Purchasing a car on lease. Accounting and tax accounting.

The current state of affairs in our country is such that not every individual, as well as legal entity, can easily go and acquire ownership of movable or immovable property with a single payment. This is largely due to its inaccessibility and high cost. Take at least houses and apartments. Is it possible to buy them right away without turning to banks for financial help? Of course, it is possible, but it is certainly not easy to do.

Actually, this also applies to objects that are “smaller” in value – equipment, non-residential space and, of course, cars. For them, banks and other credit institutions have developed a leasing program, thanks to which a car can be purchased for the company both for temporary use and with the possibility of subsequent purchase, which turned out to be a very convenient way to resolve this issue. In general, leasing, according to the author of the economic dictionary, is a type of financial service, a form of lending for the acquisition of fixed assets by enterprises or very expensive goods by individuals. Today we will talk specifically about leasing a car purchased by a company, and how an accountant can correctly reflect the corresponding transactions in accounting. But first, let’s bring him up to date...

This is how the director will come to you and say: “Marya Ivanovna, I’m leasing a car!” Are you ready...

Parties to the leasing agreement

Leasing a vehicle is a financial transaction made regarding the transfer of certain property for use, in our case a vehicle, drawn up in the form of an agreement. As with any leasing agreement, it stipulates the period for which the asset is provided for use, and at the end of this period the vehicle can be retained or returned.

There are always three parties to a leasing agreement:

lessor - an individual or organization that buys any property (including vehicles) from the owner, but not for their own use, but to transfer this right;
lessee - a legal or private person who receives the specified vehicle for paid use for an agreed period;
supplier (seller) – the primary owner of the subject of the contract from whom the lessor purchases the property for leasing.

Which of these parties is required to pay transport tax? This depends on a number of parameters, which will be discussed below.

Early redemption of a car from leasing: transactions

In case of early redemption of a car, income is recognized in the lessor's accounting in the amount of payments due in connection with this event. If the car is included in the lessor’s balance sheet, the residual value of the purchased vehicle is included in expenses. If the car is included in the balance sheet of the lessee, then the part of the cost of purchasing the car that was not written off at the time of redemption must be recognized as expenses.

The sequence of actions of the lessor when purchasing a car early.

1. Recognize income from ordinary activities in the amount of payments (excluding VAT) payable by the lessee in connection with the early purchase of the car (clauses 3, 5, 6, 6.1, 12 PBU 9/99, clause 2 of recommendations R-99/ 2018-OK leasing “Income from the sale of leased items.”

2. If the car is included in the lessor’s balance sheet, then:

the cost of the car is written off from the register (clause 29 of PBU 6/01 “Accounting for fixed assets”);
the residual value of the car is included in the cost of sales (clauses 5, 9 of PBU 10/99 “Organizational expenses”, clause 5 of recommendation R-99/2018-OK).

3. If the car is included in the balance sheet of the lessee, then:

the part of the costs for its acquisition that has not been written off at the time of early redemption is included in the cost of sales (clauses 5, 9 of PBU 10/99, clause 5 of recommendation R-99/2018-OK);
the cost of the car is debited from account 011 “Fixed assets leased out”.

Reflection of early repurchase of a car in accounting records.

Contents of operation	Debit	Credit	Primary document
Recognition of income in the amount of payments in connection with the early purchase of the leased asset	62 (76)	90-1	Vehicle transfer certificate
Accrual of VAT on payments in connection with early redemption	90-3	68	Invoice
Receiving payments in connection with the early purchase of a car (including the redemption price, if agreed upon in the contract)	51	62 (76)	Bank statement
Acceptance for deduction of VAT on advances received towards the redemption value (if the redemption value was transferred in installments along with leasing payments)	68	62-VAT 76-VAT	Invoice
If the car is included in the lessor's balance sheet
Write-off of the initial cost of a vehicle purchased ahead of schedule	03-disposal	03-leasing	Accounting information
Writing off car depreciation	02-leasing	03-disposal	Accounting information
Write-off of the residual value of the car	90-2	03-disposal	Accounting information
If the car is recorded on the lessee’s balance sheet (the lessor reflects leasing transactions using account 97)
Reflection of part of the costs of purchasing a car that were not previously written off as expenses	90-2	97	Accounting certificate-calculation
Writing off the cost of a car from off-balance sheet accounting	011	Accounting information

If the car is included in the balance sheet of the lessee, upon early redemption it is necessary to adjust the cost of the vehicle and input VAT for the difference between the remaining amount of payments and the amount paid to the lessor upon redemption.

