Provisions for doubtful debts. Calculation and accounting

Let's figure out how to create and use reserves for doubtful debts. Let's look at calculations and accounting using examples. Reserves are needed to evenly account for expenses from writing off bad debts.

Tax reserves for doubtful debts: calculation and accounting

In tax accounting, a reserve can be created only by those organizations that determine income and expenses on an accrual basis (subclause 7, clause 1, article 265 of the Tax Code of the Russian Federation). The provision on the procedure for forming the reserve, according to financiers, must be included in the accounting policy (letter of the Ministry of Finance of Russia dated October 21, 2008 No. 03-03-06/1/594). At the same time, the courts come to the conclusion that it is not a violation of tax legislation to create a reserve without indicating this in the accounting policy (resolution of the Federal Antimonopoly Service of the North-Western District dated July 3, 2008 No. A56-12980/2007, FAS Ural District dated December 22 2005 No. Ф09-5913/05-С7).

Reserve amount

The amount of the reserve is determined based on the results of the inventory of receivables carried out on the last day of the reporting (tax) period. It is calculated based on the identified doubtful debts. It recognizes any debt to the organization arising in connection with the sale of goods (performance of work, provision of services) in the event that this debt is not repaid within the time period established by the agreement and is not secured by a pledge, surety, or bank guarantee ().

How much debt can be put into reserve?, depends on how late the payment is (see table below).

What part of the debt should be included in the reserve?

Debt with a maturity of more than 90 calendar days is included in full in the amount of the created reserve. If the period of occurrence of such debt is from 45 to 90 calendar days, then 50 percent of its amount is included in the reserve. Doubtful debts with a maturity of up to 45 days do not increase the amount of the created reserve.

Maximum reserve amount in 2016 cannot exceed 10 percent of sales revenue (clause 4 of article 266 of the Tax Code of the Russian Federation). Revenue is taken taking into account value added tax. This opinion was expressed by financiers in a letter from the Ministry of Finance of Russia dated June 11, 2013 No. 03-03-06/1/21726.

When determining it, prepayment debt is not taken into account if the supplier has not shipped the goods (letters of the Ministry of Finance of Russia dated December 8, 2011 No. 03-03-06/1/816, dated June 30, 2011 No. 07-02-06/115) . Judges also adhere to this position (resolution of the Federal Antimonopoly Service of the West Siberian District dated August 2, 2007 No. F04-5218/2007(36844-A67-37)).

The following debts are not taken into account when calculating the reserve:

• under loan agreements and assignment agreements (letter of the Ministry of Finance of Russia dated August 4, 2009 No. 03-03-04/3);
• on penalties for violation of the terms of the contract (letter of the Ministry of Finance of Russia dated September 23, 2010 No. 03-03-06/1/612);
• under commercial loan agreements (letter of the Ministry of Finance of Russia dated May 6, 2011 No. 03-03-06/1/283).

Using the reserve

Officials allow any debt that is recognized as bad to be written off from the reserve, even if it did not participate in its formation (letter of the Ministry of Finance of Russia dated July 17, 2012 No. 03-03-06/2/78). Debts for which the established limitation period has expired are considered hopeless (clause 2 of Article 266 of the Tax Code of the Russian Federation).

The following debts are also considered bad:

• for which the obligation is terminated due to the impossibility of its fulfillment, on the basis of an act of a government body or the liquidation of an organization;
• the impossibility of collecting which is confirmed by the decision of the bailiff on the completion of enforcement proceedings;
• in the case where the writ of execution is returned to the enterprise due to the impossibility of establishing the location of the debtor and his property. And also if he does not have property that can be foreclosed on and all the measures taken by the bailiff to find this property were unsuccessful.

To recognize a debt as bad, the presence of one of the above grounds is sufficient. For example, if the statute of limitations has expired, there is no need to wait for the debtor to be liquidated or declared bankrupt (letter of the Ministry of Finance of Russia dated November 16, 2010 No. 03-03-06/1/725). If there are several grounds for recognizing a debt as bad, it is recognized as such in the period when the first of these grounds arises (letter of the Ministry of Finance of Russia dated June 22, 2011 No. 03-03-06/1/373, dated March 28, 2008 No. 03-03 -06/4/18).

But if the amount of bad debts written off exceeds the amount of the reserve, then they (to the extent of the excess) are included directly in non-operating expenses on the basis of subparagraph 2 of paragraph 2 of Article 265 of the Tax Code of the Russian Federation. Tax authorities also point out this in a letter from the Federal Tax Service of Russia dated January 20, 2014 No. GD-4-3/526@.

If, after covering all losses from writing off bad debts against the reserve, part of it remains unused, it can be transferred to the next reporting (tax) period (clause 5 of Article 266 of the Tax Code of the Russian Federation). In this case, the amount of the reserve newly created based on the results of the inventory must be adjusted by this amount. If the newly created reserve is less than the transferred amount, the difference is subject to inclusion in the organization’s non-operating income in the current period.

Accounting reserves for doubtful debts: calculation and accounting

The amount of the reserve for doubtful debts in accounting may differ from its amount in tax accounting. For accounting purposes, it does not matter how and as a result of which the doubtful accounts receivable were formed. A necessary and sufficient basis for recognizing a debt as doubtful is the fulfillment of two conditions (clause 70 of the Regulations on accounting and financial reporting in the Russian Federation, approved by order of the Ministry of Finance of Russia dated July 29, 1998 No. 34n):

• it is overdue or is likely to be overdue;
• the debt is not secured by guarantees.

It is not limited in amount, as in tax accounting. In addition, in accounting, when determining the amount of the reserve for doubtful debts, any doubtful debts are taken into account.
And not just debt from the sale of goods, performance of work, provision of services if this debt is not repaid within the time limits established by the agreement and is not secured by a pledge, surety, or bank guarantee (clause 1 of Article 266 of the Tax Code of the Russian Federation).

If accounts receivable are recognized as doubtful, a reserve for doubtful debts in accounting is required to be created based on the requirement of prudence (clause 6 of PBU 1/2008, clause 70 of the Accounting Regulations).

The amount of the reserve for doubtful debts is an estimated value and is determined by the organization independently for each individual doubtful debt, depending on the financial condition (solvency) of the debtor and the assessment of the likelihood of repaying the debt in full or in part (clause 3 of PBU 21/2008).

Debtor's solvency

To determine the debtor's solvency and the likelihood of repayment of receivables, collect and analyze available information about the debtor's activities and property. It is necessary to know about the liquidation of a debtor. After all, then the risks that the agreements will not be fulfilled may increase significantly. You can obtain this information by requesting an extract from the Unified State Register of Legal Entities or the Unified State Register of Individual Entrepreneurs.

Next, you can analyze the financial position of the debtor - its operating profitability, dependence on borrowed funds, liquidity of assets, the volume and composition of its accounts payable. All these indicators can be determined based on open data in financial statements. That is, from the Balance Sheet and the Income Statement. You can request reports from the counterparty itself or from the territorial branch of Rosstat. And even order it on the government services portal. The procedure for obtaining reports from statistics is specified in detail in the Regulations, which were approved by Rosstat Order No. 183 dated May 20, 2013.

Based on the information received, make a decision on creating a reserve and its amount.
Before creating reserves, one formality must be observed. Include in your accounting policies for accounting purposes specific signs of debtor insolvency, in the presence of which you will create reserves for doubtful debts. This follows from paragraphs 6, 7 of PBU 1/2008.

Criteria for doubtful debts

The criteria for the insolvency of debtors need to be fixed in the accounting policy (sample below).

Sample wording on the provision for doubtful debts in accounting

Limited Liability Company "Alfa"

ORDER No. 56
on approval of accounting policies for accounting purposes

Accounting policies for accounting purposes

30. Deductions to the reserve for doubtful debts are made quarterly*.

Reason: paragraph 70 of the regulation approved by order of the Ministry of Finance of Russia dated July 29, 1998 No. 34n, paragraphs 6 and 7 of PBU 1/2008.

