At the end of each tax period, enterprises prepare an annual income tax return. According to Article 289 (paragraph 4) of the Tax Code, its provision is carried out no later than March 28. When calculating the taxable base, it is necessary to take into account a number of points. Among them - a mandatory inventory of reserves that were formed during the year. It is held on December 31st. The purpose of this procedure is the identification of unused amounts or cost overruns, as well as the adjustment of the taxable base. Let us further consider how the provision for vacation pay is recorded.
General information
In Art. 324.1, clause 1 of the Tax Code contains a provision ordering taxpayers who plan to calculate the reserve for vacation pay to reflect the method of calculation they have adopted, as well as the maximum amount and monthly percentage of income under this article. For this purpose, a special estimate is made. It reflects the calculation of the monthly amounts in the reserve in accordance with the data on the estimated costs per year. Estimation is carried out with the inclusion of the size of insurance premiums paid from the costs. The percentage of receipts in the reserve for vacation pay is determined in the form of the ratio of the stipulated annual expenses for them to the estimated annual amount for salaries to employees.
Important points
According to Art. 324.1, clause 2 of the Tax Code, the accrual of a reserve for the payment of vacations refers to the items on the expenses of the salary of the corresponding categories of employees. Guided by the norm, the provisions contained in Art. 318, paragraph 1, the Ministry of Finance concluded that taxpayers have the right to independently determine the type of expenses to which these costs relate. They can be indirect or direct and relate both to employees involved in the production process and to those carrying out other activities at the enterprise that are not related to output. Nevertheless, the taxpayer is obliged to fix his choice in the documentation. The percentage calculation of the reserve for vacation pay for each structural unit is also allowed. Moreover, the item of these expenses is compiled for the enterprise as a whole.
Create a reserve for vacation pay
According to the provisions contained in para. 2, paragraph 1, Article 324.1 Tax Code, you can make the following formula:
% = (Holidays + SWOT) / (CHANGE + SWOT) × 100% in which;
- SVOT, SVOT - the size of insurance payments accrued for the corresponding amount.
- DEPARTURE - the estimated amount (annual) per salary of employees.
- Vacation plan - the stipulated expenses for vacation pay.
After determining the percentage, it must be multiplied every month by the amount of actual expenses for the salary (including insurance premium). The result that will be obtained is included in the accounting for the provision for vacation pay under Art. 255, paragraph 24 of the Tax Code. In this case, it is necessary to ensure that the accumulated amount does not exceed the limit value set in the documentation.
Example
Consider the formation of a reserve for vacation pay for an enterprise engaged in the manufacture of jewelry from base materials. In December, it was decided to estimate the upcoming expenses for the 2013th year. For tax purposes, the relevant provision was enshrined in the records. Along with this, the limit value of the sums of receipts and the monthly percentage were determined. The company has planned the following expenses for 2013:
- At the salary - 1 million rubles.
- Reserve for vacation pay - 264 thousand rubles.
For 2013, insurance premium rates from the salary fund were:
- 5.1% - in FFOMS.
- 22% - in the FIU.
- 2.9% - in the FSS.
The type of activity carried out by the enterprise belongs to the 9th grade of the risk profile (OKVED code 36.61). This means that the premium rate is 1%. General tariff - 31% (22 + 5.1 + 2.9 + 1). Next, we will accrue the reserve for vacation pay:
The stipulated amount for the year will be:
264 000 p. + 264 000 p. × 31% = 345 840 p.
The documentation reflects that the maximum amount of expenses is 345,840. The stipulated annual salary fund, including insurance payments:
3 000 000 p. + 3 000 000 p. × 31% = 3,930,000 p.
Percentage of deductions for each month:
345 840 p. / 3 930 000 p. × 100% = 8.8%
In accordance with the data obtained, an estimate is made
Using Savings
Reserve for the upcoming vacation pay, according to Art. 255, paragraph 24 of the Tax Code, will be included in the composition of expenses for the salary. In this case, the amount of actually assigned payments will not matter. As mentioned above, the corresponding insurance amounts are also included in the reserve for vacation pay . This means that these contributions do not relate to other expenses, such as, for example, insurance assigned by salary. It must be borne in mind that the reserve is allowed to be used only when paying for additional and basic leave.
Compensation for an unused period should be immediately attributed to the cost of s / n. This position is fixed in Art. 255, paragraph 8 of the Tax Code. A letter of the Ministry of Finance also indicates this requirement. It is worth noting here that, in particular, it is about compensation for dismissal. But in Art. 255 refers to benefits for unused periods, according to the Labor Code of the Russian Federation.
