A bank guarantee is a relatively new financial instrument on the domestic market.

Not all accountants know exactly how to act when working with this document. After all, it can be issued, received, delegated, revoked, it may expire, or due to circumstances that have arisen.

Is it necessary to account for bank guarantees, and how can all changes occurring with the obligation be reflected?

In this regard, there are a number of legislative norms that make it possible to accurately reflect changes in financial condition in connection with the receipt (issuance) of a bank guarantee.

How to do accounting when working with financial statements?

Accounting is a system that, in a certain order, collects, registers and summarizes data on the amount of capital of an entrepreneur or organization, its obligations and property turnover and condition. For this purpose, monetary terms are used. Since the object of accounting is obligations and their property (including money), the guarantee obligation is subject to accounting by all parties - participants in the obligation:

• guarantor, which undertakes to provide collateral subject to certain conditions, issuing collateral;
• beneficiary, the main creditor in whose favor the security is issued;
• principal, a debtor who undertakes to adhere to the terms of the contract to the beneficiary, to pay a commission for issuing a bank guarantee and to pay possible debt within a certain time frame.

To maintain accounting records, a posting is used - a record of changes in the characteristics of an object in written or electronic form. To do this, the object is described using parameters that include an accounting account, analytical identifiers, and numerical characteristics that have undergone changes are indicated.

Correct accounting when working with financial statements is the key to competent management of financial assets

In this case, the object is accounted for on the balance sheet of other enterprises, so special off-balance sheet accounts are used to account for it, instead of the usual, dual entries for assets and liabilities.

VAT

Calculating VAT for a tax-registered organization is a serious task for an accountant. Mistakes threaten serious fines from the Federal Tax Service for the organization and for the person responsible. How is VAT calculated when issuing and receiving a bank guarantee?

For transactions with a guarantee (issuance, payment of remuneration, withdrawal, etc.), VAT is not paid. Taxation does not apply to payments for repayment of the loan by the principal.

Thus, both the bank, the principal and the beneficiary are exempt from payments. This aspect is regulated by Federal Law 395-1, equating the issuance to a banking operation.

However, accounting for a bank guarantee also has other features, and accountants of all types of institutions where they have to deal with this type of security must take them into account.

They must be adhered to not only to avoid penalties during tax inspections, but also to obtain a complete picture of your financial condition at every moment of the organization’s activities.

How to make postings to banks?

Bank transactions

From a financial point of view, a bank guarantee is a kind of credit product. It is issued according to the same rules, and it must be taken into account in the accounting records of a financial organization in the same way as loans.

When issuing collateral, the bank internally carries out a number of special operations with funds, which should be reflected in its internal reporting. These include external transactions consisting of receiving commissions from the principal, paying the obligation to the beneficiary with the corresponding release of funds. But there are a number of internal operations for the formation and restoration of reserves, accounting for coverage, etc.

Bank transactions are generated using accounts according to Table 1:

Thus, the bank’s accounting department takes into account absolutely all operations that are carried out with the organization’s funds on internal and external accounts, regarding the specific bank guarantee issued.

State and municipal bodies

All state and municipal bodies are subject to Order No. 157N of the Ministry of Finance, according to which the Unified Chart of Accounts was approved. Account 10 is named “Security for the fulfillment of obligations.” It is specially created to account for property (not money), and other opportunities for obtaining collateral, including a bank guarantee.

Its acceptance for off-balance sheet accounting occurs on the basis of primary documents (invoices or invoices, which are provided along with the document on receipt of security). The amount equal to the received liability is indicated with a “+” sign. If the obligation becomes fulfilled and the guarantor pays part or all of the amount to the beneficiary, the amount is debited from the off-balance sheet account with a “-“ sign.

Return of contract security

There are several collateral return participants. Let's imagine that:

1. A state or municipal institution acted as the customer (beneficiary). Previously received funds can be returned, therefore, upon receipt, they are registered as temporarily received in account 30401 in accordance with instruction 157. If the institution is budgetary, clauses 135 and 136 of instruction No. 174N apply, autonomous - clauses 165 and 166 of instruction No. 183N.
2. If a state or municipal institution is the principal, there is a significant possibility of the obligation moving into the expense column during its validity period. However, the funds will not be used for purchases, repairs, or services. In this regard, they will be reflected in accordance with KOSGU 290. Therefore, it is reasonable to register the amount of the obligation in the form of an advance payment and reflect it in debit account 020691000. If it is necessary to return the money, the operation will be processed as a return of the advance payment.

