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Selling goods below cost: in what cases companies have to resort to it. Accounting and taxation. Sale of goods below the purchase price Costs of a loss-making transaction and VAT restoration

In some cases, the company conducts sales of goods at prices below cost.

In principle, selling goods at a loss is not prohibited.

But tax authorities can check prices for compliance with market prices and charge additional taxes.

Situations when a company sells goods at reduced prices

Situations when a company sells goods at reduced prices may be as follows:

Products are not in demand for a long time and become obsolete;

Goods (raw materials, supplies) are purchased for the needs of the enterprise, but there is no longer a need for them;

The shelf life of the product expires;

The customer refuses specific products produced according to his order. But they don’t find another buyer;

Inventory balances are sold due to reorganization, liquidation, change of location or due to a change in the direction of the company;

Seasonal demand decreases during periods of low consumer activity;

The company sells experimental models and samples in order to familiarize consumers with them.

Controlled transactions

In the next reporting period, at the time of sale of the goods for which the reserve was formed, the reserved amount is restored: an entry is made in the accounting Debit Credit, subaccount 91-1 “Other income”.

Example

The organization sells cabinets. Their lineup is regularly updated. The company sells unsold goods from the previous collection at a price below cost.

There are five cabinets left in the trading organization's warehouse.

The purchase price of each cabinet is 11,800 rubles. (including VAT - 1800 rubles).

A commission consisting of specialists from the sales department drew up a depreciation act for inventory items and set the possible price for their sale - 5,900 rubles. for 1 piece (including VAT - 900 rubles).

Five cabinets were sold for a total of RUB 29,500. (including VAT - 4500 rubles). The buyer is a Russian organization that is not interdependent in relation to the seller.

Since transactions between independent Russian companies are not controlled, the selling price of monitors is initially recognized as market price and is not subject to verification.

Since the cabinets were sold at a price below cost, the difference in price needs to be created.

On the date of drawing up the depreciation act, the following posting should be made:

25,000 rub. (((11,800 rub. - 1,800 rub.) - (5,900 rub. - 900 rub.)) x 5 pcs.) - a reserve has been accrued for reducing the value of material assets.

When calculating income tax, the expense in the form of the amount of the accrued reserve is not taken into account. A permanent difference arises against which a permanent tax liability must be calculated:

RUB 29,500 - revenue from the sale of cabinets is reflected;

50,000 rub. ((RUB 11,800 - RUB 1,800) x 5 pcs.) - the actual cost of the cabinets is written off;

25,000 rub. - the previously accrued reserve was restored.

The amount of the restored reserve is not recognized as income in tax accounting. Therefore, a permanent difference arises, with which a permanent tax asset is calculated:

5000 rub. (RUB 25,000 x 20%) - a permanent tax asset has been accrued.

Sale of goods at a loss to related parties

If the company sold the goods at a price below cost, for example, to its subsidiary.

In this case, the parties to the transaction are recognized as interdependent persons (clause 1, clause 2, article 105.1 of the Tax Code of the Russian Federation).

However, in order for tax authorities to check the prices used in a transaction for compliance with market prices, in addition to interdependence, it is necessary that the transactions are also recognized as controlled.

Transactions are considered controlled if the amount of annual income from transactions exceeds the uncontrollable threshold.

In 2015, it amounts to one billion rubles (clause 1, clause 2, article 105.14 of the Tax Code of the Russian Federation).

In this case, only taxable income (excluding VAT) for all transactions is taken into account without taking into account expenses (clause 9 of Article 105.14 of the Tax Code of the Russian Federation).

So, if a product was sold at a non-market price and such a transaction is controlled (the uncontrolled threshold is exceeded - 1 billion rubles), it is necessary:

(or) during the “price” audit, prove to the tax authorities that the transaction price is well within the range of prices at which such goods are sold by non-dependent persons (subclause 1, clause 1, clause 3, article 105.7, clauses 1, 7, article 105.9 of the Tax Code RF).

Let's consider the organization's actions in each of these options.

