Purchase by a legal entity from an individual: registration rules

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Some people think that purchasing from an individual by a legal entity is prohibited, but this is not so. Why? After all, it will not be possible to issue a check or invoice!

It can be done differently. For this type of transaction it is not necessary to draw up an agreement. The parties themselves decide on this issue, but we still recommend documenting the operation. First of all, such a measure will avoid many problems and provide a guarantee that the transaction will be completed.

As for payment, a purchase from an individual by a legal entity can be paid either in cash or by transfer to a personal account in a banking organization. It is important to understand that the settlement amount is not limited by anything, since the law allows payments to individuals in any amount.

Purchase from an individual by a legal entity

Article 3 of the Law on the contract system in the field of procurement states whether an individual can participate in government procurement under 44-FZ - yes, an individual who is not an individual entrepreneur has the right to be a bidder. The purchase of goods from an individual by a legal entity is possible both through a competitive method (contests, auctions) and using the provisions of Article 93 of the Federal Law No. 44. For example, citizens are performers under such contracts as the provision of teaching services or as a tour guide.

IMPORTANT!

An individual does not have the right to take part in tenders aimed at such categories of participants as SMP and SONKO (this fact must be indicated by the customer in the procurement documentation).

It must be borne in mind that the application submitted during the procurement procedures by such a supplier must have some differences. These include:

• Full name and place of residence of the specified supplier (instead of the name and legal address of the organization);
• identification documents (instead of an extract from the Unified State Register of Legal Entities);
• Only participating organizations must indicate the TIN; however, if the supplier is an individual, the customer’s commission does not have the right to require him to indicate this data in the application.

IMPORTANT!

Remember that when concluding a contract with a citizen, its cost is reduced by the amount of personal income tax (13% of the contract price). This is stated in Art. 34 Federal Law No. 44.

What the law allows

Below we will provide documents for the purchase from an individual by a legal entity, but for now let’s talk about which transactions can be carried out with individuals and which cannot.

There is a law “On the contract system in the field of procurement”, according to which, in addition to enterprises, individual entrepreneurs and organizations, an individual can act as a bidder.

Procurement in such a situation can be carried out under Article 93 of Federal Law-44 or in a competitive way, that is, through an auction or competitions. A prime example is citizens who are hired as tour guides or teachers for a short period of time.

The only restriction is that individuals are not eligible to participate in bidding aimed at SONPOs and SMPs. How can I find out about such participants? This point must be specified by the customer in the procurement documents.

Another indicator is the difference between applications. We are speaking:

1. About the surname, patronymic and first name, as well as the place of residence of the supplier. Usually the name of the enterprise and its legal address are written in this place.
2. About documents that prove identity. As a rule, an extract from the Unified State Register of Legal Entities should be located here.
3. Only participating enterprises must indicate the IIN. Individuals are exempt from this.

It is important to understand that when a legal entity makes a purchase from an individual, the cost of the goods is reduced by personal income tax. It is not only possible, but also necessary to pay attention to all these points so that problems do not arise in the future.

Registration of the procurement act

As a rule, the preparation of the act lies with the buyer. There is no mandatory form, but there is a unified one.

The procurement act refers to the primary documentation and can be drawn up either in a unified form approved by the legislation of the Russian Federation, or in free form, or according to a template developed within the enterprise, including the company’s symbols on paper.

It is printed on a regular A4 sheet immediately at the time of the transaction in two copies, one of which remains with the buyer, the second is transferred to the seller.

The document must necessarily contain detailed information about the organization purchasing the product and the individual selling it. Information concerning a citizen must include his passport details and residence address. A special table must contain a complete list of purchased food, as well as data on its quantity and cost. The document must be certified by both parties.

If the purchase of goods occurs from an individual entrepreneur without forming a legal entity, then the act must indicate information about the tax office that issued the TIN and IP certificate.

Basic documents

A purchase from an individual by a legal entity is accompanied by a package of papers, without which the transaction simply will not be carried out. What are these documents? Let's see.