Example. Accounting for early purchase of a car

The car was received under a leasing agreement in April 2021 and registered at the cost of all payments under the agreement without VAT - 2,800,000 rubles, SPI - 40 months, monthly depreciation - 70,000.00 rubles.

In May 2022, the leasing agreement was terminated, and the car was purchased ahead of schedule for 750,000 rubles (VAT - 125,000, cost without VAT - 625,000). At the time of termination of the contract, the balance of debt to the lessor amounted to 1,344,000 rubles (VAT - 224,000, payments excluding VAT - 1,120,000).

In tax accounting, we register a car at a cost of 625,000 rubles; we reduce the SPI by the life of the car in leasing - 13 months (May 2021 - May 2022). Starting from June 2022, we charge depreciation on a new car - 23,148.15 rubles (625,000 / (40 months - 13 months))

In accounting, account 01 is credited with 495,000 rubles (1,120,000 - 625,000);

Account 19 is credited for 99,000 rubles (224,000 - 125,000).

The new initial cost of the car is 2,305,000 rubles (2,800,000 - 495,000). Accumulated depreciation - 910,000 rubles (70,000 rubles x 13 months).

On May thirty-first, we calculate depreciation based on the previous cost - 70,000 rubles. The residual value as of May 31 is 1,395,000 rubles (2,305,000 rubles - 70,000 rubles x 13 months). Starting from June 2022, we charge depreciation - 51,666.67 rubles (1,395,000 rubles / (40 months - 13 months).

Contents of operation	Debit	Credit	Amount (rub.)
In May 2022
New redemption price paid	76.07.04	51	750 000
Calculation of lease payment in relation to the redemption value	76.07.1	76.07.4	750 000
VAT deduction on the redemption price	68	19	125 000
Decrease in the value of a car due to early redemption	76.07.1	01.03	495 000
Reduction of VAT deductible due to early redemption	76.07.1	19	99 000
Transferring a leased car to your own OS	01.01	01.03	2 305 000
Depreciation on a leased car	20	02.03	70 000
Transfer of accumulated depreciation	02.03	02.01	910 000
Monthly from June 2022 to August 2024
Depreciation on your own car	20	02.01	51 666,67

Be careful with car leasing

The main attractive feature of leasing agreements regarding vehicles is the opportunity to use the vehicle, even if there is no financial opportunity to purchase it immediately, as well as the prospect of obtaining ownership of it.

But there are also negative features of such a transaction that should be taken into account and the risks correctly assessed before concluding a contract:

The credit is still lower. Interest on a leasing agreement is usually higher than bank interest. But the conditions of banks differ significantly and are not subject to revision and adjustment.
"Medical examination" of the car. Until the end of the contract, the lessor will regularly inspect the vehicle, which is still legally owned by him.
You'll have to ask first. The recipient of the car will not be able to carry out any legal actions with it without the permission of the lessor.
Remember, the car is not yours yet. If during the validity of the leasing agreement the recipient violates any conditions (payments were not made on time, mandatory technical inspection was not completed, maintenance was not carried out on time, etc.), the car will not become the property of the recipient, he will lose this right.

How to lease a car?

We gradually approached this issue. Depending on each specific situation, the sequence of actions may differ slightly, but the essence does not change at all:

An interested person visits a car dealership and chooses a car based on his needs and the needs of the company. At this stage, it is important to approach the choice responsibly, because... It is he who will subsequently determine the favorable outcome of the event. Moreover, making the right choice is also important for the reason that if in the future you remain dissatisfied with the chosen car, then over time you will have to once again spend a certain amount on replacing it. This is especially true if your intentions are to subsequently repurchase the vehicle;
The selected car becomes the subject of leasing, after which a contract is concluded. Exactly what it will be (from those that we have described) depends on the credit institution;
Next, car insurance is taken out. It is worth noting that this rule is mandatory in all organizations, because both the bank and the client themselves are equally at risk when the car changes hands. There is one important point here: insurance obligations fall in the vast majority of cases on the shoulders of the recipient of the car. Only in very rare cases can the dealer himself provide such a service at his own expense;
Once all the documents have been completed, the car is handed over to the client for use. As a rule, at this stage the user signs an additional agreement with the company that he (the client) undertakes to drive the vehicle carefully and undergo regular maintenance;
A few years later, when the lease agreement expires, the client has the right to return the car, buy it back, or extend the validity period of the document. As a rule, credit institutions are willing to accept this user’s proposal, because in this case, the lessor receives a larger number of payments “with interest”.

