In accounting, reflect the payment of the bank commission for performing the functions of a currency control agent with the allocated amount of VAT using the following entries:
Debit 76 Credit 51 – bank commission paid;
Debit 91-2 Credit 76 – reflected in other expenses are the costs of paying bank commissions (excluding VAT);
Debit 19 Credit 76 – VAT charged by the bank on the bank commission for performing the functions of a currency control agent is taken into account;
Debit 68 Credit 19 – VAT presented by the bank is accepted for deduction based on the issued invoice.
In tax accounting, deduct VAT in the general manner, and take into account the amount of the commission as part of other or non-operating expenses.
Rationale
Can a bank issue an invoice in foreign currency for performing the functions of a currency control agent? The cost of services is expressed in foreign currency and is debited in rubles from the organization’s ruble account
No, he can not.
An invoice can be issued in a foreign currency in the only case: if the cost of services under the contract is expressed in foreign currency, and settlements under this contract are also carried out in foreign currency. When the cost of services is estimated in foreign currency, and these services are paid in rubles, then in line 7 of the invoice the contractor must indicate the name of the currency: “Russian ruble, 643”. This follows from the provisions of paragraph 7 of Article 169 of the Tax Code of the Russian Federation and subparagraph “m” of paragraph 1 of Appendix 1 to. Similar clarifications are contained in letters of the Ministry of Finance of Russia dated July 6, 2012 No. 03-07-15/70 and the Federal Tax Service of Russia dated September 12, 2012 No. AS-4-3/15209 (the documents are posted on the official website of the Federal Tax Service of Russia in the section “Explanations , mandatory for use by tax authorities").
The above requirements are the same for all taxpayers selling goods (work, services) in Russia. There are no exceptions for banks providing currency control agent services.
Currency control services (checking compliance with currency legislation when making currency transactions) do not relate to banking operations and are therefore subject to VAT. This follows from the provisions of the Law of December 10, 2003 No. 173-FZ, the Law of December 2, 1990 No. 395-1, subparagraph 3 of paragraph 3 of Article 149 of the Tax Code of the Russian Federation and is confirmed by paragraph 9 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated May 31, 1999 No. 41, letter of the Federal Tax Service of Russia dated May 17, 2005 No. MM-6-03/404.
When selling services subject to VAT, the contractor (bank) is obliged to issue an invoice to the customer, in which the mandatory details must be filled in (clause, article 169 of the Tax Code of the Russian Federation). One of these details is the name of the currency (subclause 6.1, clause 5, article 169 of the Tax Code of the Russian Federation). In this situation, the bank determines the cost of its services in foreign currency, and charges payment for these services in rubles. Therefore, line 7 of the invoice must indicate the name of the currency: “Russian ruble, 643.”
If the bank nevertheless presented your organization with an invoice in which it indicated the amount of VAT in foreign currency, then such a document is considered to be drawn up in violation of legal requirements. Tax cannot be deducted on this basis.
To avoid refusal to deduct VAT, do not register an invoice with an error in specifying the currency in the purchase book (clause 3 of section II of appendix 4 to Decree of the Government of the Russian Federation of December 26, 2011 No. 1137). Request the bank's accounting department to send you a corrected invoice to replace the erroneous one.
2. From the recommendation of Oleg Khoroshiy,
How to reflect payment of bank expenses in accounting
In accounting, reflect the costs associated with paying for banking services as part of other expenses (clause 11 of PBU 10/99). Depending on the terms of the contract on the date of recognition of expenses, make the following entry:
Debit 91-2 Credit 76 (60)
– expenses for paying for bank services (bank commission) are reflected.
Reflect the actual debiting of the amount of expenses from the current account by posting:
Debit 76 (60) Credit 51
– paid for bank services (bank commission written off).
The same procedure takes into account the costs associated with the installation and maintenance of the Bank-Client system (clause 18 of PBU 10/99).
For organizations that have the right to conduct accounting in a simplified form, a special procedure for accounting for expenses is provided (Part, Article 6 of the Law of December 6, 2011 No. 402-FZ).
There are also features in accounting for this type of banking expenses, such as interest on loans provided to organizations. For example, interest on a loan raised for the acquisition (construction) of investment assets, as a general rule, must be included in their initial cost. Organizations that have the right to keep accounting in a simplified form can include all interest on loans and borrowings as other expenses.
From the recommendation of Oleg Khoroshiy, Head of the Department of Profit Taxation of Organizations of the Department of Tax and Customs Tariff Policy of the Ministry of Finance of Russia
How to reflect payment of bank expenses for tax purposes. The organization applies a general taxation system
Current issues regarding compliance with the requirements of Bank of Russia Instruction No. 181-I dated August 16, 2017 “On the procedure for residents and non-residents to submit supporting documents and information to authorized banks when carrying out currency transactions, on uniform forms of accounting and reporting on currency transactions, the procedure and timing of their submission” (hereinafter referred to as Instruction No. 181-I):
In accordance with the requirements of Instruction No. 181-I, when performing a transaction (in Russian currency or in foreign currency) under a contract, the amount of which is the equivalent of more than 200 thousand rubles, but less than the “threshold” amount for registering the contract, the resident must provide documents related to the operation being carried out to the authorized bank. In this case, to make a payment in Russian currency, a settlement document for the transaction is provided, filled out in accordance with clause 2.13 of Instruction No. 181-I and containing information about the transaction type code in accordance with Appendix 1 to the Instructions. To conduct a transaction in foreign currency, we also recommend that you additionally provide the completed form “Information on the currency transaction.” This form is posted on the Bank's website and in remote service systems.
