Initial cost intangible assets received under contracts providing for the fulfillment of obligations (payment) are not in cash(including under an exchange agreement), represents the cost of products, goods transferred or to be transferred by the organization.
The cost of products, goods transferred or to be transferred is established based on the price at which, in comparable circumstances, the organization usually determines the cost of similar material assets.
According to Article 568 of the Civil Code of the Russian Federation, both equal and unequal material assets are subject to exchange. When exchanging goods of unequal value, one of the counterparties must pay an additional amount of money specified in the contract. Then the initial cost of intangible assets received under an exchange agreement, subject to additional payment by the enterprise to the counterparty of funds, should be the sum of the cost of transferred or subject to transfer of material assets and funds paid in accordance with the terms of the agreement.
The amount of funds transferred includes payment for intangible assets themselves and payment of value added tax. VAT paid to the supplier of intangible assets is not included in their original cost.
IN in this case, an intangible asset received under an exchange agreement is partially acquired for a fee, and on this basis, the formation of the initial cost of an intangible asset should be carried out similarly to the case of acquiring an intangible asset for a fee (in terms of the list of costs included in the inventory value of intangible assets).
All additional costs incurred by an enterprise to bring intangible assets to a state suitable for use increase the initial cost of the intangible asset.
In the event of replacing the obligation to pay for received material assets in cash with obligations under a bill of exchange (novation), the purchase and sale (supply) agreement should be considered as an agreement providing for payment for the delivered material assets in non-monetary means.
Magnitude accounts payable the organization that issued the bill (drawer) is equal to the amount specified in the bill, i.e. face value of the bill. Consequently, the issued bill is valued by the parties in an amount equal to its face value.
Based on the foregoing, the initial cost of intangible assets acquired under contracts providing for the repayment of obligations by transferring a bill of exchange is equal to the nominal value of the bill of exchange.
When reflected in accounts accounting For these operations, the following three circumstances must be taken into account:
List of test questions
1. Intangible assets are accepted for accounting at ... cost
a) restorative
b) initial
c) residual
2. The cost of intangible assets at which they are accepted for accounting, …
a) remains unchanged throughout the entire service life of the intangible asset
b) adjusted annually to current market conditions
c) may change in cases established by the legislation of the Russian Federation
3. The cost of intangible assets accepted for accounting, created by the organization itself, is determined as …
a) the amount of actual expenses for research and development work
b) the amount of actual production costs, excluding value added tax and other refundable taxes
c) general business and other similar expenses
4. The cost of intangible assets accepted for accounting, acquired for a fee, is determined as …
a) market value on the date of acceptance for accounting
b) the amount of actual acquisition costs
c) the amount of actual acquisition costs, excluding reimbursable taxes, plus additional costs of bringing them to a condition in which they are fit for use for the intended purpose
d) the amount of material resources spent, wages, services third party organizations under counterparty agreements, patent fees associated with obtaining patents and certificates
5. The cost of intangible assets accepted for accounting, received under agreements providing for the fulfillment of obligations in non-monetary means, is determined based on ...
a) market value Intangible assets as of the date of acceptance for accounting
b) the value of the goods to be transferred, based on the price at which, in comparable circumstances, the entity would normally determine the value of similar goods
c) monetary value agreed upon by the founders of the organization
d) the price at which similar intangible assets would normally be purchased in comparable circumstances
6. An organization's business reputation can be defined as the difference between …
a) the purchase price of the organization and the cost of balance sheet all her assets
b) the purchase price of the entity and the balance sheet value of all its assets and liabilities
c) the purchase price paid by the buyer and the market value of the entity sold
7. Term beneficial use IP is the period during which …
a) the right to use IP can be transferred by agreement
b) IP can be used in the copyright holder's own production to generate income
c) documents of protection for the IP object are valid
8. Depreciation charges for intangible assets are reflected in accounting by …
a) accumulation of the corresponding amounts in a separate account
b) reducing the initial cost of the object
c) transfer of the corresponding amounts to the off-balance sheet depreciation account
9. The business reputation of an organization is amortized over …
a) ten years
b) twenty years old
c) the entire life of the organization
10. The write-off of the value of intangible assets occurs due to the termination …
a) validity period of protection documents
b) obtaining benefits from the use of intangible assets
c) use of intangible assets for the purposes of production of products, performance of work and provision of services or for the management needs of the organization
11. Intangible assets received for use are accounted for by the user organization
a) on the balance sheet;
b) in an off-balance sheet account.
12. Depreciation on intangible assets provided for use is calculated:
a) the organization that is the copyright holder;
b) user organization.