First option

The company voluntarily makes tax adjustments after the end of the calendar year, namely, it will charge income tax and VAT based on the market price (clause 6 of Article 105.3 of the Tax Code of the Russian Federation).

Example

The organization sold the technological equipment at a price below its cost to its subsidiary.

Proceeds from the sale amounted to RUB 2,360,000,000. (including VAT - RUB 360,000,000). The purchase price of the equipment was RUB 2,200,000,000.

The organization maintains tax accounting using the accrual method.

The market selling price of the goods is RUB 3,540,000,000. (including VAT - RUB 540,000,000).

To minimize tax risks, it was decided to charge income tax and VAT at market prices.

Then, for tax purposes, revenue should be reflected at the market price. And in accounting - based on actual sales prices.

This will lead to a permanent difference between accounting and tax accounting in the amount of 1,000,000,000 rubles. ((RUB 3,540,000,000 - RUB 540,000,000) - (RUB 2,360,000,000 - RUB 360,000,000)).

In accounting, a permanent difference will form a permanent tax liability in the amount of 200,000,000 rubles. (RUB 1,000,000,000 x 20%).

The following entries must be made in the organization's accounting:

RUB 2,360,000,000 - actual revenue from the sale of equipment is reflected;

RUB 2,200,000,000 - the cost of equipment is written off;

540,000,000 rub. - VAT is transferred to the budget, calculated based on the market price;

200,000,000 rub. - income tax accrued based on the market price is transferred to the budget.

Symmetrical adjustments

If the seller independently calculates and pays taxes at the market price on income from a controlled transaction, then the buyer will not be able to recalculate the tax base downwards.

After all, he will have such a right only if, after checking the prices and paying the arrears by the seller, the buyer receives from the tax authority a notification to make symmetrical adjustments (Clause 1 of Article 105.3, clauses 1, 2 of Article 105.18 of the Tax Code of the Russian Federation).

If the company voluntarily pays additional taxes to the budget, the Federal Tax Service will send a notification about the possibility of symmetrical adjustments to another participant in the controlled transaction within one month (clause 4 of Article 105.18 of the Tax Code of the Russian Federation).

Second option

In this case, the company will have to prove to the tax authorities during a “price” check that the product was not in demand and the price of such a transaction falls within the range of prices at which such goods are sold by non-dependent persons (clause 1, clause 1, clause 3, article 105.7, p. 7 Article 105.9 of the Tax Code of the Russian Federation).

If the tax authorities nevertheless consider that the prices were not comparable with market prices, then after a “price” check they will go to court in order to collect arrears and penalties for income tax and VAT (Clause 5 of Article 105.3, paragraph 4 of paragraph 2 of Art. 45 of the Tax Code of the Russian Federation).

If the income from the transaction relates to 2015, then the tax authorities may also impose a fine in the amount of 20% of the amount of unpaid taxes (Clause 1 of Article 129.3 of the Tax Code of the Russian Federation; paragraph 9 of Article 4 of the Law of July 18, 2011 N 227-FZ) .

Notice of controlled transactions

No later than May 20 of the next year, it is necessary to submit to the tax inspectorate a notice of controlled transactions completed by it during the past year (clause 2 of Article 105.16 of the Tax Code of the Russian Federation).

Costs of purchasing goods sold at a loss

Tax authorities may insist that the costs of purchasing goods sold at a loss are economically unjustified and therefore cannot be taken into account when calculating income tax.

To confirm the validity of your expenses, you can give the following arguments:

The costs of purchasing goods were economically justified, since the goods were purchased for sale at a profit.

But since circumstances have changed not for the better, it is more important to sell the goods at a loss to free up working capital, which allows you to avoid even greater losses from complete write-off of the goods.

Thus, expenses will be economically justified if they were aimed at making a profit. The end result is not decisive.