Residents are not required to take any action on contracts for which PS were previously issued. All such contracts/loan agreements from 03/01/2018 are considered registered with an authorized bank. The PS number becomes a unique contract/loan agreement number (UNK).
Instruction No. 181-I does not provide for the provision by residents to the Bank of documents on crediting Russian currency under contracts that do not require their registration. Exception: if a resident disagrees with the transaction type code specified in the settlement document, or in the absence of a code in the settlement document, the resident has the right to submit to the Bank information about the corresponding transaction type code with attached documents to justify it.
According to clause 2) part 1.1 of Article 19 of Federal Law 173-FZ, when carrying out foreign trade activities, residents are required to provide to the authorized bank information not only on the timing of the return of the advance in accordance with the terms of the contract in the event of failure to fulfill obligations, but also on the timing of the fulfillment of the main obligations of the non-resident under the contract on account of the previously paid advance. In Clause 1.1. Appendix 3 to Instruction No. 181-I specifies the procedure for determining (calculating) each of these deadlines.
According to clause 8.7 of Instruction 181-I, when changing the information contained in the certificate of supporting documents (SPD) accepted by the management bank, incl. information about the expected period, the resident, no later than 15 working days after the date of execution of documents confirming such changes, must submit to the management bank a new SPD containing the corrected information, accompanied by documents confirming such changes.
To transfer to the Bank to service a contract (loan agreement) previously registered with another authorized bank, the resident must provide information about the unique contract/loan agreement number (UCN), as well as the contract (loan agreement) or an extract from such a contract (loan agreement). agreement), containing the information necessary to fill out Section I of the Banking Control Statement under the contract/loan agreement.
In order for the “new” bank to send a request to the Bank of Russia, information about the date and basis for deregistration of the contract/loan agreement in the “former” bank is required.
In the event of a change in information about a resident who has registered a contract (loan agreement), the resident must submit to the Bank an application to amend Section I of the Banking Control Statement, drawn up in accordance with the requirements of clause 7.2 of Instruction No. 181-I, indicating those details , which require changes in the bank control statement.
The application form recommended by the Bank is posted on the Bank’s website and implemented in remote service systems.
The application is submitted by the resident no later than thirty working days after the date of making the relevant changes to the unified state register of legal entities, or to the unified state register of individual entrepreneurs, or to the register of notaries and persons who have passed the qualification exam, or to the register of lawyers of a constituent entity of the Russian Federation.
The Bank has developed and offers for use the following documents for the purposes of currency control, within the framework of fulfilling the requirements of Instruction No. 181-I: - Application for registration of the contract; - Application for registration of the loan agreement; - Application for amendments to section I of the Banking Control Statement; - Application for deregistration of the contract (loan agreement); - Information about the currency transaction. Document forms, as well as the procedure for filling them out, are posted on the website www.. This information is also present in the “Small Business” and “Large Business” sections.
For ex-VTB24 clients - on the website www.vtb24.ru -> Business -> Settlement services -> Foreign trade activities and currency control -> Currency control.
The same resources contain the form of a certificate of supporting documents (established by Appendix 6 to Instruction No. 181-I) and the procedure for filling it out.
Also, updated document forms for currency control purposes are implemented in remote service systems (they may differ from the forms posted on the website).
According to Chapter 4 of Instruction No. 181-I, a contract (loan agreement) concluded between a resident and a non-resident is registered in the following cases: Export (Import) contract providing for the export (import) of goods from the Russian Federation (to the Russian Federation), fulfilled by a resident (non-resident ) works, provision of services by a resident (non-resident), transfer by a resident (non-resident) of information and results of intellectual activity, provision by a resident (non-resident) of services related to the sale of fuel and lubricants and material and technical supplies to ensure the operation of vehicles, transfer by a resident (non-resident) of movable or real estate for lease, financial lease - if the amount of obligations is equal to or exceeds the equivalent at the Bank of Russia exchange rate on the date of conclusion of the contract, or on the date of conclusion of the latest changes (additions) providing for a change in the amount of the contract, under the Export Contract - 6 million Russian rubles or under the Import contract - 3 million Russian rubles.
Credit agreement (loan agreement) - if the amount of borrowed funds provided (received) by a resident is equal to or exceeds the equivalent of 3 million Russian rubles at the Bank of Russia exchange rate on the date of concluding the loan agreement, or on the date of concluding the latest changes (additions) providing for changes in the amount of the loan agreement.
A resident who is a party to a contract (loan agreement) must register it within the following time frame (clause 5.7 of Instruction No. 181-I):
1) When writing off funds (hereinafter - DS) in favor of a non-resident - no later than the date of submission of the order to write off funds.
2) When crediting a DS from a non-resident - no later than 15 working days after the date of crediting the funds to the resident’s account.
3) When making settlements with a non-resident through a resident’s account opened with a non-resident bank - no later than 30 working days after the end of the month in which the specified operation was carried out.
4) When fulfilling obligations under a contract through the import into the Russian Federation (export from the Russian Federation) of goods and if there is a requirement for customs declaration of goods - no later than the date of submission of the DT, a document used as DT, an application for conditional release (application for the release of a component of the exported goods ).
5) When fulfilling obligations under a contract by importing goods into the Russian Federation (exporting from the Russian Federation) and in the absence of a requirement for customs declaration - no later than 15 working days after the end of the month in which supporting documents (hereinafter - PD) were issued.
