Used cars are considered to be demanded property with acceptable value and good condition, therefore, a legal entity often purchases a car from an individual. The procedure differs from the standard agreement between individuals with certain difficulties, since it is important to correctly register such an acquisition, as well as correctly calculate and pay taxes. The procedure is performed by several sequential actions that should not be violated by the heads of enterprises.
Why are companies interested in used cars?
Used cars are in demand in the market, as their purchase has many advantages. The main advantages include:
- reasonable cost in comparison with cars offered by car dealerships;
- good condition, if you choose a fresh car;
- the presence of numerous additional devices represented by car alarms, a second set of tires and other elements that increase the comfort of using the machine and do not increase its cost.
Therefore, even different companies are interested in buying a car in the secondary market. To do this, it is important to understand how a car is purchased from an individual by a legal entity, so that the requirements of the law are not violated.
Purchase procedure
Buying a car from citizens is considered a rather complicated process. To implement it, you need to perform some sequential actions.
Buying a car from an individual legal entity requires payment of taxes and statement of property on the balance sheet of the enterprise.
Car search
The procedure begins by searching for a car, for which it is taken into account, for what purposes the company needs it. If you plan to transport different goods on it, then the truck will be relevant. If the car will be used personally by the head of the company, then a representative car equipped with numerous amenities is selected.
The search may be carried out by the person in charge of the company or intermediaries may be involved for a certain fee. They study all the offers on the market, and then choose really worthwhile options for acquisition.
Seller study
Before concluding a transaction, you should make sure that it is legally clean. Therefore, you will have to refuse to conclude a contract under the following conditions:
- the seller is not the owner of the car, but the user acting on the basis of a power of attorney;
- the owner uses the services of resellers;
- the citizen does not have the original title;
- There are other suspicions that a fraudulent scheme by the seller is planned.
Only with a thorough study of the seller and all the documents available to him can you be sure that buying a car from an individual by a legal entity will be legally clean.
Vehicle inspection
As soon as an acceptable option for purchase is found, you should make sure that the machine is in optimal technical condition. To do this, it is advisable to use the services of specialized auto repair shops or service stations, offering a thorough study of the vehicle for a small fee.
Often during such inspections, it is revealed that the car was involved in an accident, there are painted parts or other problems with the technical condition of the car. Therefore, such a purchase will have to be abandoned.
Direct conclusion of the transaction
If there are no legal and technical problems, a direct purchase of a car from an individual is carried out by a legal entity. The procedure can be carried out with the preparation of various documents selected by the direct buyer. Therefore, documentation can be generated:
- standard contract for the sale of a car from an individual to a legal entity;
- purchase act;
- a combination of a procurement deed with a sales contract.
For the workflow, the procurement act is considered significant, therefore, most often enterprises resort to the use of this document. The rules for compiling documentation include:
- the signature on the documents is put by the responsible person of the company;
- the former owner may require a copy of the power of attorney, on the basis of which the representative of the organization acts;
- information about the seller submitted by his F. I. O., date of birth, passport data and place of residence is entered into the document;
- if the seller has a legal spouse, then in advance she must draw up a written consent to the sale, which is notarized;
- the representative’s signature is affixed to the seal of the organization, and this must be done even in the TCP.
It is the procurement act that serves as the basis for the statement of the purchased car on the balance sheet and for the performance of various accounting operations. Therefore, the purchase of a car from an individual by a legal entity should be carried out with the correct documentation.
Settlements with the seller
As soon as a contract is concluded with the seller, settlements are carried out, for which the former owner of the car receives the previously agreed amount for the car. It is not required to use financial receipts, since the presence of a procurement act is sufficient.
When buying a car a legal entity from an individual, different calculation methods can be used:
- Attracting an accountable person. For this, the head of the company issues an appropriate order, on the basis of which the employee of the enterprise, who is endowed with material responsibility, is appointed. It is he who must carry out the settlement of the transaction. Funds are issued on the basis of the compilation of a cash receipt order on which the direct seller signs.
- Use of cash desk organization. A car purchase from an individual by a legal entity can be carried out using the funds available at the box office of the company. Funds are issued on the basis of an order formed according to the unified form KO-2. Be sure to sign the seller of the car on this document.
- With the help of wire transfer. To do this, the seller must have the bank account details. The transfer involves the formation of a bank account statement, and the company also receives a payment order.
For all calculations, a report is required by the responsible person appointed by the head by issuing the relevant order. Payment by a legal entity of a car for the physical transfer of an object must be made prior to the transfer of the keys. After the funds are transferred to the seller, the transaction is considered completed, therefore only the company must perform other necessary operations.
