Agreement on the transfer of equipment for free use

A deed of gift is a procedure for the gratuitous transfer of property, in which both individuals and legal entities can participate. If in the first case, donation most often occurs from the heart, then organizations in most cases donate assets in order to reduce costs, for example, reduce the amount of tax.

The gratuitous transfer of property between legal entities requires compliance with a number of nuances. It is important to act within the law here so that problems do not arise later. We will talk about how to transfer property between legal entities free of charge in this article.

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Restrictions on gifts and donations

If we are talking about a gift, then its value should not exceed 3,000 rubles. Therefore, expensive gifts between business partners are illegal. When transferring an expensive item, it is necessary to draw up an appropriate agreement. In addition, it is carried out through the organization’s accounting department.

The limit can be lifted in the following situations:

• a religious organization acts as the donee;
• the transfer of the object occurs to a public or budgetary structure;
• the recipient is a charitable foundation or non-profit organization.

Organizations have the right to donate property to individuals. To do this, the recipient must not be:

• bank employee;
• employee of educational, medical and other social institutions;
• a person holding a public office.

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Is it possible to transfer the OS to another organization free of charge?

Yes, the gratuitous transfer of a fixed asset is not prohibited, but if gratuitous property has been received, you should first make sure that this object can actually be capitalized as a fixed asset.

Be sure to check that the following conditions are met:

• Long term of use - from 365 days or more.
• The recovered asset is not going to be resold within the next year.
• Use in an area whose task is to generate economic profit.

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• Certificate of transfer of equipment, components and technical documentation (annex to the agreement on transfer of equipment for free use)
• Certificate of acceptance of materials and technical documentation (attachment to the contract for the performance of works and services for the transfer of equipment for free use)
• Certificate of acceptance of materials and technical documentation, taking into account the customer’s comments (attachment to the contract for the performance of works and services for the transfer of equipment for free use)
• Acceptance certificate for equipment, components and technical documentation, taking into account comments on incompleteness or malfunction of equipment (appendix to the agreement on the transfer of equipment for free use)
• Certificate of acceptance of works (services) (annex to the contract for the performance of works and services for the transfer of equipment for free use)
• Free use agreement
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Gratuitous transfer or donation

By law, a company has the right to transfer its property to another legal entity free of charge. That is, without expecting any retaliatory steps. Similar actions are specified in Article 572 of the Civil Code of the Russian Federation.

When transferring property as a gift, the recipient organization is completely released from the following obligations:

• payment for the received property;
• provision of any counter services.

It should be understood that the presence of at least one of the conditions listed above automatically transfers the transaction to the category of compensation. Accordingly, such a deed of gift will be considered invalid.

It is necessary to distinguish between the concepts of gift and gratuitous transfer. The first involves the transfer of property worth no more than 3,000 rubles. By law, gifts do not require documentation confirming the transfer of the object. If the cost of the object is more than 3,000 rubles, then we are talking about a gratuitous transfer of property. In this case, a gift agreement is drawn up.

What is allowed to be donated?

Current legislation allows the following objects to be donated:

• goods;
• intangible assets;
• finished products;
• securities and shares;
• vehicles;
• tools and equipment;
• raw materials and materials;
• real estate or the right to use an object;
• money in both cash and non-cash forms;
• repayment of the financial obligations of the recipient of the gift.

In some cases, the transfer of property requires its mandatory registration. We are talking about donating vehicles or real estate. An official change of ownership in such situations occurs only when the recipient registers the received object in his name.

What kind of property is prohibited from donation?

Some types of property are prohibited from being donated. The reason for this is the limited civil circulation of the item.

The law prohibits donation:

• some rare and museum items;
• certain types of weapons;
• military equipment and military equipment;
• toxic substances;
• natural resources.

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Accounting for gratuitous transfers

The donation procedure involving legal entities is somewhat complicated by the need to register donated assets. Thus, both the recipient and the donor must put the transaction through the accounting department.

How does a donor act?

If you look at the situation from an accounting point of view, a company that gives away part of its assets automatically reduces its assets. Such actions lead to a decrease in the economic efficiency of the enterprise. Accordingly, such operations must be carried out as expense items. This is reflected in paragraph 2 of the Accounting Regulations No. 10\99.

According to the provisions of Article 270 of the Tax Code of the Russian Federation, the value of the gift and the expenses associated with its transfer cannot be classified as income tax expenses.

Host company accounting

A legal entity that accepts property as a gift actually increases its assets. The cost of the received objects must be reflected in accounting with depreciation. Here it is important to correctly determine the value of the donated assets. To do this, their market equivalent is taken, which is current on the date of entry of profit into accounting records. Additional costs incurred during the introduction of property (if any) are added to this indicator. We are talking about registering property, its transportation and other nuances.

A professionally prepared account looks like this:

• debit 08, account 60 “Related expenses”. The following indicates the costs associated with obtaining property;
• debit 08, account 98 “Gratuitous receipts.” This includes the value of the assets received.

Transfer of property for temporary use to employees

It is no secret that teachers, especially state employees, do not earn too much. Sometimes employees of an educational institution are given property for temporary use by their management. For example, computers allocated to teachers during the summer vacation for writing teaching materials or dissertations, and in rural schools - even agricultural machinery. Often, property is transferred for use free of charge or for a nominal fee. But in this case, the accounting department of an educational institution may have problems.

