The land plot can be sold both separately and with a real estate object built on it.
If the land is sold with a real estate object standing on it, then the new owner (buyer) of the real estate as a result of such a transaction acquires the rights to the land plot located under the building (structure, structure). At the same time, he acquires the same rights to the land as the previous owner, that is, the right of ownership or the right to use.
In the case when there are several owners, they acquire the rights to a part (share) of such a land plot, taking into account the size of the share of each in the common ownership of the property.
This procedure is established by Article 35 of the Land Code of the Russian Federation and Article 552 of the Civil Code of the Russian Federation.
As a general rule, the value of the property being sold includes the value of the land transferred with the property (land rights). This rule is established by paragraph 2 of Article 555 of the Civil Code of the Russian Federation. However, the parties may indicate in the contract the price of the land separately. To do this, it is necessary to write in the terms of the contract that the value of the transferred property does not include the price of the land plot transferred simultaneously with it, on which it is located. In this case, the contract must specify the cost of the land transferred together with the building.
The transfer of ownership of real estate to the buyer under a contract for the sale of real estate, including land plots, is subject to mandatory state registration (Articles 131 and 551 of the Civil Code of the Russian Federation).
Include the proceeds from the sale of a land plot (an object of fixed assets) in other income of the organization at the time of:
This conclusion follows from paragraph 31 of PBU 6/01, paragraphs 12 and 16 of PBU 9/99, paragraph 16 of PBU 10/99.
As a general rule, a retired item of fixed assets is written off from accounting at residual value. Since land plots are not subject to depreciation (paragraph 5, paragraph 17, PBU 6/01), their residual value at the time of sale is equal to the original one. In this regard, there is no need to open a separate sub-account “Disposal of fixed assets” to account 01 when a land plot is retired.
Record the sale of the land plot in the accounting postings:
Debit 91-2 Credit 01
Debit 62 Credit 91-1
- reflected in the composition of other income is the proceeds from the sale of a land plot.
Documentation and reflection in the accounting of the sale of land plots shall be carried out in the general manner. See more on this. .
As a rule, during the construction of a real estate object at the expense of the attracted investor, the cost of the land plot is fully or partially reimbursed to the developer by the investor. In this case, the developer reflects the cost of the land plot on account 08 and, after the completion of construction, transfers the land plot (part of it) to the investor. In accounting, reflect this operation by posting:
Debit 76 subaccount "Settlements with the investor" Credit 08
- the land plot was transferred to the investor in connection with the completion of the construction of the property.
The conditions and procedure for the withdrawal of land plots for state (municipal) needs are regulated by Chapter VII.1 of the Land Code of the Russian Federation, as well as articles 279-281 of the Civil Code of the Russian Federation.
Land plots are withdrawn in exceptional cases, listed in Article 49 of the Land Code of the Russian Federation. State (local) authorities are obliged to notify the owner of the land plot.
For land plots that are withdrawn for state needs, compensation is due. It can be obtained not only by the owner, but also by the copyright holder (user).
The amount of compensation, the timing of the transfer of the land plot and other conditions for the withdrawal are negotiated in an agreement with the owner of the land. The amount of compensation includes:
This procedure is established by articles 279 and 281 of the Civil Code of the Russian Federation, 56.8 and 56.9 of the Land Code of the Russian Federation.
Write off the land plot from the register on the date of termination of ownership of it. The balance sheet value of the land plot when it is written off, reflect as part of other expenses, and the compensation received for it - as part of other income.
This conclusion follows from paragraph 12 of PBU 9/99, paragraph 16 of PBU 10/99, paragraph 31 of PBU 6/01.
As a general rule, a retired item of fixed assets is written off from accounting at residual value. Since land plots are not subject to depreciation (paragraph 5, paragraph 17, PBU 6/01), their residual value at the time of withdrawal is equal to the original one. In this regard, there is no need to open a separate sub-account “Disposal of fixed assets” to account 01 when a land plot is retired.
