Society with the system taxation of the simplified tax system a loan from a legal entity was received from the income. According to the loan agreement, interest is paid once a year. The company learns that the legal entity from which the loan was received is excluded from the register. What accounting records to close accounts payable on a loan and interest on it? Are the written off loan and interest taxed by the simplified tax system?
Answer
System experts Glavbuh
Your question from 09/07/2016«»
Debit 66 (67) Credit 91-1- amount debited accounts payable with expired limitation period.
Since interest under the loan agreement is accrued monthly (clause 6 of PBU 15/2008), write off the amount of interest in accounting:
Debit 66 (67) Credit 91 - accrued interest written off
When calculating a single tax with a simplified simplification, the amount of the written off accounts payable (and the body of the loan and unpaid interest) must be taken into account as part of non-operating income.
Justification
(Color highlighted information that will help you make the right decision)
How to write off bad accounts payable and reflect in the accounting
Accounting
If the accounts payable is not paid off by the organization in a timely manner and is not claimed by the creditor, then in accounting it must be written off upon the expiration of the statute of limitations (clause 7 of PBU 9/99, clause 78 of the Regulations for maintaining accounting and reporting). An exception to this rule is tax arrears (fees, penalties, fines). The expiration of the limitation period is not a basis for writing off such debt.
The amount of accounts payable written off, for which the limitation period has expired, include in other income in the amount in which this debt was reflected in accounting (clause 7, 10.4 PBU 9/99).
In accounting, write off accounts payable by posting:
Debit 60 (62, 66, 67, 70, 71, 76-4) Credit 91-1
- the amount of accounts payable with the expired limitation period has been written off.
Make such a record in the period in which the limitation period for accounts payable has expired (clause 16 of PBU 9/99).
STS
When calculating a single tax with simplification, the amount of written off accounts payable must be taken into account as part of non-operating income. This rule applies to both organizations that pay single tax from income, and to organizations, the object of taxation of which is income, reduced by the amount of expenses. At the same time, it does not matter during the period of application of which taxation regime the accounts payable were formed. This follows from the provisions of paragraph 1 of Article 346.15, paragraph 18 of Article 250 Tax Code RF. Similar clarifications are contained in the letters of the Ministry of Finance of Russia dated February 21, 2011 No. 03-11-06 / 2/29, dated March 23, 2007 No. 03-11-04 / 2/66.
The exception is accounts payable for the payment of taxes (fees, penalties, fines) written off or reduced in accordance with the current legislation or by decision of the Government of the Russian Federation. When calculating the single tax, such debt is not included in income (subparagraph 1 of paragraph 1.1 of article 346.15, subparagraph 21 of paragraph 1 of article 251 of the Tax Code of the Russian Federation).
Our organization works for STS income minus expenses. In 2011, another organization (buyer) that purchased the goods from us was liquidated. She had a debt, that is, she owed us a certain amount for the goods, let's say 50,000 rubles. By the end of 2014, three years had passed since it was liquidated. Accordingly, our organization should write off this debt as a bad debt, which has expired set time I am asking for your help on this matter. How can you write off this debt not only in accounting, but also in tax.
Answer
we report the following: In accounting, the organization has the right to write off the "accounts receivable" at the expense of the reserve for doubtful debts or immediately taking it to financial results(p. and Regulations). If the amount of the reserve is not enough, then you can write off the debt to other expenses (). In tax accounting when STS amount you cannot recognize the written-off "accounts receivable" as an expense. Since this type of cost is not named in the closed list of article 346.16 of the Tax Code of the Russian Federation. The Ministry of Finance of Russia believes the same.
The rationale for this position is given below in the materials of the Glavbuh System
Article:How to get rid of a "simplified" bad accounts receivable
Question number 2 What are the grounds for writing off "receivables"
As we have already noted, you need to write off debts that are unrealistic to be collected. That is, the one that is no longer possible to get back. The list of possible reasons for this is as follows ().
1. The limitation period has expired. General term the limitation period is three years⃰ (). It expires if you have not taken any action for three years to collect the debt from your debtor. That is, they did not send a claim to the debtor to pay the debt, did not sign a reconciliation act with him, etc.
The rules by which you should count the limitation period for debt are shown in the table ().