31. When assessing accounts receivable for the need to create a reserve for doubtful debts, the following circumstances are taken into account:
a) violation by the debtor of the deadlines for fulfilling the obligation;
b) lack of debt security (pledge, deposit, surety, bank guarantee, etc.);
c) initiation of bankruptcy proceedings against the debtor.

32. Depending on the circumstances listed in clause 31 of the accounting policy, reserves for doubtful debts are created in the following amounts.

If there is information confirming the inability of the debtor to fulfill the obligation, a reserve for doubtful debts is created in the amount of 100%, regardless of the period of delay and other circumstances. The decision to create a reserve in this case is approved by the manager.

* Other wording options:

• Deductions to the reserve for doubtful debts are made monthly. Reason: paragraph 70 of the regulation approved by order of the Ministry of Finance of Russia dated July 29, 1998 No. 34n, paragraphs 3 and 4 PBU 21/2008, part 5 of Article 13 and part 4 of Article 15 of the Law of December 6, 2011 No. 402-FZ;
• Deductions to the reserve for doubtful debts are made based on the results of an inventory carried out in the manner and within the time limits established by this accounting policy. Reason: paragraph 3 of paragraph 27, paragraph 70 of the regulations approved by order of the Ministry of Finance of Russia dated July 29, 1998 No. 34n, paragraph 3.54 of the Methodological guidelines approved by order of the Ministry of Finance of Russia dated June 13, 1995 No. 49, letter of the Ministry of Finance dated July 17, 2008. No. 03-03-06/2/84.

The procedure for forming a reserve for doubtful debts

Determine the volume of each individual doubtful debt, taking into account the assessment of the debtor’s financial condition and the likelihood of repaying the obligations in whole or in part. It is not necessary to include the entire amount of doubtful debt in the reserve.

If the counterparty does not pay RUB 1,000,000 on time. and you have no guarantees that this debt will be repaid, the reserve will be maximum (RUB 1,000,000) if it is known that bankruptcy proceedings have begun. The amount may be lower when it is known that the debtor is negotiating to restructure other debts and its solvency may be restored. If there is information that in the end the debtor will be able to return 600,000 rubles, then create a reserve of 400,000 rubles.

Postings to reserve

Deductions to the reserve for doubtful debts are recognized as other expenses of the organization (clause 11 of PBU 10/99). The formation of this reserve is reflected in the debit of account 91 “Other income and expenses”, subaccount 91-2 “Other expenses” and the credit of account 63 “Provisions for doubtful debts” (Instructions for the use of the Chart of Accounts for accounting financial and economic activities of organizations, approved by order of the Ministry of Finance of Russia dated October 31, 2000 No. 94n).

- a reserve for doubtful debts was created (increased).

The counterparty can repay the debt for which a reserve was previously created, in whole or in part. Then restore the portion of the reserve that relates to this debt:

Debit 51 (50) Credit 62 (71, 73, 76...)
- the counterparty’s debt has been repaid;

Debit 63 Credit sub-account “Other income”
- the reserve for repaid receivables was restored.

If an organization creates a reserve for doubtful debts in accounting, then write off bad debts only from this source. Reflect the write-off of accounts receivable from the reserve for doubtful debts with the following entry:

Debit 63 Credit 62 (71, 73, 76...)
- bad receivables are written off at the expense of the created reserve.

The reserve can be used only within the reserved amounts. If during the year the amount of expenses for writing off bad debts exceeds the amount of the created reserve, reflect the difference as part of other expenses (clause 11 of PBU 10/99). When writing off the difference, make the following entry:

Debit 91 subaccount “Other expenses” Credit 62 (71, 73, 76...)
- bad receivables not covered by the reserve are written off.

Writing off a bad debt is not canceling the debt. Therefore, within five years from the date of write-off, reflect it on the balance sheet in account 007 “Debt of insolvent debtors written off at a loss” (Instructions for the chart of accounts):
Debit 007
- written off accounts receivable are reflected.

During this period, monitor the possibility of its collection if the debtor’s property status changes (clause 77 of the Regulations on Accounting and Reporting).

Example How to create reserves for doubtful debts (calculation and accounting)
Alpha LLC conducts a quarterly inventory of accounts receivable and makes deductions to the reserve for doubtful debts in accounting. The unused balance of the reserve for doubtful debts for the first quarter of 2017 amounted to RUB 45,400.
According to the results of the inventory as of June 30, 2017, the organization’s records included:

• doubtful accounts receivable from LLC Trading Company Hermes - RUB 170,700. The debt repayment period was April 9, 2017, the delay period was 82 days;
• bad debt of OJSC "Production Company "Master"" in the amount of 45,400 rubles. In the second quarter, Master’s debt was recognized as uncollectible due to the liquidation of the debtor organization (confirmed by an extract from the Unified State Register of Legal Entities). As of June 30, 2017, the period of delay on debt was 379 days. Previously, the amount of debt was fully taken into account when creating the reserve.

Based on the inventory results as of June 30, 2017, Alpha’s accountant included Hermes’ debt in the amount of RUB 170,700 in the reserve for doubtful debts. Master's bad debt was completely written off from the reserve.

In Alpha's accounting, a reserve was created in the amount of 170,700 rubles. Taking into account the balance of the reserve as of March 31, 2017 and the written off bad debt of Master, the additional amount of expenses for the formation of the reserve in the second quarter of 2017 was:
RUB 45,400 + 170,700 rub. - 45,400 rub. = 170,700 rub.

On June 30, 2017, Alpha’s accountant made the following entries:
Debit 91 subaccount “Other expenses” Credit 63
- 170,700 rub. - reflects the costs of creating a reserve for doubtful debts;

Debit 63 Credit 62
- 45,400 rub. - bad receivables are written off against the reserve.

If by the end of the year following the year in which the reserve for doubtful debts was created, the reserve is not used, then include the unspent amounts in other income. Make an entry in accounting:
Debit 63 Credit 91 subaccount “Other income”
- the unspent reserve for doubtful debts was restored.

L.A. Elina, economist-accountant

Do you doubt your debtors? Create a reserve!

Tax and accounting of the provision for doubtful debts

The texts of the Ministry of Finance Letters mentioned in the article can be found: section “Financial and personnel consultations” of the ConsultantPlus system

Creating a reserve for doubtful debts will show in accounting a real picture of the financial situation in the organization. And in tax accounting, it will provide an opportunity to recognize expenses earlier for those who use the accrual method subp. 7 clause 1 art. 265 Tax Code of the Russian Federation. This is why the “doubtful” reserve is popular.

It is especially useful to think about whether your organization needs such a reserve or not in the fourth quarter. After all, the end of the year is approaching, which means there is an opportunity to review your accounting policies - both for accounting and tax purposes.

We begin to doubt

1clause 70 of the Regulations, approved. By Order of the Ministry of Finance dated July 29, 1998 No. 34n (hereinafter referred to as Regulation No. 34n); clause 1 art. 266 Tax Code of the Russian Federation; 2; 3clause 1 art. 266 Tax Code of the Russian Federation; 4Letters of the Ministry of Finance dated June 30, 2011 No. 07-02-06/115, dated December 8, 2011 No. 03-03-06/1/816; 5Letter of the Ministry of Finance dated May 12, 2009 No. 03-03-06/1/318; 6clause 1 art. 329 Civil Code of the Russian Federation; Letter of the Ministry of Finance dated October 15, 2003 No. 16-00-14/316

In general, in accounting and tax accounting, the principles for recognizing debt as doubtful are similar, but still not the same.

We create a reserve for doubtful debts

The following rules for creating a reserve must be taken into account.

