Insurance reimbursement under a leasing agreement. Leasing: taxes, insurance and other subtleties. Who is the beneficiary of leasing insurance?

Insurance of property leased

As a rule, in order to fulfill their obligations under a leasing agreement, the parties enter into mandatory and related agreements, one of which is an insurance agreement. Let's consider the features of reflecting in the lessor's accounting operations for insurance of property leased.

The legal basis for financial lease or leasing relations is established by the Civil Code of the Russian Federation and Federal Law No. 164-FZ dated October 29, 1998 “On financial lease (leasing)” (hereinafter referred to as Law No. 164-FZ).

According to paragraph 1 of Art. 21 of Law No. 164-FZ, the leased item can be insured against the risks of loss (destruction), shortage or damage from the moment the property is delivered by the seller until the end of the lease agreement, unless otherwise provided by the agreement. The parties acting as insured and beneficiary, as well as the period of insurance of the leased asset, are determined by the leasing agreement.

Insurance of leased property is voluntary. At the same time, as a rule, leasing companies always include in contracts a provision for insurance of leased property, as this allows them to reduce the risks of the transaction.

The parties to a property insurance contract are the insurer, policyholder or other person (beneficiary) in whose favor the insurance contract was concluded.

When concluding a leasing agreement, it must indicate the person insuring the leased property (lessor or lessee) and the beneficiary.

If banking resources were used to purchase the leased asset, then the bank financing the transaction is usually indicated as the beneficiary under such an insurance agreement (for the entire period of validity of the loan agreement to raise funds for the purchase by the lessor of the leased property). Typically, the bank establishes a list of insurance organizations that cooperate with it. At the same time, the choice by the policyholder of an insurance organization from the list specified by the bank is one of the informal conditions for obtaining a loan to finance a leasing transaction.

In the case where non-bank funds were raised to purchase the leased asset, the beneficiary under the insurance agreement is the lessor. In some situations, the beneficiary may be the lessee, who, upon the occurrence of an insured event, fulfills his obligation to pay lease payments at the expense of the amount of the insurance compensation received.

According to paragraph 1 of Art. 929 of the Civil Code of the Russian Federation, under a property insurance contract, one party (the insurer) undertakes to compensate the other party (the policyholder) or another person in whose favor the contract is concluded (the beneficiary) for the payment stipulated by the contract (insurance premium) upon the occurrence of an event stipulated in the contract (insured event), losses caused as a result of this event in the insured property or losses in connection with other property interests of the insured (pay insurance compensation) within the limits of the amount specified in the contract (insurance amount).

An insurance premium is understood as a payment for insurance, which the policyholder (beneficiary) is obliged to pay to the insurer in the manner and within the time limits established by the contract (clause 1 of Article 954 of the Civil Code of the Russian Federation). When establishing the amount of the insurance premium to be paid, the insurer has the right to apply the insurance tariffs developed by it, which determine the premium charged per unit of the insured amount, taking into account the object of insurance and the nature of the insurance risk (clause 2 of Article 954 of the Civil Code of the Russian Federation).

The insurance contract is concluded in writing, failure to comply with which entails its invalidity, with the exception of the compulsory state insurance contract (clause 1 of Article 940 of the Civil Code of the Russian Federation).

If the policyholder chooses either the lessee or the lessor under the property risk insurance contract, the costs of paying the insurance premium to the insurer are borne by the lessee directly or indirectly through the inclusion of the insurance premium paid by the lessor in the total amount of lease payments payable.

According to paragraph 2 of Art. 21 of Law No. 164-FZ, the parties to the contract can insure their business risks in connection with the conclusion of a leasing agreement. The lessee has the right to separately insure his liability under the contract in favor of the lessor (clause 4 of article 21 of Law No. 164-FZ).

Article 22 of Law No. 164-FZ provides for the procedure for distributing risks between the parties in accordance with the agreement of the parties in the leasing agreement. Responsibility for the safety of the leased asset from all types of property damage, as well as for the risks associated with its destruction, loss, damage, theft, premature breakdown, error made during its installation or operation, and other property risks from the moment of actual acceptance of the leased asset is borne by lessee.

Under a leasing agreement, the party to the agreement that has chosen the seller of the item may be subject to the risks of the seller’s failure to fulfill obligations under the purchase and sale agreement for the leased item and the associated losses, as well as the risk of the leased item not meeting the purposes of its use.

However, according to Art. 933 of the Civil Code of the Russian Federation, only the lessor can insure the risks of leasing payments, since under a business risk insurance agreement only the business risk of the policyholder himself can be insured and only in his favor. A business risk insurance contract for a person who is not the policyholder is void.

