-This solution will be of interest both to the founders of trust management, who keep records of assets on their own position or transfer funds for management, and to trustees, including funds of individuals, Individual investment accounts, as well as funds of insurance organizations, non-state pension funds, and other legal entities.
Keeping records in the system is possible in various registers, depending on the type of counterparty of the funds being recorded, the type of assets being recorded and the purposes for their acquisition. The system was developed on the 1C:Enterprise 8.3 technology platform with support for “Client-Server” architecture, which provides great scope for accounting customization.

The main advantages of the system for financial market participants, including:

To account for funds of non-state pension funds and insurance organizations:

• Ready-made accounting methodology according to the Unified Chart of Accounts and Industry Accounting Standards;
• Support for IFRS 9 and IFRS 39;
• Tax accounting of financial investments, the ability to create tax registers;
• Calculation of fair value using complex algorithms in the fair value hierarchy;
• Regulated reporting according to provisions 526-P, 527-P with the ability to generate XBRL packages;
• Regulated reporting according to OKUD form 0420154 in terms of sections 4, 5, 6, including the mechanism for generating security codes.
• Direct API integration with external market information providers (Interfax, Cbonds);
• Flexible solutions for integration with the general ledger of various vendors;
• Accounting for funds transferred to Trust Management;

For accounting by Trustees:

• Maintaining accounting, management and tax accounting of financial investments of management founders - non-state pension funds, insurance companies, individuals and other legal entities;
• Compliance with internal accounting requirements according to 577-P;
• Possibility of data exchange according to the “Manager – Founder” principle, including through uploading in the NAPF format;
• Maintaining records according to various accounting policies of the founders of the management;

To account for trust management of funds of individuals and individual investment accounts:

• Tax accounting;
• Calculation of personal income tax for individuals and individual investment accounts;
• Cash method of accounting for expenses;
• Daily management reporting;
• Client reporting, including a report under Regulation 494-P;
• Control of the structure of investment declarations.

The solution ensures the formation of data exchange on the “Manager - Founder” principle (the ability to exchange data between management companies and non-state pension funds, management companies and Insurance companies)

Features of the Avancore: Trust Management program:

• Partial accounting of securities;
• FIFO method support;
• Accounting for securities, futures contracts, derivative financial instruments, deposits and minimum non-reducible balance transactions, etc.;
• Automated creation of documents at user-preset frequency (premium/discount amortization, revaluation at market value, etc.) and on key dates (bond redemption, accrual of accrued income and dividends, etc.);
• Calculation of portfolio profitability in comparison with a benchmark;
• Background tasks for loading market information and performing routine tasks according to schedule;
• Generating references and calculations of key indicators with details of the processed data;
• Accounting for various types of transactions: T+, T0, OTC transactions, REPO transactions (direct and reverse), Transactions on the derivatives market, Transactions with currency;
• Direct integration with market information providers – Interfax, Cbonds;
• Downloading broker reports in various formats;
• Downloading MICEX quotes, as well as fair values ​​from the NSD disk;
• Support for a number of templates for downloading quotes from the Bloomberg terminal;
• Direct connection to the resources of the Central Bank for downloading market indicators (Exchange rates, Weighted average deposit rates, Zero-coupon yield curve, etc.);
• Clear mechanisms for entering balances to start accounting in the system;
• Storage of extended regulatory reference information on accounting objects;
• Maintaining and updating the calendar of corporate events;
• Checking and updating counterparty data through FPS services.

• Implemented in accordance with the Regulations of the Central Bank of the Russian Federation dated September 2, 2015 No. 486-P “On the Chart of Accounts of Accounting in Non-Credit Financial Institutions and the Procedure for its Application”;
• It is possible to maintain in parallel with accounting according to the RAS chart of accounts, and management accounting without generating postings. Accounting can be maintained both across the entire system and for individual counterparties/portfolios of counterparties;
• Ready-made methodology for UPS transactions for accounting for financial investments;
• Flexible configuration of analytics for EPS personal accounts is available, depending on the accounting requirements, as well as the personal account code. Personal accounts are generated in the system automatically, without user participation;
• Isolation of elements of asset value on separate personal accounts (if necessary);
• Compliance with the principles of pairing of personal accounts;
• Accounting for assets on off-balance sheet accounts of Chapter G.

• Classification of financial investments depending on the purpose of acquisition with automation of accounting in the relevant UPS accounts;
• A predefined set of regulatory operations for calculations and accruals for accounting purposes under IFRS;
• Determination of credit rating levels according to the rules of the accounting policy of the management founder;
• Automated calculation of ESP and amortized cost;
• Calculation of Fair Value by hierarchy levels, including determining market activity, checking price adequacy, calculating fair value using models and analogues;
• Determining the materiality criterion when purchasing securities and opening deposits with subsequent adjustment upon initial recognition;
• Possibility of calculating the value of underlying assets of structured notes;
• Determining signs of impairment of financial instruments;
• Various mechanisms for reclassifying securities between types of holding business models;
• Automatic detection of OFR symbols for PnL accounts depending on the type of income/expense, type of asset;
• Determining the level of credit rating of the Issuer and the Issue;
• Pre-installed asset conversion mechanisms.

