Accounting for remuneration for issuing a bank guarantee. Tax and accounting of bank guarantees. Accounting in state institutions
In the current economic situation, a bank guarantee is one of the most popular financial services. It is a tool for insuring financial risks that may arise in connection with the counterparty's refusal to fulfill obligations.
Bank guarantee agreements can be concluded by credit (insurance) organizations for any required amount and for almost any period, not only from legal entities but also with IP.
On the basis of clause 1 of article 369 of the Civil Code of the Russian Federation, a bank guarantee ensures the proper fulfillment by the principal of his obligation to the beneficiary (the main obligation). Thus, a bank guarantee is one of the forms of securing obligations and is a bank guarantee * that guarantees the fulfillment of the obligation assumed by the company that applied for such a guarantee.
*Other credit institution, which has the appropriate license from the Central Bank of the Russian Federation.
In accordance with Article 368 of the Civil Code of the Russian Federation, under a bank guarantee agreement, the bank acting as a guarantor issues, at the request of the client (principal), a written obligation to pay the client's creditor (beneficiary) a sum of money * upon submission by the beneficiary of a written demand for its payment.
*In accordance with the terms of the obligation given by the guarantor.
The provision of a bank guarantee is mandatory in some cases, for example:
- for the conclusion of government contracts,
- when fulfilling government orders,
- to participate in tenders, auctions, competitions,
- and so on.
The issuance of guarantees by banks refers to banking operations in accordance with paragraph 8 of part 1 of article 5 federal law from 02.12.1990 No. 395-1 "On banks and banking activities".
In accordance with the provisions of subclause 3, clause 3, article 149 of the Tax Code of the Russian Federation, operations for the execution of bank guarantees are not subject to taxation (exempted from taxation) of VAT in the territory of the Russian Federation:
- issuance and cancellation of a bank guarantee,
- confirming and modifying the terms of the said guarantee,
- payment under such guarantee,
- execution and verification of documents under this guarantee.
The situation is different with guarantees issued by insurance organizations. When the guarantor is an insurance company, the remuneration for its services is subject to VAT. The amounts of "incoming" VAT from the remuneration to the guarantor can be deducted by the principal company, subject to the conditions specified in paragraph 1 of Article 172 of the Tax Code of the Russian Federation.
In our article, we will consider the features of accounting and tax accounting for the costs of remuneration to the guarantor of the organization-principal.
Accounting for remuneration to the guarantor
It should be noted that the accounting of the remuneration to the guarantor directly depends on the type of obligation, to secure the fulfillment of which the bank guarantee was issued.Situation 1:A bank guarantee was received to ensure the fulfillment of obligations to pay for the acquired property.
If the buyer provides the seller of property with a bank guarantee, then the remuneration to the guarantor is an expense directly related to the acquisition of such property.
According to paragraph 23 of the Regulation on accounting and financial statements, the valuation of property purchased for a fee is carried out by summing up the actual costs incurred for its purchase.
Costs actually incurred include, in particular:
- the cost of acquiring the property itself,
- interest paid on a commercial loan granted upon acquisition,
- markups (surcharges),
- commissions (cost of services) paid to supply, foreign economic and other organizations,
- customs duties and other payments,
- transportation, storage and delivery costs carried out by third parties.
Thus, the amounts of remuneration to the guarantor are included in actual cost acquired assets, if the bank guarantee was issued before these assets were taken into account.
In this case, the following wiring is done:
- Debit asset accounting accounts (01/07/08/10/41, etc.) Credit- reflects the amount of remuneration to the guarantor, included in the actual cost of the asset.
- Debit account 76 "Settlements with different debtors and creditors" Credit
- Debit account 91.2 "Other expenses" Credit account 76 "Settlements with various debtors and creditors" - the amount of remuneration to the guarantor, not included in the actual value of the asset, is reflected.
If a bank guarantee is obtained by a borrower in order to obtain borrowed funds, then in accordance with paragraph 3 of PBU 15/2008, the costs of remuneration to the guarantor are other costs directly related to obtaining loans (credits).
Based on clause 7 of PBU 15/2008, borrowing costs are recognized as other expenses.
According to paragraph 8 of PBU 15/2008, additional borrowing costs may be included evenly in other expenses during the term of the loan (loan agreement).
Accordingly, the organization in the accounting policy for accounting purposes should fix the method of accounting for incremental borrowing costs:
- Or at a time in the reporting period to which they relate (clause 6 PBU 15/2008),
- Or evenly over the term of the loan (clause 8 PBU 15/2008) *.
However, the cost of remuneration to the guarantor associated with obtaining borrowed funds does not relate to any specific assets, and therefore the organization must also provide for this moment in its accounting policy (such expenses can be reflected in other current assets).
The following entries will need to be reflected in the accounting records:
- Debit account 91.2 "Other expenses" Credit
- Debit account 76 "Settlements with different debtors and creditors" Credit account 51 "Settlement accounts" - payment of remuneration to the guarantor is reflected.
The amounts of remuneration to the guarantor for guarantees related to other obligations (for example, with the conclusion of government contracts and the execution of government orders) are accounted for as part of:
- expenses for ordinary species activities,
- or as part of other expenses,
If the bank guarantee is related to the fulfillment of obligations under an agreement, the receipt of income under which is expected within several reporting periods, the costs of the guarantor's remuneration should be reasonably distributed between the reporting periods in accordance with paragraph 19 of PBU 10/99.
Otherwise, the guarantor's remuneration is taken into account in the reporting period in which this expense was incurred.
In accounting, the remuneration of the guarantor is reflected in the following entries:
- Debit account 91.2 "Other expenses" Credit account 76 “Settlements with various debtors and creditors” - the amount (in full or in part) of the remuneration to the guarantor is reflected.
- Debit account 76 "Settlements with different debtors and creditors" Credit account 51 "Settlement accounts" - payment of remuneration to the guarantor is reflected.
income tax
The cost of the guarantor's remuneration reduces the tax base for income tax, subject to the conditions set forth in paragraph 1 of Article 252 of the Tax Code of the Russian Federation, i.e. they must be economically justified and documented.In accordance with paragraph 1 of Article 252 of the Tax Code of the Russian Federation, justified expenses are understood as economically justified expenses, the assessment of which is expressed in monetary terms.
Documented expenses are understood as expenses confirmed by documents drawn up in accordance with the legislation of the Russian Federation, or documents drawn up in accordance with business practices applicable in a foreign state in whose territory the corresponding expenses were made, and (or) documents indirectly confirming the costs incurred. expenses (including a customs declaration, a business trip order, travel documents, a report on the work performed in accordance with the contract).