Input VAT on goods sold at a loss

Tax authorities may see an unjustified tax benefit in a loss-making transaction for the following reasons:

The absence of a reasonable economic goal for concluding a loss-making transaction is one of the signs of obtaining an unjustified tax benefit (Clause 1, 3, 9 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated October 12, 2006 N 53);

The deduction upon purchase was greater than the amount of tax accrued upon the sale of the goods.

Based on this, tax authorities may insist that if goods are sold at a loss, then the “input” VAT on them cannot be deducted.

However, the tax benefit in the form of VAT deduction when selling goods at a loss can be justified in court proceedings.

In legal disputes, the case is resolved in favor of the taxpayer if he provides the court with evidence of the existence of a reasonable economic goal that was pursued when concluding a loss-making transaction (see, for example, Resolution of the Federal Antimonopoly Service of the Moscow Region dated May 30, 2013 N A40-40420/12-91-224, dated 05.05.2012 N A40-43413/11-90-184).

But if there was no such goal, and by all indications the organization is a participant in the tax scheme, then tax deductions will be withdrawn due to the lack of an economic goal.

In addition to the lack of an economic purpose, controllers may identify other signs of obtaining an unjustified tax benefit.

For example, an organization purchased a consignment of goods, but where it was stored for a whole month is unclear, since the organization neither owns nor leases warehouse premises, and although a custody agreement was concluded, it was not executed (see Resolution of the Federal Antimonopoly Service of the North Kazakhstan region dated 01/24/2013 N A32-3122/2012).

Thus, the tax benefit in the form of VAT deduction on goods sold at a loss can be justified if the organization proves that when concluding a loss-making transaction it pursued a reasonable economic goal, for example, to avoid even greater losses from complete write-off of the goods.

But if the goods were sold only on paper and there were no real transactions, then the tax authorities will remove such deductions.

Cost justification

To confirm the validity of expenses and strengthen your position in the event of a dispute with the tax authorities, you can do the following.

First, the manager must issue an order to reduce prices (mark down goods).

Secondly, the markdown must be justified. For this purpose, a commission is created, which includes quality experts, sales department specialists and other employees who can professionally assess the actual condition of the product and set the possible selling price.

The results of the commission’s work can be formalized in an act of depreciation of inventory items (form N MX-15 or in any form) and attached to the order.

The act must indicate:

Characteristics, properties and quality of the product;

For what reasons is it impossible to sell it at a profit;

The commission's conclusions about reducing the price of the product.

Thus, the expenses will be economically justified, since they are aimed at making a profit.

In this case, the final result is not decisive.

Sale of goods at a loss by organizations under a special regime

Let us note that “simplifiers” and “presumers” should not worry about price control.

Thus, if a company sells goods using the simplified tax system at a reduced cost to an interdependent person, it will not face additional charges of “simplified” tax on controlled transactions. And even if it sells at a price below cost.

Income tax;

Personal income tax on entrepreneur’s income;

VAT (if one of the parties to the transaction is an organization (entrepreneur) that does not pay VAT or is exempt from fulfilling the duties of a taxpayer).

A similar situation arises if the UTII payer sells goods at a loss. First of all, because additional assessments for controlled transactions are possible only in relation to the four aforementioned taxes. In addition, UTII is paid based not on real, but on imputed income.

Therefore, payers of the “simplified” tax and UTII are not subject to the price control of the Federal Tax Service and do not have to submit notifications about controlled transactions.

The taxpayer requests clarification of the following situation. In November 2013, the organization purchased goods for resale. “Input” VAT on this operation was accepted for deduction in the fourth quarter of the same year. As of December 31, 2015, these goods were not sold. Due to a decrease in their market value as of the specified date, a reserve was accrued in accounting for a decrease in the value of material assets. In August 2016, the goods were sold at a price lower than the purchase price, that is, at a loss. Does the organization have an obligation to adjust (restore) the “input” VAT accepted for deduction in 2013 in the prescribed manner?

From the indicated situation it follows that when goods were accepted for accounting in 2013, “input” VAT was legally included by the organization as part of tax deductions.