Operations related to the disposal of a land plot as a result of withdrawal, reflect the following entries:
Debit 91-2 Credit 01
- reflects the disposal of the land;
Debit 76 Credit 91-1
- reflected in the composition of other income is the amount of compensation (repurchase price) for withdrawal.
If the land plot is deregistered before the registration of the transfer of ownership of it (that is, before the recognition of compensation in income), then use account 45 of the sub-account "Transferred real estate" to reflect the disposal of land:
- reflects the disposal of the land prior to the transfer of ownership.
Documentation of the disposal of withdrawn land plots shall be carried out in the same manner as during the sale. See more on this.How to reflect the sale of fixed assets in accounting .
The calculation of taxes upon disposal of land depends on the grounds for which the land is disposed of:
The reflection of the sale of a land plot when calculating income tax depends on whose property and in what period it was acquired:
If a land plot is sold that was acquired under an agreement concluded between January 1, 2007 and December 31, 2011, from state (municipal) property, then profit (loss) is determined according to the rules of paragraph 5 of Article 264.1 of the Tax Code of the Russian Federation. To do this, use the formula:
Take into account the costs of acquiring a land plot in the residual amount (i.e., unfinished in tax accounting), which is calculated using the formula:
An example of reflection in accounting and taxation of the sale of a land plot that was previously acquired from municipal property (as a result of the sale, a profit was received). The land was acquired between January 1, 2007 and December 31, 2011
Alpha LLC acquired in 2011 a municipal land plot worth 1,200,000 rubles. The ownership of the land was registered in February 2011, the amount of the state duty amounted to 7,500 rubles. In 2014, the organization sold the land plot at a price of 1,600,000 rubles. The actual transfer of the land plot and registration of the buyer's ownership took place in June 2014.
The accounting policy for taxation purposes establishes the write-off of expenses for the acquisition of rights to land evenly over five years.
For the period from February 2011 to June 2014 (28 months), expenses for the acquisition of a land plot in the amount of 560,000 rubles were written off in tax accounting. (1,200,000 rubles: 5 years: 12 months × 28 months). The balance of unwritten expenses amounted to 640,000 rubles. (1,200,000 rubles - 560,000 rubles).
On the date of transfer of ownership of the land to the buyer, the accountant made the following entries:
Debit 62 Credit 91-1
- 1,600,000 rubles. - reflected the proceeds from the sale of land;
Debit 91-2 Credit 01
- 1,207,500 rubles - the sold land plot is written off from the register.
Since permanent tax assets were previously formed in accounting, at the time of writing off the value of the land plot, a permanent difference and a corresponding permanent tax liability are also formed.
In tax accounting, the taxable profit from the sale of the land plot amounted to 960,000 rubles. (1,600,000 rubles - 640,000 rubles). The accountant included this amount in the income tax return for the first half of 2014.
If a loss is determined as a result of the sale, then recognize it in tax accounting in the following order.
For organizations that have established in the accounting policy a period for writing off expenses for the acquisition of rights to land plots, the loss is recognized in equal installments over the established period.
If the organization has chosen the second method (based on the profit of the previous year), without setting a settlement period, the loss is recognized in equal shares during the period of actual ownership of the land.
This conclusion follows from subparagraph 3 of paragraph 5 of article 264.1 of the Tax Code of the Russian Federation and is confirmed by the letter of the Ministry of Finance of Russia dated May 8, 2007 No. 03-03-05 / 111.
In other cases, the profit (loss) from the sale of land plots is determined in the following order.
The income received from the sale, reduce:
If the organization uses the cash method, the costs will reduce the proceeds from the sale, provided they are paid (clause 3, article 273 of the Tax Code of the Russian Federation). Reflect the income from the sale at the time of receipt of payment, regardless of the transfer of ownership (clause 2, article 273 of the Tax Code of the Russian Federation).
