The organization sells shares of another organization that are not traded on the market. Where should the amounts of income and expenses for the transaction be included in the income tax return?

Fill out Sheet 05 of the Declaration. Moreover, sheet 05 has two forms. One of them must be filled in if the company received income from operations with securities in the reporting and tax periods of 2014 (Section XIII-I of the Order, approved). Use another form starting from 2015 (Section XIII-II of the Order, approved by Order No. ММВ-7-3/600).

In sheet 05 in the declaration for 2015, in the column “Type of operation”, indicate the code - 1. Proceeds from the sale in line 010 of sheet 05. And show the costs associated with the acquisition of shares in line 020 of sheet 05 of the declaration.

At the same time, if the purchase (sale) price of shares was higher (lower) than the settlement price, then fill in lines 012 and 022, respectively (paragraph 16 of Article 280 of the Code).

Profit (loss) from the operation for the sale of securities reflect on line 040 and line 100 of Sheet 05.

Rationale

From recommendation
Oleg Khoroshiy, Head of the Department of Profit Taxation of Organizations of the Department of Tax and Customs Tariff Policy of the Ministry of Finance of Russia
How to determine the cost of acquiring a security that is not traded on the securities market for the purposes of tax accounting

The transaction price for the acquisition of non-quoted shares is subject to control for compliance with the market price ().

Control for compliance with the market price is as follows. The entity needs to check whether the actual purchase price of the security deviates more than 20 percent upwards from the estimated price.

The settlement price, and, accordingly, the purchase price of the security must be determined on the date of the agreement under which the shares were received from the counterparty (clause 18, article 280 of the Tax Code of the Russian Federation).

It should be noted that the organization has the right to apply for tax purposes the estimated transaction price determined by one of the methods established by Chapter 14.3 of the Tax Code of the Russian Federation. But this is only possible if at least one of the following conditions is met:

• the buyer (together with affiliates) becomes the owner of more than 5 percent of the share issue;
• the number of shares exceeds 1 percent of the issue;
• the share price is set by decision of state authorities or local governments;
• the buyer (seller) of the shares is their issuer, including under the offer.

From the book "Annual Report - 2015"

Income tax declaration (sheet 05)

2.3.61 Who must complete sheet 05. Fill out sheet 05 if the organization conducted transactions with securities or financial instruments of forward transactions, circulating or not circulating on the organized market.

2.3.62 The Company received from the drawer a promissory note with a maturity of "at sight". How to reflect the presentation for redemption. In the declaration for the period in which the bill is presented for redemption, line 010 of sheet 05 must reflect income, taking into account all interest paid by the drawer (clause 2, article 280 of the Tax Code of the Russian Federation). And the costs associated with the purchase of a bill must be shown in line 020 of sheet 05 of the declaration (clause 13.2.2 of the Procedure, approved by order of the Federal Tax Service of Russia dated November 26, 2014 No. ММВ-7-3/600).

Interest income, which was taken into account in previous reporting (tax) periods (reflected in line 100 of Appendix No. 1 to sheet 02), is summarized and shown as non-operating expenses in lines and Appendix No. 2 to sheet 02 of the declaration.

If the company calculates income tax on a cash basis, then it reflects the total amount of interest income on the bill in the repayment period.

2.3.63 The Company has received from the drawer a promissory note with a maturity of “at sight”. How to reflect bill of exchange settlements with a supplier. On a monthly basis, the company took into account in income the interest on a promissory note purchased from a third party (reflected in line 100 of Appendix No. 1 to sheet 02 of the declaration). And then the security was transferred to the supplier as payment for the equipment. Let's assume that the selling price corresponds to the market price. In this case, the income from the disposal of the bill, equal to the cost of the paid equipment, is reflected in line 010 of sheet 05, and the cost at which the bill was purchased - in line 020 of sheet 05 of the declaration.

On line 100 of Appendix No. 1 to sheet 02 of the declaration for the period in which the supplier was paid with the help of a bill, they show the interest income accrued in the current year at the time of repayment.

From there, it will go to line 020 of sheet 02. And the indicators reflected in previous reporting periods (including last year) on line 100 of Appendix No. 1 to sheet 02 are summarized and put down on line 200 of Appendix No. 2 to sheet 02 as non-operating expenses. The same amount is indicated in line 040 of sheet 02 of the income tax declaration.

