"Accounting. Taxes. Law", N 35, 2004

The lessor applies input VAT on the leased asset immediately after it is registered. At the same time, on whose balance sheet the object will subsequently be listed does not matter. These are the explanations of the Ministry of Taxes of Russia, presented in Letter dated June 29, 2004 N 03-2-06/1/1420/22. But it does not disclose another very important question: when to charge VAT to the budget on the redemption value of the property? We will give two possible answers to this.

Example. The lessor purchased property for leasing at a cost of 151,200 rubles, including VAT. The amount of the leasing agreement is 216,000 rubles, including VAT. The property will be recorded on the lessee's balance sheet. Leasing term - 3 years. At the end of the contract, the property becomes the property of the lessee. The lease payment consists of 70 percent of the redemption value of the property, and 30 percent of the payment for the use of the property. The organization determines the tax base for VAT “on payment”.

The following entries will appear in the accounting:

Debit 08 Credit 60

RUB 128,135.59

• the leased asset was purchased;

Debit 19 Credit 60

RUB 23,064.41

• the amount of VAT is reflected;

Debit 60 Credit 51

• the leased item has been paid to the supplier;

Debit 03 Credit 08

RUB 128,135.59

• The leased asset is included in the income-generating investments.

VAT is accepted for deduction in the period when the general rules established by Articles 171 and 172 of the Tax Code of the Russian Federation are observed. That is, after the object is accepted for accounting, after its payment and in the presence of an invoice. In this case, it does not matter on whose balance sheet the leased object is taken into account. This point was clarified by the Russian Ministry of Taxes in Letter dated June 29, 2004 N 03-2-06/1/1420/22:

Debit 68 Credit 19

RUB 23,064.41

• accepted for deduction of VAT on the purchased leased asset.

At the time of transfer of the leased asset to the lessee’s balance sheet, the lessor’s income reflects the value of this property. At the same time, the leased asset is written off from the balance sheet (Order of the Ministry of Finance of Russia dated February 17, 1997 N 15):

Debit 76 Credit 91-1

• the lessee's debt for the leased item is reflected;

Debit 91-2 Credit 03

RUB 128,135.59

• the value of the property has been written off.

Debit 91-3 Credit 76 subaccount "VAT deferred"

RUB 23,064.41

• deferred VAT is reflected.

We will record the difference between the value of the property and the total amount of payments:

Debit 76 Credit 98

• income of future periods is reflected.

Thus, account 76 reflects the full debt of the lessee under the agreement.

When lease payments are received, the following entries will appear:

Debit 51 Credit 76

(RUB 216,000: 36 months)

• lease payment received.

Let's reflect the rental payments:

Debit 98 Credit 90-1

(RUB 6,000 x 30%)

• revenue from the rental of the leased asset is reflected;

Debit 90-3 Credit 68

• VAT is charged for payment to the budget on the rental payment.

We have already reflected the redemption price as part of income. As payments are received, only VAT entries should appear in accounting:

Debit 76 subaccount "VAT on advances" Credit 68

(6000 rub. x 70% x 18: 118)

• the amount of VAT is reflected.

After completion of settlements and transfer of ownership:

Debit 76 subaccount "VAT deferred" Credit 68

RUB 23,064.41

• VAT is charged on the sold leased asset;

Debit 68 Credit 76 subaccount "VAT on advances"

RUB 23,064.41

• VAT on advances has been deducted.

In the accounting policy “for shipment” there is a controversial point - the date of accrual of VAT on the redemption value of the property. Namely: tax authorities may require VAT to be charged to the budget at the time of transfer of property and presentation of shipping documents, despite the fact that ownership has not yet been transferred. In this case, they will refer to the norms of Article 167 of the Tax Code of the Russian Federation.

However, this position is controversial. The ownership of the leased asset does not pass at the moment of transfer of the latter, that is, there is no sale for the purposes of calculating VAT (clause 1 of Article 39, Article 146 of the Tax Code of the Russian Federation). The object of taxation arises much later, only after full payment of the redemption price of the property.

