Joint activities: accounting and taxation. Situation on VAT in the framework of joint activities Reimbursable expenses in case of joint activities VAT

In the process of carrying out activities within the framework of the partnership, the following issues have to be addressed:
- which of the partners accrues and pays VAT on activities carried out under a simple partnership agreement;
- on whose behalf invoices are issued for the sale of goods, works, services produced under the contract;
- how to deduct "input" VAT on goods, works or services purchased for the activities of the partnership.

Who pays VAT?

Until 2006, the Tax Code of the Russian Federation did not regulate the procedure for calculating VAT in the course of joint activities. Participants of a simple partnership agreement were previously given the opportunity to choose an authorized participant in the partnership, who was entrusted with the conduct of common affairs, the calculation and payment of VAT on all operations carried out under a simple partnership agreement, or to calculate and pay taxes on operations carried out as part of a joint activity independently (see Letter of the Ministry of Taxation of Russia dated 18.08.2004 N 03-1-08 / 1815 / [email protected], p. 2 of the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 10, 1996 N 9 "Review of judicial practice in the application of legislation on value added tax", Resolution of the FAS of the Moscow District of 05.08.2005 N KA-A40 / 7209-05, Resolution of the FAS of the Ural district of May 26, 2005 N F09-2235 / 05-C2).

From January 1, 2006, VAT on transactions under a simple partnership agreement is calculated and paid in accordance with Art. 174.1 of the Tax Code of the Russian Federation. It enshrines the rule that the obligation to maintain a general record of transactions subject to taxation in accordance with Art. 146 of the Tax Code of the Russian Federation, are assigned to one participant in the partnership. It can be a Russian organization or an individual entrepreneur. The selected participant is also responsible for the duties of the taxpayer, established by Ch. 21 of the Tax Code of the Russian Federation.

Actually, the new norm consolidated the procedure that was previously recommended for such a situation in the Letter of the UMNS of Russia for the city of Moscow dated January 23, 2003 N 24-11 / 4679.

A participant who will act as a taxpayer in accordance with Art. 174.1 of the Tax Code of the Russian Federation, must be defined in a simple partnership agreement (agreement on joint activities). The contract must indicate that the authorized partner is entrusted with the conduct of general affairs and accounting.

Everything would be fine if the partnership included only VAT payers. But it is possible that one of the comrades, for example, due to the use of a simplified taxation system, is not a payer.

And then lawyers begin to argue how Art. 174.1 of the Tax Code of the Russian Federation with special rules, which are set out in other chapters of the Tax Code of the Russian Federation. For example, the rules for calculating taxes for those who apply the simplified tax system are established by Ch. 26.2 of the Tax Code of the Russian Federation. In paragraph 3 of Art. 346.14 of the Tax Code of the Russian Federation states that "taxpayers who are parties to a simple partnership agreement (agreement on joint activities) apply income reduced by the amount of expenses as an object of taxation", and in accordance with this regime are not VAT payers (clause 2 of Art. 346.11 of the Tax Code of the Russian Federation).

According to the opinion of the Ministry of Finance of Russia, expressed in Letter No. 03-11-04/2/49 dated February 21, 2006, the same procedure for calculating VAT within the framework of joint activities applies to "simplified" participants in joint activities as for organizations applying general system of taxation. Entrepreneurial activity within the framework of a simple partnership agreement is carried out by its participants without forming a legal entity. And the subjects of the USN are organizations, that is, legal entities and individual entrepreneurs. For this reason, an organization that applies the "simplified" system and conducts common affairs under a simple partnership agreement is recognized as a VAT payer in relation to operations for the sale of goods (works, services) in Russia carried out under this agreement.

According to a number of experts, the newly introduced Art. 174.1 should not apply to persons applying special tax regimes, including the simplified taxation system, since the rules on the simplified tax system are special in relation to the general rules of the law. And when interpreting the norms of the law, it is necessary to proceed from the principle of priority of a special norm over a general one (Resolution of the Constitutional Court of the Russian Federation of May 14, 2003 N 8-P). By virtue of this Art. 174.1 of the Tax Code of the Russian Federation should not apply to persons applying special tax regimes, including the simplified taxation system.

But the issue remains controversial. Legislators are constantly amending the Tax Code of the Russian Federation, including as a result of pressure from tax authorities and taxpayers. Problems are slowly being resolved, because Art. 174.1 of the Tax Code of the Russian Federation appeared recently. If the norms in the law are ambiguous, taxpayers have the right to obtain clarifications from the Russian Ministry of Finance by contacting it with a written request. But it is better to avoid uniting participants who are on different regimes in relation to VAT.

Calculation of VAT upon sale

When selling goods (works, services), transferring property rights in accordance with a simple partnership agreement, an authorized participant calculating VAT is obliged to issue relevant invoices in accordance with the generally established procedure.

VAT deductions

The authorized party to the agreement has the right to deduct the amount of tax on goods (works, services), including fixed assets and intangible assets, property rights acquired for the production and (or) sale of goods (works, services) recognized as an object of taxation under this agreement (clause 3, article 174.1 of the Tax Code of the Russian Federation).

Recall that the deduction is made if the following conditions are simultaneously met (Article 171 of the Tax Code of the Russian Federation):
- purchased goods (works, services) and property rights are taken into account on the basis of primary accounting documents;
- purchased goods (works, services) and property rights are used in activities subject to VAT;
- invoices were received from suppliers, drawn up in accordance with Art. 169 of the Tax Code of the Russian Federation.

