A new Regulation on accounting "Estimated liabilities, contingent liabilities and contingent assets" (PBU 8/2010).

The Ministry of Finance of the Russian Federation approved a new Accounting Regulation "Estimated Liabilities, Contingent Liabilities and Contingent Assets" (PBU 8/2010). It will replace the previously existing Accounting Regulation "Conditional Facts economic activity"PBU 8/01", approved by the Order of the Ministry of Finance of the Russian Federation of November 28, 2001 N 96n.

The 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 organizations), which are legal entities according to the legislation of the Russian Federation.

It has been established that the Regulation, in particular, does not apply to:

• contracts under which, as of reporting date at least one party to the contract has not fully fulfilled its obligations, with the exception of contracts, the inevitable costs of the execution of which exceed the income expected from their execution. A contract is not obviously unprofitable, the execution of which can be terminated by the organization unilaterally without significant sanctions;


• reserve capital, reserves formed from retained earnings organizations;


• estimated reserves.

The document may not be applied by small businesses, with the exception of small businesses - issuers of publicly placed securities.

The order defines the estimated liability. It represents an obligation with an indefinite amount and (or) due date. The Regulation contains rules that establish the circumstances of its occurrence, the procedure for determining the amount of the estimated liability, writing off and changing the amount. Estimated liabilities are recorded in the allowance account upcoming expenses.

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

• the organization has an obligation resulting from past events in its economic life, the fulfillment of which the organization cannot avoid. When an entity has doubts about the existence of such a liability, the entity recognizes a provision if, after considering all the circumstances and conditions, including expert opinion, it is more likely than not that the liability exists;


• a decrease in the economic benefits of the entity that is necessary to satisfy the estimated obligation, probably;


• the amount of the estimated liability can be reasonably estimated.

The document specifies that:

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

At the same time, it was established that contingent liabilities and contingent assets are not recognized in accounting.

The order provides examples of the analysis of circumstances in order to recognize an estimated liability in accounting and determine the amount of the estimated liability.

The new Accounting Regulation "Estimated Liabilities, Contingent Liabilities and Contingent Assets" (PBU 8/2010) comes into force on February 27, 2011.

Action PBU 8/2010

By order of the Ministry of Finance of the Russian Federation of December 13, 2010 N 167n, the Accounting Regulation “Estimated Liabilities, Contingent Liabilities and Contingent Assets” (PBU 8/2010) was approved, establishing the procedure for reflecting estimated liabilities, contingent liabilities and contingent assets in the accounting and reporting of organizations.

This provision must be followed by all Russian legal entities, with the exception of credit institutions.

According to paragraph 3 of PBU 8/2010, it may not be applied by small businesses, with the exception of small businesses - issuers of publicly placed securities.

PBU 8/2010 according to paragraph 2 is not applied in relation:

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 the execution of which exceed the income expected from their execution (hereinafter - obviously unprofitable contracts). A contract is not obviously unprofitable, the execution of which can be terminated by the organization unilaterally without significant sanctions;

Reserve capital, reserves formed from the retained earnings of the organization;
estimated reserves;

Accounted for in accordance with the Accounting Regulation "Accounting for corporate income tax settlements" PBU 18/02, approved.

Order of the Ministry of Finance Russian Federation dated November 19, 2002 N 114n (hereinafter referred to as RAS 18/02), amounts that affect the amount of corporate income tax payable in the next reporting or subsequent reporting periods.

And here we can note some difficulties in the application of PBU 8/2010.

Firstly, it is necessary to analyze the contracts available in the organization in order to establish the fulfillment of obligations under them and determine the list of obviously unprofitable contracts.

From the point of view of an accountant, we can talk about an inventory of obligations, which is carried out in accordance with Guidelines property inventory and financial obligations, approved Order of the Ministry of Finance of Russia dated June 13, 1995 N 49. It should be noted with regret that not all organizations carry out an inventory of obligations in a timely manner.

When conducting an inventory, it will inevitably become clear that it is necessary to write off some debts ( accounts receivable), or a decision will be made to start procedures pre-trial settlement or apply for the protection of their rights to the judiciary.

The procedure for assessing the estimated liability under obviously unprofitable contracts in PBU 8/2010 is not defined. In accordance with paragraph 7 of PBU 1/2008, when developing your accounting policy, you should use IFRS approaches. On this issue, experts refer to IAS 37 "Reserves, contingent liabilities and contingent assets".

Thus, the accountant should make his own professional judgment on this issue.

We recommend developing a standard form in which the professional judgment of an accountant on a particular issue will be fixed. Attach a primary document (or copies of primary documents) to the professional judgment of an accountant drawn up in writing.

The organization may also develop another form of professional judgment, for example, collegial.

The second problem of this standard is the lack of a clear definition of the concept of estimated reserves in normative documents on accounting.

According to paragraph 11 of PBU 10/99, valuation reserves are reserves created in accordance with accounting rules.

On the one hand, the list of these reserves is non-exhaustive, but on the other hand, these reserves can only be created in accordance with accounting rules.

These can now be recognized as reserves:

Under the reduction in the cost of inventories (PBU 5/01);

Impaired financial investments(PBU 19/02);

For doubtful debts (clause 70 of the PVBU).

In addition, according to paragraph 11 of PBU 10/99, reserves created in connection with the recognition of contingent facts of economic activity must be included in the estimated reserves.

At the same time, according to paragraph 3 of the currently inactive PBU 8/01, a conditional fact of economic activity is a fact of economic activity taking place as of the reporting date, with respect to the consequences of which and the likelihood of their occurrence in the future, there is uncertainty, i.e. the occurrence of consequences depends on whether one or more uncertain events occur or not occur in the future.

A new definition of "conditional facts" has not yet been given, and probably will not be given.

Specialists believe that estimated liabilities are recognized as estimated values ​​in accordance with paragraph 2 of PBU 21/2008, based on the general definition of estimated values, and PBU 8/2010 is not applied to estimated reserves in accordance with paragraph 2 of PBU 8/2010.

According to other experts, the creation of estimated reserves from 01/01/2009 is considered as a change in estimated values ​​in accordance with clauses 2, 3 of the Accounting Regulation "Changes in estimated values" (PBU 21/2008) (Appendix No. 2 to the Order of the Ministry of Finance of Russia dated 06.10.2008 N 106n) (hereinafter - PBU 21/2008).

Thus, a number of specialists extend the effect of PBU 8/2010 to estimated reserves.

Logical reasoning leads to both conclusions, which, in our opinion, indicates the imperfection of the existing PBU. In our opinion, official clarifications from the Russian Ministry of Finance are needed.

We were faced with a situation where it was necessary to find out whether RAS 8/2010 is applied when forming a “reserve” for vacation pay.

There is currently no legal act regulating the creation of a reserve for vacation pay in accounting.

In our opinion, the concept of "expenses for the payment of vacation pay and remuneration to employees at the end of the year" fits the definition of an estimated liability.

Based on the explanations of I.R. Sukharev (Minfin of Russia) on p. 32 in the Glavnaya Kniga magazine, 2011, N 7: “In connection with the release of PBU 8/2010 on estimated liabilities and amendments to Order N 34n, organizations no longer have the right to choose whether to create one or another reserve. They are either obliged to create a specific reserve, or, conversely, they are not entitled to create it. Vacation pay liabilities are, of course, estimated liabilities. After all, the right to paid leave arises as the employee works for the organization. This means that the organization can calculate what obligations it has to pay vacation pay as of the reporting date.