Accounting	Tax accounting
Creating a reserve
It is your responsibility if there is a possibility that the debt will not be repaid - in whole or in part.	This is your right regardless of whether a similar reserve is created in accounting clause 3 art. 266 Tax Code of the Russian Federation
In the accounting policy, it is necessary to establish the condition for creating a reserve and the procedure for its creation for both accounting and tax accounting
Presence of counter accounts payable for the same counterparty
Does not affect the possibility of creating a reserve	Should not affect the possibility of creating a reserve. After all, in the Tax Code there is no such restriction on its creation as the presence of counter accounts payable. And the offset of counterclaims is the right, not the obligation of the organization, which was confirmed by YOU Resolution of the Presidium of the Supreme Arbitration Court of March 19, 2013 No. 13598/12. However, during income tax audits, inspectors may indicate that when creating a reserve, only the difference between receivables and payables should be taken into account if they relate to the same counterparty. Accordingly, if the creditor exceeds the debtor, then it is safer not to create a reserve at all Letters of the Ministry of Finance dated September 21, 2011 No. 03-03-06/1/579; Federal Tax Service dated January 16, 2012 No. ED-4-3/269@
We wrote more about whether a counter creditor is an obstacle to creating a reserve for doubtful debts.
Accounts receivable inventory
Helps identify doubtful and bad debts	To create a reserve, it is required for the last day of the reporting (tax) period: clause 4 art. 266 Tax Code of the Russian Federation. There is no special procedure for conducting inventory in Tax Code
The results of the accounts receivable inventory can be documented: act of inventory of settlements with buyers, suppliers and other debtors and creditors and Form No. INV-17, approved. Resolution of the State Statistics Committee dated August 18, 1998 No. 88; a certificate for such an act attachment to form No. INV-17
Determination of the reserved amount
Ideally, the amount of the reserve is determined separately for each debt, depending on the financial condition (solvency) of the debtor and an assessment of the likelihood of repaying the debt in full or in part. clause 3 PBU 21/2008; clause 70 of Regulation No. 34n. The debt for calculating the reserve is taken into account VAT	A certain percentage of doubtful debts is allocated to the reserve depending on the period of its occurrence: up to 45 calendar days of delay - no deductions are made to the reserve; from 45 to 90 calendar days of delay - 50%; over 90 calendar days of delay - 100%. The debt for calculating the reserve is taken into account VAT Letters of the Ministry of Finance dated July 24, 2013 No. 03-03-06/1/29315, dated June 11, 2013 No. 03-03-06/1/21726; Resolution of the Presidium of the Supreme Arbitration Court of November 23, 2005 No. 6602/05
Overall reserve size
It is not limited by anything, but cannot be greater than the debt itself for which it is created	Cannot exceed 10% of the revenue of the reporting (tax) period a clause 4 art. 266 Tax Code of the Russian Federation. In this case, the proceeds must be taken without VAT. clause 4 art. 266, paragraph 1, art. 249 Tax Code of the Russian Federation
Accounting for contributions to the reserve
Included in other expenses clause 11 PBU 10/99. The reserve itself is accounted for in account 63 “Provisions for doubtful debts”. The balance on this account is not shown as a separate line in the balance sheet. Doubtful accounts receivable must be reduced by the amount of the created reserve. clause 35 PBU 4/99. The presence and movement of the reserve should be reported in the notes to the balance sheet and statement of financial results x clause 27 PBU 4/99	Accounted for as part of non-operating expenses in subp. 7 clause 1 art. 265 Tax Code of the Russian Federation. The amounts of contributions to the reserve must be reflected on line 200 of Appendix No. 2 to sheet 02 of the income tax return. And the amount of bad debts not covered by reserve funds - according to line 302 of this application

Forms of primary documents for recording inventory results in electronic form can be found: section “Reference Information” of the ConsultantPlus system

Obviously, in tax accounting the rules for creating a reserve are quite strict. Although, you must agree, they are generally justified. So those who want to simplify their work can set out in their accounting policies the same rules that apply in tax accounting. Moreover, some even set a 10% revenue limit in their accounting (especially if they do not need to conduct an audit). In this case, the balance in account 63 “Reserves for doubtful debts” will coincide with the balance of the reserve of the same name in tax accounting. The amount of contributions to the reserve written off for current expenses will also be the same in tax and accounting.

If the organization is more serious about creating this reserve in accounting, then differences may appear according to PBU 18/02.

Example. Formation of a reserve for doubtful debts in tax accounting

/ condition / Since 2013, the organization decided to create a reserve for doubtful debts in tax accounting. In the first quarter of 2013 there were no overdue debts, and at the end of the second quarter there was only one overdue debt: debtor 1 in the amount of 400,000 rubles. (7 days late). The reserve for doubtful debts was not created based on the results of the first and second quarters.

Based on the inventory results, as of September 30, 2013, four debtors were identified:

The amount of revenue for January - September amounted to 5,700,000 rubles. (excluding VAT).

/ solution / In tax accounting, the reserve for doubtful debts should be created like this.

STEP 1. We determine the amount that can be reserved based on the amount of overdue debts and the number of days of delay.

STEP 2. We determine the maximum possible reserve amount. Based on the amount of revenue for 9 months (revenue is taken on an accrual basis from the beginning of the year), it will be 570,000 rubles. (RUB 5,700,000 x 10%).

STEP 3. We compare the amounts received in step 1 and step 2 and select the minimum - 570,000 rubles. This amount must be reduced by the balance of the reserve carried over from the previous quarter. But since no reserve was created in the first and second quarters, the amount of contributions to the reserve at the end of the third quarter, which will be taken into account in non-operating expenses, is equal to 570,000 rubles. This reserve amount is carried forward to the fourth quarter of 2013.

We use the reserve

When doubtful debts turn into bad debts, they are written off against the reserve in both accounting and tax accounting. pp. 2, , 5 tbsp. 266 Tax Code of the Russian Federation; clause 77 of Regulation No. 34n.

Debt and clause 2 art. 266 Tax Code of the Russian Federation:

• <или>for which the established limitation period has expired (as a general rule, it is 3 years);
• <или>for which the obligation has been terminated due to the impossibility of its fulfillment on the basis of an act of a state body;
• <или>for which the obligation is terminated due to the liquidation of the organization;
• <или>the impossibility of collecting which is confirmed by the decision of the bailiff on the completion of enforcement proceedings;
• <или>for which the writ of execution was returned to the claimant on two possible grounds. First: it is impossible to establish the location of the debtor, his property, or to obtain information about the availability of money and other valuables belonging to him, located in accounts, deposits or deposits in banks or other credit organizations. Second: the debtor does not have property that can be foreclosed on, and even the bailiff was unable to find such property.

Accounting	Tax accounting
Using the reserve
At the expense of the reserve for doubtful debts, bad debts are written off if the amount of this debt was previously reserved. If the amount of the debt was not reserved, then as soon as it became hopeless, it must be immediately written off as other expenses. clause 77 of Regulation No. 34n; pp. 11, 14.3 PBU 10/99. If there is a possibility of recovery of the written-off debt, it must be recorded in off-balance sheet account 007 “Bad debt written off at a loss” for 5 years clause 77 of Regulation No. 34n	Using the reserve, you can write off any bad debt, even if it did not participate in the formation of the reserve. Letter of the Ministry of Finance dated July 17, 2012 No. 03-03-06/2/78. If the amount of the reserve is not enough, the balance of the bad debt not written off against the reserve can be taken into account directly as part of non-operating expenses in subp. 2 p. 2 art. 265 Tax Code of the Russian Federation. Previously, the Ministry of Finance recommended writing off only bad debts for which a reserve was formed in tax accounting at the expense of the reserve. Letters of the Ministry of Finance dated November 14, 2011 No. 03-03-06/1/750, dated November 11, 2011 No. 03-03-06/1/748

If the debt for which the reserve was created is fully or partially repaid by the debtor, then it is not necessary to restore the reserve during the quarter either in tax or accounting. Debt repayment will be taken into account when determining the amount of the reserve created at the end of this quarter. clause 5 art. 266 Tax Code of the Russian Federation; pp. 3, 4 PBU 21/2008.

