cost of producing the products specified in the contract will be 1200 thousand rubles.(without VAT). The contract has not yet begun to be executed. There are no sanctions for its termination.

The contract is not obviously unprofitable, since the organization can terminate it without paying sanctions. The corresponding provision is not recognized under the contract.

Example 6.

The organization entered into an agreement for the supply of products it produces. In accordance with the terms of the contract, the expected revenue is 1500 thousand rubles. (excluding VAT). The organization estimates that due to rising prices for raw materials, the cost of producing the products provided for in the contract will be 2000 thousand rubles.(without VAT). The contract has not yet begun to be executed. The penalty for non-fulfillment of the contract will be 600 thousand rubles.

The contract is obviously unprofitable, since the inevitable costs of its implementation ( 2000 thousand rubles.) exceed the expected revenues for it ( 1500 thousand rubles.), and to exit the contract the organization will have to pay a significant amount ( 600 thousand roubles.). The estimated liability is recognized in the accounting records of the organization in the amount of a possible net loss during the execution of the contract of 500 thousand rubles. ( 2000 thousand rubles. - 1500 thousand rubles.), which is less than the amount of the penalty for non-fulfillment of the contract ( 600 thousand rubles.).

(as amended by order of the Ministry of Finance of Russia dated February 14, 2012 No. 23n)

Example 7.

structural divisions, functions and approximate number of employees who will be paid compensation in connection with the severance of employment relations with them;
expenses necessary for the upcoming restructuring of the organization’s activities;

The organization's management did not announce the existing plan to employees.

Example 8.

The management of the organization approved a detailed plan for the upcoming restructuring of the organization’s activities, providing, in particular:

the activities of the organization affected by the upcoming restructuring and the places where they are carried out;
structural divisions, functions and approximate number of employees of the organization who will be paid compensation in connection with the severance of labor relations with them;
expenses necessary for the upcoming restructuring of the organization’s activities;
timing of the upcoming restructuring of the organization’s activities.

The organization's management has announced the existing plan to employees and is coordinating the plan with the employees' union.

Appendix 2

Examples of determining the amount of an estimated liability

Example 1.

As of the reporting date, the organization is a party to legal proceedings. Based on the expert opinion, the organization assesses that it is more likely than not that the court decision will not be made in its favor; the amount of losses of the organization in this case will be either 1000 thousand rubles., if the court decides to compensate only the direct losses of the plaintiff, or 2000 thousand rubles., if the court decides to compensate, in addition to direct losses, also the plaintiff’s lost profits. Experts estimate the probabilities of the first and second outcomes of the case, respectively, as 95% And 5% .

1000 x 0.95 + 2000 x 0.05 = 1050 (thousand rubles)

1050 thousand rubles.

Example 2.

As of the reporting date, the organization is a party to legal proceedings. Based on the expert opinion, the organization assesses that it is quite likely that the court decision will not be made in its favor, and the amount of losses of the organization will be from 1000 to 4000 thousand rubles.

The organization calculates the amount of the estimated liability:

(1000 + 4000) / 2 = 2500 (thousand rubles)

The estimated period for fulfillment of the estimated liability does not exceed 12 months. The estimated liability for legal proceedings is recognized in accounting in the amount 2500 thousand rubles.

Example 3.

The organization sells goods with a warranty service obligation for one year from the date of sale. For each individual product sold, the likelihood of a decrease in the economic benefits of the organization due to its return as low-quality and not subject to repair or due to the costs of its repair is assessed as low. At the same time, calculations based on the organization’s past experience show that with a high degree of probability approximately 2% goods sold will be returned as defective and beyond repair, and 10% will require additional repair costs. Based on these calculations, the organization estimates the liability for issued warranty obligations arising from the sale of goods with an obligation to provide warranty service, in relation to the entire set of goods.

The organization estimates that additional repair costs will be 30% cost of defective goods. Based on this calculation, a monetary assessment is made of the amount of the estimated liability in connection with the expected costs of warranty service for the goods sold, which in the case under consideration will be:

2% + 10% x 0.3 = 5%

The entity calculates the amount of the provision as at 31 December 20x0. The estimated amount of the liability to be settled 1200 thousand rubles. The maturity date of the liability is 2 years after the reporting date. The discount rate adopted by the organization is 14% .

The present value of the estimated liability is calculated as the product of the amount of the liability to be repaid by the discount factor.

The discount factor is determined by the formula:

CD = 1 / (1 + CD) N, Where:

KD- discount coefficient;

SD- discount rate;

N— discounting period of the estimated liability in years.

The discount factor is:

CD = 1 / (1 + 0.14) 2 = 0.76947

The present value of the estimated liability, as well as the costs of its increase (interest) are by year:

1200.00 thousand rubles. x 0.76947 = 923.36 thousand rubles.

expenses to increase the estimated liability (interest)
present value of the provision

Based on the calculation made in the organization’s accounting records as of December 31, 20x0, the present value of the estimated liability is reflected in the amount 923.36 thousand rubles. As of December 31, 20x1, the organization reflects in its accounting an increase in the amount of the estimated liability by debiting the account for accounting for other income and expenses and crediting the account for accounting for reserves for future expenses in the amount 129.27 thousand rubles, and as of December 31, 20x2 - 147.37 thousand rubles.

