Almost every company has fixed assets (OS). They tend to wear out. According to the rules of PBU, the OS is recorded, and depreciation is charged on them.
Depreciation deductions
These are the amounts aimed at recovering the depreciation of the asset. They are included in the costs of handling or production.
Depreciation is the amount calculated on the basis of the carrying amount of the related facilities and norms. The norm is the annual percentage compensation for the value of the worn-out part of the OS.
Property Groups
They are formed depending on the duration of the useful life of the facilities:
- Group I - 1-2 years;
- II - 2-3;
- III - 3-5 years;
- IV - 5-7;
- V - 7-10;
- VI - 10-15;
- VII - 15-20;
- VIII - 20-25;
- IX - 25-30;
- X - more than 30 years.
What is the depreciation premium of fixed assets?
The legislation does not disclose this term. However, accountants and economists quite actively apply the concept in their activities.
The taxpayer may include in the costs recorded in the reporting period (depending on the taxation regime) the costs of capital investments in fixed assets, that is, the costs that the company can recognize at a time. Such a "benefit" is the depreciation bonus. Accrual may be made, including for completion, reconstruction, modernization of the facility.
Limitations
There are several of them.
Firstly, the use of depreciation bonus is not possible in respect of objects received on a gratuitous basis. The corresponding rule fixes 9 paragraph 258 of the article of the Tax Code.
Secondly, the maximum depreciation premium is set . For the OS included in the I-II and VIII-X groups, it is 10%, and for the remaining objects (III-VII gr.) - 30% (previously it was 10%).
These indicators are used in the creation, partial liquidation, acquisition, retrofitting, technical re-equipment, etc.
Recovery
It is produced upon sale until 5 years have passed since the OS was put into operation. The restoration of a depreciation premium is, in simple words, the inclusion of its amount in income. The relevant requirement is set out in para. 4 9 of paragraph 258 of the article of the Tax Code.
Subject to recovery and 10 and 30 percent of any expenses. For other disposal methods, this procedure is not provided.
Transitional provisions
The new edition of Article 258 of the Tax Code came into force in 2009.
In accordance with para. 2 3 of paragraph 272 of Article of the Code, the depreciation premium is the amount that is recognized in the costs of the period in which the depreciation charge on the objects in which the investment was made began.
It follows that upon acquisition / creation of an object, a 30% premium is applied to funds put into operation since December 2008. And in case of reconstruction and in other cases fixed in clause 9 of article 258 of the Tax Code, this “benefit” can be used if The initial price of improved objects changes after January 1. 2009 year
At the same time, on the basis of the provisions of paragraph 10 of clause 9 of article No. 224, the provisions of the new version of Art. 258 should apply to fixed assets put into operation since January 2008. Accordingly, the accountants had a question: should the depreciation premium be included in revenues if the object acquired and put into operation in 2008 was sold that same year?
First, the Ministry of Finance explained that it was necessary to restore the award. However, later a different opinion was expressed. As a result, the following position was adopted.
When implementing a new provision on the mandatory restoration of a premium (that is, before January 1, 2009) of an OS acquired in 2008, the payer should not include its amount in income. This conclusion is formulated on the basis of paragraph 2 of Article 5 of the Tax Code, according to which legislative acts on taxes and fees, fixing new obligations or worsening the position of a business entity in another way, are not retroactive.
It is worth saying that in case of sale after 01.01.2009 of the property put into operation on January 1, 2008, the depreciation premium must be restored.
Practical use
Payers can apply the premium, regardless of the method of depreciation.
If the linear method is used, the initial cost of the property is reduced by a depreciation premium. This value is taken as the basis for calculating the monthly depreciation in tax accounting.
If the company uses a non-linear method, OS after commissioning are included (at their initial cost, reduced by a premium), in the appropriate group (subgroup).
Example
For clarity, we take a conditional company - ZAO "Ivan". The initial data are as follows:
- Depreciation is calculated using the non-linear method.
- In relation to OS III-VII gr. 30 percent premium applies.
- In August 2016, the company bought and commissioned equipment included in the seventh group. The initial cost of the OS is 1 million p.