For goods imported into the customs territory of the Russian Federation from abroad, VAT can be deducted only if there is confirmation of payment of tax to the customs authorities.

At the same time, paragraph 3 of Art. 174.1 of the Tax Code of the Russian Federation provides that in order to apply the tax deduction in this case, invoices must be issued specifically to the participant in a simple partnership acting as a taxpayer.

If another participant (non-acting taxpayer) is indicated as a buyer in invoices issued by suppliers, it is necessary to contact the supplier with a request to correct the invoices. The possibility of transferring invoices issued on behalf of or in the name of comrades who are not acting as a taxpayer to a comrade acting as a taxpayer, for accounting by him when calculating VAT, is not provided for by the Tax Code of the Russian Federation.

In addition, one more requirement of this article must be met. An authorized participant has the right to deduct VAT only if he keeps separate records of goods (works, services), including fixed assets, intangible assets and property rights used in the implementation of:
- operations in accordance with a simple partnership agreement;
- other (main) activities.

However, legislators have not specified the mechanism for maintaining separate accounting for "incoming" VAT for these situations. The method of separate accounting should be reflected in the accounting policy for tax purposes. According to the author, one can be guided by the provisions of paragraph 4 of Art. 170 of the Tax Code of the Russian Federation, according to which "incoming" VAT on purchases that cannot be attributed to a specific activity is distributed in proportion to the cost of shipped goods (works, services), property rights by type of activity for the VAT tax period (month or quarter).

To confirm separate accounting and to avoid claims from the tax authorities in the future, documents on joint activities can be drawn up by an authorized participant in the following way.

In an agreement concluded with a third party, it should be indicated that the transaction is concluded on behalf of all partners. This can be done by drawing up the preamble of the contract under which the goods (works, services) are purchased, for example, as follows:

"Firm "Zima", hereinafter referred to as the "Buyer", represented by the General Director Petrov S.S., acting on the basis of the Charter and the Agreement on joint activities (simple partnership) N ____ dated "___" 200__, on the one hand, and LLC "X", hereinafter referred to as the "Supplier", represented by General Director Ivanov V.V., acting on the basis of the Charter, on the other hand, have concluded this agreement as follows: ..".

In payment documents, in the column for the purpose of payment, you can specify the details of two contracts (an agreement for the purchase of goods (works, services) and an agreement on joint activities), for example:

"Payment for goods under Contract No. ____ dated "___" 200_ in pursuance of Contract No. ___ dated "___" 200_".

This will confirm that the transactions made by the participant were carried out by him within the framework of a simple partnership (joint activity) agreement.

Taking into account the above, from January 1, 2006, when concluding a joint activity agreement or an agreement on trust management of property, it is necessary to remember the following features of taxation:
- common affairs should be conducted by one participant - a Russian organization or an individual entrepreneur;
- all transactions for the sale and purchase of goods should be registered in the name of this participant conducting common business;
- if the participant conducting common business has other activities, then separate accounting of operations carried out within the framework of this activity and in the interests of the execution of joint activity agreements should be ensured.

How to fill out a declaration?

The current form of the VAT tax return was approved by Order of the Ministry of Finance of Russia dated November 7, 2006 N 136n. The same document also approved the procedure for filling out a tax return for value added tax. The general provisions of the Procedure say that the VAT tax return is submitted by organizations and individual entrepreneurs - taxpayers, including persons (participants of partnerships), on which, in accordance with Art. 174.1 of the Tax Code of the Russian Federation imposes the duties of a taxpayer.

The declaration shall be submitted to the tax authorities at the place of registration of the taxpayer no later than the 20th day of the month following the expired tax period.

The procedure for filling out the declaration does not provide for the need to submit a separate VAT declaration to the tax authority in terms of operations under a simple partnership agreement. At the same time, there are no special sections in the declaration form or any decoding of indicators for these situations.

According to the author, a participant in a simple partnership agreement that calculates VAT, when filling out a declaration, should add data related to operations under a simple partnership agreement to the indicators for "their" operations that are not related to joint activities. Since an authorized partner keeps separate records, nothing can prevent him in the "general" declaration from highlighting the corresponding turnovers for sales and deductions for "his activities" and for operations related to a simple partnership agreement. For example, for this you can give such transcripts "including for operations carried out under a simple partnership agreement."

The parties to a simple partnership agreement, when organizing common activities, are required to form a “single” accounting. To do this, one commercial structure (legal entity) is selected from among the participants in this agreement, which is endowed with the necessary powers.

From now on, current joint affairs are displayed on the offline balance sheet in the generally accepted manner. Unified accounting is designed to display the following business transactions in accordance with the current contract:

• costs and profits for collective labor;
• calculation of financial results on an autonomous balance sheet.

In the balance sheet of a commercial structure authorized to conduct common affairs, information from a single accounting is not entered. The procedure for unified accounting in the conduct of common activities by commercial structures is determined by PBU 20/03 ( Decree of the Ministry of Finance No. 105n dated November 24, 2003).

