Movable property: claim, valuation, sale

Changes have once again been made to the procedure for calculating property tax for organizations. Federal Law No. 302-FZ dated 08/03/2018 completely excludes movable property from the object of taxation, and Federal Law No. 334-FZ dated 08/03/2018 establishes that changes in cadastral value during the year in certain cases will be taken into account when calculating tax. These innovations come into force in 2021 and are supported in the current versions of 1C: Accounting 8, edition 3.0. What should you pay attention to when accounting for corporate property tax in the program under the new rules? 1C experts say.

Movable and immovable property

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Material assets can belong to an individual, organization, state or municipal institutions that have ownership rights or can be transferred for a time to management. All property is divided into movable and immovable.

In the original interpretation of the letter of the law, everything that could not be moved or transported in any way was considered immovable, and all other values ​​were classified as movable. But such a simple division was not always satisfactory, so amendments and additional definitions were formulated.

The concept of movable and immovable property

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Anything that fits the definition of real estate must be registered. Details of the transfer of ownership, coordinates of objects are entered into the state register, and owners are required to pay tax.

Real estate is subsoil, land plots, and buildings located on them, including unfinished ones. The rule excludes forested areas; in this case, rights are regulated by the Forestry and Land Code, as well as by regional ministries. The forest area is always owned by the state and can be leased for indefinite use with various encumbrances. So, if the intended use has changed, or significant changes have occurred on the site itself, including fires, floods, the ownership will be revised.

Important! Unauthorized buildings cannot be considered real estate. Also, by the decision of the Supreme Court, all construction projects that can be dismantled are excluded. These included seasonal and utility blocks, greenhouses, and toilets.

All premises that have coordinates and boundaries established in accordance with the registration procedure in the cadastral register are real estate; the right may extend to parking spaces belonging to the adjacent territory.

Inland ships and aircraft fall into the same category. Acquisitive prescription for any property that is defined as immovable is 15 years.

Movable property is all other material assets: cash, stocks and bonds, resources, vehicles. It is not subject to mandatory registration, except in cases specified by law. For example, the car still needs to be registered. The period of limitation for acquisition of movable property is 5 years .

Differences between movable and immovable property

Real estate has the following general characteristics:

• Exact location, this also applies to airplanes, helicopters and ships;
• Cannot be moved or transported;
• Subject to mandatory registration;
• A change of ownership is registered;
• Taxed;
• Acquisitive prescription is 15 years.

What is movable property?:

• Anything that is not considered real estate;
• Can be physically moved;
• Not always certain: for example, a safe, a future harvest;
• Registration is not required except as provided by law;
• Legal entities and institutions are required to keep accounting records of fixed assets: computer equipment, production equipment, furniture, transport, various assets;
• Transfer of ownership is not subject to accounting, except for motor vehicles;
• Acquisitive prescription is 5 years.

Examples

Real estate:

• Land;
• Bosom;
• Private houses;
• buildings;
• Building;
• Unfinished construction projects;
• Premises and parts of buildings, with precise boundaries entered in the register;
• Aircraft and water vessels.

Movable:

• Cash and non-cash funds;
• Securities;
• Precious stones, metals and alloys;
• Intellectual property;
• Art objects;
• Material results of labor;
• Transport, except airplanes, helicopters, water vessels;
• Animals.

Methods for assessing property value

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Every property is unique, so valuation uses several methods that can most accurately determine the value. Such a procedure can be carried out during the liquidation or bankruptcy of an organization, the division of common property between family members, and the calculation of tax on inheritance received.

Market or comparative approach

Value is determined based on recent equivalent transactions and industry ratios. Thus, the cost of a car can be the average for the region, and the cost of a real estate object can be the average for the area in which it is located.

Income approach

The calculation is based on an analysis of income generation opportunities. In this case, profit is capitalized; it is not distributed among holders of shares or other rights, but is spent on reproduction and increasing fixed capital. Then they resort to discounting cash flows, which means that the value of the object will increase by the amount of payments received. This method is used when investing.

Cost-effective approach

Most often used for real estate valuation. The amount of necessary investments is calculated, depending on the wear and tear of the object; it cannot exceed the cost of replacing the object with a new one. For example, no buyer would agree to buy a house that needs to be renovated if the same funds could be used to build a similar one.

Building, structure, premises

As mentioned above, buildings, structures, as well as residential and non-residential premises are classified as real estate. In the commented letter, the Federal Tax Service of Russia explained that when defining the concepts of “building”, “structure”, “premises” one should be guided by the Federal Law of December 30, 2009 No. 384-FZ “Technical Regulations on the Safety of Buildings and Structures” (hereinafter referred to as Law No. 384- Federal Law).

So, according to sub. 6 paragraph 2 art. 2 of Law No. 384-FZ, a building is considered to be the result of construction, which is a volumetric construction system having above-ground and (or) underground parts, including premises, networks and engineering support systems and intended for living and (or) activities of people, accommodation production, storage of products or keeping animals.

Please note that in the letter of the Ministry of Industry and Trade of Russia dated March 23, 2018 No. OV-17590/12 (communicated by the letter of the Federal Tax Service of Russia dated March 28, 2018 No. BS-4-21 / [email protected] ) it is said that the buildings include communications inside the buildings necessary for their operation: heating system, including boiler installation for heating (if the latter is located in the building itself); internal water supply, gas and sewerage networks with all devices and equipment; internal network of power and lighting electrical wiring with all lighting fixtures, internal telephone and alarm networks, ventilation devices for general sanitary purposes, lifts and elevators.