Table From what moment to count the limitation period
If, during the three-year limitation period, you took any action to collect a debt from your debtor, the limitation period is interrupted and starts counting again. The time that has passed before the timeout break is not included in the new calculation ().
2. Liquidation of the debtor company or termination of the entrepreneur's activities. The liquidation of an organization can be carried out by a court decision, founders, or as a result of bankruptcy (Art., And the Civil Code of the Russian Federation). An entrepreneur terminates activities by his own decision or as a result of bankruptcy ( Federal law of 08.08.2001 No. 129-FZ and the Civil Code of the Russian Federation). The liquidation of the company is completed or the activities of an individual entrepreneur are terminated at the moment when the corresponding entry is made in the Unified State Register of Legal Entities (USRLE) or the Unified State Register individual entrepreneurs(EGRIP). Therefore, if you believe that your debtor is liquidated or has stopped the business - does not answer letters, calls, is not located at your address, then take it to the IFTS extract from the Unified State Register of Legal Entities (EGRIP)... She will confirm that there is no debtor and will allow you to write off the debt without waiting for the statute of limitations to expire. Or print the relevant information from the website of the Federal Tax Service of Russia: http://www.nalog.ru/ (for this, go to the sections “ Electronic services"/" Business risks: check yourself and the counterparty "and enter the data on the counterparty there).
We also draw your attention to such a moment. From September 1, 2014, the exclusion of an organization from the Unified State Register of Legal Entities by the decision of the tax authorities is also considered liquidation due to the fact that the company did not submit reports within 12 months, did not conduct transactions on at least one account (,). Accordingly, starting from this date, you will be able to write off the debts of companies excluded from the Unified State Register of Legal Entities by the decision tax inspectors.
An important circumstance
In accounting, it is possible to write off accounts receivable if its limitation period has expired or other circumstances have arisen due to which it is unrealistic to collect the debt. Which ones, you can determine on your own and fix them in your accounting policy.
Previously, the exclusion of companies from the Unified State Register of Legal Entities by the decision of the inspectors was not considered complete liquidation (). Since such actions of the tax authorities can be appealed. Accordingly, the debts of companies liquidated by the tax authorities were not written off in practice (letters from the Ministry of Finance of Russia and). And they were waiting for their complete liquidation, for example, as a result of bankruptcy. Or when the statute of limitations for debt expires.
Question number 3 What documents to issue a write-off
In order to write off "accounts receivable", you will have to prepare the following documents (): ⃰
1) an act of inventory of settlements with buyers, suppliers and other debtors and creditors. This document is required because receivables it is revealed precisely by the results of the inventory. The form of the act can be either arbitrary or unified (), approved. But if you decide to use a unified form, then keep in mind that there are only columns for reflecting expired debts. For amounts that cannot be collected on other grounds (liquidation of a company, death of a citizen, etc.), you will have to add additional columns;
2) accounting certificate. In it, indicate all the information about the debt and explain the reason for its write-off. We have provided an approximate sample of help below.
On a note
In accounting, in order to write off "accounts receivable", you need to prepare an inventory of calculations, accounting statement... And on the basis of these securities, issue an order to write off the debt ().
On the basis of these papers, issue an order from the head to write off the "accounts receivable". And indicate there the amount of debt that you are writing off. A sample order is shown below.
Question number 4 How to reflect the written off receivables in the accounting
In accounting, you can write off the "accounts receivable" at the expense of the reserve for doubtful debts or immediately refer it to the financial results (paragraphs and Regulations). The first option is possible if you created a reserve for doubtful debts. In this case, write off the debt with the following entry:
DEBIT 63 CREDIT 62 (71, 73, 76 ...)
Written off at the expense of the "accounts receivable" reserve.
Recall that all firms are obliged to form a reserve for doubtful debts, including those who work on a simplified taxation system. However, there is no direct responsibility for its absence. There can be sanctions only if, due to the non-accrual of a reserve, any of the accounting lines is distorted by at least 10%. And if the tax authorities find it out. Then official firms can be issued a fine in the amount of 2,000 to 3,000 rubles. (). If the firm regularly pays taxes and provides reports, it is unlikely that tax inspectors will be concerned about whether it created a reserve or not.