Adjusting the reserve amount

IN tax accounting the amount of the reserve newly created based on the results of the inventory must be adjusted to the amount of the balance of the reserve of the previous reporting/tax period and clause 5 art. 266 Tax Code of the Russian Federation; Letter of the Ministry of Finance dated February 14, 2011 No. 03-03-06/1/97. This is how you need to act.

STEP 1. Conduct an inventory and identify doubtful accounts receivable.

STEP 2. Calculate the amount of a new reserve that can be created based on the results of the reporting (tax) period. Just as with the initial creation of the reserve, it should not exceed 10% of the amount of revenue calculated on an accrual basis from the beginning of the year. ; Letter of the Ministry of Finance dated September 21, 2007 No. 03-03-06/1/688.

IN accounting the unused balance is carried over to the next calendar year.

Example. Using and adjusting the reserve for doubtful debts in tax accounting

/ condition / Let's continue with the example already discussed.

In October, the organization received documents confirming the liquidation of debtor 2.

And according to the results of the inventory as of December 31, 2013, the following amounts of debt were identified:

The amount of revenue for 2013 amounted to 7,500,000 rubles. (excluding VAT).

/ solution / In October, based on the documents received, the amount of debt owed by debtor 2 was 300,000 rubles. declared hopeless. It is written off from the reserve created in tax accounting. As a result, the balance of the reserve as of the date of debt write-off amounted to RUB 270,000. (570,000 rub. – 300,000 rub.).

At the end of the year, the reserve in tax accounting is formed as follows.

STEP 1. The debts of all three debtors are overdue for more than 90 days, so they can be reserved in full. The estimated amount of contributions to the reserve is 700,000 rubles. (400,000 rub. + 200,000 rub. + 100,000 rub.).

STEP 2. The maximum amount of contributions to the reserve as of December 31, 2013 is RUB 750,000. (RUB 7,500,000 x 10%).

STEP 3. We select the maximum possible amount to create a reserve as of December 31, 2013: we compare the indicators obtained in step 1 (RUB 700,000) and step 2 (RUB 750,000). A smaller amount is 700,000 rubles. You can create a reserve for it.

STEP 4. We adjust the amount of the created reserve by the amount of the unused balance. Since the balance is less than the amount of the created reserve, we include in non-operating expenses contributions to the reserve in the amount of 430,000 rubles. (RUB 700,000 – RUB 270,000).

As a result, the balance of the reserve as of December 31, 2013 will be 700,000 rubles. It can be transferred to the next year if the organization creates this reserve in tax accounting in 2014.

If, in accordance with the accounting policy for profit tax purposes in 2014, the organization refuses to create a reserve for doubtful debts, then the balance of the reserve is in the amount of 700,000 rubles. must be included in December income. Another option is not to create a new reserve as of December 31, 2013, but to include in income the amount of the reserve remaining from the previous quarter (RUB 270,000).

Please note that at the beginning of next year the reserve must be created especially carefully. The fact is that in December the amount of the reserve transferred to the first quarter was determined taking into account the revenue for the entire previous year. But in the first quarter, the amount of the created reserve will be limited to 10% of revenue for January - March. The excess reserve that was transferred from the last quarter will have to be immediately included in non-operating income. clause 5 art. 266 Tax Code of the Russian Federation. This amount will be included in the indicator of line 100 “Non-operating income - total” of Appendix No. 1 to sheet 02 of the income tax return.

Example. Adjustment of the reserve in the first quarter of the year to which the balance of the reserve was transferred

/ condition / Let's continue our example.

In the first quarter of 2014, revenue amounted to RUB 2,000,000. Debtors 1, 3 and 4 did not repay their debt. There are no other overdue debts.

/ solution / At the end of the first quarter, the reserve in tax accounting is formed as follows.

STEP 1. The debts of all three debtors are overdue for more than 90 days, so they can be reserved in full. The estimated amount of contributions to the reserve is 700,000 rubles. (400,000 rub. + 200,000 rub. + 100,000 rub.).

STEP 2. The maximum amount of contributions to the reserve as of March 31, 2014 is 200,000 rubles. (RUB 2,000,000 x 10%).

STEP 3. We select the maximum possible amount to create a reserve as of March 31, 2014: we compare the indicators obtained in step 1 (RUB 700,000) and step 2 (RUB 200,000). A smaller amount is 200,000 rubles. You can create a reserve for it.

STEP 4. We adjust the amount of the created reserve: we include the amount of 500,000 rubles in non-operating income. (RUB 700,000 – RUB 200,000).

As a result, the balance of the reserve as of March 31, 2014 will be 200,000 rubles.

Keep in mind that creating a reserve for doubtful debts in accounting can negatively affect the value of net assets - they become smaller. Therefore, accountants sometimes play a trick and “assess” the probability of repaying all debts as high. This happens, for example, when an organization needs “beautiful” reporting: the director plans to take out a loan from a bank or enter into a large contract.

Unfortunately, in practice, organizations are often faced with overdue accounts receivable from their buyers (customers), and possibly other debtors. The reserve for doubtful debts is created so that in the financial statements of the organization the data on its receivables are reliable. Therefore, if there is a doubtful debt, it is necessary to create a reserve, even if the organization is a small business entity.

In order for the financial statements to be reliable, the assets and liabilities of the organization are subject to adjustment taking into account estimated values. In relation to accounts receivable, the estimated value is the reserve for doubtful debts, that is, the amount of accounts receivable is reflected in the balance sheet minus the created reserve.

Note! The reserve is included in tax expenses, therefore, it is beneficial for organizations to exercise this right and create a reserve for doubtful debts for tax accounting purposes.

Basic regulatory documents on the formation of reserves for doubtful debts:

1. Tax Code of the Russian Federation (part two) dated 08/05/2000 N 117-FZ (as amended on 12/29/2014) (with amendments and additions, entered into force on 03/01/2015).
2. Regulations on maintaining accounting and financial statements in the Russian Federation, approved by Order of the Ministry of Finance of the Russian Federation dated July 29, 1998 No. 34n
3. Accounting Regulations ", approved by Order of the Ministry of Finance of Russia dated July 6, 1999 No. 43n
4. Order of the Ministry of Finance of the Russian Federation dated June 13, 1995 N 49 (as amended on November 8, 2010) “On approval of the Methodological Guidelines for the Inventory of Property and Financial Liabilities”
5. Accounting Regulations, approved. by order of the Ministry of Finance of Russia dated October 6, 2008 No. 106n.

Let's define the concepts

Doubtful debt is an organization’s receivables that have not been repaid or with a high degree of probability will not be repaid within the time limits established by the agreement, and are not secured by appropriate guarantees (pledge, retention of the debtor’s property, surety, bank guarantee, deposit).

Overdue debt is a receivable that has not been repaid within the time limits established by agreements and (or) judicial acts or other documents establishing or changing the repayment period of the debt.

Bad debt is a receivable for which the established limitation period has expired, as well as that debt for which, in accordance with civil law, the obligation has been terminated due to the impossibility of its fulfillment on the basis of an act of a state body or the liquidation of an organization.

Restructured debt is a debt for which the debtor has been granted an installment plan or deferment of debt repayment, including within the framework of a debt restructuring agreement, a settlement agreement approved by the court and entered into legal force.

Accounting and tax accounting. There are differences!

When forming a reserve for doubtful debts, it is important to take into account that the rules for its creation in accounting and tax accounting differ, in particular:

• By right of creation. In accounting, the creation of a reserve for doubtful debts is an obligation (paragraph 1, clause 70 of the Regulations on Accounting and Reporting). In tax accounting, the creation of such a reserve is a right, taking into account the fact that the organization uses the accrual method (clause 3 of Article 266 of the Tax Code of the Russian Federation);
• On the subject of debt. In accounting, reserves are created for any receivables recognized by the organization as doubtful (clause 70 of the Regulations on Accounting and Reporting). In tax accounting, reserves are created only for debts of buyers and customers for products, goods, works and services (paragraph 1, clause 1, article 266 of the Tax Code of the Russian Federation);
• According to the period of debt occurrence. In accounting, not only debt that has matured can be considered doubtful, but also debt that has not yet matured (paragraph 2, clause 70 of the Accounting and Reporting Regulations). In tax accounting, doubtful debt refers to debt that is not repaid within the time period stipulated by the agreement (Clause 1 of Article 266 of the Tax Code of the Russian Federation).

