Yu.V. Kapanina, certified tax consultant

Allowance for doubtful debts

How to calculate it and reflect it in the declaration

ATTENTION

If you have not created a reserve before, you can start doing this from the new year, fixing your decision in the accounting policy. Art. 313 of the Tax Code of the Russian Federation; Letter of the Federal Tax Service for the city of Moscow dated 06/20/2011 No. 16-15 / [email protected] .

Let's consider such a situation. Your company, which uses OSNO, has counterparties who could not pay their obligations on time. The result is an impressive accounts receivable. In addition, you have doubts that these debts will be returned to you at all. In this case, it makes sense to create a provision for doubtful debts. Art. 266 Tax Code of the Russian Federation. With it, you can quickly take into account possible losses from bad debts in expenses. sub. 7 p. 1 art. 265 Tax Code of the Russian Federation. Also, the reserve will allow you to coordinate the taxation of profits with the real financial condition of your company.

And how to form, use such a reserve and reflect all this in tax return you will learn from our article.

Formation of a reserve for doubtful debts

To determine the amount of the reserve, you need to last number each reporting (tax) period, conduct an inventory of receivables and paragraph 4 of Art. 266 Tax Code of the Russian Federation, according to the results of which to draw up an act (in a form developed independently, or in a unified form No. INV-17 Art. 9 of the Law of 06.12.2011 No. 402-FZ).

Of all receivables, you need to highlight the one that is doubtful. After all, it is precisely such debts that will participate in the formation of the reserve.

The debt is recognized as doubtful for the purposes of creating a reserve in tax accounting only if the following conditions are met paragraph 1 of Art. 266 Tax Code of the Russian Federation:

• the debt arose in connection with the sale of goods, the performance of work or the provision of services.

The debt formed on other grounds is not doubtful for the purposes of creating a reserve. For example, the debt on the transferred prepayment (advance payment), if the goods were not shipped (work was not performed, services were not provided) by the supplier within the time period established by the contract, to pay sanctions for violation of contractual terms, under loan agreements Letters of the Ministry of Finance dated 09/04/2015 No. 03-03-06/2/51088, dated 10/23/2012 No. 03-03-06/1/562 (p. 4), dated 07/24/2013 No. 03-03-06/1/ 29315 , dated 04.02.2011 No. 03-03-06 / 1/70;

• the debt is not repaid within the terms established by the agreement;
• the debt is not secured by collateral, surety, bank guarantee.

Next, look at the delay period and paragraph 4 of Art. 266 Tax Code of the Russian Federation:

• <если>delay less than 45 calendar days - the debt is not included in the reserve;
• <если>delay from 45 to 90 calendar days (inclusive) - 50% of the debt amount is included in the reserve;
• <если>delay of more than 90 calendar days - the entire amount of the debt is included in the reserve.

Please note that the debt is taken into account together with VAT Letter of the Ministry of Finance of June 11, 2013 No. 03-03-06/1/21726.

At the same time, the size created reserve should not exceed 10% of the revenue of the reporting (tax) period (excluding VAT) paragraph 4 of Art. 266 of the Tax Code of the Russian Federation; Letter of the Ministry of Finance dated 04/06/2015 No. 03-03-06/4/19198.

The amounts of deductions to the reserve are included in non-operating expenses for the last day of the reporting (tax) period a paragraph 3 of Art. 266, sub. 7 p. 1 art. 265 Tax Code of the Russian Federation.

Example. Creating a provision for doubtful debts

/ condition / The company first decided to create a reserve for doubtful debts on January 1, 2015. The company's revenue (excluding VAT) for the 1st quarter of 2015 amounted to 2,600,000 rubles.

/ solution / We calculate the amount of deductions to the reserve in the first quarter based on the amount of debt and the number of days of delay.

Then we will determine the maximum amount of deductions to the reserve based on the amount of revenue. In the first quarter, it will be equal to 260,000 rubles. (2,600,000 rubles x 10%).

Next, we compare the estimated amount of deductions with the limit value. Since 436,000 rubles. > 260,000 rubles, then the reserve in the first quarter is created in the amount of 260,000 rubles. On March 31, 2015, this amount is included in non-operating expenses in full, since no reserve was created before that.

Expenditure in the form of deductions to the created reserve for doubtful debts is not reflected separately. This amount, together with other non-operating expenses, is indicated on line 200 of Appendix No. 2 to sheet 02 of the declaration. Further, the data of line 200 of Appendix No. 2 to sheet 02 are transferred to line 040 of sheet 02 of the declaration.

Reserve transfer

If you did not use (or did not fully use) the created reserve in the reporting (tax) period, then its amount is transferred to the next reporting (tax) period. At the same time, the amount of the newly created reserve in the current quarter should be adjusted for the amount of this unused part and paragraph 5 of Art. 266 Tax Code of the Russian Federation. Then at the end of the next quarter you need:

• again conduct an inventory of debts and identify doubtful ones;
• calculate the amount of the new reserve based on the receivables in the manner similar to that previously described, and taking into account the limitation of 10% of the revenue of the relevant reporting (tax) period;
• compare the amount of the new provision with the balance of the unused (that is, with the amount of the provision created in the previous period, minus the bad debts written off from the reserve):

• <если>the amount of the new reserve is less than the unused balance of the reserve, then the difference is included in non-operating income of the current reporting (tax) period a paragraph 7 of Art. 250, paragraph 5 of Art. 266 Tax Code of the Russian Federation;
• <если>the value of the new reserve is greater than the unused balance, then the difference is included in non-operating expenses of the current reporting (tax) period a sub. 7 p. 1 art. 265, paragraph 3 of Art. 266 Tax Code of the Russian Federation.

Pay attention to the sequence of actions. First you need to compare the estimated amount of deductions to the reserve with the 10% revenue limit and only then adjust the newly created reserve for the balance of the reserve for the previous period. Decree of the Federal Antimonopoly Service of the Moscow Region No. А40-106629/11-91-444 dated September 6, 2013.

Example. Carryover of unused reserve to the next reporting period

/ condition / Let's continue the previous example. Revenue (without VAT) for the half year of 2015 - 4,100,000 rubles. Bad debt was not written off against the allowance in the 1st quarter of 2015. The unused balance of the reserve as of April 1, 2015 is 260,000 rubles.

/ solution / According to the results of the inventory carried out as of June 30, 2015, no new debts appeared. In May Debtor 4 paid for the services rendered.

The delay on all debts is now more than 90 calendar days, therefore, the entire amount of doubtful debts, except for the loan debt, is involved in the formation of the reserve. The estimated amount of deductions to the reserve is 873,000 rubles. (293,000 rubles + 580,000 rubles).

The maximum amount of deductions to the reserve is 410,000 rubles. (4,100,000 rubles x 10%), we create a reserve by this amount, since it is less than the estimated amount of deductions to the reserve (873,000 rubles).

Then we adjust the newly created reserve (410,000 rubles) for the unused balance (260,000 rubles). Since the new reserve is greater than the transferred balance, the difference is 150,000 rubles. (410,000 rubles - 260,000 rubles) are included in non-operating expenses on June 30, 2015

On income tax return the amount of deductions to the reserve (cumulatively 260,000 rubles + 150,000 rubles = 410,000 rubles) is reflected in the total amount of non-operating expenses in line 200 of Appendix No. 2 to sheet 02 of the declaration and line 040 of sheet 02 of the declaration.

Reserve use

The amount of the reserve in tax accounting can be used by the company only to cover losses from bad debts. paragraph 4 of Art. 266 Tax Code of the Russian Federation.

As you know, debts are recognized as bad (unrealistic to collect) paragraph 2 of Art. 266 Tax Code of the Russian Federation if one of the following events occurs:

• <или>the limitation period has expired (in general, it is 3 years from the day you learned or should have learned about the violation of your right, but for some claims, special deadlines are established by law and) articles 196, 197 of the Civil Code of the Russian Federation;
• <или>the debtor organization was liquidated, including excluded from the Unified State Register of Legal Entities as an inactive legal entity Art. 61, paragraph 9 of Art. 63, paragraph 2 of Art. 64.2 of the Civil Code of the Russian Federation; Letters of the Ministry of Finance of January 23, 2015 No. 03-01-10 / 1982, of July 24, 2015 No. 03-01-10 / 42792;
• <или>the obligation was terminated due to the impossibility of its performance (for example, due to force majeure circumstances) or on the basis of an act of a state body (for example, by a court decision, the debtor entrepreneur was declared bankrupt Letter of the Ministry of Finance dated May 25, 2015 No. 03-03-06/1/29969);
• <или>the bailiff-executor issued a decision on the completion of the enforcement proceedings and the return writ of execution to the creditor due to the impossibility of recovering Letters of the Ministry of Finance dated March 27, 2015 No. 03-03-06/1/17107, dated July 27, 2015 No. 03-03-06/1/43049.

Thus, if after the accrual of the reserve you recognize any debt as uncollectible, then the amount of this debt is not included in expenses, but is written off from the reserve.

If the created reserve is not enough to cover all bad debts, then the amount by which the bad debt exceeds the reserve must be included in non-operating expenses. sub. 2 p. 2 art. 265, paragraph 5 of Art. 266 Tax Code of the Russian Federation.

Example. Use of the allowance for doubtful debts in the third quarter

/ condition / Let's continue our example. Revenue (without VAT) for 9 months of 2015 - 6,700,000 rubles. The unused balance of the reserve as of July 1, 2015 is 410,000 rubles.

In August, the company received documents on the liquidation of Debtor 2 and its debt was recognized as uncollectible.

/ solution / Recognized as bad debt in the amount of 580,000 rubles. write off the reserve. At the same time, the amount of the formed reserve is 410,000 rubles. insufficient to repay the full amount of the debt. The difference in the amount of 170,000 rubles. (580,000 rubles - 410,000 rubles) will be taken into account in non-operating expenses as of the date of debt cancellation. On September 30, we again conduct an inventory of receivables. The company has no new debts.

The delay on debts is more than 90 calendar days, and the reserve is formed based on the total amount of doubtful debts (excluding loan debt) of 293,000 rubles, which does not exceed the limit value of 670,000 rubles. (6,700,000 rubles x 10%). This means that we are creating a new reserve in the amount of 293,000 rubles.

There is no unused balance of the reserve as of September 30, 2015, that is, in fact, it zero. Therefore, the entire amount of the new reserve is taken into account in non-operating expenses.