Situation: can the developer reduce the income from the sale of apartments in an apartment building by the cost of the land purchased for the construction of the house? The land was purchased from a private owner. The house was built at the expense of the organization's own funds.
Yes, it can, but under certain conditions.
The housing legislation provides that the owners of premises in an apartment building have the right to the common property of the house (including the land plot on which this house is located) on the basis of common shared ownership (clause 1, article 36 of the Housing Code of the Russian Federation). The share of the owner of an apartment on a land plot is determined in proportion to the size of the total area of the apartment (clause 1, article 37 of the Housing Code of the Russian Federation).
For the purposes of tax accounting, the transfer of ownership of goods (results of work performed) on a reimbursable basis is recognized as a sale (clause 1, article 39 of the Tax Code of the Russian Federation). The organization has the right to reduce income from the sale of apartments by the cost of the land plot on the basis of subparagraph 2 of paragraph 1 of Article 268 of the Tax Code of the Russian Federation.
The transfer of ownership of real estate is subject to mandatory state registration. And the registration of the transfer of ownership of a dwelling in an apartment building is simultaneously considered the registration of the right to a share of a land plot (clause 2, article 23 of the Law of July 21, 1997 No. 122-FZ).
Therefore, the developer has the right to reduce income from the sale of apartments in a residential building by expenses in the form of the cost of the land plot (part of it) on which the residential building is located, simultaneously with the transfer of apartments to the owners (subclause 2, clause 1, article 268 of the Tax Code of the Russian Federation). However, the financial department believes that for this, in addition to registering the rights of buyers to apartments, it is necessary to make an appropriate entry in the Unified State Register of Rights that the developer does not have the right to this land plot or to part of it (letter of the Ministry of Finance of Russia dated June 3, 2010 No. 03 -03-06/1/375).
Thus, the developer has the right to reduce the income from the sale of the apartment by the value of the share of the land plot transferred to the buyer together with the apartment, while the following conditions are met:
And this is how you can do it. When selling an apartment, accept as expenses that part of the cost of the land that is proportional to the total area of \u200b\u200bthe apartment (letter of the Ministry of Finance of Russia dated August 9, 2013 No. 03-03-06 / 1/32297).
Operations for the sale of land plots are not recognized as an object of VAT (subclause 6, clause 2, article 146 of the Tax Code of the Russian Federation). Consequently, the seller does not have the obligation to pay VAT and issue an invoice to the buyer (subclause 1, clause 3, article 169 of the Tax Code of the Russian Federation).
When calculating income tax, do not take into account the amount of compensation for the cost of the land plot by the investor, since it is a means of targeted financing. In this case, the developer must keep separate records of income and expenses. This is stated in subparagraph 14 of paragraph 1 of Article 251 of the Tax Code of the Russian Federation.
The issue of whether the amount of compensation (repurchase price) paid for the withdrawal of land plots should be subject to income tax is not directly regulated by the legislation.
Situation: whether it is necessary to include in the composition of income for the purposes of income tax the amount of compensation received from the withdrawal of a land plot for state (municipal) needs
There is no need.
There are no grounds for taxing such income with income tax in the legislation. The provisions of paragraph 3 of Article 250 of the Tax Code of the Russian Federation apply only to compensation for losses and damages associated with a breach of contractual obligations. Moreover, if the contractual relationship or a court decision does not establish an obligation to compensate for losses and damage, non-operating income from the organization - the recipient of compensation does not arise. This is stated in Article 317 of the Tax Code of the Russian Federation. Thus, it is impossible to include compensation for losses for the withdrawal of a land plot in income on the basis of this norm.
It is also impossible to take into account compensation for losses for the withdrawal of a land plot on the basis of other provisions of Chapter 25 of the Tax Code of the Russian Federation. This is due to the fact that upon receipt of it, the organization has no economic benefit, and therefore no income (Article 41 of the Tax Code of the Russian Federation).