6) When fulfilling obligations under a contract by performing work, providing services, transferring information and results of intellectual activity, including exclusive rights to them, no later than 15 working days after the end of the month in which the PD was issued.
7) When fulfilling obligations under a contract (loan agreement) in a manner different from those specified in paragraphs 1 - 6 - no later than 15 working days after the end of the month in which the PD was issued. 8) If the contract (loan agreement) does not determine the amount of obligations:
no later than the deadline for the resident to submit documents related to operations, no later than the date of submission of documents for customs clearance of goods or the deadline for submitting a certificate of PD in the event of other fulfillment of obligations under the contract (loan agreement) when carrying out that operation, customs clearance of that consignment of goods , other fulfillment of obligations, as a result of which the amount of settlements under the contract (loan agreement), the cost of goods under the contract, the amount of obligations under the contract (loan agreement) will be equal to or exceed the threshold value for registering the contract (loan agreement).
From 03/01/2018, the number of the transaction passport (PS) previously issued under the contract (loan agreement) becomes a unique contract/loan agreement number (UNK).
The certificate of supporting documents (hereinafter referred to as SPD) continues to be used under the conditions of Instruction No. 181-I and is a unified form of accounting and reporting on foreign exchange transactions of residents (clause 1.3 of Chapter 1). Cases, procedure and terms for providing SPD are regulated by Ch. 8 Instructions No. 181-I. The form and procedure for filling out the SPD are established by Appendix 6 to Instruction No. 181-I.
Please note that Article 15.25 of the Code of Administrative Offenses establishes liability for violation of the deadlines for providing SPD.
As of March 1, 2018, the requirement for residents to submit a certificate of foreign exchange transactions to an authorized bank has been abolished.
In accordance with Instruction No. 181-I, the resident is obliged or has the right to provide documents related to the operation being carried out.
If there is a requirement to provide information about the transaction (UK, transaction type code, expected term), this information can be provided both in a free format and in the form “Information on the currency transaction” recommended by the Bank (for the efficiency of control on the Bank’s side).
No. 14 Is it enough to send to the Bank only a transfer application indicating the basis for the payment and details of the agreement with a non-resident, the amount of which is less than or equal to the equivalent of 200,000 rubles, to execute a payment in foreign currency?No, such a transfer application is not enough.
According to clause 2.7 of Instruction No. 181-I, when debiting foreign currency from a current account in foreign currency, the resident in the situation under consideration must provide the authorized bank with information about the transaction type code corresponding to the name of the transaction from Appendix 1 to Instruction No. 181-I.
A resident can use the “Information on Currency Transaction” form to submit to VTB Bank (PJSC) or provide information in any form on paper or via the remote banking system. In any case, information about a currency transaction or other message from the client must contain an indication that the amount of the agreement with a non-resident does not exceed the equivalent of 200,000 rubles, and therefore documents related to the operation are not provided.
No. 15 Can the presence of a validity period in a foreign trade agreement be considered sufficient to fulfill the requirements of Federal Law No. 173-FZ on including in the contract information about the deadlines for the fulfillment of obligations by the parties (come into force on May 14, 2018), or should the deadlines for fulfillment be established separately?In our opinion, having a contract validity period is not enough.
According to Part 1.1 of Article 19 of Federal Law No. 173-FZ, in order to fulfill the requirement for the repatriation of foreign currency and the currency of the Russian Federation, agreements concluded between residents and non-residents for the purpose of carrying out foreign trade activities must indicate the deadlines for the parties to fulfill their obligations under the agreements. The duration of the contract may also include, for example, a guarantee period, a period for filing possible claims after fulfillment of obligations, or other additional periods not related to control over the period of repatriation of funds under foreign trade contracts.
Dear Clients,
On the official website of the Central Bank of the Russian Federation on September 20, 2018, the Bank of Russia Directive No. 4855-U dated July 5, 2018 was published on amendments to the Bank of Russia Instruction No. 181-I dated August 16, 2017 “On the procedure for residents and non-residents to submit supporting documents and information to authorized banks when carrying out currency transactions, on uniform forms of accounting and reporting on currency transactions, the procedure and deadlines for their submission.”
In accordance with paragraph 2 of the Directive, it comes into force 60 days after the day of its official publication, that is, from November 20, 2018.
The full text of the Directive can be found on the official website of the Bank of Russia on the Internet (www.cbr.ru) and in the information and legal system “Consultant”.
By signing a contract with a non-resident, for example, for the supply of goods, for the provision of advertising services, an agency agreement, etc., the organization automatically becomes a participant in a foreign economic transaction. In this case, settlements under the contract with a non-resident in cash are impossible.
Within the framework of Russian currency legislation, settlements for foreign economic transactions must occur only through authorized banks in non-cash form. It is at this stage that the organization is obliged to undergo currency control for legal entities at the bank performing the functions of a currency control agent.
In this article we will look at: the procedure and sequence for conducting currency control by a bank, what documents need to be provided to the bank for currency control, consider liability for violating the terms of currency control, as well as what changes in currency legislation came into force in 2018.
1. The main legislative framework for currency control for legal entities
2. Currency control for legal entities
3. Russian currency control authorities
4. Mandatory actual deadlines and what to do if they are missed
5. Changes to the law on currency control
6. Documents to the bank for currency control
7. Registration of the contract by an authorized bank
8. Providing information on supporting documents
9. Responsibility for violation of currency control terms
So, let's go in order.
