VAT "5 percent" rule: calculation example when applied. Separate accounting

2024 Author: Howard Calhoun | [email protected]. Last modified: 2024-01-02 13:48

If an organization simultaneously conducts transactions that are taxable and not taxable with VAT, it is obliged to carry out separate accounting for tax amounts. This is provided for in Art. 170 of the Tax Code of the Russian Federation. Fees on taxable transactions are deductible. In a different situation, it is necessary to draw up proportions for each tax period according to the amounts of goods shipped. Especially for these purposes, the rule "5 percent" for VAT has been developed. An example of calculating the amount of tax in different situations will be discussed in detail below.

Essence

Trade organizations often have to combine the general tax regime with a single tax. The presence of export operations is also the basis for separate accounting. The reason is that when exporting, VAT is deducted on the last day of the month when documents were provided confirming the use of a zero rate for such an operation. The procedure for calculating tax on these transactions is determined by the accounting policy.

Let's take a closer look at how such organizations carry out separate VAT accounting.

Sub-accounts to account 19 are used to reflect the tax amount distribution in the BU. Distributioncarried out in the period in which the goods were taken into account. Therefore, the proportion is carried out according to comparable indicators - the cost of goods with and without VAT. Double accounting is also carried out if the organization has operations that are implemented outside the Russian Federation.

Example 1

Let's consider a standard situation. During the quarter, the company shipped products worth 1.2 million rubles, including taxable items - 0.9 million rubles. The amount of tax presented by suppliers is 100 thousand rubles. Since the cost of the goods, which is not subject to taxation, is 250 thousand rubles, the calculation coefficient is 0.75. Therefore, not 100 thousand rubles, but only 75 thousand rubles can be taken as a deduction. (100 0, 75). And only 25% can be taken into account in the cost of purchased goods: 1, 2 _{0, 25=0.3 million rubles.}

Calculations

How to allocate input VAT? An enterprise may have fixed assets and intangible assets registered in the first month of the quarter. In such cases, the proportions are determined based on the share of the cost of shipped goods manufactured on a new machine in the total amount of sales for the month in which the object was taken into account.

The cost of services for providing a loan and REPO transactions are calculated based on the amount of income in the form of accrued interest. An exception is an interest-free loan, the cost of which is equal to zero. Such operations do not affect the proportion

When calculating the Central Bank, the difference between the sale price and the acquisition costs is calculated. At the same time, VAT-free transactions alsoshould be included in the cost of the work.

Example 2

During the quarter, the company sold goods worth 2 million rubles, including 1,750 thousand rubles. taxable and 250 thousand rubles. not taxable. Suppliers submitted 180 thousand rubles for deduction

The coefficient for subsequent calculations is 0.875. From the purchased goods, you can take: 180 _{0, 875=157.5 thousand rubles. The remaining 22.5 thousand rubles. should be reflected in the cost of goods.}

5% rule

For those periods when the share of expenses on non-taxable operations is less than 5% of the total amount of expenses, the company may not carry out separate accounting. The procedure for calculating the total amount of expenses when calculating the barrier is not established by law. An enterprise can develop its own sound methodology and fix it in the accounting policy.

When calculating the share, all sales without VAT are taken into account: tax-free transactions, imputed sales, expenses on transactions outside the Russian Federation. As for the first group, both direct and general business expenses are taken into account. That is, you need to add up all the costs, add VAT on general expenses in the appropriate proportion, then divide the resulting amount by the amount of costs.

The "5 percent" VAT rule, which will be calculated below, cannot be applied to export transactions. This is provided for in Art. 170 NK. For such transactions, the VAT rate is 0%. That is, if:

• barrier not reached;
• the enterprise has exportoperations;

you need to carry out separate VAT accounting.

5 Percent Rule Example

Direct costs of the enterprise for taxable operations in the second quarter amounted to 15 million rubles, and for non-taxable - 750 thousand rubles. General business expenses - 3.5 million rubles. The accounting policy provides for the distribution of expenses in proportion to revenue, which in the reporting period amounted to 21 million rubles, respectively. and 970 thousand rubles.

General business expenses on non-taxable transactions: 3.5(0.97 / (21 + 0.97)))=154.529 thousand rubles, or 4.7%. Since this amount does not exceed 5%, the company can deduct the entire input VAT for the second quarter.

Accounting algorithm

To understand what VAT rate should be applied on goods and how to determine the amount of input tax, you can use the following sequence of actions:

1. Calculate the amount of VAT presented that can be deducted. If the purchased goods can be directly attributed to the activities exempted from taxation, then VAT is included in its cost. In other cases, the tax amount is deductible.

2. At the next stage, you need to apply the "5 percent" rule for VAT, the calculation example of which was presented earlier. First, the amount of expenses for non-taxable transactions is determined, then the total expenses are calculated and the formula is applied:

% raw opera.=(Non / Total) x 100%.

If the resulting ratio exceeds 5%, then separate accounting of amounts should be carried out.

3. The tax amounts with and without VAT are calculated, then they are summed up and the ratio is determined:

% calc.=(Amount of area / Amount of total)100%.

