Accounting for non-monetary forms of payment. Abstract: Accounting for non-monetary forms of payment for commodity transactions Including non-monetary settlements

The economy of any state is a network of diverse relationships of a large number of economic entities included in it among themselves, as well as with the outside world. These relationships end with monetary settlements.

Payment is a paid transfer of ownership (economic authority, operational management) of a product from the supplier (seller) to the buyer. It is bilateral, that is, it is carried out between two persons. Settlements are carried out in the form of monetary exchange, through the movement of cash or non-cash funds.

Organizations do not always have enough available funds to purchase property, equipment, goods or materials. There are other opportunities that can be used to conduct active business activities. If an organization is experiencing cash constraints, then various non-monetary forms of settlements with partners can be used.

Non-cash settlement is a procedure for repaying obligations that excludes cash flow.

To non-monetary forms of payment, according to Ch. 21 of the Tax Code of the Russian Federation (TC RF), includes commodity exchange and barter transactions, transfer of goods, services under an agreement on the provision of compensation or novation, as well as on a gratuitous basis, issuance of shares in the authorized (share) capital in kind, loan of things, trade credit, settlements with bills of exchange, assignment of claims, write-off of receivables, transfer of goods, works, services when paying for labor in kind.

In settlements for commodity transactions, the most widespread from the point of view of the practical activities of enterprises are the following types of non-monetary settlements:

Commodity exchange operations,
- offsets,
- bill payments.
Let us define the essence of each type of non-monetary payment in more detail.

In modern operating conditions of enterprises, barter or exchange transactions are sometimes used. In a situation where the parties exchange one product for another, an exchange agreement is concluded. Under such an agreement, each party is the seller of the goods that it undertakes to transfer, and the buyer of the goods that it undertakes to accept in exchange. Each party to a commodity exchange transaction simultaneously sells goods in exchange for the acquisition of new goods. It is generally assumed that the items exchanged are of equal value. If, in accordance with the barter agreement, the goods exchanged are recognized as unequal, the party obligated to transfer the goods, the price of which is lower than the price of the goods provided in exchange, must pay the difference in prices immediately before or after fulfilling its obligation to transfer the goods, unless a different payment procedure is provided for by the contract.

Offsetting mutual claims is a rather complex and complex operation and therefore must take place with the participation of not only accounting and financial services, but also legal supply, sales and other divisions of the enterprise. Their close interaction and cooperation is an indispensable condition for the correct and legally competent registration of offsets.

If the organization's counterparty is both a supplier and a buyer, a situation arises when both persons participating in transactions become each other at the same time a creditor under one agreement and a debtor under another. Termination of the obligation in whole or in part in this case can be carried out by offsetting the counterclaim (offset).

Offsetting is a method of terminating obligations in which two counter obligations are paid off simultaneously. The following signs (mandatory conditions) for the test are identified:

1. The same persons (business entities). Participants in two or more obligations, on the basis of which counter homogeneous claims arise. In practice, through offset, claims that arose on the basis of different agreements between the same persons are more often repaid.
2. Counter nature of the claims subject to offset. Each of the economic entities is a debtor for some obligation, therefore, the claim of another economic entity is addressed to it, and a creditor for another obligation, the claim for which now comes from it.
3. Uniformity of counterclaims. Counterclaims must be homogeneous in nature, in other words, they must have the same object, usually money.
4. The emergence of counter homogeneous claims. The following claims can be settled through offset:

– whose deadline has come;
– the period of which is not specified;
– the period of which is determined by the moment of demand.

Repayment of accumulated debt can take place in several ways:

– direct offset;
– assignment of the right of claim;
– transfer of debt;
– multilateral netting.

In case of complete equivalence of mutual claims, the obligations of both one and the other party participating in the offset cease. Requirements are not always equivalent (equal to each other). In this case, the larger claim is paid only partially, in an amount equivalent to the claim. Smaller in size. Consequently, the obligation for which the “larger” claim is presented is preserved in the remaining part, while the obligation for which the “smaller” claim is presented is terminated in full.

