The organization has the right to supply goods for export through an intermediary, most often a commission agreement or an agency agreement is concluded. According to Article 990 of the Civil Code of the Russian Federation, under a commission agreement, one party (commission agent) undertakes, on behalf of the other party (committent), to complete one or more transactions for a fee on its own behalf, but at the expense of the principal.
The commission agent's remuneration can be set in various ways: in a fixed amount, as a percentage of something, or as the difference between the cost of the goods sold for export agreed upon by the commission agent with the buyer and the cost set by the committent. The remuneration can be set in the currency of the Russian Federation or in a foreign currency. At the same time, the goods sold by the commission agent remain the property of the committent, in accordance with Article 996 of the Civil Code of the Russian Federation. Therefore, according to Article 999 of the Civil Code of the Russian Federation, the commission agent is obliged to submit a report on the services rendered. The deadlines for submitting the report must be consistent with the terms of the contract.
Under an agency agreement in accordance with article 1005 of the Civil Code of the Russian Federation, the agent undertakes, for a fee, to perform legal and other actions on behalf of the other party (principal) on his own behalf, but at the expense of the principal or on behalf and at the expense of the principal. Other actions often include any instructions by the principal to the agent. The agency agreement provides for broader responsibilities of the intermediary. The agency fee is set by the agreement (Article 1006 of the Civil Code of the Russian Federation), and, as under a commission agreement, can be agreed in any way. The agent must submit the report at the request of the principal (Article 1008 of the Civil Code of the Russian Federation), but it is better to agree in advance in the contract on the terms for submitting the report by the agent.
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In accounting, all operations under intermediary agreements are usually reflected on account 76 “Settlements with various debtors and creditors” under subaccount 76.5 “settlements with a commission agent (agent)”.
Shipment of export goods to a commission agent (agent) is issued a consignment note (TORG - 12) and is reflected in the posting:
Dt account 45 "Goods shipped";
Invoice kit 41 "Goods" for the amount of shipped goods.
Based on the intermediary's report, the following posting is reflected in the accounting records: shipment of goods for export:
Dt of account 90 "Sales", sub-account 90.2 "Expenses for sale";
Kt account 45 "Goods shipped" for the amount of shipped goods.
If, under the terms of an agreement with an intermediary, export earnings go to the foreign exchange accounts of the commission agent (agent), then based on the report of the commission agent (agent), the revenue is recognized in accounting and reflected in the usual posting, which we considered above.
Exchange differences arising on the intermediary's currency account are recognized in the intermediary's accounting and tax records.
Exchange differences in settlements for goods sold are exchange differences of the committent (principal) and are reflected in accounting and tax accounting based on the commission agent's (agent's) report.
Example
Alpha LLC sells goods for export through the commission agent Beta CJSC. LLC "Alfa" agreed with CJSC "Beta" the cost of selling the goods in the amount of $ 50,000. The actual cost of the goods transferred to the commission agent amounted to 500,000 rubles; when purchasing the goods, the VAT amounts were deducted in the amount of 90,000 rubles. According to the terms of the agreement, the commission fee is $1180 (including VAT - $180), which is withheld by the commission agent from the amount of proceeds received from the foreign buyer.
Suppose the exchange rate of the Central Bank of the Russian Federation $ was:
- on the date of shipment of goods to a foreign buyer - 25 rubles / $;
- on the date of receipt of payment from the buyer and on the date of transfer of export earnings to the consignor - 27 rubles / $.
The following entries are reflected in the accounting records of Alfa LLC based on the commission agent's report:
- on the date of shipment of goods to a foreign buyer:
Dt of account 62 “Settlements with buyers and customers” Kt of account 90 “Sales”, subaccount “Revenue”, analytical account “Export revenue”, - 1`250`000 rubles. ($50,000 x 25 rubles/$) - goods shipped to a foreign buyer.
Account number 90 “Sales”, subaccount “Cost of sales”, analytical account “Cost of exported goods”, account number 41 “Goods”, subaccount “Goods on commission”, analytical account “Goods for export”, - 500,000 rub. - written off the cost of shipped goods.
Dt account 76 “Settlements with various debtors and creditors” subaccount “VAT restored” Kt 68 “Calculations on taxes and fees”, subaccount “settlements with the VAT budget” - 90,000 rubles.
Dt of account 44 “Expenses for sale” Kt of account 76 “Settlements with various debtors and creditors”, sub-account “Settlements with a commission agent for remuneration” - 25`000 rubles. ($1,000 x 25 rubles/$) - the remuneration debt to the commission agent has been accrued.
Dt account 19 "VAT on acquired values", subaccount "VAT on purchased works and services", analytical account "VAT on works and services purchased for export", Kt account 76 "Settlements with various debtors and creditors", sub-account "Settlements with the commission agent for remuneration" - 4500 rubles. (180 $ x 25 RUB/$) - shows VAT on remuneration.