The loss of the leased asset or the loss of its functions by the leased asset due to the fault of the lessee does not relieve him of his obligations under the leasing agreement, unless otherwise established by this agreement (Article 26 of Law No. 164-FZ).

Accounting

According to the Chart of Accounts, settlements with an insurance company for the insurance of property leased are reflected in account 76 “Settlements with various debtors and creditors”, subaccount 1 “Settlements for property and personal insurance”.

The insurance contract, unless otherwise provided in it, comes into force at the moment of payment of the insurance premium or its first installment (Clause 1 of Article 957 of the Civil Code of the Russian Federation).

Consequently, if the insurance contract does not provide for an entry into force date other than the day of payment of the insurance premium, then at the time of payment of the premium the policyholder (lessor) makes the following entry in the accounting: D-t 76-1, K-t 51.

According to clause 5 of the order of the Ministry of Finance of Russia dated October 6, 2008 No. 106n “On approval of accounting provisions” (together with the “accounting provision “Accounting policy of the organization” (PBU 1/2008), accounting provision “Changes in estimated values" (PBU 21/2008)"), the amounts of insurance payments related in accordance with the terms of the insurance contract to the reporting period, in accordance with the assumption of the temporal certainty of factors of economic activity, are reflected in the following entry:

D-t 20, 23, 25, 26, 44, 91, K-t 76-1.

In the event of damage to the insured property, the write-off of costs for its restoration is reflected in the following entries:

D-t 76-1, K-t 23 - repairs of damaged property were carried out by the organization’s auxiliary unit;

D-t 76-1, K-t 60, 76 - repairs of damaged property were carried out by third-party legal entities or individuals.

If the insured leased property was destroyed, the following entries are made in the lessor's records:

D-t 02, K-t 03, sub-account “Disposal of profitable investments in material assets” - reflects the amount of accrued depreciation for the month of disposal of depreciation property;

D-t 03, sub-account “Disposal of profitable investments in tangible assets”, K-t 03, sub-account “Income-generating investments in tangible assets in operation” - reflects the amount of the initial (replacement) cost of lost leased property;

D-t 76-1, K-t 03, sub-account “Disposal of profitable investments in material assets” - reflects the amount of the residual value of the leased property.

At the same time, in connection with the termination of the insurance contract for the destroyed leased asset, the balance of the insurance premium not included in expenses is written off to the account of other expenses:

Dt 99, Kt 76-1, subaccount “Calculations for property and personal insurance”.

The amount of insurance compensation received by the lessor from the insurance company in accordance with the insurance contract is reflected in debit 51 and credit 76-1.

As mentioned, the insurance contract may stipulate that the beneficiary is the bank. In such a situation, receipt of insurance compensation from the insurer is counted by the bank against the lessor's repayment of the loan and (or) interest accrued on the date of receipt of compensation. Simultaneously with the repayment of debt to the bank, the lessor records the repayment of the lessee's debt to pay lease payments as a result of the occurrence of an insured event and the beneficiary receiving insurance compensation.

These transactions will be reflected in the lessor’s accounting records with the following entries:

Dt 66, subaccount "Settlements on short-term loans", subaccount "Interest on short-term loans", 67, subaccount "Settlements on long-term loans", subaccount "Interest on long-term loans", Kt 62.

Tax accounting of insurance premiums

According to Art. 263 of the Tax Code of the Russian Federation, expenses for compulsory and voluntary property insurance include insurance premiums for all types of compulsory insurance, as well as for the following types of voluntary property insurance:

voluntary insurance of means of transport (water, air, land, pipeline), including leased ones, the maintenance costs of which are included in the costs associated with production and sales;

voluntary cargo insurance;

voluntary insurance of fixed assets for production purposes (including leased), intangible assets, objects of unfinished capital construction (including leased);

voluntary insurance of other property used by the taxpayer in carrying out activities aimed at generating income;

other types of voluntary property insurance, if, in accordance with the legislation of the Russian Federation, such insurance is a condition for the taxpayer to carry out its activities.

In a letter dated 05/11/06 No. 03-03-04/1/440, the Ministry of Finance of Russia notes that the costs of voluntary insurance of a fixed asset intended for leasing, incurred before the commissioning of this fixed asset, reduce the tax base for the tax at a profit.

Expenses for compulsory types of insurance (established by the legislation of the Russian Federation) are included in other expenses within the limits of insurance tariffs approved in accordance with the legislation of the Russian Federation and the requirements of international conventions. If these tariffs are not approved, compulsory insurance costs are recognized as other expenses in the amount of actual costs.