Balance the machine
If a legal entity buys a car from an individual, then it is required to correctly put the received item on the balance sheet of the enterprise. Machines are classified as fixed assets, since they are always used for more than one year, and their cost is usually not less than 40 thousand rubles.
On the basis of Goskomstat Decree No. 7, it is required to take fixed assets to the balance of the company on the basis of the acceptance certificate, drawn up in the form of OS-1. The TCP is necessarily pinned to the act. An act is drawn up by a special commission appointed by the head of the enterprise to issue an order. Further actions are performed:
- based on the information available in the TCP and the act, an inventory card is formed by the responsible person, for which the unified form OS-6 is used;
- development of the card and act forms by the direct enterprise is allowed, for which the necessary information is entered into the internal regulatory documentation of the company;
- if for various reasons a commission cannot be created, for example, if the company employs no more than three people, then an acceptance certificate is not required, therefore only the necessary stamp is put on the procurement act, which acts as a title document for the car.
It is not allowed that the accountant of the company confuses the acceptance certificate with the purchase certificate. Only with the correct formation of different documents the purchase of a car from an individual by a legal entity will be correctly executed.
Car registration
The purchased car must be correctly registered in the traffic police. To do this, you need to obtain or use the existing diagnostic card issued after the inspection. It confirms that the machine is suitable for use on the basis of its technical condition. Therefore, the actions are performed by the new owner:
- if there is no diagnostic card, you will have to undergo a checkup;
- Further, a compulsory motor liability insurance policy is issued, which can be open or classic;
- then the authorized representative of the company re-registers the car in the traffic police to the company;
- in the traffic police department, a car is inspected, after which the necessary marks are put on the documents.
The purchase of a car from an individual by a legal entity requires the performance of all the above operations, otherwise the use of the car will be illegal.
Entering information in accounting documents
The accounting department of the company must correctly accept the costs of the car in the expenses of the company. For this, the acceptance act, approved by the head of the enterprise, is the basis.
Expenses include the following expenses:
- direct cost of the car;
- interest on a loan issued to purchase a car;
- costs associated with finding a car;
- overhead costs arising from the execution of the transaction;
- expenses necessary for registering a car;
- purchase of various additional devices and elements for a car;
- bringing the machine into technical order.
To account for the costs used postings:
- expenses for the purchase of a car - D08 K60;
- acceptance to the balance of the machine - D01 K08.
In such transactions, taxes are not required.
Do I have to pay taxes?
Quite often, a car is purchased from an individual legal entity. In this case, personal income tax is not charged by the company, since the organization does not act as a tax agent for the seller of the car. The seller, who received income from the sale of property, must independently calculate and pay tax if he owned the car for less than five years after purchase.
Insurance premiums are not charged for such a purchase by the company, since the purchase of a car is not related to labor contracts. It is not required for the company to notify the Federal Tax Service about how much money was transferred to a citizen for a car. This is due to the fact that the organization is not a tax agent for this person, therefore, a standard free transaction is carried out.
Since the seller is an individual, he does not pay VAT. This creates certain difficulties for the company itself, as it will not be able to count on offsetting and refunding VAT. Therefore, the company loses 18% of the transaction price, since VAT will be charged on the sale amount of the car. It is advisable to draw up a contract of sale of a car of an individual to a legal entity only on the condition that it is not planned to sell the car in the future. It is also important to use this method of acquiring fixed assets if the company applies the simplified taxation regimes and therefore does not calculate and does not pay VAT.
How to avoid VAT losses?
If, nevertheless, the company operates on the basis of OSNO and plans to sell a car in the future, then you can use a certain scheme to avoid losing money on VAT. In this case, sequential actions are performed:
- initially you need to find an intermediary company that charges small fees;
- when the seller of the car is found, he should be informed that an intermediary will participate in the transaction;
- if the seller agrees to use this scheme, the car is redeemed by the intermediary on the basis of a predetermined amount;
- Further, a sales contract is drawn up between the intermediary and the direct buyer, according to which VAT is taken into account.
The advantages of this scheme include the simplicity and professionalism of the transaction. The commission is usually from 3 to 7%, which is considered much more profitable than paying the company 18% in the form of VAT.
When using such a scheme, it is important to competently approach the choice of an intermediary who should have an ideal reputation. It is not advisable to use the services of new companies, so it is recommended to focus on cooperation with long-standing and well-known enterprises.
Conclusion
Each company can purchase a car from an individual. Such a purchase has many advantages, but it is important to complete the correct sequential steps to make it. Violations during the transaction may become the basis for bringing the company to administrative responsibility. It is important to correctly prepare all the documents and put the car on the balance sheet of the enterprise.
If the company operates under the general taxation regime, it is advisable to use the services of intermediaries so as not to lose significant funds when paying VAT during the sale of the purchased car.