D-t account 68 "Calculations on taxes and fees", sub-account "Settlements with the budget for VAT", analytical account "VAT reimbursable", K-t account 19 "VAT on acquired values", sub-account "VAT on purchased works and services ”, Analytical account “VAT on works and services purchased for export” - 4500 rubles. - the amount of input VAT is accepted for deduction (after the relevant decision is made by the tax authority);
Dt account 68 "Calculations on taxes and fees", subaccount "Settlements with the budget for VAT", analytical account "VAT recoverable", Kt account 76 "Settlements with various debtors and creditors" subaccount "VAT recovered" - 90000 rub. the amount of the restored VAT is accepted for deduction (after the relevant decision is made by the tax authority);
- on the date of receipt of payment from the buyer and on the date of transfer of export earnings to the principal:
Dt account 76 "Settlements with various debtors and creditors", sub-account "Settlements with the exporter on export earnings", Kt account 62 "Settlements with buyers and customers" - 1`350`000 rubles. ($50`000 x 27 rubles/$) - the foreign buyer's debt is credited to the commission agent's settlement account.
Account 76 “Settlements with various debtors and creditors”, sub-account “Settlements with a commission agent for remuneration”, Account 76 “Settlements with various debtors and creditors”, sub-account “Settlements with an exporter on export earnings”, - 31` 860 rub. ($1,180 x 27 rubles/$) - obligations to the commission agent for remuneration offset by counterclaims were repaid.
Dt account 52 "Currency accounts", subaccount "Transit currency account", Kt account 76 "Settlements with various debtors and creditors", subaccount "Settlements with the exporter on export earnings", - 1`318 140 rubles. [(50`000 $ - 1180 $) x 27 rubles / $] - export earnings minus remuneration received to the foreign exchange transit account from the commission agent.
Dt of account 62 “Settlements with buyers and customers” Kt of account 91 “Other income and expenses”, subaccount “Other income”, - 100`000 rubles. - reflects the positive exchange rate difference on the buyer's debt on the date of its repayment.
Dt of account 91 “Other income and expenses”, subaccount “Other expenses”, Kt of account 76 “Settlements with various debtors and creditors”, subaccount “Settlements with commission agent for remuneration”, - 2360 rubles. - reflected the negative exchange rate difference on remuneration.
Accounting for the sale of foreign currency
Starting from 01.01.2007, the currency legislation does not contain a requirement for the mandatory sale of foreign exchange earnings. At present, the decision to sell a part or all of the received foreign exchange earnings is decided on a voluntary basis.
Based on the notification, the resident gives the authorized bank an order to sell a part or the entire amount of foreign exchange earnings, transfer the amount in foreign currency Russian Federation, received from the mandatory sale of a part of the foreign exchange earnings, to your bank account in rubles, as well as transferring the amount of foreign currency remaining after the mandatory sale to your current foreign currency account.
The form of the order is established by the authorized bank. Simultaneously with the order, in order to control the sale of a part or the entire amount of foreign exchange earnings, the resident submits to the authorized bank a certificate identifying the amount of foreign currency received in the notification by type of foreign exchange transactions, including identification of foreign exchange earnings that are the object of mandatory sale (hereinafter referred to as the certificate) .
The certificate is filled out in the form and in the manner established by the regulatory legal act of the Bank of Russia on the procedure for accounting for residents' foreign exchange transactions.
When preparing documents on the basis of which operations are carried out purchase and sale currency, you should pay attention to the following main points:
- contracts (agreements) for the conclusion of transactions, one-time instructions, etc. must contain the signatures of authorized persons on the part of the bank and on the part of the client;
- depending on the conditions and regularity of transactions, orders for the purchase and sale of foreign currency must contain appropriate notes stating that the amount in currency or rubles for the purchase and sale of foreign currency is debited from the client's account without acceptance (if there is such a condition in the bank account agreement);
- in orders for the purchase and sale of currency, the signatures of authorized employees of the bank and marks (stamps) must be affixed, indicating that the signatures and seals of the clients have been checked for compliance with the declared samples and the sufficiency of funds in the account, as well as the signatures of the responsible employees for currency control on the compliance of the operation with the requirements of the currency legislation of the Russian Federation Federations;
- the conditions of purchase and sale transactions specified in the instructions (term, rate, amount) must be observed.
Write-off of foreign currency from the organization's currency account for its subsequent sale by the bank is carried out by the following entry:
Dt 57 (sub-account "Cash for the sale of foreign currency") Kt 52 (sub-account "Transit currency account") - foreign exchange funds were sent for sale at the exchange rate of the Central Bank of the Russian Federation on the day of sale;
Dt 51 Kt 57 (sub-account "Cash for the sale of currency") - the money from the sale of foreign currency was credited to the current account.
Exchange differences arising from the sale of foreign currency are reflected in the accounting records of the organization as follows:
Dt 52 (sub-account "Transit currency account") Kt 91/1 - reflects a positive exchange rate difference between the selling rate of the currency and the official rate of the Central Bank of the Russian Federation;
D-t 91/2 K-t 52 (sub-account "Transit currency account") - reflects the negative exchange rate difference between the selling rate and the official rate of the Central Bank of the Russian Federation.