Indeed, according to paragraph 5 of PBU 8/2010, the concept of "obligation to pay vacations" fits into a special case of an estimated obligation. All three conditions are met at the same time:

The obligation resulting from the past events of her economic life exists, since vacations are granted after a certain length of service has been worked out in accordance with the current labor legislation,

This clearly reduces the economic benefits of the organization,

And the value of the obligation to pay vacation pay can be reasonably estimated by calculating the average earnings of the employee.

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

The organization has an obligation that was the result of past events in its economic life, the fulfillment of which the organization cannot avoid. When an entity has doubts about the existence of such a liability, the entity recognizes a provision if, after considering all the circumstances and conditions, including expert opinion, it is more likely than not that the liability exists;

The decrease in the economic benefits of the entity that is necessary to satisfy the provision is probable;

The amount of the provision can be reasonably estimated.”

On the other hand, employment contracts are contracts under which, as of the reporting date, both parties to the contract have not fully fulfilled their obligations.

It should also be noted that, according to paragraph 4 of PBU 8/2010, an estimated liability is an obligation of an organization with an uncertain amount and (or) due date.

Article 123 Labor Code of the Russian Federation (hereinafter - the Labor Code of the Russian Federation), the order of granting paid holidays is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before calendar year in the manner prescribed by Article 372 of the Labor Code of the Russian Federation for the adoption of local regulations.

The vacation schedule is mandatory for both the employer and the employee. Thus, the deadline for fulfilling the obligation to pay vacations is clearly defined.

The widespread opinion that the amount of the obligation is uncertain because the amount average daily earnings employee is subject to change, can only be recognized conditionally. In view of the fact that in this case the payment itself wages has signs of an estimated liability and, by and large, a reserve should also be formed for the amount of this liability.

On the other hand, since the reserve is created not for each employee, but for the whole organization, we do not know exactly the amount of funds related to the payment of vacation pay that will be required. It is also impossible to say for sure at what time certain funds will be required. Some of the employees will quit within a year, someone will come by transfer with the saved experience for vacation.

However, we believe that annual holiday pay and employee benefits expenses should be regarded as estimated liabilities.

Now, in support of this opinion, one can refer not only to the analogy of the law or the private opinion of specialists, but also to the official Letter of the Ministry of Finance of Russia dated June 14, 2011 N 07-02-06 / 107.

When forming a “reserve” for the payment of average wages when granting annual paid leave, the following entries must be made:

Dt 20 (23, 25, 26, 28, 29, 44, 91-2) - Kt 96 - an estimated liability in the amount of planned vacation payments was recognized. The moment of occurrence is expedient, at the end of the year

Dt (23, 25, 26, 28, 29, 44, 91-2) - Kt 96 - the value of the estimated liability has been increased if necessary.

Kt 20 (08, 23, 25, 26, 28, 29, 44, 91-2) - Dt 96 - an estimated liability was written off in the amount of paid retained average earnings and monetary compensation behind unused vacation upon dismissal.

Dt 96 Kt 91-1 - the unused amount of the estimated liability was written off at the end of the year.

Please note that in the IFRS system there is a special standard IFRS 19 “Employee Benefits” and IFRS 37 is not fully applied to reserves (liabilities) related to employee benefits for work.

On February 3, 2011, the Russian Ministry of Justice registered Order No. 167n of the Russian Ministry of Finance dated December 13, 2010, which approved the Regulation on Accounting for Estimated Liabilities, Contingent Liabilities and Contingent Assets (PBU 8/2010).
At the same time, the Regulation on Accounting "Conditional Facts of Economic Activity" (PBU 8/01), approved at the time by Order of the Ministry of Finance of Russia dated November 28, 2001 N 96n, was recognized as invalid.
Adoption new version PBU is caused by the need:
- convergence of Russian (RAS) with international system financial reporting(IFRS) (namely IAS 37 Provisions, Contingent Liabilities and Contingent Assets);
- systematization of the conceptual apparatus;
- increasing the transparency of reporting;
- elimination of inconsistencies between various regulatory legal acts of RAS, reporting forms and annexes to them.
New accounting standard applied beginning with financial statements 2011.

From contingent facts to estimated liabilities

As already noted, PBU 8/2010 replaced PBU 8/01. And at one time it replaced PBU 8/98, adopted at the dawn of the restructuring of Russian accounting. As then, the developers of the standard went on the path of transition from strict regulation of rules to multivariate accounting and its orientation to internationally recognized accounting practices. So, say, PBU 8/01 (p. 15) contained the concepts of "discounting" (it was applied to the amount of the reserve) and "discounting factor", which was prescribed to be calculated according to a certain formula.
The new RAS 8/2010 does not contain rigid calculation formulas. Only General terms occurrence and recognition in accounting, the conditions for the recognition of estimated liabilities are established and it is indicated how their value should be determined from the ranges of values. Such an approach should direct the organization to the choice of rules appropriate to the conditions of its activities, and the need to take into account possible consequences their applications.

General provisions

According to general provisions PBU 8/2010 establishes the rules for accounting and disclosure of information in reporting for all estimated liabilities, contingent liabilities and contingent assets, except for those that are formed according to the rules determined by other PBU and legislative acts.
As stated in paragraph 2 of PBU 8/2010, it not applicable in a relationship:
- contracts under which, as of the reporting date, at least one party to the contract has not fully fulfilled its obligations. The exception is obviously unprofitable contracts (these do not include contracts, the execution of which can be terminated by the organization unilaterally without significant sanctions);
- reserve capital, reserves formed from the undistributed profit of the organization;
- estimated reserves;
- amounts accounted for in accordance with PBU 18/02 that affect the amount of corporate income tax payable in the next reporting period or in subsequent reporting periods (deferred tax assets and deferred tax liabilities).
The established accounting rules do not apply to credit institutions. These rules may not be applied by small businesses (clause 3 PBU 8/2010).

Rules for recognition of estimated liabilities

Paragraph 4 of PBU 8/2010 distinguishes among other obligations (for example, accounts payable) Estimated obligations, which are characterized by the uncertainty of the period of performance and the amount of costs necessary to settle the obligation.
Estimated liability may occur:
- from the norms of legislation, court decisions, contracts;
- from past events or statements by the organization indicating to others that it is accepting certain responsibilities. As a consequence, such persons have a reasonable expectation that the organization will fulfill such responsibilities.
An organization recognizes an estimated liability in accounting while meeting certain conditions. First, there must be an obligation arising from past business events that the entity cannot avoid. PBU 8/2010 suggests a certain degree of caution when deciding whether to recognize an estimated liability. When there is doubt about the existence of such a liability, an entity recognizes a provision based on expert opinion and objective evidence that the liability exists. Secondly, it must be probable that the fulfillment of the estimated obligation will cause a decrease in the economic benefits of the organization. Finally, thirdly, the entity is able to reasonably estimate the amount of the estimated liability.

Example 1 . In January 2011, the organization entered into a guarantee agreement. Under the terms of the agreement, it is jointly and severally liable with its subsidiary, which is the borrower under loan agreement with a bank. Loan amount - 1,000,000 rubles. The term of the contract is 24 months. As of December 31, 2011 due to lack of orders the subsidiary was liquidated. By this time, she was able to repay only 25% of her obligations under the loan agreement. In order to simplify the example, the accrual of commissions and interest to the bank is not considered.
In this case, as of the reporting date of December 31, 2011, the organization has obligations that arose as a result of past events in its activities, the fulfillment of which it cannot avoid (a guarantee agreement has been concluded). The organization will clearly have reduced economic benefits as a result of fulfilling the obligation under the surety agreement. Estimated obligations for the forthcoming performance of the suretyship agreement can be fairly reasonably estimated (roughly speaking, the amount may be 750,000 rubles (1,000,000 rubles x 75%)).

