Expenses for the acquisition of shares tax accounting. How to reflect in accounting and taxation the acquisition of shares (stakes) of other organizations. Decrease in authorized capital

Securities are accounted for in accounts as financial investments. These include:

• Shares and checks;
• Bonds and bills of lading;
• Bills and mortgages;
• Units of investment funds.

Before classifying an asset as a security, make sure that it meets the criteria specified in the Civil Code and the Federal Law on valuable papers ah No. 39-FZ of 04/22/1996

Accounting for securities in accounting

Active account 58 is designed to account for the financial investments of the company. This rule is enshrined both in the provisions of PBU 19/02 and in the procedure set out in Order No. 94n of the Ministry of Finance dated October 31, 2000. Analytics for account 58 should be built in the context of objects and income from them. Papers in accounting should be divided into long-term and short-term.

The requirements of clause 3 of the PBU for accounting for financial investments exclude the following property of companies from the said assets:

• The shares of the firm itself, which it bought back from its shareholders in order to cancel them or resell them;
• Bills involved in transactions as a means of payment for products, goods, works.

It is necessary to take into account a security that meets the criteria of the Civil Code and RAS at historical cost. Details on how to keep records of shares in accounting are disclosed in the above-mentioned order No. 94n of the Ministry of Finance. The accounting entries will be as follows:

Accounting for shares in accounting: postings

Accounting for securities in accounting is carried out according to sub-accounts, depending on the type of asset. For this, the following analytics are provided:

A bill of exchange can be taken into account as financial investment if it satisfies the following conditions:

• has an appropriate name, that is, a bill;
• is an offer to make a payment;
• the full details of the payment are indicated;
• there is information to whom the payment is made;
• the form is certified by the signature of the drawer.

A share is an issuance security that secures the rights of its owner (shareholder) to receive a part of the profit of a joint-stock company in the form of dividends, to participate in the management of a joint-stock company and to part of the property remaining after its liquidation (Article 2 of the Federal Law of April 22, 1996 No. 39 -FZ "On the securities market"). A share is a registered security.

Distinguish between ordinary and preferred shares, distributed by open or closed subscription. The owners of ordinary shares of the company may participate in the general meeting of shareholders, have the right to vote on all issues within its competence and the right to receive dividends, and in the event of liquidation of the company they have the right to receive part of the property (Article 31 of the Federal Law of December 26, 1995 No. 208-FZ ). Each ordinary share gives its owner the same amount of rights and is not subject to conversion into other securities.

Joint-stock companies may issue several types of preferred shares, and the charter of the company must determine the amount of the dividend and (or) the value paid upon liquidation of the company () on preferred shares of each type. It also determines the order in which dividends are paid and the liquidation value of each type of preferred shares.

There are cumulative and convertible shares. On preferred cumulative shares, the unpaid or not fully paid dividend is accumulated and paid no later than the period specified by the charter of the joint-stock company.

The charter of the company may provide for the conversion of preference shares of a certain type into ordinary shares or preference shares of other types at the request of shareholders - their owners or the conversion of all shares of this type within the time period specified by the charter of the company. The conversion of preferred shares into bonds and other securities, with the exception of shares, is not allowed. The conversion of preference shares into ordinary shares and preference shares of other types is allowed only if it is provided for by the charter of the company, as well as during the reorganization of the company.

Shareholders - owners of preference shares of a certain type, the amount of dividend for which is determined in the company's charter, with the exception of shareholders - owners of preference cumulative shares, have the right to participate in the general meeting of shareholders with the right to vote on all issues of its competence, starting from the meeting following the annual general meeting of shareholders, at which, regardless of the reasons, a decision was not made to pay dividends or a decision was made to pay incomplete dividends on preferred shares of this type. The right of shareholders - owners of preference shares of this type to participate in the general meeting of shareholders shall be terminated from the moment of the first payment of dividends on the said shares in full.

Shareholders - owners of cumulative preference shares of a certain type have the right to participate in the general meeting of shareholders with the right to vote on all issues within its competence, starting from the meeting following the annual general meeting of shareholders, at which a decision was to be made on the payment of these shares in full accumulated dividends, if such a decision was not made or a decision was made on incomplete payment of dividends. The right of shareholders - owners of cumulative preference shares of a certain type to participate in the general meeting of shareholders shall be terminated from the moment of payment of all dividends accumulated on these shares in full.

Often, organizations in the implementation of financial economic activity free cash invest in securities (including shares) of other enterprises. This type of investment refers to financial investments (clause 3 of the Regulation on accounting"Accounting for financial investments" PBU 19/02, approved by the Order of the Ministry of Finance of the Russian Federation dated December 10, 2003 No. 126n).

According to paragraphs 43 and 44 of the Regulations on accounting and financial statements in Russian Federation, approved by Order of the Ministry of Finance of the Russian Federation of July 29, 1998 No. 34n, investments in securities of other organizations are classified as financial investments and are accepted for accounting in the amount of actual costs for the investor.

According to paragraph 9 of PBU 19/02, the initial cost of financial investments purchased for a fee is the amount of the organization's actual costs for their acquisition, with the exception of value added tax and other refundable taxes (except as provided by the legislation of the Russian Federation on taxes and fees).

The actual costs of acquiring assets as financial investments are:

Amounts paid in accordance with the contract to the seller;

Amounts paid to organizations and other persons for information and consulting services related to the acquisition of these assets. If an organization has been provided with information and consulting services related to making a decision on the acquisition of financial investments, but it does not make a decision on such an acquisition, then the cost of these services is attributed to the financial results of a commercial organization (as part of operating expenses) or to an increase in the expenses of a non-profit organization of that reporting period. the period when the decision was made not to acquire financial investments;

Remuneration paid to an intermediary organization or other person through which assets are acquired as financial investments;

Other costs directly related to the acquisition of assets as financial investments.

According to the Chart of Accounts for the financial and economic activities of organizations and the Instructions for its application, approved by Order of the Ministry of Finance of the Russian Federation of October 31, 2000 No. 94n, account 58 "Financial investments" / sub-account is intended to summarize information on the movement and availability of investments in shares of other organizations 58-1 "Shares and shares." Acquisition of shares for a fee is recorded in the debit of the account / sub-account 58-1 in correspondence with cash or settlement accounts. An account can be used to account for settlements with a counterparty that is the seller of shares.

Proceeds from the sale of shares of third-party organizations are operating income for the organization, as well as proceeds from the sale of other assets other than cash (except for foreign currency), products, goods (clause 7 of the Accounting Regulation "Income of the organization" RAS 9/99, approved Order of the Ministry of Finance of the Russian Federation dated May 6, 1999 No. 32n). In accordance with paragraph 16 of PBU 9/99, these receipts are recognized in accounting if the conditions provided for in paragraph 12 of PBU 9/99 exist.

In accordance with the Instructions for the application of the Chart of Accounts, account 91 “Other income and expenses” / sub-account 91-1 “Other income” is intended to be reflected in the accounting of operating income. Proceeds from the sale of shares of third-party organizations, upon recognition in accounting, are reflected in the credit of the account / sub-account 91-1 in correspondence with the cash or settlement accounts, in this case with account 76 “Settlements with various debtors and creditors”. The account can be used to record settlements with an individual who purchases shares. The book value of the sold shares is debited from the credit of the account /subaccount 58-1 to the debit of account 91 "Other income and expenses" /subaccount 91-2 "Other expenses".

Example.

In October 2002, an organization that is not a professional participant in the securities market purchased 1,000 shares of OJSC shares circulating on the organized securities market at a price of 215 rubles. per share. The par value of a share is 200 rubles. In December, all shares were sold at a price of 200 rubles. per share to an individual who is not an employee of the organization and is not registered as an entrepreneur. The deal was made outside organized market valuable papers. As of the date of sale of shares, the weighted average market price of one share, calculated by the organizer of trading on the securities market, was 256 rubles, the minimum price of a transaction with these shares on the organized securities market was 237 rubles.