1. The act of acceptance and transfer of property.
2. Act SP-40. Used if animals are purchased.
3. Procurement act in form OP-5.
4. Acceptance certificate. Needed if you buy scrap metal.

It is important to remember that there should always be two acts.

By the way, you can draw up a deed yourself using an individual sample. In such a situation, you need to make sure that the form contains all the necessary details. Let's talk about them.

We draw up an agreement for the purchase of fixed assets from an individual

If one of the parties to the transaction is a legal entity, then the agreement, regardless of the amount, must be concluded in writing. This is stated in paragraph 1 of Art. 161 Civil Code of the Russian Federation. The document states the following:

• information about the supplier and buyer;
• description of the subject of the contract;
• number of OS;
• payment procedure;
• requisites;
• signatures of the parties.

You can also enter other provisions.

An act is drawn up for the agreement, in which specific information about the fixed asset is entered, or the text of the agreement states that it is an acceptance and transfer act.

ConsultantPlus experts explained in detail how to register the purchase of a car from an individual in tax accounting. Learn the material by getting trial demo access to the K+ system for free.

Required details

The purchase of goods from an individual by a legal entity must be formalized using acts. These documents must include standard details. What are we talking about?

1. Title of the paper.
2. Date the document was signed.
3. Contents of the document.
4. Name of the business or organization.
5. Quantity and unit of measurement.
6. Signatures of both parties.

Based on this paper, the company will accept the cost of the goods as an expense, which is necessary if the taxation system involves paying the difference between expenses and income.

We form the postings

The capitalization of a fixed asset purchased from an individual is recorded using the same transactions as the purchase from an organization:

• Dt 08 Kt 60 (76) - the acquisition of fixed assets is reflected;
• Dt 01 Kt 08 - fixed asset accepted for accounting;
• Dt 60 (76) Kt 51 (50) - payment made.

IMPORTANT! The cash payment limit of 100,000 rubles, established by the Directive of the Central Bank of the Russian Federation “On cash payments” dated October 7, 2013 No. 3073-U, does not apply to transactions between organizations and individuals, so the transaction amount can be any.

Documents for payment

The purchase of goods from an individual by a legal entity is also carried out for money. And there are two payment methods: cash and bank transfer. The latter option must be confirmed using a payment order.

But cash payments are worth considering in more detail. For an enterprise or organization, there are two ways of settlement with an individual:

1. Issuing money from the cash register. In this case, a cash receipt order is issued, but not always. For example, individual entrepreneurs do not have to do this.
2. Issuing cash to an employee of an enterprise on account. Once the employee pays the seller, he will be required to prepare an advance report. But the latter is not served without everything; a document is attached to it, which contains a note about payment for the goods.

Tax nuances of purchasing an OS

In accordance with sub. 2 p. 1 art. 228 of the Tax Code of the Russian Federation, an organization should not charge and withhold personal income tax when purchasing property from an individual, since the seller declares and pays the tax independently. Also, the company should not reflect income in personal income tax reporting, which is confirmed by officials (letters from the Ministry of Finance dated April 18, 2012 No. 03-04-06/8-118, Federal Tax Service dated August 1, 2016 No. BS-4-11 / [email protected] ).

Insurance premiums for such payment to an individual are not charged in accordance with Art. 420 KN RF.

Individuals are not VAT payers, so no tax calculations arise when purchasing OS.

The accountant needs to pay special attention to the formation of the initial cost of the purchased fixed asset.

About how to do this for purposes:

• income tax, we described in detail in the article “The procedure for tax accounting of fixed assets”;
• accounting - in the article “Fixed assets in accounting (nuances).”

It is also important to set the depreciation rate correctly.

ConsultantPlus warns Attention! When purchasing a fixed asset that has been used from an individual who is not an individual entrepreneur, the buyer does not have the right to determine the depreciation rate for this property, taking into account the requirements of clause 7 of Art. 258 Tax Code of the Russian Federation. Find out how to correctly determine the depreciation rate for a used property in the K+ Guide. Trial access is available for free.

