In a material consultation on the taxation and reflection in accounting of the loans, received (provided) in the form of the goods, i.e. commodity is given.
We continue to tell about extra operations. A subject of today’s consultation the taxation and reflection in accounting of the loans, received (provided) in the form of the goods, i.e. commodity.
Documentary registration
As well as monetary, commodity I will jam it is carried out on the basis of the loan agreement, which usually nazyvayut by the contract of a commodity loan.
Such contract provides transfer by a zaimodavyoets of the things defined by patrimonial signs, and the subsequent return by the borrower of the same kolicheyostvo of things of the same sort and quality.
Any goods (seeds, fuel, selskokhozyaystvenyony production, etc.) can be a subject of the agreement of a commodity loan.
Works, services, the rights and individually certain things being neyozamenimy can’t be transferred vzay. For example, it is impossible to allow to (receive) vzayoy a concrete building as to return same budet it is problematic. In this case the rent dogoyovor is made out.
When receiving a commodity loan it is necessary to return the same goods defined patrimonial priznakami. So, if the vzay grain of wheat of the 3rd class is received, and it is necessary to return grain of the 3rd, instead of the 6th, a nayoprimer, a class.
The actual transfer of the goods vzay it is possible oformit the acceptance transfer or consignment note act. In these documents it is necessary to specify that transfer osushhestvlyaetsya according to the contract of a commodity loan.
The contract of a commodity loan consists in writing, if (Art. 1047 of group of companies *):
• the sum of a loan exceeds 170 UAH.;
• the creditor is the legal entity nezavisimo from the loan sum.
The account at the creditor
Tax accounting
Profits tax and VAT. The definite answer otyonositelno isn’t present taxation of operations of a commodity loan by the profits tax and the VAT. More truly, on it povodu there are two points of view:
• the first – based on standards of the current legislation (it the newspaper editorial office divides);
• the second – fiscal (it bodies of tax service adhere).
Opinion of edition. With a view of taxation on profit in a gross revenue join, in chastnosti, the income of sale of the goods, and object of an obloyozheniye of the VAT is operations on delivery of the goods (subitem 4.1.1 of the Law on profit and subitem 3.1.1 of the Law on the VAT).
Having analysed the term sale (delivery) tovarov (subitem 1.3.1 of the Law on profit and item 1.4 of the Law on the VAT), we come to a conclusion that under it podrazumevayutsya operations, as a result of which implementation:
1) there is a transition of an ownership right to the goods;
2) compensation for the transferred goods or gratuitous granting such goods takes place.
The first condition in this case is observed: soglasyono Art. 1046 of group of companies according to the loan agreement the goods carries over the borrower.
And here the second condition isn’t carried out. Let’s explain it.
First, no compensation for the goods on a dogoyovor of a loan is paid. After all compensation is compensation of cost of the goods (for example, under the contract of purchase and sale or meny). Transferring the goods to the borrower, the creditor won’t receive from it a komyopensatsiya – it is a question only of goods return according to the loan agreement.
Secondly, there is no here and operations on bezvozmezdnomu to granting the goods, as according to item 1.23 of the Law on profit such operation not predpolagaet return of these goods or receiving compensation for it (for example, contract of donation or druyogy contracts which don’t provide a kompenyosatsiya of cost of the goods). In this case the goods aren’t transferred gratuitously, and are subject to return.
Thus, operation on granting tovarov vzay isn’t sale (delivery) of the goods in understanding of the Law on profit and the Law on the VAT. And there is no delivery, there is no also an object for VD and the tax obligations on the VAT.
Opinion of GNAU. Tax specialists have in this respect other opinion. So, in the Letter No. 15251* it is specified that operayotsiya under the contract of a commodity loan in tax accounting are equated to operations of delivery of the goods, poskolku provide transfer of rights sobstvennosti on these goods.
Therefore if to follow logic of GNAU, at a predosyotavleniye of the goods vzay the creditor should reflect VD and add the VAT, and at return of the goods zayemshchiyoky the creditor can reflect VR and tax kredit on the VAT.
