Find out the financial condition of the company. Assessment of the financial condition of counterparties

In this article we will tell you how, using available means, you can partially check a legal entity for solvency. This will be useful both for those who have already entered into an agreement with one or another legal entity, and for those who are planning to sue the debtor.

After all, a large number of decisions are not enforced at all, and it is advisable for you to know in advance whether it is worth spending time and effort on the court or not.

These instructions will also be useful to those who are planning to purchase an apartment in a new building.

You can also order a developer inspection from our company.

As a result of checking the developer, we provide you with a report produced according to our full testing methodology developer.

An example of a report on a full inspection of a developer can be viewed here: “-2018”.

Cost of verification.

How it happens in practice ( from the experience of one of the shareholders):

There is a well-promoted brand, let’s call it “Groim We Build Quickly”, and this group of companies includes LLC “Romashka”, LLC “Gibloe Delo”, LLC “We Build Bad”. There are 3 construction projects posted on the website of the company “GK Stroim Bystro”, the site is serious, and the GC itself has many offices.

The first impression is that the company is reputable, well-known, perhaps even one of my friends bought an apartment from them once. As a result, you decide to enter into an agreement with “GK We Build Quickly”. In the official office, where the inscriptions “GK We Build Bystro” are displayed, the manager in a company uniform exudes reliability, you are presented with branded booklets with the logo “GK We Build Bystro” and there is no doubt that you are dealing with a reputable company.

If you suddenly start asking for legal documents, the manager’s rosy smile turns into an evil one, as if you were asking something forbidden, something that should not be discussed under any circumstances. To your question, why is the contract concluded not with GC Stroim Bystro, but with Gibloye Delo LLC, the manager gives you a prepared answer that Gibloye Delo LLC is the official exclusive seller of the developer, and besides, the developer is part of holding group of companies. As a result, the contract is concluded without looking, without thinking, without checking. In the future, the Client will learn about the developer’s problems. The client tries to call the sales office of “GK We Build Quickly,” but they politely send him to the developer and explain that the office in which they entered into the contract is just a sales office and has nothing to do with the developer. After endless promises from the Developer, the client begins to search for information on the Internet, finds forums of shareholders who, like him, thoughtlessly entered into an agreement with an unverified Developer. As a result, the client understands that it was necessary to thoroughly check the documents. It would be good if the endless wait for an apartment eventually ends in receiving it, but statistics show that there are more than 90 problematic construction sites in Moscow and the Moscow region.

So, let's begin.

Signs of an unreliable company:

  1. The company is reluctant to provide any documents and answer questions related to the legal purity of the transaction. They react negatively to any of your questions, as if you are accusing them of fraud.
  2. The company is often sued.
  3. The company has unclosed writs of execution. That is, the debt was confirmed in court and not paid voluntarily.
  4. The company has a lot of negative reviews.
  5. The contracts that you conclude have a different form from that established by 214-FZ.

How to check a company's solvency.

Extract from the Unified State Register of Legal Entities.

The first thing you need to do is to obtain an extract from the Unified State Register of Legal Entities for the legal entity with which you have entered into an agreement on the tax office website.

Indicate the developer's INN or OGRN or name, enter the verification code and download the extract.


In the extract from the Unified State Register of Legal Entities we are interested in the TIN of the director, it will be useful to us later.

Also pay attention to when the CEO was elected. If the change occurred recently and numerous companies are hanging on us, this may indicate that the company is preparing for bankruptcy. The general director is replaced by a so-called “nominee” director in order to avoid criminal liability under Art. 315 of the Criminal Code (Failure to comply with a court sentence, court decision or other judicial act). Usually, while a house is being built, the company is managed by a normal general director, this is necessary to attract investors, loans, etc. But as soon as the time comes to pay the bills, the directors are replaced with a nominal one, to whom no one will ever even issue a loan. But the company no longer needs them, because it is simply throwing itself to the mercy of fate. If the director has changed recently, then this is a bad sign.

Information about the general director looks like this:


The director’s TIN is not present in all statements (it is not in the picture), because not everyone has a tax identification number. If there is one, be sure to write it down.


Also useful information for us will be the date of registration of the legal entity.


The older the company, the more reliable it is. If the company was opened quite recently, and the brand, according to the developer, has existed much longer, then think about why they closed the company that existed before? If the developer’s manager tells you that they have been working in the real estate market for more than 20 years, and the company with which you are entering into an agreement has existed for only 5, this means that the brand is registered to another legal entity, which holds all the assets of the company, and the person with with which you enter into an agreement, was created specifically in order to eliminate all debts without losses for the owners in case of troubles.

Whether the company files a tax return or not.

If it doesn’t work, then the conclusion is simple - you can’t expect anything good from such a company. If a company fails to file a tax return, the Federal Tax Service may seize all of the company’s accounts. Consequently, the company will not be able to function normally, this is a bad sign.

How to find out which company a trademark is registered to.