Subsequently, the taxpayer had questions about whether it was necessary to restore the tax previously accepted for deduction due to:

With a decrease in the market value of goods;

With the accrual of a reserve in accounting for a decrease in the value of material assets;

Selling goods at a loss.

Let's analyze whether it is required based on the norms of Chapter. 21 of the Tax Code of the Russian Federation (in conjunction with the provisions of accounting legislation) to adjust the “input” VAT.

Accounting

Goods are part of inventories (MPI), are accounted for in account 41 “Goods” and are accepted for accounting at actual cost, corresponding, as a rule, to the amount of costs for their acquisition excluding VAT and other non-refundable taxes (clause 2 , 5, 6 PBU 5/01 "Accounting for inventories"<1>, Instructions for using the Chart of Accounts<2>).

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<1>Approved by Order of the Ministry of Finance of Russia dated 06/09/2001 N 44n.
<2>Approved by Order of the Ministry of Finance of Russia dated October 31, 2000 N 94n.

In order to ensure the reliability of financial statements, goods whose market (sales) value has changed downward are subject to reflection in the balance sheet at the current market value, taking into account their physical condition. In relation to such goods, a reserve is accrued in accounting for a decrease in the value of material assets.

According to clause 25 of PBU 5/01 and clause 20 of the Guidelines for accounting of inventories<3>inventories that are obsolete, have completely or partially lost their original quality or current market value, the selling price of which has decreased, are reflected in the balance sheet at the end of the reporting year minus a reserve for a decrease in the value of material assets. This reserve is formed at the expense of the organization’s financial results by the amount of the difference between the current market value and the actual cost of inventories, if the latter is higher.

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<3>Approved by Order of the Ministry of Finance of Russia dated December 28, 2001 N 119n.

For your information. Until recently, the designated reserve (in appropriate cases) had to be accrued by all organizations without exception. From June 20, 2016, organizations that have the right to conduct accounting in a simplified way have been exempted from this obligation (changes to clause 25 of PBU 5/01 were made by Order of the Ministry of Finance of Russia dated May 16, 2016 N 64n).

The list of such organizations is given in paragraph 4 of Art. 6 of the Federal Law of December 6, 2011 N 402-FZ “On Accounting” (based on the restrictions specified in paragraph 5 of this article). When applying a simplified method of accounting, balances of raw materials, materials, fuel, work in progress, finished products, goods, etc. values of the organization's data are reflected in the financial statements at the cost determined in the accounting accounts, regardless of their obsolescence, loss of their original quality, changes in the current market value, sale price (Information message of the Ministry of Finance of Russia dated June 24, 2016 N IS-accounting-3) .

An adjustment to the value of inventories due to a decrease in their market value is recognized as a change in the estimated value. The amounts of the reserve for a decrease in the value of material assets are estimated values, changes in which are reflected in accounting by inclusion in the income or expenses of the organization (clauses 2 - 4 of PBU 21/2008 “Changes in estimated values”<4>).

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<4>Approved by Order of the Ministry of Finance of Russia dated October 6, 2008 N 106n.

The accrual of the reserve for the reduction in the value of material assets is made by debiting account 91 “Other income and expenses”. The reserve amounts are recognized as other expenses.

Subsequently, the amount of the reserve may change if, during the next assessment of inventories, it is determined that their real value has decreased even more or, conversely, increased. Identified differences are included in other expenses or income.

An assessment of material assets must be carried out at least once a year - before preparing annual reports. If you wish, you can revise the amount of estimated reserves more often (the corresponding frequency is fixed in the accounting policy).

As the depreciated goods are sold, the previously accrued reserve is subject to restoration. The amount of the reserve that relates to such goods is recognized as other income.
We will show how transactions for the sale of goods in respect of which a reserve has been accrued for a decrease in the value of inventories are reflected in accounting.

Example. In November 2013, the organization purchased a batch of chairs worth RUB 354,000 for resale. (including VAT - 54,000 rubles). In the same month, “input” VAT was accepted for deduction. During 2013 - 2015 This product was not sold.

