VAT on the sale of land by a legal entity

One of the key areas of development for 1C:Accounting 8 version 3.0 is its simplification. Starting with version 3.0.65, it has become easier to register the acquisition of a land plot in the program. Now, to reflect this operation in accounting, a special document “Acquisition of land plots” is provided.

It would seem that with the main tools in the 1C: Accounting 8 version 3.0 program, everything has long been clear and simple, why simplify anything else? But accounting for land plots as fixed assets has some peculiarities.

Note

To simplify the accounting of fixed assets in “1C: Accounting 8”, see the article “Simplification of accounting for fixed assets in “1C: Accounting 8”.

Payment and reimbursement of VAT for the purchase and sale of land by a legal entity

The obligation to make a tax payment arises if the payer has a corresponding taxable object. A popular question is whether a sales transaction is subject to VAT, for example, on the sale of a land plot by a legal entity. According to the Tax Code of the Russian Federation, the object of taxation will be the sale of products or services within the Russian Federation.

According to existing legislation, the sale of goods is the transfer of ownership of real estate or other property on a reimbursable basis. When answering the question whether the sale of land is subject to tax, you should take into account the provisions of Article 146 of the Tax Code of the Russian Federation. According to them, the sale of such real estate is not subject to VAT. It turns out that when carrying out an action there are no requirements to make a payment to the budget.

The sale of property that is municipal is also not recognized as a taxable transaction, according to Article 146 of the Tax Code. However, according to Article 161, the sale of municipal land may entail the need to make a payment, and the buyer may become a tax agent and will need to transfer the withheld fee to the budget.

According to a letter from the Ministry of Finance dated January 13, 2010, the sale of state lands is not considered a taxable object, and there are no requirements to make payments to the budget.

The right to land under the building is guaranteed by law

Article 272 of the Civil Code states: upon transfer of ownership of a building that belonged to the owner of the land plot on which it is located, ownership of the land plot occupied by the building and necessary for its use passes to the acquirer of the building.

Article 35 (clause 4) of the Land Code explains: if the building and the plot belong to the same person, then their alienation occurs simultaneously; Alienation of a land plot without a building located on it is not permitted.

These norms demonstrate the principle of the unity of fate of the land plot and the property located on it.

In the event of transfer of ownership of a building to several persons, the legal regime of the land plot is determined taking into account the shares of each of them in the ownership of the building. This rule applies to the transfer of premises.

Current

An object of fixed assets owned by two or more organizations is reflected by each organization as part of fixed assets in proportion to its share in the common property (clause 6 of PBU 6/01).

A change in the ownership of a building occurs in transactions of purchase and sale or donation, transfer of a building (premises) as a contribution to the authorized capital of another legal entity or a contribution to a simple partnership.

State registration of the transfer of ownership of the land plot occupied by the building and owned by the previous owner of the building is carried out simultaneously with the state registration of the transfer of ownership of the building (Article 25.5 of the Federal Law of July 21, 1997 No. 122-FZ “On State Registration of Rights on real estate and transactions with it").

But during the shared construction of apartment buildings, there is no transfer of ownership of the premises. They are immediately registered as the property of shareholders (Clause 2, Article 16 of the Federal Law of December 30, 2004 No. 214-FZ “On participation in shared construction of apartment buildings and other real estate…”). At the same time, the land plot on which the apartment building is located has a special status. The plot belongs to the common property in an apartment building and belongs to the owners of the premises in the apartment building on the right of common shared ownership. The basis is subparagraph 4 of paragraph 1 of Article 36 of the Housing Code. And the state registration of the emergence, as well as the transfer of the right to residential or non-residential premises in apartment buildings, is at the same time the state registration of the inextricably linked right of common shared ownership of common property (clause 2 of article 23 of Law 122-FZ, clause 5 of article 16 of the Law 214-FZ).

The share of the owner of premises in an apartment building in the right of common ownership of the common property in this building (including the land plot under the apartment building) is proportional to the size of the total area of ​​​​the specified premises (Part 1 of Article 37 of the Housing Code of the Russian Federation).

Payment of tax contributions – buyer and seller

If land is sold by a legal entity, it has the obligation to pay income tax. Despite the fact that the sale of land plots is not subject to a fee, some payments are still required. The rate for enterprises operating on a common system is 24%. If companies operate under a special regime (STS), the percentage is reduced to 15%.

Thus, when selling a land plot by a legal entity, a payment is required. A popular question is whether the sale of land plots by individuals is subject to VAT. According to the Tax Code, they must transfer personal income tax. Not only persons with Russian citizenship, but also foreign citizens must pay income from the transaction.

The latter are divided into two groups – residents and non-residents. Residents pay a fee at a rate of 13%; non-residents are not provided with these benefits - they need to contribute 30% to the budget. If a citizen has made tax payments on time and without violations, he has the right to receive a deduction in accordance with Article 220 of the Tax Code of the Russian Federation. Its size is 1,000,000 when sold.