If you did not pay for the goods (work, service) on time, or, on the contrary, received an advance payment, and the goods were not shipped (the work was not completed, the services were not provided), then you become a debtor and you have accounts payable. And if you do not repay this debt before the expiration of the limitation period, then the counterparty will no longer be able to collect this credit from you. But do you have income in this case?
According to the Ministry of Finance, overdue payables are included in taxable income under the simplified tax system. Letter of the Ministry of Finance dated 07.08.2013 No. 03-11-06 / 2/31883... And the rationale is pretty simple. The accounts payable written off due to the expiration of the statute of limitations is non-operating income Clause 18 of Art. 250 Tax Code... And under the simplified tax system, income is both income from sales and non-operating income. clause 1 of Art. 346.15 Tax Code of the Russian Federation.
So if you do not want to argue with the tax authorities, then regardless of which object of taxation you have chosen ("income" or "income minus expenses"), include the amount of unclaimed accounts payable in income at the date of expiration of the statute of limitations. Moreover, the income will have to include the full amount of the creditor, that is, including VAT, if it was formed for goods (works, services) purchased from a general-purpose operator.
SITUATION 1. The credit card was formed on the basis of the received advance payment. That is, you received an advance payment for the delivery, but the goods were never shipped to the buyer. What's going on with you? You include the advance in income as of the date it is received clause 1 of Art. 346.15, paragraph 1 of Art. 346.17 of the Tax Code of the Russian Federation; Decision of the Supreme Arbitration Court of January 20, 2006 No. 4294/05... And if the written-off creditors are then included in income, then the result is double taxation of the same amount.
SITUATION 2. The credit was formed for the purchased goods. That is, you received the goods from the supplier, but you yourself have not paid for them. What happens in this case? If you sell unpaid goods, then you will have to pay tax under the simplified tax system on the entire sale value. After all, you cannot reduce income either by the purchase price of goods or by VAT on them, since they have not been paid for. sub. 23 p. 1 of art. 346.16, clause 2 of Art. 346.17 Tax Code of the Russian Federation... So here, too, when the written off creditors on goods are included in the income, double taxation of the same amounts is obtained.
If you are ready to argue with the tax authorities, when writing off accounts payable on the advance received and purchased goods, you can not include the amount of debt in income under the simplified tax system, arguing that the same amounts cannot be taxed twice. However, the tax authorities may not like this and they may charge additional tax. Then it is possible that you will have to defend your point of view in court.
Accounts receivable, which for a number of reasons become uncollectible, must be written off. How is the write-off procedure in tax accounting, including income and income minus expenses under the simplified tax system, read in the article below.
In tax accounting, any debt for which one of the conditions below is met is considered hopeless and must be written off:
- if it is not possible to collect the debt through the court due to the expiration of the limitation period, its duration, as a rule, is 3 years, but may vary in individual cases, in accordance with Article 197 of the Civil Code of the Russian Federation;
- termination enforcement proceedings against the debtor bailiffs in connection with the impossibility of collection, while a corresponding resolution is issued;
- the company has ceased to exist (liquidated);
- the company was excluded from the Unified State Register of Legal Entities due to the inaction of such a person (only for the periods from 01.09.2014).
Note: If information from the register is excluded by legal entity before 09/01/2014, this does not allow you to write off the debt as hopeless, you must wait until any of the first three conditions are met.
If at least one of these conditions occurs, the organization can take into account the debt as uncollectible in tax accounting for the purpose of calculating income tax.
Writing off debts in tax accounting
For income tax, you can write off a debt to an organization if it is uncollectible. Any debt for which one of the above conditions is met is recognized as such.
The write-off is carried out in the tax or reporting period, in which the fulfillment of one of the conditions is recorded.
If in relation accounts receivable it is possible to set off against the repayment of the counter payable, then it is also not recognized as hopeless and cannot be written off.
In tax accounting, receivables recognized as uncollectible are written off together with VAT on the basis of two documents - the INV-17 act, drawn up based on the results of the inventory of mutual settlements, and the order of the manager. If the debt is an advance payment paid to the seller, with which it was sent for VAT refund, then when writing off such a debt, VAT must be restored. The debt is written off together with the added tax.
