If the organization simultaneously carries out operations that are taxable and not taxable with VAT, it is required to carry out separate accounting for tax amounts. This is provided for by Art. 170 of the Tax Code of the Russian Federation. Taxable transaction fees are deductible. In a different situation, it is necessary to make proportions for each tax period according to the amounts of goods shipped. Especially for these purposes, the "5 percent" VAT rule has been developed. An example of calculating the amount of tax in different situations will be discussed in detail below.
Essence
Trade organizations often have to combine a common taxation regime with a single tax. The presence of export operations is also the basis for separate accounting. The reason is that when exporting VAT is deducted on the last day of the month when documents were submitted confirming the use of a zero rate for such an operation. The procedure for calculating tax on these transactions is determined by the accounting policy.
Let us consider in more detail how such organizations carry out separate VAT accounting.
To reflect the distribution of the tax amount in the accounting sub-accounts to account 19. The distribution is carried out in the period in which the goods were registered. Therefore, the proportion is carried out by comparable indicators - the cost of goods with and without VAT. Double accounting is also carried out if the organization has operations that are implemented outside the Russian Federation.
Example 1
Consider the standard situation. For the quarter, the company shipped products for 1.2 million rubles, including taxable ones, for 0.9 million rubles. The amount of tax presented by suppliers is 100 thousand rubles. Since the value of the goods, which is not subject to taxation, is 250 thousand rubles, the estimated coefficient is 0.75. Therefore, for deduction, you can take not 100 thousand rubles, but only 75 thousand rubles. (100 * 0.75). And only 25% can be taken into account in the cost of purchased goods: 1.2 * 0.25 = 0.3 million rubles.
Calculations
How to distribute input VAT? An enterprise may have fixed assets and intangible assets registered in the first month of the quarter. In such cases, the proportions are determined on the basis of the share of the cost of goods shipped manufactured on a new machine in the total sales for the month in which the object was taken into account.
The cost of services for the provision of loans and repos are calculated based on the amount of income in the form of accrued interest. An exception is an interest-free loan, the cost of which is equal to zero. Such operations do not affect the proportion
When calculating the Central Bank, the difference between the selling price and acquisition costs is calculated. Moreover, non-taxable VAT operations should also be taken into account in the cost of work.
Example 2
For the quarter, the company sold goods worth 2 million rubles, including 1750 thousand rubles. taxable and 250 thousand rubles. not taxable. Suppliers deducted 180 thousand rubles.
The coefficient for subsequent calculations is 0.875. From the purchased goods, deduction can be taken: 180 * 0.875 = 157.5 thousand rubles. The remaining 22.5 thousand rubles. should be reflected in the value of the goods.
5% rule
For those periods when the share of expenses on non-taxable operations is less than 5% of the total amount of expenses, the company may not carry out separate accounting. The procedure for calculating the total amount of expenses when calculating the barrier is not legally established. The company can develop its sound methodology and consolidate it in accounting policies.
When calculating the specific gravity, all sales without VAT are taken into account: tax-free operations, sales on the “imputed”, transaction costs outside the Russian Federation. As for the first group, both direct and general expenses are taken into account. That is, you need to add up all the costs, add VAT on general business expenses in the appropriate proportion, then divide the resulting amount by the amount of costs.
The 5 percent VAT rule, the calculation example of which will be presented later, cannot be applied to export operations. This is provided for by Art. 170 Tax Code. For such operations, the VAT rate is 0%. That is, if:
- the barrier is not reached;
- the company has export operations;
separate VAT accounting should be carried out .
5 percent rule: example
The direct costs of the enterprise for taxable operations in the second quarter amounted to 15 million rubles, and for non-taxable ones - 750 thousand rubles. General business expenses - 3.5 million rubles. The accounting policy provides for the distribution of expenses in proportion to revenue, which in the reporting period amounted to 21 million rubles, respectively. and 970 thousand rubles.
General business expenses on non-taxable operations: 3.5 * (0.97 / (21 + 0.97))) = 154.529 thousand rubles, or 4.7%. Since this amount does not exceed 5%, the company can deduct the entire input VAT for the second quarter.
Accounting algorithm
To understand what VAT rate on goods should be applied and how to determine the amount of input tax, you can use the following sequence of actions:
1. Calculate the amount of VAT presented, which can be deducted. If the purchased goods can be directly attributed to tax exempt activities, then VAT is included in its value. In other cases, the tax amount is deductible.
2. The next step is to apply the “5 percent” rule for VAT, an example of which was presented earlier. First, the amount of expenses for non-taxable operations is determined, then the total costs are calculated and the formula is applied:
% neobl. operas. = (Uncovered / Total) x 100%.
If the resulting ratio exceeds 5%, then a separate accounting of the amounts should be carried out.
3. The tax amounts are calculated with and without VAT, then they are summed up and the ratio is determined:
% calc. = (Region total / Total total) * 100%.
The following is determined by the VAT on DOS payable:
Tax = VAT presented *% deduct.