Example
Consider the sale of currency, provided that the bank sells the currency at the rate of the Central Bank of the Russian Federation. Let's say the exchange rate of the Central Bank of the Russian Federation on the date of receipt of revenue is 35.0 rubles / euro; on the date of sale - 35.5 rubles / euro:
Debit |
Credit |
Amount, rub. |
primary document |
|
| Received proceeds in foreign currency from the buyer to the transit foreign currency account (5000 x 35.0) | 52 | 62 | 175 000 | Bank statement on foreign currency account |
| Sale of foreign currency (4900 x 35.50) | 76 | 52 | 173 950 | Order to sell currency. |
| The amount of the bank commission for the sale of currency is reflected (100 x 35.50) | 91-2 | 76 | 3 550 | Order to sell currency. Bank statement on foreign currency account |
| The bank writes off the amount of the commission from the transit currency account (100 x 35.50) | 76 | 52 | 3 550 | Bank statement for a special |
| Revenue credited to the current account (4900 x 35.50) | 51 | 76 | 173 950 | Bank statement for a special transit currency account |
| The difference between the currency receipt rate and the currency selling rate is reflected, (5000 x (35.50 - 35.00)) | 52 | 91 | 2 500 | Order to buy currency. Accounting reference-calculation |
According to clause 12 of the Accounting Regulation “Accounting for assets and liabilities whose value is expressed in foreign currency” (PBU 3/2006)”, approved by order of the Ministry of Finance of the Russian Federation of November 27, 2006 N 154n, the exchange difference is reflected in accounting and financial statements in reporting period, to which the date of fulfillment of payment obligations refers or for which the financial statements are drawn up.
According to paragraph 13 of the above Regulations, the exchange difference is subject to crediting to financial results organizations as other income or other expenses.
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In the practice of foreign economic activity, Russian exporters often resort to the services of intermediary firms. This is due to the fact that many enterprises do not have experience in working on foreign market which requires knowledge of customs regulations and legislation of foreign countries, the presence of specialists with knowledge of languages, skills in conducting trade negotiations and drawing up a foreign trade contract.
An intermediary is a legal or individual, standing between the seller and the buyer, providing certain services to the seller or buyer on the basis of an agreement concluded between them.
Intermediaries may be specialized foreign trade firms whose statutory activity is the provision of intermediary services in the implementation of foreign economic activity.
Contracts between exporters and intermediaries are of a reimbursable nature: the intermediary is entitled to remuneration for his services. As a rule, this certain percentage from the value of the transaction.
The relationship between the exporter and the intermediary depends on the type of contract concluded between them. Russian legislation refers to intermediary structures organizations that work with clients on the basis of commission or commission agreements.
Subject commission agreements is the commission of transactions by a commission agent (intermediary) on his own behalf, but at the expense of the principal (exporter) (clause 1 of article 990 of the Civil Code of the Russian Federation).
Under a commission agreement, the rights and obligations under a transaction with a third party are acquired by the commission agent himself as one of the participants in this transaction, and the committent is not a party to the transaction.
If a commission (consignment) agreement is concluded between the exporter and the intermediary, then the commission agent finds a buyer and concludes a contract with him for the supply of goods on his own behalf, but at the expense of the exporter.
The parties to the contract are the committent (exporter) and the commission agent (intermediary). The commission agent must return to the committent all the proceeds received under the transaction, minus the commission due to him and the expenses incurred by him in connection with the sale of the goods, which, according to the commission agreement, are subject to reimbursement by the committent.
Under a commission agreement, the right of ownership of the exported goods does not transfer to the commission agent. The exported products remain the property of the committent until the transfer of ownership of them to a foreign buyer in accordance with the contract. However, the commission agent is responsible to the committent for the safety of his property.
The conditions for the sale of export goods under a commission agreement may be different, for example:
With the delivery of goods to the warehouse of the intermediary;
Without the delivery of goods to the warehouse of the intermediary;
With the participation of an intermediary in the settlements between the importer and exporter;
Without the participation of an intermediary in the settlements between the importer and exporter.
Export earnings for the sold goods can be credited to the transit currency account of both the committent and the commission agent.
The commission agent, before transferring the currency earnings to the account of the committent, may leave a commission fee on his transit currency account and pay the expenses incurred by him in the process of executing the commission order.
Expenses in foreign currency, as well as commissions accrued in favor of intermediary organizations, are paid before the mandatory sale of a part of foreign exchange earnings, that is, they are taken into account in reducing the base when calculating the amount of export earnings subject to mandatory sale.
Export operations can be carried out by intermediary firms working under commission or commission agreements. An intermediary is a legal or natural person standing between the seller or buyer of goods, providing certain services to the seller or buyer on the basis of an agreement concluded between them.
AT international trade A large number of transactions are made through intermediaries. This is explained by several reasons.
First, the exporter's lack of knowledge of the market for his product, the terms of trade for this product in a particular country can lead to large losses. Qualified firms - intermediaries that have information about the position on the market of a given product or service, have information about firms-buyers, can more effectively sell the export product.
Secondly, the services of intermediaries are resorted to when selling a new product on an already developed market in order to find out whether this product will be in demand, whether it will find buyers on the proposed terms and what can be done to promote new product to this market. Often, exporters use local trading and intermediary firms with an extensive sales network, warehouses, showrooms. In this case, the exporter does not need to develop its own distribution network on the territory of the importer's country, which saves significant funds. In addition, local intermediary firms know their national market better and can sell goods more profitably.
An important factor is the fact that the exporter, who resorts to the services of intermediaries, is freed from many worries associated with the sale of goods.
Intermediaries are also used to receive information and consulting services for market research in order to acquire their own knowledge about the product market: about its corporate structure, about the quality of goods offered on the market and their prices, about the requirements of buyers for the quality of goods. This is especially useful in the initial period of foreign economic activity, until the enterprise has accumulated its own experience.
But there are downsides to using intermediaries. The lack of direct contacts with buyers of export products does not have the best effect on the development desired markets. In addition, intermediary fees reduce export revenue.
Thus, the question of whether to use the services of an intermediary or to look for a foreign partner yourself and conclude a contract with him directly, Russian enterprise should be decided in each case, comparing all the advantages and disadvantages.