• Possibility of maintaining client records under individual investment insurance and trust agreements using funds from individuals in the context of management strategies;
• Wide range of possibilities for creating and customizing client questionnaire forms;
• Possibility of conducting customer checks on AML/CFT, SMEV and others;
• Flexible settings for investment declarations and subsequent automated control of the asset structure;
• Implementation of control over exceeding the permissible level of risks;
• Generating an upload for data exchange with the tax office;
• Client's portfolio as of date;
• Client reports in accordance with regulation 492-P;
• Calculation of remuneration for the Management Company, including for success using external algorithms;
• Tax accounting and reporting;
• Checking and filling in the details of counterparties via the Internet using the specialized web service of the Federal Tax Service;
• The service "Checking details of counterparties" of the Federal Tax Service allows you to check online the existence of a counterparty using its key details - TIN and KPP.

FOR NFP

• Form No. 1-FS(NPF) Information on financial transactions of NPF;
• OKUD 0420506 “Report on investing pension savings”;
• OKUD 420507 “Report on income from investing pension savings”;
• OKUD 0420256 Report on the composition of the portfolio of own funds (property intended for the implementation of statutory activities);
• OKUD 0420260 Turnover sheet for the accounting accounts of a non-state pension fund;
• OKUD 0420261 Report on income and expenses of a non-state pension fund;
• OKUD 0420252 "General information on the activities of a non-state pension fund";
• OKUD 0420254 "Report on activities on non-state pension provision";
• OKUD 0420255 "Report on activities on compulsory pension insurance";
• OKUD 0420512 Report on the investment of pension savings of the Pension Fund of the Russian Federation;
• OKUD 0420513 Report on income from investing pension savings of the Pension Fund of the Russian Federation;
• Report on income from investing pension savings (0420507);
• Report on investing pension savings (0420506);
• Reporting under Regulation 527-P Notes;
• Reporting according to Regulation 527-P Balance sheet of a non-state pension fund;
• Reporting according to Regulation 527-P Report on cash flows of a non-state pension fund;
• Reporting according to Regulation 527-P Report on the financial results of a non-state pension fund.

FOR INSURANCE COMPANIES

• OKUD 0420154 Report on the composition and structure of assets Section 03. Structural relationships between the value of assets, insurance reserves and equity (capital);
• OKUD 0420154 Report on the composition and structure of assets Section 04. Cash;
• OKUD 0420154 Report on the composition and structure of assets Section 05. Deposits;
• OKUD 0420154 Report on the composition and structure of assets Section 06. Securities (except for bills of exchange, certificates of deposit);
• OKUD 0420154 Report on the composition and structure of assets Section 07. Promissory notes;
• OKUD 0420154 Report on the composition and structure of assets Section 18. Derivative financial instruments;
• OKUD 0420164 Turnover sheet for the insurer's accounting accounts;
• OKUD 0420165 Report on the financial results of the insurer (by symbols of income and expenses);
• Reporting under Regulation 526-P Notes;
• Reporting according to Regulation 526-P Balance sheet of an insurance organization;
• Reporting according to Regulation 526-P Report on financial results of an insurance organization;
• Reporting according to Regulation 526-P Report on cash flows of an insurance organization.

PURPSB

• OKUD 0420409 “Information on bank accounts”;
• OKUD 0420414 “Information on loans and credits”;
• OKUD 0420415 “Report of a professional participant on securities”;
• OKUD 0420417 “Report on over-the-counter transactions”;
• OKUD 0420418 “Information on the implementation of brokerage, depository and securities management activities by a professional participant”;
• OKUD 0420427 “Information on individual investment accounts”;
• Calculation of own funds of Management Company Invest. funds, mutual funds and non-state pension funds;
• OKUD 0420401 "General information about the organization";
• OKUD 0420416 “Information on investments in securities issued by non-residents (portfolio investments).”

A property trust management agreement (hereinafter referred to as the DMA) is increasingly used in practice, for example, when several owners create a company that will manage the property, or when, in order to optimize taxes, the owner of the property transfers it to trust management. At the same time, the trust management procedure itself has a number of features related both to the conclusion of the agreement and to the features of accounting and tax accounting.

Property trust management agreement

The procedure for concluding a DDU with property, the requirements for the form of such an agreement, and the procedure for transferring property into trust management are regulated by the Civil Code (1). According to Article 1012 of the Civil Code on property management, one party (the management founder) transfers property to trust management for a certain period of time to the other party (the trustee), and the other party undertakes to manage this property in the interests of the management founder or the person specified by him (the beneficiary). At the same time, the transfer of property into trust management does not entail the transfer of ownership of it to the trustee.

Property management should be understood as the performance of any legal and actual actions in relation to this property in accordance with the DDU in the interests of the beneficiary (2).

What property can be transferred to trust management?

This issue is also resolved in the Civil Code. Objects of trust management can be (3):

Enterprises;

Property complexes;

Individual objects related to real estate;

Securities;

Rights certified by uncertificated securities;

Exclusive rights;

Other property.

It is worth noting the mandatory requirements for such an agreement.

Firstly, the transfer of real estate into trust management is subject to state registration (4) and is considered to have taken place at the time of such registration. The agreement on real estate is considered concluded from the moment of transfer of the object of trust management. This is confirmed by judicial practice (5).

