How to correctly make entries under an agency agreement?

Agency agreement and its features

The parties signing the contract are called the principal (service customer) and the agent. Accounting for agency agreements, including remunerations thereunder, is determined by the following conditions:

the agent acts on behalf of himself or on behalf of the principal;
does the agent take part in the settlements;
whether goods are stored in the agent's warehouses;
the procedure for calculating remuneration (in the form of a percentage of the transaction, a fixed amount, as part of amounts received from third parties, or as a payment from the principal, etc.);
agent reporting procedure, reporting composition, frequency;
other significant nuances of the contract.

A form of the agent’s report to the customer of services is developed and attached to the contract. Supporting documentation is attached to this primary document - the expenses reimbursed to the agent and the calculation of his remuneration.

Agency reporting is an important factor that determines the contract and minimizes problematic issues under it. In practice, controversial situations can arise both between the parties to the contract (up to and including lawsuits), and between the company and the regulatory authorities in terms of confirming settlements with primary documents.

In addition to the report with attachments, an accountant can work with the following documents:

agreements, acts, invoices – documents of the counterparty, if the agent acts directly on behalf of the principal (or copies thereof, if on his own behalf);
invoices for agent remuneration.

Note! If the agent is a VAT payer, he is obliged to issue invoices with VAT charged on them (Tax Code of the Russian Federation, Article 146, paragraph 1-1, Article 156, paragraph 1). This procedure also applies in cases where the goods, the subject of purchase and sale, are exempt from VAT (Tax Code of the Russian Federation, Article 149, paragraph 7). There are exceptions to this rule (Tax Code of the Russian Federation, Article 156, paragraph 2), for example, some medical products.

Inevitable transactions under an agency agreement

Tax and accounting of the company's cash receipts is directly related to the terms of the agreement, according to which, in fact, the money was received. First of all, they should not be neglected by organizations that have entered into an agreement and operate in the interests of the principal. Otherwise, errors in recording income and expenses will be almost inevitable.

Liability of an agent The definition of an agency agreement is given by Article 1005 of the Civil Code. Thus, in accordance with this type of contract, one party (agent) undertakes, for a fee, to perform on behalf of the other party (principal) any actions on its own behalf, but at the expense of the principal, or on his behalf and at his own expense. Moreover, in the first case, the agent is responsible for fulfilling the contract and acquires rights under it. And if he makes a transaction on behalf of the principal, then the rights and obligations arise with the latter.

In fact, an agency agreement has much in common with commission and assignment agreements. However, there are some differences. Their essence is that the agency agreement provides not only for the execution of transactions (as an agency and commission agreement), but also for the performance of actual actions. For example, this could be collecting information, preparing and conducting negotiations.

One of the most active organizations that use agency agreements in their work are, in particular, cellular communication stores. Such companies provide the operator (aka the principal) with services for accepting payments from subscribers for mobile communications and transfer the money received to him. In this case, the work takes place according to the following scheme: payments from subscribers are received at the cash desk of the salon, of which the operator receives a notification; then the funds are credited to the current account of the agent company and subsequently sent to the operator’s current account. It should be taken into account that the rights and obligations under the contract, stipulated by the payment by subscribers, arise specifically with the telecom operator. Representatives of the Department of Tax Administration for Moscow drew attention to this fact in their letter dated November 21, 2005 No. 18-12/3/85786.

Accounting for remuneration How should the accounting and taxation of transactions performed under an agency agreement be organized? Experts from the Moscow Accountant magazine propose to study a similar issue using the example of an agreement between an agent organization - a communication store and a principal - operator. In such relationships, funds received from subscribers to the agent’s cash desk are not recognized as income either in accounting or tax accounting (clause 3 of PBU 9/99, approved by Order of the Ministry of Finance dated June 6, 1999 No. 32, sub. 9 clause 1 article 251 of the Tax Code). Money is accepted for accounting simultaneously with the reflection of accounts payable to the telecom operator for the transfer of payments received from the subscriber. The amount of remuneration due to the agent is withheld from the money to be transferred to the principal. As for the communication store, in its accounting such funds are recognized as income from ordinary activities as revenue from the provision of services (clause 5 of PBU 9/99). Note that settlements with the telecom operator for payments received from subscribers and for the amount of remuneration due to the company in analytical accounting are carried out using account 76 “Settlements with various debtors and creditors”. In tax matters, such revenues are included in income from sales minus VAT (clause 1 of Article 248, clause 1 of Article 249 of the Tax Code). Do not forget that the agent organization must calculate the same VAT for payment to the budget from the amount of the commission (subclause 1, clause 1, article 146, clause 1, article 156 of the Tax Code).

