According to the rules of PBU 10/99, as the cost of maintaining the developer’s service (clause 5 of PBU 10/99). The developer recognizes all costs in the periods in which they arose (clauses 16-18 of PBU 10/99). Accounting for these expenses is usually kept on account 26 “General business expenses”, to the debit of which are written off the direct and indirect expenses of the developer himself associated with the provision of services to the investor:

Debit 26 Credit 02 (10, 23, 25, 68, 69, 70, 76, 60...)
- the developer's expenses for organizing construction are reflected.

As revenue recognition expenses accumulated on the debit of account 26 are written off to the debit of account 90-2 to determine the financial result (clause 9 of PBU 10/99). The write-off of sales expenses is reflected by the posting:

Debit 90-2 Credit 26
- the cost of the developer’s services is taken into account as expenses.

In addition to accounting for its own costs, the developer must keep separate records of all expenses associated with the construction of the facility (clause 1.4 of the Regulations, approved by letter of the Ministry of Finance of Russia dated December 30, 1993 No. 160).

The developer organizes accounting of costs for the construction of the facility on account 08-3 “Construction of fixed assets”. In this account, it is recommended to group all expenses according to a specific technological cost structure estimate documentation(for example, costs for construction works, equipment installation work, purchase of equipment, etc.) (clause 3.1.1 of the Regulations approved by letter of the Ministry of Finance of Russia dated December 30, 1993 No. 160).

Costs for the construction of an object are reflected as they arise and are accumulated in the debit of account 08-3 on an accrual basis from the beginning of construction. In this case, the developer makes the following entries:

Debit 08-3 Credit 60
- the cost of work performed by the contractor is taken into account as part of construction costs;

Debit 19 Credit 60
- the VAT presented by the contractor is taken into account.

Upon completion of construction, the developer transfers to the investor the object built by the contractors. He reflects this operation in accounting with the following entries:

Debit76 subaccount “Settlements with investors” Credit 08-3
- the constructed facility was transferred to the investor (in terms of the cost of work performed excluding VAT);

- the constructed facility was transferred to the investor (in terms of the “input” VAT presented by the contractors on the basisconsolidated invoice (letter of the Ministry of Finance of Russia dated October 18, 2011 No. 03-07-10/15).

An example of how expenses under a construction investment agreement are reflected in a developer’s accounting. The developer carries out construction by contract method. The contract for investment in construction is short-term in nature

In July, LLC “Production Company “Master”” (investor) entered into an agreement for the construction of the facility with CJSC “Alfa” (developer). Based on the agreement, “Alpha” organizes the construction of a warehouse for “Master” by contract. According to the approved estimate, the cost of the project is 11,800,000 rubles. (including VAT - RUB 1,800,000). The cost of the developer's services is RUB 1,180,000. (including VAT - 180,000 rubles), cost of contract work - 10,620,000 rubles. (including VAT - RUB 1,620,000).

In August, “Master” transferred to “Alfa” an advance in the amount of 100 percent of the total amount of the investment agreement. In the same month, Alpha entered into an agreement with the contractor for the construction of the facility and transferred 10,620,000 rubles to him as an advance payment. (including VAT - RUB 1,620,000).

In September, the contractor completed construction of the warehouse and handed it over to the developer. In the same month, the developer handed over the constructed facility to the investor.

Alpha’s actual expenses for organizing the construction of the facility for the period from July to September amounted to 600,000 rubles, including:

• material costs - 180,000 rubles. (July - 20,000 rubles, August - 90,000 rubles, September - 70,000 rubles);

• depreciation - 60,000 rub. (monthly 20,000 rubles);

• salary with contributions to pension (social, medical) insurance - 350,000 rubles. (July - 80,000 rubles, August - 160,000 rubles, September - 110,000 rubles);

• other expenses - 10,000 rubles. (July - 6000 rubles, August - 1000 rubles, September - 3000 rubles).

In Alpha's accounting, transactions related to the execution of the investment agreement are reflected as follows.

In July:

- 126,000 rub. (RUB 20,000 + RUB 20,000 + RUB 80,000 + RUB 6,000) - reflects the developer’s expenses for organizing construction for July.

In August:

Debit 51 Credit 76 subaccount “Settlements with investors”
- 11,800,000 rub. - funds were received for the construction of the facility;

Debit 76 subaccount “Settlements with investors” Credit 62 subaccount “Settlements on advances received”
- 1,180,000 rub. - the cost of the developer’s services was allocated as an advance payment from funds received from the investor;

Debit 76 subaccount “Calculations for VAT on advances received” Credit 68 subaccount “Calculations for VAT”
- 180,000 rub. (RUB 1,180,000 × 18/118) - VAT is charged on the prepayment amount;

Debit 60 Credit 51
- 10,620,000 rub. - prepayment to the contractor according to the contract for the construction of the facility is transferred;

Debit 26 Credit 02 (10, 70, 69)
- 271,000 rub. (90,000 rubles + 20,000 rubles + 160,000 rubles + 1000 rubles) - reflects the developer’s expenses for organizing construction for August.

In September:

Debit 08-3 Credit 60
- 9,000,000 rub. - completed work on the construction of the facility was accepted from the contractor (excluding VAT);

Debit 19 Credit 60
- 1,620,000 rub. - reflects the amount of VAT on construction work presented by the contractor;

Debit 62 subaccount “Settlements with investors” Credit 90-1
- 1,180,000 rub. - revenue from the sale of services provided by the developer is reflected;

Debit 90-3 Credit 68 subaccount “VAT calculations”
- 180,000 rub. (RUB 1,180,000 × 18/118) - VAT is charged on the cost of the developer’s services;

Debit 68 subaccount “Calculations for VAT” Credit 76 subaccount “Calculations for VAT from advances received”
- 180,000 rub. - VAT accrued on prepayment is accepted for deduction;

Debit 26 Credit 02 (10, 70, 69)
- 203,000 rub. (RUB 70,000 + RUB 20,000 + RUB 110,000 + RUB 3,000) - reflects the developer’s expenses for organizing construction for September;

Debit 90-2 Credit 26
- 600,000 rub. (RUB 126,000 + RUB 271,000 + RUB 203,000) - the developer’s expenses for organizing construction during the construction period were written off;

Debit 76 subaccount “Settlements with investors” Credit 08-3
- 9,000,000 rub. - the transfer of the constructed facility to the investor is reflected (based on the acceptance certificate for the constructed facility);

Debit 76 subaccount “Settlements with investors” Credit 19
- 1,620,000 rub. - the transfer of VAT on contract work to the investor is reflected;

Debit 62 subaccount “Settlements on advances received” Credit 62 subaccount “Settlements with investors”
- 1,180,000 rub. - the received advance is offset against payment for the developer’s services.

Accounting: attracting a technical customer

The developer may engage for partial or full performance of its functions technical customer . The developer reflects the services of the technical customer as its expenses for providing services to the investor in organizing construction. To reflect these expenses, use account 26 “General business expenses”.

At the same time, make the following entries in accounting:

Debit 26 Credit 60
- costs under the contract with the technical customer related to the performance of the functions of the developer were written off;

Debit 19 Credit 60
- VAT presented by the technical customer is taken into account;

Debit 68 subaccount “VAT calculations” Credit 19
- accepted for deduction of VAT presented by the technical customer.

Accounting: in-house construction

If the developer is building an object on our own, then he performs the functions of a contractor and his own expenses for construction work reflected in accounting in the same manner as the contractor . Then the developer writes off these expenses from the credit of account 20 to the debit of account 08.

When calculating taxes, the procedure for accounting for expenses under an investment agreement in the construction of a facility depends on the taxation system that the developer uses.

BASIC: income tax

The procedure for calculating taxes when providing developer services under a construction investment agreement depends on the method of performing construction and installation work:

• with the involvement of a contractor;

• on your own.

In the contract construction method, when calculating income tax, the developer has the right to reduce his income under the investment agreement by the amount of expenses associated with providing the investor with services for organizing construction (subclause 1, clause 3, article 315 of the Tax Code of the Russian Federation).