Let us note that the possibility of including insurance premiums as expenses for profit tax purposes does not depend on who is indicated as the beneficiary under the insurance contract (bank, lessor or lessee), since in any case these expenses meet the requirement of Art. 252 of the Tax Code of the Russian Federation are economically justified, since they were made in pursuance of a leasing agreement, and it is concluded by the parties solely for the purpose of generating income.

The procedure for recognizing expenses under any insurance contracts depends on the procedure for paying insurance premiums (clause 6 of Article 272 of the Tax Code of the Russian Federation). If the terms of the insurance contract provide for payment of the insurance premium in a one-time payment, then under contracts concluded for more than one reporting period, expenses are recognized evenly over the term of the contract in proportion to the number of calendar days of the contract in the reporting period.

In practice, the situation discussed in the letter of the Ministry of Finance of Russia dated August 16, 2010 No. 03-03-06/1/548 may arise. The amounts of insurance premiums paid by the lessor under the insurance contract for the leased asset (insurance premium) were included in the leasing payments, i.e. actually reimbursed by the lessee and included in the lessor's sales revenue.

In case of early purchase of property by the lessee, the ownership of the insured property, as well as the right to claim the amount of insurance compensation under the insurance agreement from the lessor to the lessee, is transferred to the insurer. Is it possible to include part of the insurance premium paid but not taken into account (due to the principle of equal attribution of expenses during the term of the insurance contract) by the lessor as one-time expenses for the purposes of calculating income tax during the period of termination of the leasing agreement (the expenses were documented and incurred for activities aimed at generating income, i.e. reimbursed by the lessee as part of lease payments)?

Since the right to claim insurance compensation against the insurer under the insurance contract passes from the lessor to the lessee in connection with the early purchase of the insured property by the lessee, part of the insurance premium for the period from the moment of transfer of the specified right to claim until the expiration of the insurance contract is an expense incurred for a third party ( lessee).

The conclusion of the financial department is as follows: this part of the insurance premium cannot be taken into account by the lessor as expenses for the purposes of taxation of corporate profits due to the requirements of Art. 252 and 272 of the Tax Code of the Russian Federation.

Tax accounting of insurance compensation

For profit tax purposes, non-operating income of a taxpayer includes income in the form of fines, penalties and (or) other sanctions for violation of contractual obligations recognized by the debtor or payable by the debtor on the basis of a court decision that has entered into legal force, as well as amounts of compensation for losses or damages ( Clause 3 of Article 250 of the Tax Code of the Russian Federation).

According to the Ministry of Finance of Russia, insurance compensation received under a voluntary property insurance contract upon the occurrence of an insured event is included in the income taken into account when taxing profits (letters dated February 1, 2010 No. 03-03-06/2/17, dated February 1. 10, No. 03-03-06/2/14, dated 01.02.10, No. 03-03-06/2/21, dated 1.02.10, No. 03-03-06/2/15). In these letters it is explained that in Art. 251 of the Tax Code of the Russian Federation provides an exhaustive list of income that is not taken into account when taxing profits. The amounts of insurance compensation received by the taxpayer under a voluntary property insurance agreement upon the occurrence of an insured event are not named in the specified list.

Consequently, income received in the form of amounts of insurance compensation for losses or damages is taken into account for profit tax purposes in accordance with the provisions of Art. 250 of the Tax Code of the Russian Federation as part of non-operating income.

A similar conclusion was made by the financial department in a letter dated July 30, 2009 No. 03-03-06/1/501. If the terms of the insurance contract and the insurance rules on the basis of which the insurance contract was concluded provide for the possibility of compensation for damage by restoring the leased asset directly by the insurance company without involving the policyholder, the latter does not have the obligation to generate income for profit tax purposes in the amount of insurance compensation. In this case, the policyholder should not have expenses in the amount of damage associated with the occurrence of the insured event.

If a bank is named as the beneficiary under an insurance contract, then along with insurance payments, the insurance premium can also be recognized as income. Therefore, banks will be forced to make a completely unexpected recalculation of the tax base for income tax.

V. AVDEEV, expert

As part of the leasing agreement (cars), a CASCO insurance agreement is concluded for 1 year (full payment on the date of conclusion of the insurance agreement) on the following conditions: the insured is the lessor, the payer is the lessee. The beneficiary is the lessor only in case of complete loss, theft or theft of special equipment, the lessee - in all other cases. The lessor and the lessee are subject to a common taxation system.
The lessor and the lessee are subject to a common taxation system. The lessor is the insured under the CASCO agreement, and the payment under this agreement is made by the lessee directly to the insurance company. This condition is enshrined in the leasing agreement. Payment by the lessee of the insurance premium in this situation is not part of the lease payment and is not included in the lease payment schedule. The agreement does not provide for the offset of the payment of the insurance premium against leasing payments or reimbursement of the lessee's expenses for the fulfillment of the insured's obligation to the insurance company.
What is the accounting and tax accounting of expenses under an insurance contract for the lessor and the lessee?