Example LLC "Prestige", which is the owner of a communication store, provides the operator with services for accepting payments from subscribers for mobile communications. The received payment is credited to the organization's current account and no later than the next day is transferred to the operator's current account. The cost of services is 1.5 percent of the amount of each payment. During the current month, funds in the amount of 800,000 rubles were received from subscribers. For separate reflection in analytical accounting for account 76, the following designations were used: 76-p “Debt to the telecom operator for payments received from subscribers”, 76-v “Debt of the telecom operator for the amount of remuneration”. The accountant will make the following entries: Debit 50 Credit 76-p – 800,000 rubles. – funds have been received at the cash desk as payment for communication services of a mobile operator; Debit 57 Credit 50 – 800,000 rub. – reflects the amount of funds handed over to the bank’s collection service for depositing into the organization’s current account; Debit 51 Credit 57 – 800,000 rub. – funds are credited to the organization’s current account; Debit 76-v Credit 90-1 – 12,000 rubles. (RUB 800,000 x 1.5%) – the remuneration due to the organization has been accrued; Debit 90-3 Credit 68 – 1830 rub. (RUB 12,000: 118 x 18) – VAT is charged on the remuneration amount; Debit 76-p Credit 76-v – 12,000 rubles. – the amount of remuneration is withheld; Debit 76-p Credit 51 – 788,000 rub. (800,000 rubles – 12,000 rubles) – funds were transferred to the telecom operator (minus the withheld remuneration).

Who will take into account the costs of the loan? Suppose an agent, in order to fulfill the terms of the contract in the interests of the principal, takes out a loan from a third party. In such a situation, the question will certainly arise: which of the participants in the agency agreement should include in the tax base the costs of paying interest on loans?

If we take into account the norms of both civil and tax legislation, the following conclusion suggests itself: the costs associated with repayment under loan (credit) agreements, including the payment of interest, are the direct expenses of the principal. The agent does not take them into account when determining the “profitable” base. For greater clarity, you can study the text of the letter of the Ministry of Finance dated May 17, 2006 No. 03-03-04/1/463. It says in black and white that if the agent incurred expenses that the principal reimbursed him, then the expenses do not reduce taxable income. If the agent incurs expenses that are not reimbursed by the “customer,” then he has the right to include them in expenses. Naturally, expenses must meet the requirements of paragraph 1 of Article 252 of the Tax Code.

accounting entries with an agent under an agency agreement

Agency fees in accounting for principal and agent

The remuneration of agents in accounting is directly related to the receipt of money, the calculation of VAT, and payment for goods, so the transactions must be considered in their entirety.

The agent's basic invoice correspondence schemes will be below.

This option is used when the agent works directly for the customer. He does not own the goods, he has no income (expenses) from third-party goods and materials (PBU 9/99):

DT 51 - CT 76 - money was received from the principal to pay for the transaction (including VAT and remuneration).
DT 76 - CT 90/1 - agency fees are reflected in accounting.
DT 90/3 - KT 68/2 - VAT on remuneration.
DT 60 - CT 51 - paid to the counterparty for the MC for the customer.
DT 76 - CT 60 - agency expenses (reimbursable) are reflected in accounting, including VAT.

Customer goods are accounted for on an off-balance sheet basis - D002. After shipment to the customer, the MC is written off from K002.