Secondly, the contract must indicate the essential terms:

Composition of property transferred to trust management;

The name of the legal entity or the name of the citizen in whose interests the property is managed (the founder of the management or the beneficiary);

The amount and form of remuneration to the manager, if such payments are provided for in the contract;

Contract time.

In addition, it is advisable to reflect the responsibility of the manager in the contract. The trustee is liable for losses caused unless he proves that these losses occurred as a result of force majeure or the actions of the beneficiary or the founder of the management (6). In this case, the manager has the right to remuneration provided for by the DDU of the property, as well as to reimbursement of the necessary expenses incurred by him during the trust management of the property, at the expense of income from the use of this property.

Thirdly, the validity period of such an agreement cannot exceed 5 years.

In addition, the DDU must be concluded in writing.

If the specified features are not taken into account when concluding the DDU, such an agreement may be declared invalid. Thus, in judicial practice there is a decision where the court satisfied the requirement to invalidate the contract, since the defendant did not take any action to state registration of the transfer of the disputed property into trust management (7).

In this regard, it is recommended to include essential conditions in the DDU and comply with the requirements for state registration of the property trust management agreement. Note that such an agreement has its own characteristics in the accounting procedure.

(1) Ch. 53 Civil Code of the Russian Federation

(2) clause 2 art. 1012 Civil Code of the Russian Federation

(3) art. 1013 Civil Code of the Russian Federation

(4) clause 2 art. 1017 Civil Code of the Russian Federation

(5) post. Presidium of the Supreme Arbitration Court of the Russian Federation dated December 17, 2002 No. 5861/02

(6) art. 1022 Civil Code of the Russian Federation

(7) post. FAS DO dated 09/06/2011 No. Ф03-4112/2011

Accounting for trust management of property

The maintenance of accounting records by the trustee of the property transferred to him for trust management and related accounting items is regulated by federal law (8), as well as instructions on the procedure for recording such transactions developed by the Ministry of Finance of Russia (hereinafter referred to as the Instructions) (9).

Founder's accounting

The accounting features of the property owner are as follows.

The transfer of property objects into trust management is carried out by the founder of the management at the cost at which they are listed in the owner’s accounting records on the date the “trust” agreement comes into force.

Confirmation of receipt of property transferred into trust management for the founder is a notice of the posting of such property from the manager or a primary accounting document marked “D.U.” (copy of invoice, acceptance certificate, etc.).

The transfer of property into trust management is accompanied by the following transactions:

DEBIT 68 subaccount “State duty” CREDIT 51

The fee for state registration of restrictions (encumbrances) of rights to real estate transferred into trust management has been paid;

DEBIT 91-2 CREDIT 68 subaccount “State duty”

The amount of the fee paid is included in other expenses;

DEBIT 79-3 CREDIT 01

The transfer of an OS object to trust management is reflected;

DEBIT 02 CREDIT 79-3

Depreciation accrued on the fixed asset transferred to trust management is reflected;

DEBIT 19 CREDIT 68

VAT was restored from the residual value of fixed assets transferred to trust management;

DEBIT 91-2 CREDIT 19

The amount of recovered VAT is reflected in other expenses.

Manager's Accounting

In the event that an enterprise as a property complex as a whole is transferred to trust management, the manager carries out accounting records according to the rules established for a legal entity that has an independent balance sheet.

However, there are some nuances in the accounting procedure for trust management of an enterprise. They are as follows.

The manager must ensure independent accounting of transactions under each trust management agreement, separate from transactions related to his own property. Finished products created in the process of trust management, work performed, services rendered, as well as acquired inventory and securities are reflected in the amount of actual costs of creation, production, acquisition, etc. Accounting for the acquisition and creation of new fixed assets, intangible assets and other long-term investments is carried out in accordance with the generally established procedure.

The trustee, having received property under the DDU, makes the following entries in the accounting records:

DEBIT 01 CREDIT 79-3

OS received for trust management;

DEBIT 79-3 CREDIT 02

The amount of accrued depreciation is reflected;

DEBIT 20 CREDIT 02

Depreciation is accrued for fixed assets used in the production of products.

Income from trust management is reflected as follows:

DEBIT 76 CREDIT 90-1

Income is reflected in the form of revenue from the sale of property management services;

DEBIT 90-3 CREDIT 68

VAT has been calculated on remuneration under DDU;

DEBIT 51 CREDIT 76

Reward received according to DDU.

Please note that after transferring a property into trust management, the manager accounts for it on a separate balance sheet (hereinafter referred to as the Management Balance Sheet) (Section IV of the Instructions). The amounts of revenue from the management of such property that are received into an open separate current account (account 90 “Sales”) are also reflected there.

In turn, the remuneration due to the manager is reflected on its own balance sheet (Manager’s Balance Sheet) in the debit of account 76 “Settlements with various debtors and creditors” in correspondence with the credit of account 90 “Sales” (Section V of the Instructions).

In other words, operations for receiving entrusted property and accounting for remuneration for managing such property are reflected on different balance sheets.

If, upon termination of the “trust” agreement, the property transferred into trust management, including newly created or acquired property, is subject to return to the founder, then this operation is reflected in the debit of account 79 “Intra-business settlements”, subaccount “Settlements under the property trust management agreement” in correspondence with credit to asset accounts. If the agreement provides for other actions in relation to the entrusted property, then the reflection of these transactions in accounting is carried out in the generally established manner.