On income tax return reflect:

• deductions to the reserve (in our example, on a cumulative total of 410,000 rubles + 293,000 rubles = 703,000 rubles) in the total amount of non-operating expenses - on line 200 of Appendix No. 2 to sheet 02 of the declaration;
• amounts of bad debts not covered by the reserve (170,000 rubles for our example) - in line 300 (in the total amount of losses equated to non-operating expenses) and line 302 (in a separate amount) of Appendix No. 2 to sheet 02 of the declaration;
• the amount of deductions to the reserve and the part of the bad debt written off directly as expenses (the sum of lines 200 and 300 of Appendix No. 2 to sheet 02 of the declaration) - on line 040 of sheet 02 of the declaration.

If you have a bad debt that did not participate in the formation of a “doubtful” reserve, then the question arises: should you write off such debt from the reserve or can it be taken into account directly in non-operating expenses?

The Ministry of Finance believes that any bad debts are written off at the expense of the reserve Letter of the Ministry of Finance of July 17, 2012 No. 03-03-06/2/78. But YOU have a different position on this issue Resolution of the Presidium of the Supreme Arbitration Court dated 17.06.2014 No. 4580/14. The supreme judges pointed out that the norms of the Tax Code on writing off bad debts at the expense of the reserve are applied only when such debt arose as a result of the sale of goods (performance of work, provision of services). Those debts that were formed not in connection with the sale of goods (works, services) and did not participate in the creation of a reserve by virtue of a direct indication of the law are immediately taken into account as part of non-operating expenses in sub. 2 p. 2 art. 265 Tax Code of the Russian Federation.

Example. Use of the allowance for doubtful debts in the fourth quarter

/ condition / Let's continue our example. Revenue (without VAT) for 2015 - 9,500,000 rubles. The unused balance of the reserve as of October 1, 2015 is 293,000 rubles. The debt of Debtor 3 in the amount of 250,000 rubles. recognized as hopeless in November 2015 due to its liquidation.

/ solution / Debtor 3's debt to repay the loan did not participate in the formation of a "doubtful" reserve. Its amount is included in non-operating expenses.

The results of the inventory of receivables as of December 31, 2015 were as follows:

You have a new debtor, but the existence of this debt is insufficient to include the amount of debt in the created reserve. Therefore, a new reserve is formed only from the debt of Debtor 1 - 293,000 rubles, which is less than the limit of 950,000 rubles. (9,500,000 rubles x 10%). Since the amount of the unused balance of the provision carried over from the previous quarter is equal to the amount of the new provision, no charge is made to the provision on December 31, 2015.

On income tax return losses from writing off bad debts (we have a cumulative total of 170,000 rubles + 250,000 rubles = 420,000 rubles) are reflected in line 302 of Appendix No. 2 to sheet 02, as well as in the total amount in line 300 of Appendix No. 2 to sheet 02. And then the sum of lines 200 and 300 of Appendix No. 2 to sheet 02 is indicated in line 040 of sheet 02.

Pay attention to the formation of the reserve in the first quarter of next year. The fact is that its size will depend on the revenue for January - March, and the transferred balance of last year's reserve was calculated taking into account the revenue for the entire previous year. And it may happen that when adjusting the new reserve created on 03/31/2016 for the unused balance, you will have a difference that will have to be included in non-operating income.

Example. Adjustment of the provision in the first quarter of the next year

/ condition / Let's go back to our example. The organization continues to create a reserve in 2016. Revenue (excluding VAT) for the 1st quarter of 2016 is 1,200,000 rubles. The unused balance of the reserve as of January 1, 2016 is 293,000 rubles.

The delay on debts is more than 90 calendar days, and in the calculation of the reserve we take 100% of doubtful debts - 411,000 rubles. (293,000 rubles + 118,000 rubles).

The limit value of the reserve is calculated based on the revenue of the first quarter. It is equal to 120,000 rubles. (1,200,000 rubles x 10%) and less than the estimated amount of debts (411,000 rubles). We create a new reserve for it.

Next, we adjust the newly created reserve for last year's balance (293,000 rubles). We have a difference in the amount of 173,000 rubles. (293,000 rubles - 120,000 rubles), which must be taken into account on March 31, 2016 in non-operating income.

On income tax return we will reflect this amount in line 100 of Appendix No. 1 to sheet 02 of the declaration along with the rest of non-operating income, and then we will transfer it to line 020 of sheet 02 of the declaration.

If at the end of the year you had an unused reserve for doubtful debts, but in the new year you decided not to create such a reserve, then you need to:

• make appropriate changes to the tax accounting policy;
• the entire unused amount of the reserve on December 31 current year include in non-operating income;
• reflect the amount of the restored reserve on line 100 of Appendix No. 1 to sheet 02 of the declaration and on line 020 of sheet 02 of the declaration as part of the total amount of non-operating income in clause 5.2 of the procedure for filling out the declaration, approved. Order of the Federal Tax Service of November 26, 2014 No. ММВ-7-3/ [email protected] .

For doubtful receivables, the firm is required to create a provision for doubtful debts. This is stated in paragraph 70 of the Regulation on accounting and financial reporting. Moreover, if prior to January 1, 2011, the creation of such a reserve could be regarded as the company's right, now it is its responsibility. Whether such a reserve is provided for by the company's accounting policy or not is not important.

Until 2012, it was formed only in relation to buyers' debts for goods sold, work performed or services rendered. Therefore, it was not created for debts related to the transfer of advances to suppliers. This requirement has now been removed.

The provision is intended to write off doubtful receivables if they become uncollectible. Its amount is reflected on account 63 "Reserve for doubtful debts" and included in other expenses of the company. If such a reserve has been created, then the amount of receivables recorded on account 62 "Settlements with buyers and customers" is reflected in the balance sheet on line 1230 minus the amount of the reserve.

Doubtful debt is considered to be the receivables of buyers, which are not repaid within the terms established by the contract, and are not secured by any guarantees (for example, a pledge, a deposit, a surety). Moreover, if the company is confident that the debt will be repaid within 12 months after the reporting date, then such a debt can not be considered as doubtful (*).

(*) letter of the Ministry of Finance of Russia dated January 29, 2008 N 07-05-06/18.

Creation of a reserve

The accounting law has only general rules creating a reserve. It does not contain a specific procedure for calculating its amount. So, according to the accounting rules, the size of the reserve is determined on the basis of inventory data for each doubtful debt. In this case, it is necessary to take into account the solvency of the debtor and the likelihood of repayment of debt by him. Thus, the company must independently determine the specific methodology for calculating the reserve in the accounting policy. Given the above, in order to bring accounting and tax accounting as close as possible, a company may create a reserve in the manner prescribed by Article 266 tax code(this will meet the requirement of accounting rationality). Namely:

For the entire amount of the debt, if the delay in its repayment exceeds 90 calendar days;

By 50 percent of the amount of the debt, if the delay in its repayment is from 45 to 90 calendar days inclusive. A similar opinion is shared by independent experts.

Expert opinion

In accounting, there are no restrictions on the term and amount of receivables for which a reserve for doubtful debts is created: a reserve is created for the full or uncollectible amount separately for each doubtful debt. In the balance sheet (form N 1), the amount of the reserve for doubtful debts is not shown separately. It reduces the receivables, in respect of which the reserve was created (clause 35 PBU 4/99 "Accounting statements of the organization"). In order to bring tax accounting and accounting closer together, we consider it acceptable to determine the amount of the reserve in accounting using the rules for its formation in tax accounting.

O. Volkova, expert of the Legal Consulting Service GARANT

V. Gornostaev, reviewer of the legal consulting service GARANT, auditor

The delay in repayment of the debt is counted not from the moment of shipment of goods to the buyer (that is, its occurrence), but from the date of the buyer's obligation to pay for the goods established in the contract. The same rules apply to advances paid to suppliers.

Example

On April 10, the company shipped the goods to the buyer. According to the contract, he must pay the valuables in 15 days. from the moment they are received. The delay in payment for goods begins to be counted not from April 10 (the date of occurrence of receivables), but from April 25 (the date of the obligation to pay for goods).

Attention! According to the rules tax accounting the amount of the allowance for doubtful debts should not exceed 10 percent of the proceeds from sales received in the reporting or tax period. This is stated in paragraph 4 of Article 266 of the Tax Code. When calculating the maximum amount of the reserve, revenue is determined according to tax accounting data without VAT.

Example

In the company's accounting records, there are four overdue debts of buyers:

1st - in the amount of 2,450,000 rubles. (including VAT). The delay in its payment is 112 days;

2nd - in the amount of 3,800,000 rubles. (including VAT). The delay in its payment is 80 days;

3rd - in the amount of 1,230,000 rubles. (including VAT). The delay in its payment is 55 days;

4th - in the amount of 450,000 rubles. (including VAT). The delay in payment is 12 days.

According to the accounting policy, the company forms a reserve for doubtful debts in the manner prescribed by tax legislation. In this situation, the amount of the reserve will be:

For the 1st debt - 2,450,000 rubles;

For the 2nd debt - 1,900,000 rubles. (3,800,000 rubles x 50%);

For the 3rd debt - 615,000 rubles. (1,230,000 rubles x 50%).

No reserve is created for the 4th debt. Thus, the total amount of the reserve will be equal to:

2,450,000 + 1,900,000 + 615,000 = 4,965,000 rubles

When creating a reserve, an entry will be made in the accounting:

Debit 91-2 Credit 63

RUB 4,965,000 - created a reserve for doubtful debts.

These debts will be reflected in the balance sheet of the company in line 1230 in the amount of:

2,450,000 + 3,800,000 + 1,230,000 + 450,000 - 4,965,000 = 2,965,000 rubles.

Reserve write-off

A debt that has not been and will not be repaid (for example, due to the expiration of the limitation period or liquidation of the debtor) is written off against the reserve previously created for this debt. The amount of the reserve should be included in other income if the debtor has paid off the company. Of course we are talking about those debts for which the reserve was created.

If by the end of the year following the year of the creation of the reserve, it is not used in any part, then the unused amounts are also written off. They are recorded as other income of the company. At the same time, having written off the reserve, the company must create it again at the end of the year (*).

() letter of the Ministry of Finance of Russia dated July 12, 2004 N 03-03-05 / 3/55.

Example

Let's return to the conditions of the previous example. Suppose that at the end of the reporting year, the company, for which the first debt arose, was liquidated. Her debt in the amount of 2,450,000 rubles. was written off at the expense of the previously created reserve. The second company paid in full for the delivered goods.

Operations to repay debts and write off the reserve are reflected in the entries:

Debit 63 Credit 62

RUB 2,450,000 - written off the debt of the liquidated organization;

Debit 51 Credit 62

RUB 3,800,000 - the debt of the second organization is repaid;

Debit 63 Credit 91-1

RUB 1,900,000 - the reserve for the repaid debt of the second organization was written off.

As a result, the seller company had the amount of unused reserve, which is included in other income, in the amount of:

4,965,000 - 2,450,000 - 1,900,000 = 615,000 rubles.