The scheme is applied by the agent when he acts as an intermediary:

DT 62 - CT 76 - revenue according to the contract.
DT 51- CT 62 - the buyer transferred the money.
DT 76 - CT 51 - transfer of money for sold goods and materials to the customer (minus remuneration).
DT 62 - CT 90/1 - the agent’s remuneration is reflected in the accounts.
DT 90/3 CT 68/2 - VAT on remuneration.
DT 76 CT 62 - agent’s remuneration to be credited.

Off-balance sheet accounting of inventory items is maintained: D004 – capitalization of inventory items for sale, K004 – sold assets are written off. Accounting for the customer of services, the principal, reflects the other side of the same transaction. The postings are similar to those used for settlements with suppliers, but they also reflect the work of the agent.

The scheme applies if the agent works directly on behalf of those who ordered the services:

DT 76 - CT 51 - money was transferred to the agent for various purposes (purchase of goods and materials, reimbursement of expenses, remuneration).
DT 41 - KT 76 - goods were purchased through an agent (remuneration, TZR, is added to the cost of the goods by the same transaction).
DT 19 - KT 76 - VAT on the purchase price of goods (the same posting takes into account VAT on remuneration, TZR).
DT 68/2 CT 19 - VAT deductible.

Examples of reflecting transactions

In practice, various options for the above correspondence accounts can be used. Let's look at some examples of such transactions and how transactions are reflected in accounting records.

Example 1 (customer accounting)

produces stone products. attracts clients for it according to the GPC agreement, the remuneration is 6% of sales. At the end of the month, payment for the product amounted to 150,000 rubles, the cost of products was 100,000 rubles.

Agent's remuneration in costs:

150,000*6% - (150,000*6% *20%) = 7200.00 rub. D 20 - K 76 - 7200.00.
7200 *20% = 1440.00 - VAT is charged on the remuneration. D 19 - K 76 - 1440.00.
D 68/2 - K 19 - 1440.00 - accepted for deduction of VAT on remuneration.
D 90 - K 20 - 100,000.00 - written off products (including costs for agency services).

Agency fee in settlements with the agent: 150,000 * 6% = 9,000 rubles. Income minus remuneration: 150,000 - 9000 = 141,000.00 rubles. D 51 - K 62 - 141,000.00 - income received minus remuneration. D 76 - K 62 - 9000.00 - the remuneration is offset against payment from the buyer.

Example 2 (accounting with an agent)

For a fee of 5% of the goods sold (settlement on payment) the company sells products - equipment for animals. During the month, goods worth 100,000 rubles were shipped, including VAT - 16,666.67 rubles.

Goods sold for 75,000 rubles, including VAT - 12,500 rubles. Payment for goods - 70,000 rubles, including VAT - 11,666.67 rubles. Agent costs 250 rub.

D 004 - 100,000.00 - goods accepted for storage.
D 62 - K 76, K 004 - 75,000.00 - goods sold.
D 51 - K 62 - 70,000.00 - goods paid for.
D 76 - K 76 (according to subaccounts) 70,000.00 - report to the customer for goods sold.
70000*5% = 3500 rub. D 76 - K 90/1 - 3500.00 - remuneration accrued.
D 76 - K 76 - 3500.00 - remuneration is withheld from sales income.
D 90 - K 68/VAT - 583.33 - VAT on remuneration.
3500 - 583.33 - 250 = 2666.67 rubles. - agent's profit. D 90 - K 99/9 - 2666.67.
70,000 - 3500 = 66,500 rubles. revenue minus remuneration. D 76 - K 51 - 66500.00 transfer of proceeds to the customer of services.

Briefly

The accounting of settlements between the principal and the agent depends on the contractual terms. The agent's report forms the basis of the accounting documentation for transactions. Accounting is maintained on accounts for settlements by counterparties - 76, 62, using off-balance sheet accounts 002, 004, as well as standard accounts for income, VAT, and cash.

Features of an agency agreement in accounting

Important: In this article we will look at agency agreements in accounting in the form of step-by-step instructions. Content

1 The concept of an agency agreement and an agent’s report

1.1 Subject and parties of the agency agreement
1.2 Report on the agency agreement

2 Reflection of agency fees in the principal’s accounting

The concept of an agency agreement and an agent's report An agency agreement is a consensual, bilateral and compensated civil law act.

