When is insurance payment taxed, is it necessary to pay and how to calculate it correctly in 2021

Home — Articles

purchased a car and on February 11, 2010, entered into a MTPL agreement for one year, paying a one-time insurance premium of 10,000 rubles.

In addition, the organization, in accordance with the rental agreement, insured the rented car in case of damage. The agreement also came into force on February 11, 2010.

Both vehicles are used in production activities. To calculate income tax, the accrual method is used, and advance payments are paid based on the actual profit received.

What amount can an organization take into account in income tax expenses and in accounting in February?

How will expenses be recorded if the company uses the cash method?

Does a company have the right to include in expenses for profit tax purposes the amount of insurance premium paid for a rented car in the amount of actual costs?

Legislation

In accordance with the current regulatory framework of the Russian Federation, the insurance company acts as a tax agent for personal income tax payments. The full list of income that must be taxed is specified in Article 208 of the Tax Code. Article 217 defines a detailed list of all receipts from which fiscal payments are not required.

Regarding the procedure for calculating the amount of payments that must be paid to the state budget, it is necessary to rely on the requirements of Article 213 of the Tax Code of the Russian Federation. In accordance with the provisions of this article, when calculating personal income tax, you need to take into account:

• type of contract with the insurer;
• if the agreement with the insurer is terminated early, those contributions for which the taxpayer previously received a social deduction are taken into account;
• requirements for collecting tax from insurance payments, contributions for which were made by third parties instead of the policyholder.

Is it income?

Regardless of the purpose and for what reason the funds are received, this is an increase in economic benefits, and therefore is taken into account as income, except in cases expressly provided for in legislative acts. And insurance payments were no exception:

• on the basis of Article 208 of the Tax Code of the Russian Federation, they are recognized as income for tax purposes by the personal income tax;
• according to Article 250 of the Tax Code of the Russian Federation, they also constitute income for the purposes of corporate income tax.

However, please note that not all income is subject to taxes.

Personal income tax on various insurance payments

Each type of insurance contract will be taxed differently.

According to OSAGO

If the owner of a vehicle has an issued MTPL policy, then in the event of a road accident and damage to property or health of third parties, the insurance company will reimburse the costs incurred to compensate for the damage.

When filing an income tax return, the taxpayer must include insurance payments received both in the country of residence and abroad.

At the same time, based on the provisions of Article 213 of the Tax Code, individuals who have received compensation under mandatory insurance contracts are exempt from paying personal income tax, and such proceeds will not be subject to taxes. MTPL insurance is mandatory in Russia; therefore, compensation for damage received by the policyholder should not be subject to a 13% tax.

An exception may be payments the amount of which exceeds the amount of damage caused.

Personal voluntary insurance

Payments received by a taxpayer under voluntary life insurance contracts are not included in the calculation of the tax base when calculating the amount of personal income tax payments. This is stated in Article 213 of the Tax Code of the Russian Federation. This applies to survival contracts, as well as event insurance.

Important! The tax amount is not calculated if monthly payments were made by the taxpayer himself or his relatives and family members.

For property insurance

Compensation for property insurance will be subject to fiscal payments if the amount of compensation payment is greater than the value of the property for which the insurance policy is issued.

If an insured event occurs on real estate, then taxation on insurance payments will be determined as follows:

• If the property is destroyed, the basis for the calculation will be the difference between the insurance coverage paid by the insurer and the value of the property, which is valid on the date of the event specified in the insurance contract, to which the amount of insurance payments under the contract is added.
• In case of property damage - the difference between the amount of insurance coverage and the costs of restoration, which are increased by the amount of insurance payments made by the insured.

simplified tax system

If an organization pays a single tax on income, then the costs of property insurance will not affect the tax obligations of the organization in any way (clause 1 of Article 346.14 of the Tax Code of the Russian Federation).

If an organization pays a single tax on the difference between income and expenses, the costs of compulsory property insurance reduce the tax base (subclause 7, clause 1, article 346.16 of the Tax Code of the Russian Federation). Take them into account as you pay insurance premiums (contributions) in full (clause 2 of Article 346.17 of the Tax Code of the Russian Federation).

The costs of voluntary property insurance do not reduce the tax base for the single tax. This is due to the fact that the list of expenses that can be taken into account when calculating the single tax is limited (Article 346.16 of the Tax Code of the Russian Federation). And the costs of voluntary insurance are not included.

Taxes on related payments

In some cases, the insurance company, in addition to paying coverage as a result of an insured event, may make additional payments to the policyholder.

These include:

• fines;
• penalties;
• payments for compensation for moral damage.

They can arise if the insurer does not fulfill its obligations to cover the damage that has occurred. In this case, the policyholder may file a claim in court, and the insurance company will be obliged to reimburse not only the amount of damage coverage, but also to pay fines and penalties for late compensation.

Some types of such income will be subject to personal income tax.

Penalties and fines

All types of penalties and penalties that are assessed for late insurance compensation must be taxed.

Moral injury

If the payment from the insurance company is made in the form of moral damages or to reimburse costs incurred during the trial, then such payment will not be subject to personal income tax.

What it is?

Insurance payments under compulsory motor liability insurance are the money received by the owner of a car who was injured in an accident through no fault of his own, as compensation necessary to pay for repairs or the purchase of a new car in the event of its complete loss.

In this case, payments are made at the expense of the insurance company of the person responsible for the accident, since the compulsory motor liability insurance policy does not provide for the insurance of one’s own car or even someone else’s, but the liability of the policy owner to other road users, which may arise due to his incorrect actions that resulted in an accident.

Payment Features

To determine whether an insurance payment will be taxed, you need to understand what features you may encounter when determining the tax base.