13. A full license is an agreement providing for the transfer to the licensee of the rights to use the IP object …
a) in technology transfer
b) with the licensor retaining the right to use, but without retaining the right to issue licenses to others
c) with the licensor retaining the right to use and the right to issue a license to other persons
d) without the licensor retaining the right to use and the right to issue licenses to others
14. A pure license implies the transfer of rights to use industrial property objects …
a) without the licensor retaining the right to use and the right to issue licenses to other persons according to the methods, terms and territories of use established in the agreement
b) on the basis of an official statement of the patent holder to the patent office about its readiness to sell the license to any interested party
c) as part of other commercial transactions
d) under a stand-alone license agreement
15. Patent license …
a) this is an agreement providing for the transfer to the licensee of the rights to use an object of intellectual property with the licensor retaining the right to use and the right to issue a license to other persons
b) grants the licensee the right to use the industrial property object, manufacture a product based on it, sell the product
c) this is an agreement on mutual assurance of confidentiality in relation to the IP object
d) this legal document on the mutual grant of patent rights by various patent providers
e) does not require registration
f) requires registration
16. No patent license …
a) grants the licensee the right to use the industrial property object, manufacture a product based on it, sell the product
b) this is an agreement on the transfer of rights to a production secret, subject to mutual assurance of confidentiality
c) this is an agreement on the transfer of rights to an IP object, which is concluded by the counterparty of the licensee who purchased the initial license
d) does not require registration
e) requires registration
17. The option agreement assumes …
a) the obligation to conclude in the future an agreement on the transfer of property on the terms provided for in the preliminary agreement
b) transfer of certain information and includes obligations of the parties to keep it secret
c) transfer of technology, process and equipment, including know-how
d) mutual grant of patent rights by different patent holders
According to the conclusion of the Ministry of Justice of Russia dated November 20, 2000 N 9896-UD, this Order is in state registration does not need
MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION
ORDER
from 16.10.00 N 91н
ABOUT APPROVAL
ACCOUNTING POLICIES
"ACCOUNTING FOR INTANGIBLE ASSETS"
PBU 14/2000
Pursuant to the Accounting Reform Program in accordance with international standards financial statements, approved by Decree of the Government of the Russian Federation of March 6, 1998 N 283 (Collection of Legislation of the Russian Federation, 1998, N 11, Art. 1290), I order:
1. Approve the attached Accounting Regulations “Accounting for Intangible Assets” PBU 14/2000.
Minister of Finance
Russian Federation
A.KUDRIN
I. General provisions
1. These Regulations establish the rules for the formation of information on intangible assets in accounting commercial organizations(except for credit loans), which are under their right of ownership, economic management, and operational management.
2. This Regulation does not apply to:
a) research, development and technological work that did not produce a positive result;
b) research, development and technological work that has not been completed and not formalized in accordance with the procedure established by law;
c) material objects (material media) in which works of science, literature, art, computer programs and databases are expressed.
3. For the purposes of these Regulations, when accepting assets for accounting as intangible, the following conditions must be simultaneously met:
a) lack of material-material (physical) structure;
b) the possibility of identification (separation, separation) by the organization from other property;
c) use in the production of products, when performing work or providing services, or for the management needs of the organization;
d) use for a long time, i.e. useful life exceeding 12 months or normal operating cycle if it exceeds 12 months;
e) the organization does not intend to subsequently resell this property;
f) the ability to bring economic benefits (income) to the organization in the future;
g) the presence of properly executed documents confirming the existence of the asset itself and the organization’s exclusive right to the results of intellectual activity (patents, certificates, other documents of protection, agreement of assignment (acquisition) of a patent, trademark, etc.).
4. The following objects may be classified as intangible assets that meet all the conditions given in paragraph 3 of these Regulations - intellectual property objects (exclusive right to the results of intellectual activity):
- the exclusive right of the patent holder to an invention, industrial design, utility model;
- exclusive copyright for computer programs, databases;
- property right of the author or other copyright holder to the topology of integrated circuits;
- the exclusive right of the owner to a trademark and service mark, the name of the place of origin of goods;
- the exclusive right of the patent holder to selection achievements.
The organization’s business reputation and organizational expenses (expenses related to education) are also taken into account as part of intangible assets legal entity, recognized in accordance with the constituent documents as part of the contribution of participants (founders) to the authorized (share) capital of the organization).
Intangible assets do not include the intellectual and business qualities of the organization’s personnel, their qualifications and ability to work, since they are inseparable from their carriers and cannot be used without them.