The procedure for accounting for the cost of remuneration under a bank guarantee in tax accounting, as well as in accounting, depends on the type of obligation to ensure the fulfillment of which the guarantee was issued.
In addition, it matters whether the guarantor is a bank or an insurance company.
Situation 1:A bank guarantee was received to ensure the fulfillment of obligations to pay for the acquired property.
In accordance with paragraph 2 of Article 254 of the Tax Code of the Russian Federation, the cost of inventories (IPZ) included in material costs is determined based on their purchase prices (excluding VAT and excises, except as provided for by the Tax Code of the Russian Federation), including:
- commissions paid to intermediary organizations,
- import duties and taxes,
- transportation costs,
- other costs associated with the acquisition of MPZ.
- for the delivery of these goods,
- storage costs,
- other expenses of the current month related to the acquisition, if they are not included in the cost of acquiring goods.
All other expenses, with the exception of non-operating expenses, determined in accordance with Article 265 of the Tax Code of the Russian Federation, incurred in the current month are recognized as indirect expenses and reduce the income from the sale of the current month.
Accordingly, if obtaining a guarantee is directly related to the purchase of goods, the organization has the right to include the amount of this fee in the cost of its acquisition, thus increasing the amount of direct costs.
According to Article 320 of the organization, it is necessary to fix in the accounting policy for tax purposes the procedure for forming the cost of acquiring goods.
According to paragraph 1 of Article 257 of the Tax Code of the Russian Federation, the initial cost of fixed assets is determined as the sum of the costs of their acquisition, construction, manufacture, delivery and bringing to a state in which it is suitable for use.
At the same time, the costs of paying for bank services can also be recognized:
- as indirect costs associated with production and sale (Article 320 of the Tax Code of the Russian Federation),
- as part of other expenses related to production and sales (clause 25 clause 1 article 264),
- as part of non-operating expenses (clause 15, clause 1, article 265 of the Tax Code of the Russian Federation).
Summarizing the above, in the case of obtaining a guarantee to secure obligations to pay for goods and materials, fixed assets and other assets, companies independently choose the method of including expenses on remuneration of guarantors for tax accounting purposes and fix this method in the accounting policy.
Situation 2:A bank guarantee was received to ensure the fulfillment of debt obligations (loans, credits, etc.).
The remuneration for a guarantee received to secure the performance of loans and credits is accounted for as part of non-operating expenses according to:
- subclause 15 clause 1 article 265 of the Tax Code of the Russian Federation (under a bank guarantee)
- subclause 20, clause 1, article 265 of the Tax Code of the Russian Federation (guarantor - insurance company),
At the same time, it should be borne in mind that, in accordance with subparagraph 2, paragraph 1, article 265 of the Tax Code of the Russian Federation, expenses in the form of interest on debt obligations any kind, are recognized as a taxpayer, taking into account the specifics provided for by Article 269 of the Tax Code of the Russian Federation.
The above features are the established limits, within which interest can be taken into account for the purposes of tax accounting for income tax in accordance with Article 269 of the Tax Code of the Russian Federation.
Accordingly, organizations paying remuneration to a bank for issuing a guarantee in percentage terms face a tax risk if the amount of such remuneration does not fit into the limits established by Article 269 of the Tax Code of the Russian Federation.
According to the explanations of the Ministry of Finance, given in Letter No. 03-03-06/1/7 dated January 16, 2008, taxpayers, in case of determining the amount of remuneration for providing a bank guarantee in percentage, must apply the provisions of Article 269 of the Tax Code of the Russian Federation:
“Taking into account that under the terms of the agreement on the provision of a bank guarantee, the amount of commission to the bank is set as a percentage of the amount of products supplied, for the purposes of taxation of profits, such expenses are equated to expenses in the form of interest on debt obligations.
So, according to paragraph 3 of Art. 43 of the Code, any pre-declared (established) income, including in the form of a discount, received on a debt obligation of any type (regardless of the method of its execution) is recognized as interest.
In this case, interest is recognized, in particular, income received from cash deposits and debt obligations.
Features of taxation of expenses in the form of interest on debt obligations are established by Art. 269 of the Code."
Therefore, if the organization adheres to the position that the guarantor’s remuneration is not related to the use of borrowed funds and, accordingly, takes into account the costs of the guarantor’s remuneration, expressed as a percentage, in full, exceeding the limit established by Article 269 of the Tax Code of the Russian Federation, then it may experience the need to defend their position in court.
Note:In accordance with the opinion of the Ministry of Finance, expressed in the Letter dated 01.08.2005. No. 03-03-04/1/111, the costs of obtaining a bank guarantee, subject to their reasonableness, ensuring the received loans used for the purchase of inventories, inventories and fixed assets, are included in the cost of these assets.
Situation 3:A bank guarantee was received to ensure the fulfillment of other obligations.
On the basis of paragraph 25, paragraph 1, article 264 of the Tax Code of the Russian Federation, other expenses of the taxpayer include expenses for paying for bank services, if these expenses are related to production and sale, and in other cases, according to paragraph 15, paragraph 1, article 265 of the Tax Code of the Russian Federation, expenses bank services are classified as non-operating expenses.
As mentioned above, in accordance with paragraph 4 of Article 252 of the Tax Code of the Russian Federation, the principal company has the right to independently determine how the costs of remuneration to the guarantor will be taken into account, fixing the chosen method in the accounting policy for tax purposes.
A bank can act as a guarantor of the timely repayment of monetary obligations. Due to its high reliability, this financial instrument is involved in order to minimize the risks of non-payment. For example, when collecting taxes and customs duties or in the field of procurement under state and municipal contracts.
Companies always take a certain risk when entering into a deal with a counterparty, because he may refuse to fulfill his obligations. As a result, such a refusal can lead to financial losses. To protect themselves, firms use a bank guarantee. Let's take a closer look at what it provides.
Securing a probable obligation
A bank guarantee is a document issued by a bank and addressed to a specific creditor of your company. In it, the bank undertakes to repay the company's possible debt to the creditor at his request under certain conditions. We are talking about the payment to the creditor of a fixed, predetermined amount. The peculiarity of this agreement is that at the time of issuing a bank guarantee, the obligation itself does not yet exist with the company, that is, the creditor is potential. And in the future, debt may not arise.