In this case, the shares were sold to an individual at a price below the market price. In accordance with subparagraph 3 of paragraph 1 of Article 212 of the Tax Code of the Russian Federation to the tax base for income tax individuals includes the material benefit received by an individual from the acquisition of securities. Paragraph 4 of Article 212 of the Tax Code of the Russian Federation states:

4. When a taxpayer receives income in the form of material benefit specified in subparagraph 3 of paragraph 1 of this article, the tax base is defined as the excess of the market value of securities, determined taking into account the marginal limit of fluctuations in the market price of securities, over the amount of the taxpayer's actual expenses for their acquisition.

The procedure for determining the market price of securities and the marginal limit for fluctuations in the market price of securities is established by the federal body that regulates the securities market.

According to Article 40 of the Federal Law of April 22, 1996 No. 39-FZ “On the Securities Market”, this body is the Federal Commission for the Securities Market (FCSM).

If an individual has acquired tradable securities at a price below the market price, determined taking into account the maximum fluctuation limit, then the tax base for the purposes of applying paragraph 4 of Article 212 of the Tax Code of the Russian Federation is calculated as the difference between the market price of such securities, adjusted taking into account the maximum fluctuation limit, and the actual expenses individual to purchase them. Such clarifications are given by the Ministry of Taxes and Taxes of the Russian Federation in Letter No. VB-6-04/619 dated August 14, 2001.

The procedure for calculating the market price of emissive securities admitted to circulation on the stock exchange or through a trade organizer on the securities market was approved by Order No. 1087-r of the Federal Securities Commission of the Russian Federation dated October 5, 1998. The same order also approved the procedure for establishing the maximum limit for fluctuations in the market price of securities.

In accordance with paragraph 1 of the said Procedure, the maximum limit for market price fluctuations is 19.5%.

The material benefit from the acquisition by an individual of shares is calculated as follows ((256 - 256 x 19.5%) x 1000 - 205 x 1000) and will amount to 1080 rubles.

In accordance with subparagraph 3 of paragraph 1 of Article 223 of the Tax Code of the Russian Federation, the date of actual receipt of income in the form of material benefit from the acquisition of securities by an individual is the day the individual acquires securities, taxation of material benefits is carried out at a rate of 13%, which follows from paragraph 1 of Article 224 of the Tax Code RF.

The organization from which the taxpayer received income, in accordance with paragraph 1 of Article 226 of the Tax Code of the Russian Federation, is obliged to calculate, withhold from the taxpayer and pay to the budget the amount of tax on personal income. In accordance with paragraph 4 of Article 226 of the Tax Code of the Russian Federation, the withheld amount of tax is made by the tax agent at the expense of any funds paid by the tax agent to the taxpayer.

If it is impossible to withhold the calculated amount of tax from the taxpayer, then the tax agent, in accordance with paragraph 5 of Article 226 of the Tax Code of the Russian Federation, is obliged, within one month from the moment the relevant circumstances arise, to inform the tax authority at the place of its registration in writing about the impossibility to withhold tax and the amount of the taxpayer's debt.

An organization can receive shares (stakes) of another organization not only as a founder during the initial placement of shares (distribution of shares), but also acquire them under a sale and purchase agreement from a shareholder (participant) of the company (clauses 2, 4 of article 454 of the Civil Code of the Russian Federation).

Attention: the acquisition of shares (shares) must be notified to the tax office. There are penalties for violating this order.

Within a month from the date of acquisition of shares or shares, send a notice of participation to your tax office:

• in Russian organizations in the form No. C-09-6, approved by order of the Federal Tax Service of Russia dated June 9, 2011 No. ММВ-7-6/362;

• in foreign organizations in the form to be developed by the Federal Tax Service of Russia (letter of the Federal Tax Service of Russia dated January 16, 2015 No. ОА-3-17/87).

The exception is participation in business partnerships and LLC, or if the share of such participation is not more than 10 percent. There is no need to report these facts to the inspection.

This procedure is established by subparagraph 2 of paragraph 2 and subparagraph 1 of paragraph 3.1 of Article 23 tax code RF.

Do this regardless of the following factors:

• whether the organization is a professional participant in the securities market or not;

• what is the purpose for which the shares (shares) were acquired: income generation, further resale, etc.

This follows from the letters of the Ministry of Finance of Russia dated July 17, 2008 No. 03-02-07 / 1-290, dated January 28, 2008 No. 03-02-07 / 1-34.

If you do not notify the tax office about the acquisition of shares (shares), during the audit, the organization may be involved in tax liability under paragraph 1 of Article 126 of the Tax Code of the Russian Federation (see, for example, the decision of the Federal Antimonopoly Service of the Urals District of July 9, 2008 No. F09-4833 / 08-C3). According to decisions of tax inspectorates made after September 2, 2010 (the date of entry into force of the Law of July 27, 2010 No. 229-FZ), the amount of the fine may be 200 rubles. for each document not submitted. This follows from the provisions of paragraphs 1 and 12 of Article 10 of the Law of July 27, 2010 No. 229-FZ.

Situation: when does the ownership of the share and other rights arising from the acquisition of the share pass to the buyer?

A share is a registered issue security (Article 2 of the Law of April 22, 1996 No. 39-FZ). It is issued only in non-documentary form (Article 16 of the Law of April 22, 1996 No. 39-FZ). Therefore, the moment of transfer of ownership of shares depends on how the accounting of rights to this security is organized.

The right to a registered non-documentary security and the rights certified by it shall be transferred to the acquirer:

• from the moment of making a credit entry on the depo account of the organization-buyer - in the case of accounting for rights to securities in the depository;

• from the moment of making a credit entry on the personal account of the buyer's organization - in the case of recording the rights to securities in the system of maintaining the register of securities.

Documenting

Confirm the fact of receiving shares (shares) as a result of a transaction for the purchase and sale of financial investments primary document . Compose it in any form (paragraphs 1, 4, article 9 of the Law of December 6, 2011 No. 402-FZ). For example, it could be act of acceptance and transfer of shares (shares) , containing all the required details in accordance with paragraph 2 of Article 9 of the Law of December 6, 2011 No. 402-FZ. In addition, extracts from a depo account or securities register may be required to confirm the purchase of shares. This is due to the special procedure for the transfer of ownership of this species assets.

Situation: how to draw up a contract for the sale of shares (shares) of another organization?

Transactions of organizations among themselves, with entrepreneurs and citizens must be concluded in writing (clause 1, article 161 of the Civil Code of the Russian Federation). Consequently, the contract for the sale of financial investments must be drawn up in writing (clause 2, article 454 of the Civil Code of the Russian Federation).

Specify in the contract, in particular:

• details of the buyer and seller;

• data on the object of sale, allowing to identify it (for example, series, number, issuer, denomination stock);

• the value of the object of sale;

• other material conditions on which, in the opinion of any of the parties, an agreement should be reached (for example, payment terms, penalties, etc.).

The conclusion of a written contract may be considered not only the drawing up of a single document, but also the exchange of documents by electronic, postal or other communication. An example of such an exchange is the correspondence of the parties to the transaction, from which the intention to sell and buy a certain number of shares at a certain price clearly follows.

This procedure follows from Article 432 and paragraph 1 of Article 454 of the Civil Code of the Russian Federation.

accounting

For accounting purposes, shares (stakes) acquired from another organization are financial investments (clauses 2 and 3 of PBU 19/02). Take them into account on account 58 “Financial investments”, subaccount 1 “Shares and shares”.