On this issue we take the following position:
Payment of an insurance premium by the lessee for the lessor-insurant leads to the emergence of accounts payable in the accounting of the lessor and corresponding accounts receivable in the accounting of the lessee.
In this case, the lessor recognizes expenses under the insurance contract in the usual manner, regardless of the fact that payment was made by a third party.
If settlements between the parties are not made, then the lessor will have non-operating income in the amount of the debt written off in the tax (reporting) period of such write-off.

Justification for the position:
Under a financial lease agreement (leasing agreement) of a car, the lessor (hereinafter referred to as the lessor) undertakes to acquire ownership of the car specified by the lessee (hereinafter referred to as the lessee) from a seller specified by him and provide the lessee with this car for a fee for temporary possession and use (Civil Code of the Russian Federation, Federal Law No. October 29, 1998 N 164-FZ “On financial lease (leasing)”, hereinafter referred to as Law N 164-FZ).
According to Law N 164-FZ, the leased asset can be insured against the risks of loss (destruction), shortage or damage from the moment the property is delivered by the seller until the end of the lease agreement, unless otherwise provided by the agreement. The parties acting as insured and beneficiary, as well as the period of insurance of the leased asset, are determined by the leasing agreement.
Thus, insurance of the leased asset is carried out on a voluntary basis (voluntary property insurance). The parties acting as insured and beneficiary, as well as the period of insurance of the leased asset, are determined by the leasing agreement.
In the case under consideration, the parties established by the leasing agreement that the leased asset must be insured against the risks of loss (destruction) and damage to the vehicle under the CASCO agreement (Civil Code of the Russian Federation). In this case, the insurer under such an agreement is the lessor, and the payer is the lessee.
The object of taxation and the tax base for income tax for Russian organizations that are not members of a consolidated group of taxpayers is profit (its monetary value), which is the difference between the income they received and the amount of expenses they incurred, which are determined in accordance with the Tax Code of the Russian Federation ( , Tax Code of the Russian Federation).
In order to form taxable profit, the taxpayer reduces the income received by the amount of expenses incurred (with the exception of expenses specified in the Tax Code of the Russian Federation), which means justified (economically justified) and documented expenses (and in cases provided for by the Tax Code of the Russian Federation, losses) incurred (incurred) by the taxpayer. Any expenses are recognized as expenses, provided that they are incurred to carry out activities aimed at generating income (Tax Code of the Russian Federation).
As a general rule, if an item is taken into account on the lessor’s balance sheet, then its expenses for voluntary insurance are recognized for profit tax purposes on the basis of the Tax Code of the Russian Federation. If accounting is kept by the lessee, expenses are recognized on the basis of the Tax Code of the Russian Federation.
Insurance expenses that are not documented or are not aimed at generating income, that is, do not meet the criteria of the Tax Code of the Russian Federation, are not taken into account for the purpose of calculating the tax base for income tax (Tax Code of the Russian Federation).
For example, insurance premiums for insuring property transferred for free use (under a loan agreement) are not taken into account for tax purposes. This is due to the fact that the costs of maintaining property transferred for free use (which include, among other things, the costs of its insurance) are not taken into account in expenses for tax purposes (FAS Povolzhsky District dated July 25, 2014 N F06-13042/13 in the case N A57-15331/2013).
Moreover, in accordance with Law N 164-FZ, leasing payments are understood as the total amount of payments under the leasing agreement for the entire term of the leasing agreement, which includes reimbursement of the lessor’s costs associated with the acquisition and transfer of the leased asset to the lessee, reimbursement of costs associated with the provision of other services provided for in the leasing agreement, as well as the income of the lessor.
Reimbursement of these expenses by the lessee is made as part of annual payments and only in the amount in which the expenses are included in the lease payment. At the same time, the lessor's income in accordance with Law N 164-FZ is only an integral part of leasing payments, the amount of which is agreed upon by the participants in leasing legal relations when concluding a leasing agreement.
Please note that in case of reimbursement of the lessee's expenses, the lessor is not deprived of the right to take into account the costs of voluntary insurance of the leased asset for tax accounting purposes.
Thus, the FAS Moscow District dated December 13, 2012 N F05-14465/12 in case N A40-271/2012 states that the provisions of Law N 164-FZ do not deprive the lessor, who has a direct interest in preserving the property, of the right to insure it in in accordance with the Civil Code of the Russian Federation, and, accordingly, to include insurance costs as expenses for profit tax purposes. The tax authority's reference to the fact that insurance costs must be taken into account in the cost of the leased asset with subsequent compensation for disputed expenses by the lessee by paying lease payments was rejected by the courts as not being based on current legislation.