This operation is reflected in the entry:

Debit 63 credit 91-1

RUB 615,000 - the amount of the unused reserve for doubtful debts was written off.

In the same year, based on the results of the inventory, it was decided to create a reserve for the 3rd and 4th debts in the amount of 1,680,000 rubles. (1,230,000 + 450,000).

This operation is reflected in the entry:

Debit 91-2 Credit 63

RUB 1,680,000 - created a reserve for doubtful debts.

In such a situation, the debt of the 3rd and 4th organizations will not be reflected in the balance sheet.

Based on the materials of the reference book "Annual Report" under the general. edited by V.Vereshchaka

"Financial and accounting consultations", 2007, N 2

When forming an accounting policy, the desire of accountants to bring the requirements of "accounting" and "tax" accounting policies as close as possible, minimizing the difference between accounting and tax accounting, is quite understandable. However, if you strictly follow the requirements of the law, this is not as easy as it might seem at first glance. Let's consider the basic principles of creating and using one of the types of reserves - a reserve for doubtful debts.

Basic principles for creating a reserve and the composition of receivables subject to reservation

The procedure for creating a reserve for doubtful debts for accounting purposes is regulated by the Regulation on accounting and financial reporting in Russian Federation(approved by the Order of the Ministry of Finance of Russia dated July 20, 1998 N 34n; hereinafter referred to as the Accounting Regulations), as well as the Instructions for the use of the Chart of Accounts<1>(explanations to account 63 "Reserves for doubtful debts"). We note right away that clause 70 of the Accounting Regulations tells us about the possibility of forming such a reserve in accounting.

<1>Chart of accounts financial accounting economic activity organizations and Instructions for its application were approved by the Order of the Ministry of Finance of Russia dated October 31, 2000 N 94n.

Meanwhile, there is an opinion that, based on the requirements of paragraph 7 of PBU 1/98<2>the creation of a reserve for accounting purposes is an obligation, not a right of enterprises. The fact is that the specified paragraph 7 of PBU 1/98 implies, when forming an accounting policy, a greater willingness to recognize expenses and liabilities in accounting than possible income and assets.

<2>Regulation on accounting"Accounting policy of the organization" RAS 1/98 approved by Order of the Ministry of Finance of Russia dated December 9, 1998 N 60n.

In tax accounting, only the right to create such a reserve is provided (clause 3 of article 266 of the Tax Code of the Russian Federation). This means that the solution to this issue is an element of the accounting policy of the organization.

It should be borne in mind that paragraph 7 of PBU 1/98 also provides for another important principle of accounting and accounting policies: accounting policies should ensure rational accounting based on the conditions of economic activity and the size of organizations (rationality requirement). Accordingly, when deciding on the creation of a reserve for doubtful debts, in our opinion, it is still necessary to proceed from the materiality of the amounts and from the economic feasibility of creating such a reserve for the organization.

With significant amounts of receivables related to doubtful, it makes sense for an enterprise to create such a reserve in accounting and tax accounting. If the amount of debt is not so significant and tax savings is insignificant, then the creation of a reserve in tax accounting will no longer be so necessary. And even taking into account the requirements of paragraph 7 of PBU 1/98, in our opinion, this reserve can not be created.

Another very important question concerning general order creating a reserve: what specific debt should be included in the calculation of this reserve?

In accordance with clause 70 of the Regulations on Accounting, a reserve for accounting purposes can be created based on settlements with other organizations and citizens for products, goods, works and services. In the Letter of the Ministry of Finance of Russia dated October 15, 2003 N 16-00-14 / 316, it is indicated that the buyer organization, which transferred an advance payment for the goods in accordance with the contract, the obligations of the supplier for the shipment of products cannot be considered as a debt, according to which creates a reserve for doubtful debts. Thus, in accounting, as well as in tax accounting, a reserve for suppliers' debts should not be created.

A very common mistake in the practice of forming a reserve for doubtful debts by enterprises is that it is created only for the amount of receivables reflected in accounting records in the debit of account 62 "Settlements with buyers and customers". However, accounts receivable for goods, works and services may also include amounts reflected in other accounts.

In this regard, the question arises of the need to refine the accounting policy of enterprises that have decided to create this reserve: employees' debts for goods, works and services sold should be reflected in the sub-account of account 73 "Settlements with personnel for other operations" separately from personnel debts for other operations. If there are facts of sale to employees on account of wages objects of fixed assets, such a sale should also be taken into account separately, since a reserve for such debt will be formed only in tax accounting, but not in accounting.

If there is a debt on account 73 for goods, works or services sold to their employees on credit, enterprises creating such a reserve must clearly monitor the timely deduction of the indicated amounts from employees and the reflection of this operation in the accounting entry: D 70 "Settlements with personnel for remuneration "To 73, since in the practice of enterprises, unjustified balances often occur on settlement accounts.

At the same time, based on the requirement of rationality, according to the author, it is permissible to provide in the accounting policy for accounting any insignificant amount of receivables, for which the enterprise will not create a reserve. Such an amount may exist both in relation to the debt of each individual employee, and in relation to receivables in the whole organization.

At first glance, this assumption is unacceptable for tax accounting purposes. After all, Art. 266 of the Tax Code of the Russian Federation does not provide for the exclusion of insignificant amounts from the composition of the reserved debt. However, here it is necessary to pay attention to the following. According to clause 1 of this article, any debt to the taxpayer that has arisen in connection with the sale of goods, the performance of work, the provision of services is recognized as a doubtful debt, if this debt is not repaid within the terms established by the agreement and is not secured by a pledge, surety, bank guarantee. However, on the basis of paragraph 4 of Art. 266 of the Tax Code of the Russian Federation, the amount of the reserve for doubtful debts is determined based on the results of an inventory of receivables carried out on the last day of the reporting (tax) period. As for the very procedure for conducting an inventory of the assets and liabilities of the organization, in accordance with paragraph 5 of PBU 1/98, it must be approved by the accounting policy of the organization. In relation to the accounting policy, as noted earlier, paragraph 7 of PBU 1/98 establishes the requirement of rationality. Enterprises with a significant number of transactions and a significant complexity of the accounting process, in the opinion of the author, can provide in the accounting policy that insignificant amounts of receivables are not inventoried. In the absence of inventory results, it would also be legitimate not to create a reserve for doubtful debts for such debts.

The creation of provisions for doubtful debts also suggests that enterprises should be more attentive to the actual inventory of settlements with suppliers and contractors on account 60 "Settlements with suppliers and contractors." In this case, it is necessary to timely identify cases of the formation of a debit balance on this account for settlements for products, goods, works or services (the occurrence of such a situation is possible in settlements through offsets). In the debit of account 60, only the amount of the advance paid in cash.

Allowance for doubtful debts and promissory note

In practice, questions often arise whether or not to create such a reserve for certain types accounts receivable. First of all, this concerns various kinds of bill transactions. Based on the provisions of Art. 815 of the Civil Code of the Russian Federation, the bill certifies the unconditional promissory note of the drawer. Accordingly, the drawer's debt to pay the bill should be classified as the borrower's loan debt. Such debt is not related to the sale of goods, works or services and therefore is not included in the reserve.

However, in the practice of enterprises creating reserves for doubtful debts, more complex cases of bill of exchange relations are possible. For example when there is a debt on the drawer's own bills. If this promissory note is received from the counterparty to fulfill an obligation not related to the sale of products, goods, works and services (for example, to secure a loan obligation), then this debt will definitely not be included in the reserved debt.

If the buyer's own promissory note was received in exchange for goods, works or services being sold, then questions arise: should this debt be recognized as a debt for products, goods, works or services and should a reserve for doubtful debts be created for it? In this regard, the following should be noted.

On the basis of clause 75 of the Regulations on a bill of exchange and a promissory note<3>A promissory note is a simple and unconditional promise to pay a specified amount. In other words, the obligation to pay under a bill of exchange is not conditioned by the obligation to pay under a contract of sale, contract, paid services, etc. In terms of its content, the issuance of a bill by the buyer to secure payment for goods, work or services corresponds to the operation of novation in accordance with Art. 414 of the Civil Code of the Russian Federation. This means that there is a replacement of the original obligation with another one, providing for a different method of execution.

Based on this, the promissory note debt, even if it is issued by the buyer of goods, works or services, in our opinion, will not be considered a debt for products, goods, works or services. Thus, for accounting purposes, a provision for this debt should not be created.

As for tax accounting, in our opinion, it is also not necessary to form a reserve. At the same time, we believe that enterprises can try to defend in judicial order their right to create a reserve in tax accounting, since the interpretation of paragraph 1 of Art. 266 of the Tax Code of the Russian Federation, in our opinion, may be ambiguous.

Allowance for doubtful debts and assignment of the right to claim

A reserve should not be created in relation to the debt of the new creditor to the original one under the transaction of assignment of the right to claim. In this case, the obligation of the new creditor (who is the debtor of the enterprise) is formed on the basis of settlements not for products, goods, works or services, but for the right to claim receivables. In accordance with paragraphs 2, 3 of Art. 38 of the Tax Code of the Russian Federation, property rights do not apply to goods, works or services. Neither paragraph 1 of Art. 266 of the Tax Code of the Russian Federation, nor clause 70 of the Accounting Regulations provides for the creation of reserves for debt arising from the transfer property rights. The expressed opinion is also confirmed by the Letter of the Ministry of Finance of Russia dated October 7, 2005 N 03-03-04/1/257.

To optimize the accounting process and ensure control over the correct reflection of transactions in accounting and tax accounting, it is also advisable to take into account such debt on sub-accounts of account 62 or 76 (provided for accounting for debt not included in the reserve).

And from the new creditor, the receivables acquired on the basis of the assignment of the right to claim are not debts for goods, works or services. This means that it will not be included in the reserved one either. This position is confirmed by the Letter of the Ministry of Finance of Russia of February 6, 2006 N 03-03-04 / 1/87 and the Decree of the Federal Antimonopoly Service of the Central District of October 3, 2005 in case N A48-550 / 05-8.

Allowance for doubtful debts and penalties

As the Ministry of Finance of Russia explained in Letter No. 03-03-04/2/129 dated May 5, 2006, the amount of penalties under contracts is not included in the reserve debt for tax purposes, since fines do not arise during the production and sale of products, but only in case of violations of the conditions established by the contract for the sale of goods (works, services) - terms, quality of goods (works, services) sold, etc. Although the Letter concerns the formation of a reserve for tax accounting purposes, for similar reasons, this reserve should not be created, according to the author, for accounting purposes.

The procedure for the formation and adjustment of the amount of the reserve

Clause 70 of the Accounting Regulations states that the amount of the reserve is determined separately for each doubtful debt, depending on financial condition(solvency) of the debtor and assessment of the probability of repayment of the debt in full or in part. The specific procedure for such an assessment is not defined by regulatory documents on accounting. It is probably assumed that this procedure should be developed by enterprises independently and enshrined in accounting policies. This means that it is possible to bring this procedure as close as possible to the requirements of tax accounting.