In addition, the expropriation of property for state needs is possible only on the condition of prior and equivalent compensation (Article 35 of the Constitution of the Russian Federation). In particular, losses, including lost profits, caused by the seizure of land plots for state or municipal needs, are subject to compensation in full (clause 2, article 56.8 of the Land Code of the Russian Federation, article 281 of the Civil Code of the Russian Federation).
The procedure for compensating owners for losses caused by seizure is established by the Rules approved by Decree of the Government of the Russian Federation of May 7, 2003 No. 262 (clause 5, article 57 of the Land Code of the Russian Federation). This procedure does not provide for reimbursement to the organization-landowner of the amount of income tax payable upon receipt of compensation for the withdrawal of a land plot for state (municipal) needs. Consequently, levying income tax on the amount of compensation paid to the owner of seized property violates the principle of full compensation for losses and damages, determined by the legislator for such cases.
Similar conclusions are contained in the resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of June 23, 2009 No. 2019/09, the rulings of the Supreme Arbitration Court of the Russian Federation of September 23, 2009 No. VAS-12144/09, of July 4, 2007 No. 5047/07, the resolutions of the FAS of the Moscow District dated May 26, 2009 No. КА-А40/4352-09-P, dated July 9, 2008 No. КА-А41/5975-08, Northwestern District dated January 15, 2007 No. А56-11621/2006, Zapadno - Siberian District dated March 1, 2011 No. A81-1212 / 2009, dated April 15, 2009 No. F04-2207 / 2009 (4504-A70-49).
Taking into account the established arbitration practice and on the basis of the letter of the Ministry of Finance of Russia dated November 7, 2013 No. 03-01-13 / 01/47571, the tax department recognized the requirements for the inclusion of compensation in taxable income as unpromising (letter of the Federal Tax Service of Russia dated July 16, 2015 No. ED-4-3/12506). Therefore, the claims of inspectors in such situations are practically excluded.
It should be noted that earlier the position of the controlling departments was different. They pointed out that the losses caused by the seizure of land plots, including lost profits, are included in the amount of compensation due to landowners (Article 56.8 of the RF LC). Therefore, compensation for the withdrawal of a land plot for state (municipal) needs when calculating income tax should be taken into account as income (letters of the Ministry of Finance of Russia dated July 11, 2012 No. 03-03-06 / 1/334 and the Federal Tax Service of Russia dated March 19, 2010 No. 3-1-11/192).
In connection with the release of later clarifications, this position has lost its relevance.
Situation: Is it possible to take into account the costs of acquiring a land plot that is withdrawn for state (municipal) needs when calculating income tax? The site was previously purchased from privately owned lands, the costs of its acquisition were not recognized in tax accounting.
Yes, you can.
Withdrawal of land plots for state (municipal) needs through redemption occurs on a reimbursable basis. Income from such a transaction is reflected in tax accounting. . And the income from the sale can be reduced by the costs of acquiring the property being sold (clause 1, article 268 of the Tax Code of the Russian Federation).
A similar point of view is reflected in the letter of the Federal Tax Service of Russia dated August 29, 2012 No. ED-20-3/920.
An example of reflection in accounting and taxation of the disposal of a land plot in connection with its withdrawal for municipal needs. The land plot was redeemed earlier from the lands of private property. The organization applies the general taxation system (accrual method, reporting period - quarter)
Alpha LLC acquired a land plot in 2013. In 2015, by decision of local authorities, it was withdrawn for municipal needs. The amount of compensation amounted to 1,600,000 rubles. (including 300,000 rubles - lost profits). The actual transfer of the land plot took place in May 2015. The transfer of ownership was registered in June 2015. According to accounting and tax accounting, the cost of a land plot is 1,207,500 rubles.
May 2015:
Debit 45 subaccount "Transferred real estate" Credit 01
June 2015:
Debit 91-2 Credit 45
Debit 76 Credit 91-1
In tax accounting, the taxable profit from the sale of the land plot amounted to 92,500 rubles. (1,300,000 rubles - 1,207,500 rubles). The amount of lost profit (300,000 rubles) refers to non-operating income. The accountant included these amounts in the income tax return for the six months of 2015.