Legislative regulation of transport taxation

The controversial issue of payment of transport tax for the corresponding leasing is considered in a number of legislative documents:

Tax Code of the Russian Federation:
Art. 358 – about objects of taxation;
Art. 360 – about reporting tax periods;
Art. 361 – about rates and benefits;
Art. 362 – on the timing of payment of TN;
Art. 363 – on the procedure for accepting payment.
Federal Law No. 164 “On financial lease (leasing)” dated September 11, 1998 regulates relations under a leasing agreement. Art. 20 states that any party to the contract can be considered the owner of the leased object.
Order of the Ministry of Internal Affairs of the Russian Federation No. 1001 regulates the establishment of ownership of a car by concluding a special agreement.
Letter of the Federal Tax Service No. BS-4-11/22368 provides additional clarification regarding the payment of TN in leasing.

Accounting for leasing on the lessor's balance sheet: entries

Cars purchased for transfer to the lessee are accounted for on account 03 “Profitable investments in material assets” at their original cost, based on the actual purchase costs. Preliminarily, these costs are reflected in account 08 “Investments in non-current assets” (clauses 5, 7, 8 PBU 6/01, clause 3 of the instructions on reflecting transactions under a leasing agreement in accounting). Depreciation on a car is accrued from the 1st day of the month following the month of its transfer to the lessee (clause 21 of PBU 6/01, clause 50 of the guidelines for accounting of fixed assets, clause 5 of the instructions on reflecting transactions under a leasing agreement in accounting).

Table “Lessor’s entries when recording a car on its balance sheet”

Contents of operation	Debit	Credit	Primary document
Reflection of costs (excluding VAT) associated with the purchase of a car	08	60	Seller's shipping documents
Reflection of VAT presented by the seller	19	60	Invoice
Acceptance of “input” VAT for deduction	68	19	Invoice
Acceptance of a car for registration	03-ld	08	Certificate of acceptance and transfer of the car, inventory card for recording the asset
Payment to the car seller	60	51	Bank statement
Transfer of car to lessee	03-lp	03-ld	Car acceptance certificate, leasing agreement
Monthly from the 1st day of the month following the month the car was transferred to the lessee
Calculation of depreciation on a car	20	02-lp	Accounting certificate-calculation

Basic postulates of TN in a leasing transaction

So, the main legal documents regarding the payment of TN when leasing vehicles state the following:

the obligation to pay the TN lies with the owner of the vehicle;
the lessee or the lessor may be considered the owner, depending on the circumstances;
the person in whose name the car is registered determines the agreement concluded between the parties to the leasing transaction;
vehicle registration can be issued for a permanent period or only for the duration of the leasing agreement;
The transport fee is paid by the owner regardless of the registration period.

How to determine the owner

The agreement specifies the nuances of the transfer of property into ownership under the terms of leasing. Upon conclusion of the relevant agreement, it may be owned by:

the lessor - until the leasing term expires and all its conditions, especially financial ones, are met;
lessee - on a permanent or temporary basis (depending on the agreement).

NOTE! If the registration of ownership of the car is temporary, you must provide a copy of the leasing agreement and an agreement on the temporary registration to the car control authorities (traffic police or others).

The parties themselves decide who will be the legal owner of the leased asset and formalize it in a contract or leasing agreement.

Value added tax

Value added tax on leasing payments is deductible from the lessee in full, regardless of whether the agreement provides for the transfer of ownership of the leased asset to the lessee. Even if the structure of the leasing payment provides for a redemption price, which is paid by the lessee during the leasing agreement, VAT on leasing payments is deductible in full.

This position is set out in Letters of the Ministry of Finance of Russia dated November 22, 2004 No. 03-03-01-04/1/128, dated November 9, 2005 No. 03-03-04/1/348. This is also confirmed by arbitration practice, for example, Resolution of the Federal Antimonopoly Service of the North-Western District dated 05.08.2005 No. A05-1981/2005-13. After January 1, 2006, the fact of payment of leasing payments is not important for the deduction of “input” VAT. The lessee has the right to deduct VAT on lease payments on a monthly basis based on invoices received from the lessor, regardless of the status of settlements with the lessor. But we must not forget that a prerequisite for deducting “input” VAT both before January 1, 2006 and after this date is the fact that goods (works, services) were accepted for accounting. Therefore, if advance payments are made under the terms of the leasing agreement, deduction is possible only as the tax periods to which the lease payments are made occur.