When carrying out foreign trade transactions with the participation of intermediaries, the issue of legal registration of relations between the three parties - the seller, the buyer and the intermediary - is very important. And here a few things matter.
First of all, you need to understand who the intermediary is, standing between the seller and the buyer. He cannot simultaneously represent the interests of both sides. Therefore, as a rule, whoever turned to him for services first, he will represent that side, it is with this party that he must conclude a service agreement. This agreement determines the scope of powers of the intermediary, his rights and obligations.
It is the nature of the contract concluded between the intermediary and the party he represents that determines the legal basis for the relationship of the intermediary with the other party to the transaction: whether the intermediary has the right to conclude and sign this transaction, and if so, on whose behalf and at whose expense. According to this criterion, intermediaries in world practice are divided into four groups
The first group is intermediaries who do not have the right to sign transactions in general (representatives, brokers, brokers). They look for a partner in the transaction for the party they represent, bring the parties together, but they themselves do not act as a party to the contract in the transaction. Between an intermediary of this kind and the party (principal) he represents, an agency agreement is signed for a definite or indefinite period. This agreement specifies the types of goods that the intermediary will sell, the nature of the right (exclusive or with reservations), the price is determined by the principal, the intermediary does not influence the formation of the price, the reporting procedure and the amount of remuneration. The ownership of the goods does not pass to the intermediary, it remains with the principal until the sale of the goods to the buyer. In international trade practice, it is customary to include a non-competition clause in the contract as a duty of the intermediary.
The legal features of agency agreements are established by Chapter 52 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation).
The definition of an agency agreement is given by Article 1005 of the Civil Code of the Russian Federation:
"Article 1005. Agency agreement
1. Under an agency agreement, one party (agent) undertakes, for a fee, to perform legal and other actions on behalf of the other party (principal) on its own behalf, but at the expense of the principal or on behalf and at the expense of the principal.
In a transaction made by an agent with a third party on its own behalf and at the expense of the principal, the agent acquires rights and becomes obligated, even if the principal was named in the transaction or entered into direct relations with the third party to execute the transaction.
Under a transaction made by an agent with a third party on behalf and at the expense of the principal, the rights and obligations arise directly from the principal.
2. In cases where the agency agreement concluded in writing, the general powers of an agent to make transactions on behalf of the principal are provided, the latter, in relations with third parties, is not entitled to refer to the lack of proper powers of the agent, unless he proves that the third party knew or should have known about the restriction of the powers of the agent.
3. An agency contract may be concluded for a fixed period or without specifying the period of its validity.
4. The law may provide for special features certain types agency agreement.
It follows from the definition that the parties under the agency agreement are the agent (performer) and the principal (customer).
Under an agency agreement, the agent undertakes, for a fee, to perform legal and other actions on behalf of the principal on his own behalf, but at the expense of the principal or on behalf and at the expense of the principal.
Depending on how the agency agreement is concluded, the rights and obligations of each of the parties to the agreement differ.
In a transaction made by an agent with a third party on its own behalf and at the expense of the principal, the agent acquires rights and becomes obligated, even if the principal was named in the transaction or entered into direct relations with the third party to execute the transaction. AT this case the rules of Chapter 51 of the Civil Code of the Russian Federation, that is, the rules of a commission agreement, apply to relations arising from an agency agreement.
Under a transaction made by an agent with a third party on behalf and at the expense of the principal, the rights and obligations arise directly from the principal. In this case, the rules of Chapter 49 of the Civil Code of the Russian Federation "Agreement of agency" apply. It should be borne in mind that if the agency agreement is implemented according to the agency agreement scheme, then the general rules on representation established by Chapter 10 of the Civil Code of the Russian Federation apply to it, as well as to the agency agreement.
An agency agreement is a form of an intermediary agreement, which includes elements of an agency agreement and a commission agreement.
Within the framework of one contract, the agent may be entrusted with assignments of a different nature: he performs some, speaking on his own behalf, others on behalf of his principal.
The principal pays the agent remuneration in the amount and in the manner specified in the agency agreement. This provision is established by Article 1006 of the Civil Code of the Russian Federation:
"Article 1006. Agency fee
The principal is obliged to pay the agent remuneration in the amount and in the manner established in the agency agreement.
If the agency contract does not provide for the amount of the agency fee and it cannot be determined based on the terms of the contract, the fee is payable in the amount determined in accordance with paragraph 3 of Article 424 of this Code.
If there are no conditions in the contract on the procedure for paying the agency fee, the principal is obliged to pay the fee within a week from the moment the agent submits a report to him for the past period, unless a different procedure for paying the fee follows from the essence of the contract or business practices.
The agency agreement, as well as the commission agreement, is assumed to be paid. Regardless of whether the agent acts on behalf of the principal or on his own behalf, the principal is obliged to pay a fee, even if the payment clause is omitted from the contract. The agency agreement may restrict the rights of the principal and the agent, this is established by Article 1007 of the Civil Code of the Russian Federation:
"Article 1007. Restrictions by an agency agreement on the rights of a principal and an agent
1. The agency agreement may provide for the obligation of the principal not to enter into similar agency agreements with other agents operating in the territory specified in the agreement, or to refrain from carrying out independent activities in this territory, similar to the activities that constitute the subject of the agency agreement.