Business transactions related to VAT in case of joint activities of commercial structures

The tax legislation of the Russian Federation does not specify separate conditions for calculating VAT for a simple partnership. In the circle of persons liable for the payment of VAT in accordance with the generally accepted provisions of the Tax Code of the Russian Federation, Art. 143 includes individual entrepreneurs and organizations on OSNO. A simple partnership is not identified with a legal entity and has no obligation to pay VAT.

Within the bounds of cooperative activity, the commercial structures of the partnership have the right to pay VAT separately, subordinate to their own share of participation. Also, as an alternative, they have the right to implement their obligations to pay taxes through an authorized person.

In the second option, the elected obligated person in relation to the rest of the shareholders will be recognized as their representative. Then it will have the right to carry out all actions regarding taxes only if there is a certified power of attorney.

• calculation and payment of VAT on the relevant transactions;
• issuing settlement documents, invoices;
• reporting on sales and acquisitions;
• preparation and submission of VAT returns.

At the same time, it is assumed that the rest of the shareholders must draw up documentation in terms of collective activities in the name of the person authorized for general affairs. Payment of joint expenses is made by any shareholder, mutual settlements are displayed on the account of the second order 76.3. These rules apply only to the simple partnership agreement, according to which a responsible person is appointed to conduct joint affairs.

Typical accounting entries for VAT used in a simple partnership

The composition of VAT calculations includes accrual, recovery, payment, deduction, VAT compensation and "input" tax. The accrual depends on the type of operation it is accrued for. Applied account 19 is used as part of accounting records to display generalized information on VAT payments for purchased products. Accounts of the second order to it are opened depending on the type of purchased goods.

Common Mistakes in VAT Calculation

Most often, making mistakes in terms of VAT is associated with a violation of the norms of Chapter 21 of the Tax Code of the Russian Federation. Such is, for example, the illegal acceptance of tax deductibility on non-taxable goods.

If the obligated person (shareholder) has deducted value added tax on products that will be further involved in operations not subject to VAT, then these tax amounts must be restored in order to transfer them to the budget.

An erroneous display of product sales can cause an underestimation of the tax base, which is also considered a violation. Regulatory authorities carefully monitor such violators and apply sanctions to them.

Among the common mistakes, the acceptance of VAT for deduction without proper certification documents or on the basis of unreliable settlement documents is quite common. According to Art. 172 of the Tax Code of the Russian Federation when purchasing products (services, works), the amount of tax paid to the seller upon purchase is deductible on the basis of the following mandatory documents:

• invoice issued by the seller at the time of purchase;
• property rights;
• documents certifying the fact of tax payment;
• other documents in accordance with paragraph 1 of Article 172.

By the way, from October 1, 2017, a new invoice form is used. This mandatory document regarding the sale and purchase requires the seller (executor) to strictly adhere to the approved form. When compiling it, one should be guided by the Government Decree of the Russian Federation No. 981 dated August 19, 2017.

If it is necessary to edit the cost of goods (works or services), a corrective form of the document is displayed. Its new form has also been introduced and has been in effect since August of this year. Standard grounds for adjustment are changes in volumes, prices, numbers.

Issuance, storage of these forms of documents must be recorded in the accounting journal, and in the future, when they are issued, received - in the book of sales and purchases.

Expert opinion on the calculation of VAT in the implementation of general activities by commercial structures

On VAT issues in the sale of goods (services, works) within the framework of a simple partnership agreement, the explanations provided by the RF Tax Inspectorate in letter No. 03-1-08 / 1815 / [email protected] from 18.08.2004.

Legal entities, participants in this agreement, are prescribed to be guided by the formation of accounting PBU 20/30, in particular, clause 17. According to it, accounting for business operations on joint activities on an autonomous account is provided by a responsible person who manages all the affairs of the partnership. In this case, the conditions prescribed in the contract are taken into account. They also keep separate records of business transactions for their activities.

It is noted that in the partnership agreement, the powers to form the accounting of common property can be assigned to a specific party of this agreement (commercial structure). Then she will be obliged to calculate and pay VAT on taxable transactions under this agreement. And it does not matter whether this structure is a VAT payer for its dominant activity or not. Also, her duties include filing a VAT return, filling out books of purchases and sales, a journal for recording settlement documents.

Letter from the Head of the Department of Indirect Taxes, Counselor of the National Assembly of the Russian Federation of the 2nd rank N.S. Chamkina

Example 1. Accounting for VAT on an autonomous balance sheet when identifying revenue from joint activities by commercial structures

Two commercial structures have drawn up a simple partnership agreement. On its basis, shareholders have combined their efforts and available funds for the purpose of collective cultivation of agricultural products and its subsequent sale.

Responsibilities were divided as follows. One shareholder is engaged in sowing, cultivation and harvesting, and the second sells finished agricultural products.

The proceeds received are divided by shareholders in accordance with the conditions specified in the contract. Unified accounting is authorized to be maintained by one of the commercial structures that have entered into a simple partnership agreement.

Accounting entries in terms of VAT are made when displaying the received profit in a single accounting.

Example 2. Displaying VAT on the lease of warehouse space used by commercial entities in a joint venture

Project LLC and entrepreneur Kolosovsky N.M. united on the basis of a simple partnership agreement. The present shareholders have determined that the common affairs will be conducted by OOO Proekt. Accordingly, a separate account was opened for these purposes.