When acquiring shares (shares), make the following entry:

Debit 58-1 Credit 76
- acquired shares (shares).

This follows from the Instructions for the Chart of Accounts.

Analytical accounting of received shares (shares) can be organized:

• by the piece (i.e., each share or share);

• homogeneous aggregates (i.e., for example, series, batches, etc.).

At the same time, the following information should be disclosed in analytical accounting: the name of the issuer, number, series of securities, nominal price, purchase price, costs associated with the acquisition, total quantity, purchase date, storage location, etc.

Choose the accounting unit in such a way as to generate complete and reliable information about shares, ensure control over their presence and movement, and also streamline the work of accounting.

The choice of the unit of account and the rules for disclosing information on financial investments should be reflected in the accounting policy of the organization for accounting purposes.

This procedure is established by paragraphs 5-7 of PBU 19/02 and paragraphs 7-8 of PBU 1/2008.

Take into account the received financial investments at the initial cost. Include in it:

• the cost of acquiring shares (shares);

• the cost of information and consulting services related to the acquisition of shares (shares);

• remuneration of intermediaries through which shares (shares) are acquired;

• the amount of VAT on expenses directly related to the acquisition of shares (shares).

This procedure is established by paragraphs 8-9 of PBU 19/02, paragraph 2 of Article 170 of the Tax Code of the Russian Federation and subparagraph 12 of paragraph 2 of Article 149 of the Tax Code of the Russian Federation.

In the future, the value of the acquired share in the authorized capital of the organization does not change. An exception is the case when the increase in the authorized capital occurs due to the introduction of additional contributions by the founders. A decrease or increase in the authorized capital without attracting additional funds from the founder does not affect the cost of financial investments. This is due to the fact that when changing the authorized capital of an established organization, the founder does not incur any costs, and, therefore, the cost of financial investments reflected on account 58-1 “Shares and shares” is not subject to change. This procedure is established by paragraphs 8 and 18 of PBU 19/02.

Costs directly related to the acquisition of securities can also be taken into account in accounting not at their original cost, but as a lump sum as part of other expenses of the organization. The organization has the right to do so if the cost of acquiring securities (other than their value) deviates insignificantly from the amount of their acquisition. Expenses, the amount of which is recognized as insignificant, can be recognized as others in the reporting period in which the security was accepted for accounting, that is, capitalized on account 58-1 “Shares and shares”. This procedure is established by paragraph 11 of PBU 19/02 and the Instructions for the chart of accounts.

The opportunity to simultaneously take into account the cost of acquiring securities as part of the other expenses of the organization, as well as the criteria for the materiality of expenses, reflect in the accounting policy of the organization for accounting purposes (clauses 7 and 8 of PBU 1/2008).

Do not include general business expenses in the initial cost of shares (shares) (except when they are directly related to the acquisition of financial investments) (paragraph 8, clause 9, PBU 19/02). If the shares (stakes) were purchased with borrowed funds, do not include interest on loans and borrowings in the initial cost either (paragraph 7, clause 9 of PBU 19/02 and clause 7 of PBU 15/2008).

Situation: at what cost in accounting should the acquired shares circulating on the securities market be credited?

Account for purchased shares at historical cost .

The fact that the shares are traded on the securities market does not matter for the purposes of their posting in accounting (clauses 8 and 9 of PBU 19/02). This will be important in their further revaluation (Section III PBU 19/02) and disposal (Section IV PBU 19/02).

An example of accounting for the acquisition of shares in another organization

On May 6 LLC “Trading firm “Germes”” acquired a block of shares in JSC “Production firm “Master”” through an intermediary LLC “Alfa”. The number of purchased shares - 10 pieces. Purchase price - 6000 rubles. per share. Intermediary remuneration - 2360 rubles. (including VAT - 360 rubles).

Payment for the value of shares and remuneration to the intermediary "Hermes" transferred to the account of "Alfa" on May 12 in one payment order (the intermediary participates in the calculations).

Insignificant costs for the acquisition of financial investments "Germes" accounted for as part of other expenses. The materiality criterion established in the accounting policy of the organization is 5 percent of the cost of the acquired financial investment. The accounting unit of financial investments is a share.

To account for settlements with intermediaries, the Hermes accountant opened a sub-account “Settlements with intermediaries” for account 76 “Settlements with various debtors and creditors”.

On May 6, Hermes' accountant recorded the acquisition of 10 shares as follows:

Debit 58-1 Credit 76 sub-account "Settlements with intermediaries"
- 60,000 rubles. (6000 rubles × 10 pcs.) - shares of the Master organization were acquired.

At the same time, in the analytical accounting of "Hermes" as part of financial investments, there are 10 accounting units - 10 shares of "Master".

The remuneration of the intermediary in terms of its size is an insignificant expense, since it does not exceed 5 percent of the cost of incoming financial investments:
2360 rub. : (6000 rubles / piece × 10 pieces) × 100% = 4%.

Therefore, the Hermes accountant wrote off these costs as part of the other expenses of the current reporting period:

Debit 91-2 Credit 76 sub-account "Settlements with intermediaries"
- 2360 rubles. - the remuneration of the intermediary is taken into account in other expenses.

On May 12, the accountant reflected the payment for the value of the shares and remuneration to the intermediary:

Debit 76 subaccount "Settlements with intermediaries" Credit 51
- 62 360 rubles. (60,000 rubles + 2360 rubles) - the cost of the acquired shares and remuneration were transferred to the intermediary.

Provision for depreciation of contribution to the authorized capital

Account for the contribution to the authorized capital of another organization as part of financial investments. In accounting, reflect it at historical cost based on the monetary value agreed by the founders.

As a general rule, financial investments must be checked for impairment. In the event of a sustained significant decline in the value of such an asset, it is necessary to create a reserve for it. Define the amount of the reserve as the difference between the accounting and estimated value of the financial investment.

This follows from paragraphs 3, 8, 12, 37-39 PBU 19/02.

Now let's look at the procedure for creating a reserve.

1. Signs of impairment

When checking for impairment of a share capital contribution, pay attention to the following:

• the value of the JSC's shares or the value of the organization's share in the authorized capital of the LLC, calculated on the basis of the net assets of the JSC or LLC, has a negative trend and is lower than the book value of financial investments;

• the price of shares circulating on the securities market is significantly lower than their book value;

• there are no or significantly reduced dividend receipts with a high probability of a further decrease in these receipts in the future.

If there are indications of impairment, review at least once a year as at 31 December. If necessary, this can be done more often: monthly, quarterly. Confirm the results of the check with documents, for example act.

Did the audit identify equity investments showing signs of sustained impairment? Then for each of them you need to determine the estimated cost.

2. Estimated cost

The estimated value of the contribution to the authorized capital is estimated value . The methodology adopted by the company for determining the estimated cost must be fixed in accounting policy for accounting purposes .

For example, the value of a share in net assets can be taken as a basis. For this company, the shares (shares) of which your company owns as of the last reporting date.

To determine the estimated cost, use the formula:

According to the Accounting Regulation "Accounting for Financial Investments" No. PBU 19/02, approved by order (hereinafter - PBU 19/02), investments by organizations in the form of investments in securities in accounting are reflected as financial investments (clause 3).

Financial investments are accepted for accounting at their original cost.
The initial cost of financial investments purchased for a fee is the amount of the organization's actual costs for their acquisition, except for value added tax and other refundable taxes (except for cases provided for by the legislation of the Russian Federation on taxes and fees).