The main regulatory documents governing the implementation of currency control by banks are:
These are the three main regulatory documents in the field of currency legislation that underwent significant changes in 2018. Since ignorance of the law does not exempt you from responsibility, let's take a closer look at the above regulations and liability for their violation.
An exhaustive list of transactions that are subject to such control is indicated in Part 9 of Article 1 of Law No. 173-FZ. Among them:
Before talking about changes and current rules, we will identify the parties that interact during currency control.
In general, the logic of currency legislation for legal entities is as follows: if something came to the Russian Federation (goods, services, funds), but the equivalent specified in the contract (goods, services, funds) did not leave the Russian Federation, then Administrative liability does not apply to residents.
For example, a resident imported goods from a European country, but did not pay for the goods within the terms established by the contract. Administrative liability will not be applied to the resident. The logic is clear - the country has not lost anything, right? Besides business reputation, of course...
If, on the contrary, something has left the Russian Federation (goods, services, money), then the equivalent specified in the contract (goods, services, money) must come in return. If in this case the equivalent does not arrive, then the resident bears administrative responsibility under Art. 15.25 Code of Administrative Offences. Because there are direct losses for the country.
Currency control authorities impose an administrative fine on residents participating in foreign economic transactions. Russian currency control authorities include:
Information about violations of currency control deadlines is received by customs and tax authorities from banks. Accordingly, if a resident organization violated the repatriation deadlines for importing goods, then an administrative fine should be expected from the customs authorities. If a resident organization violated the repatriation deadlines for the “import” of services, then an administrative fine should be expected from the tax authorities.
An important change was made to Federal Law No. 173-FZ from May 14, 2018:
If the organization understands that the deadlines are approaching, and the non-resident supplier is in no hurry to deliver the goods for which the organization has made an advance payment (for import) and is delaying payment (for export), then the organization must sign an additional agreement to postpone the delivery date (for import) or payment goods (for export) at a later date. The date of the agreement must be before the date of delivery of the goods (for import) and payment for the goods (for export).
When services are not provided or goods are not delivered and the organization understands that the deadline for returning the advance is approaching, and the non-resident supplier is in no hurry to return the funds, then the organization needs to sign an additional agreement to defer the return of the advance to a later date. The date of this agreement must be before the advance repayment deadline specified in the contract.
In the case of provision of services under a contract with a non-resident, a situation may arise when the non-resident delays signing the certificate of completion of work or delays payment for services provided. Then, when receiving a certificate of completion of work from a non-resident, the organization signs it with the current date.
For example, an organization received a certificate of completion of work for March 2018 from a non-resident organization only on 05/22/2018: the organization signs the certificate of completion of work and sets the signing date to 05/22/2018 and provides the bank with a Certificate of supporting documents no later than 06/25/2018 (no later than 15 working days after the month in which the services were provided).
If these rules are followed, the organization will not be held administratively liable under Art. 15.25 Code of Administrative Offenses, part 4.5.
So, you already know the first change, this is the mandatory indication of the actual expected deadlines in the contact. Let's talk in more detail about what other changes currency control has undergone for legal entities in accordance with Instruction of the Central Bank of the Russian Federation No. 181-I in the procedure for interaction with banks when carrying out foreign exchange transactions.
The certificate on currency transactions has been canceled since March 1, 2018, and now it is no longer available. But these changes did not affect the Certificate of Supporting Documents. The deadline for its provision remains the same. Please note that the Certificate of Supporting Documents in the “new” Instruction No. 181-I, just like in the “old” one, is called a form of accounting and reporting on currency transactions.
A certificate of supporting documents is provided to the bank only if the contract with a non-resident is subject to registration with the bank and is assigned a unique number, which is similar to the “old” Instruction in the case of registration of the Transaction Passport before 03/01/2018.
| Instruction No. 138-I
until 02/28/2018 |
Instruction No. 181-I
from 03/01/2018 |
| Impact of the contract amount on currency control for legal entities | |
| Transaction passport (if the amount of obligations is equal to or exceeds the equivalent of 50,000 US dollars on the date of its conclusion) | A contact is registered and assigned a unique number (read more about this below) |
| The process of transferring a contract to a bank | |
| A transaction passport was required, for which the contract itself had to be submitted to the bank | The transaction passport has been cancelled, and the bank has registered the contracts. In some cases the contract may be awarded at a later date |
| Certificate of foreign exchange transactions | |
| When making a transaction for an amount over $1,000, it was necessary to: submit documents confirming its necessity to the bank; submit a certificate of currency transactions; | When making a transaction of 200 thousand rubles and above, he transfers to the bank: documents that explain the completed transaction. The certificate of currency transactions has been cancelled. |
| Certificate of supporting documents | |
| If the transaction took place, then the bank demanded an SPD. | If the transaction has taken place, residents and non-residents provide the bank with information about the type of transaction code. SPD takes the form of a unified form of accounting and reporting on foreign exchange transactions |
| The procedure for transferring a contract to another bank | |
| A currency control statement (CSC) from the organization was required | The bank itself deals with VVC |
| Reasons why a bank has the right not to conduct a foreign exchange transaction | |
| Incorrect or missing documentation. Suspicion of money laundering. |
The obligation of organizations to note the dates of execution of the contract in the contract. Their absence is a reason to refuse to conduct a currency transaction. |
As mentioned above, a transaction passport is not currently being drawn up. Instead, another duty appeared - register the contract, after which the bank will assign it a unique number. This is done in the following cases:
Also from 03/01/2018, if funds received within the framework of one contract do not exceed RUB 200,000.00. in equivalent, you don’t need to provide anything to the bank except the currency transaction code.