Now let's calculate the depreciation premium . According to the results of 9 months. 2016, the accountant of the enterprise will take into account the following amount as a part of expenses:
1 million p. x 30% = 300 thousand p.
The remaining part of the equipment cost (1 million rubles - 300 thousand rubles = 700 thousand rubles) should be included in the aggregate balance of group VII from September 1, 2016.
Is it necessary to reflect the fact of using the premium in financial policy?
Taxes and financiers believe that if an enterprise applies a "benefit", then it must be fixed in the accounting policy. The corresponding conclusion is present in the Letters of the Ministry of Finance and the FMS.
Arbitration courts take a different position. In particular, they believe that the company can use the depreciation premium and this fact should not be fixed in the accounting policy.
Lawyers, in turn, recommend still reflecting the decision to use the "benefits" in order to avoid conflicts with the IFTS.
Consequences of use
In accounting, you cannot use the depreciation premium. In tax accounting , respectively, in the month of starting the calculation of the amounts for depreciation of the object, a greater expense is generated. Between accounts there is a temporary taxable difference. It leads to the appearance of IT (deferred tax liability).
Starting from the second month of calculating depreciation amounts, tax accounting expense will be less than accounting. This is due to the fact that the amount of monthly depreciation will be larger, since the calculation is carried out at the initial cost, excluding premiums.
Accordingly, from the second month, the temporary difference will decrease, and IT will be repaid.
Reflection features
Consider postings with a depreciation premium . Take a conditional enterprise LLC "Antey". The initial data are as follows:
- In March 2016, the enterprise acquired and commissioned an operating system included in group III.
- The cost of the facility is 1 million 200 thousand rubles. (without VAT).
- The useful life is 60 months. (5 years).
- Costs and revenues in the enterprise are determined on an accrual basis.
- In tax accounting, a 30 percent premium is applied to OS III-VII groups.
- Depreciation is calculated using the linear method in both tax and accounting.
In March 2016, an accountant makes notes:
- Db sc 08 subcount "Acquisition of OS" Cd. 60 - 1,200,000 - fixed asset purchase recorded;
- Db sc 01 subaccount "Own OS" Cd. 08 subcount "Acquisition of fixed assets" - 1,200,000 - reflected the commissioning of fixed assets.
Accounting for depreciation premium will be made in April. The tax accounting will reflect the amount of 360 thousand rubles. (1 million 200 thousand rubles. X 30%). The monthly depreciation amount will be:
(1 million 200 thousand rubles. - 360 thousand rubles.) / 60 months. = 14 thousand rubles / month.
The total expense in April in tax accounting will be:
360 thousand p. + 14 thousand p. = 374 thousand p.
There is a temporary difference between the accounts. She is:
374 thousand rubles - 20 thousand rubles. = 354 thousand rubles.
It, in turn, leads to the appearance of IT:
354 thousand rubles x 20% = 70,800.
Postings in April should be as follows:
- Db sc 20 cd 02 - 20 thousand p. - reflected depreciation on fixed assets;
- Db sc 68 subch. "Profit tax calculations" Cd. 77 - 70 800 p. - taken into account IT.
In May and subsequent months throughout the entire useful life of the facility, the expense in accounting will be greater (20 thousand rubles> 14 thousand rubles). In other words, there will be a repayment of the temporary difference of 6 thousand rubles. Accordingly, IT decreases by 1200 r. (6 thousand rubles. X 20%).
Postings should be like this:
- Db sc 20 cd 02 - 20 thousand p. - accrued depreciation for fixed assets;
- Db sc 77 cd 68 subst. "Calculations for income tax" - 1200 p. - accounted for partial repayment of IT.
Difficulties with the restoration of the premium
Questions from accountants arise due to the fact that neither in para. 4 9 of paragraph 258 of the article of the Tax Code, no other standards of Chapter 25 of the Code say when the premium should be restored: in the period of its use or implementation of the OS.