E.V. Lunichkina

Based on Art. 665 of the Civil Code of the Russian Federation, a leasing agreement refers to rental agreements. Leasing payments for the lessee are equivalent to rental payments.
Under a leasing agreement, the lessee often pays an advance payment to the lessor. The lessee has the right to deduct VAT from the advance payment if he has an invoice from the lessor (clause 12 of Article 171 of the Tax Code of the Russian Federation). Next, the lessee makes monthly lease payments and restores the VAT previously claimed for deduction in relation to the advance payment (subclause 3, clause 3, article 170 of the Tax Code of the Russian Federation).
It happens that, in accordance with the leasing agreement, the lessee pays the lessor an initial lease payment that significantly exceeds the amount of subsequent monthly payments. This payment is not an advance payment, so if the organization has an invoice, it can deduct VAT in respect of such payment in full. It happens that tax authorities require tax deductions on the initial lease payment in equal amounts during the term of the agreement. The courts come to the defense of taxpayers and consider this position of the tax authorities to be illegal (Resolution of the Federal Antimonopoly Service of the Ural District dated January 25, 2010 No. Ф09-11300/09-С2 in case No. А60-29890/2009-С6).
For monthly lease payments, VAT presented by the lessor is accepted for deduction if there are invoices and they are reflected in the purchase book. Moreover, it does not matter whether the payment is made to the lessor or not, the lessee deducts VAT during the period when legal grounds for applying such a deduction arise (invoice from the lessor).
VAT amounts included in the redemption price are accepted for deduction after the transfer of ownership of the leased property to the lessee (subclause 1, clause 2, article 171, clause 1, article 172 of the Tax Code of the Russian Federation).
The financial department indicates that the lessee has the right to deduct VAT regardless of whose balance sheet (the lessor or the lessee) the leased asset is accounted for (Letter of the Ministry of Finance of the Russian Federation dated November 22, 2004 No. 03-03-01-04/1/128).
To confirm the right to deduction, the following documents are needed: a leasing agreement, a schedule of leasing payments, documents confirming payment of leasing payments, an acceptance certificate for leased property. Ministry of Finance officials spoke about this in Letter dated 09.11.06 No. 03-03-04/1/745. If the subject of leasing is real estate, officials recommend drawing up a monthly act on the provision of services for leasing real estate (Letter of the Ministry of Finance of the Russian Federation dated 06/07/06 No. 03-03-04/1/505).

If you really need to buy a car, but there is no money to buy a car, you can use the services of leasing companies. The company, at the buyer’s request, selects a supplier and the required car model, buys the car from him and leases it to the client under certain conditions. The company itself ultimately receives its share of the money from all payments, and the remaining funds go to pay for the cost of the car. In accordance with the law, the provision of such services is subject to VAT taxes, which entails the possibility of obtaining deductions.

Leasing system

There are many examples of using this method of buying a car: a fleet of minibuses or taxis, a fleet of executive cars, or a simple purchase of a car by an individual. Leasing companies have different conditions for providing services, but the main criteria remain the following.

1. Car purchase price.
2. Advance at the time of purchase.
3. Bid.
4. The duration of the lease under the signed contract.
5. Frequency of payments.
6. Redemption cost.
7. Payment method.

The very concept of the term “leasing” translated from English means the rental of movable or immovable property, with subsequent purchase by the leasing organization. The leasing company is the owner of such property until the term of the agreement under which an individual or legal entity leases such property for a certain period expires. And for the entire time you use the property of the leasing company, you must pay a fee.

To conclude a leasing, 2 contracts are signed: between the leasing company and the car supplier and between the leasing company and the car buyer.

Structure of the VAT Law

According to the law, paragraph 7 of Art. 258 of the Tax Code of the Russian Federation, a car received as a result of a finance lease must belong to the depreciation group of the party that has it on its balance sheet. And for this you need an assessment of the cost of the car, which will be equal to the amount of all leasing payments excluding VAT.

Therefore, legal entities leasing real estate vehicles can refund VAT, the rate of which is 18%, and both parties to the transaction are required to pay it. To receive a deduction, you must follow these rules:

• use the car in a field of activity that is subject to VAT;
• the car must be registered with the organization;
• availability of invoices with a line for the VAT amount;
• availability of documents confirming payment (leasing agreement, which includes: an act of acceptance and transfer of leased movable property, a payment schedule and documents confirming payment).

There are many different interpretations of the interpretation of this law, so it would not hurt to provide monthly documents that would confirm the lease. The period for which a VAT refund can be claimed must be the time when the buyer received grounds to apply it.

At the moment, they are based on the provided monthly invoices, on the basis of which the period of legal support for claiming VAT deduction is calculated. But at the same time, there should be no reasons preventing the tax authorities from carrying out a VAT refund, namely:

• non-cash method was used for payments;
• lack of documents confirming payment or provision of leasing services;
• the organization was in bankruptcy when applying for a VAT refund;
• Large amounts of loan amounts were used by organizations.

Therefore, VAT is calculated from the amount of payments for the lease of property taken in full, from which the leasing company deducts the amount that was paid to the seller for leasing as some kind of compensation.

If a car is on the balance sheet of a leasing company, its expenses are considered to be leasing payments, which are part of the cost of the car and automatically reduce the income tax base. Otherwise, the car is on the buyer’s balance sheet: all leasing payments and depreciation are an expense part of the buyer’s budget. But payments are taken into account minus depreciation amounts.

If the amount of the monthly payment exceeds the amount of depreciation until the end of the repayment period of the leasing cost of the car, only the amount of accrued depreciation will be included in the amount of expenses, and when the accrual of depreciation amounts stops, the expenses will include the entire amount of payment under the leasing agreement, but excluding VAT.