Example 1 Contracts for state and municipal needs are concluded on the basis of tenders and auctions. Applications of participants must be secured by the deposit of funds or a bank guarantee. If the participant violates the conditions, the customer will send the security funds to compensate for the losses caused to him. Contracts are enforced in similar ways in this area. Details are in the Federal Law of April 5, 2013 No. 44-FZ "On the contract system in the field of procurement in the field of procurement of goods, works, services to meet state and municipal needs."So, a bank guarantee is a transaction in which three parties are involved:
- a bank called a "guarantor" (fr. garant - guarantor);
- a company that applied to the bank with a request for a guarantee, called the "principal" (from the Latin principalis - chief);
- a potential creditor of the company, called the "beneficiary" (from the Latin beneficium - good deed).
The guarantor, at the request of the principal, gives a written obligation to pay the beneficiary a sum of money upon submission by the beneficiary of a written demand for its payment (). The beneficiary must indicate what the violation by the principal of the main obligation, in security of which the guarantee was issued (), consists in.
A bank guarantee ensures the proper performance by the principal of his monetary obligation to the beneficiary. For the issuance of a bank guarantee, the principal pays a fee to the guarantor (). It is not subject to VAT ().
Note that the role of a bank guarantee can be played by a bank guarantee letter in which a specific beneficiary is not named (clause 8 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 15, 1998 No. 27).
Warranty or insurance?
Not only a bank, but also an insurance company can act as a guarantor. But the guarantee will still be called a bank guarantee. The payment under a bank guarantee itself resembles the payment of an insurer upon the occurrence of an insured event. This similarity is confirmed by an alternative: in some cases, the company, at its choice, can either provide the counterparty with a bank guarantee or insure its liability to him. Examples:
- article 17.1 of the Federal Law of November 24, 1996 No. 132-FZ "On the basics of tourism activities in Russian Federation»;
- article 121 of the Code of Inland Water Transport of the Russian Federation dated March 7, 2001 No. 24-FZ.
What is the difference between guarantee and insurance? The fact is that the insurer, in connection with the payment insurance compensation claims against the insured do not arise (in the absence of intent). And the guarantor, who has paid the principal's obligation, may present recourse claims against him, when this is provided for by an agreement between them ().
A bank guarantee is one of the ways to secure obligations (along with a pledge, surety, etc.).
HOW THE PRINCIPAL DOES ACCOUNTING
Consider the features of accounting and tax accounting in different business situations of the principal company.
Accounting
The cost of a bank guarantee is included in the cost of the asset for the purchase or creation of which it was acquired:
DEBIT 76 CREDIT 51
— remuneration was transferred to the bank for issuing a guarantee;
DEBIT 08, 10, 20, 41, etc. CREDIT 76
- received from the bank a guarantee of payment under a contract or supply agreement.
This general rule formation of the cost of all inventory items.
Example 2 As security for the obligations to pay for the real estate transaction in the amount of 10 million rubles, the company gave the seller a bank guarantee. The remuneration to the bank for the guarantee is three percent of the transaction amount, that is, 300,000 rubles (10,000,000 rubles x 3%), the guarantee period is one month. The principal company did not make the payment within the period stipulated by the sale and purchase agreement. The bank, which had settled the company's obligation to the beneficiary seller, demanded that the company reimburse this amount. In this situation, the accountant will make entries: DEBIT 76 CREDIT 51- 300,000 rubles. – funds were transferred to the guarantor bank for providing the guarantee; DEBIT 08 CREDIT 76- 300,000 rubles. - included in the initial cost of the object of non-current assets are the costs of the guarantee; DEBIT 08 CREDIT 60- 10,000,000 rubles. - an object of real estate was accepted under the deed of transfer (clause 1 of article 556 of the Civil Code of the Russian Federation); DEBIT 01 CREDIT 08- 10,300,000 rubles. - the fixed asset is taken into account; DEBIT 60 CREDIT 76- 10,000,000 rubles. – the recourse claim of the bank is recognized; DEBIT 76 CREDIT 51- 10,000,000 rubles. - the obligation to the bank is repaid.What if the principal's expenses were ineffective? Let's say the company provided a bank guarantee to the organizer of the competition, but lost the competition. In this case, there is no asset. In accounting, the expense should be recognized:
DEBIT 91-2 CREDIT 76
- written off costs that did not produce results.
Income tax expense
The issuance of bank guarantees refers to banking operations (clause 8, article 5 of the Federal Law of December 2, 1990 No. 395-1 "On banks and banking activities").
Classification of expenses depends on the subject of the main transaction
The cost of paying for bank services can be taken into account:
a) as part of other expenses associated with production and sale (subclause 25 clause 1 article 264 of the Tax Code of the Russian Federation);
b) as part of non-operating expenses as expenses for carrying out activities not directly related to production and (or) sales ().
In any of the options, the date of the expenditure is determined on the basis of .
Which of the above articles should be preferred and what will be the difference? The decision must be made on the basis of the essence of a particular situation. Please note that non-operating expenses are recognized at a time in the full amount, that is, they are not subject to distribution over periods of time. This rule is set in .
This position is easy to challenge if the company has fulfilled its obligations to the beneficiary. After all, borrowing, that is, involving the funds of the guarantor in economic activity there was no principal with their subsequent return. And if the guarantor made a payment to the beneficiary and presented a recourse claim to the principal?
Just such a case is presented in example 2. There is a debt relationship with the bank. According to interest, any pre-declared (established) income received on a debt obligation of any type (regardless of the method of its registration) is recognized. Under these circumstances, the bank's fee is "tax" interest on the debt. And this is the third option for classifying expenses -. And the point here is not at all that the remuneration is set as a percentage of the principal's principal obligation.
Example 3 Let's use the conditions of example 2. The company repaid the arisen debt to the bank in two months. As of the date of attraction of funds from the guarantor bank, the refinancing rate was eight percent. Therefore, as part of income tax expenses, the principal company is entitled to take into account only 146,667 rubles (10,000,000 rubles x 8% x 1.1 x 2 months: 12 months).It turns out that the amount of expense depends on the period of existence of the debt to the bank. The conclusion suggests itself: an expense can be recognized no earlier than the principal completes the calculations for the amount of the obligation specified in the guarantee. The problem is that such an approach to determining the date of expenditure is not provided for by the Tax Code. The incorrectness of the letter No. 03-03-06 / 1/7 is precisely in this ...