The developers of the new standard in Appendix No. 1 to PBU 8/2010 provided other examples of circumstances analysis in order to recognize estimated liabilities in accounting.
For example, if the organization can terminate the contract concluded (without the condition of paying penalties for breach of obligations) before the start of its execution, then the estimated obligation under such an agreement is not recognized.
It is not enough to give rise to a provision and the mere intention to incur expenses in the future. For example, an organization plans the expenses necessary to carry out an upcoming restructuring of the organization's activities. In this case, there is no need to recognize a provision because the entity does not have an obligation arising from the past events of its activities that it cannot avoid.
When recognizing a provision, great importance is attached to expected future events. Clause 6 of PBU 8/2010 clarifies that the conditions for recognizing an estimated liability in respect of a past event that were not met at one reporting date may be met as of subsequent reporting dates. This happens if the organization cannot avoid the settlements associated with such an event due to changes in the legislation, and (or) its own actions, and (or) the actions of other persons.
Estimated liabilities need to be analyzed and the likelihood of a decrease in economic benefits needs to be assessed at each reporting date and for each liability individually. This is to reflect the best current estimate. The exception is cases where, as at the reporting date, there are several similar liabilities that the entity measures collectively. At the same time, a decrease in economic benefits for each obligation may be unlikely, and for the entire set of obligations - quite probable.
According to paragraph 8 of PBU 8/2010, estimated liabilities are reflected in the account of reserves for future expenses. According to the Chart of Accounts, this is account 96 "Reserves for future expenses". The amount of the estimated liability (depending on its nature) is expensed ordinary species activities (accounts 20, 26, 29, etc.) or other expenses (account 91) or is included in the value of the asset (accounts 10, 01, 04, etc.).

End of example 1 . As of December 31, 2011, the organization recorded the occurrence of an estimated liability in the accounting records as follows:
Debit 91, sub-account "Other expenses", Credit 96
- 750,000 rubles. - reflects the recognition of an estimated reserve for the forthcoming fulfillment of the surety agreement.
In 2012, as the loan debt to the bank is repaid, the organization will make an entry in the accounting:
Debit 96 Credit 51
- 750,000 rubles. - decommissioned cash in repayment of loan debt.

An organization may have a joint and several obligation with other persons. In this case, an estimated liability is recognized to the extent that it is probable that the entity's economic benefits will be reduced. But at the same time, conditions must be met on the obligation arising from past events, on the likelihood of a decrease in economic benefits and the validity of the assessment.
The part of a joint liability with other persons, in respect of which it is not probable that the economic benefits of the entity will decrease, refers to contingent liabilities.

Contingent Liabilities and Contingent Assets

Contingent liability- is a consequence of past events of economic life, which in the future may lead to a liability for the entity at the reporting date and which depends on the occurrence (non-occurrence) of one or more future uncertain events beyond the control of the entity.

Example 2 . Let us partially reformulate the conditions of example 1. Suppose that as of December 31, 2011, the financial position of the subsidiary has deteriorated, but it continues to operate. Estimated independent experts, there is a high probability that it will be able to repay its obligations under the loan agreement by no more than 50%.
In this case, as of the reporting date of December 31, 2011, the organization has a contingent liability that arose as a result of past events of its activities, the execution of which it cannot avoid (the surety agreement must be fulfilled). A decrease in economic benefits as a result of the fulfillment of an obligation under a suretyship agreement is quite likely. Estimated liabilities for the forthcoming performance of the surety agreement can be fairly reasonably estimated (the amount may be 500,000 rubles (1,000,000 rubles x 50%)).

Contingent asset is a possible asset that arises from past events and whose existence will be confirmed by the occurrence or non-occurrence of one or more future uncertain events beyond the control of the entity.

Example 3 . In the reporting period, the organization filed a lawsuit against the debtor, who must return part of the goods to the organization and pay a penalty according to the contract. The organization appreciates the likelihood that the court will rule in its favor. In this case, the past event is a previously concluded contract. The organization cannot control the decision of the court. Possible return goods is a conditional asset of the organization.

Unlike estimated liabilities, contingent liabilities and contingent assets are not recognized in accounting. Information about contingent liabilities and contingent assets must be disclosed by the organization in the financial statements.
Having established such an order, the developers eliminated the contradiction that took place earlier in PBU 8/01. Recall that according to paragraphs 6 and 7 of this document, contingent assets and contingent liabilities should have been reflected in the balance sheet in different ways. It was pointed out that contingent assets in the accounts in accounting should not be reflected. As for contingent liabilities, they should be divided into two groups. For those obligations that existed at the reporting date, organizations had to create a reserve in accounting. And with regard to possible liabilities, information should have been disclosed in explanatory note. As experts noted, there was a conflict in which, in Russian accounting, any element could be recognized in the reporting, but at the same time it had to be reflected outside it. This was contrary to logic, IFRS, the principles of truthful and transparent reflection of information in financial statements.

Now this inconsistency has been eliminated, and the wording in RAS 8/2010 began to comply with the interpretations of IFRS.
Also, in order to bring the new standard in line with IFRS clause 11 PBU 8/2010, organizations are required to analyze estimated liabilities associated with the restructuring of their activities.

Estimated liabilities during restructuring

Restructuring- this is the forthcoming implementation of a program of actions planned and controlled by the management of the organization, significantly changing the direction of the organization's activities, the volume of business operations or the way they are carried out. Provisions for future restructuring are recognized if they meet the recognition criteria described earlier. In other words, it must be recognized that the entity has a present obligation related to a past event, that its fulfillment is very likely to require a reduction in economic benefits, and the liability is adequately assessed.
The need to analyze estimated restructuring liabilities at the reporting date arises when two conditions are met simultaneously:
- the organization has a detailed and approved restructuring plan;
- the organization provided information on the main directions of restructuring to persons whose rights are affected by it.
The plan must contain, at a minimum, information on:
- about the reorganized line of business or its parts, whether they will be terminated or moved to other places of implementation;
- about the structural units, functions and approximate number of employees of the organization who will be affected by the restructuring, about those who will be paid compensation in connection with the termination of employment;
- on expected expenses (unlike PBU 8/2010, which does not disclose the concept of expenses in this case, IAS 37 clarifies that when recognizing an estimated liability in created reserve only direct costs associated with restructuring are included, and marketing costs, investments in new management systems, etc. are not included);
- on the timing of the start and execution of the plan for the upcoming restructuring.

Example 4 . The organization carries out the delivery of goods by road, including refrigerated transportation of perishable goods under the contract. Due to the low profitability of refrigerated transport, the management decides to sell special trucks with built-in refrigerating chambers, but to continue these special transports, but already under an agreement with the new owner of refrigerated trucks.
If the decision is made before the balance sheet date, it does not give rise to a restructuring obligation. If before the reporting date the management began to fulfill the planned (found a buyer and entered into sales contracts), then an estimated liability arises.

As before, the new RAS 8/2010 does not allow the creation of reserves in accounting (to recognize estimated liabilities) for future possible losses. Moreover, this rule applies both to losses from the activities of the organization as a whole, and to losses from certain types or regions of its activity, subdivisions, types of products (works, services) and other factors.