5. The accounting unit for intangible assets is an inventory item. The inventory object of intangible assets is considered to be a set of rights arising from one patent, certificate, assignment of rights, etc. The main feature by which one inventory item is identified from another is its performance of an independent function in the production of products, performance of work or provision of services, or use for the management needs of the organization.
II. Valuation of intangible assets
6. Intangible assets are accepted for accounting at their historical cost.
The initial cost of intangible assets acquired for a fee is determined as the amount of actual acquisition costs, excluding value added tax and other refundable taxes (except for cases provided for by law Russian Federation).
The actual costs of acquiring intangible assets may be:
- amounts paid in accordance with the agreement of assignment (acquisition) of rights to the copyright holder (seller);
- amounts paid to organizations for information and consulting services related to the acquisition of intangible assets;
- registration fees, customs duties, patent duties and other similar payments made in connection with the assignment (acquisition) of the exclusive rights of the copyright holder;
- non-refundable taxes paid in connection with the acquisition of an intangible asset;
- remunerations paid to the intermediary organization through which the intangible asset was acquired;
- other expenses directly related to the acquisition of intangible assets.
When paying for acquired intangible assets, if the terms of the contract provide for deferred or installment payment, actual expenses accepted for accounting in the full amount of accounts payable.
When acquiring intangible assets, additional costs may arise to bring them into a state in which they are suitable for use for the intended purposes. Such expenses may be the amount of payment of workers involved in this, corresponding deductions for social insurance and security, material and other expenses.
Additional expenses increase the initial cost of intangible assets.
7. The initial cost of intangible assets created by the organization itself is determined as the amount of actual expenses for creation, production (spent material resources, wages, services of third-party organizations under counterparty (co-executive) agreements, patent fees associated with obtaining patents, certificates, etc.), with the exception of value added tax and other refundable taxes (except for cases provided for by the legislation of the Russian Federation) .
Intangible assets are considered created if:
- the exclusive right to the results of intellectual activity obtained in the performance of official duties or on a specific assignment of the employer belongs to the employer organization;
- the exclusive right to the results of intellectual activity obtained by the author (authors) under an agreement with a customer who is not an employer belongs to the customer organization;
- a certificate for a trademark or for the right to use the appellation of origin of a product is issued in the name of the organization.
8. General and other similar expenses are not included in the actual expenses for the acquisition and creation of intangible assets, except in cases where they are directly related to the acquisition of assets.
9. The initial cost of intangible assets contributed as a contribution to the authorized (share) capital of the organization is determined based on their monetary value agreed upon by the founders (participants) of the organization, unless otherwise provided by the legislation of the Russian Federation.
10. The initial cost of intangible assets received by an organization under a gift agreement (free of charge) is determined based on their market value as of the date of acceptance for accounting.
11. The initial cost of intangible assets received under contracts providing for the fulfillment of obligations (payment) in non-monetary means is determined based on the cost of goods (valuables) transferred or to be transferred by the organization. The cost of goods (valuables) transferred or to be transferred by an organization is established based on the price at which, in comparable circumstances, the organization usually determines the cost of similar goods (valuables).
If it is impossible to determine the value of goods (valuables) transferred or to be transferred by the organization under such contracts, the value of the intangible assets received by the organization is established based on the price at which similar intangible assets are acquired in comparable circumstances.
12. The value of intangible assets at which they are accepted for accounting is not subject to change, except in cases established by the legislation of the Russian Federation.
III. Amortization of intangible assets
14. The cost of intangible assets is repaid through depreciation, unless otherwise established by these Regulations.
15. Amortization of intangible assets is carried out using one of the following accrual methods depreciation charges:
- linear method;
- reducing balance method;
- method of writing off cost in proportion to the volume of products (works).
The application of one of the methods for a group of homogeneous intangible assets is carried out throughout their entire useful life.
During the useful life of intangible assets, the accrual of depreciation charges is not suspended, except in cases of conservation of the organization.
16. The annual amount of depreciation charges is determined:
- with the linear method - based on the initial cost of intangible assets and the depreciation rate calculated based on the useful life of this object;
- with the reducing balance method - based on the residual value of intangible assets at the beginning of the reporting year and the depreciation rate calculated based on the useful life of this object.
During the reporting year, depreciation charges on intangible assets are accrued monthly, regardless of the calculation method used, in the amount of 1/12 of the annual amount.
In seasonal production annual amount depreciation charges on intangible assets are accrued evenly during the period of operation of the organization in the reporting year.
