Situation: The organization purchases equipment from Russian suppliers under an agreement providing for payment in euros at the Bank of Russia exchange rate on the date of payment. Sometimes, according to the terms of the contract, an advance payment is made, but more often payment is made upon delivery of the equipment. Suppliers issue invoices in euros.

The purchased equipment is sold for installation to other organizations. The agreement with them also provides for calculations at the Bank of Russia exchange rate on the date of payment. Buyers require an invoice from the organization in rubles.

What amount of VAT should be deducted on advances issued and on equipment accepted for accounting, since the euro exchange rate changes and so does the amount of VAT?

What amount of VAT should be charged on the sale of equipment, provided that the amount received into the bank account from buyers is less than the amount at the exchange rate on the date of shipment of the equipment? Is it possible to issue a negative invoice to customers?

Answer.

When purchasing/selling goods, the cost of which is expressed in monetary units. (subject to payment at the rate established by the parties to the transaction, by default - at the rate of the Bank of Russia on the date of payment), on the terms of 100% prepayment, the cost is recalculated into rubles at the prepayment rate, regardless of how the rate has changed on the date of transfer of ownership. In this case, neither the seller nor the buyer has exchange rate differences in accounting and tax accounting.

If at the time of transfer of ownership of the goods, the cost of which is expressed in monetary units, there is no prepayment, then the obligations are recalculated into rubles at the exchange rate on the date of shipment/acceptance for accounting.

In case of partial prepayment at the time of sale/acceptance for accounting, conversion into rubles is made as follows: for the prepayment amount - at the rate on the date of prepayment, for the unpaid amount - at the rate at the date of shipment.

Subsequently, when payment is made at the exchange rate on the date of payment, the cost of the goods and the amount of VAT accrued by the seller upon sale and accepted for deduction by the buyer upon purchase are not recalculated; The differences that arise are applied to both the seller and the buyer as non-operating expenses/income. Additional invoices (neither negative nor positive) will not be issued by the seller if differences arise.

When an advance is received for obligations expressed in monetary units, the seller issues an invoice for the amount of the received advance in rubles. The buyer has the right to deduct VAT on the advance payment issued based on the seller’s invoice, while the amount of VAT will be determined based on the ruble amount of the transferred advance payment. Upon subsequent acceptance of the goods for registration, the buyer restores the amount of VAT on the advance payment, previously set for deduction, in the same amount in rubles that was accepted for deduction. VAT on goods accepted for accounting is deducted based on the ruble value of the goods, determined taking into account the above.

Rationale:

The Civil Code of the Russian Federation establishes that when concluding an agreement, the monetary obligation between the parties to the agreement can be expressed in foreign currency or in conventional monetary units (c.u.) (clause 2 of Article 317 of the Civil Code of the Russian Federation). In this case, the amount payable in rubles is determined at the official exchange rate of the relevant currency or conventional monetary units on the day of payment, unless a different rate or another date for its determination is established by law or by agreement of the parties.

The procedure for calculating the tax base for VAT is described in Article 153 of the Tax Code of the Russian Federation, including paragraph 4 of this article is devoted to the procedure for determining the tax base for the sale of goods (work, services), property rights under contracts, the obligation to pay for which is provided for in rubles in an amount equivalent to a certain amount in foreign currency, or conventional monetary units. However, paragraph 4 of Article 153 of the Tax Code of the Russian Federation does not speak about the procedure for calculating the tax base for full or partial prepayment under a contract in conventional units. It may seem that in this case the tax base is not determined at all. An additional basis for such a conclusion can be a comparison of paragraphs 4 and 3 of Article 153 of the Tax Code of the Russian Federation, the latter of which directly states that if an agreement is concluded in foreign currency, the tax base is determined twice - on the dates established by paragraph 1 of Article 167 of the Tax Code of the Russian Federation.

To understand that this is not so, it is necessary to consider the content of paragraph 4 of Article 153 of the Tax Code of the Russian Federation not in isolation, but in conjunction with other provisions of Chapter 21 of the Tax Code of the Russian Federation on prepayment. First of all, with paragraph 1 of Article 154 of the Tax Code of the Russian Federation, which contains a closed list of cases when prepayment is not subject to VAT, and there is no prepayment under contracts in conventional units. The same opinion is shared by the Russian Ministry of Finance, which indicates that in relation to the prepayment in question there is no exception in terms of the general requirement to determine the tax base on the date of prepayment (Letter of the Ministry of Finance of the Russian Federation dated February 17, 2012 No. 03-07-11/50).