There may be several nuances:

1. Taxpayers can be both individuals and legal entities.
2. All proceeds from insurance companies can be recognized as income of an individual or legal entity.
3. Agreements with insurance companies can be concluded by individuals and legal entities.

Accordingly, income received by both citizens and organizations, as well as institutions, will be taxed.

At the same time, the appearance of income as an object of taxation does not mean that the tax must necessarily be paid. This is due to the fact that there are a number of benefits, as well as features of recognizing income as an object of taxation.

For individuals

The payment of personal income tax by citizens of the Russian Federation is described in Chapter 23 of the Tax Code. It defines that:

• insurance coverage is income;
• insurance payments received as compensation for compulsory insurance will not be subject to tax payments, since they are not subject to taxation.

Important! Entrepreneurs do not belong to the category of legal entities, therefore, the payment of fiscal payments from insurance payments occurs in the manner approved for individuals.

For organizations

Enterprises and institutions are payers of income tax. It is calculated as the difference between all income received by companies and expenses that arose as a result of business and other activities.

The procedure for taxing income is specified in Article 25 of the Tax Code of the Russian Federation. In accordance with this article it is determined that:

• the enterprise must include in non-operating income payments for damage or loss incurred;
• non-operating expenses are losses incurred by the company as a result of an emergency or accident;
• Article 251 of the code defines the list of income that should not be taken into account when forming the tax base.

Taking into account the fact that the estimated amount of income tax is the difference between the income received and the expenses incurred, then:

• when the amount of loss exceeds or equals the amount of insurance coverage, income tax is not calculated;
• if the amount of losses is less than the amount of compensation received, only that part of the payment that exceeds the amount of damage will be subject to income tax.

General Audit Department on the issue of accounting for insurance costs

Answer Civil relations

In accordance with paragraph 1 of Article 421 of the Civil Code of the Russian Federation, citizens and legal entities are free to enter into an agreement.

According to paragraph 4 of Article 421 of the Civil Code of the Russian Federation, the terms of the contract are determined at the discretion of the parties, except in cases where the content of the relevant condition is prescribed by law or other legal acts (Article 422).

In accordance with paragraph 4 of Article 935 of the Civil Code of the Russian Federation, in cases where the obligation to insure does not follow from the law, but is based on an agreement, including the obligation to insure property - on an agreement with the owner of the property or on the constituent document of a legal entity that is the owner of the property, such insurance is not mandatory in the sense of this article and does not entail the consequences provided for in Article 937 of this Code.

In accordance with paragraph 1 of Article 929 of the Civil Code of the Russian Federation, under a property insurance contract, one party (the insurer) undertakes to compensate the other party (the policyholder) or another person in whose favor the an agreement has been concluded (to the beneficiary), losses caused as a result of this event in the insured property or losses in connection with other property interests of the insured (pay insurance compensation) within the limits of the amount specified in the agreement (insurance amount).

According to paragraph 1 of Article 930 of the Civil Code of the Russian Federation, property can be insured under an insurance contract in favor of a person (the policyholder or beneficiary) who has an interest in preserving this property based on law, another legal act or contract.

It follows from these norms that insurance of the lessor’s property is not mandatory, and the lessee (JSC) has the right, at his own discretion, to accept the conditions proposed by the lessor for receiving the property for rental use, or not to accept them. At the same time, the lessor can act as a beneficiary under the insurance contract.

In accordance with paragraph 1 of Article 330 of the Civil Code of the Russian Federation, a penalty (fine, penalty) is a sum of money determined by law or contract, which the debtor is obliged to pay to the creditor in the event of non-fulfillment or improper fulfillment of the obligation, in particular in the case of delay in fulfillment. Upon a claim for payment of a penalty, the creditor is not required to prove that he suffered losses.

According to Article 331 of the Civil Code of the Russian Federation, an agreement on a penalty must be made in writing, regardless of the form of the main obligation. Failure to comply with the written form shall result in the invalidity of the liquidated damages agreement.

Thus, since a specific condition on the application of penalties is included in the terms of the contract drawn up in writing, such a condition is legal.

In accordance with paragraph 2 of Article 450 of the Civil Code of the Russian Federation, at the request of one of the parties, the contract can be changed or terminated by a court decision only:

1) in case of a significant violation of the contract by the other party;

2) in other cases provided for by this Code, other laws or agreement.

A violation of the contract by one of the parties is considered significant, which entails such damage for the other party that it is significantly deprived of what it had the right to count on when concluding the contract.

In accordance with paragraph 1 of Article 450.1 of the Civil Code of the Russian Federation, the right granted by this Code, other laws, other legal acts or an agreement to unilaterally refuse the agreement (execution of the agreement) (Article 310) can be exercised by the authorized party by notifying the other party of the refusal of the agreement (execution agreement). The contract is terminated upon receipt of this notification, unless otherwise provided by this Code, other laws, other legal acts or the contract.

Thus, since the condition for unilateral termination is provided for in the contract, the contract can be terminated by a court decision or unilaterally, in the event of failure by the tenant to fulfill the obligations provided for in the contract.

Accounting

Option #1

In accordance with paragraph 1 of Article 954 of the Civil Code of the Russian Federation, an insurance premium is understood as an insurance fee that the policyholder (beneficiary) is obliged to pay to the insurer in the manner and within the time limits established by the insurance contract.

If the insurance contract provides for payment of the insurance premium in installments, the contract may determine the consequences of failure to pay regular insurance premiums on time (clause 3 of Article 954 of the Civil Code of the Russian Federation).

Based on clause... of the Insurance Agreement (as amended by DS No. 1), payment of the insurance premium is made in installments by quarterly transfer of funds. At the same time, in the above paragraph there is a payment schedule, according to which quarterly payments can be paid in installments. For example:

— for the contract period from 02/01/16 to 03/31/16, the payment deadline is 03/25/16;

— for the contract period from 04/01/16 to 06/30/16, the payment deadline is 06/25/16;

— for the contract period from 07/01/16 to 09/30/16, the payment deadline is 09/25/16;

- etc.