Before drawing up the annual reports for 2015, an assessment was made of the possible selling price of the goods in the warehouse (including the indicated chairs). The expert commission found that the current market value of a batch of chairs is 200,000 rubles. (without VAT).

In August 2016, the chairs were sold for RUB 259,600. (including VAT - 39,600 rubles).

The organization's accounting policy establishes that the amounts of estimated reserves are reviewed once a year (as of December 31 of the reporting year).

The accrual of the reserve for the reduction in the value of inventories is made by the debit of account 91 (subaccount 91-2 "Other expenses") and the credit of account 14 "Reserves for the reduction of the value of material assets" (section VIII of the Instructions for using the Chart of Accounts, clause 20 of the Guidelines for accounting accounting for inventories, clause 11 of PBU 10/99 "Expenses of the organization"<5>).

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<5>Approved by Order of the Ministry of Finance of Russia dated May 6, 1999 N 33n.

The amount of the reserve corresponds to the positive difference between the actual cost of the product (excluding VAT) and its current market value. The amount of the reserve will be 100,000 rubles. (354,000 - 54,000 - 200,000).

On the date of sale of goods, income from ordinary activities is recognized, which is reflected in the debit of account 62 “Settlements with buyers and customers” and the credit of account 90 “Sales” (subaccount 90-1 “Revenue”) (clauses 5, 12 of PBU 9 /99 "Income of the organization"<6>). At the same time, the actual cost of goods sold is written off from account 41 to the debit of account 90 (sub-account 90-2 “Cost of sales”) (section VIII of the Instructions for using the Chart of Accounts). In this case, the amount of the reserve for a decrease in the value of inventories is recognized as other income, the amount of which is reflected in the debit of account 14 and the credit of account 91 (subaccount 91-1 “Other income”) (clauses 7, 16 of PBU 9/99).

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<6>Approved by Order of the Ministry of Finance of Russia dated May 6, 1999 N 32n.

The following entries will be made in the organization's accounting records:

Contents of operation	Debit	Credit	Amount, rub.
On the date of acceptance of the goods for accounting
Goods accepted for accounting ((354,000 - 54,000) rub.)	41	60	300 000
The amount of VAT presented by the supplier is reflected	19	60	54 000
The amount of VAT presented by the supplier has been accepted for deduction	68-VAT	19	54 000
As of 12/31/2015
A reserve has been accrued for reducing the cost of inventories	91-2	14	100 000
On the date of sale of the goods
Revenue received from the sale of goods is recognized	62	90-1	259 600
VAT is charged on the cost of goods sold	90-3	68-VAT	39 600
Cost of goods sold written off	90-2	41	300 000
The previously accrued reserve for reducing the cost of inventories was restored	14	91-1	100 000
Reflects the loss incurred from the sale of goods ((300,000 - (259,600 - 39,600)) rub.)	99	90-9	80 000

As we can see, accounting regulations do not provide for changes in the actual cost of inventories, as well as adjustments to the deductible “input” VAT due to the depreciation of goods, the creation of a reserve for a decrease in their value and subsequent sale at a loss. In such a situation, the amount of VAT presented by the supplier of goods exceeds the tax calculated by the organization upon their sale. In our example, this excess amounted to 14,400 rubles. (54,000 - 39,600).

Application of the provisions of Chapter 21 of the Tax Code of the Russian Federation

Since initially the “input” VAT on purchased goods was included in tax deductions legally, then when the same goods are sold at a loss, we can talk about tax restoration only on the basis of clause 3 of Art. 170 Tax Code of the Russian Federation.

This provision provides for five cases in which amounts of VAT previously accepted for deduction in the manner prescribed by Chapter. 21 of the Tax Code of the Russian Federation are subject to restoration.

We believe that we may be interested in the cases specified in paragraphs. 2 and 4 paragraphs 3 art. 170 Tax Code of the Russian Federation:

Further use of goods for carrying out operations specified in clause 2 of Art. 170 Tax Code of the Russian Federation;

Change in the cost of shipped goods downward.