Irina Milakova, Director of Tax Consulting and Tax Dispute Resolution Department
2K Audit - Business Consulting/Morison International

The firm has the right to reduce the profit received from the sale of shares and shares by the amount of the loss from the main activity received in previous periods or the current year. The Ministry of Finance of Russia and the Federal Tax Service of Russia have the same point of view.

The following situation often occurs in practice. A company whose main activity is not related to trading in securities (production, consulting, etc.) buys shares and shares of another organization. Then, having sold them with a positive financial result, the company decides to reduce the tax profit from the sale of these shares and shares by the amount of losses from the main activity received from the results of previous years or the current year. Can a company do this?

The nuances of calculating income tax

From the point of view of tax legislation, everything is not so clear. The object of taxation is the profit received by the company (Article 247 of the Tax Code of the Russian Federation). Profit is income reduced by the amount of expenses incurred. The latter are determined in accordance with Chapter 25 of the Tax Code. According to the provisions of this chapter (Article 249 of the Tax Code of the Russian Federation), sales revenue is recognized as proceeds from the sale of goods (works, services) both of own production and previously purchased. Goods are any property sold or intended for sale (Article 38 of the Tax Code of the Russian Federation). Thus, commodities include securities.

Features of determining the tax base for transactions with securities for non-professional participants in the securities market are established by Article 280 of the Tax Code. In our case, the firm is a non-professional participant. Therefore, it must determine the tax base for transactions with securities separately from the tax base for other transactions (clause 8, article 280 of the Tax Code of the Russian Federation).

The financial result of activity can be both profit and loss. Loss is the negative difference between income and expenses that the company has taken into account for tax purposes (clause 8, article 274 of the Tax Code of the Russian Federation). A company that received a loss in the previous tax period (periods) has the right to reduce the tax base of the current tax period by the entire amount of such a loss or by a part of it (carry forward losses to the future). At the same time, the Tax Code does not establish whether a company can reduce the amount of a carry-forward loss from activities taxed at the general tax rate by income from activities taxed at other rates (and according to a separately formed tax base). For example, the general norms of Article 280 of the Tax Code have only some clarifications and restrictions (clause 10 of Article 280 of the Tax Code of the Russian Federation). They relate to the possibility of reducing profits from the sale of securities (circulated and not traded on the securities market) by losses from transactions with non-identical categories of securities received in the previous (previous) tax period. The tax legislation does not contain other reservations in this part.

Thus, the Tax Code establishes a restriction, according to which, when calculating the tax base, profit from the main activity cannot be reduced by the amount of the loss received from operations with securities (clause 1 of article 283, clause 10 of article 280 of the Tax Code of the Russian Federation ). At the same time, the document does not limit the possibility of reducing the profit received from transactions with securities by the amount of the loss received from the main activity. This point of view is shared by the Ministry of Finance of Russia and the Federal Tax Service of Russia. According to the authorities, when calculating the tax base, the profit received from the sale of securities can be reduced by the amount of losses from the main type of activity (letters of the Ministry of Finance of Russia dated 12/19/2012 No. Moscow dated 09.07.2007 No. 20-12/ [email protected]). At the same time, if the amount of loss from the main activity exceeds the profit received from operations with securities, no object of taxation arises (letters of the Ministry of Finance of Russia dated November 13, 2010 No. 03-03-06/2/192, dated March 27, 2009 No. -06/1/194, dated February 16, 2009 No. 03-03-06/1/68).

Arbitration practice develops mainly in favor of companies. In 2008, the Presidium of the Supreme Arbitration Court of the Russian Federation issued a resolution in which it indicated that the company had lawfully reduced the profit received from operations with securities by the amount of the loss from its core activities (post. The Presidium of the Supreme Arbitration Court of the Russian Federation dated February 26, 2008 No. 14908/07). This position was previously supported by other courts (FAS VSO dated March 14, 2007 No. A74-3010 / 2006-F02-1162 / 07, FAS UO dated May 4, 2007 No. F09-3120 / 07-C3, FAS SZO dated September 18, 2006 No. А56-60070/2005, FAS UO dated 11.12.2006 No. Ф09-10959/06-С7). Note that there is a small practice with the opposite opinion (post. FAS VVO dated 04.23.2007 No. A43-17598 / 2006-35-680, dated 02.10.2006 No. A17-4962 / 5-2005). The arbitrators pointed out that the income tax base for operations with securities is determined separately from operations for the sale of goods (works, services). The tax legislation does not provide for the possibility of a company reducing the profit received from transactions with securities by the amount of a loss from its main activity. As well as the possibility of reducing the profit generated by all types of activities for losses received from transactions with securities is not provided.

