ACCOUNTING AND TAX ACCOUNTING OF TRANSACTIONS UNDER CESSION AGREEMENTS
ACCOUNTING AND TAX ACCOUNTING OF TRANSACTIONS UNDER CESSION AGREEMENTS
Waiting for a client to pay you is an unaffordable
luxury, especially in a situation when a business needs funds and we are
talking about large amounts. It is naive to hope for good faith, but
calling and reminding is not always effective, besides, the seller's business
reputation may suffer. There is one correct solution to optimize
settlements - the assignment of the claim or, in other words, the assignment. The
service is not free, but it is also effective - the client's debt has been
repaid, while the business relationship with him has not been spoiled. Let
us consider how transactions under cession agreements are reflected in
accounting and tax accounting.
INCOME TAX
AT THE ASSIGNOR
If the seller of goods (works, services)
keeps records of income and expenses on an accrual basis and at the same time
assigns the right to claim a debt to a third party before the due date of
payment stipulated by the agreement on the sale of goods (works, services),
then such seller has the right to recognize a negative difference between
income from the sale of debt and the cost of the debt itself as a loss (clause
1 of article 279 of the Tax Code of the Russian Federation).
The amount of loss recognized for income
tax purposes are limited. The maximum is the amount of interest that the payer would pay based on the maximum interest rate or, at the option of the
taxpayer, the interest rate confirmed in accordance with the methods
established by Section 5 of the Tax Code of the uk Federation for a debt
obligation equal to the income from the assignment of the right of claim from
the date of the assignment before the payment date.
If the buyer's debt is assigned to a third
party after the due date for payment under the contract for the sale of goods
(work, services), then the negative difference between the income from the sale
of the debt and the cost of the debt itself is recognized as a loss on the date
of assignment of the right of claim.
Thus, if the payment deadline under the contract for the sale of goods (works, services) has come, then the seller
reflects the loss from the assignment of debt in non-operating expenses in
full; the term has not come - in an amount not exceeding the maximum
value. Income from the assignment of debt is subject to income tax, expense is
recognized for tax purposes.
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