Topic 16. AUDIT OF CONTRACTUAL RELATIONSHIPS

When auditing contractual relations, the auditor checks not only the legal aspects of the operation of contracts, but also their impact on the procedure for reflecting transactions related to them in accounting. A legal expert may be used to conduct the verification.

16.1. Contract of sale

This type of contracts is most common in business practice and contributes, on the one hand, to ensuring the production process, and on the other hand, to the realization of the main goal of creating and operating commercial enterprises - making a profit.

An audit can be carried out selectively (if there are a large number of counterparties) or in a continuous manner. In both cases, it is necessary to identify and subject to more thorough verification agreements (contracts) for large (for a given enterprise) amounts and agreements with special conditions of supply or transfer of ownership.

Under the contract of sale, one party (the seller) undertakes to transfer the thing (goods) into the ownership of the other party (the buyer), and the buyer undertakes to accept this goods and pay a certain amount of money for it (paragraph 1 of article 454 of the Civil Code). In particular, the obligation to transfer the goods is considered fulfilled at the time of the transfer of the goods to the buyer or at the time of delivery of the goods to the carrier (Article 458 of the Civil Code). The buyer is obliged to pay for the goods in the manner and within the time specified in the contract of sale (Article 486 of the Civil Code).

The obligation of the seller to transfer the goods to the buyer is considered fulfilled at the moment the goods are placed at the disposal of the buyer. The goods are considered to be placed at the disposal of the buyer when, by the time stipulated by the contract, the goods are ready for transfer at the appropriate place and the buyer, in accordance with the terms of the contract, is aware of the readiness of the goods for transfer. The goods are not recognized as ready for transfer if they are not identified for the purposes of the contract by marking or otherwise (clause 1 of article 458 of the Civil Code). From the moment when, in accordance with the law or the contract, the seller is considered to have fulfilled his obligation to transfer the goods to the buyer, the risk of accidental loss of the goods passes to the buyer (paragraph 1 of article 459 of the Civil Code).

The consequences of violation of the conditions on the assortment of goods are indicated in Art. 468 of the Civil Code, the rules of which apply, unless otherwise provided by the contract of sale (clause 6 of article 468 of the Civil Code).

Delivery contract - a type of contract of sale (clause 5 of article 454 of the Civil Code), which may provide for the retention of ownership of the shipped goods by the seller until payment is received from the buyer (article 491 of the Civil Code).

Fines, penalties, forfeits for violation of the terms of contracts are non-operating income, which are accepted for accounting in amounts awarded by the court or recognized by the debtor, in the reporting period in which the court made a decision on their collection or they are recognized as a debtor (clauses 8, 10.2 , 16 PBU 9/99 "Income of the organization", approved by order of the Ministry of Finance of the Russian Federation of 06.05.1999 No. 32n).

The procedure for tax accounting of non-operating income in the form of fines, penalties or other sanctions for violation of contractual obligations is determined by Art. 317 of the Tax Code, according to which taxpayers who determine income on an accrual basis reflect the due amounts of these incomes in accordance with the terms of the contract. If the terms of the contracts provide for all the circumstances under which counterparties are liable in the form of penalties or damages, then income is recognized as received by the taxpayer when these circumstances arise, with which the terms of the contract link the occurrence of penalties or compensation for losses, regardless of the claims presented by the taxpayer to the counterparty , but in the absence of objections of the debtor.

According to the International Rules for the Interpretation of Trade Terms "INCOTERMS" (publication of the International Chamber of Commerce, 1990, No. 460), the terms of delivery and fulfillment of obligations when trading with foreign counterparties are determined.

Contracts for the performance of work (provision of services) differ from supply contracts in the absence of a material base.

In this case, the contracting authority bears certain costs associated with its production and economic activities or ensuring this activity. In this case, there is no receipt of inventory items, but the auditor must control the validity of attributing these costs to the relevant accounting accounts.