In the process of carrying out general activities, the IP paid for the rent of warehouse space. Shareholders later used them to store their products. When making a fee, including VAT, the IP issued payment documents to Project LLC. Completed business transactions should be displayed in general accounting, as well as separately for IP Kolosovsky N.M.

Thus, VAT is displayed only in the unified accounting of business transactions of shareholders of the partnership. In such situations, the current norms of the tax source are applied (Article 174.1. Tax Code of the Russian Federation).

Answers to frequently asked questions

Question #1: Is VAT subject to property invested by a commercial structure in general activities, and how should this be reflected in accounting?

The transfer (and return when allocating a share commensurate with the initial contribution) of property as an investment contribution in accordance with the agreement reached on common activities is not subject to VAT. Rationale - regulations of the Tax Code of the Russian Federation:

• article 39, paragraph 3, paragraph 4 (on business transactions that are not the sale of goods, services, works);
• article 146, paragraph 2, paragraph 1 (business transactions that are not subject to taxation).

This point of view is explained by the editor-in-chief of the VAT: Problems and Solutions magazine Svetlana Nikolaevna Zaitseva in the author's article "Joint activities: investing in property" (September issue for 2017).

The property invested in the general activity is shown as a financial investment at the book price. Account 58 (Investments) and the second-order account “Contributions under a simple partnership agreement” are used.

Question #2: How to display in the financial statements of each shareholder the financial result from the overall activity?

Reporting is prepared in the generally accepted manner (as for a legal entity), taking into account the results obtained from general activities. The shareholder's personal contribution is displayed as a financial investment in the balance sheet. The results of the divided profit and expenses can be attributed to other expenses (for the report on revenue and damage).

As explanations for the reporting provided by the accounting department, the share of the legal entity in expenses, revenues, and contractual obligations is displayed.

How to deduct VAT when performing construction and installation works for own consumption. When input VAT can be deducted. How to pay VAT on activities under a simple partnership agreement.

Question: The participants in the simple partnership agreement are on the simplified tax system, within the framework of the agreement they are building a shopping center, which they will then use under the simple partnership agreement (VATable activity), can they deduct VAT on materials for construction?

Answer: When carrying out joint activities, VAT calculations are carried out by the organization that is entrusted with keeping records: it charges VAT, it also deducts the input tax presented by suppliers and contractors (clause 3 of article 174.1 of the Tax Code of the Russian Federation).

When carrying out construction for own needs, the input VAT presented by suppliers of building materials, when renting equipment, for contract work, etc., is deductible on a general basis (paragraph 1, clause 5, article 172 of the Tax Code of the Russian Federation), i.e. . when the necessary conditions are met (Articles 169, 171, 172 of the Tax Code of the Russian Federation):

Purchase accepted

There is a correctly issued invoice from the supplier (or UPD)

VAT submitted by the supplier

The purchase is intended for the implementation of VATable activities.

Thus, if the above conditions for deduction are met, then the partner keeping records of joint activities can deduct VAT on materials for construction.

Rationale

How to deduct VAT when performing construction and installation works for own consumption

When performing construction and installation works for its own consumption, the organization may deduct:

input VAT on goods (works, services) purchased for construction and installation works;

the amount of VAT charged on the cost of construction and installation works.

Input VAT on goods (works, services) purchased for construction and installation works for own consumption, be deductible in the usual manner (paragraph 1, clause 5, article 172 of the Tax Code of the Russian Federation). That is, after the said goods (works, services) are registered (paragraph 2, paragraph 1, article 172 of the Tax Code of the Russian Federation) and if there is an invoice (paragraph 1, paragraph 1, article 172 of the Tax Code of the Russian Federation).

How to pay VAT on activities under a simple partnership agreement

The obligations of a VAT payer, established by Chapter 21 of the Tax Code of the Russian Federation, are assigned to the participant who maintains general accounting. This is stated in paragraph 1 of Article 174.1 of the Tax Code of the Russian Federation. When selling goods (works, services), property rights within the framework of joint activities, it is this participant who is obliged to issue invoices to buyers (clause 2 of article 174.1 of the Tax Code of the Russian Federation). When drawing up invoices, you need to take into account the peculiarities of their numbering. After the serial number, a digital index should be indicated, indicating that the document was drawn up under a simple partnership agreement (paragraph 4 subparagraph "a" paragraph 1 of section II of Appendix 1 to the Decree of the Government of the Russian Federation of December 26, 2011 No. 1137).

An example of filling out an invoice when selling goods under a joint venture agreement

Alpha LLC and Master Production Company LLC entered into a simple partnership agreement. Joint activity - production of furniture. As a contribution to the simple partnership, "Master" contributed production equipment, and OOO "Alpha" - a batch of materials. Alfa has been appointed as a participant in a simple partnership agreement conducting common business. When compiling invoices under a simple partnership agreement, Alpha uses the approved digital index "01".

In October, within the framework of a simple partnership agreement, 10 “Uyut” furniture sets were sold. The buyer was LLC “Trading firm “Germes””. The selling price of one headset is 150,000 rubles / piece. (without VAT). The total amount of the transaction is 1,500,000 rubles. (10 pieces x 150,000 rubles / piece).

Furniture is subject to VAT at a rate of 18 percent (clause 3, article 164 of the Tax Code of the Russian Federation). The amount of VAT that was presented to the buyer was:
RUB 1,500,000 x 18% = 270,000 rubles.