How are the terms of an agency agreement and accounting entries related?

The relationship between the parties under an agency agreement is not limited to the direct purchase or sale of goods (work, services). Effective interaction in a principal-agent pair is impossible:

without competent organization of document flow (including ensuring its completeness and timeliness);
correct use of accounting accounts when reflecting transactions under an agency agreement (for the formation and presentation of reliable reports to interested users, as well as for the error-free execution of tax obligations).

Accounting entries under the agency agreement with the principal

The Agent's report and act are drawn up in any form, since there are no special rules regarding their form and content established by law. Therefore, in the agency agreement, the parties can independently determine the form of these documents and the list of information required by the Principal. Please note that it is necessary that all specified primary documents (including the agent’s report and act) contain all the mandatory details established by clause 2 of Art. 9 of the Federal Law of December 6, 2011 N 402-FZ “On Accounting”. Operations involving the sale of goods (works, services) on the territory of the Russian Federation are recognized as subject to VAT (clauses

1 clause 1 art. 146 of the Tax Code of the Russian Federation). At the same time, the implementation of works (services) by the Principal is subject to VAT, regardless of whether the Principal carries out their implementation on its own behalf, or through an intermediary under an agency agreement. By virtue of clause 3 of Art.

How to establish document flow between the agent and the principal?

The importance of organizing competent document flow cannot be underestimated, since timely received and correctly compiled documents will allow:

confirm expenses and legality of VAT deductions;
prove the case in court when disputes arise between the agent and counterparties.

In addition to the agency agreement, the set of documents includes:

originals of the counterparty's documents - contracts, invoices, invoices, acts, etc. (if the agent acts on behalf of the principal);
copies of the above documents (if the agent acts on his own behalf);
the agent’s report along with documentary copies confirming his expenses;
invoices for agency fees;
other documents (confirming payment of remuneration, other expenses of the agent, etc.).

The types of documents used are agreed upon by the parties to the agency agreement. Including the agent’s report form as a separate appendix to the contract - this document is given the status of a primary document confirming the principal’s expenses in the form of:

agency fees;
expenses reimbursed to the agent.

Articles and messages will tell you about the importance of document flow in the activities of an economic entity:

Accounting for agency agreement

The person on whose behalf the intermediary will act (his own or the principal).
The amount of payment is set as a fixed amount or a percentage of the selected indicator.
Agent's expenses reimbursed under the contract.
Deadlines for submitting a report on fulfilled obligations. The absence of an indication of the frequency of agent reporting allows you to provide data as transactions are completed or the contract expires.

In the standard version, a list of expenses incurred by the agent is presented as part of the reporting. Additional conditions include the conditions for termination and the possibility of assigning rights in the form of a subagency agreement.

Accounting for agent and principal

To reflect transactions under an agency agreement in accounting, various accounting schemes are used to record the relationship between the parties to an agency agreement in the following situation:

sales of products (goods, works, services) by an agent;
purchasing intermediary operations.

Accounting for an agent under an agency agreement and accounting for agency agreements for a principal are presented in the figures:

Agency for sale

Agency for purchase

Features of an agency agreement in accounting

The agent report form is not regulated; each organization has the right to develop its own form to reflect the information it needs. Get 267 video lessons on 1C for free:

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Sample agent report: Accounting with the principal In accounting under an agency agreement on behalf of both the principal and the agent, the costs of its execution are accounted for by the principal. All expenses of the agent for the execution of the contract with the principal are accounted for in account 76. Accounting for VAT on contract services is reflected only by the principal, even if the services are provided on behalf of the agent. The agent takes into account VAT only on the agency fee.