In favor of the companies is also evidenced by the Procedure for filling out the declaration (The procedure for filling out the income tax declaration, approved by order of the Federal Tax Service of Russia dated March 22, 2012 No. ММВ-7-3 / [email protected](hereinafter - the Order)). According to clause 5.5 of the Procedure, the base for calculating income tax (line 100 of Sheet 02 of the declaration) is formed taking into account the base for operations with securities reflected in line 100 of Sheet 05, provided that the value of this line is positive (clause 13.7 of the Procedure).

Income and expenses arising from operations with securities of an organization that is not a professional participant in the securities market are classified as other (clause 7 PBU 9/99, approved by order of the Ministry of Finance of Russia dated 06.05.1999 No. 32n, clause 11 PBU 10 /99, approved by order of the Ministry of Finance of Russia dated 06.05.1999 No. 33n). In accordance with the Instruction, they are taken into account on account 91 of the same name "Other income and expenses". At the same time, entries on sub-accounts 91-1 “Other income” and 91-2 “Other expenses” are made accumulatively during the reporting year. On a monthly basis, by comparing the debit turnover on subaccount 91-2 and the credit turnover on subaccount 91-1, the balance of other income and expenses for the reporting month is determined. In the case of income from operations with securities, this balance is debited from the debit of sub-account 91-9 “Balance of other income and expenses” to the credit of account 99 “Profit and loss”.

Example

In the fourth quarter of 2012, Aktiv LLC acquired 100% of the shares of Passiv JSC that are not traded on the OSM for the amount of 230,000 rubles. The main activity of Aktiv LLC is the provision of its own property for rent. Based on the results of 2012, the proceeds from the provision of property for rent amounted to 100,000 rubles. (without VAT), and expenses - 150,000 rubles. (without VAT) (expenses were formed mainly due to the payment of interest on a credit line received for the purchase of property). At the end of 2012, Aktiv LLC sold all 100% of the shares of Passiv JSC purchased earlier. Their estimated cost is 500,000 rubles.

In the accounting of Aktiv LLC, these transactions will be reflected as follows:

DEBIT 62 CREDIT 90-1

- 100,000 rubles. - revenue from the main activity is reflected;

DEBIT 20 (26) CREDIT 60 (76, 70, 69)

- 150,000 rubles. - reflects the costs of the main activity;

DEBIT 90-2 CREDIT 20 (26)

Instruction

Read the contents of the tax return form. Reporting consists of a title page, 8 sheets and 18 applications. In the case of receiving income from the sale of shares, sheet 6 and Appendix 3 are mandatory. The first determines the amount of personal income tax that is payable to the budget, and the second provides a calculation of the tax base for transactions with shares and other securities.

Fill out Appendix 3 of the tax return in the form 3-NDFL. In line 001, the number 1 must be entered if the income from the sale of shares is received from sources in the Russian Federation, otherwise the number 2 is entered. In line 010, it is necessary to indicate the sign of transactions performed. If the shares were traded on the organized securities market, then put the number 1, if they were not traded, then the number 3, and if they were not traded, but met the relevant requirements, then the number 2.

Mark in fields 020, 030 and 040 of Appendix H of the declaration the data on the source of payment of income from the sale of shares: TIN code, KPP, name, etc. Note the amount of profit received in line 050. Determine the amount of expenses that are associated with the sale of shares. If this value is greater than the value of line 050, then it is indicated in field 060, if less, then in field 070. In the first case, the loss from the operation is shown, and in the second - taxable income.

Calculate the tax base and the amount of personal income tax. Since profit from the sale of shares is taxed at a rate of 13%, sheet 1 of the declaration is filled out. Enter the total amount of taxable income and tax deductions. Calculate the tax base, which is indicated in line 050. Multiply this value by 0.13 and reflect the tax amount in line 060. After that, reflect the resulting amount in line 040 of sheet 6 of the 3-NDFL declaration.

Prepare the title page of the declaration. Specify information about: full name, TIN code, passport information, contact address and telephone number. Note the reporting adjustment number and taxpayer category code.