Leasing payments, which are taken into account by the lessee when determining the tax base for the organization's profit tax, must already include the amount of reimbursement of the lessor's costs associated with the acquisition and transfer of the leased asset (Ministry of Finance of the Russian Federation dated October 27, 2017 N 03-03-06/1/ 70590, FAS East Siberian District dated July 2, 2014 N F02-2300/14 in case N A33-12611/2013).
However, in the situation you described, we are not talking about reimbursement of the lessor's expenses. In this case, the costs of paying the insurance premium under the leasing agreement are borne by the lessee separately from leasing payments.
According to the Civil Code of the Russian Federation, one or several persons can participate in an obligation as each of its parties - creditor or debtor. Moreover, such an obligation does not create obligations for persons not participating in it as parties (for third parties) (Civil Code of the Russian Federation).
Thus, we believe that under a voluntary insurance contract, the debt to pay the insurance premium arises directly from the insured organization.
allows the fulfillment of an obligation by a third party (Civil Code of the Russian Federation). The debtor has the right to entrust the fulfillment of his obligation to a third party. The creditor in this case is obliged to accept funds from this third party. Unless the contract stipulates that the debtor must fulfill the payment obligation personally.
Moreover, the third party who fulfilled for the debtor his obligation to the creditor arising from the agreement does not, by virtue of this, become a party to such an agreement (Thirteenth Arbitration Court of Appeal dated January 19, 2015 N 13AP-26513/14). In other words, the fact that the lessee organization transferred funds to the insurance company in fulfillment of the obligation of another person (lessor) to pay the insurance premium does not mean that the organization acquires the rights and obligations of the policyholder under this agreement.
Based on the Civil Code of the Russian Federation, proper performance terminates the obligation. That is, making payment for the policyholder by a third party extinguishes the policyholder’s obligation.
At the same time, the rights of the creditor under the obligation are transferred to the third party who fulfilled the debtor’s obligation in accordance with the Civil Code of the Russian Federation (Civil Code of the Russian Federation).
Payment of expenses (insurance premium) by a third party (lessee) does not lead to gratuitousness; in accordance with the Tax Code of the Russian Federation, property (work, services) or property rights are considered received free of charge if the receipt of this property (work, services) or property rights is not associated with the emergence the recipient has the obligation to transfer property (property rights) to the transferor (perform work for the transferor, provide services to the transferor) (Ministry of Finance of Russia dated 09.09.2016 N 03-03-06/1/52968).
Accordingly, the lessor-insured's obligation to the insurance company is terminated and a new obligation arises - to return funds to the lessee. As a result, the lessor has an indebtedness to the lessee, and therefore the obligation to reimburse the expenses incurred by him or offset them against lease payments.
Payment by the lessee of the insurance premium, since it does not lead to the lessee entering into the insurance contract instead of the policyholder (lessor), does not in itself entail for the lessor any peculiarities of tax accounting for the costs of paying for the insurance contract. The lessor recognizes expenses under the insurance contract in the usual manner, regardless of the fact that payment was made by a third party.
As for the lessee, payment of the insurance premium for the lessor-insurant, in our opinion, is not recognized as an expense, but leads to the emergence of receivables in the lessee’s accounting.
Based on the foregoing, we believe that if settlements between the parties are not made, then in the reporting (tax) period of writing off such debt, the lessor will have non-operating income on the basis of the Tax Code of the Russian Federation.
The same logic of reasoning can be applied to the reflection of the business situation under consideration in accounting.
Following paragraphs 5, 7 “Expenses of the organization” (hereinafter - ), expenses for property insurance, in our opinion, are taken into account as part of expenses for ordinary activities, i.e. are reflected by the lessor organization in the cost accounts.
As a general rule, expenses are recognized when the conditions established by clause 16 are met in the reporting period in which they occurred, regardless of the time of actual payment of funds and other form of implementation (clause 18).
The following entries may be reflected in the accounting of the lessor-insurant for the purchase of an insurance policy:
Debit 76, subaccount "Insurance Company" Credit 76, subaccount "Lessee"
- payment by the lessee of the insurance premium under the CASCO agreement is reflected;
Debit 97 Credit 76, subaccount "Insurance Company"
- received a voluntary CASCO insurance policy.
In turn, the lessee generates an accounting entry:
Debit 76, subaccount "Lessor" Credit 51
- the occurrence of accounts receivable is reflected.