In accordance with paragraph 2 of paragraph 1 of Article 168 of the Tax Code of the Russian Federation, in the event of receiving an advance payment (full or partial), the taxpayer-seller is obliged to present to the buyer the amount of tax calculated in the manner established by paragraph 4 of Article 164 of the Tax Code of the Russian Federation. Paragraph 4 of Article 164 of the Tax Code of the Russian Federation, in turn, states that upon receipt of an advance payment, the tax rate is determined as a percentage of the tax rate of 10% or 18% to the tax base, taken as 100 and increased by the corresponding tax rate. The tax base upon receipt of an advance payment is determined based on the amount of payment received, taking into account tax (paragraph 2 of paragraph 1 of Article 154 of the Tax Code of the Russian Federation).

Thus, the tax base upon receipt of an advance payment for obligations expressed in monetary units, but payable in rubles, will be determined based on the amount of payment received in rubles, regardless of the rate at which the conventional units were converted into rubles.

In turn, the buyer, when transferring the prepayment, has the right to deduct the VAT amounts presented by the seller (clause 12 of Article 171 of the Tax Code of the Russian Federation). As stated above, this amount will be calculated based on the amount of the transferred prepayment in rubles.

The amount of VAT on the transferred prepayment accepted for deduction is subject to restoration in the tax period when the buyer has the right to deduct the amount of VAT on goods received. In this case, VAT amounts are subject to restoration in the amount previously accepted for deduction in relation to prepayment (subclause 3 of clause 3 of Article 170 of the Tax Code of the Russian Federation).

Thus, the buyer has the right to deduct the amount of VAT from the transferred advance payment in the amount determined on the basis of the actual transferred ruble amount of the advance payment, and when using this right, he is obliged to restore the previously accepted amount of VAT (in the same amount) upon receipt of the goods.

According to the clarifications of the Ministry of Finance of Russia, the tax base for contracts in conventional units on the day of shipment of goods (performance of work, provision of services) should be determined based on the received 100% prepayment in rubles without recalculation at the Bank of Russia exchange rate on the date of shipment. In case of partial prepayment, the norm of paragraph 4 of Article 153 of the Tax Code of the Russian Federation should be applied to the part of the cost of goods (work, services), expressed in foreign currency or in conventional monetary units, not paid by the buyer on the date of shipment of goods (work, services). Previously received partial payments in rubles are not recalculated (Letter of the Ministry of Finance of the Russian Federation dated January 17, 2012 No. 03-07-11/13).

Thus, The rule on determining the tax base for contracts in conventional units at the rate of this unit established by the Bank of Russia on the date of shipment is not always valid, but only for shipments for which there was no prepayment. In case of full prepayment, this rule does not apply at all; in case of incomplete payment, it does not apply partially, in proportion to the paid part.

In accounting, recalculation of funds received and issued in advances, prepayments after they have been accepted for accounting due to changes in the exchange rate is not carried out (clause 10 of PBU 3/2006).

Regarding the legality of issuing invoices in monetary units. I would like to note the following.

According to paragraph 7 of Article 169 of the Tax Code of the Russian Federation, if, under the terms of the transaction, the obligation is expressed in foreign currency, then the amounts indicated in the invoice may be indicated in foreign currency. At the same time, Chapter 21 of the Tax Code of the Russian Federation does not explain which obligation can be considered “expressed in foreign currency”: only one that is paid in foreign currency, or also one in which foreign currency is a conventional unit. Therefore, for the purposes of applying Chapter 21 of the Tax Code of the Russian Federation, it is necessary, as required by paragraph 1 of Article 11 of the Tax Code of the Russian Federation, to refer to the norms of civil legislation or accounting, based on which we conclude that this is an obligation for which the payment currency can be foreign currency , and rubles (Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated November 4, 2002 No. 70, PBU 3/2006).

The wording of paragraph 7 of Article 169 of the Tax Code of the Russian Federation should be understood as allowing the preparation of invoices in foreign currency, including for obligations expressed in foreign currency, settlements for which are carried out in rubles. An indirect confirmation of this is paragraph 3 of the Rules for filling out an invoice used in calculations of value added tax, approved by Resolution No. 1137, which states that the cost indicators of the invoice (in columns 4 - 6, 8 and 9) are indicated in rubles and kopecks (US dollars and cents, euros and eurocents or in other currencies). From this point of view, the actual prohibition on drawing up invoices under contracts in conventional units, contained in subparagraph “m” of paragraph 1 of the same rules, does not correspond to the Tax Code of the Russian Federation and can be challenged in the prescribed manner in court.

Regarding the issuance of additional (for example, negative) invoices when changing the amount of VAT on an obligation expressed in monetary units upon post-payment, the following should be noted.

In accordance with paragraph 1 of Article 167 of the Tax Code of the Russian Federation, the moment of determining the tax base for VAT is the earlier of two dates: the day of shipment or the day of payment (partial payment) on account of upcoming deliveries.

In accordance with paragraph 3 of Article 168 of the Tax Code of the Russian Federation, the seller issues an invoice when selling goods, as well as upon receiving advance payment amounts (full or partial).

The Tax Code also provides for the issuance of an adjustment invoice when the cost of shipped goods changes (paragraph 3 of paragraph 3 of Article 168 of the Tax Code of the Russian Federation).