(8) Art. 2 of the Federal Law of December 6, 2011 No. 402-FZ

(9) Order of the Ministry of Finance of Russia dated November 28, 2001 No. 97n (as amended on October 25, 2010)

Financial statements

The accounting statements of the founder and the manager are different.

The founder’s reporting on the DDU fully includes the data provided by the trustee on assets, liabilities, income, expenses and other indicators, by summing up similar indicators. The founder of trust management reflects the residual value of fixed assets transferred to trust management on the line “Fixed assets” of the balance sheet (10). If there is a large number of fixed assets on the organization’s balance sheet or there is a need to show separately the most significant groups of these objects, the organization can enter additional lines to the “Fixed Assets” column.

The founder's accounting records must be compiled on the basis of the manager's reports. The form of such reports is not established by law, but since January 1, 2013, the forms of primary documents are not mandatory for use (11). In this case, the forms of primary accounting documents are approved by the head of the economic entity on the recommendation of the official responsible for maintaining accounting records. Thus, it is advisable to consolidate the reporting forms, on the basis of which the financial statements will be generated, in the DDU property.

It should be noted that the balance sheet of the management founder does not include data on account 79 “Intra-business settlements” and the subaccount “Settlements under the property trust management agreement”.

Features of the preparation of financial statements by a trustee are as follows. Fixed assets transferred under the DDU are accounted for on a separate balance sheet and separately from the manager’s own property. Data on such objects as their own assets must be shown not by the manager, but by the founder of the trust management. Accordingly, the trustee must promptly provide the founder with information about fixed assets. Therefore, we recommend that the contract correctly establish reporting forms, the frequency of their submission and other features relating to accounting and reporting documentation for the DDU.

(10) order of the Ministry of Finance of Russia dated July 2, 2010 No. 66n

(11) Federal Law of December 6, 2011 No. 402-FZ

Taxation of entrusted property

Income tax

Taxation of transactions on DDU with property is carried out on the basis of Article 276 of the Tax Code.

The tax base for income tax will depend on whether the founder of the management is the beneficiary or not.

The income of the founder of trust management under the agreement is included in his revenue or non-operating income.

Expenses associated with the implementation of DDU with property (including depreciation of property, as well as remuneration of the trustee) are recognized as expenses associated with the production or non-operating expenses of the management founder.

Please note that expenses associated with the implementation of trust management are recognized as expenses of the trustee unless the agreement provides for their reimbursement by the founder of the management (12).

In this case, the trustee is obliged to determine on a monthly accrual basis income and expenses for the trust management of property and provide the founder (beneficiary) with information about the income received and expenses for their accounting when determining the tax base.

Let us recall that from January 1, 2013, losses from trust management are not taken into account for income tax purposes by either the founder or the beneficiary (13). However, in the case where the founder is also a beneficiary, he has the right to recognize for tax purposes losses incurred during the validity period of the trust agreement from the use of the entrusted property.

The operation of transferring property into trust management is not subject to VAT. This is explained by the fact that when property is transferred to trust management, ownership of it does not pass to the trustee. Consequently, such an operation is not recognized as an implementation, i.e. is not a transaction recognized as an object of VAT taxation (14).

But the sale of products obtained as a result of property management will be subject to VAT.

At the same time, if property is transferred to management by an individual who is not a VAT payer, then the use of this property (for example, rent) will generate a VAT taxable base even if the management company is also not a VAT payer (for example, is on the simplified tax system) (letters of the Ministry of Finance of Russia dated April 12, 2007 No. 03-07-14/13, dated December 18, 2006 No. 03-04-14/27).

Property tax

Property transferred into trust management, as well as property acquired under a trust management agreement, is subject to taxation from the trust management founder (15).

Since the property does not become the property of the trustee, he is not responsible for paying property taxes.

Government duty

The transfer of real estate into trust management is registered in the Unified State Register of Rights to Real Estate and Transactions with It as an encumbrance of the ownership of it (16). The state fee for state registration of restrictions (encumbrances) on rights to real estate is paid by organizations in the amount of 15,000 rubles. (17).

The peculiarity of paying the state duty is that it is paid by the founder of the management and the trustee in equal shares (18).

Thus, trust management of property has a number of features related to both taxation and accounting.

Yu.V. Kapanina, certified tax consultant

Have you entrusted the management of your property?

How can a founder (beneficiary) take into account transactions related to a trust management agreement?

In , we talked about the features of drawing up documents under a trust management agreement. Moreover, information about document flow will be useful to all participants in this agreement. We also talked about reflecting transactions under such an agreement in the accounting and tax records of the trustee. And you will learn from this article how to keep records and fill out reports for the founder of the management and the beneficiary - a third party.

Accounting with the founder of management

Accounting

Let's look at accounting using an example.

Example. Accounting for transactions related to trust management of property

/ condition / In December 2015, the company accepted for accounting as a fixed asset the acquired building of a shopping center at an initial cost of RUB 56,760,000. From 01/01/2016, depreciation is charged on the building. The useful life (taking into account the service life of the previous owner) is 264 months, the amount of monthly depreciation is 215,000 rubles.

On 04/01/2016, the trust management agreement came into force, and the company transferred the building to management for 3 years to rent it out, becoming the founder of the management - the beneficiary. The amount of depreciation accumulated as of April 1 is 645,000 rubles.