In accordance with clause... of the Insurance Agreement, the agreement comes into force from the moment it is signed and is valid until 24:00 on 12/31/18. The insurance period is from 02/01/16 until the expiration of the contract.

Clause 5.5 of the contract states that if the first payment of the insurance premium is not received to the insurer’s current account in the manner and within the time limits specified in clauses ... or a smaller amount is received, then the contract is considered not to have entered into force. If the contract does not come into force, the paid insurance premium must be returned to the policyholder within 5 working days from the date of notification.

Thus, if the insurance premium is not paid within the prescribed period, the contract is considered not to have entered into force.

In accordance with paragraph 16 of PBU 10/99 “Expenses of the organization”[1], expenses are recognized in accounting if the following conditions are met:

the expense is made in accordance with a specific agreement, the requirements of legislative and regulatory acts, and business customs;

the amount of expenditure can be determined;

there is certainty that a particular transaction will result in a reduction in the economic benefits of the entity. There is certainty that a particular transaction will result in a reduction in the entity's economic benefits when the entity has transferred an asset or there is no uncertainty about the transfer of an asset.

If at least one of the above conditions is not met in relation to any expenses incurred by the organization, then receivables are recognized in the organization’s accounting records.

Since the Insurance Agreement contains a condition that it can be terminated in the event of failure to pay the full amount of the first part of the insurance premium by March 25, 2016 (in this case, if only part of the first installment of the insurance premium is transferred, this part will be returned), then, in our opinion , the conditions for recognizing expenses will be met only if the first part of the insurance premium is transferred on time.

Thus, expenses for the first insurance period should be reflected as follows:

On the payment date:

Dt76 – Kt51 – the first part of the insurance premium is transferred;

Dt20 – Kt76 – insurance premium recognized as expenses for the period from 01/01/16 to 03/31/16.

In accordance with paragraph ... of the Insurance Agreement, upon termination of the insurance agreement at the initiative of the policyholder, the parties are obliged to:

clause ... if the premium paid at the time of termination of the contract exceeds the amount of the insurance premium calculated in proportion to the duration of this contract, the insurer is obliged to return the insurance premium in the amount of the difference between the premium paid by the insured and the insurance premium calculated in proportion to the duration of this contract taking into account the insurer's expenses for maintaining affairs.

clause ... if the premium paid at the time of termination of the contract by the policyholder is less than the amount of the insurance premium calculated in proportion to the duration of this contract, the policyholder is obliged to make an additional payment of the insurance premium in the amount of the difference between the insurance premium calculated in proportion to the duration of this contract and the premium actually paid at the time termination of this agreement.

Thus, in the event of termination of the Insurance Contract at the initiative of the policyholder, the amount of the insurance premium is calculated in proportion to the duration of the insurance contract.

Therefore, starting from the second insurance period, recognition of the insurance premium as expenses should be carried out monthly, in proportion to the days of validity of the insurance contract:

Dt76 – Kt51 – the amount of the insurance premium is transferred;

Dt20 - Kt76 - the amount of the insurance premium is taken into account as expenses in proportion to the number of days the insurance contract is valid in a month (monthly entry).

Option No. 2

In accordance with paragraph 65 of the Accounting Regulations No. 34n[2], costs incurred by the organization in the reporting period, but relating to subsequent reporting periods, are reflected in the balance sheet in accordance with the conditions for recognition of assets established by regulatory legal acts on accounting, and subject to write-off in the manner established for writing off the value of assets.

At the same time, regulatory legal acts on accounting do not establish a special procedure for accounting for expenses under insurance contracts.

. In this connection, formally, insurance costs cannot be taken into account as deferred expenses.

At the same time, it should be noted that no changes were made to the Chart of Accounts and instructions for its use[3]. Since insurance expenses incurred in the current period also apply to future reporting periods, they can be accounted for in account 97.

In this regard, it should be noted the letter of the Ministry of Finance of the Russian Federation dated January 12, 2012 No. 07-02-06/5:

“...in accordance with the Regulations on accounting and financial reporting in the Russian Federation, approved by Order of the Ministry of Finance of the Russian Federation dated July 29, 1998 N 34n, expenses incurred by the organization in the reporting period, but relating to the following reporting periods, are reflected in the balance sheet in in accordance with the conditions for recognition of assets established by regulatory legal acts on accounting, and are subject to write-off in the manner established for writing off the value of assets of this type.

Based on this, if any costs comply with the conditions for recognition of a certain asset established by regulatory legal acts on accounting

(Accounting Regulations “Accounting for Fixed Assets” PBU 6/01, approved by Order of the Ministry of Finance of the Russian Federation dated March 30, 2001 N 26n, Accounting Regulations “Accounting for Inventories” PBU 5/01, approved by Order of the Ministry of Finance of the Russian Federation dated 06/09/2001 N 44n, etc.),
then they are reflected in the balance sheet as part of this asset and are subject to write-off in the manner established for writing off the value of this asset.
Otherwise, such costs are reflected in the balance sheet as deferred expenses and are subject to write-off by their reasonable distribution between reporting periods in the manner established by the organization (evenly, in proportion to the volume of production, etc.) during the period to which they relate ."

Thus, if insurance premiums are considered as expenses that relate to the following reporting periods, then they are recorded in account 97

and are written off in the manner established by the organization to cost accounts. Write-offs can be made evenly, in proportion to the volume of production, etc. The write-off procedure must be fixed in the accounting policy.