We recommend that you read the following materials:
- . Accounting for income from writing off accounts payable;
- . Income from writing off accounts payable (for profit tax purposes);
- . Accounting for expenses from writing off receivables that are unrealistic for collection;
- . Write-off of unrecoverable (bad) receivables when taxing profits;
- . Fulfillment of an obligation to a third party;
- . Limitation of actions;
- . Application of the limitation period;
- . The beginning and end of the limitation period.

Prepared answer:
Expert of the Legal Consulting Service GARANT
Tsorieva Zara

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Queen Helena

The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service.

Evgeniy Malyar

# Business nuances

Leasing insurance

Depending on the agreement, payment for an insured event may be received by: the lessor, the lessee, or the lessor's bank.

Article navigation

Nuances of insurance of leased property
Who is the beneficiary of leasing insurance?
OSAGO and CASCO for a leased car
Actions in case of damage or loss of leased property
Accounting costs for insurance of leased property

By concluding a finance lease agreement, the parties seek to minimize risks. Property insurance is a universal tool for solving this problem. When leasing, it has a number of features, which will be discussed in this article.

Nuances of insurance of leased property

Leasing insurance is provided by concluding a separate accompanying contract. Its validity period begins at the time of purchase of the property from the seller, and ends at the same time as the finance lease agreement (unless other conditions are specified in it).

According to Federal Law 164-FZ “On Financial Lease (Leasing),” insurance is not mandatory. However, both sides are interested in it:

the lessor, since he is the owner of the property during the lease agreement;
the lessee - due to his responsibility for the item received during the same period.

Insurance of the leased asset by the lessor is a situation that is rightly considered the most common. It is logical, since the party most interested in the safety of property is its owner. However, it also happens differently - the user of the item (lessee) can also act as an insured if the parties to the leasing agreement decide so and write this condition in the document.

Who is the beneficiary of leasing insurance?

The question is not superfluous, since usually the policy owner receives a compensation payment in the event of an insured event. To get the right answer, you need to delve into the very essence of the financial leasing process.

When leasing, the source of insurance premiums are payments made by the lessee. Of course, if for some reason they are terminated, the lessor is forced, as the owner of the item, to repay them from his own funds. However, this situation is not typical and, as a rule, leads to early termination of the finance lease agreement.

Another option is that insurance costs are fully borne by the lessee, and they are not included in the amount of lease payments. But even in this case, the owner of the property will be the beneficiary, since by giving it to the tenant, he is at risk.

From these provisions, an erroneous conclusion is sometimes drawn that the insured during leasing can be the tenant or the lessor, and in any case only the owner of the item (lessor) will receive insurance. In fact, a third option is also possible: if the property was purchased by the lessor on credit, then the insurance contract, as a rule, is concluded in favor of the bank.

OSAGO and CASCO for a leased car

Almost always, taking out CASCO insurance is a prerequisite for leasing a car. This is beneficial for the lessor due to the confidence of receiving financial compensation if something happens to the car during operation.

In this case, the lessee is forced to pay more, but he also receives some benefits. Mainly, they consist in the fact that reimbursement of CASCO expenses is carried out gradually. The total amount of the insurance premium for the entire term of the financial lease agreement is included in the regular leasing payments. The lessor pays it all at once, and the tenant receives installments.

You should also take into account the costs of compulsory motor liability insurance, which, in contrast to the “voluntary” (in case of leasing, this is not entirely true) CASCO, is mandatory for all vehicle owners. The lessor is also a beneficiary. The MTPL insurance premium may not cover the entire replacement cost of the car.

Actions in case of damage or loss of leased property

The leased item may be damaged or irreparably destroyed during the period of the financial lease agreement. If an insured event occurs and its consequences are legally correctly documented, the lessor has the right to count on compensation for repairs (in case of damage) or losses in the amount of lost lease payments.

If the amount of the insurance premium is not enough to fully repay the losses, the property owner has the right to recover the difference from the lessee.

LEASING: theory and practice of financing

Do you want to know everything about leasing? This book provides practical experience in the use of leasing in Russian organizations. Recommendations are offered for calculating leasing payments, reflecting them in accounting, drawing up and concluding contracts.

More details

Accounting costs for insurance of leased property

Accounting for leased property is carried out by the balance holder of the item. This may be the lessor or the lessee. The main entries relating to payment for insurance services are the correspondence of account 76 (sub-account “Calculations for property and personal insurance”) and account. 51.

Transactions for transferring insurance premiums are reflected absolutely identically for the lessor and the lessee (depending on who takes the item on the balance sheet).