When is a procurement act issued?

If it is planned to purchase equipment from an individual by a legal entity or we are talking about some kind of value, then it is necessary to draw up a procurement act. The latter can act as a primary contract, or it can become an independent document. This is due to the form of the contract, which can be different.

The document will come into force only after signature of both parties.

There is an already developed template in the OP-5 form that you can use. Alternatively, a company can develop a template on its own.

Features of citizen participation in government procurement

Purchasing from an individual by a legal entity is a traditional practice for our country.
Even before the revolution, government supplies could be carried out not only by a merchant, but also by an ordinary person. Is this the case today? Can an individual participate in government procurement? Part 4, clause 3 No. 44-FZ confirms that any citizen, including those not registered as an individual entrepreneur, can participate in the tender. Government customers can also engage them as experts for situations specified by law (Part 1, Clause 2, Article 41 No. 44-FZ).

But these suppliers cannot participate in tenders intended only for SMP and SONKO (Article 30 No. 44-FZ), because do not belong to such categories of organizations (Federal Law No. 209-FZ).

Please note that recently sites for joint purchases (SPs) have appeared on the RuNet. These kinds of sites for joint venture procurement of individuals have nothing to do with government procurement. There are a number of features in public procurement that prohibit collective participation. For example, clause 8 of Art. 51 44-FZ indicates that a work of art created jointly by several citizens is submitted in one application on behalf of one participant.

Apartment purchase

How does a legal entity purchase real estate from an individual? The procedure is not so different from the standard one for purchasing real estate.

First of all, you need to remember that a legal entity can buy an apartment or premises either from the same legal entity or from a private person. The law allows both options.

The legal entity will be a commercial organization with the status of JSC, LLC, CJSC. The purchase of an apartment from an individual by a legal entity can be carried out for the following purposes:

1. Investment. People buy an apartment to invest money and resell it in the future. In this case, the apartment is not the main asset.
2. Commercial. The apartment is the main asset and accounting is maintained for it.

The difference from a standard transaction is that it is necessary to obtain consent from the owner of the enterprise for a major acquisition. By the way, a major transaction is one that exceeds a quarter of the value of the organization’s assets.

How the transaction is carried out

The purchase of premises by a legal entity from an individual follows the standard procedure.

1. The participants discuss important aspects of the transaction.
2. A preliminary purchase and sale agreement is signed and an advance or deposit is made.
3. The participants sign the main agreement.
4. The buyer and seller go through the procedure of state registration of the transfer of ownership rights.
5. The final payment is due under the sales contract.
6. Participants sign an act of acceptance and transfer of real estate.

The seller is required to have a certain package of documents, which must already be ready at the time of sale.

This:

1. Passport.
2. A certificate of title or other document that establishes ownership.
3. An extract from the register confirming the absence of encumbrances.
4. Documents that explain how the owner came to own title. This includes a privatization agreement, a purchase and sale agreement or a will.
5. Explication of the premises and technical plan from the BTI. These papers confirm the absence of undocumented redevelopments.
6. An extract from the house register, which shows that there are no registered persons in the apartment.
7. Extract from the Unified Housing Document or financial and personal account. With its help, the seller confirms that there are no debts on utility bills.
8. If necessary, consent from the guardianship authorities to the transaction. This will be necessary if the owners include persons under guardianship or minors.

Sometimes the seller attaches a power of attorney for the provision of interests to the existing package. This happens in situations where the transaction is carried out by an authorized representative.

Purchase act from an individual

The same data should be included in the sample purchase act from an individual, i.e. closing documents confirming the individual’s fulfillment of obligations under the contract.