16.2. Construction contracts

The legal relations of the parties under a construction contract are regulated by paragraph 3 of Ch. 37 GK. According to Art. 740 of the Civil Code, under a construction contract, the contractor undertakes to build a certain facility on the instructions of the customer or perform other construction work within the period established by the contract, and the customer undertakes to create the necessary conditions for the contractor to perform the work, accept their result and pay the stipulated price.

The proceeds from the performance of construction work serve as income for construction organizations for ordinary activities on the basis of paragraph 5 of PBU 9/99 "Income of the organization", approved by order of the Ministry of Finance of the Russian Federation dated 06.05.1999 No. 32n. At the same time, according to paragraph 13 of PBU 9/99, an organization can recognize in accounting the proceeds from the performance of work as the work is ready (i.e., in stages) or upon completion of the work as a whole.

A similar procedure for the recognition of revenue by construction organizations (contractors) is provided for by PBU 2/94 "Accounting for agreements (contracts) for capital construction", approved by order of the Ministry of Finance of the Russian Federation dated December 20.12.1994, 167 No. 16. According to paragraph 2 of PBU 94/XNUMX, the contractor can apply two methods determining the financial result depending on the accepted forms of determining income. When determining income as individual work is completed on structural elements or stages, the "Income on the cost of work as it is completed" method can be applied.

When applying the method "Income on the cost of work as they are ready", the financial result of the contractor is revealed for a certain reporting period of time after the complete completion of individual work on the structural elements or stages provided for by the project, as the difference between the volume of work performed and the costs attributable to them (p 17 PBU 2/94).

To summarize information on the stages of work completed in accordance with the concluded agreements, which have independent significance, the Chart of Accounts provides account 46 "Completed stages of work in progress". The debit of account 46 "Completed stages of work in progress" takes into account the cost of the stages of work completed by the organization, paid by the customer, accepted in the prescribed manner, in correspondence with account 90 "Sales", subaccount 90-1 "Revenue". At the same time, the amount of costs for completed and accepted stages of work is debited from the credit of account 20 "Main production" to the debit of account 90 "Sales", subaccount 90-2 "Cost of sales".

The amounts of funds received from customers in payment for completed and accepted stages are reflected in the debit of cash accounts in correspondence with account 62 "Settlements with buyers and customers". The indicated amounts are considered advance payments for the organization and are also accounted for separately on account 62. Upon completion of the entire work as a whole, the cost of the stages paid by the customer, recorded on account 46 "Completed stages for work in progress", is written off to the debit of account 62 "Settlements with buyers and customers", i.e. account 46 is closed after the delivery of the completed construction object to the customer.

When recognizing proceeds from the performance of work by stages, the delivery of a separate stage of the work performed for tax purposes is considered as the sale of these works with the accrual and payment of taxes established by law on such sale.

In accordance with sub. 1 p. 1 art. 146 of the Tax Code, the delivery of the results of completed construction work is recognized as an object of taxation for value added tax. The tax base for the delivery of the results of completed construction work is determined as the cost of these works, calculated on the basis of prices determined in accordance with Art. 40 of the Tax Code (clause 1 of article 154 of the Tax Code). At the same time, the tax base is determined taking into account advance and other payments received on account of the forthcoming performance of work (clause 1, article 162 of the Tax Code).

16.3. donation agreements

The legal regulation of donation is established by the provisions of Ch. 32 "Donation" of the Civil Code. According to paragraph 1 of Art. 572 of the Civil Code, under a gift agreement, one party (donor) transfers free of charge or undertakes to transfer to the other party (donee) a thing in ownership, or a property right (claim) to itself or to a third party, or releases or undertakes to release it from a property obligation to itself or to third party.

Since the transfer on a gratuitous basis (donation) of goods is considered an object of VAT taxation (subclause 1, clause 1, article 146 of the Tax Code), the amount of VAT paid to the supplier of goods and lawfully accepted for deduction on the basis of the supplier's invoice (subclause 2, clause 2 171 article 1, paragraph 172 article XNUMX of the Tax Code), is not subject to restoration.