Let us assume that in one of the reporting periods the profit due to the founder of the management, according to the report of the trustee, amounted to 2,260,000 rubles.

/ solution / Make the following entries in your accounts and pp. 4-6 Instructions, approved. By Order of the Ministry of Finance dated November 28, 2001 No. 97n (hereinafter referred to as the Directives).

Contents of operation	Dt	CT	Amount, rub.
On the date of transfer of property
The building has been transferred to a trustee	79 “Intra-business settlements”, sub-account “Settlements under a property trust management agreement”	01 "Fixed assets"	56 760 000
The amount of accrued depreciation transferred			645 000
As of the date of the manager's report
Profit under the trust management agreement is reflected	79, subaccount “Settlements under a property trust management agreement”	90 “Sales”, subaccount 1 “Revenue” (91 “Other income and expenses”, subaccount “Other income”)	2 260 000
Received from the VAT manager, accrued on remuneration	19 "VAT"	79, subaccount “Settlements under a property trust management agreement”	43 200
VAT on remuneration is deductible	68 "VAT"	19 "VAT"	43 200
On the date of receipt of money
Received money from the trustee	51 “Current account”	79, subaccount “Settlements under a property trust management agreement”	2 260 000
On the date of termination of the contract
The building was returned to the founder of the management	01 "Fixed assets"	79, subaccount “Settlements under a property trust management agreement”	56 760 000
The amount of accrued depreciation is accepted (RUB 645,000 + (RUB 215,000 x 36 months))	79, subaccount “Settlements under a property trust management agreement”	02 “Depreciation of fixed assets”	8 385 000
When receiving the balance of money from the manager on a separate current account, an entry is made: debit account 51 “Settlement account” - credit account 79, subaccount “Settlements under the property trust management agreement”. Closing of the sub-account “Settlements under the property trust management agreement” is reflected by the posting: debit account 79, sub-account “Settlements under the property trust management agreement”, – credit account 99 “Profits and losses”

When preparing financial statements, the founder of the management must include in it the data presented by the trustee on assets, liabilities, income, expenses x clause 7 of the Instructions. Since the founder receives such information as part of the financial statements prepared by the manager, he simply needs to summarize the received data with similar indicators in his statements (for example, the indicator on line 1150 of the balance sheet must be increased by the residual value of fixed assets transferred to trust management).

By the way, the balances on account 79, subaccount “Settlements under the property trust management agreement”, are not reflected in the balance sheet clause 7 of the Instructions. Since the balances on the debit (credit) of account 79-3 in the accounting of the management founder will be equal (with proper accounting) to the credit (debit) of the same account in the separate accounting of the manager. And when the founder draws up a balance sheet, the debit and credit of account 79 will overlap each other.

Let us also note that if under the trust management agreement the beneficiary is a third party, then the founder of the management does not make an entry in his accounting to reflect income.

VAT

Let’s say right away that questions regarding VAT during trust management concern only the founder of the management who applies the OSN (simplified people are not VAT payers pp. 2, 3 tbsp. 346.11 Tax Code of the Russian Federation).

VAT on transfer of property. Since, when transferring property into trust management, the ownership of it does not pass to the manager, such transfer is not subject to VAT. clause 1 art. 1012 Civil Code of the Russian Federation; clause 1 art. 39, paragraph 1, art. 146 Tax Code of the Russian Federation.

According to the Federal Tax Service specialist, the founder must restore the input VAT previously accepted for deduction on the transferred property from subp. 2 p. 3 art. 170 Tax Code of the Russian Federation; Letters of the Federal Tax Service dated 05/03/2012 No. ED-4-3/7383@; Ministry of Finance dated November 14, 2011 No. 03-07-11/311.

FROM AUTHENTIC SOURCES

Advisor to the State Civil Service of the Russian Federation, 2nd class

“ Transfer of property into trust management is not subject to VAT clause 1 art. 146, Art. 39 Tax Code of the Russian Federation. Therefore, the company transferring property into trust management is obliged to restore the amount of input tax on this property that was previously legally accepted for deduction. In this case, the restoration of the tax amount is carried out in the manner established by subparagraph. 2 p. 3 art. 170 of the Tax Code of the Russian Federation.”

At the same time, there are court decisions that support a different position: Art. 170 of the Tax Code of the Russian Federation contains an exhaustive list of cases in which VAT accepted for deduction is subject to restoration, and the transfer of property into trust management is not included in this list Resolution of the Federal Antimonopoly Service of the North-West District dated January 31, 2014 No. A26-600/2013; FAS North Caucasus Region dated September 30, 2011 No. A32-23383/2010.

In the case where the founder of the management has not previously claimed a deduction for the transferred property, according to the judges, its transfer to trust management does not interfere with the deduction if this property will be used by the trustee in a VAT-taxable transaction x clause 2 art. 171, paragraph 1, art. 172 Tax Code of the Russian Federation; Resolution of the AS PO dated October 28, 2014 No. A12-2328/2013 (Decree of the Supreme Court dated February 24, 2015 No. 306-KG15-320 refused to transfer the case for consideration by the Judicial Collegium for Economic Disputes).