Taking into account the above, if the Organization decides to account for insurance costs in the account, on the date of payment of the insurance premium the following entries will be reflected in the accounting:

Dt 76 – Kt 51 – insurance premium paid;

Dt 97 – Kt 76 – insurance expenses are taken into account;

Dt 20 – Kt 97 – insurance expenses are recognized.

At the same time, in accordance with paragraph 7 of PBU 1/2008[4], when forming an organization’s accounting policy on a specific issue of organizing and maintaining accounting, one method is selected from several allowed by the legislation of the Russian Federation and (or) regulatory legal acts on accounting. If the regulatory legal acts do not establish accounting methods for a specific issue, then when forming an accounting policy, the organization develops an appropriate method, based on this and other accounting provisions, as well as International Financial Reporting Standards. At the same time, other accounting provisions are applied to develop an appropriate method in terms of similar or related facts of economic activity, definitions, recognition conditions and procedures for assessing assets, liabilities, income and expenses.

Thus, the chosen method of accounting for insurance costs must be fixed in the accounting policy for accounting purposes.

Income tax

According to subparagraph 5 of paragraph 1 of Article 253 of the Tax Code of the Russian Federation, expenses associated with production and sales include expenses for compulsory and voluntary insurance.

Subparagraph 3 of paragraph 1 of Article 263 of the Tax Code of the Russian Federation establishes that the costs of compulsory and voluntary property insurance include insurance premiums for all types of compulsory insurance

,
as well as the following types of voluntary property insurance
:

— for voluntary insurance of fixed assets for production purposes (including leased ones),

intangible assets, objects of unfinished capital construction (including leased);

Thus, the costs of insuring a leased fixed asset are taken into account as part of the costs associated with production and sales.

Expenses for voluntary types of insurance are included in other expenses in the amount of actual costs (clause 3 of Article 263 of the Tax Code of the Russian Federation).

In accordance with paragraph 6 of Article 272 of the Tax Code of the Russian Federation, expenses

for compulsory
and voluntary insurance are recognized as an expense in the reporting
(tax) period
in which, in accordance with the terms of the agreement, the taxpayer transferred funds to pay insurance premiums
.

If the terms of the insurance contract provide for payment of the insurance premium in a one-time payment, then under contracts concluded for more than one reporting period, expenses are recognized evenly over the term of the contract in proportion to the number of calendar days of the contract in the reporting period.

If the terms of the insurance contract provide for payment of the insurance premium in installments, then for contracts concluded for a period of more than one reporting period

,
expenses for each payment are recognized evenly over the period corresponding to the period of payment of contributions (year, half-year, quarter, month), in proportion to the number of calendar days of the agreement in the reporting period
.

The Letter of the Ministry of Finance of the Russian Federation dated April 23, 2009 No. 03-03-06/1/275 states the following:

"Question:

An organization engaged in the wholesale trade of cosmetics entered into a cargo insurance contract from 01.11.2008 to 31.10.2009. The insurance premium was paid on January 15, 2009. When calculating income tax for 2008, does an organization have the right to take into account expenses in the form of an insurance premium that falls on the period from November 1, 2008 to December 31, 2008, if the insurance contract provides for payment of the insurance premium until January 31, 2009 or until December 31, 2008?

Answer:

The Department of Tax and Customs Tariff Policy has reviewed the letter on the issue of accounting for insurance premiums and reports the following.

Article 272 of the Tax Code of the Russian Federation (hereinafter referred to as the Tax Code of the Russian Federation) establishes the procedure for recognizing expenses using the accrual method.

According to paragraph 1 of Art. 272 of the Tax Code of the Russian Federation, expenses accepted for tax purposes taking into account the provisions of Chapter. 25 of the Tax Code of the Russian Federation are recognized as such in the reporting (tax) period to which they relate, regardless of the time of actual payment of funds and (or) other form of payment and are determined taking into account the provisions of Art. Art. 318 - 320 Tax Code of the Russian Federation.

Expenses are recognized in the reporting (tax) period in which these expenses arise based on the terms of the transactions.

In accordance with paragraph 6 of Art. 272 of the Tax Code of the Russian Federation, expenses for compulsory and voluntary insurance (non-state pension provision) are recognized as an expense in the reporting (tax) period in which, in accordance with the terms of the agreement, the taxpayer transferred (issued from the cash register) funds to pay insurance (pension) contributions . If the terms of an insurance contract (non-state pension provision) provide for the payment of an insurance (pension) contribution in a one-time payment, then under contracts concluded for more than one reporting period, expenses are recognized evenly over the term of the contract in proportion to the number of calendar days of the contract in the reporting period. If the terms of the insurance contract (non-state pension provision) provide for payment of the insurance premium (pension contribution) in installments, then under contracts concluded for more than one reporting period, expenses for each payment are recognized evenly over the period corresponding to the period for payment of contributions (year, half-year, quarter, month), in proportion to the number of calendar days of the agreement in the reporting period.

According to paragraph 1 of Art. 957 of the Civil Code of the Russian Federation, an insurance contract, unless otherwise provided in it, comes into force at the time of payment of the insurance premium or its first installment.

Consequently, the insurance contract can come into force before the payment of the insurance premium or its first installment, if this is provided for in the contract

.

In this case, the expense in the form of an insurance premium under an insurance contract that entered into force before the payment of the insurance premium is subject to recognition for the purposes of taxation of corporate profits in the general manner established in clause 6 of Art. 272 of the Tax Code of the Russian Federation.

If the insurance contract provides for payment of the insurance premium in a one-time payment, then under such a contract concluded for a period of more than one reporting period, expenses are recognized evenly over the term of the contract in proportion to the number of calendar days of the contract validity in the reporting period, regardless of the time of actual payment of the insurance premium

».