When writing off the cost in proportion to the volume of production (work), depreciation charges are calculated based on the natural indicator of the volume of production (work) in reporting period and the ratio of the initial cost of the intangible asset and the expected volume of products (work) for the entire useful life of the intangible asset.
17. The useful life of intangible assets is determined by the organization when accepting the object for accounting.
The useful life of intangible assets is determined based on:
- the validity period of a patent, certificate and other restrictions on the terms of use of intellectual property objects in accordance with the legislation of the Russian Federation;
- the expected period of use of this object, during which the organization can receive economic benefits (income).
For certain groups of intangible assets, the useful life is determined based on the quantity of products or other natural indicator of the volume of work expected to be received as a result of the use of this object.
For intangible assets for which it is impossible to determine the useful life, depreciation rates are established for twenty years (but not more than the life of the organization).
The useful life of intangible assets cannot exceed the life of the organization.
18. Depreciation charges for intangible assets begin from the first day of the month following the month in which this object was accepted for accounting, and are accrued until the cost of this object is fully repaid or this object is retired from accounting in connection with the assignment (loss) of the organization’s exclusive rights to the results intellectual activity.
19. Depreciation charges for intangible assets cease from the first day of the month following the month of full repayment of the cost of this object or write-off of this object from accounting.
20. Depreciation charges for intangible assets are reflected in the accounting records of the reporting period to which they relate and are accrued regardless of the organization’s performance in the reporting period.
21. Depreciation charges for intangible assets are reflected in accounting in one of the following ways: by accumulating the corresponding amounts in a separate account or by reducing the initial cost of the object.
Depreciation charges for organizational expenses of an organization are reflected in accounting by uniformly reducing the initial cost over twenty years (but not more than the life of the organization).
The use of one of the methods of reflecting depreciation in accounting for a group of homogeneous intangible assets is carried out throughout their entire useful life.
If depreciation charges for any intangible assets are reflected in accounting by reducing their original cost, then after full repayment of this cost, these objects continue to be reflected in accounting (until the expiration of the patent, certificate, other security documents) in the conditional valuation adopted organization, with the attribution of the assessment amount to the financial results of the organization.
IV. Write-off of intangible assets
22. The cost of intangible assets, the use of which has been discontinued for the purposes of production of products, performance of work and provision of services or for the management needs of the organization (due to termination of the validity of a patent, certificate, other documents of protection, assignment (sale) of exclusive rights to the results of intellectual activity or for other reasons) is subject to write-off.
If depreciation charges for any intangible assets are reflected in accounting by accumulating the corresponding amounts, then simultaneously with the write-off of the cost of these objects, the amount of accumulated depreciation charges must be written off.
23. Income and expenses from the write-off of intangible assets are reflected in accounting in the reporting period to which they relate. Income and expenses from the write-off of intangible assets are included in the financial results of the organization.
V. Accounting for transactions related to the granting of the right to use intangible assets
24. Reflection in the accounting records of an organization of transactions related to the granting (receipt) of the right to use intellectual property (except for the right to use the appellation of origin of a product) is carried out on the basis of licensing agreements concluded between the copyright holder and the user (exclusive, non-exclusive, open license), copyright agreements (on the transfer of exclusive, non-exclusive rights to use works of science, literature, art), commercial concession agreements and other similar agreements concluded in accordance with the procedure established by the legislation of the Russian Federation.
25. Intangible assets provided by the organization - the copyright holder for the use of another organization - the user, while the first organization retains exclusive rights to the results of intellectual activity, are not written off and are subject to separate reflection in the accounting records of the organization - the copyright holder in an assessment in accordance with the rules of Section II of these Regulations.
Depreciation on intangible assets provided for use is calculated by the organization that is the copyright holder.
26. Intangible assets received for use are accounted for by the user organization on an off-balance sheet account in the assessment adopted in the contract.
In this case, payments for the granted right to use intellectual property objects, made in the form of periodic payments, including royalties, calculated and paid in the manner and within the terms established by the agreement, are included by the user organization in the expenses of the reporting period, and payments for the granted right to use intellectual property objects , made in the form of a fixed one-time payment, including royalties, are reflected in the accounting records of the user organization as deferred expenses and are subject to write-off during the term of the contract.
VI. Business reputation of the organization
27. For the purposes of these Regulations, the business reputation of an organization can be determined as the difference between the purchase price of the organization (as acquired property complex as a whole) and the balance sheet value of all its assets and liabilities.
An entity's goodwill should be treated as a premium to the price paid by the buyer in anticipation of future economic benefits and accounted for as a separate inventory item.