Determining the amount of estimated liabilities

Paragraph 17 PBU 8/2010 when determining the amount of the estimated liability Organizations are encouraged to follow one of two paths:
- when choosing from a set of values, a weighted average should be taken. It is calculated as the average of the products of each value and its probability;
- choosing from an interval of values ​​(provided that the probability of each value in the interval is different), the arithmetic mean of the largest and smallest values ​​of the interval should be taken.
According to the text of clause 17 of PBU 8/2010, it should contain Appendix No. 2, in which organizations can see examples of determining an estimated liability. But in the promulgated version of the Order (including on the official website of the Ministry), such an Appendix is ​​not provided.
This Appendix contained a draft order. Let us illustrate the determination of the amount of estimated liabilities, focusing on examples from the project.

Example 5 The organization is a defendant in a lawsuit. According to the conclusion of legal experts, the organization believes that the court will make a decision, most likely, not in its favor. If the court decides to compensate the organization for the plaintiff's direct losses, then the amount of the organization's losses will be 100,000 rubles. If the court decides on compensation, in addition to direct losses, also lost material gain plaintiff, then total amount losses will amount to 150,000 rubles.
The probabilities of the first and second outcomes of the case are estimated by experts as 85 and 15%, respectively. IN this case the organization chooses from a set of values.
Despite the fact that the most likely outcome of the litigation is only compensation for the plaintiff's direct losses, the organization takes into account another likely outcome of the case - compensation for lost profits.
The amount of the estimated liability will be 107,500 rubles. (100,000 rubles x 0.85 + 150,000 rubles x 0.15).

Now let's consider an example when the arithmetic mean of the largest and smallest values ​​of the interval is taken as the estimated obligation.

Example 6 . The organization is a party to the litigation. According to the conclusion of legal experts, the organization assesses the risk that the court will decide not in its favor quite high. The amount of losses can range from 200,000 to 400,000 rubles. The value of the estimated liability is calculated as the arithmetic average of the largest and smallest values ​​of the interval and is 300,000 rubles. ((200,000 rubles + 400,000 rubles): 2). The estimated period for fulfilling the estimated obligation does not exceed 12 months. An estimated liability for litigation is recognized in accounting in the amount of 300,000 rubles.

When determining the amount of the estimated liability, the organization takes into account:
- consequences of events after the reporting date in accordance with PBU 7/98 (approved by Order of the Ministry of Finance of Russia dated November 25, 1998 N 56n);
- the risks and uncertainties inherent in this provision;
- future events that may affect the amount of the provision (if there is a reasonable probability that these events will occur).
These conditions are specified in clause 18 of PBU 8/2010.
At the same time, when determining the value of the estimated liability, the amounts of reduction or increase in corporate income tax, which are reflected in accounting and reporting in accordance with PBU 18/02, are not taken into account. Expected proceeds from the sale of property, plant and equipment are not taken into account. intangible assets, products, goods and other assets associated with the recognized estimated liability. Such receipts are reflected in accordance with PBU 9/99 (approved by Order of the Ministry of Finance of Russia dated 06.05.1999 N 32n). The expected amounts of counterclaims or the amounts of claims against other persons in reimbursement of the expected costs that the entity will incur in fulfilling this provision are not taken into account.

MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION

ORDER
dated 13.12.10 N 167n

ON THE APPROVAL OF THE REGULATION

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, item 4908; 2005, N 23, item 2270; N 52, item 5755; 2006, N 32, item 3569; N 47, item 4900; 2007, N 23, item 2801 ; N 45, item 5491; 2008, N 5, item 411; N 46, item 5337; 2009, N 3, item 378; N 6, item 738; N 8, item 973; N 11, 1312; N 26, item 3212; N 31, item 3954; 2010, N 5, item 531; N 9, item 967; N 11, item 1224; N 26, item 3350; N 38 , item 4844), I order:

1. Approve the attached Accounting Regulation "Estimated Liabilities, Contingent Liabilities and Contingent Assets" (PBU 8/2010).

2. Recognize as invalid:

Order of the Ministry of Finance of the Russian Federation dated "On Approval of the Regulations on Accounting" Conditional Facts of Economic Activity "PBU 8/01" (The Order was registered with the Ministry of Justice of the Russian Federation on December 28, 2001, registration N 3138; " Russian newspaper", N 6, January 12, 2002);

clause 5 of the appendix to the Order of the Ministry of Finance of the Russian Federation of September 18, 2006 N 116n "On Amendments to the Regulations 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 of December 20, 2007 N 144n "On Amendments to the Regulation on Accounting" Conditional Facts of Economic Activity "PBU 8/01" (The Order was 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 financial statements of 2011.

Deputy
Prime Minister
Russian Federation -
Minister of Finance
Russian Federation
A.L. KUDRIN

Approved
Order of the Ministry of Finance
Russian Federation
dated December 13, 2010 N 167n

POSITION
ON ACCOUNTING "ESTIMATED LIABILITIES, CONTINGENCIES
(PBU 8/2010)

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 (except for 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 employment contracts, as well as contracts, the inevitable costs of the execution of which exceed the income expected from their execution (hereinafter - obviously unprofitable contracts). A contract is not obviously unprofitable, the execution of which can be terminated by the organization unilaterally without significant sanctions;
(as amended by the Order of the Ministry of Finance of Russia dated February 14, 2012 N 23n)

b) reserve capital, reserves formed from the undistributed profit of the organization;

c) estimated reserves;

d) accounted for in accordance with the Accounting Regulation "Accounting for corporate income tax settlements" PBU 18/02, approved by Order of the Ministry of Finance of the Russian Federation of 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 of February 11, 2008 N 23n "On Amendments to the Order of the Ministry of Finance of the Russian Federation of 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 on corporate income tax" RAS 18/02), amounts that affect the amount of corporate income tax payable in the next reporting or subsequent reporting periods.

3. This Regulation may not be applied by organizations that are entitled to apply simplified methods of accounting, including simplified accounting (financial) statements.
(As amended by the Orders of the Ministry of Finance of Russia dated April 27, 2012 N 55n, dated April 6, 2015 N 57n)

II. Recognition of an estimated liability, reflection
information about the contingent liability and contingent asset

4. An obligation of an organization with an uncertain amount and (or) due date (hereinafter referred to as an estimated obligation) may arise:

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

b) actions by the entity that, as a result of past practice or statements by the entity, indicate to others that the entity is assuming certain responsibilities and, as a result, those individuals have a reasonable expectation that the entity will fulfill those responsibilities.

5. 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. When an entity has doubts about the existence of such a liability, the entity recognizes a provision if, after considering all the circumstances and conditions, including expert opinion, it is more likely than not that the liability exists;

b) the decrease in the economic benefits of the organization, necessary for the fulfillment of the estimated obligation, probably;

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

6. The conditions for recognizing an estimated liability in respect of a past event in the economic life of an organization that were not fulfilled 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 has no way to avoid the settlements associated with such an event.

7. A decrease in the entity's economic benefits necessary to discharge an obligation is deemed probable if it is more likely than not that such a decrease will occur. The likelihood of diminishing economic benefits is assessed on a liability-by-liability basis, unless, as at the reporting date, there are multiple liabilities that are similar in nature and the uncertainty they generate, and which the entity assesses collectively. At the same time, 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 the analysis of circumstances for the purpose of recognizing an estimated liability in accounting are given in Appendix No. 1 to this Regulation.