In the annual financial statements for 20x0, the estimated liability is reflected in the amount 923 thousand rubles, for 20x1 year - 1053 thousand rubles, for 20x2 - 1200 thousand rubles.

Order of the Ministry of Finance of the Russian Federation of December 13, 2010 N 167n
"On approval of the Regulations on accounting of liabilities and contingent assets" (PBU 8/2010)"

In order to improve legal regulation in the field of accounting and financial reporting and in accordance with the Regulations on the Ministry of Finance of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 30, 2004 N 329 (Collected Legislation of the Russian Federation, 2004, N 31, Art. 3258; N 49, Art. 4908; 2005, N 23, Art. 2270; N 52, Art. 5755; 2006, N 32, Art. 3569; N 47, Art. 4900; 2007, N 23, Art. 2801 ; N 45, Art. 5491; 2008, N 5, Art. 411; N 46, Art. 5337; 2009, N 3, Art. 378; N 6, Art. 738; N 8, Art. 973; N 11, Art. 1312; N 26, Art. 3212; N 31, Art. 3954; 2010, N 5, Art. 531; N 9, Art. 967; N 11, Art. 1224; N 26, Art. 3350; N 38 , Art. 4844), I order:

1. Approve the attached Accounting Regulations “Estimated liabilities, contingent liabilities and contingent assets” (PBU 8/2010).

2. To recognize as invalid:

Order of the Ministry of Finance of the Russian Federation dated November 28, 2001 N 96n "On approval of the Accounting Regulations "Conditional facts of economic activity" PBU 8/01" (order registered with the Ministry of Justice of the Russian Federation on December 28, 2001, registration N 3138; " Rossiyskaya Gazeta", No. 6, January 12, 2002);

paragraph 5 of the appendix to the order of the Ministry of Finance of the Russian Federation dated September 18, 2006 N 116n “On amendments to regulatory legal acts on accounting” (the order was registered with the Ministry of Justice of the Russian Federation on October 24, 2006, registration N 8397; “Rossiyskaya Gazeta” ", N 242, October 27, 2006);

Order of the Ministry of Finance of the Russian Federation dated December 20, 2007 N 144n “On amendments to the Accounting Regulations “Conditional facts of economic activity” PBU 8/01” (order registered with the Ministry of Justice of the Russian Federation on January 21, 2008, registration N 10940 ; "Rossiyskaya Gazeta", N 18, January 30, 2008).

3. Establish that this order comes into force from the 2011 financial statements.

Accounting Regulations
"Provisions, Contingent Liabilities and Contingent Assets"
(PBU 8/2010)
(approved by order of the Ministry of Finance of the Russian Federation dated December 13, 2010 N 167n)

With changes and additions from:

I. General provisions

2. This Regulation does not apply to:

a) contracts under which, as of the reporting date, at least one party to the contract has not fully fulfilled its obligations, with the exception of employment contracts, as well as contracts, the inevitable costs of execution of which exceed the proceeds expected from their execution (hereinafter referred to as obviously unprofitable contracts) . A contract whose execution can be terminated by the organization unilaterally without significant sanctions is not a deliberately unprofitable one;

b) reserve capital, reserves formed from the organization’s retained earnings;

c) valuation reserves;

d) accounted for in accordance with the Accounting Regulations “Accounting for calculations of income tax of organizations” PBU 18/02, approved by Order of the Ministry of Finance of the Russian Federation dated November 19, 2002 N 114n (registered with the Ministry of Justice of the Russian Federation on December 31, 2002 , registration N 4090) as amended by orders of the Ministry of Finance of the Russian Federation dated February 11, 2008 N 23n "On amendments to the order of the Ministry of Finance of the Russian Federation dated November 19, 2002 N 114n" (registered with the Ministry of Justice of the Russian Federation on March 3 2008, registration N 11274), dated October 25, 2010 N 132n “On amendments to regulatory legal acts on accounting” (registered with the Ministry of Justice of the Russian Federation on November 25, 2010, registration N 19048) (hereinafter referred to as the Regulation according to accounting "Accounting for calculations of corporate income tax" PBU 18/02), amounts that affect the amount of corporate income tax payable in the following reporting or subsequent reporting periods.

3. These Regulations may not be applied by organizations that have the right to use simplified accounting methods, including simplified accounting (financial) reporting.

II. Recognition of an estimated liability, reflection of information on a contingent liability and a contingent asset

4. An organization’s obligation with an uncertain amount and (or) deadline (hereinafter referred to as the estimated liability) may arise:

a) from the norms of legislative and other regulatory legal acts, court decisions, contracts;

5. An estimated liability is recognized in accounting if the following conditions are simultaneously met:

b) a decrease in the economic benefits of the organization necessary to fulfill the estimated liability is likely;

c) the amount of the estimated liability can be reasonably estimated.