An example of reflection in accounting and taxation of the disposal of a land plot in connection with its withdrawal for municipal needs. The land plot was purchased earlier from municipal land (in the period from January 1, 2007 to December 31, 2011). The organization applies the general taxation system (accrual method, reporting period - quarter)
Alpha LLC acquired a land plot in 2011. In 2013, by decision of local authorities, the land was seized for municipal needs. The amount of compensation amounted to 1,600,000 rubles. (including 300,000 rubles - lost profits). The actual transfer of the land plot took place in May 2013. The transfer of ownership was registered in June 2013. According to accounting data, the cost of the land plot is 1,207,500 rubles. According to tax accounting, the unfinished part of the cost of acquiring a land plot amounted to 640,000 rubles.
In accounting, the accountant of Alpha made the following entries.
May 2013:
Debit 45 subaccount "Transferred real estate" Credit 01
- 1,207,500 rubles - reflects the disposal of the land prior to the transfer of ownership.
June 2013:
Debit 91-2 Credit 45
- 1,207,500 rubles - the cost of the land plot is reflected in other expenses;
Debit 76 Credit 91-1
- 1,600,000 rubles. - the amount of compensation (reimbursement) for withdrawal is reflected in other income.
For the purposes of tax accounting, the organization has reflected the disposal of land as an ordinary sale.
In tax accounting, the taxable profit from the sale of the land plot amounted to 660,000 rubles. (1,300,000 rubles - 640,000 rubles). The amount of lost profit (300,000 rubles) refers to non-operating income. The accountant included these amounts in the income tax return for the first half of 2013.
Due to the difference in the amounts of recognized expenses for the acquisition of a land plot, a constant difference and a corresponding constant tax liability are formed in accounting:
Debit 99 Credit 68 sub-account "Calculations for income tax"
- 113,500 rubles. ((1,207,500 rubles - 640,000 rubles) × 20%) - a permanent tax liability is reflected.
Fixed assets are buildings, structures, vehicles, equipment. Such property is used for more than 12 months and costs no less than a certain amount. Acceptance for accounting of OS in 1C 8.3 occurs in several stages. Each of them is displayed in a certain order. Let's dwell on this in more detail.
Acceptance for accounting of fixed assets in 1C 8.3 occurs in two stages: first, they reflect the receipt of fixed assets, then their commissioning. In this article, read how to take into account fixed assets in 1C accounting 8.3 in 3 steps.
Go to the section "Fundamentals and intangible assets" (1) and click on the link "Receipt of equipment" (2).
In the window that opens, click the "Create" button (3).
The "Receipt: Equipment (Create)" window opens. In the upper section of the document (4) in the "Organization" field, indicate your organization, in the "Warehouse" field, indicate which warehouse the equipment was delivered to. In the "Counterparty" and "Agreement" fields, specify the supplier of fixed assets and the details of the agreement with him. In the Invoice No. field, enter the number of the invoice for which the property was received.
The bottom section consists of five tabs (5):
In the "Equipment" tab, click the "Add" button (6) and enter the data on the received fixed asset. In the "Nomenclature" field, specify the name of the OS, in the "Quantity" and "Price" fields, the quantity and price of the equipment received. “Accounting account” 1C 8.3 will automatically determine, depending on the type of equipment received (fixed assets, equipment for installation). When all the data is entered, you can save the document, to do this, click the "Post and close" button (7). Now the purchase of fixed assets is reflected in accounting under the debit of account 08 (if fixed assets were purchased) or 07 (if equipment was purchased that requires installation).
The second stage is the acceptance for accounting of OS in 1C 8.3 - commissioning. A fixed asset ready for operation is put on the balance sheet on the basis of an acceptance certificate. To do this, create the document "Acceptance for OS accounting". To do this, go to the "FA and intangible assets" section (8) and click on the link "Acceptance of fixed assets" (9).