In the situation under consideration, goods are sold within the framework of activities subject to VAT, and are not used for operations specified in clause 2 of Art. 170 Tax Code of the Russian Federation. As for the cost of goods shipped to the buyer, it did not change. The decrease in the actual market price of the goods occurred even before the conclusion of the supply agreement.

Thus, in the indicated case, the provisions of paragraph 3 of Art. 170 of the Tax Code of the Russian Federation are not applicable, and Ch. 21 does not contain other rules providing for adjustment (restoration) of the “input” tax on purchased goods in the event of their further use in transactions subject to VAT.

This conclusion corresponds to the position of the Ministry of Finance of Russia, expressed in Letter dated November 9, 2015 N 03-07-11/64260.

Let us note that the department also spoke out on the issue of determining the taxable base for VAT when selling goods at a price below the purchase price.

Officials recalled that, by virtue of paragraph 1 of Art. 154 of the Tax Code of the Russian Federation, the tax base for the sale of goods (work, services) is established as the cost of these goods (work, services), calculated on the basis of prices determined in accordance with Art. 105.3 of the Tax Code of the Russian Federation without including VAT.

According to para. 3 clause 1 of the last of these norms, prices applied in transactions whose parties are persons who are not recognized as interdependent, as well as income (profit, revenue) received by persons who are parties to these transactions are recognized as market prices.

In other words, the transaction price fixed in the contract by its parties is, as a general rule, considered market price. It is on the basis of this price that the taxable base for VAT is determined. Moreover, the fact that the goods were sold at a loss does not matter.

But there is an exception to this rule. It does not apply to controlled transactions, in respect of which tax authorities have the right to check prices for compliance with market levels.

The list of controlled transactions is given in Art. 105.14 Tax Code of the Russian Federation. These include, in particular:

Transactions concluded between related parties;

Transactions in the field of foreign trade in goods of global exchange trade;

Transactions in which one of the parties is a person registered offshore.

Thus, when selling goods at a loss within the framework of a transaction not specified in Art. 105.14 of the Tax Code of the Russian Federation, the tax base for VAT is determined based on the value established in the agreement by the parties to this transaction.

As for the deduction of “input” tax, the Ministry of Finance indicated: when carrying out a transaction subject to VAT on the sale of goods at a price lower than the purchase price, the amount of tax previously accepted for deduction by the taxpayer in compliance with the procedure provided for in Chapter. 21 of the Tax Code of the Russian Federation should not be restored.

Expenses for a loss-making transaction and VAT recovery

Considering the relationship between VAT and income tax, we believe it is necessary to analyze two points:

1. Are expenses for the purchase of goods that are subsequently sold at a loss taken into account in full for tax purposes?

2. If the purchase price of goods is not fully recognized as expenses, does the taxpayer have the right to deduct VAT in full?

In paragraphs 3 p. 1 art. 268 of the Tax Code of the Russian Federation establishes that when selling purchased goods, the taxpayer has the right to reduce the income received from such transactions by the cost of purchasing these goods. Moreover, paragraph 2 of the same article states: if the purchase price of goods, taking into account the costs associated with their sale, exceeds the proceeds received from their sale, then the difference between these values is recognized as a loss taken into account when calculating income tax.

From these norms, as well as other provisions of Chapter. 25 of the Tax Code of the Russian Federation it follows that a decrease in the market value of goods, as well as their sale at a price lower than the purchase price, does not affect the possibility of recognizing in tax accounting expenses for the purchase of goods in full. Accordingly, the question of adjusting the “input” VAT accepted for deduction on such goods disappears.

Conclusion. The norms of the Tax Code of the Russian Federation do not provide for the adjustment (restoration) of “input” VAT, previously accepted for deduction in the manner prescribed by law, in cases where goods depreciate, a reserve is created in accounting for a decrease in their value, and the goods themselves are subsequently sold at a loss.

This error occurs when posting a document if the warehouse does not have the required quantity of goods. Very often, a situation arises in which you need to sell a product that is not in stock, but the program does not allow you to do this. How can I disable this?