Tip 2: How to fill out a tax return for the sale of an apartment

In accordance with Article 220 of the Tax Code of the Russian Federation, a declaration on the sale of real estate must be submitted by those whose square meters have been owned for less than three years, or their value is more than one million rubles. Other categories of citizens do not need to apply to the tax authorities.

You will need

• - Certificate 2-NDFL on income for the past year (you need to get it in all organizations if you changed jobs during this period);
• - contract of sale for an apartment;
• - certificate of state registration of property rights;
• - deed of transfer;
• - a receipt for receiving money (if any);
• - TIN.

Instruction

On the first page of your tax return, write down your personal information. Indicate in block letters the surname, name, patronymic, date and place of birth, citizenship, passport data. Check the box for the accuracy of the information specified in the questionnaire, and sign. Best of all it's on to right away. Then print out the sheet and sign it. You can download the 3-NDFL declaration here: http://nalogovod.ru/.

On the second page, in the upper boxes, put down an individual tax number (TIN). Specify the postal code and enter the place of registration again. Leave a phone number, home or mobile, where you can always be found.

Proceed to the completion of the third page. Indicate there information about the calculation of the tax base and the amount of tax on income taxable at a rate of 13%. Take them from the 2-NDFL certificates issued at work. Leave the same information on sheets A and K.

Complete page seven, section five. There, indicate the calculation of the total tax amount for all types of income, in particular, to. Write how much should be returned to the seller. You can find out the tax deduction when drawing up an act on the transfer of living space in the Registration Chamber of the Russian Federation or calculate it yourself.

On the eighth page, indicate again the amount to be paid to the state budget, as well as its OKATO code. It can be clarified by calling the reference phone at the Tax Inspectorate.

Proceed to fill out sections A, G and K. These are the ninth, sixteenth, seventeenth and twenty-first to twenty-third pages of the declaration. Information for filling out these sheets, take from the documents on the sale of the apartment and the certificate of ownership. Specify there:

Passport data of the seller and the buyer;

The amount of income;

TIN of the source of payments;

The amount of tax deductions.

Under each sheet, put a signature with a transcript, as well as the date of completion.

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note

For those who sold real estate, it is mandatory to fill out the first, second, third, seventh and eighth pages of the declaration, as well as paragraphs A, G, K. Those who bought an apartment - the same pages and paragraphs A, K, L.

The declaration of income is filled out and submitted to the tax office by both legal entities and individuals. Documents confirming income must be attached to it. And if the taxpayer claims a tax deduction, then together with the declaration, documents on the expenses of the declarant are submitted.

You will need

• - a computer;
• - program "Declaration";
• - documents of the enterprise or natural person;
• - documents confirming income;
• - documents on expenses;
• - company seal.

Instruction

Check the box for your income, which is taken into account in certificates of income of an individual, under civil law contracts, royalties or from the sale of property.

Confirm the completeness and accuracy of the information provided personally if you fill out and submit the declaration yourself; representative (individual or legal entity), if another citizen or legal entity fills in for you.

In the information about the declarant, indicate your last name, first name, patronymic, date and place of birth in accordance with the identity document, and, if available, enter the taxpayer identification number (TIN).

In the information about the identity document, enter its series, number, date and place of issue. In the citizenship data, select "citizen of the Russian Federation", if you are one; "stateless person" if you are a citizen of another country; select the country from the list provided.

In income received on the territory of the Russian Federation, select the tax rate that you pay to the state budget, enter the name, its tax identification number and registration code. Enter the amounts of income by months in accordance with the documents confirming these incomes.

If you are claiming a tax deduction, please complete the required fields in this section in accordance with the documents supporting your expenses.

Submit the completed declaration to the tax office at your place of residence or at the location of the enterprise with the necessary package of documents attached to it by April 30 of the year following the reporting year.

Related videos

Sources:

• The program for the preparation of information on the income of individuals in the form of 2-NDFL for 2009 in electronic form. Download

Tip 4: How to fill out an income tax return when selling an apartment

In accordance with Article 220 of the Tax Code of the Russian Federation, the seller of real estate can take advantage of the property tax deduction. If the property has been owned for more than three years, then there is no need to submit a declaration to the tax office. But if you have owned an apartment for less than three years, then the amount of income is taxed at a rate of 13%.

You will need

• Income declaration form.

Instruction

Initially, you need to fill out a title page, consisting of two pages. In the "Adjustment Number" field, enter the number 0. In the "TIN" field, enter your taxpayer identification number. Then indicate the tax period for which you report - the year in which the apartment was sold. In the "Submitted to the tax authority (code)" field, enter the number of the tax office where you are registered.