The actual costs of acquiring assets as financial investments are:
amounts paid in accordance with the contract to the seller;
amounts paid to organizations and other persons for information and consulting services related to the acquisition of these assets. If an organization is provided with information and consulting services related to making a decision on the acquisition of financial investments, and the organization does not make a decision on such an acquisition, the cost of these services is charged to the financial results of a commercial organization (as part of other expenses) or an increase in the expenses of a non-profit organization of that the reporting period when it was decided not to purchase financial investments;
remuneration paid to an intermediary organization or other person through which assets are acquired as financial investments;
other costs directly related to the acquisition of assets as financial investments.

When acquiring financial investments at the expense of borrowed money expenses on loans and borrowings received are accounted for in accordance with the Accounting Regulations "Expenses of the organization" PBU 10/99, approved by Order of the Ministry of Finance of the Russian Federation of May 6, 1999 N 33n (registered with the Ministry of Justice of the Russian Federation on May 31, 1999, registration N 1790), and the Accounting Regulation "Accounting for loans and credits and the costs of servicing them" PBU 15/01, approved by Order of the Ministry of Finance of the Russian Federation of August 2, 2001 N 60n (according to the letter of the Ministry of Justice of the Russian Federation of September 7 2001 N 07/8985-YUD The order does not need state registration).

General business and other similar expenses are not included in the actual costs of acquiring financial investments, unless they are directly related to the acquisition of financial investments.

If the amount of costs (except for the amounts paid in accordance with the agreement to the seller) for the acquisition of such financial investments as securities is insignificant in comparison with the amount paid in accordance with the agreement to the seller, the organization has the right to recognize such costs as other expenses of the organization in that reporting period in which the specified securities were accepted for accounting.

In accounting, “actual”, “actually incurred” costs are understood as costs accrued in accordance with the assumption of the temporal certainty of the facts of economic activity, that is, regardless of the actual payment of these costs (clause 6 of the Accounting Regulation “Accounting policy of the organization” (PBU 1/98), approved by order of the Ministry of Finance of Russia dated 09.12.98 No. 60n, hereinafter referred to as PBU 1/98).
With regard to securities, this is confirmed by the fact that paragraph 44 of the Accounting Regulations refers to the reflection of “fully unpaid” financial investments (except loans) “in the full amount of the actual costs of their acquisition under the contract”;

Account 58 "Financial investments" is intended to summarize information on the presence and movement of the organization's investments in securities.
To account 58 "Financial investments" sub-accounts can be opened:
58-1 "Shares and shares",
58-2 "Debt securities".
Sub-account 58-1 "Shares and shares" takes into account the presence and movement of investments in shares of joint-stock companies, authorized (reserve) capitals of other organizations, etc.
Sub-account 58-2 "Debt securities" takes into account the presence and movement of investments in public and private debt securities (bonds, etc.).
Financial investments made by the organization are reflected in the debit of account 58 "Financial investments" and the credit of the accounts, which take into account the values ​​to be transferred on account of these investments. For example, the acquisition by an organization of securities of other organizations for a fee is carried out on the debit of account 58 "Financial investments" and the credit of account 51 "Settlement accounts" or 52 "Currency accounts".
However, since the receipt of ownership of securities and the fact of their payment are not carried out at the same time, the transaction for posting the security should be recorded using the account for the settlement with the seller of the security.

According to paragraph 2 of PBU 19/02, in order for assets to be accepted for accounting as financial investments, the following conditions must be met at a time:
- the presence of properly executed documents confirming the existence of the organization's right to financial investments and to receive funds or other assets arising from this right;
- transition to the organization of financial risks associated with financial investments (price change risk, debtor's insolvency risk, liquidity risk, etc.);
- the ability to bring economic benefits (income) to the organization in the future in the form of interest, dividends or an increase in their value (in the form of the difference between the sale (repayment) price of a financial investment and its purchase price as a result of its exchange, use in paying off the obligations of the organization, increase in the current market cost, etc.).

In this regard, it should be recalled that the moment of transfer of ownership of equity securities is determined in the manner prescribed by Art. 29 of Law No. 39-FZ on the securities market.
The right to a bearer documentary security passes to the acquirer:
- in case of finding its certificate with the owner - at the time of transfer of this certificate to the acquirer;
- in case of storage of certificates of bearer documentary securities and/or registration of rights to such securities in the depository - at the moment of making a credit entry on the acquirer's depo account.
The right to a registered paperless security passes to the acquirer:
- in the case of recording the rights to securities with a person carrying out depository activities - from the moment of making a credit entry on the acquirer's depo account;
- in the case of registration of rights to securities in the registry system - from the moment of making a credit entry on the personal account of the acquirer.

According to paragraph 1 of Art. 9 of the Federal Law of November 21, 1996 No. 129-FZ “On Accounting” (hereinafter referred to as the Accounting Law), all business transactions carried out by an organization must be documented by supporting documents that serve as primary accounting documents on the basis of which accounting is maintained.

Thus, primary documents confirming the transfer of ownership of securities should be the basis for recording financial investments in the accounts.

The right of ownership of a bill as an order security is certified by indicating on its front (when issuing) or reverse (when endorsement) the name of the bill holder (creditor) or (in the case of a blank endorsement) - by the very fact that the bill is held by the bill holder.
If the rights to securities have passed to the organization even before they are fully paid, they must also be transferred to financial investments in the full amount of actual costs with the assignment of the outstanding amount under the item of creditors in the liability of the balance sheet (paragraph 44 of the Accounting Regulations, paragraph .23
Methodological recommendations on the procedure for the formation of indicators of the organization's financial statements, approved by order of the Ministry of Finance of Russia dated June 28, 2000 No. 60n; further - Methodological recommendations on the procedure for the formation of indicators of the organization's financial statements). In this case, the wiring will be as follows:
Debit 58 (sub-account 1 “Shares and shares”, 2 “Debt securities”) Credit 76 - securities were capitalized on the basis of documents on the transfer of ownership;
Debit 76 Credit 51 - funds were transferred in payment for securities.

In accordance with paragraph 9 of PBU 19/02, VAT is excluded from actual costs, except for cases provided for by the legislation of the Russian Federation on taxes and fees. The list of situations in which VAT is included in the value of an asset is contained in paragraph 2 of Article 170 of the Tax Code of the Russian Federation.

The amounts of VAT presented to the buyer when purchasing goods are taken into account in the cost of such goods, in the case specified in paragraph 2 of Article 170 of the Tax Code of the Russian Federation - when purchasing goods used for production and (or) sales (as well as transfer, execution, provision for own needs) of goods (works, services) not subject to taxation (exempted from taxation).

Thus, securities are accepted for accounting at their original cost, which includes the amount paid in accordance with the agreement and the amount of expenses directly related to the acquisition of these securities, including VAT.

Example 1
In order to acquire shares in one of the Russian enterprises, the organization entered into an agreement with an investment company for the provision of information services. Based on the analysis of the information received, the organization decided to purchase the company's shares. The cost of services rendered by the investment company is 1,770 rubles, including VAT of 270 rubles. Services are paid in advance. The purchase price of shares under the sale and purchase agreement is 800,000 rubles.

Example 2
The organization acquired shares worth 400,000 rubles. Payment for the shares was made at the expense of borrowed funds received for a period of 4 months at 10% per annum. The loan amount and accrued interest are transferred to the lender's settlement account at a time at the end of the term of the loan agreement.

However, not all costs directly related to the acquisition of securities can be taken into account in their value. The situation when an organization, prior to the acquisition of shares in other companies, bears the costs associated, for example, with monitoring the securities market, assessing the possibility of acquiring specific shares, financial and legal verification of the issuers of these shares, etc., is quite common and economically justified.

If, after making such expenses, the organization does not make a decision to purchase a share, then they will be reflected in accounting as other expenses in the debit of account 91.2 “Other expenses”.