Examples of analysis of circumstances for the purpose of recognizing an estimated liability in accounting are given in Appendix No. 1 to these Regulations.

Contingent liabilities also include an estimated liability existing at the reporting date that is not recognized in accounting due to failure to fulfill the conditions provided for in subparagraphs “b” and (or) “c” of paragraph 5 of these Regulations.

11. Estimated liabilities are recognized in connection with the upcoming implementation of an action program planned and controlled by the management of the organization, which significantly changes the directions of the organization’s activities, the volume of business operations or the methods of their implementation (hereinafter referred to as the upcoming restructuring of the organization’s activities) subject to the fulfillment of all the conditions established by paragraph 5 of these Regulations , taking into account the specifics established by this paragraph. Obligations for the upcoming restructuring of the organization's activities are existing at the reporting date, subject to the simultaneous observance of the following conditions:

a) the organization has a detailed, duly approved plan for the upcoming restructuring of its activities, which defines, at a minimum:

the activities (or part of the activities) of the organization affected by the upcoming restructuring and the places of its implementation;

structural divisions, functions and approximate number of employees of the organization who will be paid compensation in connection with the termination of employment relations with them;

time of commencement of execution of the plan for the upcoming restructuring of the organization’s activities;

Estimated liabilities for future expenses are recognized only if all the conditions established by paragraph 5 of these Regulations are met.

III. Determining the amount of the estimated liability

17. When determining the amount of the estimated liability, the organization proceeds from the following:

Examples of determining the amount of an estimated liability are given in Appendix No. 2 to these Regulations.

18. When determining the amount of the estimated liability, the following are taken into account:

a) the consequences of events after the reporting date in accordance with the Accounting Regulations “Events after the reporting date” (PBU 7/98), approved by order of the Ministry of Finance of the Russian Federation dated November 25, 1998 N 56n (registered with the Ministry of Justice of the Russian Federation on December 31 1998, registration N 1674) as amended by order of the Ministry of Finance of the Russian Federation dated December 20, 2007 N 143n (registered with the Ministry of Justice of the Russian Federation on January 21, 2008, registration N 10934);

b) risks and uncertainties inherent in this estimated liability;

c) future events that may affect the amount of the provision (if there is a reasonable probability that these events will occur).

19. When determining the amount of the estimated liability, the following are not taken into account:

b) expected proceeds from the sale of fixed assets, intangible assets, products, goods and other assets associated with the recognized estimated liability. Such revenues are reflected in the accounting records of the organization in accordance with the Accounting Regulations “Income of the Organization” PBU 9/99, approved by Order of the Ministry of Finance of the Russian Federation dated May 6, 1999 N 32n (registered with the Ministry of Justice of the Russian Federation on May 31, 1999, registration N 1791) as amended by orders of the Ministry of Finance of the Russian Federation dated March 30, 2001 N 27n “On introducing amendments and additions to regulatory legal acts on accounting” (registered with the Ministry of Justice of the Russian Federation on May 4, 2001, registration N 2693), dated September 18, 2006 N 116n "On amendments to regulatory legal acts on accounting" (registered with the Ministry of Justice of the Russian Federation on October 24, 2006, registration N 8397), dated November 27, 2006 N 156n " On amendments to regulatory legal acts on accounting" (registered with the Ministry of Justice of the Russian Federation on December 28, 2006, registration N 8698), dated October 25, 2010 N 132n "On amendments to regulatory legal acts on accounting" ( registered with the Ministry of Justice of the Russian Federation on November 25, 2010, registration N 19048); dated November 8, 2010 N 144n “On amendments to regulatory legal acts on accounting (registered with the Ministry of Justice of the Russian Federation on December 1, 2010, registration N 19088);

c) expected amounts of counterclaims or amounts of claims against other persons for reimbursement of expenses that the organization is expected to incur in fulfilling this estimated liability.

If the organization has confidence in the receipt of economic benefits from counterclaims or claims to other persons when the organization fulfills the corresponding estimated liability accepted for accounting, such claims are recognized in accounting as an independent asset. The amount of such an asset should not exceed the amount of the corresponding estimated liability. In the organization's balance sheet, the amount of a recognized provision is not reduced by the amount of such an asset.

In the organization's financial results statement, expenses reflected when recognizing estimated liabilities are presented minus income recognized when accounting for expected proceeds from counterclaims and claims against other persons as an asset.

20. If the expected period for fulfillment of an estimated liability exceeds 12 months after the reporting date or a shorter period established by the organization in its accounting policies, such an estimated liability is assessed at a cost determined by discounting its value, calculated in accordance with paragraphs 16 - 19 of these Regulations ( hereinafter - present value).

Discount rate used by the organization:

a) must reflect the conditions existing in the financial market, as well as the risks specific to the obligation underlying the recognized provision;

An example of determining the present value of an estimated liability is given in Appendix No. 2 to these Regulations.