Thus, the total cost of furniture sold (including VAT) is 1,770,000 rubles. (1,500,000 rubles + 270,000 rubles).

The advance payment for the sold furniture was transferred from Hermes to the settlement account of the simple partnership by payment order in October.

Alfa presented Hermes with an invoice for the cost of the shipped products.

Tax deductions within the framework of a simple partnership can also be used only by a participant who maintains general accounting. At the same time, in order to deduct input VAT, he must have invoices issued by sellers in his name. Another condition for the legal deduction of VAT is the maintenance of separate records of transactions that an authorized partner conducts in addition to joint activities. This is provided for by paragraph 3 of Article 174.1 of the Tax Code of the Russian Federation.1

The amount of VAT payable to the budget for the operations of a simple partnership, the participant who maintains general accounting, must be reflected in his tax return. This follows from the provisions of the Tax Code of the Russian Federation and paragraph 1 of section I of the Procedure, approved by order of the Federal Tax Service of Russia dated October 29, 2014 No. ММВ-7-3 / 558.

When input VAT can be deducted

Tax deduction is the amount by which you can reduce the VAT accrued on the sale of goods, works, services or property rights. Such a definition follows from the provisions of Article 166 and paragraph 1 of Article 171 of the Tax Code.

Who can use the VAT deduction

Only those organizations and entrepreneurs that apply the general taxation system and are not exempt from taxpayer obligations related to the payment of VAT will be able to take advantage of the deduction. In other cases, input VAT cannot be deducted. Such amounts are allowed to be included in the cost of purchased goods, works, services and property rights or accounted for separately in expenses (

In view of the fact that the established partnership is not a legal entity, the taxpayers in terms of income and other objects of taxation are the participants in the joint activity agreement. An exception to this rule is VAT and excises, the payer of which, in respect of all operations of the partnership, is recognized as a party to the agreement, which keeps records of property and (or) ongoing operations.

The parties to a joint activity agreement have the right to designate one of the partners as their authorized representative. In this case, the authorized partner will exercise his powers on the basis of a power of attorney issued by the participants in accordance with civil law.

A power of attorney on behalf of a legal entity is issued signed by its head or another person authorized to do so by its constituent documents, with the mandatory application of the seal of this organization.

Simple partnership agreements are often concluded precisely to reduce the tax burden. At a minimum, this is due to the fact that deposits made and returned are not subject to VAT. In this regard, transactions on joint activities are always the object of close attention of the tax authorities.

value added tax

When performing transactions in accordance with a joint activity agreement, one of the participants in the partnership shall be subject to the taxpayer obligations established by Chapter 21 of this Code. At the same time, this participant will be a VAT payer, regardless of whether he has benefits for this tax in part of his main activity or not.

Accordingly, it is this partner who is obliged to issue invoices in the prescribed manner when selling goods (works, services), transferring property rights in accordance with a joint activity agreement, as well as keeping purchase books and sales books and registers of received and issued invoices. Tax deductions for the acquisition of goods (works, services) within the framework of a simple partnership are applied by the participant conducting common business. To receive tax deductions, a partner who registers invoices of suppliers (executors) and accepts goods (works, services) must, in addition, keep separate records of goods (works, services), including fixed assets and intangible assets, property rights that are used in the implementation of operations in accordance with a joint activity agreement and are applied in the implementation of other activities.

An authorized participant in a joint activity also submits to the tax authorities a VAT tax return on transactions carried out under a simple partnership agreement.

When selling goods (works, services), the sale of which is not subject to VAT (exempted from taxation), invoices must be issued without allocation of the corresponding tax amounts. At the same time, on invoices, as well as on settlement documents and primary accounting documents, an appropriate inscription is made or a stamp "Without tax (VAT)" is affixed.

When selling goods for cash by retail trade and public catering organizations, as well as other organizations, individual entrepreneurs performing work and providing paid services directly to the population, issuing invoices is not required. These actions replace the issuance of a cash receipt or other document of the established form to customers, namely a strict reporting form.

The invoice must contain reliable information about the consignor (seller) and consignee (buyer), including their TIN and KPP. Invoices drawn up and issued in violation of the established procedure, including those that contain false information about the taxpayer, cannot serve as a basis for accepting for deduction or reimbursement of VAT amounts presented to the buyer by the seller.

Based on this, it is recommended that a partner who pays VAT acting as a buyer, check the completeness and accuracy of the information specified by the seller, including filing appropriate requests to the tax authorities or using the appropriate reference databases.

income tax

One of the participants in the partnership must be authorized to record the income and expenses of this partnership for tax purposes. At the same time, in any case, such a participant may be an organization or an individual who is a tax resident of the Republic of Kazakhstan. If at least one of the participants in the partnership is an organization or an individual that is a tax resident of the Republic of Kazakhstan, the accounting of income and expenses of such a partnership for tax purposes must be carried out by the Russian participant, regardless of who is entrusted with managing the affairs of the partnership in accordance with the agreement.

Based on the results of each reporting (tax) period, a participant in a partnership that records the income and expenses of this partnership for tax purposes is obliged to determine on an accrual basis the profit of each participant in the partnership, which is established in proportion to the share of the corresponding participant in the partnership in accordance with the agreement, in the profit of the partnership received for the corresponding reporting ( taxable period. At the same time, the total amount of the partnership's profit for the reporting (tax) period is determined from the activities of all participants within the framework of the established partnership.