In accounting, this rule is defined by clause 9 PBU 19/99, according to which, if an organization is provided with information and consulting services related to making a decision on the acquisition of financial investments, and the organization does not make a decision on such an acquisition, the cost of these services is credited to the financial results of a commercial organization.

The amount of VAT presented for payment by a consulting company is taken into account in the cost of services in accordance with subparagraph 1, paragraph 2, article 170 of the Tax Code of the Russian Federation, since the acquisition of consulting services in this situation is not related to the sale, which is subject to VAT.

In accordance with the Instructions for the application of the Chart of Accounts in accounting, the amounts of VAT presented to the organization for payment for the services rendered to it are recorded in the debit of account 19 "Value Added Tax on Acquired Values" in correspondence with the account of settlements with the service provider. In this case, the amount of VAT on consulting services is debited from account 19 to the debit of account 91.

Example 3
The organization used the services of a consulting company, which carried out a financial, tax, legal analysis of enterprises whose shares were supposed to be acquired. Based on the results of the work carried out and the study of the report provided by the executor, it was decided not to purchase shares of these enterprises.

Formation of the value of securities in tax accounting

The Tax Code does not use the term "value of a security".
Expenses for the sale (or other disposal) of securities are determined based on the purchase price of the security (including the costs of its acquisition), the costs of its sale, the amount of discounts from the estimated value of investment units, the amount of accumulated interest (coupon) income paid by the taxpayer to the seller security (clause 2, article 280 of the Tax Code of the Russian Federation).

What specific expenses for the acquisition of securities may be included in the price of their acquisition, Ch. 25 of the Tax Code of the Russian Federation does not provide.

It seems that such expenses may include expenses for payment for information (consulting) services; expenses for payment of services of intermediaries, including payment of remuneration to brokers, stock exchanges, registrars, and other reasonable and documented direct expenses associated with the acquisition of securities.

Since the listed expenses are direct, that is, subject to write-off as the sale (disposal) of securities, they should be taken into account in proportion to the retired securities. Accordingly, the part of such expenses, which falls on unrealized securities, is not taken into account for tax purposes. The cost of acquiring a security denominated in a foreign currency is determined at the exchange rate of the ruble against the corresponding foreign currency, established by the Central Bank of the Russian Federation on the date of acceptance of the said security for accounting (paragraph 5, clause 2, article 280 of the Tax Code of the Russian Federation).

Upon sale (disposal) of such a security, expenses include its value in tax accounting at the exchange rate of the Central Bank of the Russian Federation that was in effect on the date of acceptance of this security for accounting.

At the same time, the current revaluation of securities denominated in foreign currency is not performed.

Example 4

The organization acquires 1,000 uncertificated ordinary shares of the issuer for a total of 800,000 rubles. and in accordance with the terms of the securities sale and purchase agreement, bears the costs of re-registration of ownership of the shares. Payment for the services of the holder of the register of shareholders (registrar) for opening a personal account in the system of maintaining the register of shareholders 11.8 rubles. (including VAT 1.8 rubles) and for re-registration of ownership of shares 236 rubles. (including VAT 36 rubles).

For the purposes of income taxation, the expense in the form of payment for the cost of the registrar's services for opening a personal account is a non-sales expense associated with servicing the acquired securities (clause 4 clause 1 article 265 of the Tax Code of the Russian Federation). Expenses for re-registration of ownership of securities, in accordance with paragraph 2 of Art. 280 of the Tax Code of the Russian Federation, form the cost of acquiring securities, which are taken into account when determining the tax base for transactions with these shares upon their disposal.

VAT amounts submitted by the registrar cannot be deducted, since transactions with securities are not subject to VAT (clause 12, clause 2, article 149 of the Tax Code of the Russian Federation). Thus, the amounts of VAT presented for payment, in accordance with paragraphs. 1 p. 2 art. 170 of the Tax Code of the Russian Federation are taken into account by the organization in tax accounting in the cost of purchased services.

Register tax accounting on the formation of expenses for the purchase of securities:

Separately, it should be said about the costs directly related to the acquisition of securities, if the purchase itself did not take place.

The direct procedure for tax accounting of expenses related to the acquisition of securities is provided only in the event of their sale and other disposal.

For operations with securities, taxpayers determine the base for income tax in the manner prescribed by Art. 280 of the Tax Code of the Russian Federation.

According to paragraphs. 7 p. 7 art. 272 of the Tax Code of the Russian Federation, the date of incurring expenses associated with the acquisition of securities, including their value, is the date of sale or other disposal of securities.

In view of the foregoing, the costs directly related to the acquisition of shares that meet the criteria established by Art. 252 of the Tax Code of the Russian Federation, form the accounting value of securities for the purpose of taxing the organization's profits.

The taxpayer has the right to take into account the costs of acquiring securities for income tax purposes at the time of their sale or other disposal (including redemption).

Accordingly, this implies the position of the tax authorities that the taxpayer is not entitled to attribute to the expenses taken into account when determining the tax base for transactions with securities, the costs aimed at making a transaction for the purchase of securities if such a transaction did not take place.

In addition, in oral comments and letters, the Ministry of Finance of the Russian Federation on the issue of attributing to expenses costs that are not directly related to activities aimed at generating income, explains that such expenses do not meet the criteria listed in paragraph 1 of Art. 252 of the Tax Code of the Russian Federation. This position can be found, for example, in the letters of the Ministry of Finance of the Russian Federation of March 15, 2006 N 03-03-04 / 1/235, and also of June 1, 2006 N 03-03-04 / 1/497.

At the same time, another position can be expressed. Information, consulting and legal services aimed at the acquisition of securities are carried out in order to further receive income from these securities (receipt of dividends, income from the resale of an asset). Accordingly, these expenses are aimed at generating income, although the latter were not received in the end due to the refusal to purchase securities. Using this approach, in tax accounting, these costs should reduce the taxable base on the basis of clause 1 of Art. 252 and paragraph 1 of Art. 249 of the Tax Code of the Russian Federation.

Thus, if the transaction to acquire a block of shares did not take place, when your organization decides to reduce the tax base by the amount of such expenses, you should be prepared for a tax dispute about the direction of these expenses to generate income.

Expenses associated with the storage of securities in accounting
In regulatory documents on accounting, three types of services related to securities are distinguished - for the acquisition, sale and maintenance. At the same time, the first two types are associated with the process of circulation of securities, and the third - with their storage.

Expenses associated with servicing the organization's financial investments (expenses for paying for the services of a bank, depository) should be included in the organization's other expenses (clause 36 PBU 19/02) and reflected in the debit of account 91 "Other income and expenses" and the credit of the accounts settlement with a specific organization.

Expenses associated with the storage of securities in tax accounting
Subparagraph 4 of paragraph 1 of Art. 265 of the Tax Code of the Russian Federation, it is established that the non-operating expenses not related to production and sale, includes expenses for servicing the securities acquired by the taxpayer, including payment for the services of the registrar, depository, expenses associated with obtaining information in accordance with the legislation of the Russian Federation, and other similar expenses.

Example 5

The organization acquires 100 uncertificated ordinary shares of the issuer for a total amount of 5,000 rubles. and bears the costs of paying for the services of the holder of the register of shareholders (registrar) for opening a personal account in the system of maintaining the register of shareholders 12 rubles.

For the purposes of income taxation, the expense in the form of payment for the cost of the registrar's services for opening a personal account is a non-sales expense associated with servicing the acquired securities (clause 4 clause 1 article 265 of the Tax Code of the Russian Federation).

Tax accounting register for payment of non-operating expenses directly related to the acquisition of securities:

Sale of securities in accounting

The disposal of financial investments in the event of their implementation is recognized in the accounting of the organization on the date of the one-time termination of the conditions for accepting them for accounting.