Thus, When selling goods whose cost is expressed in cu, the seller is obliged to issue an invoice - either in cu or in rubles at the exchange rate at the time of determining the tax base in accordance with Article 167 of the Tax Code of the Russian Federation. Upon subsequent payment, there is no change in the cost of the shipped goods, but they are revalued at the exchange rate on the day of payment, therefore an adjustment invoice is not issued in this case.

Please provide clarification on the following operations: 1. The agreement was concluded in euros, payment is made in rubles at the time of payment at the Central Bank exchange rate. There is an amount difference between shipment and payment, what documents must be provided to the buyer for the difference?2. The contract is concluded in euros, payment is made in rubles at the time of shipment at the Central Bank exchange rate, but there is a condition that if the Central Bank exchange rate has increased by 10% between shipment and payment, then the difference is paid. What documents are required to document this? Thank you in advance.

2) Agreement on change (increase in cost), adjustment invoice.

The rationale for this position is given below in the materials of the Glavbukh System

1. Situation:When exchange rate differences arise in accounting when selling goods

Exchange rate differences in accounting arise in two cases:
– if the value of the contract is expressed in foreign currency and payment for it is received in foreign currency (differences arise when recalculating accounts receivable);
– if the value of the contract is expressed in foreign currency or conventional units linked to foreign currency, and payment for it is received in rubles. In accounting, the concept of “total differences” does not exist. However, in practice, when making payments under contracts expressed in foreign currency or conventional units linked to foreign currency, discrepancies arise between the ruble valuation of products (work, services) on the date of shipment and on the date of payment. Since the nature of the occurrence of such discrepancies is similar to the nature of exchange rate differences, a single procedure for their reflection is used in accounting: as part of other income or expenses (clause 7 of PBU 9/99, clause 11 of PBU 10/99).

Whether or not exchange differences arise when accounting for a specific business transaction for the sale of goods depends on the terms of the contract. Exchange differences arise if the buyer pays for the goods after shipment (transfer) and ownership of the goods passes on the date of shipment.

In this case, the exchange rate difference is formed at the time of payment for the goods: positive (if the ruble valuation of the debt on the date of shipment (transfer) is lower than on the date of payment), or negative (if the ruble valuation of the debt on the date of shipment (transfer) is higher than on the date of payment ).

Also, the exchange rate difference is formed on the reporting date (the last day of the month) when recalculating the liability if the payment and shipment dates fall on different months (clause 3 of PBU 3/2006).

The exchange rate difference is taken into account as part of other income or expenses on account 91 “Other income and expenses” (Instructions for the chart of accounts).*

If the buyer makes an advance payment under the contract, no exchange rate difference arises (clause , PBU 3/2006).

An example of the occurrence and reflection in accounting of exchange rate differences arising from the sale of goods. The cost of the contract is expressed in foreign currency, payments are made in rubles*

LLC "Trading Company "Hermes"" entered into a supply agreement. Hermes must deliver the goods on January 21, and the buyer pays for the goods on February 20. The contract amount is USD 5,000, payment is made in rubles at the official exchange rate of the Central Bank of the Russian Federation on the date of payment for the goods. Title passes to the buyer upon shipment.

The US dollar exchange rate (notional) is:
– January 21 – 29.7 rubles/USD;
– January 31 – 29.6 rubles/USD;
– February 20 – 29.8 rubles/USD.

The organization's accountant made the following entries in the accounting records.

Debit 62 Credit 90-1
– 148,500 rub. (5000 USD ? 29.7 rubles/USD) – revenue from the sale of goods is reflected.

Debit 91-2 Credit 62
– 500 rub. – (5000 USD? (29.7 rubles/USD – 29.6 rubles/USD)) – negative exchange rate difference is reflected.

Debit 51 Credit 62
– 149,000 rub. (5000 USD ? 29.8 rubles/USD) – payment for the goods has been received;

Debit 62 Credit 91-1
– 1000 rub. (5000 USD ? (29.8 rub./USD – 29.6 rub./USD)) – positive exchange rate difference is taken into account.

Elena Popova,

State Advisor to the Tax Service of the Russian Federation, 1st rank

Revenue in foreign currency or conventional units

The procedure for determining the amount of revenue depends on whether an advance payment has been received.

If there was no prepayment, determine the revenue in rubles at the official exchange rate of the Bank of Russia on the date of sale. If revenue is expressed in conventional units linked to a foreign currency, recalculate it into rubles at the rate agreed upon by the parties. This follows from the provisions of paragraph 8 of Article 271 of the Tax Code of the Russian Federation.*

If the sale of property is preceded by the receipt of an advance, the proceeds need to be recalculated only in that part that goes to the seller after the sale. Do not recalculate the amount of the advance received. Include it in revenue:
– in the amount calculated at the official exchange rate of the Bank of Russia on the date of receipt of the advance – if the funds were received in foreign currency;
- in the amount calculated at the rate agreed upon by the parties on the date of receipt of the advance - if the funds were received in rubles.