Introduction

Recently, a form of doing business has become widespread, when one party carries out any actions on its own behalf (sale of services, sale of goods), but at the expense of the other party, or on behalf and at the expense of the second party, while the first party to such an agreement receives a certain remuneration for his intermediary services. In simple terms, when a performer undertakes to perform certain actions for a customer, receiving material benefits from this. This type of action occurs within the framework of an agency agreement. What such an agreement is and what are the features of accounting and tax accounting - this article will tell you more about this.

1C Accounting 8 edition 3.0 - Implementation of agency services

In accordance with Ch. 52 of the Civil Code of the Russian Federation, under an agency agreement, one party (agent) undertakes, for a fee, to perform, on behalf of the other party, the principal (principal), legal and other actions on its own behalf, but at the expense of the principal, or on behalf and at the expense of the principal.

Let's look at an example. The organization (Agent) entered into an agency agreement with the principal to provide services on its own behalf. The agency fee is 5% of the cost of services sold and is deducted from funds transferred by buyers.

To be able to reflect agency transactions in the 1C Accounting 8 edition 3.0 program, you need to configure the program. Why, in the Program Functionality on the “Trade” tab, enable the necessary items by checkboxes. In our case, this is the sale of goods or services of principals (principals) (Fig. 1)

Picture 1.

To implement the above example in the program, we will need the following documents: 1. Implementation (Act, invoice). 2. Report to the committent.

In the “Sales” section, we will create a Sales document (Act, invoice) with the type of operation “Goods, services, commission”. In the “Head” of the document, fill in the details of the Counterparty and the contract - the type of contract “With the buyer”. In the tabular part on the “Agency Services” tab we will indicate the nomenclature - the service, its cost, VAT rate. In the counterparty and agreement field, we indicate the principal and the agency agreement (The type of agreement should be “With the principal (principal) for sale”). The contract can specify the option for calculating the agency fee. The settlement account is automatically set to 76.09 “Settlements with various debtors and creditors.” Let's review the document. We will issue an invoice (Fig. 2).

Figure 2.

If the agent sells goods (work, services) of the principal on his own behalf, then the invoice is issued by the intermediary in 2 copies on his own behalf. One copy of this document is handed over to the buyer, and the second is filed in the journal of issued invoices without registering it in the sales book.

After the sale of services, the agent must submit a transaction report to the principal. To perform this operation, as well as to reflect the commission, we need to create a document Report to the Principal, which is located in the “Purchases” section. On the “Home” tab, select the principal and the agency agreement. The commission calculation method will be entered automatically because... We initially specified it in the contract. It is necessary to create, accounting accounts will be automatically filled based on the “Item Accounting Accounts” register. On the goods and services tab, fill out the tabular part using the “Fill in - Fill in sold under the contract” button. We will issue an invoice for the remuneration and look at the document entries. We see that our revenue has been reflected and VAT has been charged. The document settings are shown in (Fig. 3).

Figure 3.

Upon receipt of the report from the agent, the principal must issue invoices for each buyer. The agent must receive a copy of the invoices and register them in the journal of received and issued invoices by the date of receipt.

Invoices - invoices received from the principal are created on the basis of a report to the principal. In the invoice document received, you must indicate the number and date, and in the invoice field issued to buyers, select the invoice issued by the agent to the buyer upon sale. (Fig. 4)

Figure 4.

Now we need to generate reports and make sure that our actions are correct. In the “Reports” section we will create a Journal of received and issued invoices (Fig. 5) and a sales book (Fig. 6).

Figure 5.

Figure 6.

Payment order

Relations between two parties bound by an agency agreement are regulated by Chapter 52 of the Civil Code of the Russian Federation. Article No. 1005 of the Civil Code of the Russian Federation defines such relations:

The procedure for paying commissions is determined by Article 1006 of the Civil Code of the Russian Federation:

To calculate the amount of profit due to the contractor, three methods can be used:

Agency fee expressed as a percentage of the total amount of services or goods sold.
Agency fee, expressed as a percentage of the difference between the cost of selling goods or providing services and the cost upon receipt.
Fixed agent fee.