The ruble equivalent of the currency value of the contract is calculated at the official exchange rate on the date of its conclusion.
If funds are received under one contract:
then documents are provided in agreement with the bank that explain the transaction.
For resident-exporters it is established simplified procedure for registering contracts based on information about the export contract. If the resident exporter provided only information to register the export contract, the export contract must be submitted to the Bank no later than 15 working days after the date of registration of the export contract by the Bank.
To register a contract with a bank, you need to send a contact or general information about the contract to the bank.
The resident is obliged to register the contract with the bank within the following terms:
| when crediting foreign currency or Russian currency to a resident’s account; | no later than 15 working days after the date of enrollment; |
| when writing off foreign currency or Russian currency; | before carrying out a currency transaction (transfer of funds); |
| when importing/exporting goods for which there are declaration requirements; | no later than the date of filing the customs declaration; |
| when importing/exporting goods for which there is no declaration requirement; | no later than 15 working days after the month in which the goods were imported; |
| when providing services for transferring information and results of intellectual activity; | no later than 15 working days after the month in which the services were provided; |
| Making changes to a registered contract; | |
| Changing the resident’s data (legal address, name) within the framework of a registered contract; | application for amendments - no later than 15 working days after the date of registration of documents; |
After the resident organization provides documents for registering the contract, the authorized bank opens for this contract Banking control sheet and assigns a unique number to the contract.
The term for registering the contract with the bank is 1 business day. The period for providing a unique number by the bank to a resident is 1 business day. Total: within two working days after submitting all documents, the contract is registered with an authorized bank and assigned a unique number, of which the bank notifies the organization in a manner agreed upon with the bank. In most cases, this happens via messaging through the client bank.
When transferring a service contract to another bank, residents do not receive the control sheet in person. It is now underway electronic. If, for some reason, the new authorized bank does not have a Banking Control Statement, the contract will not be registered. In this case, you must contact the Central Bank of the Russian Federation.
If a contract with a non-resident is subject to accounting in a bank, then it is also necessary to draw up certificate of supporting documents. A certificate of supporting documents is a type of unified form of accounting and reporting of currency settlements, which is compiled by a resident of the Russian Federation. Its form is OKUD 0406010. It was approved by Appendix 6 to Bank of Russia Instruction No. 181-I dated August 16, 2017.
The certificate is not issued residents who have entered into a contract for an amount not exceeding RUB 6,000,000.00 for export and RUB 3,000,000 for import. Also, providing certificates of supporting documents is not necessary for periodic fixed payments.
Along with the certificate, the following documents are sent to the bank: the supporting documents themselves. The list of documents that confirm the fulfillment of the resident’s obligations under the transaction is contained in paragraphs 9.1.1–9.1.4 of the Instructions and is determined taking into account the content and features of the specific commercial transaction.
So, when importing (exporting) goods supporting documents are customs declaration (or application for conditional release), as well as commercial, shipping, transportation or other similar documents. When performing work or providing services, acceptance certificates, invoices, accounting and other papers will serve as confirmation. If you are interested in separate accounting.
Certificate and documents must be provided on time no later than 15 working days after the month in which:
Clause 9.4 of the Instructions allows the organization to enter into an agreement according to which the responsibility for preparing the SPD will be assigned to the servicing bank. Then the organization submits supporting documents and an application for a certificate.
Typically, the certificate is filled out and submitted via Internet banking or client-bank electronically. The bank will check it within 3 working days after its submission (if the certificate is issued for a goods declaration, then within 10 working days). The accepted certificate is sent to the organization no later than 2 business days after the date of its acceptance (the date of acceptance is indicated in the certificate).
If changes are made to the supporting documents, the certificate is filled out again and sent to the bank within 15 business days after the changes are made.
For violation of currency control terms and other non-compliance with the law, liability is provided under the Code of Administrative Offenses.
a fine is provided in the amount of:
a fine is provided in the amount of:
In general, changes to the law on currency control are intended, according to the Central Bank of the Russian Federation:
— liberalize existing exchange control requirements;
— reduce the burden on residents in terms of processing currency control documents;
— reduce the grounds for bringing residents to administrative liability;
— simplification of the mechanism of interaction between residents and banks;
What do you think? Has the “new” Instruction of the Central Bank of the Russian Federation really simplified currency control for legal entities?
Currency control for legal entities: passage and documents
The following entries will be made in accounting:
Debit 91-2 Credit 76 (60)
Debit 76 (60) Credit 51
In tax accounting, include the bank commission as part of non-operating expenses (subclause 15, clause 1, article 265 of the Tax Code of the Russian Federation).
No further action is required, and no special notifications are submitted to the tax office.
The rationale for this position is given below in the materials of the Glavbukh System vip version
Depending on the type of transactions performed, the relationship between the bank and the organization (client) can be regulated:
Within the framework of concluded agreements, banks have the right:
A complete list of banking operations is given in Article 5 of the Law of December 2, 1990 No. 395-1.
For servicing organizations, banks charge them a fee (commission) in accordance with the terms of the concluded agreements. The bank debits the payment for its services from the organization’s account and issues a bank order. Such a write-off can be carried out with prior consent (acceptance) and without the consent of the payer (clause 9.3 of the Regulations approved by the Bank of Russia on June 19, 2012 No. 383-P).*
In accounting, reflect the costs associated with paying for banking services as part of other expenses (clause 11 of PBU 10/99). Depending on the terms of the contract on the date of recognition of expenses, make the following entry:
Debit 91-2 Credit 76 (60)
– expenses for paying for bank services (bank commission) are reflected.
