Housing association (CAV) is constructing a residential home contracting method the means of shareholders - members of Housing Cooperative (shares). Accrued shares (total 50 000 000 rub.) Shareholders made in full to the account of CAV. Construction costs amounted to 50 000 000 rubles. (including VAT 7 627 119 rub.). At the time of entering the house in operation all the apartments in a newly built house is fully paid. As reflected in the accounting CAV data transactions?
CAV recognizes the consumer cooperative, because it has characteristics of the organization listed in paragraph 1 st.116 the Civil Code, namely, a voluntary association of citizens and legal persons on the basis of membership in order to meet material and other needs of the participants carried out by uniting its members property shares. Consumer cooperatives in accordance with the Civil Code are non-profit organizations <*>.
In accounting ZHSK mutual contributions of its members are recognized as a trust fund be credited to the 86 "Target funding and charged to 76" Settlements with various debtors and creditors, which in this case take into account estimates of shareholders (Chart of Accounts financial business organizations and its implementing regulation, approved by Order of the Ministry of Finance of Russia from 31.10.2000 N 94n). Upon receipt of the organization's current account sums shares account 76 is credited in correspondence with the debit account 51 "Current accounts".
Cost the developer (in this case - CAV) according to accepted for payment or paid for contracting work performed by contractors to complete construction of the facilities are accounted for as assets under construction before their entry into service or the delivery of the investor (item 7 The provisions on accounting, "Accounting contracts ( contracts) for capital construction "PBU 2 / 94, approved by Order of the Ministry of Finance of Russia from 20.12.1994 N 167). Consequently, the cost of housing cooperative to build a dwelling house, carried out by contractors means, accumulate in the account 08 "Investment in fixed assets, sub-08-3" Construction of fixed assets ", in the correspondence in this case, with a score of 60" Payments to suppliers and contractors " . VAT amounts brought by the contractors, are reflected in the debit account 19 "Value-added tax on acquired values" and credited to the account 60.
According p.32.1 guidance on the application of Chapter 21 "Value-added tax, the RF Tax Code, approved by Order of the MNS of Russia from 20.12.2000 N BG-3-03/447 are not counted when determining the tax base for VAT income for the maintenance of trust non-profit organizations and maintain their statutory activities, in particular the mutual contributions.
The object of taxation for VAT in accordance with claim 1 st.146 Tax Code is the transfer of ownership of the realizable property.Members of the housing cooperative, all who have made their share of contribution for an apartment provided by these individuals' cooperative, acquire ownership of said property and share in the ownership of the common property of the house (p.4 article 218, st.290 Civil Code). In this case a housing cooperative ownership of housing does not arise. Consequently, the transfer of housing stock shareholders ZHSK not entail the transfer of ownership of said property and not subject to VAT.
Based on the foregoing, the amount of VAT, bringing the contractor, relating to housing, which will be submitted at shareholders is not subject to tax deduction, established p.2 st.171 Tax Code. This amount of VAT can be accounted for by the organization in the value of homes being built in accordance with Clause 2 st.170 Tax Code. In this case, the amount of VAT is deducted from the account of the 19 debit account 08, sub 08-3.
Since the subject to all the members of Housing Cooperative Housing Cooperative shares does not arise from the ownership of housing, with the state registration of ownership of the flats allocated to the members of Housing Cooperative, made directly by the owners (members of Housing Cooperative), then passed to the operation of apartment house, built by CAV not recognized in fixed assets in connection with those that are not fulfilled conditions set by paragraph 4 of the Regulations on Accounting, Asset Accounting "PBU 6 / 01, approved by Order of the Ministry of Finance of Russia from 30.03.2001 N 26n.
To complete construction are taken in the operation of facilities, receipt of which is decorated in the established procedure (p.3.2.1 provisions on accounting term investments, approved by the Ministry of Finance Letter of Russia from 30.12.1993 N 160). In accordance with this paragraph and the provisions of the Regulations on the chart of accounts in this case, registered CAV (developer) costs of the completed project in the amount of its inventory value debited from the account 08, sub 08-3, in a debit to the source of funding (through 86) .
According to claims 1 Paragraph 2 of Article 251 Tax Code, when determining the tax base for income tax does not include trust income for the maintenance of non-profit organizations and maintain their statutory activities, which, inter alia, mutual investments. In this case the target recipients of these revenues are required to keep separate records of income (expenses) received (incurred) within the target income. Thus, the amount received by CAV shares are not recognized in the tax accounting income housing cooperative, and, accordingly, made at the expense of those funds do not form a tax base for profit tax organization.
According to Clause 1 st.256 Tax Code, a dwelling house, built by members of the housing cooperative shares and put into operation, is not recognized depreciable assets (fixed assets), since the right of ownership to it at the CAV for it.
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VAT submitted |
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Payments made |
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| Act of acceptance |
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