Leasing accounting

Initially, it is necessary to pay an initial advance for receipt, which is not an expense for the buyer. And if the buyer has all the necessary documents along with the deed, the advance amount added to the accounting can be posted in several ways

1. On the date of payment of the first leasing payment (one-time payment).
2. On the date of payment of the last leasing payment (one-time payment).
3. Throughout the entire period of payment of leasing payments under the contract, evenly and, thereby, reducing the amount of the monthly payment.

After the leasing company has received the first advance payment, it has the right to present the buyer with an invoice for the amount of the advance payment within 5 days. In this case, you can calculate the amount of VAT using the estimated rate. The buyer can accept input VAT from the advance payment as a deduction, but in the presence of all the necessary documents.

Each time you pay a monthly payment and receive an invoice from the leasing company, the amount of VAT declared by the company is deducted when the advance leasing payment is credited. Carefully read the agreement with the specified equal offset of the advance payment throughout the entire term of the agreement; the expense will be qualified as an expense for a future period, and will also be taken into account evenly in tax accounting.

Pros and cons of using leasing

What is the benefit of buying a car for the general population and legal organizations, because you can just go and get a loan in your name, and then pay according to the same scheme? But in order to take out a loan, it is often necessary to prove the ability to repay the loan and provide property as collateral. But not every organization has such property on its balance sheet, so it’s faster and easier to lease a car. Thus, the loan gives the authority to pay income tax, and leasing is completely interpreted as additional costs, and if you also pay VAT, then all obligations to the state in the form of taxes are significantly reduced.

When purchasing a car from a leasing company, you can easily solve all problems related to repairs, maintenance, insurance and servicing of the car by the leasing company. And also in the event of car accidents or accidents, breakdowns or malfunctions, all questions and problems fall on the shoulders of the management of the leasing company.

If you correctly conclude an agreement with the company, the car leased may be subject to return before the expiration of the agreement or earlier. To calculate payments, depreciation is also taken into account, which makes it possible to practically not pay the last payment. This type of acquisition of movable property is most beneficial for small businesses.

With all the many advantages, this type of service also has disadvantages. By taking the main burden of responsibility on the leasing company, the cost of the car is much higher than it could be on credit. The rates of payments made monthly, the down payment for a car, will also be higher, and if payments are late, the car can be taken away legally.

The list of negative aspects of using leasing also includes the low prevalence of such companies throughout the Russian Federation, so buyers from the outback cannot always find a similar organization in their region that provides leasing services. The leasing system has not been developed, and very often organizations providing leasing services have to join a banking structure. The buyer of a car through leasing is prohibited from renting out or using this property as a means of collateral. The buyer is obliged, at any time convenient for the parties, to provide complete reporting on the availability, use or any other information about the subject of the contract.

Tax authorities are very often picky about each item, and it is not always possible to recover the VAT deduction, therefore an important stage in concluding a leasing agreement is to take into account all possible shortcomings and quibbles on the part of the tax authorities.

An organization purchases a loader under a leasing agreement. The agreement states that the balance holder is the lessee, and the payer of the transport tax is the lessee. Initially, a commission fee of RUB 10,000 is provided. (including VAT), advance payment - 50,000 rubles. (including VAT), and subsequently a schedule of leasing payments of 20,000 rubles was established. for 12 months (including VAT). The redemption value of the leased property is set at RUB 60,000. How to reflect this operation in accounting and tax accounting? Can an organization recover VAT on commission fees and advance payments?

Having considered the issue, we came to the following conclusion:
VAT amounts on commission fees and leasing payments are subject to deduction as services are provided under the leasing agreement, regardless of the fact of transfer of ownership of the leased asset. In addition, the amount of VAT that will be presented by the lessor when purchasing the leased asset is subject to deduction. These deductions are made on the basis of invoices received from the lessor.
The amount of VAT paid as part of the advance payment can be deducted. In the future, this amount is subject to restoration in the part corresponding to the amount of VAT accepted for deduction on the next lease payment.

Rationale for the conclusion:
Under a financial lease agreement (leasing agreement), the lessor (lessor) undertakes to acquire ownership of the property specified by the lessee (lessee) from a seller specified by him and to provide the lessee with this property for a fee for temporary possession and use (Civil Code of the Russian Federation, Federal Law of October 29, 1998 N 164 -FZ “On financial lease (leasing)”, hereinafter referred to as Law N 164-FZ).
According to Law N 164-FZ, a leasing agreement may include conditions for the provision (including before the start of use of the leased asset) of additional services (including a commission fee), the list, volume and cost of which are determined by agreement of the parties.
Upon expiration of the leasing agreement, the lessee may acquire ownership of the leased item on the basis of a purchase and sale agreement (Law No. 164-FZ).