A structure is understood as the result of construction in the form of a volumetric, planar or linear building system, having ground, above-ground and (or) underground parts, consisting of load-bearing, and in some cases, enclosing building structures and intended for performing various types of production processes, storing products, temporary stay of people, movement of people and goods (subclause 23, clause 2, article 2 of Law No. 384-FZ). And a room is a part of the volume of a building or structure that has a specific purpose and is limited by building structures (subclause 14, clause 2, article 2 of Law No. 384-FZ).

The Ministry of Finance agrees that when determining the composition of real estate related to buildings and structures, in order to calculate property tax, one must be guided by Law No. 384-FZ.

In a letter dated August 24, 2017 No. 03-05-05-01/54266, the financiers indicated that a real estate object (building, structure) is understood as a single structural capital construction object, which includes the totality of those specified in paragraph 2 of Art. 2 of Law No. 384-FZ of objects functionally connected with a building (structure) in such a way that their movement without causing disproportionate damage to the purpose of the real estate object is impossible.

Reclaiming property from someone else's illegal possession

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Vindication or vindication claim appeared in antiquity; the concept is literally translated from the Latin “vimdecire” as I declare, I demand. In accordance with Art. 301 of the Civil Code of the Russian Federation, the applicant can only be the legal owner. Art. 302 and 303 of the Civil Code of the Russian Federation divide the types of such ownership into bona fide, when the owner did not know that he was violating someone’s rights, and dishonest.

Art. 302 provides for cases of loss of material assets by the owner, or the person to whom they were transferred, loss due to theft, or in another way against the will of the legal owner. The court also establishes compensation for the amount of income that the owner was unable to receive, or the illegal owner received by exploiting the object of dispute. A vindication claim involves the recovery of movable property from the debtor .

However, if the property was divided incorrectly during the divorce of spouses or the liquidation of an organization, then you should first challenge the legality of the transfer of ownership. Recognition of the right to movable property is often difficult, especially if it has not been registered; such cases in most cases remain unresolved.

Pledge

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Banks offer loans secured by movable property . Thus, the acquired property will be considered a guarantee of payment, or the already acquired property ensures the receipt of funds. Registration of a pledge of movable property takes place on the website www.reestr-zalogov.ru after which it is not subject to sale to third parties.

Seized property

Foreclosure of pledged property may be carried out pre-trial. In this case, the pledgee is notified by the notary. Sale is possible ten days from the date of delivery of the notice, unless other conditions have been stipulated between the pledgor and the pledgee. The deadline for fulfilling an obligation secured by a pledge of movable property may occur earlier, however, with a greater risk of loss in price due to the urgency of the sale.

Results

The issue of taxation of movable property has been resolved radically since January 1, 2019: there is no longer any need to pay tax on these assets.

In 2021, this issue was under the jurisdiction of regional authorities.
They had the right to completely exempt organizations from paying tax on movable property or establish reduced tax rates. Regions could establish benefits only for certain categories of taxpayers or for all organizations without exception. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Brief description of categories of movable property

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The status of property is assigned in accordance with Article 130 of the Civil Code, but often even specialists are confused whether taxes need to be paid. Art. 374 of the Tax Code determines the objects of taxation. What property should an accountant take on the balance sheet?

Water supply, sewerage, electrical network and cable communication lines

Communications are part of the buildings in which they are laid, and therefore are not subject to accounting. But, all elements of the communication infrastructure are excluded from this rule: cable channels, transitions, all structures and structures included in the system.

Alarm systems, air conditioners, advertising structures, ATMs and payment terminals

Air conditioning and fire protection systems are taxed if installed during construction and are considered integral. Self-contained mobile items are not taxed.

Vehicles

Motor transport, as already mentioned, is considered an exception in the movable category; the owner pays transport tax. However, a vehicle accepted onto the balance sheet as a fixed asset is not additionally subject to property tax assessment.

Improvements in the rented premises

If the tenant has made major permanent changes to the premises, they are recognized as immovable, and tax is charged on them for the entire duration of the lease agreement. Taxpayers object, pointing out that they do not own the premises, but the Ministry of Finance confirms that the tax on movable property is paid as on all fixed assets.

Leased items and objects intended for rent

A fixed asset leased is not subject to taxation, no matter whether it is on the balance sheet of which organization it is located: the owner or the lessee. The benefit is provided for all fixed assets leased.

Property received during reorganization or as a contribution to the authorized capital

All fixed assets transferred by the predecessor organization, as well as the authorized capital, are exempt from taxation.

Used objects

There are no exceptions for used property; it is listed on the balance sheet like any other. The fixed asset is removed from the seller's register and credited to the buyer; no benefits are provided. The sale of movable property by a legal entity is accompanied by the conclusion of a purchase and sale agreement.

Upgraded property

If the property was placed on the balance sheet before January 1, 2013, then during reconstruction and additional equipment only its value will change. Fixed assets purchased after this date are exempt from tax.

Particularly valuable movable property

Such material assets are available only in budgetary or autonomous institutions; they are acquired through subsidies or deductions from the city and regional budgets. Without OCDI, the organization's target activities are impossible. The list of particularly valuable movable property of a budgetary institution varies depending on the activity. So, in an emergency room this will be transport, equipment for resuscitation, and in other organizations - computer equipment, household equipment.

Tax calculation example

The organization is located in the Tyumen region. The residual value of movable property in the 1st quarter was:

01/01/2021 – 200,000 rub.

02/01/2021 – 190,000 rub.

03/01/2021 – 180,000 rub.

04/01/2021 – 170,000 rub.

Determine the amount of the advance payment in the 1st quarter.

According to the Law of the Tyumen Region dated October 24, 2017 No. 74, all organizations in the Tyumen Region pay tax on movable property registered in 2013 and later at a reduced rate of 0.55%.

The advance payment for the 1st quarter amounted to RUB 254,375.