Value added tax can be collected when carrying out work, importing products with subsequent sale, or transferring ownership rights. However, according to Article 146, transactions for the sale of land plots are not subject to such a fee. There are also features of the sale of municipal real estate. According to most opinions, VAT is not charged on the sale of land that belongs to the municipal fund.

conclusions

An increase in the tax burden on citizens can be direct or indirect. The transition to cadastral calculation is an example of a direct increase. The indirect nature of the increase in burden includes a change in the taxation system for the sale of housing.

It is quite possible that an indirect tax increase will have a much stronger impact on the financial well-being of citizens than a direct one. In any case, the exercise of your right to housing, which, according to Art. 40 of the Constitution of the Russian Federation, the state guarantees to its citizens is becoming more and more complex.

Accounting and taxation of transactions with land plots

Real estate accounting has its own peculiarities. It is necessary to comply with certain conditions when accepting a site for accounting, writing off costs, etc. The rules for registering land transactions are prescribed in the Civil Code.

When selling land, an agreement on the transaction must be drawn up in writing. VAT is not paid when selling a land plot, according to the Tax Code of the Russian Federation.

According to accounting rules, real estate is classified as fixed assets. It is accepted for accounting if the company uses it in its work or rents it out, the use will be more than 1 year, subsequent resale is not planned, the property is purchased to be used in income-generating activities. When purchasing property, it is taken into account at the original price, which includes payment for the land itself, the cost of real estate services, state duty, etc.

Actions with property are carried out subject to a written agreement. A total of three copies are required - 2 for interested parties and 1 submitted to Rosreestr. The property is registered on account 8 after the transfer of the property in fact or after the signing of the contract.

Expenses for the purchase of property are recorded in account 8 and 60.76 accounts. State duty is included in the price of land using the following entries:

• DT69KT51.
• DT08KT68.

Accounting is further carried out based on the purposes of application. Thus, land is classified as fixed assets, and the purchase and sale agreement must be drawn up only in writing, taking into account the requirements of the law. The right to real estate must be registered, and the sale of the plot is not subject to value added tax.

Do I need an invoice?

An invoice is a document in a prescribed form drawn up by the seller. The completed form contains information about the interacting parties and the subject of the transaction. It is necessary for the buyer to obtain the right to a VAT refund.

The invoice is the main document related to VAT. It is issued if two conditions are simultaneously met:

• the seller company is a tax payer;
• an operation subject to taxation has been carried out.

In this case, doubts may also arise about the need to issue an invoice. The document must be drawn up by a company that is a VAT payer, even if the goods sold are not subject to this tax. In this case, a note is made in the corresponding column of the form: “Without VAT.”

However, land is not just a commodity that is not subject to inclusion in the VAT base. The sale of plots is not subject to tax at all, therefore, one of the conditions under which the form must be issued is violated. Thus, when selling land, there is no need to prepare an invoice.

This does not mean at all that issuing a document will be considered an error and will result in a fine for the company from regulatory authorities. It is possible to draw up and submit an invoice to the buyer when selling land, but its presence is not strictly necessary in this situation.

A sample act of acceptance and transfer of land can be downloaded in the article: “Act of acceptance and transfer of land”

Tax on the sale of land for individuals

VAT is not paid when selling a land plot by a legal entity or an individual, so we can say that this type of transaction is not subject to VAT. In this case, income tax may be charged both from Russian citizens and from residents and non-residents.

If an individual sells a plot, he pays personal income tax in accordance with the norms of the Tax Code of the Russian Federation. The payment rate is 13%. However, if the transaction was carried out by non-residents, the fee increases to 30%.

In case of intentional or unintentional evasion of payments, the violator faces sanctions in the form of a fine or penalty, and other measures may be taken under existing laws.

Simplification of acceptance of land plots for accounting in 1C: Accounting 8

In accordance with the Instructions for the use of the chart of accounts (approved by order of the Ministry of Finance of Russia dated October 31, 2000 No. 94n), the costs of an organization’s acquisition of land plots are taken into account in subaccount 08.01 “Acquisition of land plots”.

In “1C: Accounting 8”, the analytical accounting of costs for the acquisition of land plots and costs for the acquisition of fixed assets is different (different subcontos are used). Therefore, until recently, the acquisition and acceptance of land plots for registration in the program could only be formalized using Receipt documents (deed, invoice)

with the type of operation
Construction objects
and
Acceptance for accounting of fixed assets
with the type of operation
Construction objects
(type of operation
Equipment for land plots
is not suitable). This feature sometimes confused users.

Starting with version 3.0.65 of 1C:Accounting 8, changes have occurred in the accounting of land plots:

1. Third order subaccounts have been added to account 08.01:

• 08.01.1 “Purchase of land plots with additional expenses";
• 08.01.2 “Purchase of land plots without additional expenses."

2. In the Receipt document (act, invoice)

a new type of operation has appeared
: Acquisition of land plots
.

Subaccount 08.01.1 “Purchase of land plots with additional expenses" is intended to account for the costs of an organization’s acquisition of land plots, including taking into account possible additional expenses included in the initial cost of the objects. Analytical accounting is carried out for acquired plots (subcontract Construction projects

) and types of costs (subconto
Cost Items
).
Each acquired land plot is reflected in the directory Construction Projects
.