Accounting for competitive guarantees

By Order of the Ministry of Finance No. 65 dated July 1, 2013, deposits and pledges can become income, reflected in the amounts of forced seizure in accordance with KOSGU 140. But this is possible subject to non-repayment of funds, since in this way the money becomes the income part, and only non-refundable funds can be attributed to it. Therefore, count 10 is used for posting.

In case of loss, accounting for the costs of obtaining guarantees for participation must also be carried out.

You can also use money to participate in competitions, but they cannot be carried out on account 10 according to a letter from the Ministry of Finance №02-07-07/31342.

Accounting for the beneficiary

The principal does not always manage to fully fulfill his promises, and sometimes he has to refuse to fulfill them altogether. Then the solution to the problem for the beneficiary is a guarantor who, in accordance with its obligations, covers losses in an amount not exceeding the amount of the security.

The basis for the transfer of funds by the bank is the written request of the customer with a precise indication of the unfulfilled conditions and the amount that in connection with this must be transferred in accordance with the obligations assumed.

When a guarantee event occurs and funds are transferred from the guarantor to the beneficiary, the latter is obliged to record them as revenue from sales or payment for services. This is consistent because the collateral guaranteed payment.

Sometimes the collateral covered the payment of interest according to the irrevocability of the bank collateral. Then non-operating income is reflected in the form of borrowed interest.

The guarantee is accounted for in account 008, called “Security for obligations and payments received,” which is classified as off-balance sheet in the amount specified in the obligation. As the debt is repaid, funds are gradually written off.

If the organization is on a simplified taxation system, some adjustments are made to the accounting. As for account 008, they work with it in a similar way. However, the customer must receive funds to account 51 “Settlement accounts” and credit account 76 “Settlements with various creditors and debtors”; the transactions are immediately recorded in a special journal (written or electronic). At the same time, the debt is reflected in the debit of accounts 76, 62, 78, subaccount 58-Z, depending on the type of obligation.

Accounting of collateral for the principal

Accounting for a bank guarantee from the principal is accompanied by many inaccuracies on the part of inexperienced accountants. The fact is that it would be a mistake to take into account the collateral on account 008. The funds do not go to this organization, but to the beneficiary, and it is he who will use this account. Account 009 will not work either. It clearly states that its purpose is “Securing obligations and payments issued.” But the bank issued a guarantee. Therefore, the guarantee itself as such remains unaccounted for by the principal.

But to think that accounting is not needed at all is to make another mistake.. Indeed, in this case, the financial statements will have an incorrect picture of the total debt of the organization that has become the principal. Therefore, experts advise conducting two accounts at once, 008 and 009, which will make it possible to maintain the necessary balance.

As for expenses, the bank guarantee will be accounted for in accounting as follows:

1. The costs of issuing security for the purchase of fixed assets must be included in its cost.
2. The costs of a guarantee issued for the purchase of goods or consumables are written off against the cost of purchases in your accounting. For the tax authorities, submit documents for the value of the property, or under the column “other expenses”.
3. Payment for the provision of a bank guarantee for other purposes (deferment of VAT or excise tax, for example) must be taken into account as “other” for the tax authorities to be included in non-operating or related to production and sales expenses.

Important: despite the fact that the commission is paid one-time, it can be scheduled for the entire duration of the guarantee, then it is possible to avoid the possibility of going beyond the art. limit. 269 ​​NK. It is necessary to act in the same way if the guarantee has a validity period longer than one year, which is the reporting period. Otherwise, the connection between expenses and their purpose is lost.

The principal has the right to independently determine the accounting of expenses for remuneration to the bank. The main condition for this is to consolidate the chosen option in the accounting policy for paying taxes. The action is described in paragraph 4 of Article 252 of the Tax Code.

BG inventory

Inventory of bank guarantees occurs depending on the requirements of current legislation and the accounting policies of the enterprise. It is mandatory according to Order of the Ministry of Finance No. 49 dated June 13, 1995 in the case of:

• property is leased, purchased or sold;
• preparation of financial statements for the year, and the guarantee falls under the annual report, unlike many other objects;
• change of person in charge;
• reorganization of a legal entity;
• presence of emergencies;
• identifying various types of abuse.

The register form for the bank guarantee inventory inventory is not unified, and the organization can develop a personal one. The main thing is the presence of the required details and the approval described in the accounting policy:

• name of the register and organization;
• period for maintaining the register;
• describing objects in chronological or systematic order;
• guarantee amount indicating the unit of measurement;
• data of the persons responsible for maintaining it, certified by their signatures.

Responsibility for the entered data lies with the employee who was responsible for signing and entering the data.

When making an inventory, the forms of primary documents are used according to Table 3

It is possible to conduct a voluntary inventory by decision of the organization’s management or its founders.