Contents of the contract

An agency agreement refers to contracts of a civil law nature. There are a number of points that must be spelled out in such a document:

the subject of the contract, that is, what exactly the agent must perform, regardless of whether we are talking about the sale of any goods or the provision of all kinds of services;
names of the parties, details;
determination of the powers of the performer, that is, an indication on whose behalf the intermediary will carry out the agreed activities;
validity period (for a certain period or indefinitely);
reporting procedure;
the payment procedure together with the amount of the fee due;
the procedure for limiting the rights of both parties or one of the parties to the contract;
procedure for terminating the agreement;
force majeure;
procedure for considering controversial issues;
liability of the parties;
signatures.

Such a document is considered to come into force after it is mutually signed by the parties.

In what cases and when is it necessary to withhold agent VAT?

However, it will be possible to deduct VAT only if the services are actually provided and accepted by the customer. In the Russian Federation, this fact is confirmed by the joint signing of an act of services performed. This document is drawn up in free form, but must contain the following necessary data:

list of services provided and their quantitative indicators,
cost of services,
date of acceptance of work (usually coincides with the date of drawing up the act),
signatures and seals of both parties.

The document must be drawn up in Russian (it can be bilingual or with a separate version in Russian).

If an advance is paid for the provision of services, agency VAT must be paid, but it can only be claimed for deduction in the quarter when the services are actually provided.

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Intermediary agreements allow legal entities to defend their legal rights and interests with the help of third-party organizations. An agency agreement, along with a commission and assignment agreement, is one of the most common forms of written agreements. However, for a specific situation, it is very important for the company’s management, and sometimes even for an ordinary person, to choose the right form of transaction that will most closely match the situation and protect against possible abuses.

Essential terms of the agreement Duration of the agency agreement Payments under the agency agreement Features and advantages of the agency agreement

Limitations How to draw up an agency agreement correctly? Agency agreement and taxes An agency agreement today is often used in cases where there is a need to transfer certain functions or powers to a third party (organization, individual entrepreneur, individual), who, as an intermediary, will perform certain actions on behalf of a specific legal entity.

What is an agency agreement? Let's start with the fact that an agency agreement is a document regulating the relationship between the agent (performer), who works for a fee, and the principal (customer). Consequently, such a document is nothing more than a type of civil contract. In this case, the agent (executor), acting on behalf of the customer, can carry out transactions and other legal actions provided for by the contract.

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In essence, an agency agreement replaces a commission agreement (this is true if the agent acts on his own behalf, for example, negotiates or enters into agreements with third parties, which may not indicate that he is an agent) or a commission agreement ( this is true if the agent acts on behalf of the principal under a power of attorney).

Accordingly, if an agent acts on behalf of the principal, then the rights and obligations under the agreement concluded with a third party arise from the principal. But if the agent acts on behalf of the principal, but on his own behalf, then as a result of the transaction it is he who acquires rights and obligations (even if the principal, according to the transaction agreement, enters into a relationship with a third party).

After concluding an agreement, the agent is obliged to perform certain actions in the interests of the principal (and if we are talking about legal actions, the agent must have the appropriate powers, which must be specified in the agreement and confirmed by a power of attorney), and the principal is obliged to pay for his work.

Essential terms of the agreement The essential terms of the agency agreement include: the subject of the agreement (as a rule, these are various legal and factual actions); an indication on whose behalf the agent acts: on his own or on behalf of the principal (sometimes the same agreement determines that in some transactions the agent acts on his own behalf, and in others on behalf of the principal).

Duration of the agency agreement. As for the term of the agency agreement, according to the law it does not relate to the essential conditions, since it can be concluded either for a certain period or without specifying a period of validity. If the contract is concluded for a certain period, then it expires at the end of this period. As for an open-ended contract (it may well take place, since an agency contract, unlike a contract for the performance of specific work, is always of a continuing nature), it can be terminated unilaterally (if one of the parties refuses to further perform its duties ).

There are other reasons why an agency agreement will definitely be terminated: the death of the agent; declaring the agent incompetent; recognition of the agent as missing; recognition of the agent as partially incompetent; declaring the agent bankrupt (this applies to individual entrepreneurs and organizations that are agents).