It is very good if you enter into an agreement with the company to which the brand is registered. A brand is registered to a company where there is money and assets; a brand is the most valuable asset of the company. How to find out which company a trademark is registered to?

You can ask the Developer directly. If they answer that it is the company with which the contract will be concluded, ask for a copy.

It is important that the company name and address completely match the name and address of the legal entity indicated on the certificate.

On this site you can obtain information on the trademark and the legal entity to which it is registered.

In addition to information on trademarks, on this site you will receive a lot of other useful information.

How to determine the developer company - the legal entity with which you will enter into an agreement.

It is important to correctly identify the developer and check it. If you check the legal entity to which the brand is registered, the result of the check may be positive, since all assets are concentrated specifically in the parent company, but if you check the Developer, the result of the check may be completely opposite.

Details of a legal entity can usually be found on the “Contacts” tab or in the project declaration, which should be posted on the website. It is important to check the details specified in the declaration posted on the website with other permitting documentation. If such information is not posted on the site, then this is a minus. This means that the company is hiding something, because reliable companies post full details, including bank details, on their website. Why doesn’t a group of companies advertise the details of the entire group?

Because there are probably companies that are part of the group or were once part of it and have a dark history - such as an unfinished house or a completed one, but with a delay of, for example, 5 years. Knowing the entire list of companies included in the group, you can already check the entire history of the company. So the companies hide all affiliated legal entities.

We check the director for rating.

A nominee director is a person who is legally listed as the general director and bears all legal responsibility, while the actual management of the company is carried out by another person. The nominee director is actually a homeless person who does not care that he will be subject to debts or any criminal liability.

To check the director's rating, you need to know the TIN of the general director. We recognized him in the extract Unified State Register of Legal Entities

Next, go to the website: https://focus.kontur.ru, https://www.kartoteka.ru,enter the TIN and see the results. If there are a lot of companies listed for a given individual in the search results, then this may indicate the nominee of the general director.


If the director is a nominee, then the company has already prepared in all respects to defend itself from creditors, government agencies and other persons who make certain demands on the company. If the developer’s company is run by a homeless person, then you should refrain from cooperating with such a company.

Analysis of the company's judicial work.

A very important indicator. We go to the court file website: https://kad.arbitr.ru https://www.1cont.ru/ , https://ras.arbitr.ru, https://sudact.ru/

Enter the company name and press start.


Next, we analyze how many lawsuits the company has. If the company is mainly listed as a Defendant, then this is a bad indicator, which means that the company does not pay contractors and suppliers. This may indicate financial problems of the company. The company is only delaying time by going to court. You also need to analyze the amount of debt. If the amounts are small, then this is not important for a large developer. If the company acts as a Plaintiff, then on the one hand, this may indicate that the company is stable and the owner will not abandon it. But on the other hand, this may indicate financial problems. If the claim is large, it means the company did not receive the money it expected, and this could ultimately undermine the company's financial stability. The subject matter of the trial will be of fundamental importance. Pay attention to who the Developer is suing: Vodokanal, Electric Network or the designer - this may affect the delivery time of the house. Well, it’s not good at all if the company is bankrupt. Such cases are marked with a red letter “B”.

In short, a company's court cases can tell a lot about the company's position.

Unclosed debts of the company.

On the FSSP website https://fssprus.ru/iss/ip/ you can find out about outstanding enforcement proceedings.

Enter your company name and select your region. The region is determined by an extract from the Unified State Register of Legal Entities.


If a company has a lot of debts for large amounts, then this means only one thing - there is no money. Pay attention to the period when enforcement proceedings were initiated. If this period is within two months, then it is quite possible that the writs of execution will soon be executed. And if there are unclosed debts on the FSSP website that are more than two months old, then this is definitely a bad sign. Suing such a company is a waste of time and effort. But even the very fact of the presence of writs of execution may indicate a lack of money in the Developer’s current accounts. When the company has money, the sheet is presented immediately to the bank and the money is debited within three days. They come to the bailiffs when there is no money in the company’s accounts and, in order to enforce the decision, the property must be seized. Pay attention to what type of debt the company has. If this is a state duty or a fine, then there is no reason to worry. State duties are sent by the court directly to the bailiff, bypassing the company's accounts. Enforcement proceedings are not a quick process, so the debt can “hang” on the company for a long time.

How else can you check the company?

Check the company website.

You can check the company’s website on various Internet services. We use this: https://www.cy-pr.com/

We go in, enter the site being checked into the analysis line and get a sample. In the sample, we are interested in the date of creation of the site and the owner of the site, that is, to whom the site is registered. For example, if a website was created in 2017, and a legal entity was registered in 2018, then ask yourself: how many companies did these individuals have in the period from 2017 to 2018 and where are they now? A good indicator would be if the site is registered under the legal entity you are checking.