16.4. Agency contract

The legal relations of the parties under the agency agreement are regulated by Ch. 52 "Agenting" of the Civil Code.

According to paragraph 1 of Art. 1005 of the Civil Code, 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.

Article 1011 of the Civil Code determines that the rules stipulated by Ch. 49 "Order" or Ch. 51 "Commission" of the Civil Code, depending on whether the agent acts under the terms of this agreement on behalf of the principal or on his own behalf, if these rules do not contradict the provisions of Ch. 52 "Agenting" of the Civil Code or the essence of the agency agreement. In this case, the agent acts on his own behalf, therefore, the rules established by Ch. 51 "Commission" of the Civil Code.

In accordance with Art. 1001 ch. 51 of the Civil Code, the committent is obliged, in addition to paying the commission fee, to reimburse the commission agent for the amounts spent by him on the execution of the commission order.

The transfer of funds to the agent for the performance of the contract is reflected in the accounting records of the organization in accordance with the Chart of Accounts for Accounting for the Financial and Economic Activities of Organizations and the Instructions for its Application, approved by Order of the Ministry of Finance of the Russian Federation dated October 31.10.2000, 94 No. creditors" in correspondence with the credit of account 76 "Settlement accounts".

Paragraph 1 of Art. 996 of the Civil Code establishes that things acquired by the commission agent at the expense of the committent are considered the property of the latter. Thus, despite the fact that the agent purchases imported raw materials on its own behalf, this operation is reflected in the accounting records of the principal organization as the purchase of raw materials by import. In addition, exchange differences arising from the agent when purchasing imported raw materials for the principal organization are charged to the principal organization on the basis of Art. 1001 of the Civil Code as expenses associated with the execution of the order.

16.5. Contracts for the implementation of research and development work

The legal relations of the parties under the contract for the performance of research work are regulated by Ch. 38 "Performance of research, development and technological work" GK.

Under the contract for the performance of scientific research (hereinafter referred to as R&D), the contractor undertakes to conduct scientific research stipulated by the customer's technical assignment, and the customer undertakes to accept the work and pay for it (clause 1 of article 769 of the Civil Code). According to paragraph 1 of Art. 770 of the Civil Code, with the consent of the customer, the contractor has the right to involve third parties in the execution of the contract for the performance of research and development.

The transfer of an advance payment under a contract for developmental development (hereinafter referred to as R&D) is reflected in the debit of account 60 "Settlements with suppliers and contractors" in correspondence with the credit of account 51 "Settlement accounts" (Instruction on the application of the Chart of Accounts for accounting of financial and economic activities of organizations.

In accordance with clause 5 of PBU 17/02, information on R & D expenses is reflected in accounting as investments in non-current assets.

According to the Instructions for the application of the Chart of Accounts, expenses for completed R&D are debited from account 08, subaccount 08-8, to the debit of account 04 "Intangible assets", which are accounted separately, if the conditions listed in paragraph 7 of PBU 17/02 are met.

In accounting, the write-off of expenses for OKR can be carried out in a linear way within a period independently established by the organization in the accounting policy, but not more than five years (clause 11 PBU 17/02).

For the purposes of taxation of profits in accordance with paragraphs 1, 2 of Art. 262 of the Tax Code, R & D and (or) R & D expenses are recognized as expenses related to the creation of new or improvement of manufactured products (goods, works, services), after the completion of these studies or developments (completion of individual stages of work) and signing by the parties of the acceptance certificate. The specified expenses are evenly included by the taxpayer into other expenses within three years, subject to the use of the specified research and development in production and (or) in the sale of goods (performance of work, provision of services) from the 1st day of the month following the month in which the such studies (separate stages of research).

In accounting, expenses for R&D can be written off in a linear way within a period independently set by the organization based on the expected period of use of the results of R&D, during which the organization can receive economic benefits (income), but not more than five years (clause 11 PBU 17 /02).