In the window that opens, click the "Create" button (10). The "Acceptance to OS Accounting" window will open.
In the upper section of the window "Acceptance for accounting with fixed assets" (11), fill in the fields:
The bottom section of the window consists of five tabs (12):
In the “Non-current asset” tab (13), indicate the appropriate “Method of receipt”, for example, “Purchase for a fee”. In the "Equipment" field, select the equipment that you are putting into operation from the "Nomenclature" reference book. Also indicate the "Warehouse" where it is located. In the "Account" field, the accounting account on which the object was reflected upon receipt of goods will be automatically set (Step 1).
In the "Fixed assets" tab (14) you need to create a new fixed asset object. To do this, click on the "Add" button (15), and then on the "+" (16).
A window will open for filling in data on the fixed asset. Fill in the fields in this window:
In the "Accounting" tab (19) specify:
In the "Tax accounting" tab (20) fill in:
All data for the commissioning of the fixed asset are filled in. Now you can save and post the document. To do this, click "Record" (21) and "Submit" (22). Fixed assets in 1C 8.3 Accounting are registered. The fixed asset was put into operation, accounting entries were made on the debit of account 01 “Fixed assets”.
A land plot is a type of real estate, which, along with other things, can be an object of sale, with the exception of certain cases (Art. ). We will tell you about the accounting of land in accounting in our consultation.
The procedure for accounting for a land plot depends on the purpose for which this land is acquired.
So, if a land plot is acquired for production purposes (for example, for the construction of a workshop building or farming on it), then it will be taken into account as part of fixed assets on account 01 “Fixed assets”.
If the site is initially purchased for resale, it will need to be accounted for as a product on account 41 “Goods”.
In any case, the cost of a land plot, at which it will be taken into account, will be determined as the sum of the actual costs of acquiring it, including the fee for registering property rights (clauses 7, 8 PBU 6/01, clauses 5 , 6 PBU 5/01).
If the land plot is accounted for as part of fixed assets, the organization will be able to revaluate it. When making a decision on revaluation, this will need to be done annually in relation to all land plots accounted for as fixed assets (clause 15 PBU 6/01). Revaluation can lead to both an increase and a decrease in the value of the land.
If the land plot is included in the inventory, the organization can check such plots for impairment. And if necessary, a reserve for their depreciation is formed by attributing the difference by which the book value of the site exceeds its market value to account 59 “Reserves for the depreciation of financial investments” (Debit of account 91 “Other income and expenses” - Credit of account 59).
Here are the main accounting entries that are made when acquiring a land plot as an object of fixed assets:
Recall that land plots are not depreciated as objects whose consumer properties do not change over time (paragraph 5, paragraph 17, PBU 6/01).
If the land plot is included in the inventory, then instead of account 08-1, account 41 will be used in the above entries, and account 01 will not be applied.
The accounting procedure for the sale of land will also depend on whether it is accounted for as fixed assets or goods. Indeed, in the first case, income and expenses from its sale will be taken into account in the composition, and in the second - as.
| Operation | Account debit | Account credit |
|---|---|---|
| Reflected income from the sale of land, accounted for in property, plant and equipment | 62 "Settlements with buyers and customers" | 91 "Other income and expenses" |
| Reflected income from the sale of land, accounted for as a commodity | 90 "Sales" | |
| The book value of the land plot is written off as a fixed asset | 91 | 01 |
| The accounting value of the land plot is written off as a commodity | 90 | 41 |
| Reflected the costs associated with the sale of land as a fixed asset | 91 | 60, 76, 70 “Settlements with personnel for wages”, 10 “Materials”, etc. |
| Reflected the costs associated with the sale of land, accounted for as a commodity | 44 Selling costs | |
| Expenses related to the sale of a land plot accounted for as a commodity are written off | 90 | 44 |
Please note that the sale of land plots is not subject to VAT (
How to reflect the purchase of a land plot in 1C Accounting
1. Enter in the directory "construction objects" "Land such and such"
2. Document " Receipt of goods and services"(operation type - construction objects, change account = 08.1) reflect the debt to the counterparty.