An authorized partner quarterly draws up documented calculations and reports on the amounts of income due (distributed) to each participant in the partnership before the 15th day of the month following the reporting (tax) period.

An organization that records the income and expenses of a partnership takes into account, when distributing profits, its share of participation in the established partnership. In a similar (above) procedure, it determines the profit in the part of its participation, which is subject to taxation as part of the non-operating income of this participant in the joint activity.

Participants in joint activities must include in the tax base the amounts of distributed profits even if they do not actually receive the corresponding amounts to their account, but direct them to the development of the established partnership or for other purposes. This is due to the need to record income and expenses on an accrual basis.

In turn, the negative difference between the valuation of the returned property and the valuation at which this property was previously transferred under a simple partnership agreement is not recognized as a loss for tax purposes.

In the economic activities of organizations, there are situations when it is necessary to combine efforts in order to jointly achieve the desired result. What is the procedure for recording transactions under a joint activity agreement in accounting and tax accounting?

T. D. Bursulaia,

General Director of LLC "RIGHT WAYS"

Joint activity: accounting and taxation

In the economic activities of organizations, there are situations when it is necessary to combine efforts in order to jointly achieve the desired result. What is the procedure for recording transactions under a joint activity agreement in accounting and tax accounting?

Under a simple partnership agreement (agreement on joint activities), two or more persons (partners) undertake to combine their contributions and act jointly without forming a legal entity to make a profit or achieve another goal that does not contradict the law (clause 1, article 1041 of the Civil Code of the Russian Federation). The contribution of a comrade is recognized as everything that he contributes to the common cause. The monetary value of the contribution of a friend is made by agreement between the partners (clauses 1, 2 of article 1042 of the Civil Code of the Russian Federation). The property contributed by the comrades, which they possessed by right of ownership, is recognized as their common shared property.

They can entrust accounting of common property to one of the legal entities participating in the simple partnership agreement (clauses 1, 2 of article 1043 of the Civil Code of the Russian Federation).

A partner conducting common business shall draw up and submit to the parties to the agreement on joint activities in the manner and within the time limits established by the agreement, the information necessary for the formation of reporting, tax and other documentation.

Submission of information is carried out within the time limits specified in the contract.

For the purposes of both accounting and tax accounting, organizations that conduct joint activities must approve an accounting policy; they can be drawn up as an annex to a simple partnership agreement.

The participant who, in accordance with the agreement, is entrusted with the conduct of common affairs in joint activities, is obliged to keep records of the property contributed by the participants in the joint activity agreement as a contribution, and operations on joint activities separately (on a separate balance sheet) from operations related to the performance of their ordinary activities. .

Thus, two balance sheets are drawn up: own and joint activities. The indicators of a separate balance sheet are not included in the balance sheet of a partner conducting common business.

Reflection of business transactions under a joint activity agreement, including accounting for expenses and income, as well as calculation and accounting of financial results on a separate balance sheet, is carried out in accordance with the generally established procedure.

Under a joint activity (simple partnership) agreement, two or more persons (partners) undertake to combine their contributions and act together in order to make a profit.

A contribution to a simple partnership can be any property - intangible assets, fixed assets, cash, securities, etc.

Assets contributed as a contribution under a joint activity agreement are included by the partner organization in financial investments at the cost at which they are reflected in the balance sheet, in the assessment provided for by the agreement, as of the date the agreement enters into force.

In the accounting of the transferring party (participant of the agreement), entries are made on the debit of account 58 "Financial investments", sub-account 4 "Deposits under a simple partnership agreement", and the credit of the accounts of the transferred assets, for example, 01 "Fixed assets", 04 "Intangible assets", 10 "Materials", 51 "Settlement accounts", etc.

Example

On the basis of a joint activity agreement, Partner 1 and Partner 2 intend to carry out joint activities in the manufacture of products. Partner 1's contribution is production equipment. The initial cost of the equipment, according to the accounting data of Partner 1, is 2,000,000 rubles, the amount of depreciation accrued at the time of transfer is 500,000 rubles.

In accordance with the terms of the agreement, the equipment contributed by Partner 1 was valued at 1,500,000 rubles. Comrade 2 contributes funds in the amount of 2,000,000 rubles as a contribution to the joint activity. By decision of the partners, the accounting of operations on joint activities is carried out by Partner 2.

Table 1

At the end of the reporting period, the resulting financial result - undistributed profit (uncovered loss) is distributed among the parties to the agreement on joint activities in the manner prescribed by the agreement. As part of a separate balance sheet, as of the date of the decision on the distribution of retained earnings (uncovered loss), accounts payable to partners in the amount of their share of retained earnings due to them or accounts receivable to partners in the amount of their share of uncovered loss due for repayment are reflected.

When the joint activity is terminated, a liquidation balance sheet is drawn up. It is formed by a comrade conducting common affairs on the date of termination of the agreement on joint activities (clause 21 PBU 20/03). At the same time, the property due to each partner as a result of the division is taken into account as the repayment of his share (contribution) in the joint activity. Settlements with participants in a simple partnership during the division of property are reflected in a separate accounting for joint activities using account 75 "Settlements with founders", subaccount 2 "Calculations for the payment of income".