16.6. Loan agreements

Under a loan agreement, a bank or other credit institution (creditor) undertakes to provide funds (credit) to the borrower in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the amount of money received and pay interest on it (paragraph 1 of article 819 of the Civil Code).

The auditor should be convinced of correctness of classification of credit agreements on long-term and short-term; intended use of funds; correct reflection of accrued and paid interest for the use of credit funds.

During the audit, the most common types of errors and violations under the item of accounting (financial) statements "Loans and credits":

1) violation of the principles of valuation of non-current and current assets, for the acquisition (creation) of which the funds of loans and credits were attracted:

a) inclusion in the inventory value of non-current assets of interest on loans and credits attracted for their acquisition (creation) after the registration of these objects;

b) incorrect formation of the initial cost of financial investments acquired with borrowed funds;

c) incorrect formation of the actual cost of inventories acquired using loans and credits;

2) attribution to own sources of funds of interest on loans and credits in excess of the standard established by Ch. 25 NK;

3) allocation to own sources of funds of interest on loans and credits received in foreign currency at a rate exceeding 15%;

4) overstating the amount of income tax by including interest on interest-free loans in non-operating income;

5) incorrect calculation of exchange rate and sum differences arising in connection with obtaining bank loans in foreign currency;

6) incorrect reflection in the accounting of liabilities to third parties in connection with relations related to obtaining loans and credits.

In accordance with the Chart of Accounts for the financial and economic activities of organizations and the Instructions for its application, information on the status of short-term (for a period not exceeding 12 months) loans received by the organization is reflected on account 66 "Settlements on short-term loans and loans", on long-term loans and loans on account 67 "Settlements on long-term credits and loans". The interest payable on the received loan is taken into account on accounts 66 and 67 separately. In accounting, segregation can be ensured by opening the corresponding sub-accounts to accounts 66, 67, for example 66-1 "Calculations on the principal amount of the debt", 66-2 "Calculations on accrued interest".

In accounting, information on the costs associated with the fulfillment of obligations on loans and credits received is formed in accordance with the requirements of PBU 15/01 "Accounting for loans and credits and the costs of servicing them", approved by order of the Ministry of Finance of the Russian Federation dated 02.08.2001 No. 60n.

16.7. Surety agreements

Under a surety agreement, the guarantor undertakes to be responsible to the creditor of another person for the fulfillment by the latter of his obligations in full or in part (Article 361 of the Civil Code). According to Art. 323 of the Civil Code, solidary debtors remain obligated until the obligation is fully performed. These agreements may indicate the affiliation of the parties and, in this regard, require special attention of the auditor.

The guarantor who has fulfilled the obligation shall transfer the creditor's rights under this obligation to the extent that the guarantor has satisfied the creditor's claim. The guarantor is also entitled to demand from the debtor the payment of interest on the amount paid to the creditor and compensation for other losses incurred in connection with the liability for the debtor. Upon fulfillment by the guarantor of the obligation, the creditor is obliged to hand over to the guarantor the documents certifying the claim against the debtor and transfer the rights securing this claim (clauses 1, 2 of article 365 of the Civil Code). Consequently, from the moment the guarantor fulfills the creditor's demand from the borrowing organization, the initial requirement for repayment of the loan ceases and a new obligation arises - to the guarantor.

Authors: Erofeeva V.A., Piskunov V.A., Bityukova T.A.

<< Back: Audit of expenses and income of an organization (Audit of expenses. Audit of work in progress accounting. Audit of settlements with customers and the procedure for determining revenue. Completed stages of work. Audit of financial results)

>> Forward: Audit of payroll calculations (Goals and objectives of the audit of wage calculations. Preparation of working documentation for the audit. Methods for obtaining audit evidence. Planning the scope of the audit. Accrual and payment of wages. Deductions from wages. Audit of wage payments. Providing leave. Unified social tax, pension contributions fund and insurance fund. Payment of benefits for temporary disability. Dismissal of employees. Audit of other issues regarding accruals and payments to the organization’s personnel)

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