A bill of exchange is a security that certifies the unconditional monetary obligation of the drawer to pay, upon maturity, a certain amount of money to the owner of the bill (bill holder). The unconditionality of an obligation means that refusal to pay on a correctly drawn up bill of exchange gives rise to a forcible seizure of the debtor’s property. A bill of exchange turns into an unconditional promissory note after its acceptance. By means of a bill of exchange, you can formalize various credit obligations: pay for purchased goods or services provided on the terms of a commercial loan, repay a loan received, provide a loan, formalize the attraction of additional working capital.

There are two types of bills - simple and transferable. A promissory note provides for the participation of two parties - the drawer and the holder of the bill. The role of the debtor is the drawer, who is obliged to pay the holder of the bill the amount specified in the bill. Payments by bill of exchange require, in addition to the drawer and the holder of the bill, the participation of a third party – the payer. In a bill of exchange, the drawer indicates a third party as the payer and issues it to the holder. Thus, by issuing a bill of exchange, the drawer transfers his obligation to pay it to a third party - the payer of the bill.

All bills are also usually divided into commodity and financial. Trade bills are understood as bills of exchange received by the supplier from the buyer. In this case, the bill is a promissory note from the buyer and serves as an additional guarantee of payment of the cost of goods to the supplier. Thus, a trade credit is provided to the buyer in the form of a deferred payment. The amount indicated on the bill is the cost of the goods sold. However, the contract with the buyer often provides for remuneration for deferred payment. Then the bill can indicate an amount exceeding the cost of the goods. The difference (or, as it is usually called, the discount) will be the reward for the delay. Another way to receive compensation is to indicate on the bill that interest will accrue on the payment amount on a daily (weekly, monthly, etc.) basis. True, they can be accrued only on those bills in which the exact payment date is not established.

Financial bills are bills purchased for money or by counter-delivery of products (works, services) as financial investments. These bills are issued by credit institutions, investment companies and non-financial institutions to raise borrowed funds.

There is also the concept of "third party bill of exchange". This is the name of a bill of exchange that an organization received not from the drawer who issued (issued) the bill, but from the endorser. An endorser is a person who received the bill from another enterprise and did not issue it. An endorsement is a special inscription on a bill of exchange that transfers the rights under the bill to a new holder of the bill.

As part of budget reporting, institutions submit form 0503169 “Information on accounts receivable and payable.” Read the article on how to fill out the form correctly in 2019.

Form OKUD 0503169 information on receivables and payables is submitted by PBS, administrators of sources of financing the budget deficit and administrators of budget revenues. Form 0503169 was approved by Order of the Ministry of Finance dated December 28, 2010 No. 191n. Next, download the form and sample form.

The frequency of presentation is for six months, for 9 months and for a year. There is no need to submit form 0503169 for the 1st quarter of 2018, this follows from the Order of the Ministry of Finance dated 03/07/2018 No. 42n and the letter of the Federal Treasury dated 04/03/2018 No. 07-04-05/07-5686.

The main managers and administrators draw up a consolidated application based on the applications (including consolidated ones) that their subordinate institutions submitted to them.

The financial authority prepares a consolidated application based on the consolidated forms received from the main managers and administrators.

In the application, include data on accounts receivable and accounts payable for the reporting period. Compile information separately for receivables and payables, and separately for types of activity.

The procedure for filling out form 0503169 in 2019

According to the rules for filling out the form according to OKUD 0503169 according to instruction 191n, taking into account changes, the form consists of two sections:

1. Information about accounts receivable (payable).
2. Information about overdue debts.

Section 1. Information on accounts receivable (payable)

Make an application for accounts receivable according to the accounts:

• 205.00 “Income calculations”;
• 206.00 “Settlements for advances issued”;
• 303.00 “Calculations for payments to budgets.”