The debt to the participant for the payment of his share is reflected in the debit of account 80 in correspondence with account 75, subaccount 2. The amount of depreciation accumulated on the fixed asset object is transferred from account 02 to the credit of account 01. The return of the fixed asset transferred to pay off the debt is reflected in the debit of the account 75, sub-account 2, and credit of account 01.

income tax

In practice, the conduct of common affairs, accounting and tax accounting is entrusted to one of the participants in a simple partnership. Only an organization can be a responsible participant (if the contract is concluded between an organization and an individual entrepreneur). If the contract is concluded between Russian and foreign organizations, then the Russian organization must be an authorized participant. When organizations combine to conduct a licensed activity, then an authorized participant is an organization that has the appropriate license. A responsible participant may be an organization that applies both the general taxation regime and the simplified tax system. Only those "simplifiers" who calculate the tax on the difference between income and expenses (clause 3 of article 346.14 of the Tax Code of the Russian Federation) can participate in joint activities. Of the payers of income tax, only organizations that determine income and expenses on an accrual basis have the right to conduct joint activities.

In this regard, organizations that, prior to the conclusion of a simple partnership agreement, calculated income and expenses for the purposes of taxing profits on a cash basis, are required to switch to the accrual method from the beginning of the tax period when the corresponding agreement was concluded (clause 4, article 273 of the Tax Code of the Russian Federation). If the responsible participant is a "simplified" organization, then it keeps records of common property, liabilities and business transactions in the manner prescribed for taxpayers applying the general taxation regime.

Participants in a simple partnership agreement - payers of income tax must include in the tax base the amount of distributed profit.

Income tax on income received from joint activities is paid by each participant in a simple partnership (clause 4, article 278 of the Tax Code of the Russian Federation).

The responsible participant keeps records of income and expenses, he also determines the financial results. In accordance with paragraph 3 of Art. 278 of the Tax Code of the Russian Federation, the responsible participant is obliged to determine the profit of each participant on an accrual basis at the end of each reporting (tax) period.

The profit received by organizations as a result of their joint activities is distributed in proportion to the value of contributions to the common cause, unless otherwise provided by a simple partnership agreement or other agreement.

The responsible organization is obliged to report on the amounts of income due to each participant in the partnership on a quarterly basis by the 15th day of the month following the reporting (tax) period (clause 3 of article 278 of the Tax Code of the Russian Federation).

Each participating organization that is a payer of income tax reflects these incomes as part of non-operating income and pays income tax on them in the generally established manner.

Profit from joint activities of a "simplified" organization is accounted for as part of non-operating income. However, unlike taxpayers with a general taxation regime, "simplifiers" include this profit in the tax base for tax paid in connection with the application of the simplified tax system, and tax it at a rate of 15% after the actual receipt of funds.

This is due to the fact that organizations using the simplified tax system recognize income for tax purposes as they receive funds to settlement accounts or to the cash desk of the organization (clause 1 of article 346.17 of the Tax Code of the Russian Federation).

The form of the document, according to which the responsible organization reports on the profit due to the participants, is not established by the Tax Code of the Russian Federation. That is why an organization conducting common affairs has the right to develop it independently. Since this form is the primary document for partnership participants, on the basis of which tax records are made, the document must contain all the necessary details in accordance with the Accounting Law.

Participants in simple partnerships in relation to income from joint activities pay only quarterly advance payments on income tax (clause 3 of article 286 of the Tax Code of the Russian Federation). Monthly advance payments are not listed.

The loss received during joint activities is not distributed among the participants and is not taken into account for tax purposes. If an organization is a participant in a joint activity (simple partnership agreement) and a loss has been incurred on such activity, the organization cannot reduce the taxable profit by the amount of such loss.

Upon termination of joint activities, property transferred to the common possession and (or) use of partners is returned to the owners without remuneration, unless other conditions are established by agreement of the parties (clause 2 of article 1050 of the Civil Code of the Russian Federation).

For the purposes of taxation of profits upon termination of a joint activity, the division of property that was in the common ownership of the partners, and the common rights of claim arising from them, is carried out in the manner prescribed by Art. 252 of the Civil Code of the Russian Federation.

Property acquired in the course of joint activity and which is in common ownership of the participants is also subject to division.

The tax base does not include the value of the share of property owned by a participant in a simple partnership agreement, allocated from property that is in common ownership of the participants in the agreement, but only within the limits of the contribution made by a participant in a simple partnership.

Incomes received upon exit from a simple partnership in the form of an excess of the value of the returned property acquired in the course of joint activities over the value of property contributed as a contribution to such activities are recognized as non-operating income for the purposes of taxation of profits (paragraph 9 of article 250 and subpara. 5 paragraph 1 article 251 of the Tax Code of the Russian Federation).

Income tax payers include these incomes in the tax base in the reporting (tax) period when the act of acceptance and transfer of property was signed.

When selling goods (works, services) related to joint activities, this participant, on its own behalf, must issue invoices to buyers and pay VAT to the budget (clause 2, article 174.1 of the Tax Code of the Russian Federation).

In the accounting department of the participant responsible for keeping records of operations on joint activities, a unified register of received and issued invoices is kept in the generally established manner and unified books of purchases and sales are compiled, while all invoices related to both joint activities, and to their own financial and economic activities.