3. Issue the document "Acceptance for accounting of fixed assets" with this type of construction object. At this stage, you will also need to enter the land plot as an element of the OS directory. Dt 01.1 (subconto1 - land plot in the directory "fixed assets") Kt 08.1 (subconto1 - land plot in the directory "construction objects").
4. If the transaction is subject to state registration, create a document "Registration of land".
Accounting for land in accounting has its own specifics. Under what conditions can a piece of land be taken into account, how to write off the costs of its purchase, and what transactions are made with land operations - read about this in the article.
The procedure for registration of operations with land is regulated by the provisions of Ch. 17 of the Civil Code of the Russian Federation, the norms of the Land Code of the Russian Federation and the Tax Code of the Russian Federation, as well as PBU 6/01 (approved by order of the Ministry of Finance of the Russian Federation of March 30, 2001 No. 26n).
You can buy land only on the basis of a written sale and purchase agreement (Article 550 of the Civil Code of the Russian Federation). The contract does not need to be notarized. The contract must contain all information about the restrictions or encumbrances of land, as well as the location and price of the site (Articles 554, 555 of the Civil Code of the Russian Federation). The object of the transaction can only be land that has passed the state cadastral registration (Article 37 of the Land Code of the Russian Federation).
Ownership of the land passes from the moment of state registration in Rosreestr (clause 2, article 223 of the Civil Code of the Russian Federation). The fee for state registration of operations with land for legal entities is 22,000 rubles. (signature 22, clause 1, article 333.33 of the Tax Code of the Russian Federation).
According to accounting rules, land should be classified as fixed assets (OS) (clause 5 PBU 6/01). The site is accepted for accounting subject to the following conditions:
When buying a land plot, it is taken into account at the initial cost, formed from the actual costs:
NOTE! The sale of land is not subject to VAT (subclause 6, clause 2, article 146 of the Tax Code of the Russian Federation).
Buying land is an expensive operation, so companies often take out a loan for this. Interest on the loan is included in the cost of the land until the site is transferred from a non-current asset to a fixed asset (clause 7 PBU 15/2008, approved by order of the Ministry of Finance of the Russian Federation dated 06.10.2008 No. 107n).
The company can also receive land:
The land is transferred to the OS when it is fully ready for operation and the initial cost has been formed. The company can accept a plot of land for accounting on account 01 without waiting for the registration of ownership - then it is reflected in a separate sub-account of account 01 (clause 52 of the Guidelines for OS accounting, approved by order of the Ministry of Finance of the Russian Federation dated 13.10.2003 No. 91n).
Land plots are not depreciated either in accounting records or in NU (clause 17 of PBU 6/01, clause 2 of article 256 of the Tax Code of the Russian Federation). There is no other way to include expenses for the purchase of land in the company's expenses (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated March 14, 2006 No. 14231/05).
It is possible to take into account the cost of purchasing a land plot only when it is further sold. Then, on the date of transfer of the land to the buyer, the seller of the land records the income from the transaction, reduced by the cost of acquiring the land and spending on its sale (clause 31 PBU 6/01, clause 1 article 271, clause 1 article 268 of the Tax Code of the Russian Federation) .
In a special procedure for profit, expenses are recognized for the acquisition of land from state or municipal property on which buildings, structures or structures are located, or which is acquired for the construction of fixed assets, under contracts for the acquisition of land plots concluded from 01.01.2007 to 12.31.2011. Such costs can be (subclause 1, clause 3, article 264.1 of the Tax Code of the Russian Federation):
NOTE! Land can be used only in accordance with the type of permitted use specified in the State Real Estate Cadastre (clause 1, article 263 of the Civil Code of the Russian Federation).