What to Consider When Choosing a Title Type

Before concluding a leasing agreement, you need to carefully weigh all the factors that could affect the value of the property being transferred and decide which agreement to transfer ownership of the car should be concluded. The following points are important:

Differences in transport tax rates in different regions of the Russian Federation. The Tax Code of the Russian Federation states that regional authorities can increase or decrease tariff rates up to tenfold. The tax on a car leased will be calculated according to the region of the property owner, because it will fall into the budget of this region. If the difference is significant, it is better to prefer a form of agreement in which the owner will be considered a person registered in a region with a more lenient rate.
Possibility to apply the benefit. The situation is similar to the situation with the tax rate - all other things being equal, the region of registration with tax benefits should be preferred.
Economic expediency . If you enter into a leasing agreement without taking into account all the key factors, this can significantly increase the cost of the property, while taking them into account will benefit both parties to the transaction.

IMPORTANT! Calculation and payment of TN is carried out in accordance with regional laws at the place of registration of the vehicle.

Transport tax accounting for car leasing

If a leased vehicle is used for the main activity of an individual entrepreneur or organization, then the transport tax will apply to expenses for ordinary activities (clause 5 of PBU 10/99, approved by Order of the Ministry of Finance of Russia dated May 6, 1999 No. 33n).

It is reflected in the debit of account 20 “Main production” and the credit of account 68 “Calculations for taxes and fees”.

When a transfer of TN is made, it is registered in the debit of account 68, the corresponding account is 51 “Current accounts”.

The possibility of purchasing the vehicle after the expiration of the contract or its absence

This type of lease involves receiving the car in person with subsequent monthly or quarterly payments, the level of which is determined by the credit institution. For example: you lease a Gazelle car and make monthly payments in the amount of 30,000 rubles per month. The duration of your contract is 2 years. Therefore, during this period you will have time to pay the bank an amount equal to 720,000 rubles. Initially, the car cost 120,000 rubles. At the end of the contract, you can transfer to the bank account the remaining amount of the cost of the Gazelle, which will be 480,000 rubles, and then the car will be completely yours.

There is another option: after 2 years you can terminate the agreement with the bank and return the property to its owner. In this case, you will not need to transfer the remaining payment, but you will not have the car either. But there will be another opportunity to lease another vehicle, but a newer one compared to the one you have been using throughout this time. Either of these two options is attractive in its own way, so the choice will depend on the goals that the company pursues.

Taxation of corporate profits and car leasing

Transport tax is a recognized expense of the organization. It should be taken into account when calculating income tax, not only the amount of tax itself, but also the advance payment for it. Accounting is carried out on the date of accrual as part of “other expenses associated with production and sales”.

RESULTS

The parties to the leasing transaction, by their own will, determine who will be registered as the owner of the vehicle, at what point this right begins and for how long it is valid.
Transport tax is paid by the lessor if ownership of the car is transferred to the recipient only upon fulfillment of all the conditions of the leasing agreement.
Transport tax is paid by the lessee if the car is re-registered in his region on a permanent or temporary basis.
The calculation procedure, deadlines and reporting for payment of TN depend on the rules adopted in the region of registration of the vehicle.
The owner of the leased property bears not only the obligation to pay the technical tax, but also responsibility for late payments or reporting, arrears or non-payment, as well as for the lack of registration of the car transferred under the leasing agreement.

Car leasing: accounting and taxation

The material was provided by the corporate publication for clients of the IRBiS Group of Companies “System of Success”

Machines and equipment are necessary in the activities of almost any organization. However, during a crisis, when the budgets of organizations are already cut to the limit, companies simply do not have free funds to purchase transport, but the need remains the same. In this situation, a business will be able to benefit from purchasing cars through LEASING.