Why is the free balance in the warehouse exceeded?

Very often, a situation arises in which you need to sell a product that is not in stock, but the program does not allow you to do this. When changing the status of an order to the buyer “for shipment”, the error “Free balance in warehouse has been exceeded” appears or when posting the document “Sales of goods and services”. This error occurs if the warehouse does not have the required quantity of goods or the quantity that is available is already reserved. I want to tell you how to analyze this using the standard tools of the Trade Management 11.0 program.

In UT 10.3 we disabled balance control for the entire configuration as a whole; in UT 11 version this can be done for each individual warehouse (warehouse area). In addition, in version 11 it is possible to enable or disable balance control for an organization. We do not recommend unchecking this checkbox, because if the organization has negative balances, the cost calculation will not be performed correctly. In older releases, this setting was located in the Accounting Parameters Settings. Now it is located on the Administration tab, Finance section.

Open the “Inventory Management” processing. If you are not yet familiar with it, be sure to read the help on it. Help on a document is called up by clicking on the orange circle with a question mark, located on the right, at the top. So, look at the “Inventory Management” processing on the “Inventory and Purchases” tab, set the desired warehouse in the settings, and click the “Update” button. This processing shows which goods are missing from the warehouse, and orders for suppliers can be automatically generated directly from it. By clicking on the cell with the image of a magnifying glass, you can open documents in which there was an overrun.

Another useful report is called “Product Availability Analysis”. You will find it by clicking on the left, at the top, on the inscription “Reports on inventories and purchases”. You can also find many more useful things there.

Next, look at the settings of the warehouse from which we sell the goods. Pay attention to the highlighted areas. We strongly recommend that you read the help before starting to make settings. You can choose the option for controlling residues that you need. If you do not need control, select “Do not control”.

The topic of stock reserves and control of balances is much broader and it is simply not possible to fit everything into one article. We hope that this material was useful for studying the program. And don’t forget that there are specialists who are always ready to help you with this!

The reasons when a company sells products at reduced prices can be different: the product has not been in demand for a long time; products are purchased for the needs of the enterprise, but the need for them disappears; the customer refuses the specific products produced according to his order, and the sellers cannot find another buyer; inventory balances are sold due to reorganization, liquidation, change of location or due to a change in the direction of the enterprise; seasonal demand falls, and so on.

Now let’s remember the definition of “controlled transactions”. It was introduced into the Tax Code on January 1, 2012. The Federal Tax Service has the right to check for compliance with market () prices for such transactions. In this case, auditors can only examine transactions: between related parties; foreign economic transactions on goods of world exchange trade; transactions in which one of the parties is a person registered in offshore companies.

If sales transactions do not belong to any of these three categories, then they are not controlled. Therefore, prices used in other transactions, as well as income (profit, revenue) received from these sales, are recognized as market prices by default (Clause 1, Article 105.3 of the Tax Code of the Russian Federation).

Independent sales

"Price" check

In the second option, the company will have to prove to auditors during a “price” check that the product was not in demand and the cost of such an operation falls within the range of prices at which the product is sold by non-dependent persons (clause 1, clause 1, clause 3, article 105.7, clause 7 Article 105.9 of the Tax Code of the Russian Federation). If the fiscal authorities nevertheless consider that the prices were not comparable with market prices, then after the control event they will go to court to collect arrears and penalties for income tax and VAT (Clause 5 of Article 105.3, paragraph 4 of paragraph 2 of Art. 45 of the Tax Code of the Russian Federation). If the income from the transaction relates to 2015, then the fiscal authorities can also impose a fine on the company in the amount of 20 percent of the amount of unpaid taxes (clause 1 of article 129.3 of the Tax Code of the Russian Federation; clause 9 of article 4 of the Law of July 18, 2011 No. 227 -FZ).

Do not forget that no later than May 20 of the next year it is necessary to submit to the inspectorate a notification about controlled transactions completed by it during the past year (clause 2 of Article 105.16 of the Tax Code of the Russian Federation).