The land plot is subject to land taxation. Read more about how to pay it in the article. "Terms for the payment of advance payments on land tax" .
Operations with land can only be carried out under the condition of drawing up a contract in writing. The parties draw up 3 copies of the agreement: 1 for each participant in the transaction and 1 for Rosreestr.
The plot is assigned to account 08 on the date of the actual transfer of land according to the act of acceptance and transfer or the date of signing the contract (if the contract is equated by the parties to the act of acceptance and transfer).
You can keep records of land plots using unified forms OS-1 and OS-6 or according to independently developed forms, compiled using mandatory details (Article 9 of the Law “On Accounting” dated November 22, 2011 No. 402-FZ).
When accepting a land plot from the founder, it is necessary to conduct an independent assessment of the land, as well as make changes to the company's constituent documents.
How to do this, read the article "Accounting entries for contributions to the authorized capital" .
If the organization received the land free of charge, then the market valuation of the site is confirmed by an independent appraiser or cadastral registration data (Article 66 of the Labor Code of the Russian Federation).
The company may lease the land. Then a lease agreement must be concluded and an act of acceptance and transfer of property to the counterparty must be drawn up. If the lease agreement is concluded for a period of more than a year, then it must be registered with the territorial office of Rosreestr (paragraph 2 of article 609, paragraph 2 of article 651 of the Civil Code of the Russian Federation).
For more information about registration in the accounting of lease operations with land, read the article. "Accounting for the lease of fixed assets (nuances)" .
The actual expenses for the purchase of land are collected on account 08 in correspondence with accounts 60, 76. Payment of the state duty and its inclusion in the cost of the land plot are carried out by entries:
Further accounting of land depends on the purpose of its use. If the company builds buildings on the territory, but at the expense of investors, then such an object cannot be recognized as an OS - it will remain on account 08. Upon completion of construction, the accountant will make an entry:
If the owner uses the land for his own purposes and for his own money, then the site should be included in the OS by posting:
When buying land from the state for the construction of fixed assets (under the agreements of 2007-2011), a tax difference arises: in NU, spending on land is recognized as an expense, but in BU it is not. The accountant should monthly reflect in the BU a permanent tax asset until the full write-off of expenses in tax accounting:
Z is the initial cost of the site;
n is the number of years to write off the cost of buying land.
The sale of land is documented by the records:
We remind you that the sale of land is not subject to VAT.
Upon receipt of land in the authorized capital of the company, the accountant will make the following entries:
The transfer of land as a contribution to the Criminal Code of another legal entity is reflected in the entries:
If the initial cost of the transferred land differs from the estimate agreed by the founders, the difference should be attributed to the corresponding sub-account of account 91 in correspondence with account 76 (sub-account "Settlements on deposits to the Criminal Code").
The accountant reflects the receipt of a land plot free of charge by the entries:
If your company transfers the land plot free of charge, then the accounting entry is as follows:
Income and expenses in tax accounting do not arise when land is transferred free of charge (Articles 249, 250, clause 16 of Article 270 of the Tax Code of the Russian Federation). But then a permanent tax liability is formed in accounting, which is taken into account simultaneously with the write-off of the cost of land and the costs of its transfer (clause 7 PBU 18/02):
When concluding a contract for the exchange of wiring from a company that transfers land and accepts other property in return, the following:
The financial result from exchange operations in the accounting of participants in the transaction is zero.
In exceptional cases, a land plot may be withdrawn (Article 49 of the Land Code of the Russian Federation). Government agencies are required to notify the owner of the land. The owner or user of the land has the right to claim compensation in the amount of the market value of the land plot, real estate located on it, as well as losses and lost profits from the seizure (Articles 56.8, 56.9 of the Land Code of the Russian Federation). On the date of termination of ownership of the land, the following postings are made:
Features of accounting for land plots are as follows:
For more information on what reporting should be submitted to the owner of the land, read the article.