When completing a transaction with a purchase and sale agreement, it is necessary to draw up an act confirming the fact of transfer of property from the seller to the buyer. Here you can use both a simple act of acceptance and transfer of goods and materials, and a purchasing one. The latter in this case can be drawn up according to a simplified scheme (for example, it does not indicate the rights and obligations of the parties to the transaction).

If the contract itself indicates the fact of transfer of property, then this will be sufficient for reporting. In this case, the act will no longer be required.

Some nuances

When purchasing property by an individual from a legal entity and vice versa, it is necessary to devote a lot of time to the purchase and sale agreement. When drawing up, the requirements of the Civil Code of our country must be taken into account. The contract must clearly define the property, describe the parties to the sale and purchase, and contain the cost of the transaction. The last requirement is very important, because if there is no information about the price, the contract will be declared invalid.

In addition, the document must reflect all persons registered in the apartment, the obligations and rights of the parties, the presence of housing and communal services debts and encumbrances, and the conditions for terminating the contract.

In addition, during the preparation of documents, the seller will have to write an application for alienation, and the buyer for taking ownership. You should not ignore the state duty, as this is a necessary contribution. For legal entities it is equal to 22 thousand rubles. The amount is relevant for each region and is enshrined in the Tax Code.

Buying a car

Transactions between an individual and a legal entity can be not only for real estate or goods. Often, a car is purchased from a legal entity by an individual and vice versa. Let's talk about whether there are any differences from the standard procedure.

There are no fundamental differences observed during the transaction, but there are some nuances. If you don't know about them, the seller or buyer can get themselves into trouble.

1. Checking the seller for legal purity.
2. Minor differences in the execution of the transaction.

It is important to check the seller directly, and not the car, for legal purity before making a transaction. Why do this? A legal entity may have unfulfilled obligations for which the company is liable with all its property. A car is directly related to the property of an enterprise or organization.

If a person buys such a car and does not check the seller, over time the rights to the car may be claimed by other legal entities that were creditors.

To check an enterprise or organization, it is enough to obtain an extract from the Unified State Register of Legal Entities. It can be analyzed for inconsistencies or suspicious information.

It is also necessary to check whether the legal entity has tax debts and whether it is legally capable. To do this, you can use the tax service website.

It is necessary to find out whether the company is considered bankrupt. You definitely need to do this, because you are taking a risk and parting with a considerable amount.

As for the specifics of the transaction, there are several of them.

1. Representation of a legal entity.
2. Making payment.
3. Preparation of documents.

First of all, before concluding a transaction, you need to make sure that the representative has a power of attorney to sell the car. The document must be on company letterhead and certified by a notary. Only in this way does a document drawn up allow one to hope for the purity of the transaction.

The set of documents for sale is standard, but there are some nuances. For example, all fields for individual owners must contain information about the company. Moreover, it is also important to check the presence of a seal and the signature of a representative of the legal entity.

Please note that the DCT must contain a link to a power of attorney certified by a notary. It must correspond to the one that the representative of the legal entity has in his hands.

To avoid problems in the future, try to deposit money into the company’s cash register. The latter must be equipped with a cash register. After the operation is completed, the cashier is obliged to issue the buyer a cash receipt order certified by the seal of the legal entity.

We are buying a plot

Above, we have already talked about how a legal entity purchases materials from an individual. The time has come to talk about purchasing a plot of land.

What do you need to know about the procedure for purchasing land from an individual by a legal entity? Now we'll tell you.

The entire procedure revolves around the purchase and sale agreement. It contains both the seller's and buyer's details. Everything seems to be clean, but it’s not.

Before a legal entity agrees to a transaction, it must be aware that there are certain risks. We are talking about:

1. Difficulty in verifying the legal purity of the acquired land.
2. The risk of land seizure during the registration process by government authorities.
3. The presence of encumbrances that do not allow certain actions to be performed with the site.
4. Inflated cost of land.

How to check documents? Unlike the purchase of an operating system from an individual by a legal entity, there are a lot of subtleties here.

In order not to fall for the tricks of scammers, it is enough to independently collect documents that will help discover hidden information.