For the lessor, if the property is on its balance sheet, losses from the destruction of property and their insurance compensation are reflected in the following entries:

Write-off of fixed assets leased from the account. 001 (off-balance sheet).
Dt91 – Kt76 for the amount of receivables for disposed (destroyed) property at residual value.
Dt76 – Kt60 for the amount of insurance compensation.
Dt51 – Kt76 receiving the amount of insurance compensation to the bank account.

If the compensation is insufficient to cover the damage, the difference is written off as losses: Dt91 – Kt76. If there is excess compensation, the difference is credited to “Other income”: Dt76 – Kt91.

If the leased asset is listed on the balance sheet of the lessee paying insurance premiums, insurance of the leased property is reflected as follows:

Dt76 – Kt51 – the insurance premium is transferred.
Dt97 – Kt76 – reflection of the insurance premium in deferred expenses.
Dt25 – Kt97 – inclusion of monthly insurance costs in general production expenses.

Question

Hello. On July 15, we paid for the CASCO policy for a car purchased on lease. How to reflect these expenses in tax and accounting. Thank you.

Answer

For income tax purposes the owner, lessee, lessee of the car can take into account the costs in other expenses (Letter of the Ministry of Finance dated February 20, 2008 N 03-03-06/1/119):

— for compulsory civil liability insurance (OSAGO) (clauses 1, 2 of Article 263 of the Tax Code of the Russian Federation, clause 1 of Article 4 of Law 40-FZ);

— for voluntary car insurance against various risks (including theft and damage) (hull insurance) (clause 1, clause 1, article 263 of the Tax Code of the Russian Federation).

According to contracts concluded on no more than one reporting period(quarter or month), expenses are taken into account at the time of payment (clause 6 of Article 272 of the Tax Code of the Russian Federation).

According to contracts concluded on more than one reporting period, the procedure for accounting for car insurance costs depends on how the insurance premium is paid (clause 6 of Article 272 of the Tax Code of the Russian Federation).

Situation 1. The insurance premium is paid at a time. In this case, its amount is taken into account in expenses evenly - in proportion to the number of calendar days of the agreement in the reporting (tax) period.

Situation 2. The insurance premium is paid in installments (in parts), that is, insurance premiums are paid. If the contract specifies the periods for which insurance premiums are paid, then expenses for each payment are recognized evenly over the period corresponding to the period for payment of premiums (for example, half a year, quarter).

If the agreement does not indicate the periods for which contributions are paid, then each payment is distributed over the entire term of the agreement (Letter of the Ministry of Finance dated May 14, 2012 N 03-03-06/1/245).

If, upon early termination of the contract, the insurer returns part of the insurance premium to you, then (Article 958 of the Civil Code of the Russian Federation, clause 1.16 of the OSAGO Rules, Letter of the Ministry of Finance dated March 18, 2010 N 03-03-06/3/6):

— the refunded amount is not taken into account either in income or expenses;

— the non-refundable amount is taken into account as expenses on the date of termination of the contract.

Insurance services provided by insurers on the territory of the Russian Federation are not subject to taxation (exempt from taxation) VAT (clause 7, clause 3, article 149 of the Tax Code of the Russian Federation). Consequently, tax on the cost of insurance services is not payable to the lessee (sublessee).

With simplified tax system with the object “income minus expenses”, the costs of compulsory motor liability insurance are included in expenses at the time of payment of the insurance premium (Letter of the Ministry of Finance dated 02/05/2016 N 03-11-06/2/5872).

Simplified people do not take into account the costs of comprehensive insurance (LetterMinistry of Finance dated May 10, 2007 N 03-11-04/2/119).

In accounting, expenses for compulsory motor liability insurance and comprehensive insurance are written off as expenses in the same order as in tax accounting (evenly over the period for which the insurance premium is paid) (clauses 5, 9, 16 of PBU 10/99). The postings will be like this:

D 76 - K 51 - Insurance premium transferred
D 20 (23, 26, 44) - K 76 - Part of the costs for compulsory motor liability insurance (casco) is taken into account

Features of CASCO insurance for a leasing car

Drawing up a CASCO agreement for a car purchased under a leasing program has a number of features:

Insurers pay in equal parts included in the payment under the leasing agreement.
CASCO is issued for the entire period of use of the car under leasing.
The beneficiary upon the occurrence of an insurance event under a CASCO agreement is the owner of the vehicle, that is, the leasing company.
Since the lessor and the insurance company most often cooperate on an ongoing basis, when an insured event occurs, problems with payments rarely occur, unlike credit car insurance.
Consideration of an insured event can be carried out without the participation of the lessee.

Drawing up a CASCO agreement for a leased vehicle is beneficial to all parties to the transaction, as it significantly reduces the risk of material expenses in the event of damage to the leased object.