Postings using subaccount 08.01.1 are generated automatically when recording documents:

• Receipt (invoice)
  with the type of operation
  Construction objects
  ;
• Receipt of additional expenses
  ;
• Acceptance for accounting of fixed assets
  with the type of operation
  Construction objects
  .

Thus, subaccount 08.01.1 is the “successor” of account 08.01, used in previous versions of the program, and is used in “traditional” scenarios for working with land plots.

Subaccount 08.01.2 “Purchase of land plots without additional. expenses" is intended to account for the costs of an organization's acquisition of land plots that do not require the reflection of additional expenses for their acquisition. Analytical accounting of the account is carried out for land plots (sub-account Fixed assets

).
Each land plot is an element of the Fixed Assets
.
Postings using this subaccount are generated in the program automatically when recording the document Receipt (deed, invoice)
with a new type of operation
Acquisition of land
.

Quick access to this type of receipt document is provided from the OS and intangible assets section using the hyperlink Acquisition of land plots

.

Type of operation Acquisition of land plots

is intended to simultaneously reflect the receipt and acceptance for accounting of land plots, the initial cost of which is formed without additional costs for their acquisition (for example, without taking into account the state duty paid).

Document form Acquisition of land plots

simplified as much as possible, since for land plots it is not required to indicate the method of reflecting depreciation expenses, depreciation group, service life, VAT rate and invoice from the supplier. In the tabular part you only need to indicate the name of the purchased object and its cost (Fig. 1).

Rice. 1

To quickly enter a new object, simply enter the name of the land plot in the appropriate field and select the Create: command. At the same time, the directory Fixed assets

does not open, but the details are automatically filled in:

By default, in the Account field of the tabular part of the document, account 01.01 “Fixed assets in the organization” is indicated. If documents for registration of ownership rights have not yet been completed, then in the Accounting account field you should indicate account 01.08 “Real estate objects for which ownership rights have not been registered.”

After posting the document, accounting entries are generated:
Debit 08.01.2 Credit 60.01
and
Debit 01.08 Credit 08.01.2
- for the cost of acquired land plots.

For tax accounting purposes for income tax, the corresponding amounts are also recorded in the resources Amount NU Dt and Amount NU Kt.

If an organization applies the simplified taxation system (STS) with the object “income minus expenses”, then entries are entered into special registers for the purposes of the tax paid in connection with the application of the STS.

In addition to movements in accounting and tax accounting, the document also generates entries in the periodic information registers of the OS accounting subsystem, reflecting information about the land plot.

We remind you that for the purpose of calculating land tax, the information register Registration of Land Plots is intended to reflect information on the state registration of land plots and their deregistration. Access to the specified register is carried out both from the fixed asset card (hyperlink Register) and from the Main section (Taxes and reports - Land tax - Registration of land plots).

Calculation and accrual of land tax are automatically performed at the end of the reporting period by a routine operation with the type Calculation of land tax, which is included in the Month Closing processing.

In accounting, a land plot recorded on account 01.08, after receiving title documents, must be recorded on account 01.01.
To do this, use the Transaction document (section Transactions - Transactions entered manually) and enter the accounting entry: Debit 01.01 Credit 01.08
- for the initial cost of the object.

For tax accounting purposes for income tax, the corresponding amounts must be entered into the Amount NU Dt and Amount NU Kt resources.

Agreement on participation in shared construction

In the agreement for participation in shared construction, neither the price of the land plot nor its legal regime are specified in principle. The fact is that the site is part of the common property of the apartment building. The owner of premises in an apartment building receives the right of shared ownership of a land plot on the basis of law. The right to which the developer owned the site does not matter. The Plenum of the Supreme Arbitration Court of the Russian Federation in Resolution No. 73 of November 17, 2011 (clause 26) explains: from the moment of registration of the first person’s ownership of any of the premises in an apartment building, the corresponding land plot comes into the shared ownership of the owners of the premises in the apartment building, and the lease agreement of this section is terminated. The owner of the plot and the owners of the premises become and remain co-owners of the plot until all the premises in the apartment building are distributed. So don’t forget about the obligation to pay land tax (Article 392 of the Tax Code of the Russian Federation).

When transferring a plot of land for rent for the construction of an apartment building, the owner of the land is aware that in the future he will certainly lose his ownership rights. Based on this, he sets the amount of rent to the developer. And the latter is reimbursed by shareholders. Therefore, the cost of a share of a land plot is certainly taken into account in the price of the premises (especially since it is impossible to purchase such a share without connection with the purchase of the premises). Therefore, it is not forbidden to allocate the cost of land by calculation in order to reduce the property tax for the premises. The easiest way to do this is based on the cadastral valuation of the building and land (see above).

To dispel doubts about the legality of this approach, we will use the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 11, 2011 No. 54. It (clause 11) explains that the provisions of the Federal Law “On participation in shared construction of apartment buildings and other real estate ...” are special in relation to the provisions of the Civil Code on the purchase and sale of future property. This means that the rule on the unspecified price for land, established in paragraph 2 of Article 555 of the Civil Code, also applies to shared construction.

Elena Dirkova

, for the magazine “Moscow Accountant”

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