Thus, paragraph 6 of Article 263 of the Tax Code of the Russian Federation establishes a direct procedure for allocating insurance expenses for the purpose of calculating income tax: in proportion to the number of calendar days of validity of the insurance contract, regardless of the actual payment of the insurance premium.

About tax risks

Let us note once again that the norm of subparagraph 3 of paragraph 1 of Article 263 of the Tax Code of the Russian Federation directly provides for the possibility of taking into account the amount of the insurance premium under an insurance contract for leased property in expenses.

The Letter of the Federal Tax Service of the Russian Federation for Moscow dated 07/05/06 No. 20-12/59015 “On the procedure for accounting for contributions for voluntary insurance of fixed assets for production purposes for profit tax purposes” states the following:

"Question:

For profit tax purposes, does an organization have the right to include in other expenses insurance premiums for voluntary insurance of a fixed asset for production purposes if these contributions are determined taking into account the insurance value and the actual value of the fixed asset exceeds its book residual value?

Answer:

In accordance with subparagraph 5 of paragraph 1 of Article 253 and subparagraph 3 of paragraph 1 of Article 263 of the Tax Code of the Russian Federation, expenses for voluntary property insurance, including insurance premiums for voluntary insurance of fixed assets for production purposes (including leased ones), are taken into account when forming the tax base for income tax .

Based on paragraph 1 of Article 257 of the Tax Code of the Russian Federation, fixed assets for production purposes are part of the property used as means of labor for the production and sale of goods (performing work, providing services) or for managing an organization.

According to paragraph 3 of Article 263 of the Tax Code of the Russian Federation, expenses for voluntary property insurance are included in other expenses in the amount of actual expenses for profit tax purposes.

A voluntary property insurance contract is a civil contract. The conditions under which a voluntary property insurance contract is concluded are regulated by the Civil Code of the Russian Federation.

In paragraph 1 of Article 929 of the Civil Code of the Russian Federation, under a property insurance contract, one party (the insurer) undertakes, for the payment stipulated by the contract (insurance premium), upon the occurrence of an event (insured event) provided for in the contract, to compensate the other party (the policyholder) or another person in whose favor the contract was concluded contract (to the beneficiary), losses caused as a result of this event in the insured property or losses in connection with other property interests of the insured (pay insurance compensation) within the limits of the amount specified in the contract (insurance amount).

When insuring property, unless otherwise provided by the insurance contract, the insured amount should not exceed its actual value (insurance value).

In accordance with Article 945 of the Civil Code of the Russian Federation, when concluding a property insurance contract, the insurer has the right to inspect the insured property, and, if necessary, order an examination in order to determine its actual value.

In accordance with Article 7 of the Federal Law of July 29, 1998 N 135-FZ “On Valuation Activities in the Russian Federation” (hereinafter referred to as Law N 135-FZ) in the event that a regulatory legal act containing a requirement for the mandatory assessment of any object valuation, or the valuation agreement does not specify a specific type of value of the valuation object, the market value of this object is subject to determination.

This rule also applies in the case of the use in a normative legal act of terms not provided for by the above federal law or valuation standards that determine the type of value of the valuation object, including the terms “true value”, “reasonable value”, “equivalent value”, “real value” "and others.

Thus, when insuring property and determining the insurable value, the parties to the contract should proceed from the actual value of the property, which may be equivalent to the market value of the property at its location on the day the insurance contract is concluded.

Therefore, for profit tax purposes, expenses in the form of insurance premiums for voluntary insurance of a fixed asset for production purposes are legitimately included in other expenses in the amount of actual expenses

if the actual (market) value of this fixed asset exceeds its book value. For insurance purposes, the actual (market) value must be determined by a professional real estate market appraiser in accordance with Law No. 135-FZ.”

For insurance contracts for leased property, for which the tenant is the beneficiary, we inform you as follows.

Based on paragraph 1 of Article 252 of the Tax Code of the Russian Federation, expenses are recognized as justified and documented expenses

carried out by the taxpayer.

Justified expenses mean economically justified expenses

, the valuation of which is expressed in monetary terms.

Documented expenses mean expenses confirmed by documents drawn up in accordance with the legislation of the Russian Federation, or documents drawn up in accordance with business customs applied in the foreign state in whose territory the corresponding expenses were incurred, and (or) documents indirectly confirming the expenses incurred. expenses (including customs declaration, business trip order, travel documents, report on work performed in accordance with the contract).

Any expenses are recognized as expenses, provided that they are incurred to carry out activities aimed at generating income.

.

Thus, the necessary conditions for recognizing expenses for the purpose of calculating income tax are:

— economic feasibility;

- focus on generating income;

— availability of documentary evidence.

The concepts of economic feasibility and income-generating focus are not clearly defined. The criteria for classifying expenses as justified and aimed at generating income are subjective in nature and are assessed based on the specific circumstances of the case. In connection with this, disputes often arise with the tax authorities on this issue.

The Constitutional Court in its Determinations dated December 16, 2008 No. 1072-O-O, dated June 4, 2007 No. 320-O-P and dated June 4, 2007 No. 366-O-P explained the main points related to the interpretation of the concepts of justification and economic justification and application norms of Article 252 of the Tax Code of the Russian Federation:

1. Expenses are justified and economically justified if they were incurred to carry out activities aimed at generating income. In this case, only the purpose and direction of such activity matters, and not its result.

(paragraph 7, 8 paragraph 2 of Definition No. 1072-O-O, paragraph 3, 4 paragraph 3 of Definition No. 320-O-P, paragraph 3, 4 paragraph 3 of Definition No. 366-O-P).

2. The economic justification of expenses cannot be assessed based on their feasibility, rationality, efficiency or the result obtained (paragraph 9, paragraph 2 of Definition No. 1072-O-O, paragraph 5, paragraph 3 of Definition No. 320-O-P, paragraph 5 clause 3 of Definition No. 366-O-P).