A negative business reputation of an organization should be considered as a discount on the price provided to the buyer due to the lack of factors of the presence of stable buyers, reputation for quality, marketing and sales skills, business connections, management experience, level of personnel qualifications, etc., and taken into account as future income periods.
28. For accounting purposes, the amount of acquired business reputation of an organization is determined by calculation as the difference between the amount paid to the seller for the organization and the sum of all assets and liabilities on the organization’s balance sheet as of the date of its purchase (acquisition).
When purchasing privatization objects at an auction or competition, the business reputation of the organization is determined as the difference between the purchase price paid by the buyer and the estimated (initial) cost of the sold organization.
29. The acquired business reputation of an organization is amortized over twenty years (but not more than the life of the organization).
Depreciation charges for the positive business reputation of an organization are reflected in accounting by uniformly reducing its original cost.
The organization's negative business reputation is evenly attributed to the organization's financial results as other income.
VII. Disclosure of information in financial statements
30. The financial statements reflect the initial cost and the amount of accrued depreciation by type of intangible assets at the beginning and end of the reporting year, the cost of write-offs and increases, and other cases of movement of intangible assets.
31. As part of the information on the accounting policies of the organization in the financial statements, at least the following information is subject to disclosure:
- on methods for assessing intangible assets acquired not for cash;
- on the useful life of intangible assets adopted by the organization (for individual groups);
- on methods for calculating depreciation charges for certain groups of intangible assets;
- on methods of reflecting depreciation charges on intangible assets in accounting.
The initial cost of intangible assets acquired for a fee is determined as the amount of actual acquisition costs, excluding value added tax and other refundable taxes (except for cases provided for by the legislation of the Russian Federation).
The actual costs of acquiring intangible assets may be:
amounts paid in accordance with the agreement of assignment (acquisition) of rights to the copyright holder (seller);
amounts paid to organizations for information and consulting services related to the acquisition of intangible assets;
registration fees, customs duties, patent duties and other similar payments made in connection with the assignment (acquisition) of the exclusive rights of the copyright holder;
non-refundable taxes paid in connection with the acquisition of an intangible asset;
remunerations paid to the intermediary organization through which the intangible asset was acquired;
other expenses directly related to the acquisition of intangible assets.
When paying for acquired intangible assets, if the terms of the contract provide for deferred or installment payment, actual expenses are accepted for accounting in the full amount of accounts payable.
When acquiring intangible assets, additional costs may arise to bring them into a state in which they are suitable for use for the intended purposes. Such expenses may include remuneration of the workers involved, corresponding contributions to social insurance and security, material and other expenses. Additional expenses increase the initial cost of intangible assets.
7. The initial cost of intangible assets created by the organization itself is determined as the sum of the actual costs of creation, production (spent material resources, wages, services of third-party organizations under counterparty (co-executive) agreements, patent fees associated with obtaining patents, certificates, etc. etc.), with the exception of value added tax and other refundable taxes (except for cases provided for by the legislation of the Russian Federation).
Intangible assets are considered created if:
the exclusive right to the results of intellectual activity obtained in the performance of official duties or on a specific assignment of the employer belongs to the employer organization;
the exclusive right to the results of intellectual activity obtained by the author (authors) under an agreement with a customer who is not an employer belongs to the customer organization;
a certificate for a trademark or for the right to use the appellation of origin of a product is issued in the name of the organization.
8. General and other similar expenses are not included in the actual expenses for the acquisition and creation of intangible assets, except in cases where they are directly related to the acquisition of assets.
9. The initial cost of intangible assets contributed as a contribution to the authorized (share) capital of the organization is determined based on their monetary value agreed upon by the founders (participants) of the organization, unless otherwise provided by the legislation of the Russian Federation.
10. The initial cost of intangible assets received by an organization under a gift agreement (free of charge) is determined based on their market value as of the date of acceptance for accounting.
Operations under a barter agreement are one of the most problematic issues in the field of accounting commodity transactions. First of all, this is due to the specifics of the civil law content of this agreement, namely, the norms of the Civil Code of the Russian Federation establishing the procedure for the transfer of ownership during barter transactions. Certain difficulties are also caused by the relationship between the requirements of the Tax Code of the Russian Federation on the price of exchange transactions with the provisions of the Civil Code of the Russian Federation and the requirements of PBU. M.L. will help you understand the issues that arise when carrying out transactions under a barter agreement. Pyatov, Ph.D. (St. Petersburg State University).
Change in the Civil Code of the Russian Federation
According to paragraph 1 of Article 567 of the Civil Code of the Russian Federation, under an exchange agreement, each party undertakes to transfer one product into the ownership of the other party in exchange for another.