8. Estimated liabilities are reflected in the account of reserves for future expenses. When an estimated liability is recognized, depending on its nature, the amount of the estimated liability is charged to expenses for ordinary activities or other expenses, or 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 organization's existence of a liability 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 as of the reporting date, not recognized in accounting due to non-fulfillment of the conditions provided for in subparagraphs "b" and (or) "c" of paragraph 5 of these Regulations.

10. If the organization has a joint liability with other persons, the estimated liability is recognized in the part in which there is a possibility of reducing the economic benefits of the organization, subject to the conditions provided for in paragraph 5 of these Regulations. The part of a joint liability with other persons, in respect of which it is not probable that the economic benefits of the entity will decrease, refers to contingent liabilities.

11. Estimated liabilities are recognized in connection with the forthcoming implementation of an action program planned and controlled by the management of the organization, significantly changing the direction of the organization's activities, the volume of business operations or the methods of their implementation (hereinafter - the upcoming restructuring of the organization's activities) when all conditions are met, established by paragraph 5 of this Regulation, taking into account the specifics established by this paragraph. Obligations for the forthcoming restructuring of the organization's activities are existing at the reporting date, while meeting the following conditions:

a) the organization has a detailed, duly approved plan for the forthcoming restructuring of its activities, defining, as a minimum:

the activity (or part of the activity) of the organization affected by the forthcoming restructuring and the place of its implementation;

structural units, functions and approximate number of employees of the organization who will be compensated in connection with the termination of labor relations with them;

the time of the beginning of the execution of the plan for the upcoming restructuring of the organization's activities;

b) the organization, by 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 respect of 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 from other factors are not recognized in accounting.

Estimated liabilities in respect of forthcoming expenses are recognized only when all the conditions established by paragraph 5 of these Regulations are met.

13. A contingent asset arises for an organization as a result of past events in its economic life, when the existence of an asset for an 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 on contingent liabilities and contingent assets is disclosed in the 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 the amount that reflects the most reliable monetary estimate of the costs required for settlements under this liability. The most reliable estimate of expenses is the amount required directly for the fulfillment (repayment) of the obligation as of the reporting date or for the transfer of 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 available facts of the economic life of the organization, experience in the performance of similar obligations, as well as, if necessary, the opinions of experts. The Organization shall provide documentary evidence of the reasonableness of such an assessment.

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

a) if the value of the estimated liability is determined by choosing 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 value of the estimated liability is determined by choosing 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 value of the estimated liability are given in Appendix No. 2 to this Regulation.

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 Regulation "Events after the reporting date" (PBU 7/98), approved by Order of the Ministry of Finance of the Russian Federation of 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 of December 20, 2007 N 143n (registered with the Ministry of Justice of the Russian Federation on January 21, 2008, registration N 10934);

b) the risks and uncertainties inherent in this provision;

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

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

a) the amount of a decrease or increase in corporate income tax, which is reflected in accounting and reporting in accordance with the Accounting Regulation "Accounting for corporate income tax settlements" RAS 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 accounting of the organization in accordance with the Accounting Regulation "Income of the organization" PBU 9/99, approved by Order of the Ministry of Finance of the Russian Federation of 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 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 Regulations 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 Regulations 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) the expected amounts of counterclaims or claims against other persons for reimbursement of expenses that the entity is expected to incur in fulfilling this provision.

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

In the report on financial results organizations, expenses recognized upon recognition of estimated liabilities are presented net of income recognized upon acceptance for accounting as an asset of expected proceeds from counterclaims and claims against other persons.
(as amended by the Order of the Ministry of Finance of Russia of 04/06/2015 N 57n)

20. If the estimated period for fulfilling the estimated obligation exceeds 12 months after the reporting date or a shorter period, established by the organization V accounting policy, such an estimated liability is valued at a cost determined by discounting its value, calculated in accordance with paragraphs 16-19 of these Regulations (hereinafter referred to as the present value).

The discount rate applied by the organization:

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

b) should not reflect the amount of reduction or increase in corporate income tax, which are reflected in accounting and reporting in accordance with the Accounting Regulation "Accounting for corporate income tax settlements" PBU 18/02, as well as the risks and uncertainties that were taken into account when calculating future cash payments caused by the estimated obligation, in accordance with paragraphs 16 - 19 of these Regulations.

An increase in the estimated liability due to an increase in its present value on subsequent reporting dates as the due date approaches (interest) is recognized as other expenses 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 value of the estimated liability

21. During the reporting year, in the event of actual settlements on 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 account of the reserve for future expenses.

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

In case of insufficiency of the amount of the recognized estimated liability, the expenses of the organization for the repayment of the obligation are reflected in the accounting records of the organization in general order.

22. If the amount of the recognized estimated liability is redundant or if the conditions for recognizing the estimated liability established by paragraph 5 of these Regulations cease to be met, the unused amount of the estimated liability shall be written off with attribution to other income of the organization, unless otherwise established by this paragraph.

When repaying homogeneous estimated liabilities arising from recurring business transactions ordinary activities organizations, previously recognized excess amounts are attributed to the next estimated liabilities of the same kind immediately upon their recognition (without writing off previously recognized excess amounts to other income of the organization).

23. The validity of the 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.

According to the results of such a check, the amount of the estimated liability may be:

a) increased in accordance with the procedure established for the recognition of an estimated liability in paragraph 8 of this Regulation (without inclusion in the value of the asset), upon receipt additional information, allowing to clarify the value of the estimated liability;

b) reduced in accordance with the procedure established for writing off the estimated liability in paragraph 22 of these Regulations, upon receipt of additional information that makes it possible to clarify the amount of the estimated liability;

c) remain unchanged;

d) written off in full in accordance with the procedure established by paragraph 22 of these Regulations, upon receipt of additional information that allows us to conclude that the conditions for recognizing an estimated liability established by paragraph 5 of these Regulations have been terminated.

V. Disclosure of information in financial statements

24. For each estimated liability recognized in accounting, in the financial statements, the organization discloses, in case of materiality, at least the following information:

a) the amount at which the estimated liability is reflected in the balance sheet of the organization 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 the costs or recognition of accounts payable in the reporting period;

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

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

f) the nature of the obligation and the expected date of its performance;

g) uncertainties existing in relation to the term of performance and (or) the amount of the estimated obligation;

h) the expected amount of counterclaims or the amount of claims against third parties in reimbursement of expenses that the organization will incur in fulfilling the obligation, as well as assets recognized for such claims in accordance with paragraph 19 of this Regulation.

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 they can be determined;

c) uncertainties existing in relation to the term of performance and (or) the amount of the obligation;

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

If, as of the reporting date, it is unlikely that the entity's economic benefits will decrease as a result of the contingent liability, the entity may choose not to disclose this information.

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

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

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

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

Appendix No. 1


liabilities and contingent assets"

Ministry of Finance
Russian Federation
dated December 13, 2010 N 167n

EXAMPLES
ANALYSIS OF THE CIRCUMSTANCES FOR THE PURPOSE OF RECOGNITION IN THE ACCOUNTING
ACCOUNTING FOR A PROVISIONAL LIABILITY

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

No liability arises for future repairs to property, plant and equipment because the entity does not have an obligation arising from past events in its operations that 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. For the operation of fixed assets without repairs, the legislation provides for fines. The organization has an approved program for the repair of fixed assets, providing, in particular, the frequency of repairs and planned costs for them. Information about this program of the organization is published and available to a wide range of people.