Upon disposal of an asset accepted for accounting as financial investments, for which the current market value is not determined, its value is determined based on an assessment determined by one of the following methods:
- at the initial cost of each accounting unit of financial investments;
- at the average initial cost;
- at the initial cost of the first financial investments in terms of time of acquisition (FIFO method).

It should be noted that the use of one of the above methods for determining the value of retiring securities is also advisable when calculating the value of retiring securities within the reporting period, for which the market price is determined, but for which the market price was not determined at the end of the previous reporting period.

The use of one of the above methods for a group (type) of financial investments is based on the assumption of the sequence of application of accounting policies.

Securities may be valued by the organization upon disposal at the average initial cost, which is determined for each type of securities as the quotient of dividing the initial value of the type of securities by their number, which are formed respectively from the initial cost and the amount of the balance at the beginning of the month and received securities during this period. month.

Assessment at historical cost of the first financial investments in terms of acquisition time (FIFO method) is based on the assumption that securities are written off within a month or another period in the sequence of their acquisition (receipt). Those. securities that are the first to be written off must be valued at the historical cost of the securities of the first acquisitions, taking into account the initial value of the securities listed at the beginning of the month. When applying this method, the assessment of securities remaining at the end of the month is made at the initial cost of the latest acquisitions, and the value of the earliest acquisitions is taken into account in the value of securities sold.

Upon disposal of assets accepted for accounting as financial investments, for which the current market value is determined, their value is determined by the organization based on the latest assessment.
For each group (type) of financial investments, one assessment method is applied during the reporting year.

In accounting, according to the Chart of Accounts, income related to the sale of securities is reflected in the credit of account 91 “Other income and expenses” (if the organization recognizes them as other income) or account 90 “Sales”, if the organization recognizes them as income from ordinary types activities.
Expenses in the form of the cost of securities sold and services related to the sale are debited to the corresponding account.

Example 6
The organization evaluates the shares in accounting when they are disposed of at an average cost. Sold in September 2008 through a broker 500 shares at a price of 44 rubles. per share. These shares were acquired by the organization in the following packages:


August 24 200 shares at a price of 40 rubles. per share.

The cost of the broker's services when acquiring shares and the costs of re-registering the ownership of shares is 2% of the transaction amount (including VAT) and, according to the accounting policy of the organization, form the initial cost of financial investments.

The procedure for calculating the average initial cost of shares is given in the Appendix to PBU 19/02.
In this case, the average initial cost of a share is 70.23 rubles. (400 pcs x 88 RUB x 102% + 100 pcs x 50 RUB x 102% + 200 pcs x 40 RUB x 102% / (400 pcs + 100 pcs + 200 pcs).
The average initial cost of the sold 500 shares is 35,115 rubles. (500 pieces x 70.23 rubles); this amount is included in other expenses of the organization.

Sale of securities in tax accounting

In accordance with Art. 329 of the Tax Code of the Russian Federation, the taxpayer's expenses associated with the acquisition and sale of securities, including their value, are classified as direct expenses associated with the production and sale.
The taxpayer's income from transactions for the sale or other disposal of securities (including redemption) is determined based on the sale price or other disposal of the security, as well as the amount of accumulated interest (coupon) income paid by the buyer to the taxpayer, and the amount of interest (coupon) income, paid to the taxpayer by the issuer (drawer). At the same time, the taxpayer's income from the sale or other disposal of securities does not include amounts of interest (coupon) income previously taken into account in taxation.

The taxpayer's income from transactions for the sale or other disposal of securities (including from redemption) denominated in foreign currency is determined at the exchange rate of the Central Bank of the Russian Federation in force on the date of transfer of ownership or on the date of redemption.

Expenses for the sale (or other disposal) of securities, including investment units of a unit investment fund, are determined based on the purchase price of the security (including the costs of its acquisition), the costs of its sale, the amount of discounts from the estimated value of investment units, the amount of accumulated interest (coupon) income paid by the taxpayer to the seller of the security. In this case, the expense does not include the amounts of accumulated interest (coupon) income previously taken into account in taxation. Taxpayers (with the exception of professional securities market participants engaged in dealer activities) determine the tax base for transactions with securities circulating on an organized securities market separately from the tax base for transactions with securities not circulating on an organized securities market.

Securities are recognized as circulating on the organized securities market only if the following conditions are simultaneously met:
1) if they are admitted to circulation by at least one trade organizer who has the right to do so in accordance with national legislation;
2) if information about their prices (quotations) is published in the mass media (including electronic ones) or can be provided by the trade organizer or other authorized person to any interested person within three years after the date of transactions with securities;
3) if a market quotation is calculated on them, when it is provided for by the relevant national legislation.

For the purpose of calculating income tax, national legislation means the legislation of the state in whose territory the circulation of securities is carried out (conclusion of civil law transactions that entail the transfer of ownership of securities, including outside the organized securities market).

The market quotation of a security means the weighted average price of a security for transactions made during a trading day through a trading organizer. If transactions for the same security were made through two or more trade organizers, then the taxpayer has the right to independently choose the market quotation that has developed with one of the trade organizers. If the trade organizer does not calculate the weighted average price, then for the purposes of this chapter, the weighted average price is taken to be half the sum of the maximum and minimum prices of transactions made during the trading day through this trade organizer.
The market price of retiring securities circulating on the securities market is the actual price, if it is in the interval between the minimum and maximum prices of transactions with the specified security, registered by the trade organizer on the securities market on the date of the relevant transaction. If a transaction is made through a trade organizer, the date of the transaction should be understood as the date of the auction at which the corresponding transaction with the security was concluded. If a security is sold outside the organized securities market, the date of the transaction is the date when all essential conditions for the transfer of the security are determined, that is, the date the contract is signed.

If transactions for the same security were made on the specified date through two or more trade organizers on the securities market, then the taxpayer has the right to independently choose the trade organizer, the values ​​of the price interval of which will be used by the taxpayer for tax purposes.

In the absence of information about the price interval from the organizers of trade in the securities market on the date of the transaction, the taxpayer accepts the price interval when selling these securities according to the organizers of trade in the securities market as of the date of the nearest trading held before the day of the relevant transaction, if trading in these securities were held at the trade organizer at least once within the last 12 months.

In case of sale of securities circulating on the organized securities market at a price lower than the minimum transaction price on the organized securities market, when determining the financial result, the minimum transaction price on the organized securities market is taken.

With regard to securities not traded on an organized securities market, for tax purposes the actual selling price or other disposal price of these securities is accepted if at least one of the following conditions is met:
1) if the actual price of the relevant transaction is within the range of prices for a similar (identical, homogeneous) security registered by the trade organizer on the securities market on the date of the transaction or on the date of the nearest trading held prior to the day of the relevant transaction, if the auctions for these securities securities were held at the trade organizer at least once within the last 12 months;
2) if the deviation of the actual price of the relevant transaction is within 20 percent upwards or downwards from the weighted average price of a similar (identical, homogeneous) security, calculated by the organizer of trading on the securities market in accordance with the rules established by him based on the results of trading on the date of conclusion of such of the transaction or on the date of the nearest trades that took place before the date of the relevant transaction, if the trades in these securities were held at the trade organizer at least once during the last 12 months.

In the absence of information on the results of trading in similar (identical, homogeneous) securities, the actual price of the transaction is accepted for taxation purposes, if the indicated price differs by no more than 20 percent from the settlement price of this security, which can be determined on the date of the transaction with a security, taking into account the specific terms of the concluded transaction, the characteristics of circulation and the price of the security and other indicators, information about which may serve as the basis for such a calculation. To determine the settlement price of a share, the taxpayer alone or with the involvement of an appraiser must use the methods of valuation provided for by the legislation of the Russian Federation; to determine the settlement price of a debt security, the refinancing rate may be used Central Bank Russian Federation. In the event that a taxpayer determines the estimated price of a share on its own, the valuation method used must be fixed in the accounting policy of the taxpayer.