Payments under an agency agreement

The amount of remuneration, terms and procedure for payments are specified in the contract, and if for some reason the amount is not specified, then payment is made in accordance with the generally accepted tariff for similar services. If the contract does not specify payment terms, then the remuneration is paid within a week from the moment the agent submits a report on the fulfillment of the principal’s instructions.

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Features and advantages of an agency agreement An agency agreement has certain features (you can become more familiar with them by studying a sample agency agreement), which include the following: An agency agreement is of a continuing nature, which means that it cannot be concluded to perform any one specific transaction. That is, under an agency agreement, the agent undertakes to perform (and not perform) certain actions for the principal.

Like a commission agreement, an agency agreement may limit the agent's actions to a certain territory. The contract may contain a provision that the agent undertakes not to enter into similar agreements with other principals or a similar condition for the principal, according to which he cannot enter into such agreements with other agents.

In most cases, an agency agreement implies the possibility of the agent concluding a subagency agreement. That is, the agent can shift his obligations under the contract to a third party (the exception is contracts in which such a possibility is excluded by agreement of the parties). As for the advantages of an agency agreement, they include a wide scope of its application.

After all, such an agreement, which took the most functional parties from the commission agreement and the agency agreement, is almost universal, since within its framework it is possible to provide not only legal, but also many other services, for example, to engage in the sale of goods (while the goods remain the property of the principal until it is sold to end customers), services, real estate, etc.

Limitations It is worth noting that an agency agreement cannot be applied in some areas of commercial activity. These areas include the food trade sector (this means that stores do not have the right to take products for sale with the opportunity to return them at any time), the energy supply and gas supply sector (agency in these areas is unjustified, since consumers in a specific place, like are usually deprived of the opportunity to choose a resource supplying organization).

How to draw up an agency agreement?

services for the sale/purchase of goods, real estate, services); an indication on whose behalf the agent is acting: on his own or on behalf of the principal (or you can choose a mixed option; the “term of the agreement” clause: fixed-term or without indicating the validity period; the procedure for reporting the agent for all actions taken (the terms, procedure and type of reporting should be indicated , as well as documents that will confirm the agent’s expenses);

the amount and procedure for payment of remuneration under the contract (in the absence of such a clause, remuneration will be paid according to the average market cost of similar services); a clause limiting the rights of the parties (for example, it can be stated that the agent does not have the right to enter into a similar agreement with another principal);

At the same time, it is worth remembering that the principal cannot, by agreement, determine the range of customers for the agent; clause on the possibility or impossibility of concluding a subagency agreement (if the possibility of concluding a subagency agreement is provided for, then you need to remember that the subagent will be able to enter into transactions with third parties only in case of sub-agency, and if such a condition is unacceptable, then it is better to indicate that the agent must perform all actions personally and not to resort to the services of subagents);

Agency agreement and taxes In matters of taxation under an agency agreement, everything seems to be clear: for the agent, the tax base consists of the amount of remuneration, and for the principal, payment expenses are other expenses that are associated with the production and sale of goods and services. But, at the same time, tax authorities consider some agency agreements to be a tool for optimizing income tax.

And therefore, their special attention is drawn to such moments as: acting as an agent of a foreign company; the agent has shell companies; use of a special tax regime by the agent. At the same time, in order to confirm the real agency relationship and the business purpose of concluding an agreement, the agent can work with those categories of third parties (buyers, etc.) that cannot be covered by the principal himself, or help expand the territory of the principal’s presence.

In addition, tax authorities are more trustworthy of those agents (we are talking about individual entrepreneurs and organizations) who conduct their activities independently and have the necessary competence and resources for this. Not least important are timely reports from agents that correspond to the actual relationships between the parties, which are a demonstration of real work for the principal.

without competent organization of document flow (including ensuring its completeness and timeliness);
correct use of accounting accounts when reflecting transactions under an agency agreement (for the formation and presentation of reliable reports to interested users, as well as for the error-free execution of tax obligations).

confirm expenses and legality of VAT deductions;
prove the case in court when disputes arise between the agent and counterparties.

sales of products (goods, works, services) by an agent;
purchasing intermediary operations.