Next, VAT on DOS payable is determined:

Tax=VAT charged% calculated

4. Marginal cost is calculated:

VAT limit=VAT presented - VAT deductible

or

Cost=(Amount of shipped, but not taxable goods / Total sales volume) 100%.

Court practice

Full interpretation of "total costs" in the Tax Code is not presented. Based on definitions in economic dictionaries, this term can be understood as the total amount of costs incurred by the taxpayer for the production of goods. The Ministry of Finance explains that when calculating this value, direct and general costs of doing business are taken into account.

Court practice also does not allow making an unambiguous conclusion as to when it is necessary to carry out separate VAT accounting. The 5 percent rule, the calculation example of which was discussed earlier, applies exclusively to manufacturing enterprises. According to the judges, trading companies cannot carry out separate tax accounting.

Even more questions are caused by operations with securities. In particular, some judges, referring to Art. 170 of the Tax Code, state that the 5% rule can be used when selling such assets. At the same time, the cost of purchasing securities does not affect the proportion. That is, almost always the amount of expenses will be less than 5%, and the payer will be released from the obligationkeep double counting.

In other court decisions there is a reference to PBU 19/02, which states that all operations with securities in NU and BU are financial investments. In addition, organizations do not have costs associated with the formation of the cost of such assets. That is, the income from such operations is exempt from taxation. Therefore, the organization must present the VAT in full for deduction.

Transactions on the sale of a share of a legal entity in the Criminal Code of another organization are not subject to VAT. Therefore, double counting is always kept in such cases.

Example 3

Before providing funds as collateral, the company engaged auditors to check the financial condition of the borrower. The cost of the company's services amounted to 118 thousand rubles. VAT included. The loan amount is 1 million rubles. The cost of financial investments is determined based on the creditor's accounting policy. If it does not provide for the use of the 5% rule, then VAT for the services of an auditor should be included in the cost of the financial investment. In this case, it will be necessary to distribute general business costs. If there is a reservation, then all amounts are deductible.

The issue of accounting for input VAT in transactions with debt securities remains open. It is risky to use a preferential scheme in relation to transactions with bills of exchange. The Federal Tax Service will most likely challenge such operations, and then you will have to prove your case in court.

Accounting

From the foregoing, we can draw the following conclusion: it is better to determine the method of calculating expenses and indicate it in the accounting policy. In this case, you need to write down the entire listcosts that relate to tax-exempt transactions and how they are calculated:

• allocate a position in the state for a responsible employee;
• prescribe the procedure for accounting for time for settlements;
• determine the principle of distribution of the amount of rent, utilities for such operations (for example, proportionally).

To collect information on expenses not related to production, account 26 is used. It can reflect management, general expenses, depreciation, rent, costs for information, audit, consulting services.

VAT or UTII for individual entrepreneurs

For starters, it is worth noting that entrepreneurs who are single tax payers do not pay VAT on transactions that are recognized as taxable. At the same time, the Tax Code states that organizations that carry out transactions subject to VAT and UTII are required to keep double accounting of property, liabilities and operations. For such individual entrepreneurs, the procedure for accounting for VAT is regulated by the tax code. It also spells out the procedure for the work of exporters located on UTII for individual entrepreneurs.

Separate accounting allows you to correctly determine the amount of tax deduction: in full or in proportion. The code says that the procedure for the distribution of such operations must be prescribed in the accounting policy of the organization. The above ratio is calculated based on the value of non-taxable goods sold in the total amount of sales. Consider another problem in which the rule "5percent" on VAT.

Calculation example. An enterprise engaged in wholesale and retail trade (paying VAT and UTII) must carry out double tax accounting. Even if the works, equipment, real estate are intended for "imputed" activities, VAT on them is not deductible. If the services received, purchased real estate objects, are intended for conducting transactions subject to VAT, then the tax presented is taken into account in full. If the purchased equipment will be used on "two fronts" at once, then you need to draw up a proportion. One part of the tax to be deducted, and the other part to be included in the cost of goods.

Proportion

The TC spelled out the features of accounting for the ratio of transactions that are exempt from taxation. The cost of services for providing a loan, for REPO transactions is taken into account in the amount of income accrued by the taxpayer of interest. When calculating the value of shares, bonds, and other securities, the amount of income is calculated in the form of a positive difference between the sale price and the costs of purchasing such assets. If the market price is lower than the cost price, then the received value will not be taken into account.

Example

The plant manufactures bicycles and wheelchairs for the disabled, which are not subject to VAT. The accountant reflects the costs of production on sub-accounts opened to account 20. For the first quarter of 2014, the amount of expenses amounted to 10 million rubles: 600 thousand for wheelchairs and 9.4 million rubles. - on bicycles. In addition, general and general production expenses were incurred in the amount of 2 and 3 million rubles.respectively.

First, find the ratio of expenses:

0, 6 (10+2+3)=0, 04, or 4%.

An accountant may not keep separate records of input tax and present the entire amount for deduction. But in the VAT return, you must indicate the revenue and the full cost of preferential products.