In accordance with paragraph 4 of Art. 266 of the Tax Code of the Russian Federation for doubtful debts with a period of occurrence of more than 90 days, the full amount of the debt is included in the reserve; from 45 to 90 days - 50% of the debt. It should be noted that the specified norm of the Code does not provide the right to choose the procedure for creating a reserve - such a right is provided only for accounting purposes.

Enterprises sometimes fix in the accounting policy the creation of reserve amounts only in relation to debts with a maturity of more than 90 days. In the author's opinion, such an approach is acceptable only within a calendar year - following the results of reporting periods (since the tax period for income tax is a year). As of the end of the reporting year (December 31), enterprises should still form a reserve for debts with a maturity of more than 45 days.

It must also be borne in mind that the period of 90 or 45 days, defined by paragraph 4 of Art. 266 of the Tax Code of the Russian Federation, it is necessary to count not from the date the debt arose, but from the moment when this debt became doubtful, i.e. the contract has expired. Such a conclusion can be drawn from paragraph 1 of Art. 266 of the Tax Code of the Russian Federation, and from paragraph 70 of the Accounting Regulations. However, as you know, there are situations when the contracts do not specify the time period for fulfilling obligations. How to be in this case? The tax authorities believe that such debt cannot be included in the reserve at all.<4>.

<4>Exactly such clarifications are given by specialists of the tax authorities in response to private inquiries.

Nevertheless, arbitration practice develops in favor of the taxpayer. As an example, let us cite the Decree of the Federal Antimonopoly Service of the Volga-Vyatka District of November 10, 2004 in case N A82-2756 / 2004-14. According to the results of the audit, the tax inspectorate did not accept expenses that amounted to the amount of receivables for products shipped either in the absence of an agreement or against an agreement providing for advance payment. The court decided that the taxpayer reasonably included in the reserved debt for goods that were not paid for within the time limits established by Art. 486 of the Civil Code of the Russian Federation, including in the absence of an agreement in writing.

Thus, since the Tax Code of the Russian Federation does not specify the procedure for creating a reserve in the event that the contract does not establish a specific deadline for fulfilling obligations, the taxpayer has the right to determine given term in accordance with civil law.

Let's bring conditional example. On September 25, 2006, the buyer received the products. A specific payment term is not specified in the contract. In accordance with Art. 486 of the Civil Code of the Russian Federation, when concluding a supply contract, the buyer is obliged to pay for the goods immediately before or after the seller transfers it, unless otherwise specified in the contract. Accordingly, the debt period should be counted from September 25.

If, for example, the products were shipped to the buyer on September 16, 2006, and payment in accordance with the terms of the contract must be received within a month, i.e. until October 16, then the period of 45 or 90 days must be counted only from October 16, 2006.

It is expedient for taxpayers in the Certificate to the act of inventory of calculations<5>provide for the following additional columns in the accounting policy:

• maturity of the obligation;
• expiration date of 45 days from the date of the obligation;
• the expiry date is 90 days from the date the obligation arose.

<5>The unified form N INV-17 was approved by the Decree of the State Statistics Committee of Russia dated August 18, 1998 N 88.

This approach is acceptable on the basis of clause 13 of the Accounting Regulations, according to which, depending on the nature of the transaction, the requirements of regulatory enactments, guidelines on accounting and accounting information processing technology, additional details may be included in primary documents.

Periodicity of creating a reserve

The regulatory requirements for accounting and tax accounting also differ somewhat on the issue of the frequency of creating and adjusting the amount of the reserve (according to the results of the month, quarter or year). So, in tax accounting in accordance with paragraph 4 of Art. 266 of the Tax Code of the Russian Federation, the amount of the reserve for doubtful debts is determined based on the results of an inventory of receivables carried out on the last day of the reporting (tax) period. It turns out that on a monthly basis this reserve can be created in tax accounting only if monthly advance payments are calculated based on the actual profit received. When the reporting period for an organization is a quarter, the reserve should be created based on the results of the first quarter, six months or nine months.

In accounting, paragraph 70 of the Accounting Regulations provides only that the reserve is created on the basis of the results of the inventory of the organization's receivables. This means that the reserve can be created both annually and quarterly or monthly: in accordance with the requirements of the accounting policy for accounting. Necessary condition are the confirmation of the amount of the reserve by the results of the inventory of receivables and an individual assessment of its solvency for each debtor. According to the author, it is advisable to provide for the frequency of formation of the reserve in accounting, similar to tax accounting.

It should be borne in mind that the creation of provisions for doubtful debts involves a review by enterprises of the requirements of the accounting policy in relation to the inventory schedule. After all, both paragraph 70 of the Accounting Regulations, and paragraph 5 of Art. 266 of the Tax Code of the Russian Federation provide for the formation of reserve amounts based on the results of an inventory of receivables.

The moment of reflection in the accounting of the amounts of the reserve must coincide with the dates of the inventory of the corresponding receivables, according to the schedule. This means that an inventory of the receivables of buyers (to be included in the reserve) must also be carried out quarterly or monthly (with a monthly calculation of income tax).

The Ministry of Finance of Russia in the Letter dated July 26, 2006 N 03-03-04 / 1/612 explained that in order to include individual amounts of receivables in the reserve, it is not necessary to confirm it with reconciliation acts with debtors. In particular, as noted in the Letter, the provisions of Art. Art. 265 and 266 of the Tax Code of the Russian Federation, there is no restriction on accounting as reserves for doubtful debts only amounts of receivables confirmed by debtors. When calculating the amount of doubtful debts for taxation, all amounts of receivables for shipped goods, works, services recognized as confirmed by the results of the inventory should be taken into account.

The Letter also notes that no reserve is formed for the amounts of receivables for which the limitation period has expired, since for tax purposes such amounts on the basis of paragraph 3 of Art. 266 of the Tax Code of the Russian Federation are recognized as bad debts.

According to paragraph 4 of Art. 266 of the Tax Code of the Russian Federation, the amount of the reserve created in tax accounting cannot exceed 10% of the revenue determined in accordance with Art. 249 of the Code. There is no such restriction in accounting. Can an organization, in order to minimize the differences between accounting and tax accounting, fix a similar rule for accounting purposes? In our opinion, based on the requirements of clause 70 of the Accounting Regulations, it cannot. As already noted, this paragraph provides for the formation of a reserve for each doubtful debt. The determining criteria for including debt in the reserve are the financial condition (solvency) of the debtor and the assessment of the probability of repayment of the debt in full or in part. The possibility of comparing the amount of doubtful receivables with the economic indicators of the enterprise (in this case, revenue) for accounting purposes is not provided.

It should also be noted that the limitation on the amount of the reserve determined for the purposes of tax accounting is applied at the end of each reporting (tax) period. This position is given in the Letter of the Ministry of Finance of Russia dated April 4, 2006 N 03-03-04/1/319.

Reserve adjustment frequency

The amounts of the previously accrued reserve are adjusted when the buyer repays the amount of the debt or when the parties change the term of its repayment. As stated in the Letter of the Ministry of Finance of Russia dated November 29, 2004 N 03-03-01-04 / 1-159, the amount of the previously created reserve is to be included in non-operating income in the reporting (tax) period in which the timing of settlements for agreement or debt paid off. This also follows directly from the norm of paragraph 5 of Art. 266 of the Tax Code of the Russian Federation, according to which the amount of the newly created reserve based on the results of the inventory should be adjusted for the amount of the balance of the reserve of the previous reporting (tax) period. If the newly created reserve is less than the balance of the reserve of the previous period, the difference is subject to inclusion in the non-operating income of the taxpayer in the current reporting (tax) period.

Please note: for the purposes of tax accounting in accordance with the requirements of the mentioned paragraph 5 of Art. 266 of the Tax Code of the Russian Federation, the amounts of the restored reserve should be included in non-operating income based on the results of the reporting, and not just the tax period. This conclusion is confirmed by arbitration practice (see, for example, the Decree of the Federal Antimonopoly Service of the North-Western District of February 11, 2005 in case N A26-6742 / 04-23).

Regulatory documents on accounting do not provide for the need to adjust the amounts of the accrued reserve. Accordingly, the question of what accounting entries should be (and whether they should be made) when debtors repay reserved debt or when repayment terms are renegotiated (due to which the debt ceases to be doubtful) remains open.

Based on clause 70 of the Accounting Regulations, the addition of reserve amounts to financial results is possible only at the end of the year following the reporting one. At the same time, the Instructions for the Application of the Chart of Accounts in the explanations to account 63 provide for the addition of unused amounts of reserves for doubtful debts to the profit of the reporting period following the period of their creation. Based on PBU 4/99<6>The reporting period is the period for which the organization must prepare financial statements. At the same time, the organization must generate interim financial statements not only quarterly, but even monthly. So, we can conclude that the Chart of Accounts allows adjustment due to the financial results of doubtful debts created in previous months.

<6>Regulation on accounting "Accounting statements of the organization" (PBU 4/99) approved by Order of the Ministry of Finance of Russia dated July 6, 1999 N 43n.

The need to adjust the amount of the reserve for doubtful debts also follows from the requirement of the Accounting Regulations to determine the amount of this reserve for each doubtful debt, depending on the financial condition of the debtor and the assessment of the probability of repayment of the debt.

Thus, according to this issue the requirements of accounting and tax accounting can also be brought closer together, and the accounting policy for the purposes of accounting and tax accounting can adopt the same adjustment procedure. The creation and restoration of the amount of the accrued reserve will be reflected in the accounting entries: D 91 "Other income and expenses" K 63 and D 63 K 91.

Consider the above procedure for the formation of a reserve in accounting and tax accounting.

Example 1. The total amount of doubtful debts as of June 30, 2006 (over 90 days) amounted to 1,400,000 rubles, including 1,000,000 rubles. - debt of buyer A; 350 000 rub. - Buyer B 50 000 rub. - Buyer B.

The proceeds reflected in the income tax declaration for the first half of 2006 amounted to 13,000,000 rubles, i.е. the maximum amount of the reserve cannot be more than 1,300,000 rubles.

These transactions should be reflected in accounting on June 30, 2006 and taken into account in taxation for the first half of 2006 as follows:

D 91 K 63 - 1,000,000 rubles. - reflected the formation of a reserve from the debt of buyer A;

D 91 K 63 - 300,000 rubles. - reflected the formation of a reserve from the debt of buyer B, the amount of which is accepted as a reduction in taxable profit;

D 91 / "Expenses that do not reduce taxable income"<7>K 63 - 100,000 rubles. - reflected the formation of a reserve (50,000 rubles from buyer B and 50,000 rubles from buyer C), the amount of which is not accepted as a reduction in taxable profit (exceeding the limit of 10% of revenue).