This procedure for determining the amount of revenue follows from the totality of the norms of paragraph 3 of Article 316, paragraph 11 of Article 250 and paragraph 8 of Article 271 of the Tax Code of the Russian Federation.

Attention: from January 1, 2015, the concept of “amount differences” is not applied in tax accounting. Differences that arise during settlements under contracts expressed in conventional units are taken into account as exchange rates. However, for transactions concluded before January 1, 2015, income and expenses in the form of amount differences should be taken into account in the same manner (clause 3 of Article 3 of the Law of April 20, 2014 No. 81-FZ).

An example of how a commercial organization determines revenue from the sale of goods under a contract concluded in conventional units. The contract provides for the transfer of partial advance payment to the seller*

Alpha LLC entered into an agreement for the supply of goods in the amount of 5900 USD. e. (including VAT – 900 USD). The conventional unit under this agreement is the euro at the official exchange rate of the Bank of Russia, increased by 5 percent. The contract provides for an advance payment of 40 percent of the cost of the goods. The remaining balance must be repaid on the day the goods are shipped.

On January 15, Alpha received a 40 percent advance payment from the buyer. The item was shipped to the buyer on January 25th.

The euro exchange rate established by the Bank of Russia is (conditionally):
– as of January 15 – 61 rubles/euro;
– as of January 25 – 63 rubles/euro.

The exchange rate of a conventional unit is, accordingly, equal to:
– as of January 15 – 64.05 rubles. (61 rub./euro + 5%);
– as of January 25 – 66.15 rubles. (63 RUR/EUR + 5%).

The following entries were made in Alpha's accounting records.

Debit 51 Credit 62 subaccount “Calculations for advances received”
– 151,158 rub. (5900 cu ? 40% ? 64.05 rubles) – an advance was received to pay for the goods;

Debit 76 subaccount “Calculations for VAT on advances received” Credit 68 subaccount “Calculations for VAT”
– 23,058 rub. (RUB 151,158 ? 18/118) – VAT is charged on the amount of the prepayment in rubles at the Bank of Russia exchange rate on the date of receipt of the prepayment.

Debit 62 subaccount “Settlements for goods sold” Credit 90-1
– 385,329 rub. (RUB 151,158 + CU 5900 ? 60% ? RUB 66.15/CU) – revenue from the sale of goods is reflected.

Invoices for deliveries under contracts concluded in e., are billed in rubles (subclause “m” of clause 1 of Appendix 1 to the Decree of the Government of the Russian Federation of December 26, 2011 No. 1137). The tax amount is calculated by the seller and indicated on the invoice. For more information about how much VAT the seller (performer) must present, see How to calculate VAT when receiving amounts related to settlements for payment for goods (works, services) sold.

There is no need to recalculate VAT after final settlement with the seller (performer), since the right to deduction arises at the time of receipt of goods (work, services). Exchange differences that arise during the final settlement should be included in non-operating income or expenses (clause 11.1 of Article 250, subclause 5.1 of clause 1 of Article 265 of the Tax Code of the Russian Federation).*

This procedure follows from the provisions of paragraph 5 of paragraph 1 of Article 172 of the Tax Code of the Russian Federation. Similar clarifications are contained in the letter of the Ministry of Finance of Russia dated January 17, 2012 No. 03-07-11/13.

An example of determining the amount of VAT deduction when posting goods under an agreement concluded in U.S. e. According to the terms of the contract, the goods are paid for after delivery*

LLC "Trading Company "Hermes"" buys goods at prices expressed in USD. e. According to the terms of the supply agreement 1 cu. e. equal to 1 US dollar at the official exchange rate of the Bank of Russia on the date of payment.

The reporting period for income tax is a month.

On October 12, 2015, Hermes received goods worth $11,800. e. (including VAT – 1800 USD). The supplier invoice states:

• cost of goods – 315,000 rubles;
• VAT amount – RUB 56,700.

Conditional US dollar exchange rate:

• on the date of capitalization (October 12, 2015) 31.50 rubles/USD;
• on the date of payment (October 19, 2015) 31 rubles/USD.

The following entries were made in the accounting records of Hermes.

Debit 41 Credit 60
– 315,000 rub. – purchased goods are capitalized;

Debit 19 Credit 60
– 56,700 rub. – input VAT is reflected;

Debit 68 subaccount “VAT calculations” Credit 19
– 56,700 rub. – accepted for deduction of input VAT.

Debit 60 Credit 51
– 365,800 rub. (11,800 USD ? 31 rubles/USD) – goods were paid to the supplier;

Debit 60 Credit 91-1
– 5900 rub. ((RUB 315,000 + RUB 56,700) – RUB 365,800) – reflects the positive difference in settlements with the supplier.