Consider the costs of maintaining the developer’s service in accordance with the general procedure provided for tax accounting expenses. For more information, see:

• How to take into account when calculating income tax income and expenses from the sale of manufactured products (works, services) ;

• How to take into account expenses related to several reporting periods when calculating income tax .

In addition, when funds for targeted financing are received from an investor, the developer is obliged to ensure separate accounting of expenses incurred from these funds from other expenses of the organization (subclause 14, paragraph 1, article 251 of the Tax Code of the Russian Federation). For more information, see . Such expenses do not reduce the taxable profit of the developer (Clause 17, Article 270 of the Tax Code of the Russian Federation).

BASIS: VAT

The amount of “input” VAT presented when providing services to the developer, deduct in a generally established manner. That is, after the asset is registered, in the presence of an invoice and relevant primary documents (in addition, the other conditions necessary for applying the deduction) (subclause 1, clause 2, article 171 and clause 1, article 172 of the Tax Code of the Russian Federation).

When building on its own, the developer performs the functions of a contractor and calculates taxes in the same manner as the contractor .

simplified tax system

When using the contract construction method, determine the tax base for the single tax in the following order.

If a developer pays a single tax on income, then the taxable base is his revenue received from the provision of services (clause 1 of Article 346.18 of the Tax Code of the Russian Federation).

If the developer pays a single tax on the difference between income and expenses, then the taxable base will be the difference between the revenue received from the provision of services and the expenses associated with this activity (clause 2 of Article 346.18 of the Tax Code of the Russian Federation). In this case, the developer has the right to take into account only those expenses that are named in paragraph 1 of Article 346.16 of the Tax Code of the Russian Federation. For more information on the procedure for accounting for expenses during simplification, see What expenses should be taken into account when calculating the single tax on the simplified tax system? .

In addition, when funds for targeted financing are received from the investor, the developer is obliged to ensure separate accounting of expenses incurred at the expense of these funds (subclause 1, clause 1.1, article 346.15, subclause 14, clause 1, article 251 of the Tax Code of the Russian Federation). For more information, seeHow to reflect non-state targeted financing in accounting . Such expenses do not reduce the tax base for the single tax (clause 17 of Article 270 of the Tax Code of the Russian Federation).

UTII

The object of UTII taxation is imputed income (clause 1 of Article 346.29 of the Tax Code of the Russian Federation). The activities carried out by the developer within the framework of the investment agreement are not transferred to UTII (Clause 2 of Article 346.26 of the Tax Code of the Russian Federation). If an organization pays UTII, then the provision of developer services under a construction investment agreement will not affect the calculation of this tax. Payers of UTII calculate this tax based on imputed income (clause 1 of Article 346.29 of the Tax Code of the Russian Federation).

Calculate taxes on the activities of the developer under the investment agreement in accordance with or taxation system.

OSNO and UTII

The activities of the developer in organizing construction do not relate to the types of activities that are transferred to the payment of UTII (clause 2 of Article 346.26 of the Tax Code of the Russian Federation). Therefore, the developer must take into account the costs associated with providing construction organization services to the investor in accordance with .

Please explain how to register transactions under an investment agreement in the accounting department. What transactions does the Developer and the Investor make? At what stage should incoming VAT registered in the Developer's organization from Subcontractors be re-invoiced? Is it obligatory to present the amount of remuneration upon completion of investment construction?

Accounting for the investor and developer is presented below.

VAT collected from contractors is presented to the investor upon completion of construction based on a consolidated invoice. The investor accepts tax deduction upon receipt of this invoice, as well as the acceptance certificate of the constructed facility, when reflecting the construction results in accounting and provided that the facility will be used in activities subject to VAT. More details in recommendation No. 1.

The amount of the developer's remuneration is determined by the terms of the contract. For example, the contract can establish the following methods for determining remuneration:

The rationale for this position is given below in the materials of the System Glavbukh VIP version

In accounting, each transaction involving the transfer of funds (investment contribution) to the developer is reflected by the attracted investor by posting:

– funds are transferred to the developer for the construction of the facility.

Upon completion of construction, the investor accepts the object from the customer according to the acceptance certificate. For more information, see How a developer prepares documents to transfer a property to an investor.

The procedure for recording an object accepted by an investor in accounting depends on the nature of its further use:

An object intended for its own needs, which meets the criteria of clause 4 of PBU 6/01, is accepted by the investor for accounting as a fixed asset at its original cost (clause 7 of PBU 6/01).

The investor forms the initial cost of the object taking into account all the costs associated with its construction and bringing it to a condition suitable for use (clause 8 of PBU 6/01).

In particular, the investor includes in the initial cost of the property:

To reflect the costs associated with the construction of the facility, the investor uses account 08-3 “Construction of fixed assets”. Operations related to the acceptance of a constructed facility for accounting are reflected by the following entries:

– VAT is reflected on the constructed facility based on the invoice (consolidated invoice) received from the developer;

– accepted for deduction of VAT on the constructed facility;

Debit 08-3 Credit 60 subaccount “Settlements with the developer for construction organization services”
– reflects the amount of remuneration due to the developer;

Debit 08-3 Credit 23 (25, 26, 60, 68, 70, 76...)
– reflect other costs associated with bringing the constructed facility to a state suitable for use;

Debit 19 Credit 60
– VAT is reflected on the developer’s remuneration and other costs associated with bringing the property to a condition suitable for use;

Debit 68 subaccount “VAT calculations” Credit 19
– accepted for deduction of VAT on the developer’s remuneration and other costs associated with bringing the object to a condition suitable for use.

The investor reflects a construction project that is completely ready for operation on account 01 “Fixed assets” or account 03 “Income-generating investments in material values"(for example, if the investor plans to rent out the constructed facility). In accounting, the investor reflects this transaction by posting:

Debit 01 (03) subaccount “Fixed asset in operation” Credit 08-3
– the constructed facility is accepted for accounting and put into operation at its original cost.

To fill out the act, use data from the primary accounting documents and technical documentation attached to the investment contract for construction.

Simultaneously with drawing up the act of acceptance and transfer of the building (structure), fill out the inventory card in one copy. Compose the card in any form, taking into account the requirements of Part 2 of Article 9 of Law No. 402-FZ of December 6, 2011, or use the unified form No. OS-6 (No. OS-6a). Small businesses can use an inventory book in form No. OS-6b. This follows from the provisions of Part 4 of Article 9 of the Law of December 6, 2011 No. 402-FZ. Draw up an inventory card on the basis of the act and primary documents.

This procedure is provided for in paragraph 12 Guidelines, approved by order of the Ministry of Finance of Russia dated October 13, 2003 No. 91n.

Attention: untimely execution of primary documents for accounting of fixed assets is recognized as a gross violation of the rules for accounting for taxable items. Responsibility for it is provided for by the Tax Code of the Russian Federation.

If such violations were committed during one tax period, tax office has the right to fine the organization in the amount of 5,000 rubles. If violations are detected in different tax periods, the fine will increase to 15,000 rubles.

Violations that lead to an understatement of the tax base will entail a fine of 10 percent of the amount of each unpaid tax, but not less than RUB 15,000.

Behind incorrect registration primary documents for accounting of fixed assets do not provide for tax liability (Chapter 16 of the Tax Code of the Russian Federation).

An example of reflecting construction investment transactions in accounting. The investor finances the construction of the facility for his own needs

OJSC “Production Company “Master”” (investor) and CJSC “Alfa” (developer) entered into an investment agreement dated July 13, 2011 No. 18 for the construction of an office center intended for rental. The cost of the investment project is 59,000,000 rubles. (including VAT – RUB 9,000,000). Construction financing is carried out in three payments:

In January 2013, construction of the office center was completed. In the same month, Alpha transferred the constructed facility to Master under an acceptance certificate. In February 2013, Master registered ownership of the office center and put it into operation.

To reflect transactions with the developer, the “Masters” accountant uses the subaccount “Settlements with the developer” opened for account 76.