<7>Analytical accounting on account 91.

In tax accounting, the reserve will be created only in the amount of 1,300,000 rubles. (within the 10% limit). Thus, in the amount of 100,000 rubles. a permanent tax difference will be formed in the accounting and a permanent tax liability in the amount of 24,000 rubles will be reflected. (100,000 rubles x 24%): D 99 K 68.

However, enterprises may have the following questions. How, in connection with the formation of differences in accounting and tax accounting, to reflect the movement of reserve amounts in analytical accounting? To the debt of which particular counterparty should we include the amounts of the reserve formed in accounting, but not taken into account for profit taxation purposes? After all, in the future it may be necessary to restore these amounts, as well as use them to pay off receivables. This question of the enterprise should stipulate in the accounting policy. For example, it can be provided that in order to apply the limitation of the provision for non-deductible expenses, the smallest amounts of receivables are written off first, and if equal amounts- debt from early term occurrence.

Example 2. Let's use the data of example 1. For expenses that do not reduce taxable profit, the amounts of the reserve will be written off: for the debt of buyer C - in the amount of 50,000 rubles, of buyer B - in the amount of 50,000 rubles.

In September 2006, the debt of buyer A in the amount of 200,000 rubles was repaid, and buyer B - 100,000 rubles. and buyer B - completely.

When repaying buyers' debts, the following entries will be made in the accounting:

D 51 K 62 - 200,000 rubles. - reflected the receipt of funds from buyer A;

D 51 K 62 - 100,000 rubles. - reflects the receipt of funds from buyer B;

D 51 K 62 - 50,000 rubles. - reflected the receipt of funds from buyer B;

D 63 K 91 - 200,000 rubles. - the amount of the reserve for settlements with buyer A was restored (it is taken into account when taxing profits);

D 63 K 91 - 100,000 rubles. - the amount of the reserve for settlements with buyer B was restored (it is taken into account when taxing profits);

D 63 K 91 - 50,000 rubles. - the amount of the reserve for settlements with buyer B was restored (for the purpose of taxation of profit, the reserve for this buyer was not created, accordingly, the restoration for tax purposes will not be taken into account);

D 68 K 99 - 12,000 rubles. (50,000 rubles x 24%) - a permanent tax asset is formed from the amount of the reserve recovery, taken into account for accounting purposes, but not taken into account when taxing profits.

It should be noted that according to settlements with buyer B, the amount of the reserve accrued in accounting is 350,000 rubles, in tax accounting - 300,000 rubles. Accordingly, when paying off the debt of this buyer, a part of the amount of the restored reserve will also not be taken into account when taxing profits. In order to avoid disagreements with the tax authorities, first of all, it is necessary to restore the amounts of the accrued reserve that are taken into account when taxing profits. The procedure for accounting for taxation of the amounts of the recoverable reserve is also advisable to prescribe in the accounting policy.

Thus, when making a decision on the formation of a reserve for doubtful debts, it is not possible in all cases to reduce to zero the differences formed according to accounting and tax accounting data.

The presence of differences in the amounts of the accrued reserve in accounting and tax accounting suggests that the organization should keep analytical records of the amount of the reserve to control the correctness of the formation of the tax base. Obviously, the amounts of expenses for the formation of a reserve that are not taken into account when taxing profits should be taken into account on the sub-account of account 91. To control the movement of the amounts of the accrued reserve in tax accounting, it is necessary:

• or organize the accounting of the amounts of the reserve formed in accounting, but not formed in tax accounting, on the subaccount of account 63 (this subaccount also requires analytical accounting in the context of individual counterparties),
• or maintain a separate tax ledger for the allowance for doubtful debts.

The first, simpler, option for organizing analytical accounting can be chosen when the difference in the amounts of the accrued reserve in accounting and tax accounting is formed only in part of the 10 percent limit, i.e. the amount of the reserve accrued in accounting exceeds the amount accrued in tax accounting.

The second option of analytical accounting is used in the presence of circumstances that are prerequisites for the emergence of more complex differences in accounting and tax accounting, for example:

• significant, long-term outstanding amounts of debt included in the reserve in accounting, but not included in tax accounting (for example, debt on fixed assets);
• significant amounts of doubtful debts that have arisen regardless of the sale of products, goods, works or services: if such debt passes from doubtful to bad, in tax accounting it will be written off at the expense of the created reserve for doubtful debts, in accounting - directly to losses.

At the same time, in order to minimize the differences in accounting and tax accounting and simplify accounting procedures in accordance with paragraph 7 of PBU 1/98, enterprises, according to the author, can provide for a certain materiality criterion in the accounting policy for accounting purposes, if it is exceeded, the difference according to the data accounting and tax accounting is not formed. For example, it can be established that the company will not form a reserve in accounting (as well as in tax) accounting from the amount exceeding the limit (10% of revenue), if the difference in the amount of doubtful debts and 10% of sales revenue does not exceed 50,000 rubles.

Procedure for using reserve amounts

The use of the reserve when writing off debts after the expiration of the limitation period or if there are other grounds for writing off is reflected in the accounting entry: D 63 K 62.

When writing off accounts receivable at the expense of the reserve, one must also pay attention to the validity of these actions. If, for some reason, the amounts of debt written off cannot be recognized as expenses that reduce taxable income (although at the time of the formation of the provision given fact was not known), the amount of the previously created reserve, in order to avoid disagreements with the tax authorities, should be restored for the purposes of taxation of profits and included in tax non-operating income. For accounting purposes, non-operating income in this case will not be formed. Accordingly, a permanent difference will arise in accounting with the formation of a permanent tax liability, which is reflected in the entry: D 99 K 68.

At the same time, it should be noted that the Tax Code of the Russian Federation does not directly provide for the recovery of the previously accrued provision for accounts receivable, which is subsequently written off to losses without reducing taxable profit. Therefore, this approach can only be taken on the basis of general principle economic feasibility of costs, provided for in paragraph 1 of Art. 252 of the Tax Code of the Russian Federation. Accordingly, this issue can be challenged by the taxpaying enterprise in court.

It is also necessary to pay attention to the differences in relation to the procedure for using the amounts of the reserve for the purposes of accounting and tax accounting.

In accounting, in accordance with clause 70 of the Accounting Regulations, the amount of the reserve is determined separately for each doubtful debt. Debts are written off as losses if, in the period preceding the reporting period, the amounts of these debts were not reserved (clause 77 of the Accounting Regulations). This means that it is possible to write off the debt at the expense of the reserve in accounting only when the reserve was created specifically for the debt of a particular counterparty. If such a reserve was not formed, the corresponding debt is written off directly to losses.

In tax accounting, in accordance with paragraph 5 of Art. 266 of the Tax Code of the Russian Federation, if the taxpayer has decided to create a reserve for doubtful debts, then debts recognized as uncollectible are written off at the expense of the amount of the created reserve. Debt write-off at the expense of non-operating expenses is allowed only when the amount of the created reserve is not sufficient to cover the total amount of write-off of bad debts in the reporting period. Therefore, the repayment and use of the amounts of the reserve are reflected in the total amount for the tax period.

Moreover, the concept of "bad debt" (as opposed to "doubtful") is not associated by the Tax Code of the Russian Federation only with debts for goods, works or services. Bad debt (in this case, covered by a previously created reserve) is any debt to the taxpayer. This position is confirmed by the Letter of the Ministry of Finance of Russia dated April 12, 2004 N 04-02-05/1/26.

Accordingly, for the amounts of bad debts that arose not in connection with the sale of products, works or services, but written off in tax accounting at the expense of the reserve, there will also be differences in accounting and tax accounting, which should be taken into account as part of permanent ones with the formation of a permanent tax liability.

Example 3. The amount of the created reserve in accounting and tax accounting is 1,150,000 rubles, including for the debt of buyer A - 800,000 rubles, buyer B - 200,000 rubles, buyer C - 50,000 rubles, buyer D - 100,000 rubles . In the reporting period, the debt of buyer B in the full amount and supplier D for the advance payment in the amount of 150,000 rubles was recognized as uncollectible and subject to write-off.

Accounting records should include:

D 63 K 62 - 200,000 rubles. - the debt of buyer B was written off at the expense of the allowance for doubtful debts;

D 91 K 60 - 150,000 rubles. - the debt of supplier D in advance was written off for losses.

The amount of the balance of the reserve for doubtful debts in accounting will be 950,000 rubles. In tax accounting, the entire amount of the debt is 350,000 rubles. will be debited from the reserve. The balance of the reserve in tax accounting will be 800,000 rubles. The difference in the amount of debt written off against the provision should be recognized as permanent tax differences with the formation of a permanent tax liability. In accounting, you need to make a posting:

D 99 K 68 - 36,000 rubles. (150,000 RUB x 24%) - reflects a permanent tax liability.

Accounting procedure for unused reserve amounts

For the purposes of tax accounting in accordance with paragraph 5 of Art. 266 of the Tax Code of the Russian Federation, the amount of the reserve for doubtful debts, not fully used by the taxpayer in the reporting period to cover losses on bad debts, can be transferred to the next reporting (tax) period. At the same time, the amount of the newly created reserve based on the results of the inventory should be adjusted for the amount of the balance of the reserve of the previous reporting (tax) period.

As for accounting, clause 70 of the Accounting Regulations provides for the following: “If this reserve is not used in any part by the end of the reporting year following the year the reserve for doubtful debts was created, then the unspent amounts are added when compiling the balance sheet on end of the reporting year to financial results".

Example 4. The allowance for doubtful debts for the purposes of both accounting and tax accounting is created from year to year. Suppose the receivables of buyer A for sold products in the amount of 100,000 rubles. was formed in September 2005. Accordingly, in December, for the purposes of accounting and tax accounting, a reserve for doubtful debts was formed and an entry was made in the accounting: D 91 K 63.

In February 2006, the debt was partially repaid (in the amount of 30,000 rubles) and the following entries were made in accounting:

D 51 K 62 - 30,000 rubles. - accounts receivable paid off;

D 63 K 91 - 30,000 rubles. - the amount of the reserve created in the previous tax period was restored.

The unused amount of the reserve as of December 31, 2006 will be 70,000 rubles. If you follow clause 70 of the Accounting Regulations, this amount in December 2006 (the year following the year of creation) should be written off to financial results: D 63 K 91.