Reflect the actual debiting of the amount of expenses from the current account by posting:
Debit 76 (60) Credit 51
– paid for bank services (bank commission written off).
The same procedure takes into account the costs associated with the installation and maintenance of the “Bank-Client” system (clause 18 of PBU 10/99).
There are also features in accounting for this type of banking expenses, such as interest on loans provided to organizations. For example, interest on a loan raised for the acquisition (construction) of investment assets, as a general rule, must be included in their initial cost. Small businesses (except for issuers of publicly offered securities) may include all interest on loans and borrowings (including those raised for the purchase, construction or creation of investment assets) as part of other expenses.
Oleg Good,
State Advisor to the Tax Service of the Russian Federation, III rank
When calculating income tax, expenses for banking services can be taken into account in two ways:
– as part of other expenses associated with production and sales (subclause 25, clause 1, article 264 of the Tax Code of the Russian Federation);
– as part of non-operating expenses (subclause 15, clause 1, article 265 of the Tax Code of the Russian Federation).*
The tax legislation does not establish a procedure for classifying such expenses. Therefore, an organization can develop it independently (clause 4 of article 252 of the Tax Code of the Russian Federation). This conclusion is confirmed by letters from the Ministry of Finance of Russia dated April 20, 2009 No. 03-03-06/2/88, dated March 2, 2006 No. 03-03-04/1/167 and resolutions of the FAS
Foreign exchange transactions are carried out by the enterprise on foreign currency accounts, the number of which is not limited, however, they can be opened only in authorized banks. The procedure for opening a foreign currency account is similar to the procedure for opening a current account, including the mandatory submission of a package of documents to the bank. Based on them, the bank will open 2 accounts for the company:
− current currency account– to account for the currency at the disposal of the enterprise;
− transit currency account– for crediting currency and conducting a number of foreign exchange transactions, for example, for crediting the account of currency received from the founder as a contribution to the authorized capital, for paying export customs duties, etc.
− special transit currency account– to account for currency purchased on the domestic foreign exchange market.
The bank informs the company about all transactions performed in a statement in two currencies: foreign and ruble equivalent.
RUBLE EQUIVALENT – this is the amount of foreign currency converted into rublesat the exchange rate of the Central Bank of the Russian Federation on the day of the transaction.
Accounting for foreign exchange opera tions is regulated by PBU 03/2006 “Accounting for assets and liabilities, the value of which is expressed in foreign currency” and is organized on account 52 “Currency accounts” (A), to which sub-accounts can be opened:
52-1 “Current foreign currency account”;
52-2 “Transit currency account”;
52-3 “Special transit currency account”.
Regardless of the type of currencies used accounting of currency transactions is carried out in rubles, Therefore, assets and liabilities whose value is denominated in foreign currency must be laneeread in rubles by official course.
| When is the recalculation carried out? | What is being recalculated |
| 1. On the date of commission operations in foreign currency |
a) the value of the Criminal Code (80); b) the cost of acquired fixed assets and intangible assets (08), materials (10), goods (41); |
| 2. As of the date of compilation reporting |
Cost of funds:
− cash currency and monetary documents (50), − funds in bank accounts (52, 55), − funds in settlements (60, 62, 71, 73, 75, 76), − short-term financial investments (58), − borrowed funds (66, 67), loans provided (58), − balances of target financing funds in foreign currency (86). |
| 3. As exchange rates change (if necessary) | Cash currency and funds in bank accounts |
The official ruble exchange rate changes over time. For this reason, accounting problems may arise. exchange rate differences (KR): positive and negative. If the exchange rate has increased, then on actiVnykh positive coefficients appear in the accounts, and on passive− negative. If the exchange rate has decreased, then vice versa.
Sum positive CR included in other income:
D 50 (52, 60, 62, 66.
. .) – a) positive CR is reflected
K 91 b) the amount of positive CR is included in other income
Sum negative KR included in other expenses:
D 91 – negative CR reflected
K 50 (52, 60, 62...)
An exception to the accounting procedure for the Kyrgyz Republic is the accounting of exchange rate differences arising in settlements with founders when the contribution of a non-resident founder is declared in foreign currency. In this case, the resulting CDs are attributed to the change in additional capital. For example,
D 75 – the additional capital of the enterprise is increased by the amount of positive CR
EXAMPLE.
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The selected image should:
The downloaded, converted or designed image is placed in the root folder of the site. Then in the head code you need to add a link to the favicon of the form .
If an ICO file is used, then the type specifies image/x-icon or image/vnd.microsoft.icon.
For the Internet Explorer browser, a special link is used, where at the beginning there will be link rel="shortcut icon".
Separate entries may also be required for correct display on mobile devices, for example rel="apple-touch-icon".
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To correctly account for transactions with foreign currency, sub-accounts should be opened for account 52:
52-1 "Currency accounts within the country";
52-2 "Currency accounts abroad."
In addition, it is advisable to open second-order subaccounts for subaccount 52-1:
— 52-1-1 “Current foreign currency account”;
— 52-1-2 "Transit currency account";
— 52-1-3 "Special bank account".
The company has the right to open accounts in various currencies (US dollars, euros, etc.). In this case, it is better to record transactions for each type of currency in separate sub-accounts.