Tax accounting

The services of the lessor in providing previously acquired property, which is the subject of leasing, to the lessee for a certain fee and on the conditions specified in the leasing agreement for temporary possession and use with or without transfer of ownership of the specified subject of leasing are recognized as an object of VAT taxation on a general basis. Payment for these services is made by the lessee in the form of leasing payments (Tax Code of the Russian Federation, Ministry of Finance of Russia dated May 26, 2015 N 03-07-11/30227).
The amount of the commission for performing actions in pursuance of the leasing agreement, as well as other leasing payments, will also constitute the tax base for VAT on the basis of the Tax Code of the Russian Federation.
In this case, the taxpayer has the right to reduce the amount of VAT calculated in accordance with the Tax Code of the Russian Federation by the tax deductions established by the Tax Code of the Russian Federation (TC RF). The provisions of the Tax Code of the Russian Federation do not establish a special procedure for deducting VAT amounts on financial lease (leasing) services.
In this regard, for the purposes of the Tax Code of the Russian Federation in this situation, the lessee organization faces the following tax consequences:
1. VAT amounts on leasing payments are subject to deduction as services are provided under the leasing agreement, regardless of the fact of transfer of ownership of the leased asset (Ministry of Finance of Russia dated 03/19/2007 N 03-07-03/34, dated 04/08/2010 N).
The right to these deductions arises in the presence of invoices of the lessor, as well as under the conditions of using the leased asset for the purposes of carrying out operations that are subject to VAT, and the lessee accepting the services of the lessor for accounting (, Tax Code of the Russian Federation, Ministry of Finance of Russia dated March 13, 2013 N 03- 07-11/7654).
2. The lessee has the right to deduct the amount of VAT charged to him by the lessor upon receipt of an advance, which is carried out on the basis of an advance invoice issued by the lessor, documents confirming the actual transfer of the advance amount, and in the presence of a leasing agreement providing for the transfer of an advance (, Tax Code of the Russian Federation , Ministry of Finance of Russia dated January 23, 2012 N 03-07-11/18).
Moreover, since each leasing payment includes part of the amount of the previously paid advance, the amount of VAT previously accepted for deduction when paying it is subject to restoration as lease payments are made in amounts attributable to the parts of the advance that reduce leasing payments (Tax Code of the Russian Federation, Ministry of Finance of Russia dated November 28, 2014 N 03-07-11/60891, dated July 1, 2010 N, dated January 28, 2009 N, Federal Tax Service of Russia dated July 17, 2015 N SA-4-7/12693, determination of the Armed Forces of the Russian Federation dated November 24, 2014 N 304-KG14-3718, resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated December 5, 2011 N F01-4899/11 in case N A82-636/2011).
3. In this situation, the lessor will have to issue an invoice for the loader, indicating in this invoice the amount of the redemption value received in excess of the leasing payments and the corresponding tax amount. This invoice will be the basis for deducting VAT paid by the lessee in the purchase price (Tax Code of the Russian Federation, Ministry of Finance of Russia dated January 23, 2012 N 03-07-11/18, letters of the Ministry of Finance of Russia dated July 7, 2006 N 03-04- 15/131).

Income tax

The amount of the advance payment transferred to the lessor is not taken into account when determining the tax base for income tax (Tax Code of the Russian Federation).
The initial cost of a leased car is the amount of the lessor's expenses for its acquisition, delivery and bringing it to a condition in which it is suitable for use, minus VAT (Tax Code of the Russian Federation). At the same time, the Tax Code of the Russian Federation does not stipulate that this norm applies only to the lessor, so the lessee should also be guided by it (Ministry of Finance of Russia dated April 20, 2016 N 03-03-06/1/22656). Therefore, the initial cost of the leased asset in tax accounting may differ from its initial cost in accounting.
For profit tax purposes, rental (leasing) payments for rented (leasing) property are taken into account by the lessee after accepting the property for leasing as part of other expenses on the basis of the Tax Code of the Russian Federation in the manner established by the Tax Code of the Russian Federation. At the same time, the lessee-balance holder's rental (leasing) payments are taken into account in expenses minus the amount of depreciation on this property accrued in accordance with the Tax Code of the Russian Federation.
After the lessee pays all payments stipulated by the leasing agreement, the leased property ceases to be the subject of leasing and becomes the property of the lessee, that is, the property that has ceased to be the subject of leasing is disposed of and accepted for accounting as its own property. In this case, from the first day of the month following the month when the object was disposed of from the depreciable property, depreciation accrual stops (Tax Code of the Russian Federation).
The acquisition by the lessee of the leased asset at the end of the contract is taken into account for the purposes of calculating income tax as material expenses, since its cost in your case is less than 100 thousand rubles. (Tax Code of the Russian Federation) (see, for example, Ministry of Finance of Russia dated 07/11/2006 N 03-03-04/1/573, dated 04/24/2006 N, dated 09/14/2009 N).
The under-depreciated part of the cost of the leased asset at the end of the lease agreement is not taken into account as expenses (paragraph four of the Tax Code of the Russian Federation).
According to the terms of the agreement, payment of the commission for processing the leasing transaction is an expense of the lessee. Consequently, the amount of the commission does not form the initial cost of the property, but is taken into account as part of other expenses associated with production and sales, on the basis of the Tax Code of the Russian Federation (Ministry of Finance of Russia dated 01.02.2011 N 03-03-06/1/49, dated 25.06.2007 N ).
As a result, in the situation under consideration, the expenses of the lessee organization recognized for tax purposes will include the entire amount provided for in the leasing agreement:
- commission fee;
- during the validity of the leasing agreement - the amount of accrued depreciation on the leased property, as well as the amount of lease payments for the leased property, including the amount of the advance payment (minus the amount of accrued depreciation);
- after the purchase of the leased asset - the amount of the redemption value of the leased property (60,000 rubles), which is not recognized as depreciable property.
At the same time, please note that, like any expenses incurred by the taxpayer, these expenses must comply with the criteria for recognizing expenses for the purposes of calculating income tax established by the Tax Code of the Russian Federation, that is, they must be economically justified, documented and incurred to carry out activities aimed at obtaining income.