According to the provisions of sub. 5 p. 4 271 of the article, receipts in the form of the amounts of the restored reserve and other similar incomes must be reflected on the last day of the tax (reporting) period in which they are actually restored. The Ministry of Finance explained that the depreciation premium included in the costs under para. 2 9 points of Art. 258 Tax Code are included in the database in the period in which the OS was implemented.
Also, accountants are interested in the following questions: does the inclusion of the premium in income indicate that the company actually loses this amount and cannot take into account the costs of 10% or 30% of the original price of the object? Can the payer, having restored the premium, reduce the income from the sale of funds by the same amount?
The Ministry of Finance explained that the business entity does not have the right to recalculate the depreciation amount for the property being sold for past periods and its residual st-st. In this regard, on the basis of sub. 1 1 of paragraph 268 of the article of the Tax Code, income from the sale of this property can only be reduced by the residual value.
Accordingly, the depreciation premium, the amount of which is restored, is not reflected in the structure of expenses neither in the period of its recovery, nor later.
Meanwhile, according to some experts, this position of the Ministry can be considered controversial. This is due to the following.
The legislation does not explicitly prohibit the re-inclusion of the amount of premiums in expenses. As indicated in sub. 1 of the first paragraph 268 of the article of the Tax Code, when selling a depreciable object, income is reduced by the residual value. It represents the difference between the initial price and the amount of depreciation that accrues during operation.
The initial cost includes the costs of the acquisition, construction, delivery, manufacture, bringing to a usable condition.
Next, refer to para. 3 9 points 258 of the article of the Tax Code. It notes that the fixed assets for which the premium was applied are included in the groups at initial cost, minus no more than 10% or 30% (for the corresponding group). The amount of these percentages is included in the expenses of the tax period.
Nuances
It must be said that the above wording does not directly provide for a reduction in the initial price of the asset. It only stipulates a limitation on the inclusion of expenses for subsequent depreciation of property.
In addition, we are talking about the percentage of the initial price allocated to costs. At the time of the sale of the facility, these amounts are subject to recovery. Accordingly, the company, selling OS and including the amount of the premium in income, can reduce the profit from the sale by the residual price of the object, calculated in such a way as if the premium was not applied.
Timing Issues
As indicated in para. 4 9 of paragraph 258 of the article of the Tax Code, it is necessary to restore the premium when selling the OS before the expiration of 5 years from the date of commissioning. Accountants are interested in whether it is necessary to comply with this requirement for property included in group I-III if depreciation is fully compensated by the date of sale?
Formally, the enterprise will have to comply with the Code, as there are no restrictions on this.
The Ministry of Finance explained that from 01.01.2009 the premium should be restored, regardless of whether depreciation is compensated or not at the time of implementation of the facility.
Meanwhile, by including the amount in income, it is possible to increase the residual value of such property by the value of this premium. According to the rules of sub. 1 of the first paragraph 268 of the article of the Tax Code, you can reduce the profit from the sale. However, the tax authorities may bring claims to the organization in connection with such transactions.
Determining Residual Price Before 5 Years: Example
Take the following source data:
- the initial cost of the object is 30 thousand rubles;
- capital expenditures are reflected in the period of putting the OS into operation (10%) - 3 thousand rubles;
- depreciation amount until the date of sale - 7 thousand rubles
The calculation will be as follows:
- Initial cost = 30 thousand p. - 3 thousand p. = 27 thousand p.
- Residual price = 27 thousand p. - 7 thousand p. = 20 thousand p.
However, given the above, based on the provisions of the Tax Code, the residual value will be greater:
30 thousand p. - 7 thousand p. = 23 thousand p.
Further, suppose that the OS was sold at a price of 25 thousand rubles. In this case, the payer's income will be:
- 25 thousand p. - 20 thousand p. = 5 thousand p. (guided by the position of the Ministry of Finance).
- 25 thousand p. - 23 thousand p. = 2 thousand p. (taking into account legal norms).
conclusions
The residual value of the property being sold, thus, can be calculated as the difference between its original price (expenses without deduction of premium) and residual value (depreciation amounts excluding premium).
This approach is recommended for use in determining the payer income from the implementation of the OS. But in this case, claims from the IFTS are possible.