What entrepreneur or company manager would miss the opportunity to receive a lucrative contract while taking minimal funds out of circulation? It is important for a partnership to be confident in the reliability of its position, which will be confirmed by compensation for losses if they occur.

For banks, issuing guarantee obligations is a source of income with minimal risks. Therefore, bank guarantees are becoming a popular financial instrument. Its correct use includes many nuances, one of which is proper accounting.

Knowledge of legislative subtleties will always help you control your financial condition and at the same time avoid problems with regulatory authorities. This task is assigned to the accountant.

A bank can act as a guarantor of timely repayment of monetary obligations. Due to its high reliability, this financial instrument is used to reduce the risk of non-payment to a minimum. For example, when collecting taxes and customs duties or in the field of procurement under state and municipal contracts.

Companies always take a certain risk when concluding a transaction with a counterparty, because he may refuse to fulfill his obligations. As a result, such a refusal may result in financial losses. To protect themselves, companies use a bank guarantee. Let's take a closer look at what it provides.

Securing a probable obligation

A bank guarantee is a document issued by a bank and addressed to a specific creditor of your company. In it, the bank undertakes to repay the company’s possible debt to the creditor at his request under certain conditions. We are talking about paying the creditor a fixed, pre-agreed amount. The peculiarity of this agreement is that at the time of issuing the bank guarantee, the company’s obligation itself does not yet exist, that is, the creditor is a potential one. Moreover, in the future the debt may not arise.

Example 1 Contracts for state and municipal needs are concluded on the basis of competitions and auctions. Applications of participants must be secured by the deposit of funds or a bank guarantee. If the participant violates the conditions, the customer will use the security funds to compensate for the losses caused to him. Contracts are enforced in similar ways in this area. Details are in the Federal Law of April 5, 2013 No. 44-FZ “On the contract system in the field of procurement in the field of procurement of goods, works, services to meet state and municipal needs.”

So, a bank guarantee is a transaction that involves three parties:

• bank, called “guarantor” (French garant - guarantor);
• the company that has approached the bank with a request for a guarantee, called the “principal” (from the Latin principalis - chief);
• a potential creditor of the company, called the “beneficiary” (from the Latin beneficium - benefit).

The guarantor, at the request of the principal, gives a written obligation to pay the beneficiary a sum of money upon submission by the beneficiary of a written demand for its payment (). The beneficiary must indicate what the principal’s violation of the main obligation to secure which the guarantee was issued () is.

A bank guarantee ensures proper fulfillment by the principal of his monetary obligation to the beneficiary. For issuing a bank guarantee, the principal pays a fee to the guarantor (). It is not subject to VAT ().

Note that the role of a bank guarantee can be played by a letter of guarantee from a bank in which a specific beneficiary is not named (clause 8 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 15, 1998 No. 27).

Warranty or insurance?

Not only a bank, but also an insurance company can act as a guarantor. But the guarantee will still be called a bank guarantee. The payment itself under a bank guarantee resembles the payment of an insurer upon the occurrence of an insured event. This similarity is confirmed by an alternative: in some cases, the company, at its choice, can either provide the counterparty with a bank guarantee or insure its liability to it. Examples:

• Article 17.1 of the Federal Law of November 24, 1996 No. 132-FZ “On the fundamentals of tourism activities in the Russian Federation”;
• Article 121 of the “Code of Inland Water Transport of the Russian Federation” dated March 7, 2001 No. 24-FZ.

What is the difference between a guarantee and insurance? The fact is that the insurer does not have any claims against the insured in connection with the payment of insurance compensation (in the absence of intent). And the guarantor, who has paid for the principal’s obligation, may make recourse claims against him when this is provided for in the agreement between them ().

A bank guarantee is one of the ways to secure obligations (along with a pledge, surety, etc.).

HOW THE PRINCIPAL KEEPS ACCOUNTS

Let's consider the features of accounting and tax accounting in different business situations for the principal company.

Accounting

The cost of a bank guarantee includes the cost of the asset for the purpose of purchasing or creating which it was acquired:

DEBIT 76 CREDIT 51
— remuneration was transferred to the bank for issuing a guarantee;

DEBIT 08, 10, 20, 41, etc. CREDIT 76
— a guarantee of payment under a contract or supply agreement has been received from the bank.

This is a general rule for the formation of the cost of all inventory items.