Based on paragraph 5 of Art. 266 of the Tax Code of the Russian Federation, non-operating income (expenses) includes only the difference between the amount of the reserve created based on the results of the inventory at the end of the current reporting (tax) period and the amount of the created reserve as of the end of the previous reporting (tax) period. Since the amount of the reserve (70,000 rubles) was formed in 2005, this difference does not arise and there is no increase in tax non-operating income. As a result, there is a discrepancy between accounting and tax accounting. Accordingly, it is necessary to make an entry in the accounting for the amount of 16,800 rubles. (70,000 rubles x 24%): D 68 K 09.

At the same time, the Letter of the Ministry of Finance of Russia dated July 12, 2004 N 03-03-05 / 3/55 explains the following. At the end of the year, after adding the unused amounts of the reserve for doubtful debts to the financial result and conducting an inventory of receivables, the organization again creates a reserve for doubtful debts. Consequently, the unused amount of the reserve does not lead to the formation of profit in the organization for the reporting year.

Thus, based on the literal content of clause 70 of the Accounting Regulations, as of December 31, 2006, the following entries will be made in the accounting:

D 91 K 63 - 70,000 rubles. - reflected the formation of a reserve for doubtful debts based on the results of a new inventory;

D 09 K 68 - 16,800 rubles. - the deferred tax asset is repaid.

Please note that in this case, unlike the situations given earlier, not a permanent, but a taxable temporary difference is formed with a deferred tax asset being recognized in accounting. Indeed, in this situation, there is confidence that the organization will repay the accrued difference (according to the results of a new inventory, the reserve will be created again) and the moment of such repayment can be accurately determined.

It should also be noted that if the amounts of doubtful receivables are significant and such debt is formed according to a large number counterparties, it is expedient for enterprises to consider the issue of convergence of the principles of accounting and tax accounting based on the requirement of rationality.

1. Accounting for unused reserves in accounting is carried out in accordance with the procedure adopted in tax accounting, i.e. the amount of the reserve not used at the end of the reporting year is carried over to the next year. The unused reserve is not included in the financial results at the end of the year following the year in which the reserve was created. This order it is advisable to apply to enterprises that have significant amounts of doubtful receivables for several counterparties.
2. The amount of the unused reserve as of the end of the year following the year in which the reserve was created is added to the accounting profit (in accordance with clause 70 of the Accounting Regulations). In tax accounting, this amount is carried over to the next year.
3. The amount of the unused reserve in both accounting and tax accounting is restored and added to profit if the reserve is not used by the end of the year following the reporting year. This procedure, in our opinion, will not contradict paragraph 5 of Art. 266 of the Tax Code of the Russian Federation, since the wording of this paragraph gives reason to believe that the transfer of the amount of the reserve to the next reporting (tax) period is a right, and not an obligation, of the taxpayer.

In the latter case, for the purposes of both tax and accounting, the reserve can be created again based on the results of a new inventory. However, it is necessary to draw the attention of enterprises to the recent change in the position of the Russian Ministry of Finance regarding the application of a 10% limit to the amounts of the reserve carried forward.

Earlier, in the Letter of the Ministry of Finance of Russia dated October 7, 2004 N 03-03-01-04 / 1/67, it was stated that the reserve limitation in the amount of 10% of the revenue of the reporting (tax) period applies only to the amount of the newly created reserve for doubtful debts for given reporting (tax) period. The adjustment of the amount of the reserve for the balance of the previous reporting (tax) period is carried out after the amount of the reserve for doubtful debts is calculated for the reporting (tax) period, taking into account the requirements of the 10% limit.

In Letter No. 03-03-04/2/245 of November 16, 2006, the Ministry of Finance of Russia gave the opposite explanation: the total amount of the transferred and newly created reserve should not exceed 10% of the revenue of the reporting (tax) period.

Example 5. Let's use the data of example 4 and assume that the amount of the provision carried over from 2005 to 2006 for the debt of buyer A was 70,000 rubles. At the same time, in 2006, 90 days have elapsed since the formation of the reserve for buyers B and C, whose debt amounted to 100,000 rubles, respectively. and 150,000 rubles, and 45 days - for the buyer G, whose debt is 80,000 rubles.

Thus, the amount of the newly created reserve in 2006 amounted to 290,000 rubles. (100,000 rubles + 150,000 rubles + 80,000 rubles: 2).

Let's say the revenue for 2006 amounted to 2,800,000 rubles. Accordingly, for tax purposes, only the amount of the reserve of 280,000 rubles can be taken into account. Thus, based on the previously valid clarifications of the Ministry of Finance of Russia, the following entries will be reflected in the accounting records:

• with a decrease in taxable profit - D 91 K 63 (in the amount of 280,000 rubles);
• without reduction of taxable profit - D 91 / "Expenses that do not reduce taxable profit" K 63 (in the amount of 10,000 rubles).

If we proceed from the Letter of the Ministry of Finance of Russia dated November 16, 2006 N 03-03-04/2/245, then we can reduce the taxable profit of the reporting period only by the amount minus the balance of the transferred reserve. Accordingly, the following entries will be reflected in the accounting:

• with a decrease in taxable profit - D 91 K 63 (in the amount of 210,000 rubles);
• without reducing taxable profit - D 91 / "Expenses that do not reduce taxable profit" K 63 (in the amount of 80,000 rubles).

It is possible that during inspections, the tax authorities will extend the effect of the new Letter of the Ministry of Finance of Russia for tax periods starting from 2006. At the same time, directly in paragraph 4 of Art. 266 of the Tax Code of the Russian Federation, there is no clear indication that the 10% limit applies to the amount of the balance of the reserve carried over from the previous tax period. In addition, the said Letter is a response to the bank's question regarding the transfer of the balance of the reserve from 2006 to 2007. Accordingly, arbitration practice on this issue is likely to develop in favor of taxpayers who are not banks, in any case, with regard to the limitation of the reserve until 2006 G.

If the reserve is no longer created

What if the company is next year decided not to create a reserve for doubtful debts? What to do in this case with the balance of the unused reserve? The point is that neither Art. 266 of the Tax Code of the Russian Federation, nor the current accounting regulations do not give a clear answer to these questions. The position of the Ministry of Finance of Russia on tax accounting in this situation is expressed in Letters No. 04-02-05/5/5 of April 22, 2004 and No. 03-03-05/3/55 of July 12, 2004. Financiers with reference to paragraph 7 of Art. 250 of the Tax Code of the Russian Federation clarified that if the taxpayer decided not to create a reserve for doubtful debts from the beginning of a new tax period, the entire amount of the reserve not used in the tax (reporting) period to cover losses on bad debts is fully subject to inclusion in the non-operating income of the taxpayer .

With regard to accounting, there are no clear explanations from the Ministry of Finance of Russia. In our opinion, the company can accept and determine in the accounting policy one of the following ways.

1. In accordance with clause 70 of the Accounting Regulations, add the amount of the reserve to profit in the year following the reporting one. In this case, differences in accounting and tax accounting indicators will be formed.
2. If the balance of the reserve for doubtful debts is insignificant, guided by the requirement of rationality, minimize the differences between accounting and tax accounting and add the balances of the reserve not used at the end of the year to non-operating income for both tax and accounting purposes.

The procedure for reflecting the amounts of the accrued reserve in accounting and tax reporting

The amounts of balances and the movement of the reserve are reflected in the financial statements in accordance with the following requirements of regulatory documents on accounting:

• clause 35 PBU 4/99 - the balance sheet should include numerical indicators in the net assessment, i.e. minus the regulatory values ​​that must be disclosed in the notes to the balance sheet (form N 1) and the income statement (form N 2)<8>. This requirement implies that the amount of the reserve should be reflected in the balance sheet not as a liability as part of accounts payable, but as an asset as amounts that reduce receivables (line 230 or 240 with a minus sign). This position is confirmed by the Letter of the Ministry of Finance of Russia dated December 23, 2005 N 07-05-06 / 353;
• clause 11 PBU 10/99<9>- deductions to estimated reserves (including allowances for doubtful debts) are included in other expenses. Recall that starting from the annual reporting for 2006, in accordance with the Orders of the Ministry of Finance of Russia dated September 18, 2006 N 115n and N 116n, other income and expenses are not classified into operating and non-operating;
• Clause 22 PBU 10/99 - information on expenses equal to the amount of deductions in connection with the formation of reserves in accordance with the accounting rules (forward expenses, estimated reserves, etc.) is subject to disclosure in the financial statements. The relevant information is reflected in Form No. 2. The breakdown of individual profits and losses reflects the loss from the formation of reserves for the current and previous periods;
• clause 27 PBU 4/99 - in the explanatory notes to the balance sheet and income statement, information should be disclosed on the composition of reserves for future expenses and payments, estimated reserves, their availability at the beginning and end of the reporting period, the movement of funds from each reserve during the reporting period . The relevant information is provided for the previous and reporting years and is reflected in the statement of changes in equity (Form No. 3).

<8>Forms of financial statements of organizations are approved by the Order of the Ministry of Finance of Russia dated July 22, 2003 N 67n.
<9>

It should be noted that neither clause 70 of the Accounting Regulations, nor PBU 9/99<10>, nor the Ministry of Finance of Russia has defined a specific procedure for reporting the recovery of unused amounts of the reserve in the reporting. At the same time, the list of other income in accordance with paragraph 8 of PBU 9/99 is open. This means that when such amounts are reflected as part of other income, there is no contradiction with the requirements of regulatory documents on accounting.

<10>Accounting regulations "Expenses of the organization" PBU 10/99 and "Income of the organization" PBU 9/99 were approved by Orders of the Ministry of Finance of Russia dated May 6, 1999 N 33n and N 32n.

Since the reflection of information on the amounts of the restored reserve is not provided directly in the forms of financial statements themselves, this information must be reflected in the explanatory note to the financial statements. After all, the mentioned paragraph 27 of PBU 4/99 provides for the need to reflect in the reporting information on any movement of funds from each reserve during the reporting period.

At the same time, it should be noted that in accordance with paragraph 11 of PBU 4/99, indicators on individual assets, liabilities, income, expenses and business transactions can be presented in the balance sheet or income statement in the total amount with disclosure in the explanatory notes to the accounting balance sheet and profit and loss account, if each of these indicators separately is not significant for the assessment of reporting by interested users.

Thus, if the amounts of the recovery of the reserve are not significant, the enterprise can adopt in the accounting policy the procedure for the "folded" reflection of the amounts of the reserve as part of operating expenses: the accrued amounts will be shown minus the restored ones. However, such a procedure for accounting for amounts in accounting will make it difficult to control the correctness of the formation of an income tax return.

In conclusion, we note that enterprises making a decision to create reserves for doubtful debts should carefully weigh the feasibility of such a decision, taking into account both the amount of receivables and the possibility of optimizing taxation of profits, as well as the complexity of the accounting process and the likelihood of differences in accounting and tax accounting indicators. Also, enterprises should pay attention to the completeness of the formation of accounting policies for the purposes of accounting and tax accounting.