You have to pay a commission for the bank's account servicing services. The amount of the commission is established by mutual agreement between the bank and the client in the agreement for settlement and cash services. Payment can be made both in rubles and in foreign currency.
The commission can be withheld:
— bank of a Russian organization;
- a bank of a foreign company.
The commission is retained by the bank of the Russian organization
If the commission is retained by the bank of a Russian organization, the proceeds from the foreign company are received in the amount specified in the contract.
Expenses associated with paying for bank services are reflected in the following entries:
Debit 60 (76) Credit 51 (52)
— the commission was written off based on the bank statement;
Credit 60 (76)
— the amount of the commission is taken into account as part of other expenses.
Example 1. JSC "Mir" entered into an agreement for the sale of products with an American company in the amount of $20,000. The proceeds were transferred to the foreign exchange account of Mir CJSC in March 2006.
The bank commission amount is USD 200. Let's assume that the US dollar exchange rate on the date the commission was written off was 27.6 rubles/USD. The accountant of Mir CJSC wrote down:
Credit 90 subaccount "Revenue"
— 552,000 rub. (20,000 USD x 27.6 rubles/USD) - proceeds are credited to the transit currency account;
Credit 52 subaccount "Transit currency account"
— 5520 rub. (200 USD x 27.6 rubles/USD) - the commission amount is written off based on the bank statement;
Debit 91 subaccount "Other expenses"
In tax accounting, a company’s expenses for paying for bank services can be taken into account either as expenses associated with production and sales (clause 25, clause 1, article 264 of the Tax Code of the Russian Federation), or as non-operating expenses (clause 15, clause 1, article 265 of the Tax Code) Code of the Russian Federation). An organization has the right to independently determine in its accounting policy which specific group of costs it will include expenses for paying for bank services (clause 4 of Article 252 of the Tax Code of the Russian Federation).
The commission is retained by the bank of the foreign company
The bank of a foreign company can transfer proceeds to the foreign currency account of a Russian exporter, having previously withheld the commission amount from it. In this case, the amount of revenue received will differ from the amount reflected in the contract.
In such a situation, we advise you to stipulate in advance in the contract at whose expense the costs associated with the transfer of proceeds to a foreign currency account will be covered. If the contract stipulates that the costs of transferring the payment are incurred at the expense of the Russian organization, the bank commission is reflected by posting:
Debit 76 Credit 62
— the costs of transferring the payment are reflected.
This entry is made on the basis of a wire or telex message or a Community System for Worldwide Interbank Financial Telecommunications (SWIFT) funds transfer message indicating the amount of the fee withheld.
Example 2. Let's use the condition of the previous example, but with a caveat. Let us assume that, according to the terms of the contract, all costs associated with the transfer of money are paid by Mir CJSC. The American bank commission was also $200.
Thus, 19,800 US dollars (20,000 - 200) were received into the foreign currency account of the Russian company. On the same day, Mir CJSC received documents confirming the payment of a commission to a foreign bank.
The accountant of Mir CJSC made the following entries:
Credit 90 subaccount "Revenue"
— 552,000 rub. (20,000 USD x 27.6 rubles/USD) - revenue from the sale is reflected;
Debit 52 subaccount "Transit currency account"
— 546,480 rub. (USD 19,800 x RUB 27.6/USD)—revenue is credited to the foreign currency account minus the withheld commission;
Debit 76 Credit 62
— 5520 rub. (200 USD x 27.6 rubles/USD) - the commission of an American bank is reflected;
Debit 91 subaccount "Other expenses"
— 5520 rub. — the amount of the commission is taken into account as part of other expenses.
If the contract does not stipulate that the costs of transferring currency to the account of a Russian organization are made at its expense, the amount of the commission will be taken into account as uncollected receivables.
In this case, the Russian company will have to amend the contract and indicate that it is the company that pays the commission to the foreign bank. You will also have to re-issue the transaction passport. In this regard, we once again recommend that you stipulate in advance in the contract which party will cover the costs associated with the transfer of money.
Please note: the amount of VAT that is paid to suppliers and directly relates to the costs of production and sale of exported products can be reimbursed from the budget.
Such compensation is made only after the exporter’s account receives money in payment for the export contract (clause 2, clause 1, article 165 of the Tax Code of the Russian Federation). However, tax inspectors often refuse to refund VAT, citing the fact that the proceeds did not go to the exporter’s account in full, but minus the bank commission. In this case, you have every right to go to court. Courts usually support the position of exporters if, under the terms of the contract, a commission is paid by a Russian company.
Account abroad
Customer Information
Message to Clients
Dear Clients!
We inform you that CJSC Raiffeisenbank (hereinafter referred to as the Bank) has established the following procedure for writing off commissions for performing the functions of a currency control agent:
According to the standard tariffs, which are annex to the bank account agreement, the commission for the bank to perform the functions of a currency control agent is calculated as a certain percentage of the amount of the currency transaction completed under the contract (agreement) for which a transaction passport (hereinafter referred to as the TS) has been opened in our Bank.
However, it is necessary to take into account the specifics of the services provided by the Bank in the field of currency control. The process of providing services of this type consists of checking and signing the PS, certificates of currency transactions, certificates of supporting documents, reflecting information in bank control statements, maintaining a dossier on the PS, advising clients on currency control issues, as well as checking currency transactions for their compliance with the current currency legislation of the Russian Federation (both currency transactions carried out within the framework of the PS, and for which execution of the PS is not required). Thus, the process of the Bank providing services in the field of currency control is continuous and is not limited only to the moment of conducting a currency transaction under the PS.