Maintenance of separate journals and books for joint activities is not provided for by tax legislation. To fulfill the requirements of paragraph 3 of Art. 174.1 of the Tax Code of the Russian Federation on separate accounting for VAT under a simple partnership agreement and other transactions made in the purchase book and sales book, in our opinion, it is possible to introduce an additional column "VAT on joint activities", where information on VAT amounts related to joint activities can be summarized.

Since the comrade conducting common affairs acts as a taxpayer, he submits a VAT return at the place of his registration.

A participant making VAT settlements is entitled to apply a tax deduction for goods (works, services) purchased for joint activities.

To do this, it is necessary to receive invoices from suppliers (contractors) issued in the name of the participant who conducts common business.

The deduction is provided subject to the necessary conditions, namely: if the goods (works, services) are purchased for taxable transactions and are registered (there are supporting primary documents), the participant has an invoice from the seller issued in his name, and documents confirming payment tax (if the fact of payment is a prerequisite for deduction).

In order to obtain the right to VAT deductions, it is necessary to carry out separate accounting for this tax for operations of a simple partnership agreement and other operations performed (clause 3 of article 174.1 of the Tax Code of the Russian Federation).

When the agreement on joint activity is terminated, the property that is in common ownership is divided.

The property transferred to each of the participants is not taxed within the value of the initial contribution, which follows from subpara. 6 p. 3 art. 39 and sub. 1 p. 2 art. 146 of the Tax Code of the Russian Federation.

From the value of property exceeding the specified limit, the participant is obliged to calculate VAT, since the receipt of property in an amount exceeding the value of the initial contribution is recognized as the sale of goods (works, services).

Property tax

Russian organizations are subject to property tax on movable and immovable property recorded on the balance sheet as fixed assets, including those contributed to joint activities.

As a rule, the property used in the joint activity consists of the property contributed by the participants as a contribution and the property acquired and (or) created during the period of the joint activity.

Tax on each type of property is calculated in accordance with Art. 377 of the Tax Code of the Russian Federation.

So, each participant in a simple partnership calculates and pays tax not only on the transferred, but also on the acquired (created) property.

Each participant calculates the tax on the property contributed to the joint activity based on the residual value of the property reflected in the accounting.

The property acquired and (or) created during joint activities is common and is accounted for on a separate balance sheet of a simple partnership.

Each participant pays property tax on it in proportion to the value of the contribution to the joint activity.

If one of the participants in a simple partnership agreement has a property tax benefit, then it applies only to this participant.

In order for the participants in a simple partnership to correctly calculate and pay the property tax, file tax returns on it, the partner who maintains accounting records of the common property is obliged to inform them:

- information on the residual value of common property on the 1st day of each month of the reporting period (to determine the tax base for tax);

- information on the share of each participant in the common property of partners (to determine the amount of tax on property acquired (created) in the course of joint activities);

– other information necessary to determine the tax base.

The participant conducting common affairs must report the specified information to his comrades no later than the 20th day of the month following the reporting period, i.e. no later than April 20, July 20 and October 20 of the current year (clause 2 of article 377 of the Tax Code of the Russian Federation).

The information transmitted by a partner who keeps records of common property must reflect information on the residual value of the property not only on the 1st day of each month of the tax (reporting) period, but also on the 1st day of the month following the reporting period, and also on the last day of the tax period.

Each partner independently submits tax returns on property tax to the tax authorities. At the same time, organizations participating in joint activities should not calculate the property tax base separately in relation to property used in the activities of a simple partnership (clause 1, article 376 of the Tax Code of the Russian Federation).

Note that the very forms of the tax return and the tax calculation for the advance payment of corporate property tax do not allow separating information on property related to the activities of a simple partnership from information on other property of the taxpayer.

In addition, you cannot submit two declarations, as this is not provided for by tax legislation for the situation in question.

Therefore, the value of the corresponding indicator "Residual value of fixed assets" for each month of the tax (reporting) period sec. 2 tax calculation and sec. 2 of the tax return will also include property that is taxed as part of the activities of a simple partnership.

Accounting statements of participants in joint activities

According to paragraph 16 of PBU 20/03, the financial statements of a partner organization are submitted in the manner established for legal entities, taking into account the financial results obtained under a joint activity agreement.

In the balance sheet of the partner organization, the contribution to the joint activity is reflected in the composition of financial investments, and in case of materiality, it is shown as a separate item.

In the Statement of Financial Results, the profit or loss due to the partner organization according to the results of the section is included in other income or expenses when forming the financial result.

In the notes to the balance sheet and the Statement of Financial Performance, as part of the disclosure of information on the reporting segment on joint activities by a partner organization, the following are shown: share of participation (contribution) in joint activities; share in total contractual obligations; share of jointly incurred costs; share in jointly received income.

If the organization is a party to a joint activity agreement, the explanations must disclose at least the following information on participation in the joint activity: the purpose of the joint activity (production, performance of work, provision of services, etc.) and contribution to it; method of deriving economic benefit or income (joint operations, jointly used assets, joint activities); classification of the reporting segment (operational or geographic); the value of assets and liabilities relating to the joint venture; amounts of income, expenses, profit or loss relating to the joint activity.

Literature

1. On Approval of the Regulation on Accounting "Information on Participation in Joint Activities" PBU 20/03: Order of the Ministry of Finance of the Russian Federation dated November 24, 2003 No. 105n // Bulletin of Normative Acts of Federal Executive Authorities. - 2004. - No. 8.