Let's consider the rules for creating a reserve for accounting and tax accounting.

Rules for accounting purposes	Rules for tax accounting purposes
A reserve is required if there is a doubtful receivable	The accountant himself decides whether to create a reserve or not.
Deductions to the reserve are other expenses (clause 11 of PBU 10/99). They are reflected in the debit of account 91 and the credit of account 63	The company takes into account the amounts of contributions to the reserve as part of non-operating expenses
Any receivable that is not repaid within the terms established by the agreement (or will be overdue with a high probability) and is not provided with guarantees is considered doubtful.	A reserve can only be formed for debt that is associated with the sale of goods (work, services). There are other mandatory conditions
The amount of the reserve for each debt is determined by the accountant independently based on the financial position of the counterparty and the risk of non-payment	The percentage of contributions to the reserve is established by the Tax Code of the Russian Federation
The total amount of the reserve is not limited	The total amount of the reserve cannot exceed 10% of revenue

Accounting

The amount of reserves is determined separately for each doubtful debt, depending on the financial condition (solvency) of the debtor and the assessment of the likelihood of repaying the debt in whole or in part (paragraph 4, clause 70 of the Regulations). This value is an estimated value (clause 3 of PBU 21/2008 “Changes in estimated values”, approved by order of the Ministry of Finance of Russia dated October 6, 2008 No. 106n), the change of which is recognized as an adjustment to the value of an asset (liability) or a value reflecting the repayment of the value of an asset, caused by the emergence of new information, which is produced on the basis of an assessment of the current state of affairs in the organization, expected future benefits and obligations and is not a correction of an error in the financial statements (clause 2 of PBU 21/2008).

Methods for calculating the provision for doubtful debts:

The chosen method and methodology for calculating the provision for doubtful debts must be fixed in the accounting policy for accounting purposes. For example, if the method of expert assessment of each doubtful debt is chosen, then the accounting policy must specify specific criteria (for example, indicators of solvency and financial condition of the debtor) on which such an assessment is based. If you choose the method of calculating the reserve depending on the period of overdue of each doubtful debt, then in the accounting policy you need to set the appropriate percentage values ​​for contributions to the reserve (they may or may not coincide with those used in tax accounting).

When forming a reserve for doubtful debts, the following conditions must be met:

1. The reserve is created by settlements with other organizations and citizens for products, goods, works and services. The reserve does not include the amounts of advances transferred to suppliers (Letter of the Ministry of Finance of the Russian Federation dated October 15, 2003 N 16-00-14/316 “On doubtful debt of the organization”). Thus, the reserve is created only for the debt of buyers (customers).
2. The reserve is created based on the results of an inventory of the organization's receivables.
3. The amount of the reserve is determined separately for each doubtful debt, depending on the financial condition (solvency) of the debtor and the assessment of the likelihood of repaying the debt in whole or in part.

After creating a reserve, the organization must constantly monitor the movement of those debts for which the reserve was created, since accounting records are drawn up in the context of analytical accounting for each debtor.

Let us note that the accounting legislation does not provide restrictions either on the amount of the reserve created or on the period of occurrence of doubtful debt. At the same time, the current accounting legislation does not prevent the use of the method of recognizing receivables as bad, established by Art. 266 of the Tax Code of the Russian Federation, and for accounting purposes.

Therefore, if the procedure for creating reserves in tax and accounting differs, then:

• for discrepancies arising due to different definitions of the terms for provisioning (i.e. in accounting, the amount of the provision is created, for example, in the amount of 100% of the outstanding debt after 45 days), deductible temporary differences will arise in accounting, which lead to formation of a deferred tax asset (clauses 8, 11, 14 PBU 18/02, approved by Order of the Ministry of Finance of the Russian Federation dated November 19, 2002 No. 114n).
• for discrepancies that arise when the estimated amount of deductions to the reserve in accounting exceeds 10% of the amount of sales revenue, the organization forms permanent differences (clauses 4, 7 of PBU 18/02, approved by Order of the Ministry of Finance of the Russian Federation dated November 19, 2002 No. 114n).

Deductions to the reserve for doubtful debts are a change in the estimated value (clause 4 of PBU 21/2008). Changes in estimated values ​​are reflected in accounting as expenses for the reporting period in which these changes occurred. Thus, contributions to the reserve must be reflected in accounting at the frequency with which the organization prepares its financial statements (Article 15 of the Law of December 6, 2011 No. 402-FZ).

The amounts of created reserves for doubtful debts are included in the financial results and are reflected in the debit of account 91 “Other income and expenses” and the credit of account 63 “Provisions for doubtful debts”.

The write-off of a bad debt, previously recognized as doubtful in accounting, for which a reserve was formed, is reflected by an accounting entry in the debit of account 63 “Provisions for doubtful debts” in correspondence with account 62 “Settlements with buyers and customers” or account 76 “Settlements with various debtors and creditors."

A bad debt in an amount exceeding the reserve created for this debt is written off as a debit to account 91 “Other income and expenses.”

Debt written off after the expiration of the limitation period is reflected in off-balance sheet account 007 “Debt of insolvent debtors written off at a loss” for 5 years from the date of write-off to monitor the possibility of its recovery in the event of a change in the debtor’s property status.

In the event of receipt of payment for receivables for which reserves were previously formed (or a change in the reliability data of the counterparty in a positive direction), the amounts of reserves are subject to restoration. In accounting, the amounts of restored reserves are reflected in the debit of account 63 “Provisions for doubtful debts” in correspondence with account 91 “Other income and expenses”.

Inventory of reserve for doubtful debts

The basic requirements for inventory of the reserve for doubtful debts in accounting are defined in paragraph 3.54 of the Methodological Instructions for conducting an inventory of property and financial liabilities.

Monitoring of accounts receivable for each debt for the creation or use of a reserve for doubtful debts must be carried out continuously. It must be carried out on the date of preparation of financial statements.

For five years after writing off a bad receivable, it is necessary to monitor the possibility of its collection if the debtor’s property status changes.

Reflection of the reserve in the financial statements

In the financial statements, show accounts receivable minus the created reserve. Disclose information about the created reserve in the notes to the Balance Sheet and the Statement of Financial Results. This procedure is established by PBU 4/99 clause 35.

In the future, the created reserve can be:

• restored when the debt is repaid (in this case, the amount of the restored reserve is included in other income and reflected in account 91 “Other income and expenses”);
• restored due to lack of payment from the buyer based on the results of the year following the year the reserve was created (paragraph 4, clause 70 of the Accounting and Reporting Regulations), while the amount of the restored reserve is included in other income in account 91 “Other income and expenses";
• used, that is, bad receivables will be written off from the reserve (clause 77 of the Accounting and Reporting Regulations).

Carrying forward the reserve to the next year

In accordance with the Regulations on Accounting and Reporting in the Russian Federation No. 34n, paragraph 70, if by the end of the year following the year of creation of the reserve, its value is not fully spent, then the balance of the reserve is subject to inclusion in the financial results of the reporting year. It follows from this that if the debt remains doubtful at the end of 2015, then the unused balance of the reserve should be attributed to account 91 subaccount “Other income”. The requirements of PBU No. 34n determine that the amount of doubtful debts must be taken into account again before preparing annual reports when creating a reserve at the end of 2015.

We propose to make only an adjustment to the reserve at the end of the year, i.e. increase or decrease the amount of the reserve, rather than write off the entire amount of the unused reserve and then restore it. This scheme will allow you to avoid additional entries in account 91 and not overstate the indicators also reflected in the financial results statement.