First you need to make copies of these land documents. Please note that the authentic registration certificate is protected by a hologram and watermarks. To check the document you need to contact the federal registration service. If the seller has nothing to hide, then he will give the document without any problems.

It is also necessary to check the land by cadastral number. This is done on the Rosreestr website using the public card of the federal registration service.

It is worth ordering an extract for the site from the federal registration service. It will show whether there are encumbrances on the land, arrest and who is the owner of the site.

If you are afraid that you cannot handle it yourself, entrust the inspection to a real estate agency.

Options for purchasing fixed assets

1. With your own money.

This is the easiest way to purchase an OS in terms of design and labor costs. But its main disadvantage is that a significant part of monetary resources is immediately withdrawn from circulation. The object is accounted for by postings for the amount of all money spent (taking into account transport, installation, commissioning costs and other expenses incurred).

2. In installments.

The Civil Code allows businesses to purchase fixed assets with installment payments. According to Art. 823 of the Civil Code of the Russian Federation, the seller of property can provide a so-called commercial loan. The advantages of such a transaction are that it can be completed without a third party - a credit institution, a leasing company, plus - no interest is charged on the price of the object. Typically, an installment plan involves simply spreading out an agreed amount in equal payments over a specified period of time. But the contract may have pitfalls in the form of paying insurance, commissions, or a significant down payment (about 30%), so the final costs will be the same as with a loan.

3. On lease.

A leasing agreement can be drawn up for any “non-consumable property”: property complexes, buildings, structures, equipment, vehicles, with the exception of land plots (Article 3 of Law No. 164-FZ of October 29, 1998). The subject of the transaction usually remains the property of the leasing company until the lessee company pays its full cost. Essentially it is a rent with subsequent purchase. But this transaction differs from a regular lease in that the amount of the monthly payment and the payment period are usually selected so that during the period of the contract the lessee pays the cost of the object, taking into account the lessor’s remuneration.

Reflection in the balance sheet is possible in two ways (by agreement of the parties): property can be recorded on the balance sheet of both the lessor and the lessee.

AK Bars Leasing company offers various leasing programs. How much more profitable buying an OS with the help of a leasing company will be than purchasing it on credit can be calculated using a special calculator on the website.

4. For loan funds.

Unlike leasing, the company can use funds received on credit from the bank to purchase any fixed asset (including land). Another important point: the object immediately becomes the property, but an encumbrance is placed on it in the form of collateral , which will be removed only when the loan is fully repaid. With a loan, the property is taken into account on the borrower's (i.e. your company's) balance sheet.

As a rule, interest rates on bank loans are lower than on leasing. But leasing companies have established relationships with equipment suppliers and car dealers who provide preferential conditions, so this difference in percentage will likely be compensated by the discount provided.

Many banks are willing to provide borrowed funds for the purchase of fixed assets. For example, under one of Ak Bars Bank’s programs you can get a loan at an interest rate of 7.42% for the purchase of vehicles and special equipment (including agricultural equipment of the Republic of Belarus).

How does the deal work?

The process is not much different from the standard one, but it is still worth describing. First, the seller shows the plot. If the buyer is satisfied with everything, then the parties move on to developing a preliminary agreement. The next step will be to collect the necessary documentation, after which the main contract will be drawn up. When all the bureaucratic aspects are completed, the buyer transfers the money to the seller and they sign the contract.

The final stage is considered to be the moment when the buyer receives ownership of the land.

The agreement must be in triplicate. Why so many? One remains with the present owner, the other is kept by the past owner, the third must be given to the Register to register ownership rights.

What should the document contain?

1. Seller information. This includes passport details, first name, patronymic and last name.
2. Description of the land plot along with the cadastral number, category of land, absence or presence of encumbrances, cadastral value.
3. Features of payment and amount of the transaction. This point must be described in great detail so that the parties do not have any complaints later.
4. List of papers that are attached to the agreement.