Step-by-step instruction

The process of transferring OS free of charge to another organization includes the following steps:

1. Signing an agreement on gratuitous transfer (donation).
2. Creation of a commission.
3. Drawing up a transfer and acceptance certificate.
4. Entering information into the OS inventory card.
5. Reflection of necessary entries in accounting.

What documents need to be completed?

When transferring a fixed asset item free of charge to another organization, you need to start by drawing up primary accounting documentation containing the required details.

The main document for registration is the transfer and acceptance certificate in form No. OS-1, OS-1a or OS-1b.

The basis on which the act is drawn up is technical documents for fixed assets, as well as accounting information (for example, thanks to turnover in account 02 “Depreciation of fixed assets”, it is possible to fill in information about the amount of accumulated depreciation).

The execution of the transfer and acceptance certificate must include two copies - one of them must be received by the receiving party.

When drawing up an act, you need to leave free the column about information about fixed assets on the day of acceptance for accounting. This section is filled out by the recipient in his document.

Each copy of the document must be signed and approved by both the donor and the donee.

The act must consist of:

• The number and day on which the document was drawn up.
• The full name of the fixed asset, based on technical documents.
• Names of the developer institution.
• Factory and assigned inventory number of the fixed asset.
• Numbers of the depreciation group, the period of effective use of this product and the actual period of use.
• The depreciation amount accrued at the time of gratuitous transfer of an asset, its residual value.
• Information about whether the composition contains precious metals and stones.

The act must also contain a commission conclusion. The body is created in the institution; it controls the arrival and departure of fixed assets.

This commission consists of: the chief accountant, financially responsible citizens and other specialists appointed by management.

The approval of the composition of the commission body is carried out by the head of the institution - by issuing a special order.

When drawing up an act, you need to enter information that the OS object is no longer the main asset of the enterprise in the inventory card.

The development of the form of such a card can be carried out independently. Another option is to use the unified form No. OS-6 (OS-6a).

Small enterprises can use an inventory book in form No. OS-6b.

Such cards must have the required details specified in Part 2 of Article 9 of Law No. 402-FZ of December 6, 2011.

The basis for entering information is the act of acceptance and transfer (it is drawn up during the period of transfer of the object we are considering), as well as the donation agreement.

If an organization makes a gratuitous transfer of fixed assets containing precious metals, it will need to attach a report in the form dated November 14, 2007 No. 88.

The document must contain information about how many precious metals were transferred along with the fixed asset.

Postings in accounting

The gratuitous transfer of a fixed asset is recorded in the accounting accounts in the form of a posting. To reflect transactions, you must have a transfer deed and paper proving the market value of the asset.

Any fixed asset item received by the enterprise is accounted for in account 01. The debit of this account reflects the value of the items existing on the balance sheet. The credit of account 01 reflects the cost of disposed fixed assets, including free of charge.

The accountant’s task is to consistently record the following transactions:

1. Open subaccount 01.2 on account 01.
2. Transfer the initial cost of fixed assets to the credit of open subaccount 01.2 - posting Dt 01.2 Kt 01.2.
3. Transfer to the debit of subaccount 01.2 the accumulated depreciation on fixed assets transferred free of charge - Dt 01.2 Kt 02.
4. Calculate the residual value of fixed assets on the date of gratuitous transfer - the difference between the original cost and depreciation (balance of subaccount 01.2).
5. Write off the residual value of the object by posting Dt 91.2 Kt 01.2 (account 91 allows you to take into account other income and expenses of the organization, including expenses from the gratuitous transfer of fixed assets).
6. Determine the market value of the transferred asset; it is on this value that VAT should be charged.
7. Calculate VAT on the market value of the asset for payment to the budget - posting Dt 91.2 Kt 68 (the gratuitous transfer operation is subject to VAT).
8. Take into account the remaining costs associated with the gratuitous transfer of fixed assets to another company - postings Dt 91.2 Kt 70, 69, 76.
9. Determine the financial result of the operation - the loss is reflected by posting Dt 99 Kt 91.9.

Let's summarize the transactions for a fixed asset that was transferred free of charge to another person into a table:

Depreciation calculation

Depreciation charges begin from the month following the month in which the fixed asset was received.
Deductions are made every month - it all depends only on which accrual method is chosen, what period of effective use is indicated in the documents.

It is possible to reduce the period by the number of months during which the object was used by the previous owner - when transferring such an object by a legal entity or individual entrepreneur.

In such a situation, various documents can serve as evidence of confirmation of the period of use.

OS requires setting the full period during which the price will be expensed.

]To make write-offs more efficient, you should use the accelerated depreciation method.

Depreciation deductions cease from the month following the month of disposal of the fixed assets from the organization. Moreover, in the month in which the object is transferred free of charge, depreciation must be calculated on the first day in a monthly amount.

Example of free transfer of OS in figures with postings

Initial data:

An organization transfers a car free of charge to another organization. The initial cost of the car is 700,000 rubles, accrued depreciation is 300,000 rubles.

The cost of transporting the car to the recipient is 10,000 (by a third party). VAT on the market price is 63,000.

Accounting entries: