TAX RISKS SLOVE BY GREYSTONE-UK

 TAX RISKS

Let's consider what situations the lessor and lessee may face, as well as analyze the tax risks.

1 - THE ORIGINAL COST OF THE OBJECT IS INDICATED INCORRECTLY

The initial cost of the leased object is established by the lessor in accordance with the requirements of paragraph 1 of Art. 257 of the Tax Code of the Russian Federation. This means that the lessor has theright to include in the initial cost of the leased asset the number of expenses for its acquisition, delivery, manufacture, and bring to a condition suitable for use. An exception is taxes reimbursed from the budget or recognized as expenses in accordance with the Tax Code of the Russian Federation (Letter of the Ministry of Finance of Russia dated 20.04.2016 No. 03-03-06 / 1/22656).

The procedure for the formation of the initial cost of the leased asset, if it is recorded on the balance sheet of the lessee, is not defined. Depreciation is calculated on the basis of the information specified by the lessor in the transfer and acceptance certificate of the property, or in the lease agreement, or in an additional agreement to it. 

In practice, it happens that delivery services are paid for by the lessee. Can he increase the initial value of the leased asset for these expenses, if the object is on his balance sheet? No, he can not. The lessee's expenses for the delivery of the object are not included in the original cost. Such costs are included in other costs associated with production and sale, subject to their compliance with clause 1 of Art. 252 of the Tax Code of the Russian Federation. A similar conclusion is indicated in the Letter of the Ministry of Finance of Russia dated 03.02.2012 No. 03-03-06 / 1/64.

2 - LACK OF ECONOMIC SENSE

If the lessor and the lessee have the same founder, then the transactions between them will be checked with special care. If it is proved that the purpose of the transaction was to lower taxes, then additional charges cannot be avoided. The economic meaning of the operation is important (Letter of the Ministry of Finance of Russia in a letter dated 18.08.2010 No. 03-03-06 / 1/555).

3 - CHANGING THE ACCELERATED DEPRECIATION RATE

As mentioned above, depreciation on the leased property is charged on an accelerated basis using a special coefficient. The calculation is based on the basic depreciation rate, as well as taking into account a special coefficient.

It is a right, not an obligation, to apply a custom factor. If the taxpayer uses such a right, then this must be recorded in the accounting policy. It is impossible to change the value of the coefficient during the period of amortization of leased property (Letter of the Ministry of Finance of Russia dated 11.02.2011 No. 03-03-06 / 1/93).

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