VAT upon execution of a trust management agreement. All responsibilities under this agreement are assigned to the trustee clause 1 art. 174.1 Tax Code of the Russian Federation. That is, the founder of the department does not calculate or pay VAT on these transactions.

Accordingly, VAT is not paid on the income received by the founder under the trust management agreement.

In this case, the VAT presented to the founder of the management in the manager’s remuneration can be deducted from him Resolution of the Presidium of the Supreme Arbitration Court of July 15, 2010 No. 2809/10.

Income tax

The rules for generating income and expenses for the management founder depend on who, according to the agreement, will be the recipient of the income, that is, the beneficiary.

SITUATION 1. The founder of the management is the beneficiary.

The income of the management founder, based on the manager’s report, is included in his revenue or non-operating income, depending on the type of income received and in accordance with the accounting policy clause 2 art. 276 Tax Code of the Russian Federation. In this case, non-operating income from trust management is taken into account on the last day of the reporting (tax) period and para. 4 subp. 5 paragraph 4 art. 271 Tax Code of the Russian Federation.

WE TELL THE MANAGER

In the trust agreement It is better to provide remuneration for the manager. Without this, it turns out that the manager provides services free of charge, which means that the founder must include their market value in non-operating income clause 8 art. 250 Tax Code of the Russian Federation.

Accordingly, costs associated with the execution of the trust management agreement (including depreciation of property and remuneration of the trustee), depending on their type, are also recognized clause 2 art. 276 Tax Code of the Russian Federation:

• <или>costs associated with production;
• <или>non-operating expenses.

Let's see how the founder can show data on such income and expenses in the income tax return.

Example. Reflection in the declaration of transactions related to trust management of property

/ condition / Let's use the data from the previous example. Let's assume that the manager's report states:

• income from rental property (excluding VAT) - RUB 3,000,000;
• costs associated with the execution of the contract - 740,000 rubles. (of which: depreciation of the building - 215,000 rubles, remuneration of the manager - 240,000 rubles, other reimbursable expenses - 285,000 rubles).

/ solution / To reflect the received data, the founder needs to fill out Appendix No. 3 to sheet 02 of the income tax return. clause 8.4 of the Procedure, approved. By Order of the Federal Tax Service dated November 26, 2014 No. ММВ-7-3/600@.

Indicators	Line code	Amount in rubles
1	2	3
...
	210
	211	Here the amount of non-operating income allocated from the total amount of income is indicated, which is then transferred to line 100 of Appendix No. 1 to sheet 02
	220
including non-operating expenses	221	Here you need to enter the amount of non-operating expenses allocated from the total amount of expenses. This indicator is included in line 200 of Appendix No. 2 to sheet 02
Losses received in the reporting (tax) period under a property trust management agreement	230	If, as a result of the manager’s activities, losses are incurred (expenses exceed income), the amount of these losses does not need to be reflected here. Since this line shows only those losses that are not taken into account for the purposes of calculating income tax. But in a situation where the founder is a beneficiary, there are no such restrictions
...
Total sales revenue from operations reflected in Appendix No. 3 to Sheet 02 (sum of lines 030, 100, 110, 180 (210 – 211), 240 of Appendix No. 3 to Sheet 02)	340
	350
	360

If the founder has no other taxable income other than income from trust management, then he needs to pay only quarterly advance payments (within a quarter, monthly advance payments are not paid) regardless of the amount of quarterly income received in clause 3 art. 286 Tax Code of the Russian Federation. But if you have other income, advance payments are made to the budget in accordance with the generally established procedure. Letters of the Ministry of Finance dated February 26, 2013 No. 03-03-06/1/5366, dated August 15, 2011 No. 03-03-06/1/485.

When, upon termination of the contract, the property that was in trust management, the manager transfers back to the founder:

• The founder does not generate any income. It also does not matter whether the value of this property increased or decreased during the period of trust management; the corresponding difference is not taken into account when calculating income tax. clause 4 art. 276 Tax Code of the Russian Federation;
• the founder determines the tax residual value of the property taking into account the depreciation accrued during the period of validity of the trust management agreement and continues to depreciate it, as before Art. 332 Tax Code of the Russian Federation.

SITUATION 2. The founder is not a beneficiary. Then the tax base for trust management of property is determined by the beneficiary clause 3 art. 276 Tax Code of the Russian Federation.

In such a situation, the founder can take into account only the manager’s remuneration as non-operating expenses when calculating income tax, if, according to the terms of the agreement, it is paid at the expense of the founder’s funds. subp. 2 p. 3 art. 276 Tax Code of the Russian Federation. Any other expenses related to the contract are not taken into account for tax purposes. clause 47 art. 270, sub. 3 p. 3 art. 276, Art. 332 Tax Code of the Russian Federation.

FROM AUTHENTIC SOURCES

Advisor to the State Civil Service of the Russian Federation, 3rd class

“If, under the terms of the trust management agreement, the founder of the management is not a beneficiary, then depreciation on the property transferred to management is accrued and taken into account when taxing the beneficiary’s profit during the validity period of the trust management agreement subp. 2 p. 3 art. 276 Tax Code of the Russian Federation.

When returning property to the founder, depreciation accrued on this property by the beneficiary during the period of validity of the agreement is not taken into account by the founder for the purpose of calculating income tax. Art. 332 Tax Code of the Russian Federation” .