I.A. Panteleeva

Audit agency "Ural Protection",

Senior Lecturer, USATU

Provisions for doubtful debts are mandatory in accounting for all organizations.

A debt to your organization is recognized as doubtful, which with a high probability will not be repaid in full or in part (clause 70 of the Accounting Regulations N 34n, Letters of the Ministry of Finance dated 05/27/2016 N 03-03-06/1/30504, dated 01/14/2015 N 07 -01-06/188, dated 01/27/2012 N 07-02-18/01). This may be either a violation by the debtor of the payment deadline, or you received information about the financial problems of your debtor.

Provisions for doubtful debts are created at the time the debt is recognized as doubtful.

The accounting policy on accounting should not prescribe that the organization creates or does not create a reserve for doubtful debts. But organizations need approve the procedure for determining the amount of the reserve in its accounting policy, since in normative documents according to accounting, the process of assessing the possibility of repaying a debt is not prescribed.

It should also be noted that accounts receivable may include:

• customer debt,
• customers,
• suppliers,
• contractors,
• other debtors,
• founders debt,
• wage workers,
• on accountable amounts.

That is, this is the debt that is present on accounts 62, 60, 68, 69, 71, 73, 75, 76. The debt of the borrower on the loan you issued, reflected on sub-account 58-03 “Granted loans” (Appendix to Letter of the Ministry of Finance dated January 22, 2016 N 07-04-09 / 2355).

In addition, accrued revenue not presented for payment under construction contracts is reflected, the duration of which is more than one reporting year or the start and end dates of which fall in different reporting years (in the amount calculated on the basis of the contractual value or the amount of actually incurred expenses, which for the reporting period are considered possible for reimbursement) (clauses 1, 2, 17, 23 of the Accounting Regulation "Accounting for construction contracts" (PBU 2/2008), approved by Order Ministry of Finance of Russia dated October 24, 2008 N 116n, Appendix to the Letter of the Ministry of Finance of Russia dated January 29, 2014 N 07-04-18 / 01).

Reserves for doubtful debts are created for any receivables recognized by the organization as doubtful (not only for debts of buyers and customers for products, goods, works and services). At the same time, if in respect of overdue receivables as of the reporting date there is confidence in repayment, then no provision for this debt is created (Letter of the Ministry of Finance of Russia dated 01.27.2012 N 07-02-18 / 01).

Entries for allowance for doubtful debts

The creation of a reserve in any case is drawn up accounting statement , which shows the calculation of the reserve.

And regardless of the chosen method of calculating deductions to the reserve, its creation (additional accrual) is reflected in the posting:

Debit 91-2 "Other expenses" Credit 63 "Reserves for doubtful debts" -As of the date of creation (increase) of the reserve.

Debit 63 "Reserves for doubtful debts" Credit 91-1 "Other income" -As of the date of recovery of the provision in terms of repaid debt.

Debit 63 "Reserves for doubtful debts" - Credit 62 (60, 76, 58-3) -As of the date the bad debt is written off against the allowance.

Creating a provision for doubtful debts

Creating a provision for doubtful debts in accounting allows you to show the real picture financial position affairs in the organization.

Thus, it is necessary to determine in the accounting policy for accounting the procedure for creating a reserve. (clause 7 PBU 1/2008).

You can fix in the following ways:

1. Interval method;

2. Expert way;

3. statistical way.

1. Interval method. The amount of deductions to the reserve is calculated quarterly (monthly) as a percentage of the amount of debt, depending on the duration of the delay, for example, as in tax accounting. This method allows you to bring accounting and tax accounting together and determine the amount of deductions to the reserve for each doubtful debt in proportion to the period of delay.

Since the rules for creating a reserve are taken as the basis here, as in tax accounting, it is more convenient to use the following algorithm:

In case of non-use of reserves during the year following the year of their reflection in accounting, they must be written off on December 31 to account 91, sub-account "Other income".

Provisions for doubtful debts in accounting are formed based on the results of the inventory of receivables at the end of the year (another reporting period).

For example .

According to the results of the inventory of buyers' debts as of December 31, 2016, Romashka LLC revealed the following:

Buyers	Due date	Amount of debt, rub.	Default period, days
IP Ivanov I.I.	15.01.2017	15 600	—	Unpaid
IP Petrov P.P.	30.11.2016	84 888	31	Doubtful
IP Sidorov S. N.	13.11.2016	56 400	53	Doubtful
Romashka LLC	05.11.2016	148 354	56	Overdue
LLC "Lutik"	01.08.2016	246 742	152	Doubtful

So, as we can see, for the debt of IP Ivanov I.I., the reserve is not accrued, since the payment deadline has not yet come. On debt IP Petrov P.P. although the debt is doubtful, the delay is less than 45 days, so the reserve is also not accrued. For IP Sidorov S.N., Romashka LLC and Lyutik LLC, a reserve is created, since these debts fall into the doubtful category.

As a result, reserves have been created:

The reserve is accrued in the total amount as of December 31, 2016:

Debit 91-2 - Credit 63 -RUB 349,119.00

2. Expert way. A provision is created for each doubtful debt in an amount that, in the opinion of the organization, with a high probability will not be repaid.

For example . Romashka LLC on November 13, 2016 shipped goods to Lyutik LLC in the amount of 118,000 rubles, including VAT. According to the contract, payment for the goods must be made within 10 days from the date of shipment.

The accounting policy for accounting purposes of Romashka LLC provides that a “doubtful” reserve is formed monthly based on the assessment of each debt.

Since payment from Lyutik LLC was not received by the end of November 2016, Romashka LLC recognized this debt in full as doubtful and decided to create a reserve. The calculation was reflected in the accounting statement.

On December 13, 2016, Lyutik LLC repaid the debt in an incomplete amount for the goods delivered to it, transferring 80,000 rubles to Romashka LLC.

The following entries will be made in the accounting of Romashka LLC:

Debit 91-2 Credit 63- 118,000 rubles.- created a reserve for doubtful debts.

Debit 63 Credit 91-1-80000 rub.- allowance for doubtful debts is reduced by the amount of repayment of accounts receivable.

Note! If it was written in the accounting policy of Romashka LLC that the creation of a reserve is reflected quarterly, then at the end of the quarter there would be no overdue debt and it would not be necessary to make these accounting entries.

3. Statistical method. The most time-consuming option is to determine the amount of deductions to the reserve according to the statistics of the organization's data for several tax periods as the proportion of debts that remain outstanding to the total amount of receivables. The amount of the reserve must be calculated quarterly (monthly).

For example, the share of goods, works, services not paid by buyers in the total debt of buyers.

On the last day of each quarter (month), the amount of the reserve is determined by the formula:

If, using the statistical method, the amount of the reserve obtained is greater than the amount of the reserve created on the last day of the previous quarter (month), then the difference between them must be included in other expenses (additional charge of the reserve). If less, include the difference between them in other income (restore the reserve).

For example .

Romashka LLC conducted an inventory and determined that over the past 3 years, 2% of the shipped goods were not paid by buyers. In this connection, the organization creates a reserve for doubtful debts. The accounting policy, accordingly, stipulates the creation of a reserve in a statistical way.

As of 01.01, the balance of outstanding receivables is 0 rubles.

On March 31, the outstanding debt for shipped goods is 10 million rubles, therefore, the balance of the reserve is 200,000.00 rubles (10 million * 2%)

On 31.03 Balance Credit 63 - 200 thousand rubles the balance of the reserve;

On 30.06 Debit 91-2 - Credit 63 - 300 thousand rubles added reserve;

On 30.09 Debit 63 - Credit 91-1 - 100 thousand rubles restored the reserve;

On 31.12 Debit 63 - Credit 62 - 400 thousand rubles bad debt written off at the expense of the provision;

On 31.12 Debit 91-2 - Credit 62 - 200 thousand rubles part of the bad debt not covered by the provision was written off;

On 31.12 Debit 91-2 - Credit 63 - 388 thousand rubles created a provision for doubtful debts.

When applying interval or expert method the following options are possible:

• if the debt for which the reserve was created is recognized as uncollectible, then it is written off from the reserve. If it turns out that the amount of the reserve is not enough, then the part of the debt not covered by the reserve is written off to other expenses;
• if the debt for which the reserve was created is repaid, then the amount of the reserve is restored, i.e. included in other income.

When applied statistical method the following options are possible:

• if the debt of the type for which the reserve was created is recognized as uncollectible, the debt is written off at the expense of the reserve. If the amount of the reserve is not enough, the part of the debt not covered by the reserve is written off to other expenses;
• if the debt of the type for which the reserve was not created is recognized as uncollectible, as well as when any debt is repaid, then the amount of the reserve is not adjusted.

It is also necessary to take into account that when creating a reserve for doubtful debts, before choosing one or another method of creating a reserve, it is necessary to clearly understand for what purpose, in addition to the fact that the formation of a “doubtful” reserve in accounting is mandatory, it is created .

Obviously, if a company needs a balance sheet in order, for example, to get a loan from a bank, then excessive provisioning can make the balance sheet not quite “beautiful” in terms of economic and financial indicators. Although we must always remember that accounting should always reflect the real picture at the enterprise and in no case embellish the reality, since accounting is formation of complete and reliable information about the activities of the organization (clause 4 of the order of the Ministry of Finance of the Russian Federation dated July 29, 1998 N 34n).

Reflection of the allowance for doubtful debts in the financial statements

In the financial statements, doubtful debts are reflected as follows (clause 35 PBU 4/99, clause 38 PBU 19/02):

• in the form of the borrower's debt to repay the loan you issued - on line 1240 of the balance sheet minus the reserve;
• in the form of other doubtful debts, incl. debt of the borrower to pay interest on the loan, - on line 1230 of the balance sheet minus the reserve.

Allocations to the reserve for doubtful debts are reflected in line 2350 "Other expenses" of the income statement (paragraph 11 of PBU 10/99).

Thus, in accounting at the same time reflected:

• and doubtful debts in full;
• and the amount of the reserve.

In the balance sheet as a result of the creation of the provision:

• receivables are reduced either by the entire amount of doubtful debt, or by a part of it;
• retained earnings are reduced by the same amount.

The write-off of debts at the expense of the reserve does not affect the financial statements.

fines

As usual, any accountant asks himself the question, what will happen if I do not create reserves for doubtful debts in accounting? This does not affect the calculation of taxes, therefore, they cannot fine me. This is not entirely true.

Based on Art. 15.11 of the Code of Administrative Offenses of the Russian Federation establishes liability for gross violation of the rules for accounting and reporting, for officials of the organization in the form of a fine in the amount of 5,000 to 10,000 rubles. (repeated violation from 10,000 to 20,000 rubles or disqualification for a period of one to two years.)