On the day of payment, Hermes does not adjust the amount of VAT previously accepted for deduction.

When calculating income tax for October, the Hermes accountant included the resulting positive difference (5,900 rubles) in non-operating income.

Olga Tsibizova, Deputy Director

Department of Tax and Customs Tariff Policy of the Ministry of Finance of Russia

In what cases should you draw up

When the cost of goods shipped, work performed, services rendered, or property rights transferred changes, sellers issue adjustment or uniform adjustment invoices.* An increase or decrease in the price, quantity, or volume of goods supplied may cause a change in value. This procedure follows from the provisions of paragraph 3 of paragraph 3 of Article 168 of the Tax Code of the Russian Federation.

Here are a few situations where the seller is required to issue an adjustment (single adjustment) invoice:

• discounts are provided to customers;
• during the acceptance process, the buyer identified a shortage or discrepancy in the quality of goods, work, services or property rights and the seller acknowledged this claim;
• the buyer returns goods not accepted for accounting;
• the buyer has discovered low-quality goods, which he managed to accept for registration, but does not return them to the seller, but disposes of them on his own, as the parties separately agreed upon;
• the goods are returned by the buyer who does not pay VAT;
• goods were shipped to the buyer at preliminary prices, and subsequently they were revised taking into account the prices at which these products were sold to consumers.

This is stated in the letters of the Russian Ministry of Finance, paragraph 3 of Art. 485 of the Civil Code of the Russian Federation). The condition for granting a discount associated with a change in the price of a product may be stipulated in the supply contract, an additional agreement to it or another document confirming the amount of the discount.

When shipping goods, primary documents are drawn up, in particular, invoices in the form approved by the head of the organization (for example, in form No. TORG-12), on the basis of which the goods are credited to the accounting accounts (Part and Article 9 of the Law of December 6, 2011 No. 402-FZ).

If in the future the supplier provides a discount that reduces the cost of the goods, an appropriate adjustment should be made in the buyer's accounting. Reflect the adjustment operation on the basis of primary accounting documents drawn up in accordance with the terms of the contract, an additional agreement to it or another document (Part 1 of Article 9 of the Law of December 6, 2011 No. 402-FZ). In practice, an accounting certificate is most often prepared to reflect discounts in accounting. Based on the accounting certificate, reflect in the accounting records the decrease in the cost of the goods by the amount of the discount provided.

Thus, there is no need to make changes to the delivery note in this case. Similar explanations are given in the letter of the Federal Tax Service of Russia dated January 24, 2014 No. ED-4-15/1121.

Sergey Razgulin,

Actual State Councilor of the Russian Federation, 3rd class

Invoice in euros - payment in rubles (sample)

During periods of instability of the ruble exchange rate, many companies prefer to enter into contracts in foreign currency. The amount of obligations arising under them is expressed in foreign monetary units. A peculiarity of such agreements concluded by residents is that payment of obligations does not occur in the currency of the agreement. For example, the invoice is in euros, and the payment is in rubles. A sample invoice can be downloaded from the link below.

What is the difference between an account in foreign currency and an account in rubles?

Issuing an invoice in foreign currency is not fundamentally different from issuing a similar document in rubles. It should indicate all the required details:

• date of issue;
• number;
• name of the payer;
• identifiers, name and address of the company receiving the funds;
• her bank details;
• name of paid goods (services, works), units of measurement;
• unit price and cost;
• condition for including VAT in the price.

As the account currency, you must indicate the currency of the agreement: if the agreement is in euros, then the invoice is in euros. A sample of such an invoice can be downloaded from the link below.

Invoice form in euros

It would be useful to indicate in the invoice a sample of filling out the “Purpose of payment” field in the payment order. For example: “Payment for equipment according to invoice No. 1-OB dated April 27, 2017 in accordance with equipment supply agreement No. OB-0417 (in euros), including VAT of 10,000.00 rubles.”

In addition, a “reminder” to the counterparty about the terms of the contract can be added to the invoice. For example: “Payment of the invoice is made at the euro exchange rate established by the Bank of Russia on the day of payment.” Or: “Payment of the invoice is made at the euro exchange rate established by the Bank of Russia on the day of payment, increased by 1%.”

In this regard, there is no point in duplicating invoice amounts expressed in foreign currency in rubles. The counterparty can pay a foreign currency invoice in rubles on any of the following days after it is issued. The ruble equivalent of the presented invoice is likely to change during this time.

The payment document must be signed by an authorized person(s) of the organization. It will be stamped if available.

Features of paying bills in foreign currency

What should an accountant follow when making payments under an agreement concluded by residents in foreign currency? For example, if the counterparty issues an invoice for payment in euros (a sample of such an invoice for downloading is available at the link in the text).

First of all, the provisions of the contract.

As a rule, it stipulates at what rate and on what date the currency is converted into rubles.