Accounting

When reflecting leasing transactions in accounting, you should be guided by:
- Instructions on the reflection in accounting of transactions under a leasing agreement, approved by the Ministry of Finance of Russia dated 02/17/1997 N 15 (hereinafter referred to as the Instructions) (see Information message of the Ministry of Finance of Russia dated 11/17/2014);
- PBU 6/01 “Accounting for fixed assets”;
- Methodological guidelines for accounting of fixed assets, approved by the Ministry of Finance of Russia dated October 13, 2003 N 91n (hereinafter referred to as the Guidelines).
1) Acceptance of the leased asset for accounting
On the lessee's balance sheet, the value of the leased property is formed on account 08 "Investments in non-current assets", sub-account "Purchase of individual fixed assets under a leasing agreement", taking into account the actual costs associated with obtaining this property, in correspondence with the credit of account 76, sub-account "Lease obligations" ". Then, upon commissioning, the cost of the leased asset is written off to account 01, subaccount “Property received under lease” (clause 8 of the Instructions, clauses 7, 8 of PBU 6/01).
The cost of leased property means the entire amount of payments due under the leasing agreement (excluding VAT) (clause 7, clause 8 of PBU 6/01). If the leasing agreement provides for the transfer of ownership of the leased asset after payment of lease payments and the redemption price, then in accounting, when registering the leased property with the lessee, its initial cost includes the entire amount of leasing payments and redemption value specified in the agreement ( without VAT).
According to Law N 164-FZ, leasing payments mean the total amount of payments under the leasing agreement for the entire term of the leasing agreement, which includes reimbursement of the lessor's costs associated with the acquisition and transfer of the leased asset to the lessee, reimbursement of costs associated with the provision of other services provided for in the leasing agreement , as well as the lessor's income.
The total amount of the leasing agreement may include the redemption price of the leased asset if the leasing agreement provides for the transfer of ownership of the leased asset to the lessee.
Law N 164-FZ provides that a leasing agreement may include conditions for the provision of additional services and additional work. Additional services (work) should be understood as services (work) of any kind provided by the lessor both before the start of use and during the use of the leased asset by the lessee and directly related to the implementation of the leasing agreement. The list, volume and cost of additional services (work) are determined by agreement of the parties.
Clause 8 of PBU 6/01, clause 24 of the Methodological Instructions contain an open list of actual costs for the acquisition, construction and production of fixed assets.
In our opinion, the commission fee (for example, for execution and maintenance of the contract) paid to the lessor, in the situation under consideration, should be included in the initial cost of the leased asset.
By virtue of clause 3 “Expenses of the organization” (hereinafter -), the advance paid to the lessor is not recognized as expenses of the lessee organization.
In the accounting records of the lessee, transactions under the leasing agreement are reflected in the following entries:
On the date of transfer of the advance:
Debit 76, subaccount "Advance payment under a leasing agreement" Credit 51
- 50,000 rub. (including VAT RUB 7,627.12) - advance payment under the leasing agreement is transferred;
Debit 68, subaccount "VAT calculations" Credit 76, subaccount "VAT on advance"
- 7627.12 rub. - accepted for deduction of VAT on an advance payment based on an invoice received from the lessor (if a decision is made to exercise the right to deduct).
On the date of transfer of the commission fee:
Debit 76, subaccount "Commission under leasing agreement" Credit 51
- 10,000 rub. (including VAT RUB 1,525.42) - the commission fee is transferred in accordance with the terms of the leasing agreement;