If you are filing a declaration as an individual, put the number 760 in the "Taxpayer category code" field. You can find out the OKATO code at the tax authority and enter it in the appropriate field. Next, enter your last name, first name, patronymic and contact phone number. Also on the first page, write the total number of pages of the declaration and the number of documents that will be attached. At the very bottom of this page, you must put the date of completion and your signature.

On the second page, enter your melons in the following fields: “Date” and “Place of birth”. In the "Citizenship" field, put the number 1 if you are a citizen of any country; number 2 if you do not have any citizenship.

Publication date: 06/01/2016 09:35 (archived)

The reflection in the income tax declaration of organizations of operations with securities depends on the qualification of securities: circulating or not circulating on the organized securities market (ORTSB)

The procedure for qualifying securities as circulating on the organized market is enshrined in paragraph 9 of Art. 280 of the Tax Code of the Russian Federation.

We remind you that from 01.01.2015:

 Income (expenses) from operations with tradable securities are accounted for in the general tax base (clause 21, article 280 of the Tax Code of the Russian Federation); the lines of applications 1 and 2 to Sheet 02 of the declaration are filled in:

in Appendix 1 to Sheet 02

Page 023 - "Proceeds from the sale (disposal, including income from redemption) of securities circulating on the organized securities market - total";

Page 024 - "including the amount of deviation from the minimum (estimated) price";

in Appendix 2 to Sheet 02

Page 072 - "Expenses associated with the acquisition and sale (disposal, including redemption) of securities circulating on the organized securities market";

Page 072 - "the amount of deviation from the minimum (estimated) price."

 The tax base for transactions with non-tradable securities is determined separately from the general tax base, unless otherwise provided by Art. 280 of the Tax Code of the Russian Federation (i.e. exceptions - for taxpayers - professional participants in the securities market, organizers of trade, exchanges, management companies, clearing organizations performing the functions of a central counterparty, as well as for hedging operations); Sheet 05 is filled in with the code "1" (with securities not traded on the organized securities market).

Income from operations with tradable securities for the reporting (tax) period cannot be reduced by expenses (losses) from operations with non-tradable securities (clause 21, article 280 of the Tax Code of the Russian Federation). Losses determined in accordance with Art. 274 of the Tax Code of the Russian Federation, taking into account all income (expenses) that form the general tax base, can be directed by the taxpayer to reduce the tax base (profit) on transactions with non-tradable securities (clause 24, article 280 of the Tax Code of the Russian Federation).

Transitional provisions for recording losses on transactions with securities (balances of untransferred losses)

 Losses on completed transactions received by taxpayers, with the exception of professional RZB participants, on transactions with transferable securities that arose before December 31, 2014. inclusive and not previously taken into account when determining the tax base, reduce the total tax base of the relevant reporting (tax) periods starting from January 1, 2015, determined in accordance with Art. 280 of the Tax Code of the Russian Federation, but not more than 20% of the initial amount of such losses, determined as of December 31, 2014, annually until January 1, 2025. (Clause 3, Article 5 of the Federal Law No. 420-FZ of December 28, 2013).

 Losses on completed transactions received by taxpayers, with the exception of professional RZB participants, on transactions with non-marketable securities that arose before December 31, 2014 inclusive and were not previously taken into account when determining the tax base, reduce the tax base of the relevant reporting (tax) periods starting from January 1, 2015, determined in accordance with Art. 280 and 304 of the Tax Code of the Russian Federation on transactions with non-tradable securities, in the amount of not more than 20% of the initial amount of such losses, determined as of December 31, 2014, annually until January 1, 2025. (Clause 4, Article 5 of the Federal Law No. 420-FZ of December 28, 2013).

A taxpayer who has balances of untransferred loss on completed transactions on transactions with transferable securities, as well as on transactions with non-tradable securities, must fill out two appendices No. 4 to Sheet 02 (with code "1" and with code "5").

If at the beginning of the reporting (tax) period there are untransferred losses on non-marketable securities, first of all, Appendix No. 4 to Sheet 02 of the declaration with the code “5” is drawn up (for transactions with non-tradable securities and FISS as of December 31, 2014) and Sheet 05 with the code “1” (with non-tradable securities) because the tax base for non-tradable securities, after being reduced by the recognized losses of previous years, is added to the tax base for the main activity.