Accounting and tax accounting for an agent

The accounting of the parties will differ, or rather, the accounting entries of the agent will differ from the form of entry that is provided for the principal. According to clause 1, art. 146 of the Tax Code of the Russian Federation, the contractual obligations of an intermediary are subject to value added tax; more precisely, not the actions themselves, but the amount of profit that the performer receives after performing the actions specified in the contract. That is, considering the example given above, where the contractor provided services by selling goods with a total value of one hundred thousand rubles for a fee of 5%, it becomes obvious that this particular percentage is subject to VAT taxation.

As for income tax, according to Art. 249 of the Tax Code of the Russian Federation, the agent’s profit will be considered income received for the provision of services or the sale of goods after deducting tax expenses charged to the principal.

This is what the step-by-step accounting entries for the executor’s side will look like:

Agency agreement: tax and accounting

In its absence, inspectors of the Federal Tax Service may present the transaction within the framework of a purchase and sale agreement, which entails more significant taxation. Question No. 3. Is it possible for an agent to use any expenses arising in the performance of obligations when taxing profits? No, only the costs listed in Chapter. 25 of the Tax Code of the Russian Federation and directly related to the transaction. If the company conducts activities other than intermediary, separate analytical accounting of expenses is necessary.

Question No. 4. How can an agent avoid paying VAT if an advance is transferred from the principal to make payments, but the reward from the transaction is not received? Due to the fact that the principal’s funds are not the property of the agent, VAT obligations can be avoided by including in the contract a condition on payment for services after shipment of goods (fulfillment of obligations with approval of the report).

Features of accounting for the principal

Due to the fact that the contractor’s side provides only intermediary services, the principal’s subject to VAT taxation will be the full cost of goods or services performed. It should be noted that for the calculation of VAT, the earliest date relative to the choice of the date of shipment or the date of actual payment for services in full or in part will be used in accordance with clause 1, article 167 of the Tax Code of the Russian Federation. That is, if the intermediary receives an advance payment before the seller delivers the goods, VAT will be charged on the amount received in advance. This is what the entries will look like, demonstrating the accounting of agency fees in the principal’s accounting department:

When maintaining accounting records, the principal can reflect the income received only taking into account the submission by the contractor of reports on the results of the work done in accordance with the concluded contract. One of the documents confirming the fact of compliance with the terms of the agreement by the intermediary party is an invoice.

Agency agreement: tax and accounting

The Principal’s income, taken into account when forming taxable profit, will be the entire amount of proceeds from the sale of work (services), that is, the amount for which the work was sold to the Customers by the Agent, minus VAT (clause 1 of Article 248, clause 1 of Article 249 of the Tax Code of the Russian Federation ). At the same time, the amount of agency remuneration (clause 3, clause 1, art.

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Tax Code of the Russian Federation), as well as the cost of implemented work (services), the Principal will be able to take into account as expenses, provided that the costs incurred meet the criteria provided for in clause 1 of Art. 252 of the Tax Code of the Russian Federation. For a Principal using the accrual method, the amount of funds received as an advance payment for the upcoming performance of work (provision of services) is not taken into account for income tax purposes (clause.

1 clause 1 art. 251 of the Tax Code of the Russian Federation). The tax base for VAT for the Principal is the total amount of services provided (work performed), since the Principal is their performer (clause 1, clause 1, article 146 of the Tax Code of the Russian Federation, clause

Invoice

An important document for calculating VAT within the framework of cooperation under contracts of this kind is an invoice. Unlike the contract itself, an invoice has a certain established form. There are important features that must be taken into account when issuing an invoice for transactions within the framework of the concluded contract. How and when an invoice is issued for various forms of interaction between the parties to an agency agreement is shown in the table in the photo:

In order for the algorithm for making accounting entries in the 1C program to become more understandable, it is recommended to watch the video instructions, which clearly highlight this point:

https://youtu.be/qlymtFLuQDw