- 1525.42 rub. - accepted for VAT deduction based on an invoice received from the lessor.
The receipt of the leased asset in the accounting records of the lessee should be reflected in the following entries:
Debit 08 Credit 76, subaccount "Rental obligations"
- receipt of the leased asset is reflected;
Debit 08 Credit 76, subaccount "Commission under leasing agreement"
- the amount of the commission fee is taken into account in the initial cost of the leased asset;
Debit 19 Credit 76, subaccount "Rental obligations"
- VAT is allocated on the subject of leasing;
Debit 01, subaccount "Fixed assets received on lease" Credit 08
- the leased asset is accepted for accounting as part of fixed assets.
2) Leasing payments
Since, under the terms of the leasing agreement, the leased property is accounted for on the balance sheet of the lessee, the accrual of lease payments due to the lessor is reflected in the debit of account 76 “Settlements with various debtors and creditors”, subaccount “Lease obligations” in correspondence with account 76 “Settlements with various debtors and creditors” , subaccount "Debt on leasing payments" (clause 9 of the Instructions):
Debit 76, subaccount "Lease obligations" Credit 76, subaccount "Arrears on leasing payments"
- 20,000 rub. (including VAT RUB 3,050.85) - a lease payment has been accrued in the amount stipulated by the payment schedule;
Debit 68, subaccount "VAT calculations" Credit 19
- 3050.85 rub. - accepted for deduction of VAT in relation to the accrued lease payment;
Debit 76, subaccount "Debt on leasing payments" Credit 51
- 20,000 rub. - the amount of the lease payment is transferred in accordance with the schedule;
Debit 76, subaccount "Arrears on leasing payments" Credit 76, subaccount "Advance payment under a leasing agreement"
- part of the advance payment is offset in accordance with the terms of the contract (or based on the principle of uniformity);
Debit 76, subaccount “VAT on advance” Credit 68, subaccount “VAT calculations”
- VAT has been restored from the advance payment in the part corresponding to the VAT accepted for deduction on the leasing payment.
3) Redemption of the leased asset and transfer of the leased asset into the ownership of the lessee
When purchasing leased property and transferring it into the ownership of the lessee, subject to the repayment of the entire amount of leasing payments stipulated by the leasing agreement, an internal entry is made in accounts 01 “Fixed assets” and 02 “Depreciation of fixed assets” associated with the transfer of data from the subaccount for property received under lease , to a subaccount of own fixed assets (clause 11 of the Instructions).
That is, upon expiration of the contract and the purchase of the leased asset, the actual fixed asset - the loader - is actually registered with the initial cost corresponding to the initial cost of the leased asset. In relation to this fixed asset, the lessee should again determine the useful life in accordance with the provisions of clause 20 of PBU 6/01 and continue to charge depreciation in the manner established by PBU 6/01 and the Methodological Instructions. We believe that in this situation, continued accrual of depreciation can be carried out at the same rates at which it was accrued during the period of validity of the leasing agreement.
Therefore, when purchasing the leased property, the lessee should make the following entries:
Debit 01, subaccount "Own fixed assets" Credit 01, subaccount "Fixed assets received on lease"
- reflects the transfer of leased property into the ownership of the lessee;
Debit 02, subaccount "Depreciation of fixed assets received on lease" Credit 02, subaccount "Depreciation of own fixed assets"
- accrued depreciation is reflected when the leased property passes into the ownership of the lessee.
Payment of the redemption value of the leased asset should be reflected in the following entries:
Debit 76, subaccount "Lease obligations" Credit 76, subaccount "Calculations for the redemption price of leased property"
- 60,000.00 rub. (including VAT RUB 9,152.54) - debt accrued to the lessor in the amount of the redemption price;
Debit 68, subaccount "Value added tax" Credit 19
- 9152.54 rub. - accepted for deduction of VAT regarding the redemption value;
Debit 76, subaccount "Calculations for the redemption price of leased property" Credit 51
- 60,000.00 rub. - the redemption price for the leased asset has been paid.

We recommend that you familiarize yourself with the following materials:
- . Accounting for fixed assets by the lessee (lessee's balance sheet);
- . Depreciation of the leased asset in accounting;
- . Leasing payments;
- . Redemption of leased property.

Prepared answer:
Expert of the Legal Consulting Service GARANT
Tkach Olga

The answer has passed quality control

The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service.

VAT on leasing is paid in most cases and is subject to correct accounting and tax accounting. Let's take a closer look at the features of the procedures characteristic of both types of accounting.

Is leasing subject to VAT?

In general, yes, because within the meaning of sub. 1 clause 1 art. 146 of the Tax Code of the Russian Federation, leasing can rightfully be considered a special case of the sale of goods. The fact that the property acquired by a company on lease does not immediately become its property (and sometimes does not become its property at all) does not matter.

Almost always, the VAT rate when leasing a car, building, or aircraft is 20% (Law “On Amendments to Certain Legislative Acts of the Russian Federation on Taxes and Fees” dated August 3, 2018 No. 303-FZ). Exceptions include, for example, leasing of breeding livestock and poultry - until the end of 2020, a VAT rate of 10% applies.