Property tax

Despite the fact that the fixed asset transferred to trust management is accounted for by the founder of the management on account 79 “Intra-business settlements”, and not on account 01 “Fixed assets”, he still remains its owner. Therefore, in relation to this OS, it is the founder of the management who must submit declarations and pay property tax clause 1 art. 374, paragraph 1, art. 378 Tax Code of the Russian Federation.

Accounting with the beneficiary - a third party

Accounting

To reflect in accounting transactions related to trust management in the interests of the beneficiary, make the following entries and pp. 8-10 Directions.

VAT

Receipt of income under a trust agreement does not entail VAT consequences for the beneficiary, since he does not provide any services to anyone.

Income tax

Income under the trust management agreement, depending on their type, is included by the beneficiary as part of his income from sales or non-operating income in clause 3 art. 276 Tax Code of the Russian Federation.

Attention

If, under the terms of the property trust management agreement, there is more than one beneficiary, then income and expenses are taken into account for them in proportion to the share due to them. subp. 4 p. 3 art. 276 Tax Code of the Russian Federation.

At the same time, the beneficiary can include in “profitable” expenses subp. 2 p. 3 art. 276 Tax Code of the Russian Federation:

• the costs of the trustee incurred by him within the framework of the trust management agreement, only if the agreement provides for their compensation;
• the trustee's remuneration, provided that it is paid by reducing the income received as part of the execution of the trust management agreement.

The beneficiary for tax purposes will not be able to take into account losses received under the trust management agreement subp. 3 clause 3. art. 276 Tax Code of the Russian Federation.

Let us show with an example how to reflect the financial results of the activities of a trustee.

Indicators	Line code	Amount in rubles
1	2	3
...
Income of the founder of trust management (income of the beneficiary) received under the trust management agreement for property	210
including non-operating income	211
Expenses of the trust management founder (beneficiary) associated with the implementation of the property trust management agreement
Total expenses for operations reflected in Appendix No. 3 to Sheet 02 (sum of lines 040, 120, 130, 190 (220 – 221), 250 of Appendix No. 3 to Sheet 02)	350
Losses on transactions reflected in Appendix No. 3 to Sheet 02 (sum of lines 060, 150, 160, 201, 230, 260 of Appendix No. 3 to Sheet 02)	360	This amount is transferred from line 230. Then the amount of loss is included in line 050 of sheet 02, in which the amounts of losses that are not accepted when calculating income tax are restored

Participants in a trust management agreement can apply the simplified tax system only with the object of taxation “income minus expenses” clause 3 art. 346.14 Tax Code of the Russian Federation. But there are no special provisions for accounting for these incomes and expenses in the Tax Code of the Russian Federation. Therefore, simplifiers need to rely on the general norms that we have described. But there are still differences:

• The costs of the management founder for paying remuneration to the trustee are not taken into account when calculating the simplified tax system, since they are not mentioned in the closed list of “simplified” expenses clause 1 art. 346.16 Tax Code of the Russian Federation; Letter of the Ministry of Finance dated May 12, 2012 No. 03-11-06/2/67;
• Reimbursable expenses associated with the execution of a trust management agreement are taken into account when calculating the “simplified” tax, depending on whether a specific type of expense is indicated in the closed list in paragraph 1 of Art. 346.16 Tax Code of the Russian Federation;
• income of all participants in the trust management agreement is taken into account on the date of receipt of funds to the current account (in the cash register) clause 1 art. 346.17 Tax Code of the Russian Federation.

Despite the fact that the Russian financial market is relatively young by global standards, the history of its development is quite rich. For almost 30 years, since 1991, several eras of privatization, the bond market and the stock market have passed.

The stages of relationships between market participants and consumers changed. From a period when professional organizations had to literally prove their reliability and effectiveness, we smoothly moved on to a period of recognition and trust. In many ways, this became possible thanks to the development of high-tech systems that make it possible to establish interaction between all market participants.

The regulator has no less influence on the behavior of market participants. If at the very beginning of the formation of the financial market there was no regulatory legislation, then in recent years there has been a tightening of the policy of the Central Bank (CB) and self-regulatory organizations in relation to non-credit financial organizations (NFIs).

Evidence of this is the new requirements that all organizations must comply with. For example, the XBRL format for reporting became mandatory in 2018, with the help of which it is planned to increase the reliability of the transmitted information. Or new legislative acts that are designed to counteract unfair practices in the financial market. The Central Bank has issued a concept of the same name, which should protect the interests of NFO clients, as well as the organizations themselves. All the Central Bank’s requirements are based on transparent information exchange between all parties.

In this regard, no NFO today can operate without promptly receiving and processing information coming from various sources. Timely and reliable reports are necessary for making management decisions and for improving the efficiency of operations in general. In addition, you need to report not only within the company, but also to clients and the regulator.

That is why optimization of business processes and reporting preparation are the most important tasks of all non-profit organizations. Specialized accounting programs can help solve these problems.

The main criterion for choosing an automation system is the ability to process and analyze data, a convenient type of presentation of information and the number of supported types of accounting.