Example

The organization LLC "Doubtful" entered into a supply agreement No. 451 dated June 16, 2014 with LLC "Phantom" for a total amount of 525,750 rubles. (including VAT 18% - RUB 80,199). The buyer violated the terms of the contract by missing the payment deadline. At the time of payment, Doubtful LLC paid the amount of 229,800 rubles. (including VAT 18% - 35,054 rubles).

Phantom LLC recognized doubtful accounts receivable for the remaining part of the debt (after paying part of the accounts payable (525,750 - 229,800 = 295,950 rubles)) and accrues a reserve for doubtful accounts: as of 08/31/2014 in the amount of 50% of the amount of debt ( period of occurrence from 45 to 90 calendar days). The amount of the reserve amounted to 147,975 rubles.

Upon receipt of partial payment from the buyer towards the debt in the amount of RUB 200,000.00. (including VAT 18% - RUB 30,508.47) the reserve for the paid part of the debt is restored.

Products sold by LLC "Doubtful"

Debit 62.01 Credit 90.01 - 525750

VAT charged on sales

Debit 90.03 Credit 68.02 - 80199

The cost of goods sold is reflected

Debit 90.02 Credit 41.01 - 375000

Part of the debt was paid by the buyer of Doubtful LLC

Debit 51 Credit 62.01 - 229800

A reserve has been accrued for the recognized debt of Doubtful LLC (duration period from 45 to 90 days)

Debit 91.02 Credit 63 - 147975

Payment received from buyer LLC "Doubtful"

Debit 51 Credit 62.01 - 200000

Restoring the reserve for the paid part of the debt

Debit 63 Credit 91.01 - 200000

Help for calculating reserves for doubtful debts

			Doubtful debt			Reserves			All that remains is to accrue
Counterparty agreement	Payment term, number of days due	Sum		Accrued earlier	Accrued. If (2) is greater than or equal to 45 days (3)/2, 2 is greater than 90 days (3)*(4)		Recovery (4) is greater than (3), then (4)-(3)	Attached to income (expenses)		Amount (4)*(5)-(6)	It remains to add (3) - (8)
LLC "Doubtful" agreement dated June 16, 2014	21.06.2014	525750		-	147975		-	-		147975	147975
August	71	525750		-	147975		-	-		147975	147975

Let's consider another example characterizing the write-off of bad receivables (at the expense of the reserve).

Bars LLC completed and delivered the design work to Beznadezhny LLC, which did not make payment under the contract. Based on the results of an inventory of accounts, Bars LLC recognized doubtful accounts receivable that were not repaid on time. According to the accounting policy, Bars LLC applies the accrual method and creates a reserve for doubtful debts in accounting and tax accounting. After the expiration of the statute of limitations, the identified debt was legally recognized as hopeless (uncollectible) and written off.

A year after the debt is written off, Beznadezhny LLC pays off its debt.

12/31/2014 Bad debt was written off using the created reserve for doubtful debts

Debit 63 Credit 62.01 - 1250407 rub.

The written-off bad debt of Beznadezhny LLC is taken into account off the balance sheet.

Debit 007 - 1250407 rub.

Beznadezhny LLC paid the debt

Debit 51 Credit 62.01 - 1250407 rub.

Previously written off debt is included in other income

Debit 62.01 Credit 91.01 - 1250407 rub.

The amount of repaid debt is written off from the off-balance sheet account

Credit 007

Tax accounting

A doubtful debt for the purpose of forming reserves in tax accounting is a debt to a taxpayer in connection with the sale of goods, performance of work, provision of services if this debt is not repaid within the time limits established by the agreement and is not secured by a pledge, surety, or bank guarantee.

The amounts of reserves for doubtful debts are determined based on the results of the inventory of receivables carried out on the last day of the reporting (tax) period. Taxpayers who pay advance payments based on actual profits calculate reserves at the end of each month, other taxpayers - at the end of the 1st, 2nd, 3rd quarter and at the end of the year. Amounts of contributions to reserves are included in non-operating expenses

The amount of contributions to the reserve is determined for each doubtful debt depending on the period of delay:

Attention! It should be remembered that in tax accounting there is a limitation on the maximum amount of the reserve - it should not exceed 10% of the revenue of the period for which the reserve is created. In this case, the organization, at its discretion, can set a lower limit on contributions to the reserve (for example, 5% of revenue).

When writing off debt due to the expiration of the statute of limitations, write-off for tax accounting purposes should be carried out in the reporting period when the specified period expired, and not when the organization conducted an inventory and issued an order (Letter of the Ministry of Finance of Russia dated January 28, 2013 No. 03-03- 06/1/38).

Thus, timely inventory of debt (at least on the last day of each reporting period for income tax) is in the interests of the organization itself, so as not to make adjustments to the submitted tax returns, as well as to ensure that data on debt write-off in tax and accounting records coincided.

As you remember, you create a reserve based on the size of the debt that the Tax Code of the Russian Federation allows you to classify as doubtful.

Therefore, you need to identify debts that simultaneously meet the following conditions:

• related to the sale of goods, works, services;
• not repaid within the period established by the contract;
• are not secured by collateral, surety or bank guarantee.

Next, the amount of the reserve created in the next reporting (tax) period is determined (subject to the limit of 10 percent of the amount of revenue). Please note that revenue is determined excluding VAT.

Then it is necessary to determine the maximum amount of contributions to the reserve (PSO).

Let's use the formula: PSO = B x 10%,

where B is the amount of revenue from the sale of goods (work, services, property rights) received based on the results of the reporting (tax) period.

You can create a reserve in an amount less than 10% of the revenue of the reporting (tax) period. The Tax Code of the Russian Federation does not prohibit this, and the courts confirm it (see Resolution of the Federal Antimonopoly Service of the North Caucasus District dated October 25, 2004 N F08-5008/2004-1902A). Such a solution may be appropriate in situations where contributions to the reserve according to the general standard of 10% will lead to a loss or zero financial result (for example, with high revenue but small profit). Your standard should be indicated in the accounting policy for tax purposes.

Finally, the reserve should be adjusted to reflect the prior period balance.

Results:

RSO > or = PSO, the amount of deductions corresponding to PSO is included in the reserve.

RSO< ПСО, в резерв включается сумма отчислений, соответствующая РСО.

The amount of deductions determined in this way is included in non-operating expenses on the last day of the reporting (tax) period (clause 3 of Article 266, clause 7 of clause 1 of Article 265, clause 2 of clause 7 of Article 272 of the Tax Code of the Russian Federation).

Example

Breeze LLC recorded in its accounting policy for 2014 the creation of a reserve for doubtful debts for tax purposes. At the beginning of the fourth quarter, the balance of the reserve amounted to 36,500 rubles. The amount of revenue for 2014 is 12,567 thousand rubles.

As of December 31, the accountant identified overdue receivables for payment of goods supplied to contractors

Counterparty	Amount of debt according to the contract, including VAT (rub.)	The amount that can be recognized as doubtful debt for the purposes of creating a reserve, including VAT (rub.)	Overdue period	Amount of contributions to the reserve (RUB)
LLC "Sigma"	98000	98000	98 days	98000
Toro LLC	216 380	216380	59 days	108190 (216380×50%)
Transsbyt LLC	97600	97600	11 days	-
Melchior LLC	287400	230400 (287400 - 57000)	75 days	115200 (230400 × 50%)
Total				321390

In addition, Breeze LLC has accounts payable to Melchior LLC for payment for advertising services in the amount of 57,000 rubles.

Then the accountant determined the amount of contributions to the reserve - he showed them in the table. The reserve limit is RUB 1,256,700. (RUB 12,567,000 × × 10%).

The calculated deductions to the reserve for doubtful debts (RUB 321,390) do not exceed its maximum amount. Therefore, the amount of the reserve will be 321,390 rubles.