Inventory of reserve for vacation pay
Since taxpayers proceed from the estimated, rather than the actual, expenses for the employees on vacation, by the end of the period a somewhat problematic situation may arise. In particular, the amount actually transferred to employees on vacation may exceed the amount of the reserve. Moreover, its value, which is allocated to expenses, is greater than the actual costs of the organization. In this regard, it is quite natural that the taxpayer should take an inventory of the reserve for vacation pay. This requirement is established in Art. 324.1 of the Tax Code (Clause 3, Paragraph 1). The results of the procedure must be drawn up accordingly. In particular, an act or an accounting statement (in any form) is drawn up. The reflection of the results will depend on whether the company plans to continue to make up the estimated costs in the next period.
Excluding stock from future expenses
According to Art. 324.1, p. 3, para. 3, in the event that the enterprise does not have enough funds in the actually accrued reserve, which is confirmed by inventory at the end of the period, the taxpayer must, according to the data as of December 31 of the year in which it was drawn up, include the actual amounts for vacation pay in the costs. Accordingly, insurance premiums are added for which the specified stock has not been compiled before. If, planning the next period, the company considers that the reserve for vacation pay is impractical, then the amount of the balance that was revealed during the audit as of December 31 refers to the item of non-operating income in the current period.
Inclusion of stock in the plan for next year
If the accounting policy of the company remains unchanged regarding the reserve, then at the end of the tax period, the balance of underutilized funds may be revealed. In accordance with paragraph 4 of the above article of the Tax Code, the stock of future expenses is specified based on:
- Number of days of unused period by employees.
- The average daily cost of salaries to employees.
- Mandatory insurance premiums.
If, according to the results of the reconciliation, the amount of the calculated reserve for unused vacation is greater than the actual balance of the reserve by the end of the year, the excess should be included in the cost of the salary. in other words, if BUT> ONR, then the difference is equal to the cost of labor. If, according to the results of the reconciliation, the amount is less, then it should be included in non-operating income.
Lack of stock funds: an example
The amount of deductions for the reserve for vacation pay is 345 840 p. Throughout 2013, employees were issued 310,000 rubles. Insurance Contributions:
310,000 x 31% = 96,100 p.
In the course of reconciliation at the end of the years, it was revealed that the actual accrued amount (including contributions) is more than the amount of the reserve by 60,260. Thus, the funds are insufficient. In this regard, the excess amount should be included in the cost of s / n.
The amount of stock is more than actually issued funds: an example
The amount for reserve for expenses for vacation pay - 345 840 p. During the year, employees were issued 250 thousand rubles. Insurance amounted to 77,500 p. (250 thousand x 31%). By the end of the year during the inventory revealed that the amount of the reserve is more than actually issued vacation pay (together with insurance) by 18,340 rubles. Excess is subject to non-operating income.
Unused days
They need to be determined only as of the last day of the calendar year. The stock of future expenses for vacation pay is not specified during the tax period. During reconciliation, often in practice the question arises of how to count unused days. There are two options. The first should take into account the estimated number of days per year. It is compared with the number actually taken. In the second option, you need to take into account all the days that were not used on December 31, including the days for previous years. The Ministry of Finance is inclined to use the first option. In arbitration practice, however, there are cases of using the second approach.
Balance
In tax accounting, making a reserve for vacation expenses acts as a taxpayer right, and in accounting - obligations. However, it should be noted that there is no direct indication of this in regulatory documents. Nevertheless, analyzing PBU 8/2010, the payment of annual leave to employees is considered an estimated liability of the organization. It is recognized as such upon fulfillment of a number of conditions fixed in paragraph 5 of the said PBU. In accordance with paragraph 16 of the same document, the size of the estimated liability is established by the enterprise in accordance with the facts of the household. activities, experience applying similar obligations. If necessary, the opinions of experts are taken into account. Since the Law "On Accounting" does not formulate clear rules for stockpiling, for many organizations the best way would be to use the procedure that applies for tax purposes. Thus, it would be possible to bring the two balances closer together and eliminate the need to follow PBU 18/02.