Make an application for accounts payable according to the accounts:

• 205.00 “Income calculations”;
• 208.00 “Settlements with accountable persons”;
• 209.00 “Calculations for damage and other income”;
• 302.00 “Settlements for accepted obligations”;
• 303.00 “Calculations for payments to budgets”;
• 304.02 “Settlements with depositors”;
• 304.03 “Calculations for deductions from wage payments”;
• 304.06 “Settlements with other creditors” - after the final turnover at the close of the year;
• 401.40 “Deferred income”;
• 401.60 “Reserves for future expenses.”

In section 1 at the beginning of the year and the end of the reporting period, highlight the amounts by type of debt:

In columns 5–8 “Change in debt”, indicate the decrease and increase in the total amount of debt. In columns 6 and 8, highlight non-cash payments for accounts 206 00 and 302 00.

Non-monetary payments include payments made without cash expenses (non-cash transactions), without accounts:

• 201.00 “Institutional funds”;
• 210.02 “Settlements with the financial authority for budget revenues”;
• 202.00 “Funds in budget accounts”;
• 210.03 “Settlements with the financial authority for cash”;
• 304.05 “Settlements for payments from the budget with the financial authority.”

An example of non-cash transactions (non-monetary settlements) in form 0503169: deduction from wages of arrears on accountable amounts or deduction from contract security of a penalty (advance not returned by the counterparty). Settlements on other accounts are recognized as cash.

Indicate the turnover in columns 5–8, even if there are no outstanding balances on the accounts at the beginning and end of the period.

Section 2. Information about overdue debts

In this section, provide information only about overdue debts:

• in column 2 - the amount;
• columns 3–4 – the date of debt occurrence and its execution on a legal basis: agreement, invoice, legal act, executive document, etc.;
• columns 5–8 – creditor or debtor and the reason for formation.

Information on the institution's receivables and payables (f. 0503169) (hereinafter Information (f. 0503169)) is included in the Explanatory Note to the institution's Balance Sheet. The frequency of submission of this form is as of July 1, October 1, January 1 of the year following the reporting year. The procedure for filling out the Information (f. 0503169) is regulated by clause 167 of the Instructions, approved. by order of the Ministry of Finance of Russia dated December 28, 2010 No. 191n.

The information (f. 0503169) contains generalized data for the reporting period on the status of settlements for receivables and payables of the subject of budget reporting in the context of types of settlements. The form is drawn up separately for accounts receivable and separately for accounts payable.

Information (f. 0503169) on accounts receivable is filled in for the following accounts:

• 0 206 00 000 "Settlements on advances issued";
• 0 303 00 000 "Calculations for payments to budgets."

Information (f. 0503169) on accounts payable is filled in for the following accounts:

• 0 205 00 000 "Income calculations";
• 0 208 00 000 "Settlements with accountable persons";
• 0 209 00 000 “Calculations for damage and other income”;
• 0 302 00 000 "Settlements for accepted obligations";
• 0 303 00 000 "Calculations for payments to budgets";
• 0 304 02 000 "Settlements with depositors";
• 0 304 03 000 “Calculations for deductions from wage payments”;
• 0 304 06 000 "Settlements with other creditors."

As can be seen from the list, some active-passive accounts, such as 0 205 00 000, 0 208 00 000, 0 209 00 000, 0 303 00 000, may appear both in the Information (f. 0503169) for accounts receivable and in the Information (f. 0503169) for accounts payable.

Note that the indicators for account 0 304 06 000 in the Information (f. 0503169) at the end of the year are reflected after the final turnover in the budget accounting accounts carried out at the end of the financial year.

What's new in the Information (f. 0503169)?

Information (f. 0503169), generated as of October 1, 2018, must be provided with full detail on settlement accounts in accordance with the instructions for budget (accounting) accounting. This means that calculation indicators in the form must be reflected by accounts, for example, 205 31, 205 35, 302 93, 302 95, etc.

