Tax Accountants Walsall

 

INCOME TAX

Lease payments for property transferred under a lease the agreement can be taken into account when calculating income tax as other costs associated with production and (or) sales (subparagraph 10, clause 1 of article 264 of the Tax Code of the Russian Federation, Letter of the Ministry of Finance of Russia dated 24.12.2018 No. 03-03-06 / 1/94088). For documentary evidence of expenses in the form of lease payments, it is necessary to have documents drawn up in accordance with the requirements of the legislation of the Russian Federation. Moreover, the costs must be reasonable, that is, economically justified (clause 1 of article 252 of the Tax Code of the Russian Federation).

If the leased asset is accounted for on the balance sheet of the lessee, then lease payments are recognized as its expenses less the amount of depreciation on the property received on the lease. When calculating depreciation, one should be guided by Art. 259-259.3 of the Tax Code of the Russian Federation.

In accordance with sub. 1 p. 2 art. 259.3 of the Tax Code of the Russian Federation, a special coefficient can be applied to leased property, but not higher than 3. At the same time, tax legislation restricts its use. So, it does not apply to property from the first - third depreciation groups.

A special coefficient can cause the excess of depreciation over the lease payment. In such a situation, Tax Accountants Walsall (in the month of excess) will be taken into account in tax expenses. If on the contrary, the difference between the lease payment and the amount of depreciation is included in income tax expense based on the sub. 10 p. 1 art. 264 of the Tax Code of the Russian Federation.

Lease payment> amortization amount

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Value> 0

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The difference between the lease payment and the depreciation amount is included in income tax expense on the basis of sub. 10 p. 1 art. 264 Tax Code

If the object is fully depreciated, and lease payments continue to be paid, then they can also be recognized in income expenses on the basis of sub. 10 p. 1 art. 264 of the Tax Code of the Russian Federation (less the redemption value). As for the redemption value, it is indicated in the contract or, at least, in the supplementary agreement, if, according to the terms of the transfer of property, the subsequent transfer of ownership is provided.

The lessee's expenses in the form of the redemption price form the initial value of the object upon transfer of ownership of the property to the lessee. At the same time, payment towards the repayment of the redemption price until the moment when the ownership was transferred to the lessee is considered for the purpose of calculating income tax as advances (Letters of the Ministry of Finance of Russia dated 05.17.2019 No. 03-03-07 / 35556, dated 15.04.2019 No. 03-03-06 / 1/26677, dated 18.02.2019 No. 03-03-06 / 1/10341, dated 28.01.2019 No. 03-03-06 / 1/4571, dated 06.11.2018 No. 03-03-06 / 2/79754).

For the lessor, the expenses are the cost of acquiring the property being leased. If the object, according to the terms of the contract, continues to be listed on its balance sheet, then the depreciation is calculated by the lessor.

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