Example 2 As security for payment obligations for a real estate transaction worth 10 million rubles, the company provided the seller with a bank guarantee. The bank's remuneration for the guarantee is three percent of the transaction amount, that is, 300,000 rubles (10,000,000 rubles x 3%), the guarantee period is one month. The principal company did not make the payment within the period stipulated in the purchase and sale agreement. The bank, which repaid the company's obligation to the beneficiary seller, demanded reimbursement of this amount from it. In this situation, the accountant will make notes: DEBIT 76 CREDIT 51- 300,000 rub. – funds were transferred to the guarantor bank for providing a guarantee; DEBIT 08 CREDIT 76- 300,000 rub. - warranty costs are included in the initial cost of the non-current asset; DEBIT 08 CREDIT 60- 10,000,000 rub. - the property was accepted under the transfer deed (clause 1 of Article 556 of the Civil Code of the Russian Federation); DEBIT 01 CREDIT 08- 10,300,000 rub. – the fixed asset is accepted for accounting; DEBIT 60 CREDIT 76- 10,000,000 rub. – the bank’s recourse claim is recognized; DEBIT 76 CREDIT 51- 10,000,000 rub. – the obligation to the bank has been repaid.

What if the principal’s expenses turned out to be fruitless? Let's say a company provided a bank guarantee to the organizer of a competition, but lost the competition. In this case, no asset arises. The following expenses should be recognized in accounting:

DEBIT 91-2 CREDIT 76
— expenses that did not produce results are written off.

Income tax expenses

The issuance of bank guarantees relates to banking operations (clause 8 of Article 5 of the Federal Law of December 2, 1990 No. 395-1 “On Banks and Banking Activities”).

The classification of expenses depends on the subject of the main transaction

The costs of paying for bank services can be taken into account:

a) as part of other expenses associated with production and sales (subclause 25, clause 1, article 264 of the Tax Code of the Russian Federation);

b) as part of non-operating expenses as costs of carrying out activities not directly related to production and (or) sales ().

In any of the options, the date of expenditure is determined based on.

Which of these articles should you prefer and what will be the difference? The decision must be made based on the essence of the specific situation. Please note that non-operating expenses are recognized at a time in full, that is, they cannot be distributed over time periods. This rule is set in .

This position is not difficult to challenge if the company has fulfilled its obligations to the beneficiary. After all, there was no borrowing, that is, the involvement of the guarantor’s funds in the economic activities of the principal with their subsequent return. What if the guarantor made a payment to the beneficiary and filed a recourse claim against the principal?

Just such a case is presented in example 2. The debt relationship with the bank is obvious. According to interest, any pre-declared (established) income received on a debt obligation of any type is recognized (regardless of the method of its execution). In such circumstances, the remuneration to the bank is “tax” interest on the debt obligations. And this is the third option for classifying expenses - . And the point here is not at all that the remuneration is set as a percentage of the size of the principal’s main obligation.

Example 3 Let's use the conditions of example 2. The company repaid the debt it incurred to the bank in two months. On the date of raising funds from the guarantor bank, the refinancing rate was eight percent. Therefore, as part of income tax expenses, the principal company has the right to take into account only 146,667 rubles (10,000,000 rubles x 8% x 1.1 x 2 months: 12 months).

It turns out that the amount of expense depends on the duration of the debt to the bank. The conclusion suggests itself: the expense can be recognized no earlier than the principal completes settlements for the amount of the obligation specified in the guarantee. The problem is that the Tax Code does not provide for such an approach to determining the date of expenditure. The incorrectness of letter No. 03-03-06/1/7 lies precisely in this...

However, in practice the situation is completely different. As a rule, the guarantee provides that from the moment the money is transferred to the beneficiary until the debt to the bank is repaid, the principal additionally (in addition to the remuneration) pays interest at the agreed rate. The absence of such a condition does not encourage the principal to return the money to the guarantor. And the procedure for accounting for such expenses does not cause disagreement. They are indeed accepted taking into account the norms. So example 3 is unrealistic. It should be supplemented with wiring:

DEBIT 91-2 CREDIT 76
— interest is accrued to the guarantor for the use of his funds (at the rate established by the bank guarantee).

As a result, letter No. 03-03-06/1/7 is not worth challenging. You just need to understand that the recommendation it contains is not universal. It refers to a special case, which Example 3 explains. The author did not find any arbitration practice on these issues.

Please note

Expenses are recognized in the reporting (tax) period in which these expenses arise based on the terms of transactions ().

A bank guarantee provides for two independent “stages”: before and after the guarantor repays the obligation to the beneficiary. The remuneration for the first stage is set in a fixed amount, for the second - in the form of interest for the time of use of the funds. Therefore, two types of expenses arise in tax accounting.