However, in practice the situation is quite different. As a rule, the guarantee provides that from the moment the money is transferred to the beneficiary until the debt to the bank is repaid, the principal additionally (in addition to remuneration) pays interest at the agreed rate. The absence of such a condition does not encourage the principal to return the money to the guarantor. And the accounting treatment of such expenses does not cause controversy. They are indeed accepted in accordance with the norms. So example 3 is unrealistic. It should be supplemented with wiring:
DEBIT 91-2 CREDIT 76
- interest is accrued to the guarantor for the use of his funds (at the rate established by the bank guarantee).
As a result, letter No. 03-03-06/1/7 should not be challenged. You just need to understand that the recommendation contained in it is not universal. It refers to a special case, which example 3 explains. The author did not find arbitration practice on these issues.
note
Expenses are recognized in the reporting (tax) period in which these expenses arise based on the terms of transactions ().
A bank guarantee provides for two independent "stages": before and after the guarantor repays the obligation to the beneficiary. The remuneration for the first stage is set in a fixed amount, for the second - in the form of interest for the time the funds are used. Therefore, there are two types of expenses in tax accounting.
Guarantees for long-term obligations
The remuneration for a transaction with a guarantor refers to the period for which the guarantee is issued (). This period may cover more than one reporting (tax) period, when the guarantee ensures the fulfillment of the principal's obligations under a long-term agreement aimed at generating income. However, the relationship between the cost of the guarantee and the corresponding income of the principal company is indirect. This situation is covered.
Letter No. 03-03-06/1/4 of January 11, 2011 of the Ministry of Finance of the Russian Federation lists as a principal a company engaged in the construction of oil and gas complex facilities under a 2-year contract. The financiers pointed out that the costs in the form of a fee for the provision of a bank guarantee, acquired in order to ensure the fulfillment of obligations under the contract, must be accounted for evenly over the period for which it is acquired. A similar conclusion is contained in the letters of the Ministry of Finance of Russia dated July 19, 2012 No. 03-03-06 / 4/75 and the Federal Tax Service of Russia dated June 4, 2013 No. ED-18-3 / 606. It is noteworthy that not a word was said about the percentage nature of expenses in all the letters listed.
How to bring together tax and accounting
Is it possible to reflect in accounting the costs of a bank guarantee under long-term contracts on account 97 “Deferred expenses”?
Here you need to clearly understand the following. The costs of guaranteeing an independent asset do not form (paragraphs 7.2 and 7.2.1 of the Accounting Concept in the Market Economy of Russia, approved by the Methodological Council for Accounting under the Ministry of Finance of Russia and the Presidential Council of the IPA RF on December 29, 1997). But they can be accounted for as inventories as costs incurred in connection with upcoming work, and gradually transferred from account 97 to account 20 "Work in progress". It is this approach that paragraph 16 of PBU 2/2008 “Accounting under construction contracts” implies.
Example 4 The company acquired a bank guarantee for obligations related to the execution of a construction contract. The remuneration to the guarantor is 30,000 rubles, the guarantee period is equal to the contract period and is 6 months. The accountant reflects the current costs of performing work on account 20 “Main production”. He accepted the bank guarantee for accounting as part of deferred expenses under this agreement and writes off evenly as the work is completed: DEBIT 97 CREDIT 97- 30,000 rubles. - a bank guarantee is accepted for accounting; DEBIT 20 CREDIT 97- 5000 rub. (30,000 rubles : 6 months) - monthly warranty costs are included in the cost of construction work. In the balance sheet, the accountant will reflect the balances of accounts 20 and 97 in line 1210 “Inventories”.What if I bought a bank guarantee? trade company in order to ensure settlements under a real estate lease agreement? Regardless of the duration of the contract, the costs of the guarantee must be written off as expenses at a time (DEBIT 44 CREDIT 76). But in tax accounting, this amount must be distributed. How to act - will show an example.
Example 5 The tenant provided the landlord with a bank guarantee for the obligation to pay the rent on time for a period of five months. The remuneration to the bank amounted to 15,000 rubles. Three months later, because the principal lessee missed the due date, the bank made the payment to the beneficial lessor. Thus, the guarantee is terminated (subclause 1, clause 1, article 378 of the Civil Code of the Russian Federation). In accounting, the principal charged monthly rental costs to account 26 “General business expenses”. The remuneration for the bank guarantee should also be debited to the same account, but at a time: DEBIT 26 CREDIT 76- 15,000 rubles. – a bank guarantee that does not form an asset is recognized. In tax accounting, the expenses for the guarantee (subclause 25, clause 1, article 264 of the Tax Code of the Russian Federation) for the first three months were recognized monthly in the amount of 3,000 rubles (15,000 rubles: 5 months). The unfinished part of the remuneration in the amount of 6,000 rubles (15,000 rubles - 3,000 rubles x 3 months) the accountant will attribute to expenses at the time of the end of the guarantee.HOW DOES THE BENEFICIARY KEEP RECORDING
The participation of the guarantor in settlements does not give rise to special problems for the beneficiary creditor. It will not affect the taxation of profits in any way. And the accounting procedure is illustrated by another example.
Example 6 Let's use the conditions of example 2 again. But now consider the situation from the point of view of the seller. Suppose he uses the "simplified", and the property is listed in his composition of goods. The accountant will make the following entries: DEBIT 008- 10,000,000 rubles. - a bank guarantee was received to secure the buyer's payment under the real estate purchase and sale agreement; DEBIT 68 CREDIT 51- 15,000 rubles. - the state duty is transferred for state registration transactions; DEBIT 44 CREDIT 68- 15,000 rubles. - the duty is included in the sales costs; DEBIT 62 CREDIT 90 RUB 10,000,000 - reflects the debt of the buyer-principal; DEBIT 90 CREDIT 41- 8,000,000 rubles. - deregistration of the property; DEBIT 76 CREDIT 62- 10,000,000 rubles. - a demand was made to the guarantor bank for payment under the contract due to non-receipt of money from the buyer; DEBIT 51 CREDIT 76- 10,000,000 rubles. - payment received from the guarantor; CREDIT 008- 10,000,000 rubles. - the used guarantee was written off (subclause 1, clause 1, article 378 of the Civil Code of the Russian Federation).
reference
Bank guarantees are a very popular product among companies. Here are the real figures for some banks that issued bank guarantees in 2013 in the amount of:
RUB 10,000,000 – St. Petersburg branch of GLOBEXBANK (Vnesheconombank Group);
RUB 790,000,000 (including guarantees in US dollars and euros) – Irkutsk branch of VTB Bank;
RUB 3,600,000,000 – Penza branch of Sberbank
Accounting for a bank guarantee in accounting - postings for such an operation must be made in the accounting of each party bound by guarantee obligations. A bank guarantee has recently become widespread and is effectively used as insurance to reduce payment risks. Therefore, knowledge of the nuances of its accounting is also in demand. How to reflect the guarantee and the commission paid for it on the accounting accounts, we will tell in our material.