Gross violations are understood in this case as a distortion of any article (line) of the financial statements by at least 10%.

Also, according to Art. 120 of the Tax Code of the Russian Federation, a gross violation by the organization of the rules for accounting for income and (or) expenses and (or) objects of taxation, if these acts were committed during one tax period, in the absence of signs of a tax offense under paragraph 2 of Art. 120 of the Tax Code of the Russian Federation, entails a fine in the amount of 10,000 rubles. The same acts, if committed during more than one tax period, entail a fine in the amount of 30,000 rubles,

In this case, a gross violation is understood as a systematic (two or more times during a calendar year) untimely or incorrect reflection of the taxpayer's business transactions on the accounts and in the reporting.

The period during which they can be fined for gross violations of accounting has been increased to two years Thus, a fine for 2 years can be up to 60,000.00 rubles. only for violation of one article in accounting.

Provisions for doubtful debts in tax accounting

Unlike the accounting reserve, the reserve for doubtful debts in tax accounting is directly related to the formation of the taxable base.

So, if in accounting in the accounting policy it is not necessary to prescribe that a reserve for doubtful debts is being created, then in the accounting policy for tax accounting it is necessary to indicate whether you create reserves or not (Letter of the Federal Tax Service for Moscow dated 06/20/2011 N 16 -fifteen/ [email protected]).

Which organizations can create provisions for doubtful debts in tax accounting?

Organizations, payers of income tax, recognizing income and expenses on an accrual basis, are granted the right to create reserves for doubtful debts in the manner prescribed by Art. 266 of the Tax Code of the Russian Federation. Thus, when applying USN, as well as other special regimes, provisions for doubtful debts are not created.

It should be noted that in tax accounting the definition of doubtful debts differs from the definition in accounting.

From January 1, 2017, amendments were made to paragraph 1 of Art. 266 of the Tax Code of the Russian Federation. Cm. the federal law dated November 30, 2016 N 401-FZ.

Paragraph 1 of Art. 266 of the Tax Code of the Russian Federation states that Doubtful debt is any debt that has arisen in connection with the sale of goods (performance of work, provision of services), if it is not repaid within the terms established by the contract, and is not secured by a pledge, surety, bank guarantee. Those. it is not any receivable, as is the case for accounting.

Thus, you can recognize an existing receivable as a doubtful debt if it simultaneously satisfies the following criteria.

1. The debt arose in connection with the sale of goods (performance of work, provision of services).

2. The debt is not repaid within the terms established by the agreement.

3. The debt is not secured by a pledge, surety, bank guarantee.

If all these conditions are met, the debt is recognized as doubtful. It does not matter whether action was taken to recover it or not.

For example, it does not matter whether claims are sent to the counterparty, whether they are sued statements of claim etc. The debt continues to be considered doubtful even if enforcement proceedings are initiated against it (see, for example, Letter of the Ministry of Finance of Russia dated March 18, 2011 N 03-03-06 / 1/148).

There are many explanations of the financial department for doubtful debts in tax accounting, and there is also judicial practice.

So, for example, according to the Ministry of Finance and some courts, debt should not be considered doubtful:

1. on prepayment, when the supplier did not ship the goods, did not provide services in accordance with the contract (Letters of the Ministry of Finance of Russia dated 04.09.2015 N 03-03-06/2/51088, dated 08.12.2011 N 03-03-06/1/ 816, dated 06/30/2011 N 07-02-06/115, dated 06/17/2009 N 03-03-06/1/398). The same position is found in jurisprudence.

2. on penalties for violation of the terms of the contract (Letters of the Ministry of Finance of Russia dated 10.23.2012 N 03-03-06 / 1/562 (p. 4), dated 06.15.2012 N 03-03-06 / 1/308, dated 29.09 .2011 N 03-03-06/2/150 (clause 2), dated 09/23/2010 N 03-03-06/1/612, dated 03/19/2010 N 03-03-06/2/52);

3. on the amounts of interest collected by the arbitration court for the use of other people's funds (Letter of the Ministry of Finance of Russia dated July 24, 2013 N 03-03-06/1/29315);

4. under loan agreements (Letters of the Ministry of Finance of Russia dated February 4, 2011 N 03-03-06 / 1/70, dated May 12, 2009 N 03-03-06 / 1/318).

5. on acquired rights of claim (Letters of the Ministry of Finance of Russia of October 23, 2012 N 03-03-06 / 1/562 (clause 4), of May 12, 2009 N 03-03-06 / 1/318). The courts also take a similar position;

6. in the form of unpaid amounts for the assigned right to claim for settlements for shipped goods (Determination of the Constitutional Court of the Russian Federation of November 19, 2015 N 2554-O). Arbitration courts come to the same conclusion.

Important! If the debt was formed for reasons not related to the sale (under a loan agreement, assignment of the right to claim, a security agreement, etc.), it cannot be considered doubtful and, therefore, participate in the formation of a reserve.

The interdependence of the buyer with the seller cannot be a reason for refusing to create a reserve. But under the totality of circumstances that testify to the manifestation of bad faith of the company, the court may uphold the decision tax office about unreasonable overestimation of expenses by the amount of the created reserve. (Determination of the Armed Forces of the Russian Federation of April 29, 2016 No. 304-KG16-3795, Decree of the Arbitration Court of the West Siberian District of February 15, 2016 No. A03-1025 / 2015).

Creating a provision for doubtful debts in tax accounting

The allowance for doubtful debts is determined as follows:

• with a period of occurrence of more than 90 calendar days, the amount of the created reserve includes the full amount of the debt identified on the basis of the inventory;
• with a period of occurrence from 45 to 90 calendar days (inclusive), 50 percent of the debt amount is included in the amount of the reserve;
• with a maturity of up to 45 days - does not increase the amount of the created reserve.

The amount of the reserve cannot exceed standard(Clause 4, Article 266 of the Tax Code of the Russian Federation), i.e. cannot exceed 10 percent of the revenue of the reporting (tax) period.

Before creating a reserve for doubtful debts, it is necessary to conduct an inventory of receivables and payables for the last day of each reporting (tax) period and formalize its results with an act (INV-17) (clause 4 of article 266 of the Tax Code of the Russian Federation, Letter of the Ministry of Finance dated 05.23.2016 N 03 -03-06/2/29297).

1. On the last day of each reporting (tax) period, it is necessary to determine the amount of the reserve according to the formula (clause 4 of article 266 of the Tax Code of the Russian Federation, Letter of the Ministry of Finance dated 03.08.2010 N 03-03-06 / 1/517):

The debt, which is taken into account when calculating the reserve, is reduced by accounts payable to the same counterparty (clause 1, article 266 of the Tax Code of the Russian Federation).

For example if the counterparty owes you 700,000 rubles, and you owe him 150,000 rubles, then when calculating the reserve, take into account only the difference in the amount of 550,000 rubles. (700,000 rubles - 150,000 rubles).

2. On the last day of each reporting (tax) period, it is necessary to calculate the amount of deductions to the reserve according to the formula (clause 5 of article 266 of the Tax Code of the Russian Federation):

3. The following options are available:

• If the amount of deductions to the reserve is zero, then nothing needs to be done.
• If the amount of deductions to the reserve is a positive number, then the amount of deductions to the reserve must be included in non-operating expenses for the last day of the current reporting (tax) period (clause 7, clause 1, article 265, clause 3, article 266 of the Tax Code of the Russian Federation, Letter from the Ministry of Finance dated May 23, 2016 N 03-03-06/2/29297).
• If the amount of contributions to the reserve - a negative number, then this amount must be included in non-operating income for the last day of the current reporting (tax) period (clause 7, article 250, clause 5, article 266 of the Tax Code of the Russian Federation).

The reserve for doubtful debts can be used by the organization only to cover losses from bad debts recognized as such in the manner prescribed by Art. 266 of the Tax Code of the Russian Federation (clause 4 of article 266 of the Tax Code of the Russian Federation).

Consequently, when doubtful debts become bad debts, they are taken into account in the provision account, and are not recognized as losses on the basis of paragraphs. 2 p. 2 art. 265 of the Tax Code of the Russian Federation.

4. As of December 31 of the current year, it is necessary to calculate the amount of the reserve and deductions to the reserve in the usual manner (clause 5 of article 266 of the Tax Code of the Russian Federation).

5. The following options are possible:

• Continue to form a reserve for doubtful debts next year. In this case, the balance of the reserve is carried over to the next year.
• If it is decided not to form a reserve for doubtful debts next year. Then it is necessary to make changes to the accounting policy and include the balance of the reserve in non-operating income of the current year.

Important! If both reserves are created according to different rules, then temporary differences will appear between accounting and tax accounting (clause 8 PBU 18/02, approved by Order of the Ministry of Finance of Russia dated November 19, 2002 No. 114n). In this case, it is necessary to refer to PBU 18/02 to reflect deferred tax assets (ITA) and liabilities (ITL).

Comparative table of allowance for doubtful debts in accounting and tax accounting

Rules for Accounting Purposes	Rules for tax accounting purposes
All organizations regardless of the taxation system	Organizations using the accrual method
We do not prescribe in the accounting policy whether we create a reserve or not	In the accounting policy, we must prescribe whether we create a reserve or not
A reserve is required if there are doubtful receivables	The accountant himself decides whether to create a reserve or not
Deductions to the reserve are other expenses (clause 11 PBU 10/99). They are reflected in the debit of account 91 and the credit of account 63	The company takes into account the amount of deductions to the reserve as part of non-operating expenses
Any receivables that are not repaid within the terms established by the agreement (or will be overdue with a high probability) and are not secured by guarantees are considered doubtful.	You can form a reserve only for debts that are associated with the sale of goods (works, services). There are others mandatory conditions
The amount of the reserve for each debt is determined by the accountant independently based on the methods fixed in the accounting policy	The percentage of deductions to the reserve is established by the Tax Code of the Russian Federation
The total amount of the reserve is not limited	Overall size reserve cannot exceed 10% of revenue

The procedure for creating a reserve for doubtful debts in accounting is not legally fixed. Therefore, the organization develops a way to create a reserve on its own. For example, in the way proposed in tax accounting. Let's take a closer look.

What debt of the organization is doubtful?

Doubtful receivables of an organization are debts that are not paid off or with a high degree probability will not be repaid within the terms established by the agreement, and is not provided with appropriate guarantees (clause 70 of the Accounting Regulations, approved by order of the Ministry of Finance of Russia dated July 29, 1998 No. 34n).

Since accounting (financial) statements must be reliable, the purpose of creating a provision for doubtful debts is to reflect reliable receivables in the balance sheet.

Doubtful debt is identified through the inventory of calculations. Inventory is subject not only to the debt for goods sold, works, services, but also the debt of suppliers for advances issued to them.