Guarantees for long-term obligations

The remuneration for a transaction with a guarantor relates to the period for which the guarantee is issued (). This period may cover more than one reporting (tax) period when the guarantee ensures the fulfillment of the principal's obligations under a long-term agreement aimed at generating income. At the same time, the connection between the warranty expense and the corresponding income of the principal company is indirect. This situation falls under .

In the letter of the Ministry of Finance of Russia dated January 11, 2011 No. 03-03-06/1/4, a company carrying out the construction of oil and gas complex facilities under a contract for a period of 2 years appears as a principal. Financiers indicated that expenses in the form of fees for the provision of a bank guarantee purchased in order to ensure the fulfillment of obligations under the contract must be taken into account evenly over the period for which it is purchased. A similar conclusion is contained in letters from the Ministry of Finance of Russia dated July 19, 2012 No. 03-03-06/4/75 and the Federal Tax Service of Russia dated June 4, 2013 No. ED-18-3/606. It is noteworthy that in all of the letters listed, not a word is said about the interest nature of expenses.

How to bring tax and accounting closer together

Is it possible to reflect the costs of a bank guarantee under long-term contracts in account 97 “Deferred expenses” in accounting?

Here you need to clearly understand the following. The costs of guaranteeing an independent asset do not form (clauses 7.2 and 7.2.1 of the Concept of Accounting in the Market Economy of Russia, approved by the Methodological Council on Accounting under the Ministry of Finance of the Russian Federation and the Presidential Council of the IPB RF on December 29, 1997). But they can be taken into account as part of inventories as costs incurred in connection with upcoming work, and gradually transferred from account 97 to account 20 “Work in progress”. This is precisely the approach implied by paragraph 16 of PBU 2/2008 “Accounting for construction contracts.”

Example 4 The company acquired a bank guarantee for obligations related to the execution of a construction contract. The guarantor's remuneration is 30,000 rubles, the guarantee period is equal to the contract term and is 6 months. The accountant reflects the current costs of performing work on account 20 “Main production”. He accepted the bank guarantee as part of deferred expenses under this agreement and wrote it off evenly as the work was completed: DEBIT 97 CREDIT 97- 30,000 rub. – the bank guarantee has been accepted for accounting; DEBIT 20 CREDIT 97- 5000 rub. (RUB 30,000: 6 months) – monthly warranty costs are included in the cost of construction work. In the balance sheet, the accountant will reflect the balances of accounts 20 and 97 on line 1210 “Inventories”.

What if a bank guarantee was purchased by a trading company in order to ensure settlements under a real estate lease agreement? Regardless of the duration of the contract, the costs of the guarantee must be written off as expenses at a time (DEBIT 44 CREDIT 76). But this amount needs to be distributed in tax accounting. An example will show you how to act.

Example 5 The tenant provided the landlord with a bank guarantee for the obligation to pay rent on time for a period of five months. The bank's remuneration amounted to 15,000 rubles. Three months later, due to the tenant-principal missing the payment deadline, the bank made payment to the beneficiary landlord. Thus, the guarantee is terminated (subclause 1, clause 1, article 378 of the Civil Code of the Russian Federation). In accounting, the principal attributed rental costs monthly to account 26 “General business expenses.” The remuneration for the bank guarantee should also be written off to the same account, but at a time: DEBIT 26 CREDIT 76- 15,000 rub. – a bank guarantee that does not form an asset is recognized. In tax accounting, expenses for the guarantee (subclause 25, clause 1, article 264 of the Tax Code of the Russian Federation) for the first three months were recognized monthly in the amount of 3,000 rubles (15,000 rubles: 5 months). The accountant will attribute the unwritten part of the remuneration in the amount of 6,000 rubles (15,000 rubles - 3,000 rubles x 3 months) to expenses at the end of the guarantee.

HOW DOES THE BENEFICIARY KEEP ACCOUNTS?

The participation of the guarantor in the calculations does not create any special problems for the beneficiary creditor. This will not affect the taxation of his profits in any way. And the accounting procedure is illustrated by another example.