2. The agency agreement may provide for the agent's obligation not to conclude similar agency agreements with other principals, which must be executed on the territory that fully or partially coincides with the territory specified in the agreement.
3. The terms of the agency agreement, by virtue of which the agent has the right to sell goods, perform work or provide services exclusively to a certain category of buyers (customers) or exclusively to buyers (customers) located or domiciled in the territory specified in the agreement, are void.
Let's make a comparison with the commission agreement. A commission agreement may be concluded for a fixed period or without specifying the period of its validity, with or without specifying the territory of its execution. It may or may not contain the obligation of the committent not to grant third parties the right to make transactions in his interests and at his expense, the commission of which is entrusted to the commission agent. Conditions regarding the assortment of goods that are the subject of a commission may or may not be negotiated. In this respect, the agency agreement is similar to the commission agreement.
Such restrictions within the framework of the contract of agency are not possible.
If, under the agency agreement, the attorney cannot delegate the execution of the commission, then under the agency agreement, the agent (even if he acts on behalf of the principal) may transfer part of his obligations to the subagent, if this does not contradict paragraph 2 of Article 1009 of the Civil Code of the Russian Federation, according to which the subagent may act on behalf of the principal general conditions retrust.
This means that a notarized power of attorney must be issued to the subagent. However, in this case, the question of the possibility of multiple reassignment becomes controversial. Just as it is provided for the commission agreement, the agent is obliged in all cases to submit reports to the principal in accordance with Article 1008 of the Civil Code of the Russian Federation.
This is the difference from the contract of agency, when, depending on the nature of the agency, there may be no need to submit a report to the principal.
If the intermediary agreement does not provide for the deadlines for submitting reports, then the commission agent must submit a report on the execution of the order, and the agent - as he fulfills the agreement or at the end of the agreement.
Otherwise, the rules of Chapter 49 or Chapter 51 of the Civil Code of the Russian Federation apply to agency agreements, depending on the type of agency agreement.
Thus, we have considered the contract, acting within the framework of which business entities can carry out intermediary activities. From all the material offered to the reader, it becomes clear that intermediary activity is quite complicated from the point of view of civil, accounting and, accordingly, tax legislation. And today, many issues related to intermediary activities remain unregulated. For example, if we compare all mediation agreements: commissions, assignments and an agency agreement, we can conclude that the commission agreement is the most legislatively prescribed of all the listed agreements. Taxpayers should keep in mind that, while allowing the committent and the commission agent to independently determine the terms for submitting the report, the Civil Code provides for other norms for submitting the report in relation to the agency agreement. So, according to Article 974 of the Civil Code of the Russian Federation, the principal is obliged to immediately accept from the attorney everything executed by him in accordance with the contract of assignment.
That is, the attorney is obliged to submit a report to the principal without delay immediately after the execution of the commission agreement (with supporting documents attached, if required by the terms of the agreement). Thus, the Civil Code of the Russian Federation does not leave the right to the parties working under an agency agreement to decide on the issue of submitting a report on their own. Therefore, in order to correctly reflect the proceeds from the sale of goods (works, services, property rights), the trustee does not need any additional notice from the attorney.
If, however, the parties working under the agency agreement nevertheless set such terms on their own, thereby violating civil law, then in this case, in order to calculate income tax, they will have to use the norms provided for in the commission agreement. The question of the date of implementation in relation to the agency agreement is even more difficult to resolve. According to Article 1008 of the Civil Code of the Russian Federation, civil law provides the parties working under an agent agreement with the right to decide on the procedure and terms for submitting a report to the principal.
At the same time, tax legislation does not define special terms for the agent to submit a report or any notification to the principal about the date of sale of goods (works, services, property rights). In the absence of special rules, the principals will be forced to follow the general rule, which provides that the date of receipt of income for tax purposes will be recognized as the day of the sale of these goods (works, services, property rights), that is, the day of transfer of ownership.
Peculiarities accounting under an agency agreement.
For the purposes of accounting for the agent company, its remuneration is income from ordinary activities (clause 5 of PBU 9/99 “Income of the organization”, approved by order of the Ministry of Finance dated May 6, 1999 No. 32n). The procedure for reflecting “agency” operations again depends on the specific situation, namely, on the subject of the agency agreement (sale of goods (works, services) of the principal to buyers or purchase of material assets for the principal from suppliers).
The Principal instructed the Agent to sell the manufactured goods in the amount of 118,000 rubles. (including VAT - 18,000 rubles). The agency fee is 5 percent (including VAT) of the value of the goods sold. The agent sold the consignment of goods within the agreed time frame. The accountant of the agent firm will make the following entries:
RUB 118,000 - received goods for sale;
Debit 62 Credit 76
RUB 118,000 - reflected the sale of goods to buyers;
Credit 004
RUB 118,000 - the goods are transferred to the buyers;
Debit 51 Credit 62
RUB 118,000 - received payment for goods sold;
Debit 76 Credit 90
5 900 rub. - accrued agency fee as of the date of approval by the principal of the agent's report;
Debit 90 Credit 68
900 rub. - VAT charged on agency fees;
Debit 76 Credit 51
RUB 112,100 - listed cash to the principal minus commission;
Debit 90 Credit 99
5000 rub. - reflects the financial result.
The Principal has entered into an agreement with the Agent, according to which the latter undertakes to purchase and deliver a consignment of goods to the Principal's warehouse. The amount transferred to the Agent for these purposes is 236,000 rubles. (including VAT). The agency fee is 5 percent (including VAT) of the value of the purchased goods. The following entries will be made in the Agent's accounting:
Debit 51 Credit 76
RUB 236,000 - reflects the funds received from the Principal.