Principal, guarantor, beneficiary - distribution of rights and obligations when issuing a bank guarantee
A bank guarantee is a written promise by a credit institution to pay a company (bank or other credit institution) under an agreement, loan or debt security for a third party that has not fulfilled its obligations.
A bank guarantee is used in commercial activities as a risk insurance tool.
The three main definitions used in deciphering the term "bank guarantee" are presented below:
Each of these persons counts on certain bonuses when issuing a bank guarantee:
- the beneficiary is guaranteed to receive the agreed amount for any result of the transaction (even if the terms of the contract are not fulfilled or not fulfilled in full);
- the guarantor is paid a monetary reward for the service of providing a guarantee (for him this is a source of additional income);
- the principal is allowed to perform work under the contract or receives the desired asset.
Despite the fact that the principal bears the costs of paying a commission on a bank guarantee, in some cases issuing such a guarantee is the only way to get a long-term and profitable order.
On the basis of what documents the bank guarantee is reflected in the accounting?
According to accounting standards, all transactions reflected in the accounts must be supported by documents. It does not matter whether balance accounts are involved or off-balance.
Based on the rules of Ch. 23 of the Civil Code of the Russian Federation, the principal and the guarantor are not required to draw up a bank guarantee in a separate agreement. However, bankers do not trust the oral form of agreements and describe the nuances of relations with the principal in a separate document - an agreement on the issuance of a bank guarantee.
Such an agreement usually contains all the necessary data for which the beneficiary can make entries in his account (guarantee amount, validity period, etc.).
The guarantee can also be issued in electronic form. It is drawn up in the form of an electronic document, which has the same legal force as its paper counterpart. Documents are signed with an electronic signature, which gives legal force to the electronic document. If necessary, a paper version of the electronic guarantee can be requested from the bank.
The following materials will introduce you to the tax nuances of accounting for a bank guarantee:
- “Not every bank can act as a guarantor before the tax authorities”;
- "The bank guarantee is taken into account evenly for profit" .
What postings a bank guarantee is reflected in accounting, we will describe further.
The fact of receipt / issuance of a bank guarantee in the accounting of the principal and the beneficiary
To account for the value of a bank guarantee, the beneficiary has an off-balance sheet account 008 “Securities for obligations and payments received”. The received collateral is written off from the off-balance sheet as the debt is repaid. For each collateral received, the beneficiary must keep analytical records.
Regarding the reflection in accounting of a bank guarantee by the principal, there are two positions:
Position 1: the principal does not reflect the bank guarantee in his accounting.
Supporters of this position explain their point of view by the fact that the principal of a bank guarantee:
- receives not for himself, but for the beneficiary (his creditor);
- does not issue a guarantee (it is issued by the bank).
Consequently, there are no grounds for the principal to use off-balance accounts 008 “Securities for obligations and payments received” and 009 “Securities for obligations and payments issued” to account for a bank guarantee.
Position 2: The principal needs to show the bank guarantee off the balance sheet.
This approach allows:
- take into account the fact of changing the creditor in case of default by the principal (when the guarantor becomes the creditor instead of the beneficiary);
- reflect additional sanctions established by agreement with the guarantor (for example, special penalties for late performance of obligations to the guarantor).
The accuracy of assessment by external users of the financial statements of the state depends on how reliable the information on the bank guarantee reflected on the off-balance accounts accounts payable principal. Of particular importance is the reflection in the accounting of the principal of a bank guarantee in the event that the transaction is large and is subject to disclosure in the financial statements.
Find out what is considered a major deal by law
Postings in the accounting of the beneficiary and the principal in case of default
The principal is not always able to fulfill obligations to the beneficiary in a timely manner. In this case, the beneficiary may demand in writing from the guarantor the payment of the amount not received under the contract.
After receiving documents from the beneficiary and considering his claim for compliance with the terms of the issued guarantee, the guarantor makes a decision to pay the principal's debt (Articles 374-375 of the Civil Code of the Russian Federation).
After the claim is recognized by the guarantor, the beneficiary makes the following entries in the accounting:
The bank informs the principal:
- termination of the warranty;
- the need to reimburse the amount paid by the bank to the beneficiary under the guarantee.
Having received a notification from the bank, the principal reflects the recourse claims of the bank in his accounting. We will show what transactions are used to pay for a bank guarantee with an example.
LLC "Greenwich" issued a bank guarantee for a period of 1 month, but during this period failed to pay the seller of LLC "Corrida" the amount of 12,378,533 rubles provided for in the sales contract. The bank, which repaid this obligation for LLC Greenwich, demanded that it reimburse the amount paid.
There will be two postings in the principal's accounting:
To understand what postings are used to account for a variety of business transactions, publications will help:
- "Insurance premiums accrued - posting" ;
- "Personal income tax withheld - accounting entries" .
Example of transactions with the beneficiary: receipt and write-off of the guarantee
Consider an example that helps the beneficiary navigate the main entries in accounting.
Trading LLC purchased a batch of goods worth 1,693,461 rubles. on terms of deferred payment. The seller, PJSC Postavka, requested a bank guarantee as security for the obligation to pay.
Transactions with the beneficiary (PJSC "Supply") after receiving the guarantee and delivery of the goods:
The buyer did not pay for the goods within the period specified in the contract. Delivery PJSC sent a written notice to the bank about the need to pay the principal's debt under a bank guarantee, attaching the necessary documents.
After reviewing the documents and checking them, the bank transferred the money under the guarantee. The following entries were made in the accounting of PJSC "Supply":
If the buyer had repaid the debt for the goods on time, there would have been significantly fewer accounting entries in the accounting of the beneficiary. Everything would be limited to reflecting and writing off the received security on an off-balance sheet account.
What affects the accounting procedure for paying a commission for issuing a guarantee?
Issuing a guarantee is a paid service. The commission of a credit institution for issuing a guarantee can be set in different ways:
- in a fixed amount;
- as a percentage of the guarantee amount;
- in a different way.
In addition, the guarantor may establish additional conditions for paying the commission for issuing a bank guarantee. He may require the principal to pay the commission in a lump sum in the entire amount or to pay in installments during the term of the guarantee.
All this has an impact not only on the accounting procedure for this type of expenses, but also requires the principal to additionally work out his accounting policy (we will discuss this in the following sections).
What to consider when drawing up an accounting policy in 2019, find out in this publications .