Example 6 Let's use the conditions of example 2 again. But now let's consider the situation from the seller's point of view. Let’s assume he uses the “simplified” system, and the property is included in the list of goods. The accountant will make the following entries: DEBIT 008- 10,000,000 rub. - a bank guarantee was received to ensure the buyer’s payment under the real estate purchase and sale agreement; DEBIT 68 CREDIT 51- 15,000 rub. - the state fee for state registration of the transaction is transferred; DEBIT 44 CREDIT 68- 15,000 rub. - duty is included in sales costs; DEBIT 62 CREDIT 90 10,000,000 rub. – the debt of the buyer-principal is reflected; DEBIT 90 CREDIT 41- 8,000,000 rub. - the property is deregistered; DEBIT 76 CREDIT 62- 10,000,000 rub. – a demand was presented to the guarantor bank for payment under the contract due to non-receipt of money from the buyer; DEBIT 51 CREDIT 76- 10,000,000 rub. – payment has been received from the guarantor; CREDIT 008- 10,000,000 rub. – the used guarantee has been written off (subclause 1, clause 1, article 378 of the Civil Code of the Russian Federation).

for reference

Bank guarantees are a very popular product among companies. Here are real figures for some banks that issued bank guarantees in the amount of:

10,000,000 rub. – St. Petersburg branch of GLOBEX Bank (Vnesheconombank Group);

790,000,000 rub. (including guarantees in US dollars and euros) – Irkutsk branch of VTB Bank;

RUB 3,600,000,000 – Penza branch of Sberbank

Accounting for bank guarantees in accounting is different for each of the parties to the guarantees, as well as for the obligations secured by the guarantees. Incorrect entries make reporting unreliable, check yourself!

Read in the article:

Accounting for a bank guarantee from the principal: postings

Under a paid transaction with a bank, the principal reflects the following transactions:

1. Upon receipt of the guarantee and transfer of remuneration to the bank.
2. To reimburse the bank's expenses, unless the document provides otherwise.

Table 1. Bank guarantee: accounting entries upon receipt

Example 1

Reflection of a bank guarantee in accounting as other expenses

LLC "Symbol" has issued security for the bank to participate in government procurement, the remuneration to the bank is 10,000 rubles. The Symbol accountant reflected in the accounting:

Debit 76 Credit 51

10,000 rub. – remuneration has been paid to the bank;

Debit 91-2 Credit 76

10,000 rub. – remuneration to the bank is reflected in expenses.

Payment to the bank can also form the cost of an asset - non-current or inventory, including raw materials, goods, products, etc.

Example 2

Reflection of a bank guarantee in accounting as the value of an asset

Symbol LLC purchased a batch of goods worth 295,000 rubles (including VAT 45,000 rubles) on deferred payment terms and received a bank guarantee in favor of the supplier to secure the payment obligation. The bank's remuneration for the security amounted to 10,000 rubles. Symbol's accountant recorded the following transactions:

Debit 76 Credit 51

10,000 rub. – the remuneration to the bank for the guarantee has been paid;

Debit 41 Credit 76

10,000 rub. – bank remuneration is included in the price of goods;

Debit 41 Credit 60

250,000 rub. (RUB 295,000 – RUB 45,000) – goods received;

Debit 19 Credit 60

45,000 rub. – accepted for VAT accounting;

Debit 68 subaccount “VAT calculations” Credit 19

45,000 rub. – VAT deduction.

Table 2. Bank guarantee: accounting entries for compensation to the guarantor

Unless otherwise stated in the document, after the conditions for payment of money to the beneficiary are met and the bank makes the payment, the principal must compensate the bank for the amount paid. A condition for a bank payment may be, for example, the principal's failure to fulfill his obligation, including failure to pay the beneficiary for his delivery.

Example 3

Reflection of a bank guarantee in accounting

Debit 60 Credit 76

RUB 295,000 – the debt to the bank that paid the supplier is reflected;

Debit 76 Credit 51

RUB 295,000 – compensation is transferred to the bank.

Bank guarantee: accounting entries for the beneficiary

The beneficiary of the supply of goods is most often the supplier. In case of non-payment, the bank pays him under the guarantee issued to the buyer, after which he receives reimbursement of costs from the buyer. However, the beneficiary's accounting does not reflect the compensation; it takes into account only the occurrence of an obligation secured by a bank guarantee, and in case of failure to fulfill this obligation, the receipt of funds from the bank.

Example 4

Reflection of a bank guarantee in the beneficiary’s accounting records

Let's consider the situation from examples 2 and 3 from the supplier's point of view. If Symbol has not paid for the goods, the supplier’s accountant will reflect the following transactions:

RUB 295,000 – payment security has been received from Symbol;

Debit 62 Credit 90-1

RUB 295,000 – goods were transferred to Symbol;

Debit 90-3 Credit 68 subaccount “VAT calculations”

45,000 rub. – submitted VAT to “Symbol”;

Debit 51 Credit 76

RUB 295,000 – received money from the bank under a guarantee;

Debit 76 Credit 62

RUB 295,000 – Symbol’s debt has been repaid.

Credit 008

RUB 295,000 - payment security has been written off.

Attached files

• Bank guarantee form.doc

The use of a bank guarantee is not uncommon today. In some situations it is simply necessary. We’ll talk about what such a guarantee is and how to take it into account.