When determining the amount of income from the sale interest-bearing bills, for the settlement value of the bill is taken the amount established from the terms of drawing up the bill. With this value, in accordance with the provisions of the Tax Code, the selling price of a bill of exchange under a sale and purchase agreement will be compared.

When determining the amount of income from the sale of discount bills, it is possible to take the refinancing rate of the Central Bank of the Russian Federation for the yield to maturity. In this case, the settlement price of the bill on the date of sale can be determined by the following formula:

Estimated price = N / (1 + r x T: 365)

where N is the face value of the bill;
r - the refinancing rate of the Central Bank of the Russian Federation on the date of the promissory note;
T - the remaining period of circulation of the bill from the date of sale to the date of redemption.

When determining the tax base, the settlement price of a bill can be reduced by 20% (clause 6, article 280 of the Tax Code of the Russian Federation). If the actual selling price is greater than or equal to this indicator, then the actual selling price will be accepted for tax purposes. If the actual selling price is less than the specified indicator, then for tax purposes it is increased by the amount of deviation from this indicator, and line 020 "Amount of deviation from the market (estimated) price" is filled in sheet 05 of the Declaration.

The date of recognition of income and expenses on transactions with securities is the date of sale of the said securities (this is also referred to in paragraph 7, paragraph 7, article 272 of the Tax Code of the Russian Federation).

The purchase price of securities for income tax purposes is calculated using one of the following methods:
1) by the cost of the first time acquisitions (FIFO);
2) by the cost of the most recent acquisitions (LIFO);
3) at the cost of a unit (clause 9, article 280, paragraph 3, article 329 of the Tax Code of the Russian Federation).

The payer must choose one of these methods independently, fixing it in the accounting policy (clause 9, article 280 of the Tax Code of the Russian Federation).

Note that the method of valuation by unit value is applied to non-equity securities, which assign an individual amount of rights to their owner (check, bill of lading, etc.).

It is advisable to apply the LIFO or FIFO method to equity securities (stocks, bonds, options). After all, such securities are placed in issues, within each issue they all have the same face value and provide the same set of rights.

If you plan to apply two methods depending on the type of securities (for example, the "per unit value" method for non-equity securities, and the LIFO or FIFO method for equity securities), it is better to specify this in the accounting policy in advance. The point is that, according to Art. 313 of the Tax Code of the Russian Federation during the year, the taxpayer cannot make changes to the accounting policy, including in relation to the accounting methods used (see Letter of the Federal Tax Service of Russia for Moscow dated 09.04.2007 N 20-12 / 031930).

Example 6

The organization determines the value of retiring shares in tax accounting using the FIFO method.
Sold in September 2008 through a broker 500 shares not traded on the OSM at a price of 44 rubles. per share.
These shares were acquired by the organization in the following packages:
August 8 400 shares at a price of 88 rubles. per share;
August 16 100 shares at a price of 50 rubles. per share;
August 24 200 shares at a price of 40 rubles. per share.
The cost of the broker's services for the acquisition of shares and the costs of re-registration of ownership of the shares amount to 2% of the transaction amount (including VAT) and, according to the accounting policy of the organization, form the initial cost of financial investments.

Accordingly, the cost of shares acquired on August 8 (400 shares), August 16 (100 shares) and August 24 (100 shares), as well as the cost of acquiring these shares (2% of the cost of these shares) is recognized as an expense. In tax accounting, the amount of expenses for the acquisition of shares, taken into account when they are sold in September, is 45,492 rubles. (400 pieces x 44 rubles x 102% + 100 pieces x 50 rubles x 102% + 100 pieces x 40 rubles x 102%).

The proceeds from the sale of shares in this case amounted to 22,000 rubles. Accordingly, the loss from the sale of securities will amount to 23,492 rubles.

Taxpayers who incurred a loss (losses) from operations with securities in the previous tax period or previous tax periods are entitled to reduce the tax base received from operations with securities in the reporting (tax) period (to carry forward these losses to the future) in the manner and on the terms , which are established by Article 283 of the Tax Code of the Russian Federation.

Income received from operations with securities traded on an organized securities market cannot be reduced by expenses or losses from operations with securities not traded on an organized securities market.

Income received from operations with securities not traded on an organized securities market cannot be reduced by expenses or losses from operations with securities traded on an organized securities market (clause 10 of Article 280 of the Tax Code of the Russian Federation).

Thus, the Code establishes a limitation regarding the accounting for tax purposes of the loss received by the taxpayer from transactions for the sale of securities, both circulating and not circulating on the organized securities market.

The Code does not contain restrictions on the possibility of reducing the income received from operations with securities by the amount of loss from the main type of activity.

This conclusion also follows from the content of Article 315 of the Tax Code of the Russian Federation, according to which the calculation of the tax base for calculating income tax includes proceeds from the sale of securities and expenses incurred in their sale. To determine the amount of profit subject to taxation, only the amount of loss, in particular, from operations with securities, subject to transfer in the manner prescribed by Article 283 of the Tax Code of the Russian Federation, is excluded from the tax base.

The procedure for filling out a tax return for corporate income tax also establishes that a positive amount from transactions with securities - line 100 is reflected in line 120 of sheet 02 of the declaration (tax base for tax calculation), i.e. participates in the calculation of corporate income tax.

If an organization carries out transactions with both marketable and non-marketable securities, tax base calculations for such transactions are presented on separate sheets 05 of the Income Tax Declaration with the corresponding codes.

Sheet 05 with the code "1" on the attribute "Type of income" reflects the calculation of the tax base for transactions with securities circulating on the organized securities market.

Sheet 05 with code "2" on the attribute "Type of income" reflects the calculation of the tax base for transactions with securities that are not traded on the organized securities market.

In Sheet 05 with code "1" for the attribute "Type of income":
Line 010 of the calculation with the code "1" for the attribute "Type of income" indicates the proceeds from the sale, disposal, incl. redemption of securities circulating on the organized market.
In line 020 of the calculation with the code "1", the variable "Type of income" shall reflect the amount of the deviation of the actual proceeds from the sale (disposal) of securities circulating on the organized securities market outside the organized securities market below the minimum price of transactions on the organized market as of the date of the transaction transactions (paragraph 5 of Article 280 of the Code).

If the actual (market) price of the sale or other disposal of securities is in the interval between the minimum and maximum prices of transactions with the specified security, registered by the organizer of trade in the securities market on the date of the relevant transaction, line 020 is not filled in.
In line 030 of the calculation with the code "1", the variable "Type of income" shall indicate the expenses associated with the acquisition and sale of securities circulating on the organized securities market, including expenses associated with the circulation of investment units of unit investment funds.

In Sheet 05 with code "2" for the attribute "Type of income":
Line 010 of the calculation with the code "2" for the attribute "Type of income" indicates the proceeds from the sale, disposal, incl. redemption, securities not traded on the organized market.
This line shows, among other things, interest income (interest in the form of a discount) on securities, reflected on accrual in line 100 of Appendix N 1 to Sheet 02 of the Declaration, the adjustment of which is carried out according to line 200 of Appendix N 2 to Sheet 02 of the Declaration upon sale or otherwise disposal (including redemption).
In line 020 of the calculation with the code "2", the variable "Type of income" shall reflect the amount of the deviation of the actual proceeds from the sale of securities not traded on the organized market, below the settlement price, taking into account a 20% deviation. If the actual sale price or other disposal of securities satisfies the conditions provided for by subparagraphs 1 and (or) 2 of paragraph 6 of Article 280 of the Code, then line 020 is not filled in.
Line 100 of the calculation reflects the tax base for income tax on operations with securities. If the specified tax base is positive, the amount in line 100 is reflected in line 120 of Sheet 02 of the Declaration.