Two types of transactions to reflect the bank guarantee commission when buying property
A supplier of expensive equipment or a seller of a building may require a bank guarantee when concluding a contract with a buyer. In the accounting of the buyer, the remuneration to the guarantor will be recognized as an expense. However, the accounting for this expense will be different depending on the moment at which it is carried out: before the registration of the purchased property or after it. In each case, its own set of accounting entries is applied to reflect the commission for issuing a bank guarantee.
- The remuneration to the guarantor was paid before the acquired property was reflected in the accounting accounts.
What postings are used to account for a bank guarantee with the principal in such a situation? The amount of remuneration to the guarantor is included in the cost of the acquired asset, since this expense is directly related to its acquisition (clause 6 PBU 5/01 “Accounting for inventories”, clause 8 PBU 6/01 “Accounting for fixed assets”).
For this case, the following set of postings applies:
The specified accounting scheme reflects the transactions for payment of a bank guarantee and for its reflection as part of accounts payable until the moment the money is transferred by the principal.
PJSC " Modern technologies» plans to purchase an office building worth RUB 150,364,199. LLC "Nedvizhimost +" As security for obligations, the buyer provided the seller with a bank guarantee.
Warranty conditions:
- remuneration to the bank (4% of the transaction amount) - 6,014,568 rubles. (150,364,199 rubles × 4%);
- warranty period - 1 month;
- the order of payment of the commission - at a time in the entire amount.
PJSC "Modern Technologies" paid a commission and bought the property from the seller. The following entries were made in the ledger:
accounting entries |
Amount, rub. |
||
Debit |
Credit |
||
6 014 568 |
Commission transferred to the guarantor bank |
||
6 014 568 |
The amount of remuneration to the guarantor is included in the cost of the building |
||
150 364 199 |
The cost of the building is included in non-current assets |
||
156 378 767 (150 364 199 + 6 014 568) |
The building is included in the property, plant and equipment of the principal |
We talk about the nuances of tax accounting for a bank guarantee in this article.
- The guarantee is issued after the value of the asset has been formed.
Here, accounting standards do not allow for the amount of the guarantor's fee to be included in the initial cost of the asset. Once the accounting value of the property is formed, it is not allowed to change it.
In such a situation, other expense is recognized and postings are made:
The situation is dangerous if the fee to the guarantor, paid before the initial cost of the asset is formed, is included in other expenses. This will cause a distortion of the value of property tax, which is calculated according to accounting data. Considering that from 2019 the value of movable property is excluded from the taxable base, the unlawful write-off of the guarantor's fee as part of other expenses will distort the property tax base if the buyer purchased the property.
What law abolished the tax on movable property in 2019, find out
Peculiarities of accounting policy and posting when reflecting remuneration to the guarantor under a loan agreement
The cost of paying a fee to the guarantor may be incurred by the borrower when the issuance of a guarantee is one of the conditions for obtaining borrowed funds. In such circumstances, it is required to take into account the rules of PBU 15/2008 "Accounting for expenses on loans and credits":
- according to paragraph 7, borrowing costs are classified as other expenses;
- according to paragraph 8, it is allowed to evenly recognize additional expenses on loans as part of other expenses during the period of the loan agreement.
How the borrower will write off additional expenses on loans, he must indicate in his accounting policy:
What postings are used in accounting in this case, see the figure below:
Whichever way the borrower chooses to reflect borrowing costs as a guarantor fee, the accounting accounts used will be the same.
Bank guarantee under a government contract: what type of expense and how to take into account?
If the fulfillment of obligations under a government contract (or government order) requires a bank guarantee, the amount of remuneration to the guarantor can be accounted for as:
- expenses for ordinary activities; or
- other expense.
Accounting for the guarantor's remuneration in a lump sum or gradually depends on the type of company's obligations secured by the guarantee:
Correspondence of accounts for accounting of remuneration to the guarantor is similar to the above described:
The materials of our website will introduce you to the nuances of concluding and executing state contracts:
- "Conclusion of a contract without limits on budgetary obligations" ;
- “Is it legal to pay UTII when selling goods under state and municipal contracts?” .
Results
For the beneficiary and the principal when reflecting a bank guarantee accounting entries used with the use of balance and off-balance accounts. The fact of receipt and write-off of the guarantee is recorded on the balance sheet. And when reflecting the costs of paying a commission for its issuance, the correspondence of accounts 51 “Settlement accounts” and 76 “Settlements with various debtors and creditors” is used. The cost of paying a fee to a bank for issuing a guarantee is reflected in the accounts depending on the type of asset for which it was issued. If the initial cost of the asset is not formed, and the commission is paid, its amount increases the initial cost. In other cases, the commission is accounted for as other expenses and reflected in accounting on account 91.2 “Other expenses”.
In the modern business world, business entities different shapes properties often use a financial instrument such as a bank guarantee to ensure the reliability of the transaction. By its nature, this variety loan product but cheaper than a regular loan.
This service is provided by banking institutions in accordance with treaty, at the same time interest is accrued or a commission is withdrawn in the form of a fixed amount. Accounting for the operation is displayed by the accountant of the enterprise on the balance sheet accounts.
What is this tool
bank guarantee represents an obligation of a bank or other credit institution, presented both in written and electronic form, to ensure that their client conditions under the agreement, contract, tender.
If they fail to comply certain conditions the financial institution pays the customer the amount of money indicated by the contract. This method of reducing risks for some types of transactions is an indispensable and important condition for cooperation.
There are 3 entities involved in this operation:
- guarantee incurring a contingent liability for consideration;
- principal- a person acting as the initiator of the issuance of an obligation and a debtor under the main agreement;
- beneficiary- the customer whose interests are protected in accordance with the contract.
The classification of guarantees is determined by the nature of the agreement. There are the following types:
- tender or competitive designed to reduce the risks of the client, if the winner of the tender refuses further cooperation for one reason or another;
- performance guarantee ensures the completeness and timing of the delivery of products or performance of work;
- advance acts as a guarantor for the return of previously paid payments if the conditions of this transaction, which relate to volumes or deadlines, are not met;
- tax used to secure obligations to this state structure.
There are also other types of guarantees. All of them are divided into revocable and irrevocable, come into force from the date of issue and close after the expiration date, only if the warranty case has not occurred.
Each such operation is necessarily reflected in the reports that are submitted to the regulatory authorities, so it is worth familiarizing yourself with their accounting in more detail.
Accounting for transactions related to warranties
In any company, transactions relating to bank guarantees received in documentary evidence or in electronic format must be reflected in the accounting records. This is what accounting does.