How to apply?

CASCO for a leasing car can be issued at the request of the lessee, if he has such an agreement with the leasing company, or at the request of the lessor.

In practice, the second option is mainly used.

Registration of insurance consists of the following stages:

Preparing a package of documents and contacting the insurer
Drawing up a contract and determining the terms of insurance (cost, risks, term, payment). In each specific case, the terms of the agreement may differ.
Inspection of the insured vehicle. The inspection report records the condition of the vehicle and notes any existing damage so that in the future they will not be reported as an insured event.
Signing of the agreement by the parties to the transaction. Both parties put their signatures (stamps) on the insurance agreement. Before doing this, you must carefully check the terms of the transaction specified in the document.
Payment of insurance premium.
Receipt of documents by the policyholder. The policy is most often issued in one copy to the policyholder, and other interested parties are provided with copies of the document.

Required documents

To apply for CASCO insurance, the policyholder will need the following documents:

application (often the application is the policy itself);
passport or other identification document (if the policyholder is an individual);
registration certificate (if the policyholder is a legal entity);
documents for the vehicle (vehicle passport, vehicle registration certificate, etc.);
leasing agreement;
agreement on the right to insure the car by the lessee (if the lessee applies to the insurance company);
vehicle inspection report;
driver's licenses of persons who will be included in the policy;
documents for the installed anti-theft system and two sets of keys.

Depending on the requirements of the insurance company, the list of documents may differ.

Agreement and its contents

When applying for a CASCO policy, you must carefully check all the data specified in it. The form must be free of any inaccuracies or corrections.

All information must clearly coincide with the data of the original documents provided for registration.

An error made when concluding a policy may serve as grounds for refusal to pay financial compensation upon the occurrence of an insured event.

If, at the time of checking the document, even if the policyholder has already signed it, errors were discovered, they should be corrected immediately together with an employee of the insurance company.

The policy must include the following items:

Information about the insurer: logo and full name, address and contact numbers of the head office and branch where registration takes place.
Information about the policyholder (individual or legal entity).
Beneficiary is the person to whom compensation will be paid upon the occurrence of an insured event.
Information about people who have the right to drive a specific vehicle.
Information about the car (make, year of manufacture, engine characteristics, color, etc.).
CASCO type.
Maximum amount of compensation.
Duration of the policy.

After concluding the transaction, the policyholder receives the following documents:

policy;
CASCO rules;
payment receipt;
vehicle inspection report.

The rules that are attached to the policy indicate the following information:

concept of an insured event;
damage to the car that is subject to compensation during the policy period;
cases that are not included in the list of risks specified in the policy;
instructions for contacting the insurer upon the occurrence of an insured event;
procedure for receiving material compensation in accordance with the policy.

The policy must necessarily contain the signatures of both parties to the transaction and the seals of the organizations.

In what cases can insurance companies refuse to pay?

The insurance company's refusal to pay financial compensation may occur in the following cases:

The insurer has been declared bankrupt. Before concluding a transaction, you should study the financial condition of the insurer.
Revocation of an insurer's license. Such a measure may be temporary; after eliminating the causes, the company, as a rule, returns to its activities.
Fake policy. This situation happens if the document is concluded with dubious representatives of the insurer. The authenticity of the CASCO policy can be checked using a single database.
The insurance contract has expired. In the case of purchasing a car on lease, the policy is issued for the entire period of validity of the leasing agreement.
The terms of the insurance contract have been violated. For example, an insured event occurred when a person who was not specified in the contract was driving a car.
The deadlines for filing after the occurrence of an insured event were not met.
Intentional misrepresentation of information when contacting the insurer.
When the insured event occurred, the driver was under the influence of alcohol or drugs.
The insured event was a consequence of a gross violation of traffic rules on the road.
The policyholder intentionally damaged the vehicle.
There are no documents available confirming the good condition of the car, which allowed it to be used.
The owner of the car refused the opportunity to demand compensation for material assets from the guilty party.
All required documents were not submitted to the insurance company to receive compensation.

If a representative of the insurance company refuses to compensate for material losses under the CASCO agreement, then the policyholder has the right to file a claim with the top management of the company. If the answer does not satisfy the policyholder, then he has the right to file a claim in court, setting out the facts in detail and providing documentary evidence.

The issuance of a CASCO policy by the lessor for the lessee has certain benefits. Even if the cost of the policy is more expensive, then when an insured event occurs there are unlikely to be problems with payment of compensation, since cooperation with a leasing company is financially beneficial for the insurer. And even if a controversial situation arises, the issue of compensation for losses will be decided by the lessor’s lawyers

In contact with