Organizations that do not have sufficient capital select the most suitable leasing company and draw up a leasing agreement with it, which stipulates that at the end of the agreement the property will be transferred to the lessee through redemption. The company selects the required car, makes an advance payment to the lessor and after a certain time receives the vehicle at its disposal. Typically, the leasing agreement also includes a schedule for payment of lease payments, according to which payment for the property occurs - gradually and evenly. And after paying all payments due under the contract, if this is provided for in the contract, the lessee finally transfers ownership of the car. The internal aspects of a leasing transaction are regulated by an agreement drawn up between the companies, but the legal and organizational and economic features are enshrined in the Federal Law of October 29, 1998 N 164-FZ “On financial rent (leasing)” (hereinafter referred to as Law N 164-FZ), as well as in the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation).
In accordance with Art. 2 of Law N 164-FZ, under a leasing agreement, the lessor must acquire ownership of the car specified by the lessee from the seller and provide it to the lessee for a fee for temporary possession and use for business purposes. But the obligations of the lessee to pay lease payments in accordance with clause 3 of Art. 28 of Law N 164-FZ begins from the moment the lessee begins to use the leased asset, unless otherwise provided by the contract. The leased property is transferred to the lessee on the basis of the Transfer and Acceptance Certificate ( Form N OS-1 ). A car purchased under lease, according to the terms of the contract, can be either on the balance sheet of the lessor or on the balance sheet of the lessee, but in our article we will consider the second option, which is most often encountered (the car is on the balance sheet of the lessee). ACCOUNTING:

The general procedure for accounting for transactions under leasing agreements is prescribed in Order No. 15 of the Ministry of Finance of the Russian Federation dated February 17, 1997 “On the reflection in accounting of operations under a leasing agreement” (hereinafter referred to as Order No. 15). Clause 4 of this Order No. 15 specifically reflects the accounting procedure in cases where property is taken into account on the balance sheet of the lessee.

In accordance with paragraph 8 of Order No. 15, the cost of leased property received by the lessee is reflected in the debit of account 08 “Capital investments”, subaccount “Purchase of individual fixed assets under a leasing agreement” in correspondence with the credit of account 76 “Settlements with various debtors and creditors ", subaccount "Rental obligations". The costs associated with obtaining leased property and the cost of the received leased property are written off from the credit of account 08 “Capital Investments”, sub-account “Purchase of individual fixed assets” in correspondence with account 01 “Fixed Assets”, sub-account “Leased Property”.

In this case, the value of the leased property means the entire amount of payments due under the leasing agreement, including the redemption price (if provided). Depreciation deductions are made by the party to the leasing agreement on whose balance sheet the leased asset is located. In accounting, depreciation charges are reflected in the debit of the accounts for accounting for production (circulation) costs in correspondence with account 02 “Depreciation of fixed assets.”

The accrual of leasing payments due to the lessor is reflected in the debit of account 76 “Settlements with various debtors and creditors”, subaccount “Lease obligations” in correspondence with account 76 “Settlements with various debtors and creditors”, subaccount “Debt on leasing payments”. The useful life of a car received under a leasing agreement, which is recorded on the lessee’s balance sheet, is determined by the lessee independently in the manner prescribed by clause 20 of PBU 6/01 “Accounting for fixed assets.”

When purchasing leased property in accordance with clause 11 of Order No. 15, its value on the date of transfer of ownership is written off from off-balance sheet account 001 “Leased fixed assets”. At the same time, an entry is made to this value in the debit of account 01 “Fixed assets” and the credit of account 02 “Depreciation of fixed assets”, subaccount “Depreciation of own fixed assets”. Very often, in order to protect yourself from sharp fluctuations in the ruble exchange rate, leasing agreements are drawn up in foreign currency. As a result, exchange rate differences arise in the organization. Since January 1, 2007, accounting for exchange rate differences in accounting is carried out in accordance with clauses 11-14 of section III “Accounting for exchange rate differences” PBU 3/2006 (approved by order of the Ministry of Finance of the Russian Federation dated November 27, 2006 N 154n).

“ Exchange rate difference is the difference between the ruble valuation of an asset or liability, the value of which is expressed in a foreign currency, on the date of fulfillment of payment obligations or the reporting date of a given reporting period, and the ruble valuation of the same asset or liability on the date of its acceptance for accounting in the reporting period or the reporting date of the previous reporting period.” (clause 2 of PBU 3/2006).

It is also important that all differences associated with changes in exchange rates, including for assets denominated in foreign currency or liabilities payable in rubles, are now considered for accounting purposes as exchange rates. Recalculation of the value of liabilities expressed in foreign currency is carried out at the rate in effect on the reporting date (clause 8 of PBU 3/2006).