Postings are made upon receipt of primary documents such as a delivery note.
If the BG is issued in electronic form, then, guided by the Decree of the Supreme Arbitration Court No. 14 and using the SWIFT system, it is equated to a copy on paper.
At the same time, special attention is paid to the correct compilation of entries so that there are no problems when checking the submitted reports to the tax office.
How the received amounts of money from the guarantor at the beneficiary are taken into account
The list of operations related to the fulfillment of obligations by the guarantor is reflected in the accounting. The amounts of money received from him in favor of the beneficiary are held in accounts Dt.51 "Settlement accounts" And Kt.76 "Settlements with debtors and creditors", an additional mark is also made in a special book.
The principal, taking into account the type of obligation, the debt is reflected on account 62 “Settlements with buyers”, sch. or - "Financial investments".
The beneficiary must recognize the money received as revenue from the sale of products or services, since this payment is secured by a guarantee. All liabilities relating to interest are recorded by the beneficiary as non-operating income.
If the debtor fails to fulfill the obligations assumed, the beneficiary has to send a demand drawn up in writing to the guarantor for compensation of money in accordance with the contract. It tells you exactly what the violations were.
The amount of BG indicated in the contract is reflected in to the debit of account 008 “Securing payments and obligations received”. It is written off in stages when the cash debt is paid off.
With regard to accounting, the amounts paid by the principal in respect of the guarantee are accounted for in accordance with the following features.
In addition, the service regarding the issuance of a guarantee is considered as a type of banking operation, therefore, according to Federal Law No. 395-1, it is not taxed. If it is provided by an insurance company for taxable transactions, such a service is subject to mandatory VAT, is recorded and deductible. The amount of BG indicated in the agreement of the credit institution is taken into account as non-operating expenses.
Compensation to the guarantor
Accounting for BG is largely determined by the type of obligation. If this is, for example, a property acquisition transaction, then the bank guarantee provided by the buyer to the seller is related to the costs associated with its purchase. The costs also include interest on a loan issued for the purchase of property, commissions, various mark-ups and a number of other payments.
If the guarantee was issued before the assets were recognized, then the guarantor's fee relates to their actual cost. The operation is displayed by posting: debit accounts 01; 07; ; ; – credit account 76. Paid commission - debit account 76 - credit account 51.
If the guarantee is issued later than the actual value of the assets is established, the transaction is reflected in the entry: Dt 91.2 Kt 76.
If the guarantee was intended to secure debt obligations, then borrowing costs are charged to other costs when incurred or evenly over the duration of the contract.
The current tax legislation predetermines the submission of reports to the tax inspectorate, which reflects the costs related to the period of its actual issuance, and not during the payment of monetary amounts on it.
In tax accounting, the date of receipt of remuneration is considered the date of signing the agreement on issuing a guarantee to the client.
It follows that the reflection in accounting of guarantee documentation has some differences from operations in tax accounting. In it, remuneration is related both to other expenses associated with the release and sale of various products, and to those that have nothing to do with them.
One way or another, the enterprise must prescribe the formation of the cost of products. Accounting for a bank guarantee is reflected in accounting and tax accounting by an enterprise accountant.
Bank counter-guarantee and other important aspects
The process of issuing a bank guarantee is somewhat reminiscent of obtaining a loan or insuring any financial risk. Its accounting largely predetermines the goals for which it is involved.
In some cases, before issuing it, the bank asks the client to provide financial security in the form of a counter-guarantee. It's not uncommon associated with the issuance of securities subject to revaluation in future periods.
Accounting for guarantees of credit institutions, regardless of their classification, is carried out strictly in accordance with the requirements enshrined in legislative acts. At the same time, expenses denominated in monetary terms and intended to reward the guarantor can be reduced in income tax, provided that they are both economically justified and documented. Another important point if the guarantee was purchased to participate in the tender, the costs are taken into account even if the auction is lost.
The definition of a bank guarantee according to No. 44-FZ is presented in this video.
Obtaining a bank guarantee: how to reflect the receipt of a bank guarantee in the accounting records of an enterprise, whether it is necessary to receive it - read the article.
Question: The bank issued a bank guarantee to LLC in the amount of RUB 291,888.90. LLC transferred a commission for issuing a bank guarantee of 23,000.00 rubles. The warranty is valid until 01/25/2015. The bank guarantee contains the following essential conditions: bank guarantee type - irrevocable. Is it necessary to receive the bank guarantee itself and how to close it later and commission transactions.
Answer: The bank guarantee itself is not required. Since a bank guarantee is only a written obligation of the bank to pay the organization if its debtor does not fulfill the obligation. Those. at this moment, the counterparty does not receive anything “material”.
Answered by Alexander Sorokin,
recommendations ".
The issuance of a bank guarantee is recognized as a banking operation (clause 8, part 1, article 5 of the Law of December 2, 1990 No. 395-1). In accounting, the costs associated with paying for banking services are reflected as other expenses (clause 11 PBU 10/99). Therefore, upon receipt of a bank guarantee, the postings will be as follows:
Debit 91-2 Credit 76
The costs of paying for bank services (i.e. bank commission) are reflected.
Debit 76 Credit 51
The services of the bank have been paid (i.e. the bank commission has been written off).
Rationale
Civil Code of the Russian Federation. Part one:§ 6. Bank guarantee
Article 368. The concept of a bank guarantee
By virtue of a bank guarantee, at the request of another person (principal), a bank, other credit institution or insurance organization (guarantor) gives a written obligation to pay the principal's creditor (beneficiary) in accordance with the terms of the obligation given by the guarantor a sum of money upon presentation by the beneficiary of a written demand for its payment.
Article 370. Independence of a bank guarantee from the main obligation
The obligation of the guarantor to the beneficiary stipulated by the bank guarantee does not depend in the relations between them on the main obligation for the performance of which it was issued, even if the guarantee contains a reference to this obligation.
Article 371. Irrevocability of a bank guarantee
A bank guarantee cannot be revoked by the guarantor, unless it provides otherwise.
Article 372. Non-transferability of rights under a bank guarantee
The right of claim against the guarantor belonging to the beneficiary under a bank guarantee cannot be transferred to another person, unless otherwise provided in the guarantee.
How to reflect the payment of bank expenses in accounting
Depending on the type of transactions performed, the relationship between the bank and the organization (client) can be regulated by:
- bank account agreement Art. 845 GK RF);
- bank deposit agreement Art. 834 GK RF);
- loan agreement ( Art. 819 GK RF);
- other agreements that fix the terms of these relationships (for example, a financing agreement against the assignment of a monetary claim (factoring)).