For example, the contract may include the following clause: “Payment of obligations under the contract is made at the official euro exchange rate established on the date of invoice.” Or: “Payment under the contract is made at the official euro exchange rate established on the date of payment by the Buyer, increased by 1.1%.”

What should you follow when the contract does not contain conditions for converting foreign currency obligations into rubles for payment? For example:

• it is not indicated at what rate the conversion takes place,
• it is not indicated on what date the conversion rate is set,
• Both of the above circumstances are not specified.

In this case, conversion into rubles for payment must be made at the official exchange rate of the contract currency on the date of payment.

The same should be done if the contract does not contain a reference to the fact that payment is made in rubles.

A similar procedure applies when residents enter into contracts in dollars. Payment of advances and obligations under such agreements will not be in the currency of the agreement: invoices issued will be in dollars, and payment will be in rubles.

A Russian organization - a lessor - transferred property under a leasing agreement to a Russian organization - a lessee. The contract amount is expressed in foreign currency, payment is provided in rubles.

Can an invoice and a certificate of provision of services under a contract be drawn up in foreign currency?

Having considered the issue, we came to the following conclusion:

In our opinion, in cases where, according to the terms of the agreement, the final ruble valuation of the obligation cannot be determined until its full repayment, drawing up an act in foreign currency cannot be the basis for excluding such expenses for both tax and accounting purposes, as well as to refuse a tax deduction of the VAT amount due to the impossibility of taking these works (services) into account. However, it is possible that the taxpayer will have to prove his case in court.

Rationale for the conclusion:

Based on paragraph 1 of Art. 424 of the Civil Code of the Russian Federation, the execution of the contract is paid at the price established by agreement of the parties. According to Art. 317 of the Civil Code of the Russian Federation, monetary obligations must be expressed in rubles.

At the same time, a monetary obligation may stipulate that it is payable in rubles in an amount equivalent to a certain amount in foreign currency or in conventional monetary units (ecus, “special drawing rights”, etc.). In this case, the amount payable in rubles is determined at the official exchange rate of the corresponding currency or conventional monetary units on the day of payment, unless a different rate or another date for its determination is established by law or by agreement of the parties (clause 2 of Article 317 of the Civil Code of the Russian Federation).

Thus, civil legislation allows the conclusion of contracts providing for the expression of a monetary obligation in foreign currency.

The act of provision of services under the contract is the primary document that formalizes business transactions for the services provided. Considering that the albums of unified forms of primary documents do not contain this form of act, he has the right to independently develop its form. The main thing is that it must contain the mandatory details established by clause 2 of Art. 9 of Law N 129-FZ, including measures of business transactions in monetary terms. Law N 129-FZ and other regulations do not contain a prohibition to indicate monetary measures of business transactions in foreign currency. In addition, in some cases, it is not possible to indicate a monetary obligation in terms of rubles. For example, in a situation where, under the terms of the contract, the final amount of monetary obligations in rubles will be determined only after full payment.

It should be taken into account that, according to paragraph 1 of Art. 8 of Law N 129-FZ, obligations and business transactions of organizations are carried out in the currency of the Russian Federation - in rubles.

Conversion into rubles of assets and liabilities, the value of which is expressed in foreign currency (including those payable in rubles), is carried out in accordance with the provisions of PBU 3/2006 “Accounting for assets and liabilities, the value of which is expressed in foreign currency” (hereinafter referred to as PBU 3 /2006). At the same time, PBU 3/2006 contains a list of dates for carrying out individual transactions in foreign currency; it is on these dates that the value of assets and liabilities expressed in foreign currency is recalculated into rubles, unless the norms of PBU 3/2006 provide otherwise (for example, in relation to advances and prepayment).

Neither Law No. 129-FZ nor other regulations contain requirements for the mandatory preparation of primary documents in rubles.

However, according to the Ministry of Finance of Russia, the preparation of primary documents in foreign currency will be a violation of the requirements of the legislation of the Russian Federation for primary accounting documents, and similar requirements should be presented to primary accounting documents that are the basis for compiling analytical tax accounting registers (see, for example, letters of the Ministry of Finance of Russia dated July 17, 2007 N 03-03-06/2/127, dated January 12, 2007 N 03-03-04/1/866).

The tax authorities have a similar opinion (letter from the Federal Tax Service of Russia for Moscow dated April 21, 2009 N 16-15/038922).

In most cases, the courts support taxpayers, confirming that the preparation of primary documents in foreign currency (conventional units) does not contradict the law (see, for example, resolutions of the Federal Antimonopoly Service of the North-Western District dated 04/08/2008 N A56-16847/2007, dated 01/11/2008 N A56-5204/2007, FAS Moscow District dated 01/21/2008 N KA-A41/14395-07, dated 11/30/2007 N KA-A41/12524-07, dated 10/15/2007 N KA-A41/10584-07).