Article 567 of the Civil Code also establishes that the rules on purchase and sale are applied to the barter agreement, if this does not contradict the rules of Chapter 31 of the Civil Code of the Russian Federation “Barter” and the essence of exchange transactions. In this case, each of the parties is recognized as the seller of the goods, which it undertakes to transfer, and the recipient of the goods, which it undertakes to accept in exchange.
The requirements of paragraph 2 of Article 567 regarding the application of the rules on the purchase and sale agreement to men do not mean that Civil Code puts an equal sign between these two agreements. There are a number of regulations of the Civil Code of the Russian Federation that specifically regulate the execution of barter contracts and are valid only in relation to barter contracts. These are the rules on the price of the contract and expenses under it (Article 568 of the Civil Code of the Russian Federation), counter-fulfillment of the obligation to transfer goods under the contract (Article 569 of the Civil Code of the Russian Federation), the transfer of ownership of the goods exchanged (Article 570 of the Civil Code of the Russian Federation), the actual content of the contract exchange (Article 567 of the Civil Code of the Russian Federation).
At the same time, in terms of real commodity circulation, purchase and sale and barter completely coincide with each other. When regulating the procedure for the delivery of goods, their acceptance, requirements for packaging in terms of quantity and quality, conditions for packaging under an exchange agreement, the Civil Code refers us to the relevant rules for a purchase and sale agreement - these are regulations regarding the terms of the agreement for goods (Article 455 of the Civil Code of the Russian Federation) , the moment of fulfillment of the seller’s obligations to transfer the goods (Article 458 of the Civil Code of the Russian Federation), quantity of goods (Article 465 of the Civil Code of the Russian Federation), assortment of goods (Article 467 of the Civil Code of the Russian Federation), quality of goods (Article 469 of the Civil Code of the Russian Federation), etc.
It is in this case, that is, when applying the norms of the Civil Code of the Russian Federation on the purchase and sale agreement to barter transactions, “each of the parties is recognized as the seller of the goods that it undertakes to transfer, and the buyer of the goods that it undertakes to accept in exchange.”
The procedure for determining the moment of transfer of ownership of the goods being exchanged is established by Article 570 of the Civil Code of the Russian Federation. According to the Civil Code of the Russian Federation, “unless otherwise provided by law or the exchange agreement, the ownership of the exchanged goods passes to the parties acting as buyers under the exchange agreement, simultaneously after the fulfillment of obligations to transfer the relevant goods by both parties.”
This means that goods transferred to the buyer under an exchange transaction continue to remain the property of the selling organization until the goods due under the contract are received from him. And, accordingly, goods received under an exchange agreement do not become the property of the organization acquiring them until the property due to the suppliers is transferred.
Change in the Tax Code of the Russian Federation
In practice, if the order on the accounting policy of the selling organization exchanging goods establishes the moment of implementation as “shipment,” accountants very often make the mistake of charging VAT on turnover in this case immediately after shipment of the goods. In accordance with Article 39 of the Tax Code of the Russian Federation, the sale of goods means the transfer of ownership of goods to third parties. Thus, for tax purposes, the rule always applies - there is no transfer of ownership, and there is no sale of goods. Consequently, until the parties to the contract mutually fulfill the obligation to transfer goods - that is, until the goods are received from the supplier - the shipped goods should not be included in the sales turnover.
In accordance with Article 40 of the Tax Code of the Russian Federation, the norm according to which the price of goods, work or services specified by the parties to the transaction is accepted for tax purposes, also applies to barter transactions. And only if the price of the exchange transaction deviates by more than 20% upward or downward from the level of prices applied by the taxpayer for identical (similar) goods, tax authority has the right to make a reasoned decision on the additional assessment of tax and penalties for a specific exchange transaction, calculated in such a way as if the results of this transaction were assessed based on the application market prices for the corresponding products.
Thus, in fact, the Tax Code of the Russian Federation, in addition to the norms of civil legislation, puts forward a requirement that an exchange agreement must include conditions regarding its price in money.
The fact is that, according to the norms of the Civil Code of the Russian Federation, the subject of an exchange transaction is the transfer of goods (material assets) by the parties to the contract, which, as a rule, does not involve monetary payments. This condition distinguishes a barter transaction from purchase and sale transactions. Consequently, in accordance with the norms of civil law, the price of an exchange agreement is the property to be transferred to the parties to the agreement. However, the valuation of these goods in money is not a condition ensuring the legal validity of the barter agreement.