When may you need a bank guarantee?

A bank guarantee reduces the lender's risks in the transaction. Since the financial interests of the creditor will not suffer even if the obligation is not fulfilled.

Bank guarantee- this is a written obligation of the guarantor bank to pay the client’s creditor the amount specified in the guarantee if the client fails to fulfill his obligations and Art. 368 Civil Code of the Russian Federation.

You cannot do without a guarantee if you decide to use the application procedure for VAT refund subp. 2 p. 2 art. 176.1 Tax Code of the Russian Federation. In this situation, strict requirements are imposed on the guarantee:

• it must be issued by a bank included in the list of banks that meet the established requirements for accepting bank guarantees for tax purposes. This list is maintained by the Ministry of Finance and is posted on its official website. clause 4 art. 176.1 Tax Code of the Russian Federation;
• it must meet the requirements established in the Tax Code clause 6 art. 176.1 Tax Code of the Russian Federation.

You can view the list of banks that meet the established requirements for accepting bank guarantees for tax purposes: Ministry of Finance website→ section “Tax relations” → section “Tax and customs tariff policy”

In addition, you may need a guarantee, for example:

• when concluding a state or municipal contract clause 1 art. 766 Civil Code of the Russian Federation; clause 4 art. 29 of the Federal Law of July 21, 2005 No. 94-FZ;
• as security for payment of customs duties in certain cases x clause 1 art. 85, paragraph 1, art. 86 of the Customs Code of the Customs Union;
• when purchasing federal special “alcoholic” maros to clause 4.1 of Government Decree No. 785 dated December 21, 2005;
• upon exemption from payment of advance payment of excise duty on alcoholic and alcohol-containing products and clause 11 art. 204 Tax Code of the Russian Federation;
• as counter security when applying to the court for interim measures clause 1 art. 94 Arbitration Procedure Code of the Russian Federation.

How to get a bank guarantee

To obtain a bank guarantee, you need to contact the bank with a certain set of documents. It is different for each bank and is installed by them independently. As a rule, the package of documents includes:

• documents allowing you to check your financial condition, in particular:

Accounting statements (balance sheet, profit and loss statement), certified by the tax office;

Decoding of receivables and payables;

Bank certificate on monthly account turnover for the last 6 months;

• documents allowing to establish the obligation under which the guarantee is provided.

Read more about the application procedure for VAT refund: 2010, No. 4, p. 25

In addition to the package of documents, the bank may also require:

• <или>pledge of property (property rights);
• <или>pledge of highly liquid securities;
• <или>guarantee of legal entities or individuals.

WE WARN THE MANAGER

Usually amount of remuneration for issuing a guarantee is from 1 to 10% from the security amount.

If you, as a debtor, arrange a bank, it will enter into an agreement with you to issue a guarantee. You are the principal in this agreement.

The agreement defines the terms of the guarantee, in particular:

• to secure what obligation it is issued;
• the amount of the guarantee and the period of its issuance;
• the right of recourse of the bank (guarantor) to your company.

The agreement also defines the documents that the beneficiary (your creditor in the transaction) must present to the bank if you fail to fulfill your obligation. To avoid controversial situations, the list of these documents should be clearly stated.

For issuing a guarantee you pay the bank a fee clause 2 art. 369 Civil Code of the Russian Federation. It can be paid in the form of a fixed fee, as a percentage of the guarantee amount, in installments depending on the guarantee period.

Accounting for a bank guarantee from the principal

There is a common misconception that the principal has a bank guarantee in accounting should be accounted for in off-balance sheet account 008 “Securities for obligations and payments received” Chart of accounts, approved. By Order of the Ministry of Finance dated October 31, 2000 No. 94n. But you received a guarantee not for yourself, but for your creditor (beneficiary). And it is he who takes into account the guarantee on account 008. At the same time, you should not take into account the guarantee on account 009 “Securities for obligations and payments issued.” After all, it was not you who issued the guarantee, but the bank. The principal does not keep any records of the bank guarantee itself.

EXCHANGE OF EXPERIENCE

Chief Accountant of JSC Russian Utility Systems

“The issue of reflecting or not reflecting a bank guarantee from the principal on the balance sheet is not so simple.

When using a bank guarantee as collateral, it is possible to change the creditor, when instead of the beneficiary the guarantor becomes the creditor (in case the principal fails to fulfill his obligation). In addition, the agreement with the guarantor may provide for special conditions, such as, for example, additional penalties for late fulfillment of obligations to the guarantor. The absence of information about the bank guarantee in the principal's accounting will not give external users of the financial statements a complete picture of the status of the principal's accounts payable.