In non-operating expenses as of December 31, 2014, the accountant took into account deductions to the reserve in the amount of RUB 321,390. The accountant did not identify any bad debts that could be written off using the reserve. Therefore, the LLC transfers the unused balance of the reserve in the amount of 321,390 rubles to the next year.

If a reserve for doubtful debts is not created in tax accounting next year, then the amount of the unused balance of the reserve at the end of the year must be included in non-operating income.

Bottom line!

Users of financial statements see the actual amount of accounts receivable taking into account the calculated reserve and can correctly assess the financial condition of the organization.

Yu.V. Kapanina, certified tax consultant

Provision for doubtful debts

How to calculate it and reflect it in the declaration

ATTENTION

If you have not created a reserve before, you can start doing so in the new year by securing your decision in your accounting policies. Art. 313 Tax Code of the Russian Federation; Letter of the Federal Tax Service for Moscow dated June 20, 2011 No. 16-15/ [email protected] .

Let's consider this situation. Your company using OSNO has counterparties who were unable to pay their obligations on time. As a result, a significant amount of receivables was formed. In addition, you have doubts that these debts will be returned to you at all. In this case, it makes sense to create a reserve for doubtful debts. Art. 266 Tax Code of the Russian Federation. With its help, you can quickly take into account possible losses from hopeless debts in your expenses. subp. 7 clause 1 art. 265 Tax Code of the Russian Federation. The reserve will also allow you to coordinate the taxation of profits with the real financial condition of your company.

You will learn from our article how to form, use such a reserve and reflect all this in your tax return.

Formation of a reserve for doubtful debts

To determine the amount of the reserve, you need to take an inventory of accounts receivable on the last day of each reporting (tax) period and clause 4 art. 266 Tax Code of the Russian Federation, based on the results of which, draw up an act (according to a form developed independently, or according to a unified form No. INV-17 Art. 9 of the Law of December 6, 2011 No. 402-FZ).

Of all the receivables, you need to highlight the one that is doubtful. After all, it is precisely such debts that will participate in the formation of the reserve.

Debt is considered doubtful for the purposes of creating a reserve in tax accounting only if the following conditions are met: clause 1 art. 266 Tax Code of the Russian Federation:

• the debt arose in connection with the sale of goods, performance of work or provision of services.

Debt formed for other reasons is not doubtful for the purposes of creating a reserve. For example, the debt for the listed prepayment (advance payment), if the goods were not shipped (work was not completed, services were not provided) by the supplier within the period established by the contract, for the payment of sanctions for violation of contractual terms, under loan agreements Letters of the Ministry of Finance dated 04.09.2015 No. 03-03-06/2/51088, dated 23.10.2012 No. 03-03-06/1/562 (clause 4), dated 24.07.2013 No. 03-03-06/1/ 29315, dated 02/04/2011 No. 03-03-06/1/70;

• the debt is not repaid within the terms established by the agreement;
• the debt is not secured by collateral, surety, or bank guarantee.

Next, look at the period of delay and clause 4 art. 266 Tax Code of the Russian Federation:

• <если>delay of less than 45 calendar days - the debt is not included in the reserve;
• <если>delay from 45 to 90 calendar days (inclusive) - 50% of the debt amount is included in the reserve;
• <если>delay of more than 90 calendar days - the entire amount of the debt is included in the reserve.

Please note that the debt is taken into account together with VAT Letter of the Ministry of Finance dated June 11, 2013 No. 03-03-06/1/21726.

In this case, the amount of the created reserve should not exceed 10% of the revenue of the reporting (tax) period (excluding VAT) clause 4 art. 266 Tax Code of the Russian Federation; Letter of the Ministry of Finance dated 04/06/2015 No. 03-03-06/4/19198.

Amounts of contributions to the reserve are included in non-operating expenses on the last day of the reporting (tax) period and clause 3 art. 266, sub. 7 clause 1 art. 265 Tax Code of the Russian Federation.

Example. Creation of a reserve for doubtful debts

/ condition / The company first decided to create a reserve for doubtful debts on January 1, 2015. The company's revenue (excluding VAT) for the first quarter of 2015 amounted to RUB 2,600,000.

/ solution / We will calculate the amount of contributions to the reserve in the first quarter based on the amount of debt and the number of days of delay.

Then we will determine the maximum amount of contributions to the reserve based on the amount of revenue. In the first quarter it will be equal to 260,000 rubles. (RUB 2,600,000 x 10%).

Next, let’s compare the estimated amount of deductions with the maximum amount. Since 436,000 rub. > 260,000 rubles, then a reserve in the first quarter is created in the amount of 260,000 rubles. On March 31, 2015, this amount is included in non-operating expenses in full, since the reserve had not been created before.

Expenses in the form of deductions to the created reserve for doubtful debts are not reflected separately. This amount, together with other non-operating expenses, is indicated on line 200 of Appendix No. 2 to sheet 02 of the declaration. Next, the data from line 200 of Appendix No. 2 to sheet 02 is transferred to line 040 of sheet 02 of the declaration.

Transfer of reserve

If you did not use (or did not fully use) the created reserve in the reporting (tax) period, then its amount is transferred to the next reporting (tax) period. In this case, the amount of the reserve newly created in the current quarter must be adjusted by the amount of this unused portion and clause 5 art. 266 Tax Code of the Russian Federation. Then at the end of the next quarter you need:

• again take inventory of debts and identify doubtful ones;
• calculate the amount of the new reserve based on the debtors' arrears in a manner similar to that previously described, and taking into account the limitation of 10% of the revenue of the corresponding reporting (tax) period;
• compare the amount of the new reserve with the balance of the unused one (that is, with the amount of the reserve created in the previous period, minus the bad debts written off from the reserve):

• <если>the amount of the new reserve is less than the unused balance of the reserve, then the difference is included in non-operating income of the current reporting (tax) period and clause 7 art. 250, paragraph 5 of Art. 266 Tax Code of the Russian Federation;
• <если>the amount of the new reserve is greater than the unused balance, then the difference is included in non-operating expenses of the current reporting (tax) period and subp. 7 clause 1 art. 265, paragraph 3 of Art. 266 Tax Code of the Russian Federation.

Pay attention to the sequence of actions. First, you need to compare the estimated amount of contributions to the reserve with the 10% limit on revenue and only then adjust the newly created reserve by the balance of the reserve for the previous period. Resolution of the Federal Antimonopoly Service of the Moscow Region dated September 6, 2013 No. A40-106629/11-91-444.

Example. Transfer of unused reserve to the next reporting period

/ condition / Let's continue the previous example. Revenue (excluding VAT) for the first half of 2015 - RUB 4,100,000. Bad debt was not written off from the reserve in the first quarter of 2015. The unused balance of the reserve as of April 1, 2015 is RUB 260,000.

/ solution / Based on the results of the inventory carried out as of June 30, 2015, no new debts appeared. In May, Debtor 4 paid for services rendered.

The delay on all debts is now more than 90 calendar days, so the entire amount of doubtful debts, except for the loan debt, is included in the formation of the reserve. The estimated amount of contributions to the reserve is RUB 873,000. (RUB 293,000 + RUB 580,000).

The maximum amount of contributions to the reserve is RUB 410,000. (RUB 4,100,000 x 10%), we create a reserve for this amount, since it is less than the estimated amount of contributions to the reserve (RUB 873,000).

Then we adjust the newly created reserve (410,000 rubles) by the unused balance (260,000 rubles). Since the new reserve is greater than the transferred balance, the difference is RUB 150,000. (410,000 rubles – 260,000 rubles) are included in non-operating expenses on June 30, 2015.

In the income tax return the amount of contributions to the reserve (cumulative total of 260,000 rubles + 150,000 rubles = 410,000 rubles) is reflected in the total amount of non-operating expenses on line 200 of Appendix No. 2 to sheet 02 of the declaration and line 040 of sheet 02 of the declaration.