4. The marginal cost is calculated:
Marginal VAT = VAT presented - VAT deductible
or
Cost = (Amount of goods shipped but not taxable / Total sales) * 100%.
Arbitrage practice
A full interpretation of "total costs" in the Tax Code is not presented. Based on the definitions in economic dictionaries, this term can be understood as the total amount of costs for the production of goods incurred by the taxpayer himself. The Ministry of Finance explains that when calculating this value, direct and general expenses for conducting activities are taken into account.
Judicial practice also does not allow an unambiguous conclusion as to when it is necessary to carry out separate VAT accounting. The 5 percent rule, the calculation example of which was considered earlier, applies exclusively to manufacturing enterprises. According to the judges, trading companies cannot carry out separate tax accounting.
Securities transactions are even more questions. In particular, some judges, referring to Art. 170 NK, argue that when selling such assets, you can use the 5% rule. At the same time, the cost of purchasing securities does not affect the proportion. That is, almost always the amount of expenses will be less than 5%, and the payer will be relieved of the obligation to keep double records.
In other court decisions there is a reference to PBU 19/02, which states that all operations with the Central Bank in NU and BU refer to financial investments. In addition, organizations have no costs associated with the formation of the cost of such assets. That is, income from such operations is exempt from taxation. Therefore, the organization must present the full amount of VAT deductible.
Transactions on the sale of a legal entity’s share in the authorized capital of another organization are not subject to VAT. Therefore, in such cases, double counting is always maintained.
Example 3
Before pledging cash, the company engaged auditors to check the financial condition of the borrower. The cost of the company’s services amounted to 118 thousand rubles. VAT included. Loan amount - 1 million rubles. The cost of financial investments is determined based on the accounting policies of the lender. If it does not provide for the use of the 5% rule, then VAT for the services of the auditor should be included in the cost of the investment. In this case, it will be necessary to distribute general business expenses. If there is a reservation, then all amounts are deductible.
The issue of accounting for input VAT in transactions with debt securities remains open. Using a preferential scheme for transactions with promissory notes is risky. The Federal Tax Service will most likely dispute such operations, and then it will be necessary to prove its innocence in court.
Accounting
From the foregoing, one can draw the following conclusion: it is better to determine the method of calculating expenses and indicate it in the accounting policy. In this case, you need to register the entire list of costs that relate to transactions exempted from taxation, and the procedure for calculating them:
- Allocate a position in the state for a responsible employee;
- to prescribe the procedure for recording time for settlements;
- determine the principle of distribution of the amount of rent, utilities for such operations (for example, in proportion).
To collect information on expenses not related to production, account 26 is used. It can reflect management, general business expenses, depreciation, rent, expenses for information, audit, and consulting services.
VAT or UTII for individual entrepreneurs
To begin with, it is worth noting that entrepreneurs who are single tax payers do not pay VAT on transactions that are recognized as taxable. At the same time, the Tax Code says that organizations that carry out transactions subject to VAT and UTII are required to keep a double record of property, liabilities and operations. For such individual entrepreneurs, the VAT accounting procedure is regulated by the tax code. It also spelled out the work procedure of exporters located at UTII for individual entrepreneurs.
Separate accounting allows you to correctly determine the amount of tax deduction: in full or in proportion. The code says that the procedure for the distribution of such operations must be spelled out in the accounting policies of the organization. The above ratio is calculated based on the value of non-taxable goods sold in total sales. Consider another task in which the "5 percent" VAT rule is presented.
Calculation example. An enterprise engaged in wholesale and retail trade (paying VAT and UTII) must carry out double tax accounting. Even if the work, equipment, real estate are intended for "imputed" activities, VAT on them is not deductible. If the received services, purchased real estate, are intended for operations subject to VAT, then the tax presented is taken into account in full. If the purchased equipment will be used on "two fronts" at once, then you need to make a proportion. Take one part of the tax deductible, and the second - include in the price of goods.
Proportion
The Tax Code specifies the features of accounting for the ratio of transactions that are exempt from taxation. The cost of services for the provision of loans for repurchase transactions is recorded in the amount of income accrued by the taxpayer of interest. When calculating the value of shares, bonds, other securities, the amount of income is calculated in the form of a positive difference between the sale price and the cost of buying such assets. If the market price is below cost, then the value obtained will not be taken into account.
Example
The plant produces bicycles and strollers for the disabled, which are not subject to VAT. The accountant reflects the cost of production on sub-accounts opened to account 20. For the I quarter of 2014, the amount of expenses amounted to 10 million rubles: 600 thousand, - for wheelchairs and 9.4 million rubles. - on bicycles. In addition, general and general production expenses in the amount of 2 and 3 million rubles were incurred. respectively.
First we find the ratio of the amounts of expenses:
0.6 \ (10 + 2 + 3) = 0.04, or 4%.
The accountant may not keep separate accounting of input tax and present the entire amount for deduction. But in the VAT return, you need to indicate the revenue and the full cost of preferential products.