In some cases, leasing transactions are exempt from VAT.

When is leasing exempt from VAT?

The provisions of Art. 149 of the Tax Code of the Russian Federation defines objects on which VAT is not charged. Many of them can potentially be transferred from one business entity to another through leasing. However, exemption of the leasing payment itself from VAT is possible only if the subject of the transaction (property, service) is named in Art. 149 of the Tax Code of the Russian Federation among those exempt from VAT using the term “leasing” (or a similar meaning, for example “financial lease”).

Currently, such transaction items include only medical products (subclause 33, clause 2, article 149 of the Tax Code of the Russian Federation). Within the framework of this type of leasing, VAT is not paid, subject to documentary confirmation of the purpose of the subject of the transaction.

Other grounds for exemption from VAT, specified in Art. 149 of the Tax Code of the Russian Federation, are not related to leasing (letter of the Department of Tax Administration of Russia for Moscow dated August 27, 2002 No. 24-11/39510, letter of the Ministry of Finance of the Russian Federation dated August 3, 2011 No. 03-07-08/247).

Please note that VAT is charged on all payments stipulated by the leasing contract, including the redemption price of the leased asset, if the redemption condition is included in the agreement (Clause 1, Article 28 of the Law “On Leasing” dated October 29, 1998 No. 164-FZ).

An interesting scenario is leasing and VAT from a lessee importing an object from abroad.

If the lessor is a foreign organization, the Russian lessee will have to pay VAT as many as two times. As a result, many firms, especially small and medium-sized enterprises, refuse import leasing with VAT. But first things first.

VAT on leasing upon import: nuances

Within the framework of import legal relations, the lessee in the Russian Federation pays VAT:

1. As an importer.

Import of any goods into Russia is generally subject to VAT (subclause 4, clause 1, article 146 of the Tax Code of the Russian Federation). There are no exceptions for leasing. When importing goods (for the purpose of domestic consumption, as an option - within the framework of leasing) from a country that is not part of the EAEU, VAT is paid in the process of its customs clearance (subclause 1, clause 1, article 151 of the Tax Code of the Russian Federation). When importing goods into Russia from another EAEU country, the tax is generally paid until the 20th day of the month following the month in which the goods were registered or in which the leasing payment was made (clause 19 of the Protocol approved by Appendix No. 18 to the Treaty on the EAEU dated 05/29/2014).

1. As a tax agent if:

• the foreign supplier is not registered for tax purposes in Russia;
• The place of provision of leasing services is not the territory of Russia.

The tax is paid by the lessee in the status of a tax agent by deducting it from the amount of leasing payment under the contract (clause 4 of Article 173 of the Tax Code of the Russian Federation). VAT is transferred to the budget simultaneously with the transfer of the amount to a foreign counterparty (clause 4 of Article 174 of the Tax Code of the Russian Federation).

Note that in both cases the lessee can deduct VAT on a general basis (clause 2 of Article 171 of the Tax Code of the Russian Federation).

One way or another, “contract” VAT, regardless of payment or non-payment of “import” VAT, is almost always paid. Accounting for this tax depends on where the leased property is listed on the balance sheet - on the lessor's side or on the lessee's side.

Let’s agree that our company is a lessee and we are faced with the task of carrying out correct accounting (and tax) accounting of VAT under a contract (regular, not “imported”).

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Accounting for VAT during leasing: property on the lessor’s balance sheet

Let's consider an example for the case when an object accepted by the lessee for operation remains on the balance sheet of the lessor.

Example 1

Let the leasing contract (for the supply of a CNC machine) be 7,080,000 rubles (of which VAT is 1,080,000 rubles). In this case, the lessee:

• pays the lessor 1/60 of the contract value every month - 118,000 rubles (that is, it is calculated that the lease is issued for 5 years);
• Having paid the entire cost under the contract, he buys the machine as his own for 82,600 rubles (including VAT).

A leasing transaction forms the following sequence of transactions on the lessee’s side:

• Dt 001 (7,080,000) - the machine is registered off-balance sheet (since it is not yet the property of the lessee);
• Dt 76 (sub-account “Leasing”) Kt 51 (118,000) - monthly transfers to the lessor under the contract;
• Dt 20 Kt 76 (“Leasing”) (100,000, that is, the monthly payment minus VAT) - the monthly transfer is written off as expenses of the main production;
• Dt 19 Kt 76 (“Leasing”) (18,000) - VAT is calculated on the monthly transfer;
• Dt 68 Kt 19 (18,000) - VAT on monthly transfers is accepted for deduction.

1. Upon expiration of the leasing contract:

• Kt 001 (7,080,000) - the machine was removed from the balance sheet due to the expiration of the leasing contract;
• Dt 60 Kt 51 (82,600) - redemption payment transferred to the lessor;
• Dt 08 Kt 60 (70,000, that is, redemption payment without VAT) - the machine is accepted onto the balance sheet at the redemption price;
• Dt 01 Kt 08 (70,000) - the machine is included in fixed assets;
• Dt 19 Kt 60 (12,600) - VAT is calculated on the purchase price of the machine;
• Dt 68 Kt 19 (12,600) - VAT on the redemption price is accepted for deduction.