No liability arises for future repairs to property, plant and equipment because the entity does not have an obligation arising from past events in its operations that it cannot avoid. The estimated liability for future expenses for the repair of fixed assets of the organization is not accepted for accounting. However, an entity recognizes a provision for outstanding penalties for non-repairs if all the conditions for recognizing a provision for such penalties are met.

Example 3 During the reporting period, the legislation on taxes and fees has undergone significant changes. The management of the organization considers it necessary to retrain the personnel responsible for the calculation of taxes. The organization has an approved program of retraining, which includes, in particular, the planned costs for it.

There is no obligation for future retraining of personnel because the organization does not have an obligation that has arisen as a result of the past events of its activities, the performance of which it cannot avoid. The estimated liability for the forthcoming retraining of personnel is not recognized in accounting.

Example 4 In accordance with the financial plan in the future reporting year the organization is expected to make a loss in one of the lines of business. The organization's management believes that the occurrence of this loss is quite probable.

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

Example 5 The organization entered into a contract for the supply of its products. In accordance with the terms of the contract, the expected revenue is 1,000 thousand rubles. (without VAT). The Organization estimates that, due to rising raw material prices, production costs stipulated by the agreement products will amount to 1200 thousand rubles. (without VAT). The contract has not yet begun execution. Sanctions for its termination are not provided.

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

Example 6 The organization entered into a contract for the supply of its products. In accordance with the terms of the contract, the expected revenue is 1,500 thousand rubles. (without VAT). The organization estimates that due to the increase in prices for raw materials, the cost of production of the products provided for by the contract will amount to 2,000 thousand rubles. (without VAT). The contract has not yet begun execution. The penalty for non-performance of the contract will be 600 thousand rubles.

The contract is obviously unprofitable, since the inevitable costs of its implementation (2,000 thousand rubles) exceed the expected income from it (1,500 thousand rubles), and to withdraw from the contract, the organization will have to pay a significant amount (600 thousand rubles). The estimated liability is recognized in the accounting of the organization in the amount of a possible net loss in the performance of the contract of 500 thousand rubles. (2000 thousand rubles - 1500 thousand rubles), which is less than the amount of the penalty for non-performance of the contract (600 thousand rubles).
(as amended by the Order of the Ministry of Finance of Russia dated February 14, 2012 N 23n)

Example 7

structural subdivisions, functions and approximate number of employees who will be compensated in connection with the termination of labor relations with them;

expenses necessary for the forthcoming restructuring of the organization's activities;

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

No obligation arises with regard to the future restructuring of the entity's operations because the entity does not have an obligation arising from the past events of its operations that it cannot avoid. An estimated liability for the forthcoming restructuring of the organization's activities is not recognized.

Example 8 The management of the organization approved detailed plan the forthcoming restructuring of the organization's activities, providing, in particular:

the activities of the organization affected by the forthcoming restructuring and the place of its implementation;

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

expenses necessary for the forthcoming restructuring of the organization's activities;

terms of implementation of the forthcoming restructuring of the organization's activities.

The management of the organization announced the existing plan to the employees and coordinates the plan with the workers' union.

Obligations for future business restructuring 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 No. 2
to the Accounting Regulations
"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 DETERMINING THE VALUE OF A PROVISIONAL LIABILITY

Example 1 As of the reporting date, the organization is a party to the litigation. Based on expert judgment, the organization assesses whether it is more likely than not that judgment will be taken against her; the amount of losses of the organization in this case will be either 1,000 thousand rubles, if the court decides to compensate only the direct losses of the plaintiff, or 2,000 thousand rubles, if the court decides to compensate, in addition to direct losses, also lost profits of the plaintiff. 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 litigation is only compensation for the plaintiff's direct losses, the organization 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 fulfilling the estimated obligation does not exceed 12 months. An estimated liability for litigation 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 the litigation. Based on the expert opinion, the organization estimates that it is quite likely that the court decision will not be in its favor, and the amount of the organization's losses will be 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 fulfilling the estimated obligation does not exceed 12 months. An estimated liability for litigation is recognized in accounting in the amount of 2,500 thousand rubles.

Example 3 The organization sells goods with the obligation of their warranty service within one year from the date of sale. For each individual item sold, the likelihood that the entity's economic benefits will be reduced by returning it as defective and beyond repair, or by the cost of repairing it, is assessed as low. At the same time, calculations based on the organization's past experience show that it is highly likely that approximately 2 percent of goods sold will be returned as defective and unrepairable, and another 10 percent will require additional repair costs. Based on these calculations, the entity estimates the liability for issued warranty obligations arising from the sale of goods with the obligation of their warranty service, in relation to the entire set of goods. The organization estimates that the additional repair costs will be 30 percent of the value of defective goods. On the basis of this calculation, a monetary value is made of the value of the estimated liability in connection with the estimated costs of warranty service for the sold goods, which in this case will be 2 percent + 10 percent x 0.3 = 5 percent of the value of the goods sold.

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

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:

KD \u003d 1 / (1 + SD) ^ H, where:

KD - discount factor;

SD - discount rate;

N is the discount period of the estimated liability in years.

The discount factor is: KD = 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 years:

RUB 1200.00 thousand x 0.76947 = 923.36 thousand rubles

RUB 923.36 thousand x 0.14 = 129.27 thousand rubles

present value of the provision

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

cost of increasing 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 this calculation, the entity's accounting records as at 31 December 20X0 show the present value of the estimated liability in the amount of RUB 923,36 thousand. As at 31 December 20X1 the entity records an increase in the estimated liability in the debit of the other income and expenses account and in the credit of the account for provisions for future expenses in the amount of RUB 129,27 thousand, and as at 31 December 20X2 - 147.37 thousand rub.

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

Yu.V. Kapanina, expert in accounting and taxation,
Yu.A. Inozemtseva, expert in accounting and taxation

Estimated liabilities: everything you wanted to know

The procedure for recognizing, evaluating and disclosing information on estimated liabilities in the financial statements

The PBUs mentioned in the article can be found: section "Russian legislation" of the ConsultantPlus system

The obligation to recognize estimated liabilities is provided for in PBU 8/2010. This PBU is not new, but accountants still have a lot of ambiguities regarding its application. The most common estimated liability that is reflected in accounting is the reserve for vacation pay. We have written about him many times. Now we want to talk about other cases when an organization is required to recognize estimated liabilities. We will immediately make a reservation that we will only talk about accounting, since reserves for estimated liabilities are not created in tax accounting.

Who should apply PBU 8/2010

PBU 8/2010 must be applied by all organizations, with the exception of small businesses, banks and government agencies pp. 1, 3 PBU 8/2010.

But does the company face any responsibility for non-application of PBU 8/2010? As you probably know, the tax authorities can fine an organization for 10-30 thousand rubles. for systematic untimely or incorrect reflection in accounting and reporting of business transactions Art. 120 Tax Code of the Russian Federation. But this rule cannot be applied to estimated liabilities. After all, the accrual of a reserve for estimated liabilities is not business transaction. The need to create reserves of the organization follows from past events. That is, according to Art. 120 NK you will not be fined.

Attention

For organizations that are not allowed to create reserves for estimated liabilities, their decision to refuse to apply PBU 8/2010 must be reflected in the accounting policy for accounting purposes.