The cost of the purchased goods amounted to 200,600 rubles. (including VAT), and the cost of its transportation is 11,800 rubles. (in view of VAT).
Debit 60 Credit 51
200 600 rub. - reflected 100% prepayment for the goods;
Debit 60 Credit 51
11 800 rub. - reflected payment for the services of a transport company;
Debit 76 Credit 60
200 600 rub. - reflects the cost of goods purchased for the principal;
Debit 76 Credit 60
11 800 rub. - reflected the cost of services for the transportation of goods purchased for the principal;
Debit 76 Credit 90
RUB 10,030 - accrued remuneration under the agency agreement as of the date of approval by the principal of the agent's report;
Debit 90 Credit 68
1530 rub. - VAT charged on agency fees;
Debit 76 Credit 51
RUB 13,570 - the remaining funds were transferred to the principal minus the commission fee;
Debit 90 Credit 99
8500 rub. - reflects the financial result.
The second group is intermediaries (commission agents) who enter into and sign transactions with third parties at the expense of the party they represent (committent), but on their own behalf. A commission agreement is concluded between the committent and the commission agent, which determines the scope of the commission agent's powers, the rights and obligations of the parties. The commission agent, on his own behalf, but at the expense of the committent, makes a sale transaction with a third party. If in a commission agreement he acts as an intermediary to the committent, then in a transaction with a third party he is a party to the agreement, that is, he acts as a seller, and, therefore, the rights and obligations in the sale transaction arise between the commission agent and the third party.
The committent is obliged to present the goods, having agreed with the commission agent maximum price, taking into account which the commission agent will set the price of the transaction with a third party. The ownership of the goods does not pass to the commission agent and remains with the committent until the goods are transferred to a third party. However, the commission agent is not liable to the committent for the execution of the transaction by third parties, unless otherwise provided by the agreement between them. If, under the contract, he assumes a guarantee for the execution of the transaction by a third party, which is called "delcredere", then the commission agent's liability to the committent in the event of non-performance of the transaction by the third party (for example, non-payment) arises. The liability of the commission agent also arises if he did not show the necessary diligence when choosing a third party. But for the validity of the transaction, the commission agent is responsible to the committent in any case. A variation of the commission agreement is the consignment agreement.
The commission agreement is a paid agreement. According to it, the committent pays the commission agent remuneration in the form of an agreed percentage of the transaction amount or the difference in price.
The third group of intermediaries are attorneys who enter into transactions with third parties on behalf and at the expense of the represented party (principal). An agency agreement is concluded between the attorney and the principal (committent). The attorney undertakes to perform any actions, most often related to finding a partner and concluding a deal for the sale of goods with him. To perform these actions, the principal issues a power of attorney to the attorney. Since attorneys make transactions on behalf of and at the expense of principals, there are no disputes between them and third parties legal relations, the rights and obligations under the transaction arise between the third party and the committent. This is the difference between a commission agreement and a commission agreement.
The fourth group is those intermediaries who enter into an agreement with the manufacturer, exporter to grant them the right to sell goods. Under this agreement, the manufacturer or exporter undertakes to supply the goods, and the intermediary to buy it from them for resale to third parties already on their own behalf and at their own expense. Such intermediaries are called merchants, dealers, distributors, depending on the terminology adopted in the country.
All these intermediaries operate in the distribution system of goods, reselling them. Dealers are closest to the end consumer. In addition, they are also engaged in reselling valuable papers and currencies. Distributors, being intermediaries between the manufacturer and the consumer, stand closer to the manufacturer. The firm may have its own distributor for the sale of its products abroad. He creates his own sales network, consisting of different links. One of these links are dealers.
Under a contract for granting the right to sell, the same legal relations arise as under a contract of sale. But unlike the usual resale of goods, the intermediary is obliged to sell the purchased goods on the terms determined by the agreement. As a rule, the agreement establishes a minimum sales volume for certain period time, the territory in which the intermediary can sell the goods is determined. The intermediary is obliged to organize advertising, pre-sales service (showrooms, exhibitions of samples), subsequent Maintenance. The intermediary undertakes to respect the interests of the represented party, not to create competition for it, to provide conditions for its goods that are no worse than for the goods of other clients.
The agreement may grant a monopoly right to this intermediary to sell goods in a certain territory. Then the party he represents (manufacturer, exporter) cannot sell in the given territory, either independently or through other intermediaries, goods of the nomenclature that is stipulated by the agreement. And if he does, he must pay a fee to the monopoly intermediary. Similarly, it may be stipulated in the agreement that the intermediary does not have the right to enter into agreements on granting the right to sell with other suppliers.
Intermediaries in this group receive remuneration in the form of the difference between the purchase price of the goods from the exporting manufacturer and the price of its resale.
Russian legislation does not regulate trade and intermediary activities. The Civil Code of the Russian Federation contains articles containing norms on a commission and agency agreement, and also contains the concept of an agency agreement.