However, according to the Tax Code of the Russian Federation, it is the price of the exchange agreement, expressed in money, that serves as the basis for calculating the tax bases arising when carrying out exchange transactions.
Therefore, indicating the price of an exchange agreement in money is mandatory requirement To this species civil contracts, put forward by Article 40 of the Tax Code of the Russian Federation.
Accounting for sales during barter transactions
By analogy with tax law, it treats barter transactions and accounting legislation. The task of the accountant when accounting for exchange transactions is to reflect the facts of termination of ownership of the transferred property and the posting of values received under the contract. Therefore, to reflect the exchange of goods in accounting, it is necessary to determine:
- the moment of transfer of ownership of the exchanged property;
- the amount of assessment of incoming valuables;
- the nature and amount of assessment of transactions for the exchange of goods for tax purposes.
According to paragraph 2 of Article 8 Federal Law dated November 21, 1996 No. 129-FZ “On Accounting” and the requirements of the Instructions for the Application of the Chart of Accounts, approved by Order of the Ministry of Finance of Russia dated October 31, 2000 No. 94n, the property of the organization transferred (shipped) by the buyer, the ownership of which remains with the organization - the seller, is reflected on account 45 “Goods shipped”. Goods received from suppliers and entered into the warehouse, the ownership of which remains with the supplier organization until the moment established by the contract or law, are reflected in a special off-balance sheet account 002 “Inventory assets accepted for safekeeping.”
Consequently, the transfer of goods under an exchange agreement before receiving from the supplier the property due under the transaction should be reflected by entries in the debit of account 45 “Goods shipped” in correspondence with account 41 “Goods” for the cost of goods at discount prices.
On the other hand, upon receipt of goods from the supplier before the transfer of the corresponding property in exchange, their receipt and entry into the warehouse is reflected in the debit of off-balance sheet account 002 “Inventory assets accepted for safekeeping.” After the transfer of the organization-supplier of the exchanged goods to the organization-supplier of the exchanged goods, the received values are credited to the balance sheet, that is, they are written off from account 002 with a credit entry, and are accounted for in the balance sheet by posting:
Debit 41 "Goods" - for the cost of acquired assets without VAT, Debit 19 "VAT on acquired assets" - for the amount of VAT related to purchased goods, Credit 90 "Sales", subaccount 1 "Revenue" - - for the sales price of the goods exchanged with VAT.
According to paragraph 6.3 of PBU 9/99, “the amount of receipts and (or) accounts receivable under contracts providing for the fulfillment of obligations (payment) in non-monetary means, it is accepted for accounting at the cost of goods (valuables) received or to be received by the organization, based on the price at which in comparable circumstances the organization usually determines the cost of similar goods (valuables).
If it is impossible to determine the value of goods (valuables) received by the organization, the amount of receipts and (or) receivables is determined by the value of the goods transferred or to be transferred by the organization."
The value of goods transferred or to be transferred by an organization is established based on the price at which, in comparable circumstances, the organization usually determines revenue for similar goods.
PBU 9/99 considers revenue from barter transactions as one of the components of an organization’s income from common species activity and, therefore, treats exchange for accounting purposes as a sale, that is business transaction, which involves receiving financial result(profit or loss).
According to clause 6.3. PBU 10/99, “the amount of payment and (or) accounts payable under contracts providing for the fulfillment of obligations (payment) in non-monetary means is determined by the cost of goods (valuables) transferred or to be transferred by the organization. The cost of goods (valuables) transferred or subject to transfer by the organization , are established based on the price at which, in comparable circumstances, the organization usually determines the cost of similar goods (valuables)."
In fact, this means that when acquiring any assets under an exchange agreement, we must receive this property at prices for which we usually buy or can buy it on the market for the corresponding goods for money.
So, for accounting purposes in general case the selling price of goods transferred in exchange and the purchase price of goods received under an exchange agreement are assumed to be equal. The difference between the amount of valuation of the assets received and the accounting value of the values transferred in exchange and expenses under the contract is reflected in accounting as profit (loss) for the exchange transaction.
We draw this conclusion based on:
- the general rule established by Article 568 of the Civil Code of the Russian Federation, according to which, unless otherwise follows from the exchange agreement, the goods to be exchanged are assumed to be of equal value, and
- cited norms PBU 9/99 and 10/99 on the price of the exchanged property.