The cost of investments in non-current assets (fixed assets, intangible assets, etc.), inventories and other assets expressed in foreign currency in accordance with clause 9 of PBU 3/2006 is accepted in the assessment in rubles at the rate in effect on the date of the transaction in foreign currency, as a result of which these assets are accepted for accounting. After accepting these assets for accounting purposes, recalculation of their value due to changes in the exchange rate is not carried out on the basis of clause 10 of PBU 3/2006.

Based on clause 5 of PBU 3/2006, the conversion into rubles of the value of an asset or liability expressed in foreign currency, payable in rubles, is carried out at the official exchange rate of this foreign currency to the ruble, established by the Central Bank of the Russian Federation. But if a different rate is established by law or agreement of the parties, then the value of the asset or liability is recalculated at a different rate.

As a rule, the parties to the agreement determine how the ruble equivalent of the obligation will be determined. Especially for this purpose, the date of fulfillment of the obligation and the exchange rate are fixed. Most often, the parties establish the amount of the obligation on the date of payment, and the rate is tied to the rate of the Central Bank of the Russian Federation with a slight increase in the rate. Let’s say the contract may state: “the US dollar rate established by the Central Bank of the Russian Federation on the day of payment, plus 2 percent”

There is an opinion that if the cost of a service under the terms of the contract is determined at the exchange rate on the date of payment, then with advance payment (advance payment), the amount of the obligation will not change in the future. Therefore, if the leasing agreement states that payment and accrual of payments are carried out on the date specified in the payment schedule, this means precisely the date of payment. Therefore, in accounting there is no need to revaluate the ruble advance , the equivalent of which is determined in conventional units on the date of payment .

Exchange differences on such obligations do not arise in accounting, and as a result, there is no amount difference. But in order not to take risks and not face claims from tax authorities, it is better to reflect exchange rate differences in accounting. If the lease payment is made before it is accrued in accounting, then a receivable is formed 76 On account 76 , the sub-account “Debt on leasing payments” reflects the difference resulting from changes in exchange rates, and, depending on changes in the dollar exchange rate, means the debt of either the lessee (when the rate increases) or the lessor (when the rate decreases).

Account 76 corresponds with 91 . The subaccount of account 91 (1 or 2) is selected depending on whether the exchange rate has decreased or increased, the organization’s income or expenses. TAX ACCOUNTING: INCOME TAX In accordance with paragraph 7 of Art. 258 of the Tax Code of the Russian Federation, property received under financial lease is included in the corresponding depreciation group by the party whose balance sheet it is taken into account under the leasing agreement. The lessee, who accounts for the car on his balance sheet, must depreciate it. But before that, the car must be assessed. And in accordance with clause 8 of Order No. 15 in accounting, the initial cost of the car will be equal to the amount of lease payments excluding VAT.

Thus, the initial cost is defined as the sum of the lessee's expenses for the acquisition, delivery, construction, manufacturing and bringing the property to a condition in which it is suitable for use. It is necessary to exclude from this cost only the amounts of taxes that are subject to deduction or reflected as expenses in accordance with the law (clause 1 of Article 257 of the Tax Code of the Russian Federation). Leasing payments minus the amounts of accrued depreciation on the property accepted on the balance sheet are taken into account by the lessee as other expenses associated with production and sales, and can be accepted as income tax expenses. Be careful! If the leasing agreement does not specify the purchase price, then all expenses can be written off in the period in which they were incurred. Therefore, it is much more profitable for the lessee not to separate the purchase price and leasing payments in the agreement.

Well, if the purchase price is still specified in the agreement, then the costs of paying the purchase price can be written off in tax accounting only in the period when the leasing agreement is fully executed. Officials in their letters defend the opposite point of view and point out that it is necessary to take into account the purchase price and leasing payments separately. And the leasing payment itself must be classified as other expenses only to the extent that it is paid for receiving the leased asset for temporary possession and use. In this case, the redemption price of the leased asset is not taken into account for profit tax purposes (letters of the Ministry of Finance of Russia dated April 27, 2007 N 03-03-05/104, dated March 4, 2008 N 03-03-06/1/138, dated June 25, 2009 year N 03-03-06/1/428).