Consider the procedure for recording operations under a commission agreement in accounting. Settlements between the committent and the commission agent are carried out through account 76 “Settlements with different debtors and creditors”. At the same time, they open sub-accounts to account 76: commission agent - “Settlements with the committent”, committent - “Settlements with the commission agent”. The commission agent reflects the goods received for the commission on the off-balance account 004 "Goods accepted for the commission". The committent, transferred to the commission, takes into account on the sub-account opened to account 45 “Goods shipped on commission
Due to the lack of experience in conducting foreign economic activity, the export of goods is often carried out with the participation of intermediaries - specialized organizations that represent the interests of Russian sellers in foreign trade transactions. This article is about legal framework and the procedure for recording the export of goods in the records of sellers.
Under the export of goods, in accordance with paragraph 28 of article 2 federal law dated 08.12.2003 N 164-FZ "On the basics state regulation foreign trade activities" means the export of goods from the Russian Federation without the obligation to re-import.
When exporting goods under the customs regime of export with the participation of a Russian intermediary, the relationship between the seller of goods and the intermediary may be based on an agency, commission or agency agreement. Depending on the type of intermediary agreement concluded between them, the party that will subsequently conclude a foreign economic contract with a foreign buyer will be determined - it can be either the exporter himself or the intermediary.
Under an agency agreement, the attorney undertakes to perform certain legal actions on behalf and at the expense of the principal (clause 1 of Article 971 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation)), and the rights and obligations under the transaction made by the attorney arise directly from the principal. Consequently, if the relationship between the seller of goods and the intermediary will be built on the basis of an agency agreement, then the intermediary will conclude a foreign trade contract with a foreign buyer of goods on behalf of the exporter (principal), while the exporter himself will be liable under the contract.
Under a commission agreement, the commission agent undertakes, on behalf of the principal, for a fee, to make one or several transactions on his own behalf, but at the expense of the principal (paragraph 1 of Article 990 of the Civil Code of the Russian Federation). Under a transaction made by a commission agent with a third party, the commission agent acquires rights and becomes obligated, even if the committent was named in the transaction or entered into direct relations with the third party to execute the transaction.
Thus, if the export is carried out through a commission agent, then the intermediary concludes a foreign trade contract on his own behalf, he also becomes obligated under the foreign trade contract, as indicated by the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of July 28, 2009 N 2823/09 in case N A32-21781/2006-57/430-2007-57/235-3/556.
In practice, when concluding a commission agreement, the committent often takes for granted the imposition of liability on the commission agent in case of improper performance by a foreign buyer of his obligations under a foreign trade contract, for example, untimely payment for goods. However, the specified requirements of the committent are lawful only if the commission agent assumes a guarantee for the execution of the transaction by the foreign partner (delcredere) (paragraph 1 of Article 991 of the Civil Code of the Russian Federation). Such actions of the intermediary are subject to additional payment on the part of the committent, that is, in addition to the commission, the owner of the goods is obliged to pay the commission agent an additional remuneration, the amount and procedure for payment of which are determined by the commission agreement itself.
Chapter 52 "Agenting" is devoted to the agency agreement in the Civil Code of the Russian Federation.
Under an agency agreement, the agent undertakes, for a fee, to perform legal and other actions on behalf of the principal on his own behalf, but at the expense of the principal or on behalf and at the expense of the principal (paragraph 1 of Article 1005 of the Civil Code of the Russian Federation).
In a transaction made by an agent with a third party on its own behalf and at the expense of the principal, the agent acquires rights and becomes obligated, even if the principal was named in the transaction or entered into direct relations with the third party to execute the transaction. In this case, the agency agreement will be executed as a commission agreement.
According to Art. 990 of the Civil Code of the Russian Federation, under a commission agreement, one party (commission agent) undertakes, on behalf of the other party (committent), to complete one or more transactions on its own behalf, but at the expense of the principal. For this, the commissioner receives a reward.
The exporter, having concluded a commission agreement with an intermediary, instructs him to sell the products to a foreign buyer. The intermediary signs the contract with the buyer on his own behalf. Consequently, it is he who is obliged to ship the goods to a foreigner. And payment for the goods should also go to his account. After all, settlements with foreign buyers are carried out by the organization on behalf of which the contract is signed.
In the contract, the parties may write that the commission agent pays for the transportation of goods to a foreign buyer, its insurance, customs clearance etc. But then all these costs (except for the costs of storing the goods) must be reimbursed by the committent. As stated in Art. 1001 of the Civil Code of the Russian Federation. Moreover, if these costs were paid in
foreign currency, then their commission agent also needs to be reimbursed in foreign currency.
The commission agent may himself reimburse the above expenses at the expense of the consignor's proceeds received by him for the exported goods.
The foreign exchange earnings that the foreign buyer transfers to the commission agent's account belong to the committent. The received export earnings, by agreement between the principal and the commission agent, can be transferred to the principal to a transit currency account (if the currency accounts of the two parties are in different banks) or to a current currency account (if the currency accounts of the parties are in the same bank). The principal may entrust the sale of proceeds to a commission agent, who will subsequently transfer the ruble proceeds from the sale to the principal's settlement account. In this case, a certificate of identification of foreign exchange receipts to the bank must be submitted by the commission agent participating in the settlements.
Since the currency is usually sold at a rate lower than the official one, the commission agreement should indicate who covers the losses from such a sale - the committent or the commission agent.
The commission fee to the intermediary can be paid both in foreign currency and in rubles.
In accordance with Ch. 25 tax code RF “Corporate Income Tax” losses from the sale of foreign currency at a rate lower than the official rate are included in non-operating expenses, reducing taxable profit (clause 6, clause 1, article 265 of the Tax Code of the Russian Federation).