The 1C-Rarus company has extensive experience in the development and implementation of solutions in the non-credit financial institutions industry. The line of solutions is represented by several products that take into account the specifics of each industry segment:

• "" automates the accounting and tax accounting of non-credit financial organizations, including professional participants in the securities market, mutual fund management companies, microfinance organizations and credit consumer cooperatives. Provides the ability to keep records on a unified chart of accounts, taking into account the requirements of industry accounting standards (ASBU) for non-financial organizations.
• suitable for automating internal accounting of professional participants in the securities market, including credit institutions (banks). The product supports accounting for dealer and brokerage activities, and asset trust management. The program allows you to maintain internal accounting and receive reports in accordance with the latest regulations of the Central Bank.
• designed to automate depository accounting of organizations operating in the securities market. The product allows you to keep records and receive reports in accordance with the latest regulations of the Central Bank of the Russian Federation for depository activities.
• used to automate the accounting of open-ended, interval and closed-end mutual investment funds of all types. The program allows you to keep records and receive in accordance with the latest regulations of the Central Bank.
• for "1C: Accounting 8" is designed to automate accounting and tax accounting on the securities market in accordance with the principles of RAS. The solution is used by professional participants in the securities market who have a professional participant’s license to carry out activities related to trust management of securities to maintain records for trustee clients who are not non-credit financial institutions. It can also be used by other organizations engaged in the purchase and sale of securities, for which this type of activity is not the main one.

For all of the listed solutions (with the exception of “1C-Rarus: Securities Accounting, Edition 3”), an XBRL module is provided.

The use of modern automated systems on the 1C:Enterprise 8 platform helps financial companies professionally organize current operational activities, easily and conveniently maintain accounting and tax records, and obtain various analytical information for making important management decisions.

The most popular and understandable investments for Belarusians are bank deposits and real estate. But “deposit” games in Belarusian rubles seem to have already come to their logical conclusion, interest on foreign currency deposits is steadily declining, and the return on investment in real estate during the crisis is not always obvious.

Abroad, there is a huge selection of financial instruments that, with the right approach, allow both individual investors and corporate clients to increase their assets. To help investors in global financial markets, a powerful infrastructure has been created - investment banks, brokerage companies, hedge funds. What should Belarusians do who have saved up some money and want to increase it? Who can you trust with your honestly earned assets?

Where to find the overlords of futures and options?

The individual trust management service in Belarusian realities is the bank’s assistance in investing the client’s free funds in foreign assets - stocks, bonds, options, futures, shares of various funds. For placing funds, as a rule, the bank takes a fixed amount of remuneration in the amount of 1-2% of the investment amount. If the investment is profitable, then an additional bonus is added to the base payment in the form of a percentage of the profit received.

In Belarus, large banks offer individual trust management services- Alfa-Bank, Belagroprombank, BPS-Sberbank, Belarusbank, Priorbank.

It should be noted that the individual trust management service is intended for wealthy people. The investment entry threshold for most banks is 50-100 thousand US dollars. Perhaps Alfa Bank has the most loyal requirements. Here, interest to investors begins with an amount of $10,000.

But in general, the amount of investment depends on the chosen strategy.

Trust or verify: types of trust management

People interested in investing in foreign securities are not only not poor, but in most cases they are also financially literate. As a rule, there are three types of trust management:

• full trust management,
• by agreement;
• by order.

In a full trust, the manager makes all investment decisions, notifying the investor of the results. This service is suitable for clients who do not have sufficient knowledge about the stock market and do not want to delve into the intricacies of investing.

When managing by agreement, decisions on the formation of an investment portfolio are made after consultation of the manager with the owner of the assets. A full order implies transactions for the purchase and sale of securities solely under the responsibility of the client. Investing by order and agreement is chosen by clients who understand the nuances of the stock market and are prone to analysis.

"Pamyarkonny" investments: what strategies do Belarusians choose?

Trust management is a long-lasting service. To see the result you need to be patient. The minimum period for investment is 1 year. Better yet, more - two or three years. Therefore, the money that clients bring to the bank is definitely not the last resort. Investors are people who already have a certain capital and the social status attached to it. According to an Alfa-Bank specialist, 90% of clients using the trust management service are men aged 30-50 years.

- Clients mostly choose a moderate strategy,- shares his observations Sergey Smolyakov. - It leads both in the number of clients and in the amount of deposited funds. This is the optimal balance between the desire to take risks and earn money. In this case, the profitability will be higher than in a conservative strategy, but the risk is lower than in an aggressive strategy. With a balanced strategy, we buy shares (which are more characteristic of an aggressive strategy) and bonds (which have a fixed stable income) of companies (debt and equity securities) and thus achieve balance.

As of July 1, 2015, the average quarterly return on Alfa-Bank’s client portfolio was 9%.

The only one in the field is not an investor

In order to enter world stock markets and freely buy foreign securities, Belarusian citizens must have a special permit from the National Bank. Large banks don't need this. They already have all the necessary licenses and permits.

If a Belarusian citizen wants to cooperate directly with a foreign broker, he will face many difficulties in the process of concluding an agreement, opening an account, transferring and withdrawing funds. In addition, when working directly, the amount of commissions paid to the broker for transactions with securities increases significantly.

In addition, the bank is a tax agent, then responsible for the calculation and payment of all taxes on income received as part of investments in foreign securities.

Well, the light does not converge like a wedge on bank deposits. However, you should understand that you should not engage in trust management with your last money. Belarusian bankers recommend diversifying your savings and not putting all your eggs in one basket.