Only the taxpayer alone has the right to evaluate the expediency, rationality, and efficiency of financial and economic activities

. Thus, based on the principle of freedom of entrepreneurial activity, the courts are not called upon to check the economic feasibility of business decisions made by the taxpayer (paragraphs 9, 10 paragraph 2 of Definition No. 1072-О-О, paragraphs 5, 6 paragraph 3 of Definition No. 320- O-P, paragraph 5, 6 clause 3 of Definition No. 366-O-P, Determination of the Supreme Arbitration Court of the Russian Federation dated August 12, 2008 No. 9783/08).

4. All expenses incurred by the organization are initially assumed to be justified. It is the tax authorities who must prove their groundlessness (paragraph 11, 13 paragraph 2 of Definition No. 1072-O-O, paragraph 7, 9 paragraph 3 of Definition No. 320-O-P, paragraph 7, 9 paragraph 3 of Definition No. 366-O-P).

In addition, according to regulatory authorities, the focus on generating income arises when expenses are directly related to activities aimed at generating income

, while this circumstance does not mean that the Organization should actually receive income -
Letters of the Ministry of Finance of the Russian Federation dated 09.05.12 No. 03-03-06/4/96, dated 12.19.11 No. 03-03-06/1/833, dated 08.25.10 No. 03-03-06/1/565, dated 04.21.10 No. 03-03-06/1/279, dated 07.17.08 No. 03-03-06/1/414, Federal Tax Service of the Russian Federation for Moscow from 10.19.10 No. 16-15/
[email protected] .

From the foregoing, we can conclude that, until the opposite is proven by the tax authorities, expenses are recognized as economically justified. Moreover, since the taxpayer has the right to assess the expediency, rationality, and effectiveness of expenses solely based on the risks of his business activities, such assessments by the tax authorities cannot be the basis for recognizing expenses as unreasonable.

The focus on generating income is evidenced by the direct connection of expenses with the entrepreneurial activities of the organization

. The fact that there is no economic benefit in connection with the amount of expenses incurred cannot be a basis for refusing to recognize such expenses.

It should be taken into account that the norm of subparagraph 3 of paragraph 1 of Article 263 of the Tax Code of the Russian Federation does not contain a condition on the beneficiary. The only condition is that fixed assets must be for production purposes.

We also draw your attention to Letter of the Ministry of Finance of the Russian Federation dated July 10, 2003 No. 04-02-05/2/34:

"Question:

Are the expenses of the insured organization (lessee) for insurance of leased property in favor of the beneficiary (lessor) taken into account for profit tax purposes in accordance with Article 263 of the Tax Code of the Russian Federation?

Answer:

The Tax Policy Department has reviewed the letter on the procedure for applying Article 263 of the Tax Code of the Russian Federation and reports the following.

It follows from the letter that property insurance is voluntary.

In accordance with Article 929 of the Civil Code of the Russian Federation, under a property insurance contract, one party (the insurer) undertakes to compensate the other party (the policyholder) or another person for the benefit of which the contract was concluded (the beneficiary), losses caused as a result of this event in the insured property or losses in connection with other property interests of the insured (pay insurance compensation) within the limits of the amount specified in the contract (insurance amount).

In accordance with clause 1 of Article 263 of the Tax Code of the Russian Federation (hereinafter referred to as the Code), costs for compulsory and voluntary property insurance include insurance premiums for all types of compulsory insurance, as well as for types of voluntary property insurance listed in this article. It must be borne in mind that the specified list of types of voluntary property insurance is closed.

Thus, insurance premiums (contributions) for compulsory insurance can be recognized for profit tax purposes if there is a law on compulsory insurance, which stipulates the objects subject to compulsory insurance, the risks against which they must be insured, and the insurance organization has a license for the corresponding compulsory type of insurance.

In the case of voluntary insurance of property, including leased property, for profit tax purposes, expenses in the form of insurance premiums are taken into account only for the types listed in Article 263 of the Code.

Expenses for the voluntary types of insurance specified in Article 263 of the Code are included in other expenses in the amount of actual expenses.”

Thus, in answer to the question about accounting for the costs of insuring leased property, the beneficiary of which is the lessor, the Ministry of Finance referred to the provisions of Article 263 of the Tax Code of the Russian Federation, which allows the costs of voluntary insurance of leased fixed assets for production purposes to be taken into account as expenses.

Taking into account the above, in our opinion, the Organization has the right to take into account the amount of the insurance premium under the leased property insurance contract, the beneficiary of which is the lessor. At the same time, we consider the risk of claims from tax authorities to be unlikely.

However, taking into account the production nature of the leased premises, as well as the norms of the Civil Code of the Russian Federation that do not prohibit the appointment of third parties as beneficiaries, the Organization has a high chance of defending its position in court.

College of Tax Consultants, July 01, 2021

[1] Order of the Ministry of Finance of Russia dated 05/06/99 No. 33n (hereinafter referred to as PBU 10/99)

[2] Regulations on maintaining accounting records and financial statements in the Russian Federation, approved by Order of the Ministry of Finance of the Russian Federation dated July 29, 1998. No. 34n

[3] Order of the Ministry of Finance of the Russian Federation dated October 31, 2000 No. 94n

[4] Order of the Ministry of Finance of the Russian Federation dated October 6, 2008 No. “On approval of accounting regulations” (together with the “Accounting Regulations “Accounting Policy of the Organization” (PBU 1/2008)"

Answers to the most interesting questions on our telegram channel knk_audit
Back to section

Payment procedure

The tax payment process includes the following steps:

• calculation of the amount to be paid;
• preparation of relevant documents;
• making a payment to the budget.