Accounting for the export of goods at the commission agent
The commission agent reflects the expenses for the execution of the contract on account 26 “General business expenses”. Then these expenses are written off to the debit of account 90 "Sales"
However, this does not apply to those expenses that, under the terms of the contract, the committent reimburses the commission agent. They need to be reflected on account 76 "Settlements with various debtors and creditors."
The received remuneration of the commission agent is subject to VAT at the rate of 18%. Moreover, since it was received in a foreign currency, it must be converted into rubles to calculate VAT.
This calculation is made at the rate Central Bank RF, established on the date of the implementation of intermediary services (clause 3, article 153 of the Tax Code of the Russian Federation).
In other words, if the commission agent determines the revenue for tax purposes “by shipment”, then it must be converted into rubles at the official rate as of the date of signing the certificate of completion.
If the proceeds are determined "by payment" - at the official rate that was in effect on the day when the commission agent withheld the remuneration from the committent's proceeds.
Example 3
LLC "Stella" (committent) entered into a commission agreement with CJSC " New world"(commission agent). According to this agreement, CJSC Novy Mir must sell the products of LLC Stella abroad at a price of $ 50,000. CJSC Novy Mir receives a reward for this.- $3,000 (including VAT - $457.6), which is withheld from the committent's proceeds.
Cost of exported productsequal to 900,000 rubles.
The commission agent entered into a foreign trade contract in the amount of $ 50,000. Under the terms of this contract, the ownership of the products passes to the foreign buyer after the products pass customs clearance and are shipped to the carrier. The customs declaration was drawn up by the committent.
For the delivery of products to the buyer, the commission agent paid the carrier $10,000. Then the commission agent withheld this amount from the committent's proceeds. In addition, the committent reimbursed the commission agent:
1) losses from the purchase of the currency necessary to pay for the transportation of products - 1,000 rubles;
2) the cost of paying the bank remuneration for the purchase of foreign currency - 900 rubles. (including VAT - 137 rubles).
The official US dollar exchange rate set by the Central BankRF, was:
· on the day when the products were shipped to the carrier - 25.25 rubles;
On the day when the proceeds were received from the buyer and the committent paid off the commission agent - 25.42 rubles.
To pay for the carrier's services, the commission agent's bank purchased foreign currency for him at the rate of 25.10 rubles. for US dollars. Suppose that on this day the official exchange rate was 25 rubles. for US dollars. Own expenses of CJSC Novy Mir for the execution of this agreement(staff salaries and unified social tax) amounted to 40,215 rubles.
Having accepted the products of the consignor for commission, the accountant of CJSC Novy Mir made the following entry in the accounting:
Dt 004 - 900,000 rubles. - Accepted products for commission.
The purchase of foreign currency to pay the carrier's invoice is reflected in the commission agent's accounting as follows:
Dt 57 Kt 51 - 251,000 rubles. ($10,000x RUB 25.10 / $) - rubles deducted from the settlement account of the commission agent for the purchase of foreign currency;
Dt 52 subac. "Current currency account" Kt 57
- $ 10 000 ($10,000 x 25 rubles / $=250,000 rubles) ? the acquired currency is credited to the transit currency account;
Dt 76 subaccount. “Settlements with the principal in rubles” Kt 57 - 1,000 rubles. $ 10,000 x (25.10 RUB / $ - 25 RUB / $) - reflects the difference between the purchase rate foreign currency and the exchange rate of the Central Bank of the Russian Federation;
Dt 76 subaccount. "Settlements with the principal in rubles" Kt 76 subaccount. "Settlements with the bank" - 900 rubles. - accrued remuneration to the bank for the purchase of foreign currency (including VAT);
Dt 76 Kt 51- 900 rubles. - written off the bank's remuneration.
Payment for the services of the carrier is reflected in the accounting of the commission agent as follows:
Dt 60 subac. "Advances issued" Kt 52 subaccount. "Current currency account" - $ 10,000 ($ 10,000 x 25.25 rubles / $ = 252,500 rubles) - an advance payment was transferred to the carrier.
After the products are shipped to the carrier, the accountant of Novy Mir CJSC will make the following entries.
Kt 004 - 900,000 rubles. - shipped products to the carrier
Dt 76 subaccount. “Settlements with the principal in foreign currency” Kt 60 subaccount. “Advances issued” - $ 10,000 ($ 10,000 x 25.25 rubles / $ = 252,500 rubles) - reflects the debt of the committent for the transportation of products;
Dt 60 subac. "Advances issued" Kt 91 subaccount. "Other income" - 2,500 rubles. ($ 10,000 x ($ 25.25 - 25.00 rubles / $)) - a positive exchange rate difference is reflected in settlements with the carrier;
Dt 62 Kt 76 subac. “Settlements with the principal in foreign currency” - $ 50,000 ($ 50,000 x 25.25 rubles / $ = 1,262,500 rubles) - the debt of a foreign buyer has been accrued.
Receipt of payment from the buyer and settlements with the committent by the commission agent are reflected as follows.
Dt 52 subac. “Transit currency account” Kt 62 - $50,000 ($50,000 x 25.42 rubles / $ = 1,271,000 rubles) - proceeds received from a foreign buyer;
Dt 62 Kt 91 subac. "Other income" 8,500 rubles. ($50,000 x (25.42 RUB/$ - 25.25 RUB/$)) ? a positive exchange rate difference is reflected in settlements with a foreign buyer;