In the accounting of “Master”, construction investment operations are reflected in the following entries.

In August 2011:

Debit 76 subaccount “Settlements with the developer” Credit 51
– 23,000,000 rub. – the first payment was made to the developer for the construction of the office center.

In January 2012:

Debit 76 subaccount “Settlements with the developer” Credit 51
– 16,000,000 rub. – the second payment was transferred to the developer for the construction of the office center.

In August 2012:

Debit 76 subaccount “Settlements with the developer” Credit 51
– 20,000,000 rub. – the third payment was transferred to the developer for the construction of the office center.

In January 2013:

Debit 08-3 Credit 76 subaccount “Settlements with the developer”
– 50,000,000 rub. – an office center was accepted from the developer;

Debit 19 Credit 76 subaccount “Settlements with the developer”
– 9,000,000 rub. – VAT issued by the developer is reflected in the consolidated invoice;

Debit 68 subaccount “VAT calculations” Credit 19
– 9,000,000 rub. – accepted for deduction of VAT on the constructed building.

In February 2013:

Debit 68 subaccount “State duty” Credit 51
– 15,000 rub. – the state duty for registering ownership of the constructed office center is transferred;

Debit 08-3 Credit 68 subaccount “State duty”
– 15,000 rub. – the initial cost of the office center was increased by the amount of the state duty for registering property rights;

Debit 03 subaccount “Fixed assets in operation” Credit 08-3
– 50,015,000 rub. (RUB 50,000,000 + RUB 15,000) – the office center was put into operation.

The investor takes into account a construction project intended for sale in the following order.

After receiving the property from the developer, the investor accepts it for accounting at the acquisition cost (clause 13 of PBU 5/01). The investor reflects transactions related to the acceptance of an object for accounting by postings:

Debit 08-3 Credit 76 subaccount “Settlements with the developer”
– the completed facility has been accepted from the developer;

Debit 19 Credit 76 subaccount “Settlements with the developer”
– reflected “input” VAT on the constructed facility based on the invoice (consolidated invoice) received from the developer;

Debit 68 subaccount “VAT calculations” Credit 19
– “input” VAT on the constructed facility is accepted for deduction;

Debit 43 Credit 08-3
– an object intended for sale has been registered.

In addition, a completed construction project requires registration of ownership rights to it. Also include the amount of the state duty for state registration in the initial cost of the object (clause 6 of PBU 5/01). Reflect this operation with wiring:

Debit 43 Credit 68 subaccount “State duty”
– the state duty for registering ownership of a construction project intended for sale is taken into account.*

BASIS: VAT

If the object is intended for use in transactions subject to VAT, the “input” VAT on the developer’s remuneration, as well as on work (services) related to bringing the construction project to a state suitable for use, the investor can deduct on a general basis (clauses and Article 171, paragraph and Article 172 of the Tax Code of the Russian Federation). If the object will be used in operations exempt from VAT, take into account the amount of tax in the cost of the goods (the initial cost of the fixed asset) (clause 2 of Article 170 of the Tax Code of the Russian Federation).

If, after accepting VAT for deduction, an item of fixed assets is used in operations not subject to VAT, restore the tax accepted for deduction (subclause 2, clause 3, article 170 of the Tax Code of the Russian Federation). For information on the procedure for restoring VAT, see How to restore “input” VAT previously accepted for deduction.

Situation: How can an investor deduct “input” VAT on expenses associated with the construction of an object?

The answer to this question depends on how the developer builds the property in order to fulfill the investment agreement with the investor.

If the developer builds the facility on his own, then he performs the functions of a contractor. In this case, the investor can accept “input” VAT on construction work performed by the developer for deduction on a general basis (clause and article 171, clause and article 172 of the Tax Code of the Russian Federation), based on invoices received from the developer on cost of work performed.

If the developer is constructing a facility using a contract method, then some features should be taken into account.

In order for an investor to claim input VAT on construction for deduction, he must take into account the constructed facility. Along with this, other conditions required for deduction must be met. This procedure follows from paragraphs and Article 171, paragraphs and Article 172 of the Tax Code of the Russian Federation.

In addition, the investor must have primary documents and invoices issued not only by the developer, but also by the contractor (Clause and Article 172 of the Tax Code of the Russian Federation). The procedure for transferring “input” VAT on contract work from the developer to the investor is not regulated by law. Therefore, organizations should be guided by the recommendations contained in letters of the Ministry of Finance of Russia dated December 5, 2008 No. 03-07-09/40, dated May 24, 2006 No. 03-04-10/07 and. These recommendations are as follows.

During the construction process, the developer collects invoices from contractors and suppliers for work performed (materials purchased, services provided), registering them in his journal of received invoices, without registering them in the purchase book.

After construction is completed (within five days after transfer of the property to the investor), the developer prepares a consolidated invoice for the cost of construction and transfers it to the investor along with copies of invoices received from contractors and suppliers, primary documents and payment documents . The investor registers consolidated invoices in the purchase book (paragraph 3 of clause 20 of the Rules, approved by Decree of the Government of the Russian Federation on December 26, 2011 No. 1137).

When constructing by contract, the investor accepts “input” VAT for deduction at the moment when the results of the work performed will be reflected in accounting. Deduct VAT if you have a consolidated invoice and an acceptance certificate for the finished object (paragraph 1, paragraph 6, article 171, paragraph and article 172 of the Tax Code of the Russian Federation, letter of the Ministry of Finance of Russia dated November 21, 2008 No. 03-07 -10/11, Federal Tax Service of Russia dated September 7, 2009 No. 3-1-11/708).*

Oleg Horoshiy

If a developer builds an object by contract, then he performs only the functions of a developer. From the investor he receives cash:

Account for funds for financing construction in a separate subaccount to account 76, for example, “Settlements with investors.” When you receive them, make the following entries:

– investor funds were received for the construction of the facility.

The amount of the developer's remuneration for construction organization services should be reflected in a separate subaccount to account 62, for example, “Settlements with investors.”

Account for remuneration received before revenue recognition in the manner prescribed for accounting for advances received. To do this, make the following wiring:

Debit 76 subaccount “Settlements with investors” Credit 62 subaccount “Advances received”
– an advance was received for the developer’s remuneration;

– VAT is charged on advances received.

Funds for financing construction are not the income of the developer. However, subsequently, part of these funds (for example, in the amount of savings) may be recognized as remuneration to the developer. In such a situation, the amounts recognized as remuneration are included in income.

The developer's income (revenue) under an investment agreement for the construction of a facility is the remuneration for the provision of construction organization services by the developer ().

The amount of remuneration is determined by the terms of the contract. For example, the contract can establish the following methods for determining remuneration:

• fixed amount;
• a combined method, when the total amount of remuneration consists of a predetermined amount (in the form of a fixed amount or percentage) and savings upon completion of construction (full or part of it).
  • the object is used for its own needs (for example, in production activities or for rental);
  • The property is for sale.
  • construction costs received from the developer;
  • developer's remuneration, if it is allocated as a separate amount in the investment agreement;
  • state duty for registering ownership of a constructed object (,);
  • interest on attracted loans and borrowings, taking into account the requirements of PBU 15/2008, if funds raised (credits and borrowings) were used to finance the construction project.
  • in August 2011, “Master” transferred 23,000,000 rubles to “Alpha”;
  • in January 2012 – 16,000,000 rubles;
  • in August 2012 – 20,000,000 rubles.
  • to finance construction;
  • for the maintenance of the developer (remuneration to the developer for services in organizing construction).
• fixed amount;
• percentage of the estimated construction cost;
• the amount of savings of target funds that remain at the disposal of the developer after completion of construction;
• a combined method, when the total amount of remuneration consists of a predetermined amount (in the form of a fixed amount or percentage) and savings upon completion of construction (full or part of it).