How to calculate tax

The personal income tax rate is 13%. Based on this value, individuals must make payments. The payment itself must be paid the following year, after receiving the insurance compensation. To calculate the tax base, it is necessary to subtract the costs of eliminating the consequences of the damage from the total amount of compensation received (the actual coverage of the amount of damage, as well as possible penalties and compensation for moral damage).

Legal entities are required to pay income tax at a rate of 20%. It is calculated as the difference between all income and expenses received by the company.

List of documents

When paying tax, an individual submits a declaration of income received for the previous year, completed in Form 3-NDFL. No additional documents are required.

For a legal entity, when filling out an income tax return, it is required to attach documents on the basis of which income and expenses were recorded.

If we talk about insurance costs, then to confirm them it is necessary to provide contracts for the repair of the company’s vehicle or real estate, and other documentation confirming the costs associated with eliminating the damage.

Step-by-step instruction

The procedure for paying tax on insurance payments is as follows:

• A citizen receives a notification from the insurer that he needs to pay tax on the insurance payment received.
• The declaration completed in Form 3-NDFL must be submitted to the relevant authorities no later than April 30 of the following year. In the “Insurance” section, you must indicate the amount of income from which the fiscal payment is made.
• The personal income tax payment itself must be completed before July 15 of the year in which the income tax return was filed.

Liability for non-payment

Current legislation presupposes the liability of a person who has not paid or has lately made a personal income tax payment. Thus, in accordance with Article 122 of the Tax Code, an unscrupulous taxpayer will be punished with a fine amounting to 20% of the amount of the tax liability.

Thus, the citizen will have to pay not only the tax arrears, but also a fine.

Legal basis

According to Article 4 of the Law on Compulsory Motor Liability Insurance, vehicle owners, as insurers, are required to insure at their own expense the risk of their civil liability, which may occur as a result of causing harm to the life, health or property of others when using vehicles.

The right to own a vehicle can arise on various legal grounds. This may be the acquisition of ownership, receipt of economic or operational management, or on another legal basis (lease right, power of attorney for the right to drive a vehicle, order of the relevant authority to transfer the vehicle to this person, etc.). The legislator, using the word “owner,” expands this concept, emphasizing that the owner is not necessarily the owner.

A person who drives a vehicle due to the performance of his official or labor duties, including on the basis of an employment or civil contract with the owner or other owner of the vehicle, is not the owner of a vehicle.

When the right of ownership arises, the owner of the vehicle is obliged to comply with the general rule established in paragraph 2 of Article 4 of the Law on Compulsory Motor Liability Insurance. The owner must insure his civil liability before registering the vehicle, but no later than five days after this right arises.

The obligation to insure civil liability applies to owners of vehicles used on the territory of the Russian Federation . However, the Law provides exceptions to this rule. Owners of those vehicles whose maximum design speed is no more than 20 km/h are not required to insure their vehicles; which, due to technical characteristics, are not allowed by law to participate in road traffic on the territory of the Russian Federation; registered in foreign countries, if the civil liability of the owners of such vehicles is insured within the framework of international compulsory insurance systems, of which the Russian Federation is a participant, etc.

The obligation to insure civil liability does not apply to the owner of a vehicle whose liability risk is insured by another person (the policyholder).

The OSAGO Law describes 11 exceptions when the insurer does not pay insurance compensation to the policyholder. For example, with civil liability insurance, the risk is not paid in the event of moral damage and compensation for lost profits (lost income), etc.

Legal relations under compulsory motor liability insurance are subject to registration on the basis of the standard terms of the compulsory insurance contract, which must comply with the standard rules of compulsory insurance issued by the Government of the Russian Federation.

The rules for civil liability insurance of vehicle owners were approved by Decree of the Government of the Russian Federation dated May 7, 2003 No. 263 (hereinafter referred to as the Rules). The Rules establish standard conditions on which a compulsory motor liability insurance agreement is concluded. The rules, in particular, determine:

• object of compulsory insurance - property interests associated with the risk of civil liability of the vehicle owner for obligations arising from causing harm;
• insured event - harm caused by a traffic accident;
• the insured amount, the insurance premium and the procedure for its payment;
• validity period, procedure for concluding, changing, extending the validity period, early termination of a compulsory insurance contract;
• actions of persons upon the occurrence of an insured event;
• the procedure for determining the amount and making payment when harm is caused to the victim;
• settlement of disputes.

The insurance amount , within which the insurer undertakes to compensate the victims for the harm caused upon the occurrence of each insured event (regardless of their number during the validity period of the compulsory insurance contract), is 400 thousand rubles. (Article 7 of the Law on Compulsory Motor Liability Insurance). It also indicates the limit (limit) of the amounts in which the insurer is obliged to pay in terms of compensation for harm caused to life or health.

The presence of a voluntary civil liability insurance policy does not replace the need for compulsory insurance.

According to Part 1 of Article 10 of the Law on Compulsory Motor Liability Insurance, the validity period of the compulsory insurance contract is for one year, with some exceptions.

The compulsory insurance contract is extended for the next year unless the policyholder notifies the insurer of its refusal to renew it no later than two months before its expiration. The validity of the extended contract does not terminate if the policyholder is late in paying the insurance premium for the next year by no more than 30 days. Moreover, if an insured event occurs during this period, the insurer is not relieved of the obligation to make an insurance payment.

When extending a compulsory insurance contract, the insurance premium for the new term of its validity is paid in accordance with the insurance rates in force at the time of its payment.

If the insured is a participant in an accident, he is obliged to inform other participants in the accident, at their request, information about the compulsory insurance agreement under which the civil liability of the owners of this vehicle is insured.