Also, the Information (f. 0503169) should additionally disclose information on accounts (in the context of KOSGU):

• 401 40 XXX "Deferred income";
• 401 60 XXX "Reserves for future expenses."

The procedure for filling out section 1 of the Information (f. 0503169)

Section 1 of the Information (f. 0503169) reflects the amounts of the institution's receivables and payables. It also reflects the amounts for which, within the period stipulated by the legal basis for the occurrence of the debt (agreement, contract), the obligations were not fulfilled by the creditor (debtor).

Column 1 of the Information (f. 0503169) indicates the numbers of the corresponding analytical accounts. The budget accounting account numbers reflected in column 1 must contain in the corresponding categories of the budget accounting account numbers the budget classification codes that are in effect in the reporting period. Codes of the analytical group of the type of sources of financing budget deficits in the corresponding digits of the budget accounting account number are reflected with the value “zero”.

Indicators at the beginning and end of the reporting period

The total amount of receivables (payables) as of the beginning of the year and at the end of the reporting period is indicated in columns 2, 9.

Column 12 indicates the total amount of receivables (payables) as of the end of the same reporting period of the previous financial year.

Indicators of overdue and long-term debt

Data on debt, the due date of which, according to the legal basis for its occurrence, exceeds 12 months from the reporting date, is indicated in columns 3, 10, 13.

Data on unfulfilled obligations at the beginning of the year, at the end of the reporting period and the end of the similar reporting period of the previous financial year, for which the deadline for fulfillment has already arrived, and overdue receivables are indicated in columns 4, 11, 14.

Indicators for changes in debt and non-cash settlements

The total amount of the increase in accounts receivable (payable) with the reflection of amounts for non-cash settlements is reflected in columns 5 and 6, respectively.

The total amount of reduction in accounts receivable (payable) with reflection of amounts for non-cash settlements is reflected in columns 7, 8.

Operations to clarify the budget classification codes for calculations of the current financial year are reflected in column 5 with a minus sign for the updated code and a plus sign for the updated code (in terms of expenses listed in the form of repayment of accounts payable).

The formation of indicators for non-cash settlements is carried out on accounts 0 206 00 000, 0 302 00 000. Note that non-cash settlements are understood as operations to increase (decrease) accounts receivable (payable), with the exception of settlements reflected in correspondence with the corresponding accounts of analytical accounting of accounts 120121000, 120122000, 120123000, 120127000, 120134000, 121002000, 120200000, 120300000, 121004000, 121003000, 130405000). . An example of non-monetary settlements can be operations to offset a penalty presented to a counterparty against the payment of accounts payable under an agreement (contract).

The procedure for filling out section 2 of the Information (f. 0503169)

Section 2 of the Information (f. 0503169) contains analytical information about the institution’s overdue accounts payable (receivables).

Columns 1 and 2 indicate the numbers and amounts of the corresponding analytical accounts of the account, for which the balances are reflected in column 11 of section 1 of the Information (f. 0503169).

Columns 3, 4 reflect (in the format "MM.YYYY") the date of occurrence of the institution's overdue accounts payable (receivables) and the date of its execution on a legal basis (agreement, invoice, regulatory legal act, executive document, etc.).

Columns 5, 6 indicate the taxpayer identification number (TIN) of the creditor (debtor), as well as the name of the creditor (debtor). If the creditor (debtor) is an individual, column 5 indicates the value “0000000000”. If the counterparty is a non-resident, column 5 reflects the value “1111111111”.

Columns 7 and 8 indicate the reason for the formation of overdue accounts payable (receivable) of the institution.

At the same time, the criteria for determining the indicators reflected in section 2 of the Information (form 0503169) (amount of debt, date of occurrence, other criteria) are established:

• for chief administrators of budget funds - by the financial authority of the corresponding budget;
• for recipients of budget funds - the main manager of budget funds, taking into account the criteria established by the financial authority of the relevant budget.