The owner has the right to independently dispose of his property, including such assets as shares and shares in other organizations. These financial investments, in particular, can:

• sell;

• transfer as payment for goods (works, services);

• give away free of charge;

• invest in the authorized (share) capital of other organizations.

This follows from paragraphs 1-2 of Article 209 of the Civil Code of the Russian Federation.

Attention: when selling shares (shares) of an LLC or JSC, offer to purchase them:

• other participants (shareholders);

• to the company itself, whose shares (shares) are being sold. It is necessary to do this if the company's charter provides for its pre-emptive right to buy out a share (shares), and other participants did not use their pre-emptive right to buy.

If this procedure is violated, the participants (shareholders) or the company have the right, within three months from the moment the violation was discovered, to demand judicial order transfer to them the rights and obligations of the buyer.

This procedure is established in paragraph 3 of Article 7 of the Law of December 26, 1995 No. 208-FZ and paragraphs 4 and 18 of Article 21 of the Law of February 8, 1998 No. 14-FZ.

Attention: donations between commercial organizations in the amount of more than 3000 rubles. ( except for commercial founding organizations, if such an obligation is provided for in their charter ) (Article 575 of the Civil Code of the Russian Federation).

Accounting: implementation

In accounting, reflect the sale (other disposal) of shares or shares as the disposal of financial investments (paragraph 25 of PBU 19/02). That is, use account 58 "Financial investments" subaccount "Shares and shares" (58-1). Make the following entries in the accounting:

Debit 76 Credit 91-1
- sold (transferred) shares (shares) of another organization;

Debit 91-2 Credit 58-1, 76
- the cost of shares (shares) and expenses associated with the sale (transfer) of shares (shares) are written off.

This procedure follows from the Instructions for the chart of accounts (accounts 58, 91, 76), paragraph 7 of PBU 9/99 and paragraph 11 of PBU 10/99.

In accounting for the disposal of shares (shares) in the income of the organization, include:

• proceeds from the sale (for example, provided for by the contract of sale, exchange). Do this at the time of transfer of ownership of the financial investment to the counterparty;

• the amount of the reserve for depreciation of retired shares (stakes) not traded on the organized securities market (if it was created). Do this at the end of the reporting period in which the unquoted shares or shares are retired.

This procedure is established by paragraphs 34 and 40 of PBU 19/02, as well as by paragraphs 7 and 16 of PBU 9/99.

Expenses associated with the disposal of shares (shares), take into account at the time of transfer of ownership of the financial investment to the counterparty. Include in expenses:

• the cost of acquiring retired shares (shares);

• other costs associated with the disposal (for example, payment for the services of an intermediary, depositary, bank, etc.).

This procedure is established by paragraphs 26, 30 and 36 of PBU 19/02, as well as by paragraphs 11 and 17-19 of PBU 10/99.

At the same time, determine the costs in the form of the cost of acquiring retiring financial investments, depending on what is retiring:

• a share traded (quoted) or not traded (not quoted) on the organized securities market;

• share.

Determine the value of listed shares taking into account the latest revaluation carried out by the organization based on the market value.

Determine the value of unlisted shares in one of the following ways:

• at the original cost of the retiring unit;

• at the average initial cost;

• at the initial cost of the first acquisition of financial investments (FIFO method).

Determine the cost of disposal of a share based on the initial cost of its acquisition.

Reflect the chosen method of evaluating a particular financial investment in the accounting policy of the organization for accounting purposes.

This procedure is established by paragraphs 26 and 30 of PBU 19/02 and paragraphs 7 and 8 of PBU 1/2008.

For more information on the rules for determining the cost of disposal of shares and unquoted shares, see Appendix to PBU 19/02 (clause 33 of PBU 19/02).

An example of reflection in accounting and taxation of the sale of shares circulating on the organized securities market. The organization applies common system taxation

On July 22, Alfa JSC sold 2,000 of its shares in Master Production Company JSC at a price of 5,800 rubles. per share (purchased in the previous year). The purchase and sale took place outside the organized securities market. The shares are traded on the securities market. Their last re-evaluation was carried out by Alfa on June 30. Based on the results of the revaluation, the value of one share as of that date was 6,000 rubles. The initial cost of acquiring shares in accounting and tax accounting is 6,500 rubles. per share.

The accounting unit of financial investments is a share.

Debit 76 Credit 91-1
- 11,600,000 rubles. (5800 rubles / piece × 2000 pieces) - income from the sale of one share is reflected;

Debit 91-2 Credit 58-1
- 12,000,000 rubles. (6,000 rubles/piece × 2,000 pieces) - the value of the sold share has been written off.

At the same time, Alfa's analytical accounting reflects the disposal of 2,000 accounting units - by the number of sold shares of Master.

Thus, the result from the sale of shares in accounting is a loss in the amount of 400,000 rubles. (11,600,000 rubles - 12,000,000 rubles).

The organization calculates income tax on a monthly basis, applies the accrual method. The value of shares in tax accounting is determined by the unit value.

As of the date of drawing up the sale and purchase agreement, the price range for Master's shares was from 5,000 rubles. up to 5800 rub. for one share. Thus, the price of the purchase and sale transaction (5,800 rubles) exceeds the minimum price prevailing on the securities market as of the date of the transaction. Therefore, Alpha's accountant, when calculating income tax, took into account income based on the actual transaction price of 11,600,000 rubles. (5800 rubles / piece × 2000 pieces).

As part of the expenses, when calculating income tax, Alpha's accountant took into account the initial cost of acquiring Master's shares in the amount of 13,000,000 rubles. (6500 rubles / piece × 2000 pieces).

Thus, the result from the sale of shares in tax accounting is a loss in the amount of 1,400,000 rubles. (11,600,000 rubles - 13,000,000 rubles).

Since in accounting the result from the disposal of shares is determined taking into account the revaluation of securities, but not in tax accounting, Alpha's accountant accrued a permanent tax asset:

Debit 68 subaccount "Calculations for income tax" Credit 99 subaccount "Permanent tax assets"
- 200,000 rubles. ((6,500 rubles - 6,000 rubles) × 2,000 units × 20%) - a permanent tax asset is reflected.

Situation: how to reflect in accounting the return of a share previously sold to a citizen in an LLC. The person did not pay the money and under the contract must return the share? Information about his participation in the company was entered into the Unified State Register of Legal Entities.

In this case, record the return of the share as its acquisition.

For accounting purposes, reflect the share in the LLC, which is returned by the citizen under the terms of the agreement, as a financial investment (clauses 2 and 3 of PBU 19/02). Take it into account on account 58 “Financial investments”, subaccount 1 “Shares and shares” at the initial sale price.

Reflect the initial implementation of the share with postings:

Debit 76 Credit 91-1
- sold a share in the organization;

Debit 91-2 Credit 58-1, 76
- the value of the share and the costs associated with its sale are written off.

After the terms of the agreement have not been met and the right to a share is returned to the organization:

Debit 58-1 Credit 76
- the previously sold share was returned due to violation of the terms of the contract.

This procedure follows from the Instructions for the chart of accounts (accounts 58, 91, 76).

The procedure for recording REPO transactions with shares in accounting is similar to the procedure established for REPO transactions with bonds .

Documenting

The fact of the disposal of the financial investment (for any option of disposal) is confirmed by the primary document drawn up in the form approved by the head (parts 1, 4 of article 9 of the Law of December 6, 2011 No. 402-FZ). For example, it could beact of acceptance and transfer of shares (shares) , providing for all mandatory details, in accordance with part 2 of article 9 of the Law of December 6, 2011 No. 402-FZ.