To be fair, it should be said that there are also opposing court decisions. For example, the judges of the Federal Antimonopoly Service of the North-Western District, in resolution dated June 25, 2007 N A13-13207/2006-30, came to the conclusion that primary documents compiled in conventional units cannot be accepted for accounting.

The presence of judicial practice suggests that the taxpayer’s filling out primary documents in foreign currency often raises claims during tax audits. However, in our opinion, in cases where, according to the terms of the agreement, the final ruble valuation of the obligation cannot be determined until its full repayment, then, taking into account the above arbitration practice, drawing up an act in foreign currency cannot be the basis for excluding such expenses for tax purposes , and accounting, as well as for refusal to deduct the amount of VAT due to the impossibility of taking these works (services) into account.

Invoice

An invoice is a document that serves as the basis for accepting the presented VAT amounts for deduction or reimbursement (Article 169 of the Tax Code of the Russian Federation).
At the same time, paragraph 7 of Art. 169 of the Tax Code of the Russian Federation contains a direct rule that if, under the terms of the transaction, the obligation is expressed in foreign currency, the amounts indicated in the invoice can be expressed in foreign currency.

Since this paragraph is not about payment in foreign currency, but about the assessment of the obligations of the parties, this norm of the Tax Code of the Russian Federation, in our opinion, applies not only to contracts with foreign partners, but also to agreements between Russian organizations in which the cost of goods sold goods (works, services), transferred property rights are expressed in foreign currency, payments for which are made in rubles.

There is no prohibition on filling out invoices in foreign currency in the Rules for maintaining logs of received and issued invoices, purchase books and sales books for VAT calculations, approved by Decree of the Government of the Russian Federation dated December 2, 2000 N 914 (hereinafter referred to as the Rules).

Consequently, the seller has the right to issue invoices in foreign currency with reflection in the book of sales and purchases in the corresponding ruble equivalent.

The admissibility of drawing up invoices in foreign currency is indicated by the tax authorities in letters of the Federal Tax Service of Russia dated April 19, 2006 N ШТ-6-03/417@, Federal Tax Service of Russia for Moscow dated December 6, 2007 N 19-11/116396, dated April 12. 2007 N 19-11/33695, dated 01.08.2005 N 19-11/54620, as well as by the courts - in the decisions of the Federal Antimonopoly Service of the Moscow District dated March 16, 2011 N F05-1188/2011 in case N A40-69652/2010, dated March 10, 2010 N KA-A41/1634-10 in case N A41-36801/09, Ninth Arbitration Court of Appeal dated March 30, 2011 N 09AP-4506/11, FAS Volga District dated April 30, 2009 N A57 -16421/2008, dated July 15, 2008 N A55-10953/07, FAS of the Ural District dated March 17, 2008 N F09-1590/08-S2, FAS North-Western District dated January 11, 2008 N A56-5204/2007, dated 06.07 .2006 N A56-52804/2005, FAS North Caucasus District dated 02.26.2007 N F08-951/07-386A.

At the same time, there is judicial practice indicating the existence of the opinion of the tax inspectorate that the amounts of the submitted value added tax can be indicated in invoices in foreign currency only in those cases if, under the terms of the transaction, the obligation is not only expressed, but also subject to payment in foreign currency (in conventional monetary units) (resolution of the Ninth Arbitration Court of Appeal dated March 11, 2011 N 09AP-2628/2011). However, the court supported the taxpayer, pointing out that the Tax Code of the Russian Federation does not prevent the exercise of the right to apply a tax deduction based on invoices issued in foreign currency (conventional monetary units).

Specialists of the Ministry of Finance of Russia in a letter dated March 24, 2010 N 03-07-09/14, when responding to a request about the legality of indicating in invoices amounts in foreign currency or in conventional monetary units, if, under the terms of the agreement, payment for goods, works, services, property rights are exercised in rubles in an amount equivalent to a certain amount in foreign currency or in conventional monetary units and the application of tax deductions on the basis of these invoices, they expressed the opinion that Chapter 21 “Value Added Tax” of the Tax Code of the Russian Federation does not contain rules prohibiting the issuance of the above-mentioned invoices - invoices and the application of tax deductions on such invoices.

However, the presence of arbitration practice on this issue still indicates the presence of possible claims from tax authorities to invoices drawn up in foreign currency. Therefore, we recommend that organizations issue invoices in rubles, if necessary, including additional details about the amount in foreign currency.

In the current Rules, the indicator “name of currency” is not included in the invoice.

According to the explanations of the Ministry of Finance of Russia, until the Government of the Russian Federation approves the invoice form, which provides for the indicator “name of currency” and the procedure for filling out this indicator, it is not required to indicate the name of the currency in invoices. However, the provisions of the Tax Code of the Russian Federation do not prohibit the indication of additional information in invoices. Therefore, the indication by taxpayers of the name of the currency in invoices can be considered as providing additional information, which is not a basis for refusing to accept for deduction amounts of value added tax on the basis of such invoices (letter of the Ministry of Finance of Russia dated October 12, 2010 N 03-07- 09/46, dated December 29, 2010 N 03-07-09/55).