If you have any questions on this topic, discuss them with our expert toll-free number 8-800-250-8837. You can view the list of our services on the website UchetvBGU.rf. You can also join our mailing list to be the first to know about new useful publications.

Article prepared

To pay for goods supplied, enterprises often issue a promissory note (a bill certifying the unconditional obligation of the drawer to repay the borrowed amounts upon the maturity date stipulated by the bill) and issue it to the supplier as a deferred payment. Therefore, a bill of exchange is not only a security, but also a means of payment, which is transferred to the seller as a guarantee that material assets will definitely be paid. But since the bill is transferred at one time, and payment for it is made at another, accountants have a question: at what point and how to correctly calculate value added tax?

According to paragraphs. 1 clause 1 art. 146 of the Tax Code of the Russian Federation, transactions for the sale of goods (work, services) on the territory of the Russian Federation are recognized as subject to value added tax. The tax base for the sale of goods is defined as their value, calculated on the basis of prices determined in accordance with Article 40 of the Tax Code of the Russian Federation without including value added tax and sales tax, but with the inclusion of excise taxes (clause 2 of Article 154 of the Tax Code of the Russian Federation ).

As provided for in paragraph 2 of Article 172 of the Tax Code of the Russian Federation, when the taxpayer - drawer of the bill uses his own bill of exchange in payments for goods (work, services) purchased by him, the amount of tax actually paid by the taxpayer - drawer of the bill when purchasing the specified goods is calculated based on the amounts actually paid by him under own bill. This means that the company that issued the bill (the drawer) accepts VAT offset after the bill is paid. It does not matter whether the payment term has arrived or the bill is repaid ahead of schedule.

However, you should pay attention to the tax amounts that are indicated in the contract and the invoice issued by the supplier. If these documents indicate only the cost of the goods, then the buyer (drawer) does not have the right to offset VAT on the difference between the price of the goods and the bill amount.

Let's consider the situation using the example of OJSC "SMU-4" on December 1, 2004, which purchased goods worth 24,000 rubles from the company "Vyatkastroyservice" LLC. (including VAT - 3661.02 rubles). As a deferment of payment, OJSC SMU-4 issued its own promissory note in the amount of 25,000 rubles to the supplier for 30 days.

At the end of this period the bill was repaid. Moreover, Vyatkastroservice LLC did not issue an additional invoice for the amount of the difference between the cost of the product and the bill amount.

But it is also possible that the buyer-drawer was issued an additional invoice, which also indicated VAT on the difference between the cost of the product and the bill amount. Then the buyer can reimburse this tax from the budget.

Let us assume that the company OJSC SMU-4, in addition to the previously issued one, issued another invoice to the buyer LLC Vyatkastroyservis for 1000 rubles, that is, for the difference between the cost of goods and the bill amount.

Since the holder of the bill pays VAT on the difference between the cost of goods and the bill amount, the taxable base includes only the amount of interest on the bill that exceeds the fee for deferred payment, calculated based on the refinancing rates of the Central Bank of the Russian Federation in effect in the periods for which the interest is calculated. The refinancing rate of the Central Bank of the Russian Federation is 16 percent per annum. The holder of the bill, Vyatkastroservice LLC, made a calculation according to which the fee for deferred payment based on the refinancing rate of the Central Bank of the Russian Federation was:

24,000 rub. x 16% x 30 days. : 365 days = 316 rub.

The VAT amount indicated in the invoice issued to the drawer will be:

((1,000 rub. - 316 rub.) x 18%) = 123.12 rub.

Due to the lack of funds, enterprises very widely use non-monetary forms of payment. The non-monetary form of settlement includes the procedure for repaying mutual obligations, excluding the movement of funds within the limits of equal amounts of debt. The excess obligations of one of the partners can be repaid either in cash or by barter.

A barter transaction is a direct commodity exchange transaction carried out on a cost-balanced basis with the mutual transfer of ownership of the goods without the use of monetary transactions.