In such cases, the courts take the side of the taxpayer. In their opinion, despite the fact that the calculation of the lease payment includes several components, it cannot be considered as several independent payments (determination of the Supreme Arbitration Court of the Russian Federation dated May 21, 2008 N 6373/08, resolution of the Federal Antimonopoly Service of the Moscow District dated May 17, 2007 N KA- A41/2186-07, FAS Moscow District dated January 21, 2008 N KA-A40/13000-07, FAS Central District dated February 11, 2009 N A35-1589/08-C21, FAS Ural District dated January 29, 2007 N F09 -12271/06-C3 in case No. A60-16332/06). As a result, we can conclude that other expenses include the payment amount, which is calculated using the following formula:

Sraskh = Plliz - Am

where: C exp - the amount taken into account as part of other expenses; Pl lease - leasing payment; Am - accrued depreciation. But in order to avoid possible problems with the tax authorities, it is best to indicate in the contracts a more or less real redemption value under leasing agreements, i.e. not deviating from market prices by more than 20% (Article 40 of the Tax Code of the Russian Federation). But if, nevertheless, the redemption price has not been determined, and the entire amount of lease payments is included in expenses, then the taxpayer will have no problem defending his point of view in court. Be careful! Until January 1, 2009, in accordance with paragraphs 7 - 9 of Art. 259 of the Tax Code of the Russian Federation for passenger cars with an original cost of more than 600,000 rubles and leased, the basic depreciation rate was applied with a special coefficient of 0.5. Since January 1, 2009, this norm has been canceled, and the coefficient of 0.5 does not apply! To document expenses under a leasing agreement in accordance with letter of the Federal Tax Service of the Russian Federation dated 09/05/2005 N 02-1-07/81, it is sufficient for the lessee to have only a leasing agreement with a payment schedule and an acceptance certificate for the leased property. VALUE ADDED TAX In leasing transactions, VAT payable to the budget is charged by the lessor, and a legal entity acting as a lessee has the right to a refund of the tax charged.
The legislation of the Russian Federation does not provide for a special procedure for deducting VAT during leasing operations, which is confirmed in the letter of the Ministry of Finance of Russia dated July 7, 2006 N 03-04-15/131. Well, since no special features are provided, it turns out that if the amounts of the redemption value of the property are included in leasing payments, the deduction of value added tax paid by the lessee to the lessor should be made to the lessee in the full amount on the basis of invoices issued by the lessor for leasing payments with taking into account the redemption value of the property. Tax authorities do not always agree with the VAT amounts claimed for reimbursement from the budget, paid by lessees as part of leasing payments. In their opinion, a lease payment for the purpose of calculating VAT actually contains two types of payments: expenses for the acquisition of the leased asset and rent for the use of the leased property. Therefore, VAT can be deducted only in that part of the lease payment that is a payment for remuneration to the lessor. But the tax in the remaining part (regarding the purchase price) is not deductible, since the leased asset is not accepted for accounting.

As for the judicial authorities, they do not support this position of the inspectors and remain on the side of the taxpayers. The judges justify their position by the fact that the leasing payment is a single payment, and separating from it the part attributable to the cost of the property leased, and refusing to deduct the VAT paid in this part are illegal and unfounded (resolution of the Federal Antimonopoly Service of the Moscow Region dated April 25, 2007 N KA-A40/1228-07, dated 10/07/2005 in case No. KA-A40/8948-05).

The lessee has the right to reimburse VAT only if there are invoices, documents confirming their payment, as well as evidence of acceptance of the leased property for accounting in the prescribed manner and use in production activities. And what is very important, the legislation does not link the taxpayer’s right to tax deductions with the transfer of ownership of the leased property. Thus, taking into account the extensive positive arbitration practice for lessees in different judicial districts, we can conclude: there is a high probability that, by adhering to this option, the organization will win the case in court. Now let’s take a closer look at a specific example of buying a car on lease. CONDITION: Romashka LLC in December 2007 received a NISSAN NAVARA car from Vasilek LLC under a leasing agreement. Romashka LLC paid lease payments to Vasilek LLC monthly for 12 months - from December 2007 to November 2008 inclusive - in accordance with the payment schedule. The car is accounted for on the balance sheet of Romashka LLC. The lease payment amount includes the purchase price. Payment of leasing payments occurs in accordance with the schedule:

Payments	date	The cost of the leased item as part of the lease payment, incl. VAT, rub. (redemption price)	Payment amount including VAT payable, rub.	Payment for services of the leasing company, incl. VAT
1	11.12.2007	21898,57	22895,62	997,05
2	11.01.2008	3735,95	3906,05	170,1
3	11.02.2008	3735,95	3906,05	170,1
4	11.03.2008	3735,95	3906,05	170,1
5	11.04.2008	3735,95	3906,05	170,1
6	11.05.2008	1867,98	1953,03	85,05
7	11.06.2008	1867,98	1953,03	85,05
8	11.07.2008	1867,98	1953,03	85,05
9	11.08.2008	933,99	976,51	42,52
10	11.09.2008	933,99	976,51	42,52
11	11.10.2008	933,99	976,51	42,52
12	11.11.2008	436,96	456,85	19,89
Total	45685,23	47765,29	2080,06

ACCOUNTING: In December 2007, the following entries must be made: 1) Debit 76-6 Credit 51 - 22895.62 rubles . – funds were transferred to pay the advance payment under the leasing agreement; 2) Debit 08 , subaccount “Purchase of individual fixed assets under a leasing agreement” Credit 76 , subaccount “Rental obligations” - 40,479.05 rubles. – reflects the cost of the car received under the leasing agreement; 3) Debit 19 Credit 76 subaccount “Rental obligations” - 7286.24 rubles. – VAT on leasing transactions is reflected; 4) Debit 01 subaccount “Leased property” Credit 08 subaccount “Purchase of individual fixed assets under a leasing agreement” - 40,479.05 rubles. – reflects the cost of the car received under a leasing agreement. Then, monthly entries are made during the term of the leasing agreement: In December: 1) Debit 76 , subaccount “Lease obligations” Credit 76 , subaccount “Debt on leasing payments” - 22,895.62 rubles. — leasing payment accrued; 2) Debit 76 , subaccount “Debt on leasing payments” Credit 51 - 22,895.62 rubles. — the amount of the lease payment to the lessor is transferred; 3) Debit 68 , subaccount “VAT” Credit 19 – 3,492.55 rubles. — accepted for deduction of VAT on part of the lease payment, which was previously paid as an advance; 4) Debit 20 Credit 02 , subaccount “Leased fixed assets” - 40,479.05 rubles. / useful life for accounting purposes * coefficient 0.5 - the amount of depreciation on the leased property is calculated; If the amount of depreciation in accounting exceeds the amount of expenses in tax accounting, then permanent tax liabilities (PNO) are formed. In this regard, it will be necessary to make the following accounting entries: Debit 99 Credit 68 for the following amount: the amount of depreciation minus expenses in tax accounting, all this multiplied by 24% (from 01/01/2009 the income tax rate is 20%).
If an exchange rate difference arises as a result of a change in the dollar exchange rate on the date of acceptance for accounting and the date of payment, then the following entries are made: Debit 91-2 Credit 76 subaccount “Rental obligations” - for the amount: the difference between the new rate and the old rate, multiplied by the payment amount . Subsequently, depreciation is calculated in the same way for all months. All accounting is carried out in rubles, recalculated taking into account the exchange rate. In the example given, in January, February, March, April, it will be necessary to make the following accounting entries: 1) Debit 76 , subaccount “Lease obligations” Credit 76 , subaccount “Debt on leasing payments” - 3906.05 rubles. — leasing payment accrued; 2) Debit 76 , subaccount “Debt on leasing payments” Credit 51 - 3906.05 rubles. — the amount of the lease payment to the lessor is transferred. 3) Debit 68 , subaccount “VAT” Credit 19 – 595.84 rubles. — accepted for deduction of VAT on part of the lease payment, which was previously paid as an advance; 4) Debit 20 Credit 02 , subaccount “Leased fixed assets” - 40,479.05 rubles. / useful life for accounting purposes * coefficient 0.5 - the amount of depreciation on the leased property is calculated. At the end of the leasing agreement, the following accounting entries are made in the organization’s accounting: 1) Debit 01 subaccount “Own fixed assets” Credit 01 , subaccount “Leased fixed assets” - reflects the transfer of leased property into the ownership of the lessee, subject to repayment of the entire amount of lease payments stipulated by the leasing agreement ; 2) Debit 02 subaccount “Own fixed assets” Credit 02 , subaccount “Leased fixed assets” - reflects the transfer of leased property into the ownership of the lessee, subject to repayment of the entire amount of lease payments provided for in the leasing agreement.