The developer recognizes revenue from the sale of construction organization services if the following conditions are simultaneously met:

• the developer has the right to receive this revenue, which is confirmed by an agreement or other document;
• the amount of revenue can be determined;
• the developer received payment for the work performed or he has confidence in receiving payment. For example, the developer has documents (contract, acceptance certificate for work performed, letter of guarantee, etc.), on the basis of which he can demand payment for work performed;
• the service is provided;
• the expenses that have been or will be incurred in connection with this operation can be determined.

The period for recognizing revenue in accounting depends on the duration of the investment agreement in construction:

• after the transfer of the constructed facility to the investor, if the investment agreement is short-term in nature (less than 12 months);
• as soon as it is ready, if the investment agreement is long-term in nature or its start and end dates fall on different years.

This follows from the provisions of paragraphs and PBU 9/99 and paragraphs and PBU 2/2008.

For short-term contracts, reflect revenue on the date of drawing up the acceptance certificate (subparagraph “d”, paragraph 12 of PBU 9/99, part 1 of article 9 of the Law of December 6, 2011 No. 402-FZ).

If the developer’s services are considered provided as they are ready, reflect revenue on the reporting date according to the same principle as contractors (clauses , and PBU 2/2008).

Reflect the revenue from the sale of construction organization services at the time of its recognition by posting:

Debit 62 subaccount “Settlements with investors” Credit 90-1
– revenue from the sale of construction organization services is reflected.

In this case, the developer’s expenses are written off from account 26 “General business expenses” to the debit of account 90-2.

After completion of construction, charge VAT if the developer is a payer of this tax. Reflect the accrual of VAT by posting:

– VAT is charged on the cost of construction organization services provided.

If the advance payment received was previously taken into account, make the following entries:

Debit 62 subaccount “Advances received” Credit 62 subaccount “Settlements with investors”
– the advance previously received from the investor for the payment of remuneration is offset;

– VAT paid on the amount of advances has been restored.

Reflect the transfer of the constructed facility to the investor with the following entries:

summary invoice ().

After writing off expenses as a debit to account 76, the following may appear in accounting:

• savings for the investor (the amount of financing received exceeded construction costs);
• lack of investor funds (the amount of construction costs exceeded the amount of financing received).

Reflect the amount of shortfall in funds reimbursed by the investor using the following entry:

Debit 51 Credit 76 subaccount “Settlements with investors”
– the missing funds were received from the investor.

The write-off of savings depends on the terms of the construction investment agreement. If, according to the terms of the contract, the amount of savings is to be returned to the investor, reflect this operation by posting:

Debit 76 subaccount “Settlements with investors” Credit 51
– the amount of savings is transferred to the investor.

The amount of savings that, according to the terms of the contract, is not subject to return to the investor, is recognized as remuneration to the developer. In this case, make the following entries in your accounting:

Debit 76 subaccount “Settlements with investors” Credit 90-1
– the amount of savings recognized as remuneration to the developer is reflected in income.

Debit 90-3 Credit 68 subaccount “VAT calculations”
– VAT is charged on the amount of savings recognized as remuneration to the developer.

An example of how revenue from the sale of services for organizing construction under a contract, the start and end dates of which fall in different years, is reflected in the developer’s accounting. The developer's remuneration is determined as a fixed amount

In October 2012, Master Manufacturing Company LLC (investor) entered into an investment agreement in the construction of the facility with Alfa CJSC (developer). The contract period is from October 2012 to July 2013 (10 months). Based on the agreement, Alpha organizes the construction of a production building by contract. The cost of the investment project according to the estimate is 11,800,000 rubles. (including VAT – RUB 1,800,000). The estimated cost of construction takes into account the cost of the developer's services in the amount of RUB 1,180,000. (including VAT – 180,000 rubles).

In November 2012, “Master” transferred to “Alfa” an advance in the amount of 100 percent of the total amount of the investment agreement. In the same month, Alpha entered into an agreement with the contractor for the construction of the facility and transferred 10,620,000 rubles to him as an advance payment. (including VAT – RUB 1,620,000). This amount represents the estimated cost of the project minus the cost of the developer’s services (RUB 11,800,000 – RUB 1,180,000).

In July 2013, the contractor completed construction of the facility and handed it over to the developer. In the same month, the developer handed over the constructed production building to the investor.

Revenue from the provision of developer services is determined based on the degree of completion of the work. According to Alpha's accounting policy, the degree of completion of work is determined based on the principle of uniformity: monthly revenue from the sale of developer services is recognized in equal shares during the term of the investment agreement.

The Alpha accountant calculated the amount of monthly recognized revenue from the sale of developer services as follows:
– 118,000 rub. (RUB 1,180,000: 10 months).

In October 2012:

– 118,000 rub. – revenue from the sale of services provided by the developer is reflected.

In November 2012:

Debit 51 Credit 76 subaccount “Settlements with investors”

Debit 76 subaccount “Calculations for VAT on advances received” Credit 68 subaccount “Calculations for VAT”
– 180,000 rub. (RUB 1,180,000 ? 18/118) – VAT is charged on the amount of the advance received;

Debit 62 subaccount “Settlements with investors” Credit 90-1

– 118,000 rub. – the advance received as payment for services under the investment agreement is credited (for October);

Debit 62 subaccount “Settlements on advances received” Credit 62 subaccount “Settlements with investors”
– 118,000 rub. – the advance received as payment for services under the investment agreement is credited (for November);

Debit 60 Credit 51
– 10,620,000 rub. – prepayment to the contractor is transferred.

Debit 62 subaccount “Settlements with investors” Credit 90-1
– 118,000 rub. – revenue from the sale of services provided by the developer is reflected;

Debit 62 subaccount “Settlements on advances received” Credit 62 subaccount “Settlements with investors”

In July 2013:

Debit 08-3 Credit 60

Debit 19 Credit 60

Debit 62 subaccount “Settlements with investors” Credit 90-1
– 118,000 rub. – revenue from the sale of services provided by the developer is reflected;

Debit 62 subaccount “Settlements on advances received” Credit 62 subaccount “Settlements with investors”
– 118,000 rub. – the advance received as payment for services under the investment agreement is credited.

Debit 90-3 Credit 68 subaccount “Calculation of VAT”

Debit 68 subaccount “Calculations for VAT” Credit 76 subaccount “Calculations for VAT from advances received”

Debit 76 subaccount “Settlements with investors” Credit 08-3
– 9,000,000 rub. – the transfer of the constructed facility to the investor is reflected (based on the act on the results of the investment project);

Debit 76 subaccount “Settlements with investors” Credit 19
– 1,620,000 rub. – the transfer of VAT on contract work to the investor is reflected.

Oleg Horoshiy, State Advisor to the Tax Service of the Russian Federation, III rank

The procedure for recording expenses in the developer’s accounting depends on the method in which construction work is carried out:

• contract method;
• by the developer's own resources.

This is explained by the fact that the method of construction is related to the functions performed by the developer.

Accounting: contract construction

If a developer builds an object by contract, then he reflects his expenses for providing services to the investor in accounting in the general manner according to the rules of PBU 10/99 as the costs of maintaining the developer’s service (). The developer recognizes all costs in the periods in which they arose (). The write-off of sales expenses is reflected by the posting:

Debit 90-2 Credit 26
– the cost of the developer’s services is taken into account as expenses.

In addition to accounting for its own costs, the developer must keep separate records of all expenses associated with the construction of the facility (clause 1.4 of the Regulations approved).

The developer organizes accounting of costs for the construction of the facility on account 08-3 “Construction of fixed assets”. In this account, it is recommended to group all expenses according to the technological structure of costs with certain estimate documentation (for example, costs for construction work, equipment installation work, purchase of equipment, etc.) (clause 3.1.1 of the Regulations approved by the letter of the Ministry of Finance of Russia dated December 30 1993 No. 160).

Costs for the construction of an object are reflected as they arise and are accumulated in the debit of account 08-3 on an accrual basis from the beginning of construction. In this case, the developer makes the following entries:

Debit 08-3 Credit 60
– the cost of work performed by the contractor is taken into account as part of construction costs;

Debit 19 Credit 60
– the VAT presented by the contractor is taken into account.