In accordance with the Tax Code of the Russian Federation (hereinafter referred to as the Tax Code of the Russian Federation), if the provision of services is continuous, commissions must be written off at least once a month, and an invoice must be issued no later than the 5th day of the month following the month of provision of services.
Taking into account the above norms of the Tax Code of the Russian Federation, the commission for performing the functions of a currency control agent and issuing invoices is written off by the Bank on a periodic basis at least once a month on one of the last three working days of the month:
for outgoing payments– for currency transactions carried out within the framework of transaction passports in the reporting period1
by enrollment– for currency transactions identified by PS by submitting a certificate of currency transactions in the reporting period.
We also draw your attention to the fact that if a currency transaction within the framework of the PS was carried out in foreign currency, then since the amount of the commission for performing the functions of a currency control agent is a certain percentage of the payment made, the amount of the client’s obligations to the Bank will also be expressed in foreign currency . Thus, the invoice for this commission will also be issued in a foreign currency - the currency of the obligation. This procedure for issuing invoices fully complies with Decree of the Government of the Russian Federation dated December 26, 2011 No. 1137, which obliges to issue invoices in Russian rubles only if, when selling goods (work, services), property rights, according to the terms of the contract, payment must be made be made only in Russian rubles (in an amount equivalent to a certain amount in foreign currency or in conventional monetary units). Since the bank account agreement concluded between the Bank and the client does not provide for such an obligation, if the transaction under the PS was carried out in foreign currency, invoices are also generated in foreign currency, i.e. in the currency of the obligation.
At the same time, we ask you to note that the commission can be debited both from an account in the currency in which the invoice was issued, and from an account in a different currency.
Additionally, we inform you that the calculation and write-off of commissions for performing the functions of a currency control agent is carried out at the Bank using a specialized software package, which allows you to set one or more write-off accounts as a limit for writing off the commission for the Bank’s performance of the functions of a currency control agent (the commission will be written off only from the specified accounts; if several accounts are specified, the debit will be made from any of them).)
To establish such restrictions, it is necessary to send an official letter to the Bank’s customer service department (on the organization’s letterhead or in the form of a DSF) indicating one or more account numbers to write off the commission for the Bank’s performance of the functions of a currency control agent.
We ask you to note that these restrictions will apply only to those commissions that will be written off after the Bank receives the above application (in this case, the restrictions will only apply to the currency in which the commission is written off, the invoice will still be issued in the currency in which liabilities, that is, including in foreign currency).
We inform you that with 30.10.2013 changes were made to the software package used by the Bank for calculating commissions and issuing invoices, which affected the order of postings for writing off commissions and displaying information about payment of commissions for performing the functions of a currency control agent in the statement of the account from which the payment was made write-off, on the procedure for calculating VAT on the commission amount. The possibility of partial payment of an invoice has also been added (if there are insufficient funds in the accounts for full payment).
If previously (for commissions calculated before 10/30/2013) in the statement of the account from which the commission was written off, two entries were reflected for one invoice: for the total amount of the commission on the invoice and for the total amount of VAT on the invoice, then for commissions accrued from October 30, 2013, more detailed information is reflected in the account statement: a separate line on the statement shows the amount of the commission for each transaction and a separate line - VAT accrued on such a commission (for example, if the invoice includes 7 transactions , then upon full payment of the invoice, the statement will reflect the 14th period: 7 - for commissions and 7 - for the amount of VAT). In this case, for convenience, in the field of the statement “Purpose of the transaction” the invoice number will be indicated, as well as the PS number, the date and amount of the transaction for which the commission was accrued, the amount of the commission written off and the conversion rate (if applicable).
A VAT amount of 18% of the commission amount is charged on each commission included in the invoice. Moreover, if there are several lines in the invoice, then in the line “Total payable” the total VAT on the invoice will be indicated as the result of summing the VAT calculated for each commission separately.
We also ask you to take into account the specifics of recalculating commission amounts and VAT if the write-off is made in a currency different from the invoice currency: conversion into the payment currency is carried out at the official rate established by the Bank of Russia on the date of write-off, for each commission amount and each amount VAT separately (and not on the total invoice amount), with each amount rounded using the mathematical rounding method. For example, if an invoice is issued in a foreign currency, and the debit is made from an account in rubles, then when calculating the amount of debit in rubles, the commission amount in foreign currency is initially calculated, on its basis the VAT amount is calculated, also in foreign currency, then each of amounts are mathematically rounded and multiplied by the official foreign currency to ruble exchange rate established by the Bank of Russia on the date of write-off.
We would also like to draw your attention to the fact that the information about the details of your organization used to fill out the fields of the invoice corresponds to the information officially provided by you to the Bank as part of the constituent and registration documents. Therefore, in case of changes in the details of your organization (for example, legal address, checkpoint, name, etc.), we ask you to promptly send a complete set of documents to register changes in the Bank’s systems and databases, otherwise the Bank, not having updated information, will indicate in the invoice -invoice data is out of date. As a result, the tax office will not be able to accept the invoice data for consideration when crediting VAT.
You can obtain information about the set of documents that must be submitted to the Bank when changing details from the customer service department or from the account manager of your organization.
Let me take this opportunity to thank you for your cooperation with our Bank; we hope that the information contained in this letter will be useful to you.
Sincerely,
Currency control department for legal entities
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