Within the framework of the concluded agreements, banks have the right to:
- open and maintain bank accounts of organizations;
- engage in settlement and cash services (make payments on behalf of organizations (including using the Bank-Client system), carry out collection, issue cash, etc.);
- buy and sell foreign currency (in cash and non-cash forms);
- issue loans (open credit lines), provide guarantees, bank guarantees;
- take into trust cash and other property;
- rent special premises (safes, cells) for storing documents and valuables;
- conduct leasing operations (as a rule, as a lessor);
- provide other services to clients.
A complete list of banking operations is given in article 5 Law of December 2, 1990 No. 395-1.
For servicing organizations, banks charge them a fee (commission) in accordance with the terms of the concluded agreements. The bank deducts the payment for its services from the account of the organization and draws up a bank order. Such write-off can be carried out with prior consent (acceptance) and without the consent of the payer ( P. 9.3 Regulations approved Bank of Russia 19 June 2012 No. 383-P).
In accounting, the costs associated with paying for banking services, reflect as part of other expenses ( P. 11 PBU 10/99 ). Depending on the terms of the contract on the date of recognition of expenses, make a posting:
Debit 91-2 Credit 76 (60)
- reflects the costs of paying for bank services (banking commission).
Reflect the actual write-off of the amount of expenses from the current account by posting:
Debit 76 (60) Credit 51
- bank services are paid (bank commission is written off).
In the same order, the costs associated with the installation and maintenance of the "Bank-Client" system are taken into account ( P. 18 PBU 10/99 ).
There are features in the accounting of this type of bank expenses, such as interest on loans provided to organizations. For example, interest on a loan taken for the acquisition (construction) of investment assets general rule need to included in their initial cost . Small business entities(except for issuers of publicly placed securities) all interest on loans and borrowings (including those raised for the purchase, construction or creation of investment assets) may be included in other expenses. .
Situation: How to take into account the costs of paying a bank guarantee when calculating income tax
If obtaining a bank guarantee is a prerequisite for the organization's activities, include such costs in other costs associated with production and sales. Otherwise, such expenses are recognized as non-operating.
A bank guarantee is an obligation of a bank to transfer a certain amount of money to a counterparty (creditor) of an organization upon presentation of a demand for payment ( Art. 368 GK RF). For issuing a guarantee, the organization must pay a fee to the bank ( P. 2 tbsp. 369 GK RF). The issuance of a bank guarantee is recognized as a banking operation ( P. 8 o'clock 1 st. 5 Law from 2 December 1990 No. 395-1 ).
Chapter 25 of the Tax Code of the Russian Federation provides for two options for accounting for the costs of paying for banking services:
- as part of other expenses related to production and sale ( sub. 25 p. 1 st. 264 NK RF);
- as part of non-operating expenses ( sub. 15 p. 1 st. 265 NK RF).
Remuneration for issuing a bank guarantee can be included in the composition of other expenses associated with production and sale, if its receipt is a prerequisite for the organization's activities. For example, organizations that are engaged in tour operator activities are required to have a bank guarantee (or a tour operator liability insurance contract) due to the requirements of federal law ( Art. 17.1 of the Law of 24 November 1996 No. 132-FZ). In such cases, it is necessary to take into account the costs of acquiring a bank guarantee on the basis of subparagraph 25 paragraph 1 of Article 264 of the Tax Code of the Russian Federation.
If the payment of a bank guarantee is not a prerequisite for the organization's activities, the organization can take into account the costs associated with its receipt on the basis of subparagraph 15 paragraph 1 of Article 265 of the Tax Code of the Russian Federation. For example, this should be done if the need to obtain a bank guarantee is caused by the terms of the concluded agreement or the rules for holding a tender (competition) in which the organization participates.
Similar explanations are contained in the letters of the Ministry of Finance of Russia from 16 December 2010 No. 03-03-06/2/214 , from 16 January 2008 No. 03-03-06/1/7 . share this position and arbitration courts(see, for example, the decisions of the Federal Antimonopoly Service of the Volga District from 13 March 2007 No. А12-11353/06-С60 And from 16 November 2006 No. А12-7809/06-С51-5/38).
If the amount of remuneration (commission) to the bank for issuing a bank guarantee is taken into account as part of other or non-operating expenses, then it must be included in the calculation of the tax base evenly throughout the guarantee period, regardless of the established payment schedule (one-time payment, quarterly, etc.). This conclusion follows from the provisions item 1 Article 272 of the Tax Code of the Russian Federation and letters from the Ministry of Finance of Russia 11 January 2011 No. 03-03-06/1/4 .
In some cases, the financial department recommends that the cost of paying for a bank guarantee be included in the initial cost of the property being acquired. For example, this should be done if the bank guarantee provided:
- return of borrowed funds attracted for the purchase of fixed assets;
- payment for inventory items shipped by the supplier with the condition of deferred payment.
Chief Accountant advises: given that the procedure for tax accounting for the costs of acquiring bank guarantees is not clearly regulated, the organization can determine it independently and fix it in the accounting policy for tax purposes.
If any costs with equal justification can be simultaneously attributed to several groups of expenses, the organization has the right to independently include them in one of these groups. Doing so allows the rules paragraph 4 Article 252 of the Tax Code of the Russian Federation. Decision should be reflected in the accounting policy for tax purposes. Some courts recognize that the organization has the right to determine the procedure for tax accounting of expenses for paying for banking services independently (see, for example, Resolution of the Federal Antimonopoly Service of the East Siberian District of 2 May 2006 No. А33-21067/05-Ф02-1877/06-С1).
Regardless of the accounting method chosen, the costs of paying for a bank guarantee must be economically justified and documented ( P. 1 st. 252 NK RF). Documentary evidence of such expenses can serve as:
- an agreement between the organization and the counterparty, which specifies the requirement to obtain a bank guarantee;
- an agreement on the provision of a bank guarantee concluded with the bank.
Answered by Alexander Sorokin,
Deputy Head of the Operational Control Department of the Federal Tax Service of Russia
“CCP should be used only in cases where the seller provides the buyer, including its employees, with a deferral or installment plan for paying for their goods, works, services. It is these cases, according to the Federal Tax Service, that relate to the provision and repayment of a loan to pay for goods, work, and services. If an organization issues a cash loan, receives a return of such a loan, or itself receives and repays a loan, do not use the cash desk. When exactly you need to punch a check, look at