Upon completion of construction, the developer transfers to the investor the facility built by the contractors. He reflects this operation in accounting with the following entries:

Debit76 subaccount “Settlements with investors” Credit 08-3
– the constructed facility was transferred to the investor (in terms of the cost of work performed excluding VAT);

Debit 76 subaccount “Settlements with investors” Credit 19
– the constructed facility was transferred to the investor (in terms of the “input” VAT presented by the contractors on the basis of a consolidated invoice (letter of the Ministry of Finance of Russia dated October 18, 2011 No. 03-07-10/15).

An example of how expenses under a construction investment agreement are reflected in a developer’s accounting. The developer carries out construction by contract method. The contract for investment in construction is short-term in nature

In July, LLC “Production Company “Master”” (investor) entered into an agreement for the construction of the facility with CJSC “Alfa” (developer). Based on the agreement, “Alpha” organizes the construction of a warehouse for “Master” by contract. According to the approved estimate, the cost of the project is 11,800,000 rubles. (including VAT – RUB 1,800,000). The cost of the developer’s services is RUB 1,180,000. (including VAT - 180,000 rubles), cost of contract work - 10,620,000 rubles. (including VAT – RUB 1,620,000).

In August, “Master” transferred to “Alfa” an advance in the amount of 100 percent of the total amount of the investment agreement. In the same month, Alpha entered into an agreement with the contractor for the construction of the facility and transferred 10,620,000 rubles to him as an advance payment. (including VAT – RUB 1,620,000).

In September, the contractor completed construction of the warehouse and handed it over to the developer. In the same month, the developer handed over the constructed facility to the investor.

Alpha’s actual expenses for organizing the construction of the facility for the period from July to September amounted to 600,000 rubles, including:

• material costs - 180,000 rubles. (July – 20,000 rubles, August – 90,000 rubles, September – 70,000 rubles);
• depreciation – 60,000 rubles. (monthly 20,000 rubles);
• salary with contributions to pension (social, medical) insurance – 350,000 rubles. (July – 80,000 rubles, August – 160,000 rubles, September – 110,000 rubles);
• other expenses – 10,000 rubles. (July – 6000 rubles, August – 1000 rubles, September – 3000 rubles).

In Alpha's accounting, transactions related to the execution of the investment agreement are reflected as follows.

– 126,000 rub. (RUB 20,000 + RUB 20,000 + RUB 80,000 + RUB 6,000) – reflects the developer’s expenses for organizing construction for July.

In August:

Debit 51 Credit 76 subaccount “Settlements with investors”
– 11,800,000 rub. – funds were received for the construction of the facility;

Debit 76 subaccount “Settlements with investors” Credit 62 subaccount “Settlements on advances received”
– 1,180,000 rub. – the cost of the developer’s services was allocated as an advance payment from funds received from the investor;

Debit 76 subaccount “Calculations for VAT on advances received” Credit 68 subaccount “Calculations for VAT”
– 180,000 rub. (RUB 1,180,000 ? 18/118) – VAT is charged on the prepayment amount;

Debit 60 Credit 51
– 10,620,000 rub. – prepayment to the contractor in accordance with the contract for the construction of the facility is transferred;

Debit 26 Credit 02 (10, 70, 69)
– 271,000 rub. (90,000 rubles + 20,000 rubles + 160,000 rubles + 1000 rubles) – reflects the developer’s expenses for organizing construction for August.

In September:

Debit 08-3 Credit 60
– 9,000,000 rub. – completed work on the construction of the facility was accepted from the contractor (excluding VAT);

Debit 19 Credit 60
– 1,620,000 rub. – reflects the amount of VAT on construction work presented by the contractor;

Debit 62 subaccount “Settlements with investors” Credit 90-1
– 1,180,000 rub. – revenue from the sale of services provided by the developer is reflected;

Debit 90-3 Credit 68 subaccount “VAT calculations”
– 180,000 rub. (RUB 1,180,000 ? 18/118) – VAT is charged on the cost of the developer’s services;

Debit 68 subaccount “Calculations for VAT” Credit 76 subaccount “Calculations for VAT from advances received”
– 180,000 rub. – VAT accrued on prepayment is accepted for deduction;

Debit 26 Credit 02 (10, 70, 69)
– 203,000 rub. (RUB 70,000 + RUB 20,000 + RUB 110,000 + RUB 3,000) – reflects the developer’s expenses for organizing construction for September;

Debit 90-2 Credit 26
– 600,000 rub. (RUB 126,000 + RUB 271,000 + RUB 203,000) – the developer’s expenses for organizing construction during the construction period were written off;

Debit 76 subaccount “Settlements with investors” Credit 08-3
– 9,000,000 rub. – the transfer of the constructed facility to the investor is reflected (based on the acceptance certificate for the constructed facility);

Debit 76 subaccount “Settlements with investors” Credit 19
– 1,620,000 rub. – the transfer of VAT on contract work to the investor is reflected;

Debit 62 subaccount “Settlements on advances received” Credit 62 subaccount “Settlements with investors”
– 1,180,000 rub. – the received advance is offset against payment for the developer’s services.

Oleg Horoshiy, State Advisor to the Tax Service of the Russian Federation, III rank

O.Z. Zakariev,
Senior Auditor of LLC "Auditing Firm "OSBI-M", Ph.D.

1. General provisions

On Russian market real estate, a form of real estate acquisition appeared, such as equity participation in construction investment. Equity investors can be both individuals and legal entities. The document regulating these legal relations is an agreement on equity participation in construction investment. In practice, such agreements are called differently, for example, an agreement on shared participation in financing construction, an agreement on shared investment, an agreement on joint activities in the construction of a house, etc.

The legal and economic foundations of investment activity in the housing market are laid down by the Federal Law of February 25, 1999 N 39-FZ "On investment activity in Russian Federation carried out in the form of capital investments" (hereinafter referred to as Law No. 39-FZ) and the Law of the RSFSR dated June 26, 1991 No. 1488-1 "On investment activities in the RSFSR" (to the extent that does not contradict Law No. 39-FZ).

In accordance with the norms of current legislation, investors are subjects of investment activity that make capital investments using their own and (or) borrowed funds in accordance with the legislation of the Russian Federation. According to paragraph 6 of Art. 4 of Law No. 39-FZ, a subject of investment activity has the right to combine the functions of two or more entities, unless otherwise established by an agreement and (or) a government contract concluded between them.

Customers are individuals and legal entities authorized by investors who implement investment projects. They do not interfere with the entrepreneurial and (or) other activities of other investment entities, unless otherwise provided by the agreement between them. Customers can be investors. The customer, who is not an investor, is granted the rights to own, use and dispose of capital investments for the period and within the powers established by the agreement (contract) in accordance with the legislation of the Russian Federation.

Developers are understood as enterprises specializing in performing functions related to organizing the construction of facilities, monitoring its progress and maintaining accounting records of the costs incurred. These include, in particular, capital construction enterprises in cities, directorates of enterprises under construction, etc., as well as existing enterprises carrying out capital construction. Expenses for the maintenance of developers (for operating enterprises - employees of the capital construction division) are made from funds intended for financing capital construction and are included in the inventory value of objects put into operation. When performing construction work by contract, the developer acts in relation to the contracting construction organization as a customer.

In the course of activities related to the financing of capital construction, the following situations most often occur:

1) the functions of investor and customer are performed by one organization;

2) the functions of investor, customer and contractor are performed by independent business entities;

3) the functions of investor, customer and contractor are performed by one business entity.

Financial and tax accounting for capital construction financing must be organized based on the specific situation.

We will consider accounting and taxation of investments of organizations in capital construction using the following examples.

2. Accounting and taxation of investments in the construction of a residential building

Example 1.