The barter contract stipulates:

• - or quantities of mutually supplied goods equivalent in value;
• - or the amount for which the parties undertake to supply specific goods.

Offsetting is a monetary obligation between enterprises, repaid by the supply of goods or services with the participation of two or more parties.

Table 2 - Accounting entries for accounting for settlements by offsetting mutual claims of OJSC SMU-4 for December 2004

At the end of the month, the accountant first summarizes the results for each line (according to the buyer) of the turnover sheet, then the totals for the columns. After this, the last page summarizes the results for the columns of the same name for all pages. The “total month” line data is transferred to the account register 60. At the same time, the amounts are entered into the registers of corresponding accounts according to the “double entry” rule. After this, the totals for the “Debit” and “Credit” columns of account 60 are recorded and the expanded balance is recorded in the register of this account.

PROBLEM: The lack of working capital creates serious difficulties for the company in timely payments to suppliers. In this regard, the financial director is faced with a pressing question: how can the company pay its counterparties without having enough available funds in its current account. SOLUTION: A way out of this situation may be to use non-monetary forms of payment. Moreover, recent amendments to tax legislation make their application particularly favorable.

Today, such forms of settlements with counterparties as bills of exchange, barter and offsets are coming to the fore. It gets to the point where they are trying to use them when making offers for bonded loans. It was this path that the Matrix retailer took, offering bondholders in difficult times semi-annual bills issued on behalf of the group’s parent company.

The main catalyst for the active use of non-cash forms of payment by companies was the recent anti-crisis amendments to tax legislation, which were introduced by Federal Law No. 224-FZ of November 26, 2008 “On Amendments to Part One, Part Two of the Tax Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” (hereinafter referred to as Law No. 224-FZ).

Previously, the main stumbling block in the use of non-monetary forms of payment by companies was paragraph 2 of paragraph 4 of Article 168 of the Tax Code, which established the need to pay VAT to the counterparty on the basis of a separate payment order if the parties carried out barter transactions, offset mutual claims, and also used valuable assets in payment for products. paper. Nevertheless, companies were not involved in non-monetary settlements out of good fortune, so the obligation to remit VAT in cash fell on them as a heavy burden.

Now the situation has changed dramatically. Paragraph 2 of paragraph 4 of Article 168 was declared invalid (subparagraph “c” of paragraph 5 of Article 2 of the Federal Law of November 26, 2008 No. 224-FZ “On Amendments to Part One, Part Two of the Tax Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” ). Along with it, the corresponding norm of paragraph 2 of Article 172 of the Tax Code was also canceled, which established the rules for deduction for non-monetary forms of payment based on the amounts actually paid on the basis of a separate payment order (subparagraph “a”, paragraph 9 of Article 2 of the Federal Law of November 26, 2008 No. 224-FZ “On amendments to part one, part two of the Tax Code of the Russian Federation and certain legislative acts of the Russian Federation”). This means that in order to receive a deduction, you will no longer need to remit VAT in cash and withdraw it from economic circulation. Accordingly, starting from January 1, 2009, the use of non-cash forms of payment by companies will become more attractive than before.

At the same time, one “but” should be taken into account. In 2009, when conducting commodity exchange transactions, offsetting mutual claims, as well as when using securities in settlements, VAT amounts presented to the company and accepted for accounting last year are subject to deduction according to the old rules (Clause 12, Article 9 of the Federal Law of November 26. 08 No. 224-FZ “On amendments to part one, part two of the Tax Code of the Russian Federation and certain legislative acts of the Russian Federation”). Accordingly, all controversial issues related to the payment or non-payment of tax by separate payment order will remain relevant. After all, it is possible that tax authorities will want to pay special attention to these issues during an on-site tax audit.

ADVANTAGES AND DISADVANTAGES OF NON-MONETARY FORMS OF SETTLEMENTS

WHAT IS THE DANGEROUS OF A BILL IN PAYMENTS?