Alternatively, you can reflect two entries simultaneously in the principal’s accounting:

• 008 “Securities for obligations and payments received” - a bank guarantee was received to ensure the fulfillment of an obligation to the beneficiary (creditor);
• 009 “Securities for obligations and payments issued” - security was issued to the beneficiary (creditor) from the guarantor (bank).

I think many auditors will agree that the bank guarantee should still be reflected in the principal’s accounting accounts, especially if the transaction is large for the organization and is subject to disclosure in the financial statements.”

The costs of obtaining a guarantee are taken into account as follows:

• <если>a bank guarantee was issued to secure a transaction for the acquisition of an item of fixed assets, then in both accounting and tax accounting the costs for it should be included in the cost of the acquired item. clause 2 art. 254, para. 1, 3 tbsp. 257, paragraph 9 of Art. 258 Tax Code of the Russian Federation; Letter of the Ministry of Finance dated 01.08.2005 No. 03-03-04/1/111;
• <если>a bank guarantee was purchased to secure a transaction for the purchase of goods or materials, then in accounting the costs of the guarantee can be included in the cost of these inventories pp. 5, 6 PBU 5/01, and in tax - either also in the value of property, or in other expenses;
• <если>a bank guarantee was purchased for other purposes (for example, for the application procedure for VAT refund), then the costs for it are included in other expenses in accounting, and in tax accounting - in other expenses associated with production and sales subp. 25 clause 1 art. 264 Tax Code of the Russian Federation, or as part of non-operating expenses in subp. 15 clause 1 art. 265 Tax Code of the Russian Federation.

Moreover, if the remuneration is paid to the bank at a time, in the opinion of the regulatory authorities, expenses should be taken into account evenly over the period for which the guarantee is issued Letters of the Ministry of Finance dated July 19, 2012 No. 03-03-06/4/75, dated January 11, 2011 No. 03-03-06/1/4; Federal Tax Service for Moscow dated August 29, 2011 No. 16-15/ [email protected] .

In addition, the Ministry of Finance previously explained that if the bank’s remuneration is set as a percentage, then the costs of purchasing a guarantee must be normalized in the same way as expenses in the form of interest on debt obligations. Letter of the Ministry of Finance dated January 16, 2008 No. 03-03-06/1/7. However, later clarifications do not mention the application of such a procedure. In addition, the relationship between the principal and the bank under the agreement on the provision of a bank guarantee is not a debt obligation. clause 1 art. 807 Civil Code of the Russian Federation.

Accounting for a bank guarantee from the beneficiary

If your company acts as a beneficiary, that is, the one to whom the guarantee is provided, then it should be taken into account as the debit balance of account 008 “Security for obligations and payments received” in the amount specified in the guarantee.

When the debtor fulfills the obligation, the amount of the guarantee recorded in account 008 is written off.

If the obligation secured by the guarantee is not fulfilled

If the debtor has not fully or partially fulfilled his obligations, then during the validity period of the guarantee the beneficiary can contact the bank with a written request to pay him money. In it, the beneficiary must indicate what the principal’s violation of the main obligation for which the guarantee was issued is. Art. 374 Civil Code of the Russian Federation. The request must be accompanied by the documents specified in the guarantee. The bank decides whether to make payment or not only after it has examined the claim and determined whether it complies with the terms of the guarantee and Art. 375 Civil Code of the Russian Federation.

After paying the claim, the bank is obliged to notify the principal about the termination of the guarantee and subp. 1 clause 1, clause 2 art. 378 Civil Code of the Russian Federation and may apply to him for reimbursement of the amounts paid under the guarantee.

The beneficiary, when recognizing the amount of the claim by the guarantor bank, makes an entry in accounting: debit account 76-2 “Settlements on claims”, sub-account “Guarantor Bank”, - credit account 62 “Settlements with buyers and customers”, sub-account “Buyer (principal)” .

The principal, at the time of receiving a notification from the guarantor bank about the termination of the guarantee, makes an entry in accounting: debit account 60 “Settlements with suppliers and contractors”, subaccount “Seller (beneficiary)”, – credit account 76 “Settlements with various debtors and creditors”, subaccount "Bank-guarantor".

If you purchase a bank guarantee to participate in tenders, then you can take into account the costs of it even if the tender is lost Clause 2 Letter of the Ministry of Finance dated January 16, 2008 No. 03-03-06/1/7.

And simplifiers can take into account the costs of a bank guarantee as costs for services provided to credit institutions and subp. 9 clause 1 art. 346.16 Tax Code of the Russian Federation.