A person who has not concluded a compulsory motor liability insurance agreement or does not have a compulsory insurance policy with him while driving a vehicle may be subject to administrative liability in the form of a fine.

According to Article 12.37 of the Code of Administrative Offenses of the Russian Federation, failure by the owner of a vehicle to fulfill the obligation to insure civil liability established by Law No. 40-FZ entails the imposition of administrative fines:

• for driving a vehicle without an MTPL policy, a fine in the amount of 5 to 8 minimum wages (from 500 to 800 rubles);
• for driving a vehicle outside the seasonal insurance period, a fine of 3 minimum wages (300 rubles);
• for driving a vehicle by a driver who is not included in the list of persons allowed to drive (in case of insurance with a limitation on the number of drivers), a fine of 3 minimum wages (300 rubles).

In addition, the police have the right to prohibit the operation of a vehicle in the absence of a compulsory motor liability insurance agreement. Damage caused by a vehicle whose owner has not insured his civil liability is subject to compensation according to the rules of civil legislation of the Russian Federation.

Accounting of insurance payments to SRO

Postings for SRO payments - three types of contributions and insurance ( insurance premiums ) - are made for the accounting period, they should be included in current expenses. Despite the annual accounting period, the accounting department of the SRO is allowed to distribute these funds by quarters or months, or write them off at a time (as will be recorded in the accounting policies of the SRO). The one-time write-off method is more expedient, with the exception of the passage of large amounts through accounts that greatly affect the reporting of certain periods.

To take into account insurance costs, you need to use the special subaccount recommended by PBU, account 76: 76.1 “Calculations for property and personal insurance”, separately for each concluded civil liability insurance contract. The postings will be as follows:

• debit 76.1, credit 51 “Current accounts” (71 “Settlements with accountable persons”) – payment of insurance premium;
• debit 51 (71), credit 76.1 – return of part of the insurance premium if the contract is terminated early.

Accounting must begin from the day the insurance contract comes into force.

NOTE! If the insurance premium is not paid immediately, but in installments, the amount must be written off not during the entire term of the contract, but only for the period during which the payment was actually made.

SRO insurance mechanism

To carry out insurance, a corresponding agreement is concluded between the members of the SRO and the insurance company they choose. An SRO may accept the need to accredit an insurance company, that is, to harmonize the requirements of the SRO and the rules adopted by insurers. An insurance contract can be:

• individual - concluded with each member separately (this mainly occurs with voluntary insurance);
• collective – all members of the SRO are insured at once (easier with compulsory insurance).

The contract can be concluded for a specific period (usually a year is chosen) or “tied” to a specific object of work.

If an insured event occurs, the insurance company guarantees compensation based on the amount specified in the contract. If the funds are insufficient, they will be supplemented by a specially created compensation fund, to which SRO members make regular contributions.

Legislative acts on the topic

SRO: admission instead of a license

What is a self-regulatory organization? This is a structure whose purpose is not direct profit making, but performs two main functions:

• association of certain specialists or businessmen;
• regulation of compliance with legal requirements within the framework of professional activities.

FOR YOUR INFORMATION! The rules and features of the functioning of SROs are determined by Federal Law No. 315-F3 “On Self-Regulatory Organizations” dated December 1, 2007.

Instead of state licensing of certain activities, a system of independent regulation is being introduced by a special organization, namely an SRO, which issues permits for the required types of work. Admission is granted only to members of the SRO, who can become on a voluntary basis, or it is declared mandatory.

The expenses incurred by SRO members are as follows:

• fees – entrance, membership, compensation;
• civil liability insurance.

I received a letter with taxes - can I not pay and what are the consequences?

You can always not pay, but you must understand that this will be a tax offense for which liability is provided. The amount of the penalty will depend on whether you filed a tax return or not, and can be up to 30-40% of the tax amount. But paying a fine does not relieve you from the obligation to pay the tax itself, so possible “losses” must be summed up.

The deadline for filing a tax return is set until April 30 of the following year, and the tax on this return must be paid no later than July 15. If you miss these deadlines, but still decide to pay the tax, the main thing is to do it before the tax authorities discover the non-payment, then you can avoid a fine.

This topic is becoming more and more relevant, because in a situation where there is less and less money in the treasury, they remember all the debtors of the state.

Internal insurance rules

The SRO is authorized to determine the features of insurance independently, the main thing is that they do not contradict a number of state regulations governing the activities of self-regulatory organizations, namely:

• Civil Code of the Russian Federation;
• Law of the Russian Federation of November 27, 1992 No. 4015-1 “On the organization of insurance business in the Russian Federation”;
• Federal Law No. 315 “On Self-Regulatory Organizations”;
• Town Planning Code of the Russian Federation (if we are talking about SROs in construction).

The insurance requirements that need to be established by the SRO must clarify the following points:

• what the insurance service will consist of;
• will the agreement be individual or collective;
• temporary or object;
• how it will be concluded and terminated;
• is it possible to make changes, if so, how;
• how issues will be resolved if an insured event occurs (pre-trial settlement, by agreement, mandatory notification by SRO members of the occurrence of an insured event);
• how to control the issued requirements (monitoring, scheduled inspections, disciplinary measures).

IMPORTANT! These conditions cannot contain any special individual requirements for insurance companies that could reduce competition between them.

Insurance rate

On the one hand, it is more profitable to establish a larger insurance amount, since in an insured event it will be compensated by the insurance company in a larger volume, and most often in full, and you will not have to resort to the compensation fund. On the other hand, a high sum insured means large insurance premiums, which will not be “to the taste” of SRO members, who must pay regularly.

Methodological recommendations advise establishing a “golden mean” - 5% of the annual revenue of a construction company or a contract, at least 5 million rubles. The upper limit of the insured amount was declared to be 100 million rubles.