As we see, the opinion of edition based on standards of the current legislation, doesn’t coincide with mneyoniy tax administration. Therefore predpriyayoty, having weighed all pros and cons, should solve samostoyayotelno as it to arrive.
To be fair we will notice that if the creditor will listen to opinion of edition, won’t add the VAT and won’t reflect VD by goods transfer to the borrower, that, skoyory everything, the position to it should be defended in a judicial order.
Pay attention! If the enterprise polzuetsya the special tax treatment (item 11.29 of the Law on the VAT) also transfers vzay in the budget it won’t pay production of sobyostvenny production, the VAT. In this case the tax obligations should be reflected in a special deklayoratsiya as it is a question of delivery of production of own production. If vzay peredaetsya purchased production, BUT on the VAT follows otrazit in the general declaration, on which osushhestvlyayutsya calculations with the budget.
Accounting
As according to the loan agreement there is an exchange of poyodobny stocks, by transfer of object of a loan doxod isn’t reflected (item 9 P (C) BU 15 "Income").
In the account the debt of the borrower is reflected in a zaviyosimost from time of return of the goods according to the loan agreement:
• if it has to occur within 12 months, as a part of the current receivables on subaccount 377 Calculations to other debtors;
• if in more than 12 months from the date of balance – as a part of long-term debit zadolzhennosti on subaccount 183 Other debit zadolzhenyonost. At approach of a maturity date of a loan within 12 months from the date of balance debt it is necessary to transfer to structure current debitorsyoky (subaccount 377).
At return by the borrower of object of a loan the received goods are reflected in the accounting of the creditor at balansoyovy cost of the transferred goods. However if at the moment of return balance cost of the transferred goods exceeds fair value of the poluyochenny goods, the last should be reflected in uchete on smaller, i.e. fair, costs (item 13 P (C) BU 9 "Stocks").
Example 1
JSC Ukraine provided vzay FH "Beam" of 5 t of grain of sunflower at the price of 2 200 UAH/t for the sum of 11 000 UAH. At the moment of return fair value of grain of sunflower made 2 000 UAH/t.
(UAH.)
The account at the borrower
Tax accounting
Profits tax and VAT. As it was noted above, concerning the taxation of a commodity loan sushhestvuet two points of view.
Taxation on profit at the borrower depends on on what way it will go:
• if on the way, to offered GNAU, at a polucheyoniya of the goods vzay the borrower includes cost of the received goods in VR (on contractual stoimosti, but not above usual), and at return of the goods is reflected by VD (at contractual cost, but not below usual);
• if on the way, offered VR, and at return – VD isn’t edition, at a poyolucheniye of the goods.
The same it is possible to tell and about the VAT. However, here still it is necessary to consider, on what option the creditor will stop.
• If the creditor listens to opinion of GNAU, that is will add the tax obligations at a predosyotavleniye of the goods vzay, the borrower on the basis of the tax consignment note issued to it by the creditor, will have the right to the tax credit.
However in this case and at return of object of a loan the borrower should add the tax obligations on the VAT. Otherwise it will be compelled korrektirovat the tax credit reflected at receiving object of a loan.
• If the creditor listens to opinion of a redakyotsiya and won’t add the tax obligations at peredache the goods vzay, the borrower will have no right to the tax credit. At return of object of a loan to the creditor the tax obligations also not nachislyayutsya.
Accounting
When receiving object of its loan it is necessary oprixodovat in accounting on contractual stoimosti on the corresponding account, on which uchityvayutsya the similar goods.
If at return of the goods to the creditor fair value of the goods is higher contractual, a difference sleduet to write off on expenses of the current period (subaccount 949) if below – the difference is written off on the income of the reporting period (subaccount 719).
Example 2
FH "Seasonal" according to the loan agreement received from JSC Berezka of 2 t of seeds of wheat winter at doyogovorny cost (it is equal usual) – 3 500 UAH/t. At the moment of return fair value of wheat (it is equal usual) made 4 200 UAH/t.
(UAH.)
(On Balans-Agro newspaper materials).