For gross violation of accounting rules in the amount of 2 thousand to 3 thousand rubles. the head of the company may suffer and Art. 15.11 Administrative Code of the Russian Federation, but only if, due to non-accrual of reserves, the reporting item (line) is distorted by more than 10%. True, for this, the tax authorities need to independently calculate the amount of the reserve, and they are unlikely to do this, since this will not affect the additional tax assessment in any way. And the fines are small enough to go to court for them. And this penalty is collected only in court.

But if the company's statements are checked by auditors, they will definitely notice non-compliance with the rules of PBU 8/2010 and can reflect this in the conclusion.

What is an estimated liability and why is it needed

Estimated liability is existing an obligation of an organization with an indefinite amount of repayment and (or) an indefinite period of performance. The recognition of an estimated liability (in practice, this is called the creation of a provision) is accompanied by the recognition of expenses. As you understand, all obligations and expenses of the organization must be reflected in the reporting without any exceptions, otherwise net profit will be overstated and users will not receive information about the real financial situation of the company.

For example, at the reporting date, the company already knew that it had a provision. The costs will be incurred in any case, but she did not reflect information about this in the financial statements and did not recognize the costs. As a result, net income was overstated. This, in turn, may lead to the payment of dividends in an overestimated amount, which will lead to a deterioration in financial position companies.

Let's see what is the difference between estimated liabilities and other reserves and liabilities.

Estimated liabilities differ from normal projected future costs. For example, an organization is going to repair its fixed assets in the future. The cost of such repairs does not need to be reserved, as the company has no obligation to carry out repairs. These are just her plans, which she can refuse.

A reserve is not created in relation to ordinary liabilities clause 2 PBU 8/2010. For example, a company has entered into an agreement with its counterparty for the supply of materials. As of the reporting date, the materials have already been shipped, but you have not yet paid for them. Then we are not talking about estimated liabilities, but about ordinary accounts payable. In this case, the organization clearly knows how much, to whom and when it will pay and, accordingly, these costs are recognized in accounting when they arise.

Provisions for provisions have nothing to do with provisions, which are adjustments book value assets/liabilities due to the emergence new information. These include provisions for doubtful debts, for depreciation of inventories and depreciation of financial investments. These reserves, unlike estimated liabilities, we will not see in the balance sheet. It will only show the reduced value of the asset/liability, while the estimated liabilities are shown in the liabilities side of the balance sheet. Reserve capital and reserves formed from the retained earnings of companies also have nothing to do with PBU 8/2010 clause 2 PBU 8/2010.

When do liabilities arise?

Estimated liabilities may arise, for example clause 4 PBU 8/2010:

• from the norms of legislation, court decisions, contracts. For example, according to the terms of the contract, the manufacturer provides buyers with guarantees and assumes the obligation to correct manufacturing defects that appear within a year from the date of sale. Based on past experience, it can be assumed that there will be claims on sales, respectively, a reserve is being created. From employment contracts, the organization has obligations to provide and pay vacations to employees;
• as a result of any action of the organization, when other persons are confident that the company will fulfill its promises. These are not legal obligations of the company, they may arise from the practice or public statements of the company. Let's say store retail pursues a policy of returning money spent to dissatisfied customers within one more month after the expiration of the deadlines, statutory. An announcement about this was posted at the entrance to the store. From the experience of past sales, it is known that there is a certain part of buyers who are dissatisfied with the purchase and want their money back. And this will inevitably lead to costs;
• due to the fact that due to the upcoming closure of the unit of the organization and clause 11 PBU 8/2010 employees who need to be paid will be fired severance pay and compensation for unused vacation, and terminated some contracts with counterparties who may have to pay fines. But in order for an organization to form a reserve for restructuring costs, two more mandatory conditions must be met:

1) the company has a detailed plan for the upcoming restructuring, which determines, in particular, approximate costs;

2) the management started its implementation and announced it to those who are affected by the restructuring (in our example, letters were sent to customers with a warning about the need to search for alternative sources of supply, and notices of the upcoming dismissal were given to the employees of the unit);

• under a deliberately unprofitable contract. If the organization, even before its execution, knows that it will incur losses in fulfilling its obligations under it (the cost of execution is greater than the expected revenue), and it will have to pay a significant fine for terminating this contract. The estimated liability is recognized in the lesser of the amounts - a fine or a loss from the performance of the contract. example 6 to Appendix No. 1 PBU 8/2010; Letter of the Ministry of Finance dated January 27, 2012 No. 07-02-18/01. The reserve is created in the month when it was determined that the contract was unprofitable.

Attention

If a penalty is not provided for the termination of a knowingly unprofitable contract or it is insignificant, then under such an agreement a reserve is not created, and losses on it are included in expenses in the general order. clause 2 PBU 8/2010.

A reserve for estimated liabilities is created in accounting with the simultaneous fulfillment of the following conditions clause 5 PBU 8/2010:

CONDITION 1. Organization as a result of past events there is an obligation as of the reporting date, the execution of which impossible to avoid.

For example, a company has leased a fixed asset and is obliged to return it to the lessor in a repaired form. The event has already happened - the contract has been concluded and can be executed, the object has been received and is being operated. Despite the fact that the costs are just ahead, the organization already has a liability and needs to create a provision for it.

CONDITION 2. There is more than a 50% chance that the entity will incur an expense to settle the obligation.

CONDITION 3. It is possible to reasonably (reliably) estimate the costs that will be required to fulfill the obligation.

Let's see how the conditions for recognizing estimated liabilities are met, using the example of a deliberately unprofitable contract. Suppose a company has signed a contract for the construction of a building, but construction has not yet begun. A month later, prices for building materials rose sharply, and it became clear that it was unprofitable to build (there would be no profit). But it is also expensive to refuse to fulfill the contract because of the large fine.

In this case, the past event is the signing of a contract with a commitment to build a building. The company cannot avoid this obligation. More precisely, maybe, but then fines await her, that is, the costs will have to be incurred in any case (either a loss or a penalty). The amount of losses can also be accurately calculated (the penalty is known from the terms of the contract, and the amount of loss can be estimated based on the prices of materials).

If at least one is not met mandatory criterion recognition of an estimated liability, then a provision is not created, but a contingent liability is recognized instead.

A contingent liability is not reflected in accounting, it can be mentioned in the explanatory notes to the statements clause 14 PBU 8/2010.

An example of a conditional obligation may be the conclusion of a factoring agreement with recourse, in which the factor, having not received money from buyers, has the right to demand it from the supplier after a certain period specified in the agreement. If, as of the reporting date, the due date for payment by the buyer and, accordingly, the recourse period has not yet come, then the supplier organization that sold the debt does not have an estimated liability.

You need to check the availability of estimated liabilities and create a reserve:

• <или>on the last day of each month (each reporting date). This is an ideal, but very labor-intensive option;
• <или>on the last day of each quarter. This is the best option;
• <или>only on December 31 of each year. This option can be used only by those organizations that submit only annual reports to the founders.

At the same time, new conditions may arise on the next reporting dates that affect the decision of the organization to form a reserve (this may be new law or other terms). That is, the company must regularly monitor its business risks and evaluate them. Moreover, this should not be done by an accountant, but by financial specialists, lawyers, and experts.

So, back to the previous example. If on the next reporting date the debtor's payment deadline has passed, but the factor has not received the money, the obligation to settle with the factor passes to the supplier. And there is high probability that factor will require payment under the contract. Then the supplier records a provision for the estimated liability.