In many ways, disputes regarding the possibility of issuing invoices in foreign currency or conventional units were caused by the failure to regulate the issue of changing the size of the tax base for VAT and the corresponding tax deductions in the part related to amount differences in the Tax Code of the Russian Federation.

01/19/2015 - Is it possible to conclude contracts in foreign currency or c.u.?

///// Theme of the day: "Condition about the price in foreign currency or USD in consumer agreements".

///// As in the early 90s of the 20th century, due to the current difficult economic situation, the issue of concluding contracts in which the price is indicated in foreign currency or in conventional monetary units has become relevant for many business entities ( c.u.).

///// It should be noted that, as a general rule, in accordance with Art. 9 of the Federal Law of December 10, 2003 No. 173-FZ (as amended on November 4, 2014) “On Currency Regulation and Currency Control” – currency transactions between residents are prohibited.

///// However, according to clause 3 of Art. 317 of the Civil Code of the Russian Federation, the use of foreign currency, as well as payment documents in foreign currency when settling obligations on the territory of the Russian Federation, is permitted in cases, in the manner and under the conditions determined by law.

///// The main issue of establishing a price in a contract, expressed in foreign currency or in monetary units, is resolved depending on who is the counterparty to the contract: economic entity or consumer.

///// Setting prices in foreign currency or in monetary units. acceptable for contracts to which entrepreneurs are parties, for example, supply contracts, commission contracts, agency contracts.

///// Modern civil legislation determines that payments on the territory of the Russian Federation are carried out in rubles. At the same time, as follows from paragraph 2 of Art. 317 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), a monetary obligation can provide that it is payable in rubles in an amount equivalent to a certain amount in foreign currency or in monetary units.

///// However, it is necessary to agree on the exchange rate of foreign currency or in USD. in relation to the ruble and the moment of its determination. And if the rate is not agreed upon or established by law, the amount payable in rubles is determined at the official rate of the relevant foreign currency on the day of payment.

///// A typical example of the formulation of such a condition:
///// “The goods under this agreement are subject to payment in rubles at a price equivalent to ______________ euros.
The amount to be paid in rubles is determined at the ruble to euro exchange rate established by the Bank of Russia on the day the funds are written off from the buyer’s current account.”

///// As for establishing the condition on the price in foreign currency or cu. in consumer contracts, then such a determination of their price entails the risk of recognizing the price condition as contrary to the Law of the Russian Federation dated 02/07/1992 No. 2300-1 (as amended on 05/05/2014) “On the Protection of Consumer Rights”, since the norm contained in paragraph. 3 p. 2 art. 10 of this Law establishes that information about goods (works, services) must necessarily contain the price in rubles.

///// However, as law enforcement and judicial practice shows, this requirement does not exclude the possibility of establishing the contract price in rubles in an amount equivalent to a certain amount in foreign currency or in monetary units, in the manner provided for in paragraph 2 of Art. 317 Civil Code of the Russian Federation.

///// So, the ruling of the Moscow City Court dated June 22, 2010 in case No. 33-15931 is interesting. The Judicial Collegium for Civil Cases of the Moscow City Court, when considering the case on a cassation appeal against the decision of the Khamovnichesky District Court of Moscow dated December 10, 2009, proceeded from the fact that, according to Art. Art. 421, 422 of the Civil Code of the Russian Federation, citizens and legal entities are free to enter into an agreement. The agreement must comply with the rules obligatory for the parties, established by law and other legal acts (imperative norms) in force at the time of its conclusion.

///// In accordance with Art. 317 of the Civil Code of the Russian Federation, a monetary obligation may provide that it is payable in rubles in an amount equivalent to a certain amount in foreign currency or in conventional monetary units (ecus, “special drawing rights”, etc.).

///// In this case, the amount payable in rubles is determined at the official exchange rate of the relevant currency or conventional monetary units on the day of payment, unless a different rate or another date for its determination is established by law or by agreement of the parties.

///// Thus, the Judicial Collegium for Civil Cases of the Moscow City Court came to the conclusion that the claim to change the terms of the contract for the sale and purchase of a vehicle was rightfully refused, since the plaintiff’s arguments that the terms of the agreement to pay for goods in rubles at the rate of the Bank of Russia on the day of payment contradict the requirements of the Law of the Russian Federation "On the Protection of Consumer Rights" and violate its rights, are unreasonable and based on an incorrect interpretation of the law, while the parties at the conclusion of the contract were free to enter into it and agreed to set the price goods.

///// It should be noted that the position of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare is similar (see: Information from Rospotrebnadzor dated December 17, 2014 “On indicating the price of goods in conventional units”).

///// Thus, regarding consumer contracts, then determining their price in currency (cu) may entail the risk of the price condition being recognized as contrary to consumer protection legislation.

///// Review prepared by the company