The organization participates in the implementation of an investment project for the construction of a residential building as a customer-developer and partially as an investor with the attraction of funds from co-investors. Construction is carried out by contract method with 100% advance payment to the contractor. The estimated cost of construction is RUB 12,154,000, including the cost of construction work performed by the contractor, including the cost of materials, RUB 11,800,000. (including VAT - 1,800,000 rubles), the cost of services to the customer-developer for organizing construction - 354,000 rubles. (including VAT - 54,000 rubles). Funds for construction in the amount of 70% of the project cost (RUB 8,507,800) are transferred by co-investors by bank transfer to the organization's current account, the organization participates in financing by transferring its own funds to the contractor in the amount of 30% of the project cost (RUB 3,646,200. ). The actual costs of maintaining the customer-developer amounted to 240,000 rubles. Upon completion of construction, the apartments are distributed among investors in proportion to the funds they transferred. The apartments in the constructed house received by the organization are intended for rent to the organization's employees.

Accounting for the construction of the facility is maintained by the customer-developer in accordance with the Regulations on accounting long-term investments, approved by letter of the Ministry of Finance of Russia dated December 30, 1993 N 160, the Accounting Regulations “Accounting for agreements (contracts) for capital construction” PBU 2/94, approved by order of the Ministry of Finance of Russia dated December 20, 1994 N 167, as well as the Chart of Accounts financial and economic activities of organizations and the Instructions for its application, approved by order of the Ministry of Finance of Russia dated October 31, 2000 N 94n.

Organizing the construction of facilities, monitoring its progress and maintaining accounting records of the costs incurred are carried out by developers, the maintenance costs of which are made from funds intended to finance capital construction and are included in the inventory value of commissioned facilities. When performing construction work by contract, the developer acts in relation to the contracting construction organization as a customer (clause 1.4 of the Regulations on accounting for long-term investments).

According to clause 7 of PBU 2/94, the developer’s costs for the construction of the facility consist of the costs associated with its construction, commissioning or delivery to the investor. The developer's expenses for contract work accepted for payment or paid for, performed by contractors on completed construction projects, are taken into account as part of construction in progress until they are put into operation or handed over to the investor.

When the developer carries out contract work on his own, the accounting records reflect the actual costs incurred in connection with their implementation, including the costs of maintaining departments involved in organizing construction. In other words, the cost of services provided by the customer-developer in organizing construction is also taken into account as part of construction in progress (clause 8 of PBU 2/94).

The developer organization keeps records of construction costs on account 08 “Investments in non-current assets”, subaccount “Construction of fixed assets”. Until the completion of work on the construction of objects, the costs of their construction, recorded on account 08, subaccount "Construction of fixed assets", constitute construction in progress. Costs for the construction of facilities are grouped in accounting according to the technological structure of costs determined by the estimate documentation (clause 2.3, 3.1.1 of the Regulations on Accounting for Long-Term Investments, Chart of Accounts).

With the contract method of construction, construction work completed and documented in the prescribed manner and equipment installation work is reflected by the developer-customer on account 08, subaccount “Construction of fixed assets”, at the contract price (excluding VAT) according to paid or accepted for payment contract invoices organizations in correspondence with account 60 “Settlements with suppliers and contractors” (clause 3.1.2 of the Regulations on accounting for long-term investments, Instructions for using the Chart of Accounts).

The amount of VAT presented for payment by a contractor during the construction of a residential building is reflected in the debit of account 19 “Value added tax on acquired assets” and the credit of account 60.

Accounting for funds received from co-investors to finance the construction of a residential building is carried out in the manner established by subparagraph "d" of clause 3.1.8 of the Regulations on accounting for long-term investments, according to which the developer who received additional funds from organizations and individuals for construction under contracts equity participation, reflects them in accounting as targeted funds for financing capital construction.

According to the Chart of Accounts, account 86 “Targeted Financing” is intended to summarize information on the movement of funds intended for the implementation of targeted activities, funds received from other organizations and individuals, and budgetary funds.

At the same time, when implementing an investment contract, the customer-developer provides services for organizing construction (technical supervision, accounting, etc.). The cost of the above services is determined by the construction estimate.

For tax purposes, the activities of the customer-developer in organizing construction during the implementation of an investment project are recognized as the provision of services, regardless of the procedure applied by the taxpayer for reflecting the transactions carried out in the accounting accounts and the source of financing; These services are subject to VAT on a general basis.

In this case, the funds received from co-investors to finance construction contain payment for the cost of the services of the customer-developer, that is, the funds received in the amount of the estimated cost of the services of the customer-developer are an advance received for the organization.

Thus, the organization performing the functions of the customer-developer, in accounting, reflects the receipt of funds from co-investors in the debit of account 51 “Settlement accounts” and the credit of accounts 86 “Target financing” - for the cost of construction work performed by the contractor and 62 “Settlements with buyers and customers" - for the cost of services of the customer-developer.

In accordance with subparagraph 1 of paragraph 1 of Art. 162 of the Tax Code of the Russian Federation (Tax Code of the Russian Federation), the tax base for VAT on the sale of goods (work, services) is determined taking into account the amounts of advance or other payments received on account of upcoming deliveries of goods (work, services). Thus, the organization is obliged to calculate and pay VAT to the budget on the amount of funds received in relation to the estimated cost of the customer-developer’s services for organizing construction, paid in advance by co-investors.

As for the funds received from co-investors to finance construction in terms of the cost of work performed by the contractor, they are funds of targeted financing for the customer-developer, that is, they are not considered as funds associated with the sale of goods (works, services), and, therefore, they are not included in the VAT tax base of the customer-developer.

Revenue from activities related to the provision of services to the customer-developer in organizing construction is for the organization income from ordinary activities, for which the Chart of Accounts is intended to account 90 “Sales”. Since the cost of the services of the customer-developer is included in the inventory value of the constructed residential building, formed on the balance sheet of the customer-developer, we believe that the revenue from the provision of services can be reflected in his credit account 90 “Sales”, subaccount “Revenue”, and the debit of account 08, subaccount "Construction of fixed assets".

Actual expenses for the provision of such services (costs of maintaining the customer-developer) are reflected by an organization specializing in organizing construction on account 20 “Main production” and, upon recognition of revenue, are written off to the debit of account 90 “Sales”, subaccount “Cost of sales”.

In accordance with subparagraph 1 of paragraph 1 of Art. 146 of the Tax Code of the Russian Federation, the sale of goods (work, services) on the territory of the Russian Federation is recognized as subject to VAT. Thus, when providing services to a customer-developer, the organization charges VAT for payment to the budget in the manner established by Chapter 21 of the Tax Code of the Russian Federation.

The transfer of apartments to the balance sheet of co-investors in accordance with their volume of financing for the construction of a residential building is reflected by the developer:

In terms of the cost of work performed by the contractor - on the debit of account 86 and the credit of accounts 08, subaccount "Construction of fixed assets" (in terms of the cost of contract work performed excluding VAT), and 19 (in terms of the amount of VAT paid to the contractor for the work performed) ;

In terms of the cost of services of the customer-developer - on the debit of account 62 and the credit of accounts 08, subaccount "Construction of fixed assets", and 19.

After state registration, the ownership rights of apartments in a constructed residential building intended for rental are accepted by the organization for accounting as part of profitable investments into material assets, for the accounting of which the Chart of Accounts is intended for account 03 “Income-generating investments in material assets.” Accounting for profitable investments in material assets is carried out in accordance with the Accounting Regulations “Accounting for Fixed Assets” PBU 6/01, approved by Order of the Ministry of Finance of Russia dated March 30, 2001 N 26n (clause 2 of PBU 6/01).

Profitable investments in material assets are taken into account at historical cost, which recognizes the amount of the organization's actual costs for acquisition, construction and production, with the exception of VAT and other refundable taxes (except for cases provided for by the legislation of the Russian Federation) (clauses 7, 8 PBU 6/ 01).

In the example under consideration, apartments in a constructed residential building are used by the organization to provide employees with use under a rental agreement, that is, to provide services that are exempt from VAT on the basis of subclause 10 of clause 2 of Art. 149 of the Tax Code of the Russian Federation. Consequently, in accordance with subparagraph 1 of paragraph 2 of Art. 170 of the Tax Code of the Russian Federation, the part of the VAT amount charged by the contractor attributable to the cost of these apartments, as well as the corresponding part of the VAT amount for the services of the customer-developer, are included in the cost of the received apartments. Thus, the initial cost of apartments in the situation under consideration is determined as the entire amount invested by the organization in their construction, including VAT.