How to determine the amount of the reserve

Let's say you decide that your company has a provision. Now we need to calculate the amount for which we will form a reserve. The specific procedure for determining the amount of contributions to the reserve in PBU 8/2010 is not defined. The reserve is created in the amount that reflects the most reliable monetary estimate of the costs required to settle the obligation. This estimate is determined by you on the basis of available facts or experience of similar operations, and sometimes with the help of independent experts. Be sure to document and record your cost estimate. pp. 15, 16 PBU 8/2010.

When calculating the amount of the reserve, you must adhere to some rules. Let's show with examples.

Example 1: Determining the amount of a provision for a lawsuit

/ condition / As of the reporting date, the organization is a party to the litigation. Based on the opinion of lawyers, it was concluded that it is more likely that the court decision will not be in her favor. It is expected that with a probability of 80% the amount of losses will be 300-500 thousand rubles. or with a probability of 20% - from 600 thousand rubles. up to 1000 thousand rubles

/ solution / First, we calculate the arithmetic mean of the largest and smallest values ​​of the interval:

• (300 thousand rubles + 500 thousand rubles) / 2 = 400 thousand rubles - 80% probability;
• (600 thousand rubles + 1000 thousand rubles) / 2 = 800 thousand rubles - probability of 20%.

The weighted average value is taken as the amount of the reserve:

400 thousand rubles x 0.80 + 800 thousand rubles. x 0.20 \u003d 480 thousand rubles.

An estimated liability for litigation is recognized in accounting in the amount of 480 thousand rubles.

For information on how to calculate the discount rate, see:

If the estimated maturity of the estimated liability exceeds 12 months after the reporting date, then when calculating the amount of the provision, the discount rate must be taken into account clause 20 PBU 8/2010.

Example 2. Determining the amount of the reserve, taking into account the discount rate

/ condition / The organization calculates the amount of the estimated liability as of December 31, 2014. The estimated amount of the liability to be repaid is 1,500 thousand rubles. The maturity of the obligation is July 15, 2016. The discount rate adopted by the organization is 14%.

/ solution / We consider the value of the estimated liability at the reporting date (it is called the present value).

We determine the CD: 1 / (1 + 0.14) 1.5 = 0.8216.

So let's take a look at what we've been up to over the years.

* To simplify calculations, it was decided to determine the present value based on a grace period of 1 year 6 months, that is, until 06/30/2016. It was decided not to take into account the remaining 15 days until the moment of payment (07/01/2016 - 07/15/2016) when discounting, since the effect of this procedure is insignificant.

** Semi-annual discount rate is 6.77%.

Each year, the amount of the estimated liability will increase due to the growth of its present value.

For information on how to calculate the half-year rate, see:

I would also like to say a few words about the formation of a reserve for obviously unprofitable contracts clause 2 PBU 8/2010.

Example 3. Determining the amount of the reserve for unprofitable contracts

/ condition / The organization entered into a contract for the supply of its products. The expected revenue is 800 thousand rubles. (without VAT). The organization estimates that due to the increase in prices for raw materials, the cost of production of the products provided for by the contract will amount to 1,100 thousand rubles. (without VAT). At the reporting date, the company has not yet begun to fulfill its obligations under the contract. The penalty for terminating the contract will be 400 thousand rubles.

/ solution / The contract is obviously unprofitable, since the inevitable costs of its execution (1100 thousand rubles) exceed the expected income from it (800 thousand rubles). The loss will be 300 thousand rubles. (1100 thousand rubles - 800 thousand rubles). And if the company refuses to fulfill the contract, it will have to pay a penalty (400 thousand rubles).

In this case, the estimated liability is recognized in accounting in the amount of a possible net loss in the performance of the contract (300 thousand rubles), which is less than the amount of the penalty for non-performance of the contract (400 thousand rubles).

If the organization nevertheless decided to terminate the contract and pay a fine, then the amount of penalties (400 thousand rubles) would be reflected in the accounting.

We reflect obligations in accounting and reporting

Estimated liabilities are recorded on account 96 "Reserves for future expenses" clause 8 PBU 8/2010.

Depending on the type, the amount of the estimated liability is included in the costs of ordinary activities (for example, estimated liabilities for the cost of warranty repairs or under obviously unprofitable contracts), or in other expenses (for example, a liability related to litigation), or in the cost of an asset (for example, a liability to dismantle a fixed asset when it is no longer in use). So the lines will look like this:

In order to see the impact on the financial result of each event, the formed provision for the estimated liability must be written off only to pay off the liability for which it was created. For the convenience of settlements on account 96, separate subaccounts (subconto) should be created for each type of future expenses for the fulfillment of a particular estimated obligation. For example, a company has made a provision for its warranty repair obligations. At the same time, the cost of materials used in the repair, and the cost of work third party organization written off against the created reserve.

Continuation of example 3

Let's look at the postings for the formation and write-off of the reserve under a knowingly unprofitable contract.

If the previously accrued reserve was not enough to pay off obligations, then the amount of excess of actual costs is reflected in accounting in a general manner, that is, they are immediately attributed to expenses for ordinary activities or to other clause 21 PBU 8/2010. For example, the amount payable by court decision (100 thousand rubles) turned out to be more than the amount of the reserve created for this claim (80 thousand rubles).

In the event that a smaller amount was required to pay off the obligation than that which was attributed to the reserve, the unused amount of the estimated liability is written off to other income of the organization clause 22 PBU 8/2010. Suppose the amount of the fine actually presented for payment by the counterparty (30 thousand rubles) turned out to be less than the reserve formed by the company for this fine (45 thousand rubles).

Contents of operation	Dt	ct	Sum, thousand roubles.
Estimated liability extinguished		76 “Settlements with different debtors and creditors”, sub-account “Settlements on claims”	30
Written off the unused amount of the reserve for the fine (45 thousand rubles - 30 thousand rubles)	20 "Main production"	96 "Reserves for future expenses"	1232,4
As of 12/31/2015
	91 “Other income and expenses”, sub-account “Other expenses”	96 "Reserves for future expenses"	172,5
As of 06/30/2016
Increase in estimated liability	91, sub-account "Other expenses"	96 "Reserves for future expenses"	95,1

In the annual financial statements, the estimated liability is reflected as follows:

• as of December 31, 2014 - 1232 thousand rubles;
• as of December 31, 2015 - 1405 thousand rubles;
• as of December 31, 2016 - 1,500 thousand rubles.

Note that in the financial statements, long-term and short-term liabilities should be presented separately. clause 19 PBU 4/99. In this regard, in the analytical accounting on account 96, separate accounting of long-term (the maturity of which exceeds 12 months) and short-term (the maturity of which does not exceed 12 months) estimated liabilities should be organized.

In the balance sheet, the amount of the reserve at the reporting date (credit balance of account 96) is reflected in the line "Estimated liabilities": for short-term liabilities this is the balance line 1540, for long-term - 1430.

In the statement of financial results, the amount of the reserve is included in expenses (for ordinary activities or other). The annual increase in the amount of the estimated liability (if a discount rate is used) is reflected in line 2330 "Interest payable".

Information about all estimated liabilities should be reflected in the notes to the balance sheet and income statement in table 7 "Estimated liabilities".

The application of PBU 8/2010 requires a large amount of professional judgment both at the stage of determining the amount of estimated liabilities, and when qualifying certain liabilities as ordinary or estimated. Therefore, if your reporting is being audited, then do not hesitate to consult with auditors on these issues.