Let us now consider the VAT entries for leasing on the lessee’s balance sheet.

Accounting for VAT during leasing: property on the balance sheet of the lessee

Example 2

Let the contract value, the redemption price of the machine and the frequency of leasing payments be the same as given in the first scenario. In this case, the lessee will reflect the following entries in the accounting registers:

1. After signing the leasing contract:

• Dt 08 Kt 76 (sub-account “Leasing obligations”) (6,000,000, that is, the cost of the machine without VAT) - the machine is registered at its original cost;
• Dt 19 Kt 76 (“Leasing obligations”) (1,080,000) - VAT calculated;
• Dt 01 Kt 08 (6,000,000) - the machine is transferred to fixed assets;
• Dt 76 (“Leasing obligations”) Kt 76 (“Leasing”) (118,000) - monthly payment to the lessor is accrued (posting is required in accordance with clause 9 of Order No. 15 of the Ministry of Finance of Russia dated February 17, 1997);
• Dt 76 (“Leasing”) Kt 51 (118,000) - the monthly payment is transferred to the lessor;
• Dt 68 Kt 19 (18,000) - VAT as part of the monthly payment is accepted for deduction.

It will also be necessary to calculate depreciation on fixed assets. Let us agree that it is accrued monthly on a linear basis at 20% for each year of use of the object. In this case, the posting is generated: Dt 20 Kt 02 (100,000, that is, 1,200,000minus20% of the original cost excluding VAT, divided by 12).

1. Upon completion of the leasing contract:

• Dt 76 (“Leasing obligations”) Kt 76 (“Leasing”) (82,600) - debt accrued at the redemption value to the lessor;
• Dt 76 (“Leasing”) Kt 51 (82,600) - the purchase price of the machine is listed.

When leasing, the lessee's VAT must also be taken into account in the tax registers.

Tax accounting for VAT during leasing: nuances

VAT is paid in relation to the “actual sale” of goods or services (clause 1 of Article 174 of the Tax Code of the Russian Federation). The lessor recognizes its income, subject to VAT, in accordance with the frequency of receipt of payments under the contract with the lessee (clause 15 of PBU 9/99). It does not matter whether funds were actually received from the counterparty (clause 12 of PBU 9/99).

Thus, the lessor will not be able to issue a general invoice for the entire cost of the leasing contract immediately after the object is put into operation by the lessee - neither in the case of registering the object with the counterparty, nor in the case of leaving the object on its balance sheet. As a consequence, VAT allocated to the cost of the entire leasing contract cannot be immediately deducted by the lessee.

In turn, for each leasing payment subject to VAT, an invoice can already be issued. Tax amounts here are accepted for deduction on the general basis reflected in subparagraph. 1 item 2 art. 171 and paragraph 1 of Art. 172 of the Tax Code of the Russian Federation.

The fact that if the lessee registers the object, the amount of VAT under the leasing contract is immediately reflected in the debit of account 19 in correspondence with account 76 (“Leasing obligations”) does not matter. What plays a role here is not who has the object on their balance sheet (and who owns it by right of ownership), but whether an invoice has been issued for the amount of the transaction (payment).

It is useful to pay attention to a number of nuances when accepting VAT for deduction by the lessee.

VAT deduction for leasing: nuances

When planning to accept VAT included in the price of the leasing contract as a deduction, the lessee must keep in mind that:

1. VAT on leasing payments cannot be deducted if the leased object is used in activities that are not subject to VAT. If this is a non-taxable activity, then VAT is included in expenses when calculating income tax.

Note that when an object is registered off-balance sheet (the case when the machine remains on the balance sheet of the supplier), claims from the Federal Tax Service are possible even if it is not clearly proven that the object is used in activities that are taxed (letter from the Ministry of Finance of Russia dated 08/22/2016 No. 03-07-11/48963).

1. During a tax audit, the Federal Tax Service may, assessing the legality of the lessee’s deduction of VAT, require not only invoices, but also other documents, for example:

• leasing contract;
• leasing payment schedule established by the contract;
• bank statements confirming lease payment;
• acts of acceptance and transfer of large fixed assets leased.

Accounting registers and tax accounting documentation can be analyzed.

You can learn more about accepting VAT for deduction in the article “VAT deductible - what does it mean?” .

The cost of leasing contracts is in most cases subject to VAT at a rate of 18%. When importing goods under lease, the tax is paid by the lessee twice. In all cases, he has the right to accept VAT paid to the lessor in one form or another (in the form of a payment according to a schedule or as part of a redemption payment), for deduction - provided that an invoice is issued for each payment.