The initial cost of apartments received by the organization is reflected in the debit of account 03 in correspondence with the credit of account 08, subaccount “Construction of fixed assets”.

Apartments used for rental, which are on the balance sheet of an organization, are, for profit tax purposes, depreciable property (Article 256 of the Tax Code of the Russian Federation), classified according to the Classification of fixed assets included in depreciation groups, approved by Decree of the Government of the Russian Federation dated January 1, 2002 N 1, to the tenth depreciation group (property with a period beneficial use over 30 years).

The initial cost of apartments is determined in accordance with clause 1 of Art. 257 of the Tax Code of the Russian Federation as the amount of expenses for their acquisition (construction) including VAT and in this case corresponds to the original cost of apartments reflected in accounting.

Account Purpose	Debit	Credit	Amount, rub.
The direction of the organization's own funds to finance the investment project by transferring an advance to the contractor organization is reflected (RUB 12,154,000 x 30%)
Funds were received from co-investors for the construction of a residential building, subject to transfer to the contractor (RUB 11,800,000 - RUB 3,646,200)
Reflects the direction of funds received from co-investors to pay an advance to the contractor
Funds were received from co-investors (in terms of the cost of the services of the customer-developer), remaining at the disposal of the organization
VAT was calculated on the amount of the advance received to pay for the services of the customer-developer (RUB 354,000 x 18 / 118)
The amount of expenses for maintaining the customer-developer is reflected		02, 10, 69, 70, etc.
Accepted from the contractor a completed residential building (excluding VAT presented by the contractor)
The amount of VAT on the construction of a residential building presented by the contractor is reflected
The cost of services provided by the customer-developer is included in the actual construction costs (excluding VAT)
The amount of VAT on the cost of services of the customer-developer is reflected
The costs of maintaining the customer-developer were written off
VAT accrued on the sale of services to the customer-developer
Accepted for deduction of VAT calculated from the advance received as payment for the services of the customer-developer
The cost of apartments in a constructed residential building transferred to co-investors was written off (in terms of the cost of work performed by the contractor, excluding VAT) (RUB 10,000,000 x 70%)
The cost of apartments transferred to co-investors in a constructed residential building was written off (in terms of the cost of services provided by the customer-developer, excluding VAT) (RUB 300,000 x 70%)
The transfer to co-investors of part of the VAT amount presented by the contractor for the work performed on the construction of a residential building*1 is reflected (RUB 1,800,000 x 70%)
The transfer to co-investors of part of the VAT amount from the cost of services of the customer-developer*1 is reflected (RUB 54,000 x 70%)
VAT amounts on apartments transferred into the ownership of the organization in accordance with an investment agreement are attributed to the increase in the cost of these apartments (RUB 1,800,000 x 30% + RUB 54,000 x 30%)
Part of the apartments in the constructed house, the construction of which was financed from the organization’s funds, was taken into account as part of profitable investments in material assets (RUB 11,800,000 x 30%)

_____
*1 In accordance with the first paragraph of clause 6 of Art. 171 of the Tax Code of the Russian Federation, VAT amounts presented to the taxpayer by contracting organizations (customers-developers) when they carry out capital construction are subject to deductions. The above deductions are made as the corresponding objects of completed capital construction (fixed assets) are registered from the moment specified in the second paragraph of clause 2 of Art. 259 of the Tax Code of the Russian Federation, or during the implementation of an unfinished capital construction project (clause 5 of Article 172 of the Code). Thus, the right to deduct VAT amounts paid during the construction of a residential building may arise among co-investors who accept the constructed apartments for their balance sheet. At the same time, in order for the co-investor to deduct the above amounts of VAT, it is necessary to have invoices and documents confirming the actual payment of the tax (clause 1 of Article 169 and clause 1 of Article 172 of the Tax Code of the Russian Federation).
Specialists tax authorities in answers to private questions from taxpayers, they recommend the following procedure for issuing invoices during the construction of a facility (when the investor organization finances the construction, and the customer-developer implements investment project with the involvement of contractors), based on the Rules for maintaining logs of received and issued invoices, purchase books and sales books when calculating value added tax, approved by Decree of the Government of the Russian Federation dated 02.12.2000 N 914, and a letter from the Ministry of Taxes of Russia dated 21.05. 2001 N VG-6-03/404 "On the use of invoices when calculating value added tax":
- the customer-developer presents the investor with a consolidated invoice for the constructed facility. The consolidated invoice is drawn up in duplicate on the basis of invoices previously received by the customer-developer from suppliers of equipment (materials) and contractors for construction and installation work performed. The second copy of the consolidated invoice is stored by the customer-developer in the journal of issued invoices without registration in the sales book;
- invoices received by the customer-developer from suppliers of equipment (materials) and contractors for completed construction and installation work are stored by the customer-developer in the logbook of received invoices without registering them in the purchase book. Copies of these invoices are attached by the client-developer to the summary invoice that is presented to the investor. In addition, the customer-developer attaches to the consolidated invoice documents confirming the actual payment of VAT amounts to suppliers of equipment (materials), as well as to contractors for construction and installation work performed;
- for the services provided under the contract for organizing the construction of the facility, the customer issues an invoice in two copies. The second copy of the invoice is registered with the customer in the sales book in accordance with the established procedure. In this case, the cost of the customer’s services is not included in the consolidated invoice presented to the investor.

3. Accounting and taxation of investments in the construction of a production facility

Example 2.

MUP "Electroset" under the investment agreement acts as a customer and receives 1,180,000 rubles from OJSC "Zhilkominvest". for the construction of an electrical substation. The constructed electrical substation and networks, in accordance with the concluded agreement, belong to the municipal unitary enterprise, while the loads of Zhilkominvest OJSC are also connected to the new electrical substation. The construction was carried out by contract, the cost of construction was 1,180,000 rubles, including VAT - 180,000 rubles.

According to clauses 1.4, 2.1, 2.3 of the Regulations on accounting for long-term investments, as well as the Instructions for using the Chart of Accounts, accounting for capital construction costs is carried out on account 08 for actual expenses. Paragraph 7 of PBU 2/94 determines that the developer’s costs for the construction of an object consist of the costs associated with its construction, commissioning or delivery to the investor.

Construction costs (excluding VAT amounts) are accounted for in account 08, subaccount “Construction of fixed assets”, regardless of whether this construction is carried out by contract or in an economic way.

With the contract method of construction, construction work completed and formalized in the established manner is reflected by the developer-customer on account 08, subaccount “Construction of fixed assets”, in correspondence with the credit of account 60 at the contract price (excluding VAT) according to paid or accepted invoices contracting organizations (clause 3.1.2 of the Regulations on accounting for long-term investments; Instructions for using the Chart of Accounts).

VAT amounts presented for payment by the contractor are reflected in the debit of account 19 and the credit of account 60.

A fixed asset object completed by capital construction is included in the composition of the organization's fixed assets on the basis of clauses 4, 5 of PBU 6/01. In this case, the initial cost of a fixed asset accepted for accounting is determined on the basis of clause 8 of PBU 6/01.

After state registration of ownership of an object of fixed assets, the formed initial cost of this object, accepted for operation and registered in the prescribed manner, is written off from account 08, subaccount "Construction of fixed assets", to the debit of account 01 "Fixed assets" (Instructions for using the Plan accounts; clause 41 of the Regulations on accounting and financial statements in the Russian Federation, approved by order of the Ministry of Finance of Russia dated July 29, 1998 N 34n)*1.
_____
*1 Emergence of ownership rights (economic management rights) to buildings, structures, etc. real estate is subject to state registration in the unified state register by bodies carrying out state registration of rights to real estate and transactions with it (clause 1 of article 131, article 219 of the Civil Code of the Russian Federation, as amended on June 29, 2004 N 58-FZ). For registration of rights to real estate, a state duty is charged in accordance with tax legislation (clause 2 of Article 11 of Federal Law dated July 21, 1997 N 122-FZ “On State Registration of Rights to Real Estate and Transactions with It,” as amended on August 22, 1997) .2004 N 122-FZ).