Using the reserve

The amount of the reserve in tax accounting can be used by the company only to cover losses from bad debts clause 4 art. 266 Tax Code of the Russian Federation.

As you know, debts are considered bad (uncollectible) clause 2 art. 266 Tax Code of the Russian Federation if one of the following events occurs:

• <или>the statute of limitations has expired (in general, it is 3 years from the day you learned or should have learned about the violation of your right, but for some requirements the law establishes a special period and) Articles 196, 197 of the Civil Code of the Russian Federation;
• <или>the debtor organization was liquidated, including excluded from the Unified State Register of Legal Entities as an inactive legal entity Art. 61, paragraph 9 of Art. 63, paragraph 2 of Art. 64.2 Civil Code of the Russian Federation; Letters of the Ministry of Finance dated January 23, 2015 No. 03-01-10/1982, dated July 24, 2015 No. 03-01-10/42792;
• <или>the obligation is terminated due to the impossibility of fulfilling it (for example, due to force majeure) or on the basis of an act of a government agency (for example, by a court decision, the debtor entrepreneur is declared bankrupt Letter of the Ministry of Finance dated May 25, 2015 No. 03-03-06/1/29969);
• <или>the bailiff issued a decision to complete the enforcement proceedings and return the writ of execution to the creditor due to the impossibility of collection Letters of the Ministry of Finance dated March 27, 2015 No. 03-03-06/1/17107, dated July 27, 2015 No. 03-03-06/1/43049.

Thus, if, after accruing the reserve, you recognize any debt as bad, then the amount of this debt is not included in expenses, but is written off against the reserve.

If the created reserve is not enough to cover all bad debts, then the amount by which the bad debt exceeds the reserve must be included in non-operating expenses subp. 2 p. 2 art. 265, paragraph 5 of Art. 266 Tax Code of the Russian Federation.

Example. Use of the provision for doubtful debts in the third quarter

/ condition / Let's continue our example. Revenue (excluding VAT) for 9 months of 2015 - RUB 6,700,000. The unused balance of the reserve as of July 1, 2015 is RUB 410,000.

In August, the company received documents on the liquidation of Debtor 2 and his debt was recognized as uncollectible.

/ solution / Recognized as bad debt in the amount of RUB 580,000. written off against the reserve. At the same time, the amount of the formed reserve is 410,000 rubles. not enough to pay off the full amount of the debt. The difference is 170,000 rubles. (RUB 580,000 – RUB 410,000) will be taken into account in non-operating expenses as of the date the debt is written off. On September 30, we again take inventory of accounts receivable. The company did not acquire any new debts.

The debt is overdue for more than 90 calendar days, and the reserve is formed based on the total amount of doubtful debt (without loan debt) of 293,000 rubles, which does not exceed the limit of 670,000 rubles. (RUB 6,700,000 x 10%). This means we create a new reserve in the amount of 293,000 rubles.

There is no unused balance of the reserve as of September 30, 2015, that is, it is actually equal to zero. Therefore, we take into account the entire amount of the new reserve in non-operating expenses.

In the income tax return reflect:

• contributions to the reserve (in our example, with a cumulative total of 410,000 rubles + 293,000 rubles = 703,000 rubles) in the total amount of non-operating expenses - according to line 200 of Appendix No. 2 to sheet 02 of the declaration;
• amounts of bad debts not covered by the reserve (170,000 rubles for our example) - on line 300 (in the total amount of losses equated to non-operating expenses) and line 302 (as a separate amount) of Appendix No. 2 to sheet 02 of the declaration;
• the amount of contributions to the reserve and the part of the bad debt written off directly as expenses (the sum of lines 200 and 300 of Appendix No. 2 to sheet 02 of the declaration) - on line 040 of sheet 02 of the declaration.

If you have a bad debt that did not participate in the formation of the “doubtful” reserve, then the question arises: should you write off such debt against the reserve or can it be taken into account directly in non-operating expenses?

The Ministry of Finance believes that any bad debt is written off from the reserve Letter of the Ministry of Finance dated July 17, 2012 No. 03-03-06/2/78. But YOU have a different position on this issue Resolution of the Presidium of the Supreme Arbitration Court of June 17, 2014 No. 4580/14. Senior judges indicated that the Tax Code rules on writing off bad debts from reserves apply only when such debt arose as a result of the sale of goods (performance of work, provision of services). Those debts that were not incurred in connection with the sale of goods (works, services) and did not participate in the creation of the reserve due to direct instructions of the law are immediately taken into account as part of non-operating expenses in subp. 2 p. 2 art. 265 Tax Code of the Russian Federation.

Example. Use of the reserve for doubtful debts in the fourth quarter

/ condition / Let's continue our example. Revenue (excluding VAT) for 2015 - RUB 9,500,000. The unused balance of the reserve as of October 1, 2015 is RUB 293,000. Debt of Debtor 3 in the amount of RUB 250,000. recognized as hopeless in November 2015 due to its liquidation.

/ solution / The debt of Debtor 3 to repay the loan did not participate in the formation of the “doubtful” reserve. We include its amount in non-operating expenses.

The results of the inventory of accounts receivable as of December 31, 2015 were as follows:

You have a new debtor, but the period of existence of this debt is not sufficient to include the amount of the debt in the created reserve. Therefore, the new reserve is formed only from the amount of debt of Debtor 1 - 293,000 rubles, which is less than the maximum amount of 950,000 rubles. (RUB 9,500,000 x 10%). Since the amount of the unused balance of the reserve carried over from the previous quarter is equal to the amount of the new reserve, no deductions are made to the reserve on December 31, 2015.

In the income tax return losses from writing off bad debts (for us - on a cumulative basis 170,000 rubles + 250,000 rubles = 420,000 rubles) are reflected on line 302 of Appendix No. 2 to sheet 02, as well as in the total amount on line 300 of Appendix No. 2 to sheet 02. And then the sum of lines 200 and 300 of Appendix No. 2 to sheet 02 is indicated in line 040 of sheet 02.

Please note that the reserve will be formed in the first quarter of next year. The fact is that its size will depend on the revenue for January - March, and the transferred balance of last year's reserve was calculated taking into account the revenue for the entire previous year. And it may happen that when adjusting the new reserve created on March 31, 2016, for the unused balance, you will have a difference that will have to be included in non-operating income.

Example. Adjustment of the reserve in the first quarter of next year

/ condition / Let's return to our example. The organization continues to create a reserve in 2016. Revenue (excluding VAT) for the first quarter of 2016 - RUB 1,200,000. The unused balance of the reserve as of January 1, 2016 is RUB 293,000.

The debts are overdue for more than 90 calendar days, and in calculating the reserve we take 100% of doubtful debts - 411,000 rubles. (RUB 293,000 + RUB 118,000).

We calculate the maximum amount of the reserve based on the revenue of the first quarter. It is equal to 120,000 rubles. (RUB 1,200,000 x 10%) and less than the estimated amount of debts (RUB 411,000). We create a new reserve for it.

Next, we adjust the newly created reserve for last year’s balance (RUB 293,000). We have a difference of 173,000 rubles. (293,000 rubles – 120,000 rubles), which must be taken into account on 03/31/2016 in non-operating income.

In the income tax return We will reflect this amount on line 100 of Appendix No. 1 to sheet 02 of the declaration along with the rest of non-operating income, and then transfer it to line 020 of sheet 02 of the declaration.

If at the end of the year you have an unused reserve for doubtful debts, but in the new year you decide not to create such a reserve anymore, then you need to:

• make appropriate changes to the tax accounting policy;
• include the entire unused amount of the reserve on December 31 of the current year in non-operating income;
• the amount of the restored reserve should be reflected on line 100 of Appendix No. 1 to sheet 02 of the declaration and on line 020 of sheet 02 of the declaration as part of the total amount of non-operating income in clause 5.2 of the procedure for filling out the declaration, approved. By Order of the Federal Tax Service dated November 26, 2014 No. ММВ-7-3/600@.