Paying with a bill of exchange is a good opportunity for a company to obtain a deferred payment from the supplier. As a rule, promissory notes issued both by the company itself and by third parties are used for this. In addition, according to the courts, the use of bills of exchange by a company in settlements with counterparties does not indicate the receipt of an unjustified tax benefit (resolution of the Federal Antimonopoly Service of the Urals dated July 3, 2008 No. Ф09-4735/08-С3 in case No. А76-23699/2007, West Siberian dated September 29, 2008 No. F04-3797/2008(12522-A81-15) districts).

VAT. If goods (work, services), property rights are accepted for accounting after January 1, 2009, then input VAT is deducted in the general manner, regardless of which bill of exchange the company paid with - its own or a third party.

The situation is not so clear when business transactions involving bills of exchange were carried out in 2008.
For example, a company paid for a delivery using a third party’s bill of exchange. To deduct VAT, it is necessary to transfer the tax in a separate payment due to the direct requirement of paragraph 2 of paragraph 4 of Article 168 and paragraph 2 of Article 172 of the Tax Code. It should be remembered that, in the opinion of the tax authorities, the use of a bill of exchange in settlements is also its sale as a security. And this, as you know, is not subject to VAT due to direct instructions of the law (subclause 12, clause 2, article 149 of the Tax Code). Because of this, the tax authorities impose a requirement on the company to maintain separate records of transactions both taxable and not subject to VAT (letter of the Ministry of Finance of Russia dated 06.06.05 No. 03-04-11/126). Nevertheless, the bill has a dual nature: it is both a security and a means of payment. If a bill of exchange is used only as a means of payment in settlements with suppliers, then its transfer in this case does not constitute a sale of the security.

Another difficult point is that the company paid with its own promissory note. Input VAT should be deducted in the general manner. Your own bill is not a security (letter of the Ministry of Finance of Russia dated March 28, 2005 No. 03-05-01-07/6 and clause 3 of PBU PBU 19/02 “Accounting for financial investments”). Accordingly, the requirements of paragraph 2 of paragraph 4 of Article 168 of the Tax Code will not apply to him. It also does not fall under the wording of paragraph 2 of Article 172 of the Tax Code, since it is not its own property. After all, a promissory note merely records the company’s debt obligations. But it is possible that tax authorities will try to challenge the deduction, therefore, if the company does not want to once again contact the fiscal authorities, VAT can be transferred as a separate payment order.

Income tax. Suppose a company pays with a third party's bill for a supply. As a rule, the transfer of a bill of exchange by endorsement to the supplier occurs at a loss, that is, its value is greater than the price of the purchased goods. The company can include such losses as part of other justified non-operating expenses (subclause 20, clause 1, article 265 of the Tax Code).

True, there is a possibility that tax authorities will want to challenge such a decision. In their opinion, in this case the bill of exchange is sold as a security; accordingly, losses can only reduce the tax base received from transactions with securities (letter of the Federal Tax Service of the Russian Federation for Moscow dated December 3, 2004 No. 26-12/78309). In order for a bill to be recognized as an independent object of sale, the transfer of the bill must occur, and this operation has a single purpose. And if a third party’s bill of exchange is transferred as payment for purchased goods (work, services), the company has no obligation to separately determine the tax base for transactions with bills of exchange, which means that the discount in question can be included in non-operating expenses.

FAST DECISION

FOR INCOME TAX PURPOSES, THE DISCOUNT ON THE BILL IS ACCOUNTED AS INTEREST ON DEBT OBLIGATIONS. WHAT IS THE AMOUNT OF THE DISCOUNT THAT CAN BE ATTRIBUTED TO A REDUCTION IN THE TAX BASE?

Law No. 224-FZ suspended the effect of paragraph 4 of paragraph 1 of Article 269 of the Tax Code, which established the maximum interest rate until December 31, 2009. Instead, new rules for calculating maximum interest will apply, and their effect will also apply to legal relations that arose from September 1, 2008.