In this regard, the question of taxpayers about whether they have the right to calculate vacation pay according to the rules of the Tax Code is quite logical. Representatives of the Ministry of Finance, in response to this, limited themselves to references to the above norms. In particular, it was explained that the estimated liabilities are reflected in accounting according to the rules of PBU 8/2010, and in the tax reporting - art. 324.1 Tax Code. In accordance with the provisions of the specified PBU in paragraph 16, the company needs to document the validity of the size of the estimated liability. If this condition is fulfilled, it can be assumed that the reserve for future expenses on vacation payments, if necessary, can be compiled in the balance sheet according to the rules provided for in art. 324.1 Tax Code. Hereinafter, contributions to compulsory pension, social (in case of temporary disability due to motherhood, in case of accidents and occupational disease), medical insurance are implied.
Controversial point: case study
The taxpayer appealed the decision of the tax service, which concluded that the reflection of costs for the formation of the vacation reserve was carried out unreasonably. In this regard, income tax in the amount of about 1.7 million rubles was additionally charged. The tax service considered that the clarification of the reserve by the payer for the future payment of vacation to employees, based on the number of days of an unused period for all not taken vacation of employees from the beginning of the company’s functioning, was made unlawfully. The judges, in turn, conducted an analysis of the situation present in Art. 342.1, paragraph 4. In particular, they indicated that the content of the above norm does not imply an unambiguous conclusion that it is about those holidays that are to be granted for the current reporting period. According to Art. 3 of the Tax Code, the resulting irreparable ambiguities, contradictions and doubts of the legislative acts on fees and taxes should be interpreted in favor of the taxpayer. According to Art. 122-124 TC to the employer is obligated to provide employees with annual paid leave. At the same time, the law provides for the possibility of transferring this period. In addition, the rules prohibit not providing paid annual leave for 2 consecutive years. It follows that under unused periods, according to Art. 324.1 of the Tax Code, it is necessary to understand unrepresented days both in the current and in the past periods.
Reserve Planning Program
Consider how to make a reserve for vacation pay ("1C: ZUP"). The opportunities available in the program allow you to evenly include costs in production costs or the turnover of the reporting period. This, in turn, contributes to the competent planning and distribution of finances. Tax and accounting entries are compiled automatically by the document “Reflection of salary in regulated accounting”.
Setting up stockpiling is carried out as follows:
- Having come in the menu "Service", it is necessary to open parameters.
- Estimated Liabilities Tab.
- Put a checkmark on the formation of a reserve in tax accounting.
- A new element should be made in the Reserves and Estimated Liabilities reference book. Reflects the reserve for vacation pay (account 96).
- In the form of an element, a list is filled out according to basic parameters. Here are the deductions of employees who are used in calculating the amounts for the reserve fund.
- Values are set for the year for each company as a percentage of the basic parameters.
Nuances of TC
The vacation schedule is usually compiled in the winter. According to the norms, the employee must be notified about the upcoming vacation 2 weeks before its start. This obligation is prescribed by article 123, part 3 of the Labor Code. The notice must be in writing. After familiarization, the employee must certify it with his signature. As a rule, the publication of the relevant order by the head is sufficient. Actually, he will act as a notice. In accordance with the general procedure, holiday pay is issued three calendar days before the start of the holiday. In the event of a delay, an administrative penalty (fine) may be imposed on the enterprise. In case of repeated violation of the Labor Code, the employer may be disqualified for a period of 1 to 3 years.
In the case of a vacation and subsequent dismissal, the employee is also paid vacation pay for three days, and full payment is carried out on the last business day. The employee has the right to divide the period assigned to him into several parts. The law does not establish restrictions on their number. However, there is a certain condition. At least one part of the leave must be at least 14 calendar days. The remaining period can be broken by the employee at his discretion.
However, one important nuance should be mentioned here. An employee may be denied rest if, in accordance with the schedule, this period is set for another time. For example, an employee must go on vacation twice a year - one and three weeks. The employee asks for rest for three days with the preservation of his salary. In this case, the manager may refuse him. This is due to the fact that the vacation schedule is mandatory for both the employee and the employer. This requirement is recorded in Art. 123, part 2 of the shopping mall. If the employee’s care for the rest can adversely affect the productivity of the enterprise, this period can be postponed. However, this must necessarily be the consent of the employee. At the same time, the law prohibits non-provision of leave for 2 consecutive years. When determining this period, work years should be taken into account, not calendar years. Thus, the countdown must be carried out from the day he began his professional activities in the enterprise. Moreover, the law provides for administrative liability for an employer who does not release an employee who has not reached the age of 18 or who has been employed in hazardous or hazardous work activities to rest.