Also, controllers may insist that the costs of purchasing goods sold at a loss are not economically justified, and therefore cannot be taken into account when calculating income tax. To confirm the validity of your expenses, you can give the following arguments: the costs of purchasing goods were economically justified, since the products were purchased for sale in order to make a profit, but since circumstances have changed not for the better, it is more important to sell the goods at a loss to free up working capital funds, which allows you to avoid even greater losses from complete write-off of the goods.

Thus, expenses will be economically justified if they were aimed at generating income. The final result is not decisive.

Input VAT

But that is not all. Officials may see an unjustified benefit in a loss-making transaction for the following reasons: the absence of a reasonable economic purpose for concluding a loss-making transaction (clauses 1, 3, 9 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated October 12, 2006 No. 53); the deduction upon purchase was greater than the amount of tax accrued upon the sale of the goods. Based on this, the fiscal authorities will insist that if goods are sold at a loss, then the “input” VAT on them cannot be deducted.

However, the tax benefit of a deduction when selling goods at a loss can be argued in court proceedings. In arbitration disputes, the case is resolved in favor of the taxpayer if he provides the court with evidence of the existence of a reasonable economic goal that was pursued when concluding a loss-making transaction (see, for example, resolutions of the Federal Antimonopoly Service of the Moscow District dated May 30, 2013 No. A40-40420/12-91- 224, dated May 5, 2012 No. A40-43413/11-90-184). But if there was no such goal, and by all indications the organization is a participant in the tax scheme, then the deductions will be withdrawn due to the lack of an economic goal.

In addition to the lack of an economic purpose, controllers may identify other signs of obtaining unjustified fiscal benefits. Here is an example from practice: an organization purchased a consignment of goods, but where it was stored for a whole month is unclear, since the company neither owns nor leases warehouse premises, and although a custody agreement was concluded, it was not fulfilled (see. Resolution of the Federal Antimonopoly Service of the North Caucasus District dated January 24, 2013 No. A32-3122/2012).

Thus, the tax benefit in the form of VAT deduction on goods sold at a loss can be justified if the organization proves that when concluding the transaction it pursued a reasonable economic goal, for example, to avoid even greater expenses from complete write-off of the goods. But if the products were sold only on paper and there were no real transactions, then the auditors will still remove the deductions.

Cost justification

To confirm the validity of expenses and strengthen your position in the event of a dispute with officials, you can do the following. Firstly, the head of the company must issue an order to reduce prices (discount goods). Secondly, the markdown must be justified. For this purpose, a commission is created, which includes quality experts, sales department specialists and other employees who can professionally assess the actual condition of the product and set the possible selling price. The results of the commission’s work must be documented in an act of depreciation of inventory items. To do this, you can use form No. MX-15 or draw up a document in any form. The act must be attached to the order.

The document must indicate: characteristics, properties and quality of the product; reasons why it cannot be sold at a profit; conclusions of the commission on reducing the price of products. In such a situation, expenses will be economically justified, since they are aimed at making a profit.

"Simplified" control

“Simplers” and “imputers” should not worry about price control. If a company sells goods using the simplified tax system at a reduced cost to an interdependent person, it will not face additional tax charges on controlled transactions. Even if it sells at a price below cost.

The fact is that the Federal Tax Service does not have the right to additionally charge a single tax under the simplified tax system. Since, according to the law, it can do this only in relation to four taxes (clause 4 of Article 105.3 of the Tax Code of the Russian Federation): income tax; Personal income tax on entrepreneur’s income; MET; VAT (if one of the parties to the transaction is an organization (entrepreneur) that does not pay VAT or is exempt from fulfilling the duties of a taxpayer).

A similar situation arises if the UTII payer sells goods at a loss. First of all, because additional assessments for controlled transactions are possible only in relation to the four aforementioned taxes. In addition, “imputation” is paid based not on real, but on imputed income.

Therefore, payers of “simplified” tax and UTII are not subject to the price control of the Federal Tax Service and they do not have to submit notifications about controlled transactions.

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