Now, in the absence of debt obligations to Russian organizations issued in the same quarter on comparable terms, the maximum amount of interest recognized as an expense is taken equal to the refinancing rate of the Central Bank of the Russian Federation, increased by 1.5 times - when issuing a debt obligation in rubles and equal to 22 percent - for debt obligations in foreign currency.

CONTROL OVER BARTER

Another non-monetary method of payment with a supplier is barter. In this case, the company kills two birds with one stone: it pays off with the counterparty and gets rid of stale inventory. True, it is quite difficult to compare the company’s desire not to pay money and the supplier’s need for exactly the product that the company has, so in practice, commodity exchange transactions are not carried out so often.

It should also be remembered that barter transactions by a company give tax authorities a formal reason for tax control under Article 40 of the Tax Code.

VAT. For goods (works, services), property rights accepted for accounting after January 2009, input VAT is deducted in the general manner.

Taxation of transactions carried out in tax accounting before 2009 is different. To deduct VAT, it is necessary to transfer the tax in a separate payment (paragraph 2, paragraph 4, article 168 and paragraph 2, article 172 of the Tax Code). True, you can try to bypass this limitation. To do this, instead of an exchange agreement, it is necessary to draw up two agreements for the purchase and sale of goods, and then set off mutual claims (resolution of the Federal Arbitration Court of the Ural District dated 03/09/06 in case No. F09-1231/06-S2). And when offset, VAT is deducted in the general manner, although it should be recognized that this issue is quite controversial (see the section on offsets). By the way, this method will also help you avoid tax control over prices.

In addition, you can avoid paying VAT in cash if the goods are transferred in a transaction as compensation. In this case, the transaction will not be a barter transaction, since the parties initially assumed that settlements under the agreement would be monetary. However, this approach may be challenged by tax authorities.

Income tax. Income received in kind from barter transactions is taken into account based on the transaction price, taking into account the provisions of Article 40 of the Tax Code (clause 4 of Article 274 of the Tax Code). In this case, the company has the right to reduce income from a commodity exchange operation by the cost of goods sold in the manner established by Article 268 of the Tax Code. The cost of goods received through a barter transaction is determined from the price of their acquisition (excluding VAT) and other expenses associated with their acquisition (clause 2 of Article 254 of the Tax Code).

WE OWE EACH OTHER

A company that has a counterclaim against a supplier can offset it against payment under the contract. This method is quite convenient for counterparties who closely interact with each other and have mutual debts.

It should be remembered that for offset the requirements must be exactly homogeneous (Article 411 of the Civil Code), for example, based on mutual obligations to transfer money within the framework of business contracts. Accordingly, offsetting the payment claim against the claim for the provision of services is unacceptable.

Input VAT is deductible in the general manner, regardless of whether goods (work, services) were accepted for accounting in 2008 or 2009. However, in the case of 2008, there may be problems.

When offsetting mutual claims, no exchange of goods or services occurs, therefore it cannot be equated to commodity exchange transactions in respect of which paragraph 2 of Article 172 of the Tax Code establishes a special deduction procedure. However, according to the highest court, the rules of paragraph 2 of Article 172 of the Tax Code apply only to barter transactions; accordingly, deductions when using offsets should be made in the general manner (decrees of the Supreme Arbitration Court of the Russian Federation dated September 19, 2008 No. 16643/07, dated August 22 .08 No. 8375/08).

DESIGN FEATURES

* Paragraph 4 of paragraph 35 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 33, the Plenum of the Supreme Arbitration Court of the Russian Federation No. 14 of December 4, 2000 “On some issues in the practice of considering disputes related to the circulation of bills of exchange.”
** Paragraph 4 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 29, 2001 No. 65 “Review of the practice of resolving disputes related to the termination of obligations by offsetting counter-similar claims.”