Paragraph 52 of the Methodological Guidelines for Accounting of Fixed Assets, approved by Order of the Ministry of Finance of Russia dated October 13, 2003 N 91n, explains that for real estate objects for which capital investments have been completed, the corresponding primary accounting documents for acceptance and transfer have been drawn up, the documents have been submitted for state registration and which are actually in use, depreciation is accrued in the general manner from the 1st day of the month following the month the facility was put into operation. When accepting these objects for accounting as fixed assets after state registration, the previously accrued depreciation amount is clarified. It is allowed that real estate objects for which capital investments have been completed, the corresponding primary accounting documents for acceptance and transfer have been drawn up, the documents have been submitted for state registration and which are actually in use, be accepted for accounting as fixed assets with allocation on a separate sub-account to the fixed assets accounting account.

An organization, in general, has the right to deduct the amount of VAT paid to the contractor, if there is an invoice and documents confirming the actual payment for the contractor’s services, after registering the corresponding completed capital construction project (fixed assets) from the moment specified in the second paragraph. 2 tbsp. 259 of the Tax Code of the Russian Federation (that is, in the month following the month the facility was put into operation), or during the implementation of an unfinished capital construction project (clause 6 of Article 171, clause 5 of Article 172 of the Tax Code of the Russian Federation). The explanations given in clause 32.1 of the Methodological Recommendations for the Application of Chapter 21 “Value Added Tax” of the Tax Code of the Russian Federation, approved by Order of the Ministry of Taxes of Russia dated December 20, 2000 N BG-3-03/447, concerning the coverage of paid VAT at the expense of earmarked funds, received for the purchase of fixed assets ( intangible assets), are applied only by taxpayers-budget recipients, therefore, in the situation under consideration, the organization has the right to accept VAT for deduction in the above order, which is reflected in the debit of account 68 “Calculations for taxes and fees” in correspondence with account 19.

The cost of fixed assets in accounting is repaid through depreciation*1. With the straight-line method, the annual amount of depreciation is determined based on the original cost of the fixed asset and the depreciation rate calculated based on the expected useful life of this object. During the reporting year, depreciation charges for fixed assets are accrued monthly, regardless of the accrual method used, in the amount of 1/12 of the annual amount (clauses 17, 18, 19 of PBU 6/01).
_____
*1 In this scheme, we proceed from the condition that depreciation in accounting is calculated using the straight-line method, and the useful life is set to 30 years.

The accrual of depreciation charges for fixed assets begins on the 1st day of the month following the month in which these objects were accepted for accounting, and is carried out until the cost of these objects is fully repaid or these objects are written off from accounting (clause 21 of PBU 6/01).

Clause 5 of the Accounting Regulations “Expenses of the Organization” PBU 10/99, approved by Order of the Ministry of Finance of Russia dated May 6, 1999 N 33n, determines that reimbursement of the cost of fixed assets, carried out in the form of depreciation, is recognized as expenses for ordinary activities. The amount of depreciation charges is determined on the basis of the cost of depreciable assets, useful life and methods of calculating depreciation adopted by the organization (clause 16 of PBU 10/99).

According to the Instructions for using the Chart of Accounts, the use of targeted financing for the acquisition of non-current assets subject to depreciation is reflected by an entry on the credit of account 98 “Deferred Income”, the sub-account “Gratuitous Receipts”, and the debit of account 86 on the date of putting the fixed asset into operation. As depreciation is calculated, non-operating income is recognized in accounting (clause 8 of the Accounting Regulations “Income of the Organization” PBU 9/99, approved by Order of the Ministry of Finance of Russia dated 05/06/1999 N 32n), which is reflected by entries in the debit of account 98, subaccount “Gratuitous receipts", in correspondence with the credit of account 91 "Other income and expenses", subaccount "Other income".

In addition, the organization, when presenting for deduction the amount of VAT paid to the contractor using funds from targeted financing, recognizes non-operating income equal to the above amount of VAT. This operation is also reflected in the debit of account 98, subaccount 98 “Gratuitous receipts”, and the credit of account 91, subaccount “Other income”.

In accordance with paragraph 1 of Art. 256 of the Tax Code of the Russian Federation, for tax accounting purposes, an object of fixed assets is also recognized as depreciable property. The initial cost of an item of fixed assets is determined in the manner established by clause 1 of Art. 257 of the Tax Code of the Russian Federation, as the amount of expenses for its acquisition, construction, manufacturing, delivery and bringing it to a state in which it is suitable for use, with the exception of amounts of taxes that are subject to deduction or taken into account as part of expenses in accordance with the Code.

Targeted financing funds in the form of investor funds accumulated on the accounts of the developer organization in accordance with subclause 14 of clause 1 of Art. 251 of the Tax Code of the Russian Federation are not taken into account for profit tax purposes. At the same time, taxpayers who received targeted financing are required to keep separate records of income (expenses) received (produced) within the framework of targeted financing. If the taxpayer who has received targeted financing does not have such records, the above funds are considered as subject to taxation from the date of their receipt.

Depreciable property created (acquired) using targeted funding is not subject to depreciation (subclause 7, clause 2, article 256 of the Tax Code of the Russian Federation).

At the same time, the amount of VAT paid to the contractor at the expense of targeted financing received from the investor and subject to deduction is, for tax purposes, the income of the organization, since according to Art. 41 of the Tax Code of the Russian Federation, income is recognized as economic benefit in monetary or in-kind form, taken into account if it is possible to assess it and to the extent that such benefit can be assessed. For the purposes of Chapter 25 of the Tax Code of the Russian Federation, the above income is recognized on the basis of Art. 250 of the Tax Code of the Russian Federation (as income not related to the sale of goods, works, services). The date of recognition of such income in this case is the date of deduction of VAT paid to the contractor (subclause 2, clause 4, article 271 of the Tax Code of the Russian Federation).

Account Purpose	Debit	Credit	Amount, rub.
The receipt of funds from OJSC "Zhilkominvest" is reflected
The cost of work performed by the contractor is reflected (RUB 1,180,000 - RUB 180,000)
The amount of VAT presented by the contractor is reflected
Payment has been made to the contractor
The electrical substation is included in fixed assets
The use of targeted funding is reflected
The amount of VAT presented by the contractor is accepted for deduction
Non-operating income is recognized in the amount of VAT presented by the contractor
Depreciation has been accrued on the fixed asset item (RUB 1,000,000: 30 years: 12 months*1)
Non-operating income is recognized in the relevant part (RUB 1,000,000: 30 years: 12 months*1)

_____
*1 For the transaction under consideration, in tax accounting the organization recognizes only income in the amount of VAT subject to deduction, while in accounting, as can be seen from the above table of accounting entries, non-operating income in the amount of 2,778 rubles is recognized monthly. and expenses in the form of depreciation in the amount of 2778 rubles. The above amounts represent permanent differences, leading to the emergence of a permanent tax asset and liability (clauses 4, 7 of the Accounting Regulations “Accounting for income tax calculations” PBU 18/02, approved by Order of the Ministry of Finance of Russia dated November 19, 2002 N 114n). Constant tax liabilities are reflected in accounting in the debit of account 99 "Profits and losses", subaccount "Fixed tax liabilities (assets)", and permanent tax assets - in the credit of account 99, subaccount "Fixed tax liabilities (assets)", in correspondence with the account 68 (clauses 6, 7 PBU 18/02; Instructions for using the Chart of Accounts).
At the same time, since permanent tax liabilities and assets in this situation are equal to each other and arise simultaneously, we believe that, based on the requirement of rational accounting, the organization may not reflect their occurrence (clause 7 of the Accounting Regulations “Accounting Policy of the Organization” PBU 1 /98, approved by order of the Ministry of Finance of Russia dated December 9, 1998 N 60n).