These general requirements of PBU 9/99 and 10/99 in relation to operations with inventories, and, accordingly, commodity transactions of the organization, are specified in the rule established by paragraph 10 of PBU 5/01 “Accounting for inventories”. In accordance with PBU 5/01, " actual cost inventories received under contracts providing for the fulfillment of obligations (payment) in non-monetary means, the value of assets transferred or to be transferred by the organization is recognized. The value of assets transferred or to be transferred by an organization is established based on the price at which, in comparable circumstances, the organization usually determines the value of similar assets. If it is impossible to determine the value of assets transferred or to be transferred by an organization, the value of inventories received by the organization under contracts providing for the fulfillment of obligations (payment) in non-monetary means is determined based on the price at which similar inventories are purchased in comparable circumstances.”
Exchange as a realization
As noted above, Article 39 of the Tax Code of the Russian Federation considers as implementation any fact of transfer of ownership of the organization’s property to third parties, except for cases specifically specified in the Tax Code of the Russian Federation. Consequently, exchange transactions are considered by the Tax Code of the Russian Federation as the sale of property.
According to paragraph 1 of Article 40 of the Tax Code of the Russian Federation, until the contrary is proven, it is assumed that the price of a transaction subject to taxation corresponds to the level of market prices. Here you should pay attention to the differences in the methods for calculating the prices of exchange transactions established by regulatory documents for accounting and taxation purposes.
Clause 6.3 of PBU 9/99 names the following as criteria for calculating the price of an exchange transaction for the purpose of assessing it in accounting:
- the price of the goods received at which, in comparable circumstances, the organization usually determines their value (or the cost of similar goods);
- the price at which an entity, in comparable circumstances, would typically determine revenue for similar products(s);
- the price at which similar products (goods) are purchased under comparable circumstances.
Thus, accounting regulations generally do not correlate the assessment of the exchange transaction with the amount of the transaction price actually established by the parties.
Tax legislation, first of all, is based on the actual price of the contract, initially assuming its compliance with the level of market prices.
Therefore, the contract price specified by the parties serves for tax purposes as the basis for calculating the amount of turnover on the sale of the goods exchanged and, accordingly, the financial result taken into account when calculating the taxable profit of the organization carrying out the exchange transaction.
Therefore, establishing through accounting policy The correspondence of the valuation amounts of exchange transactions accepted for accounting purposes with their price indicated in exchange contracts in accordance with the requirements of Article 40 of the Tax Code of the Russian Federation will significantly simplify accounting, since accounting sales turnover in this case will coincide with those subject to value added tax turnover values for the sale of exchanged goods.
Scheme of accounting records for barter transactions
Reflection of barter transactions in accounting in accordance with PBU 9/99, PBU 10/99 and Tax Code should be done according to the following scheme:
1. The receipt of goods from the counterparty under an exchange transaction before the shipment of the exchanged values is reflected:
Debit 002 “Inventory assets accepted for safekeeping” - the cost of goods received under the contract.
2. The shipment of goods before receipt of property from the counterparty is reflected:
Debit 45 “Goods shipped” Credit 41 “Goods” - the accounting value of transferred values.
3. The receipt of goods from the counterparty is reflected (the entry into the balance sheet of previously received goods) after the goods have been shipped under the contract:
Debit 41 "Goods" - the cost of acquired assets without VAT, Debit 19 "VAT on acquired assets" - the amount of VAT related to purchased goods, Credit 90 "Sales", subaccount 1 "Revenue" - the cost of goods received under the contract with VAT.
4. Goods previously shipped to the counterparty are written off from the balance sheet:
Debit 90 “Sales”, subaccount 1 “Cost of sales” Credit 45 “Goods shipped” - the accounting value of the valuables transferred under the contract.
5. VAT is charged to the budget:
Debit 90 “Sales”, subaccount 3 “VAT” Credit 68 “Calculations for taxes and fees” - the amount of VAT on the sale of goods.
As noted above, according to paragraph 6.3 of PBU 9/99, “if it is impossible to establish the value of goods (valuables) received by the organization, the amount of receipts and (or) receivables is determined by the value of the goods transferred or to be transferred by the organization. The cost of these goods is established based on "from the price at which, in comparable circumstances, the entity would normally determine revenue for like products."
In this case, transaction 3 is performed at the price for which the firm usually sells the goods being exchanged in the market for the corresponding goods for money.
When calculating value added tax obligations associated with the implementation of exchange transactions, it is necessary to take into account that in accordance with paragraph 2 of Article 172 of the Tax Code of the Russian Federation, when a taxpayer uses his own property in payments for goods purchased by him, the amount of tax actually paid by the taxpayer when purchasing these goods and subject to, accordingly, presentation to the budget, are calculated based on book value the specified property transferred as payment for them.