But if the site is registered to another legal entity, this is not always bad.The site is often registered with an Internet provider or individual entrepreneur, this often happens. It would be suspicious if, for example, the person being checked is Romashka LLC, and the site is listed under Romashka 2 LLC. The most reliable criterion when evaluating a company is high site traffic, this indicates that search engines love this site, and this may indicate the seriousness of the company and the presence of a good budget for Internet marketing. And a good budget can only be in companies with well-thought-out business processes. As a rule, a one-day company has a website that appears in searches only in advertising results. When choosing a company on the Internet, focus on natural search results. Search engines will make the initial selection of sites for you.

Currently, search engines evaluate sites based on numerous criteria - a total of more than 1000 indicators, including the following: does the company have an office, are the details provided, is there a telephone number, etc. One of the most important indicators is the assessment of the behavior of previous users. Let's say you are looking for: a lawyer to collect penalties from a developer through Arbitration. You wrote out a list of companies for yourself, went to see them, in the end you didn’t like something and after some time you returned to the search with the same request. As a result, your choice fell on company number two. This behavior became typical for most users, and as a result, search engines began to rank the site of company No. 2 better. It is impossible to gain a foothold in the natural search results for companies that provide a particular service poorly. It’s long and expensive; fly-by-night companies don’t work like that. Such ranking does not happen with sites that appear in search results using advertising. If you want to receive high-quality services and products, choose sites from natural search results. Search robots and users have already done this for you, so join the choice of the majority! It is necessary to understand which sites appear in searches using natural search results, and which ones using advertising.

IN Market leader companies are usually assigned to the top.

It would be a good idea to check the company for participation in government contracts.

On this commercial website: https://new.tenderguru.ru/ you can learn about the history of the company’s participation in government contracts.



If a company participates in tenders and auctions, then this in itself is a good sign. This may mean that the company is active and needed by the owner. If a company wins a certain tender, then this is even better, since government contracts impose quite stringent requirements for companies.

Company group.

If the developer is part of a group of companies, this is not always a good sign. In Russia, the construction business is structured in such a way as to protect itself from possible risks: from possible fines from government agencies, from shareholders who suddenly decide to collect a penalty for late transfer of an apartment, from claims from contractors, etc. and so on. The group of companies is structured in such a way that the parent (brand) company makes a profit and remains afloat, and all responsibility falls on the newly created legal entity. a person with no assets. In this case, nothing threatens the business, the owner liquidates the company with all debts, and the remaining legal entities. individuals continue to work without loss. When concluding an agreement with one of the legal entities included in the group of companies, you hope that the company has a long history, good assets, and in case of problems, there will be something to take from it.

In fact, the situation turns out to be the opposite: in the official office of the company you sign an agreement with another legal entity that has absolutely nothing to do with the branded large company.So, the company with which you will enter into an agreement most likely has neither its own office, nor property, nor anything except promises. Most large and small developers work according to this model, and people do not understand when they enter into an agreement that it is impossible to get anything from the Developer. Only after receiving a decree from the bailiff about the impossibility of executing the court decision and closing the enforcement proceedings, does a person understand that the business was initially built in such a way that a group of companies would not pay their debts. The brand is not in danger, because the companies are not legally connected in any way, the developer opens another LLC, and the story of defrauded shareholders is repeated again. And all accusations directed at a well-promoted brand can have unpleasant consequences. The company may file a lawsuit against the distributors of defamation.

If you have a group of companies in front of you, then you need to check the entire group. And if at least one company included in the group has a bad history with defrauded shareholders, it means that there are dishonest people behind the group of companies, and the situation with non-receipt of an apartment may repeat itself.

A good sign would be to conclude an agreement with the company to which the trademark is registered.

As a rule, all large developers consist of a group of legal entities. This is not always a bad thing and it does not always mean avoiding responsibility. There are companies that absolutely openly show their structure, reporting, and, most importantly for us, you can trust them with your money in exchange for built square meters.

The purpose of this article is to protect the buyer. Every day in our practice we come across clients who, when buying an apartment, do not even imagine how risky this relationship can be. In essence, many developments are financial pyramids, in which you can win or lose by participating. To prevent signing a contract from turning into a game of roulette, when a player bets all his savings on red, weigh all the risks thoroughly, check the contract and the Developer’s documents, or contact a lawyer who will check the risks, and all you have to do is read the report and make an informed decision. Our company is ready to check the solvency of the developer or counterparty for you.

Use the balance sheet to examine a company's financial position at a particular point in time by looking at how it balances assets, liabilities, and shareholders' equity.

  1. The basic balance sheet equation is: Assets = Liabilities + Equity
  2. Assets. Remember that assets give value to a business. The quality of asset management can be determined by assessing how they are distributed between cash, accounts receivable, short-term and long-term investments, inventories, fixed assets, structures, land, and buildings. In doing so, you will be able to understand whether the business is able to maintain and grow its operations, or whether it will close.
  3. Capital. Capital represents the company's own funds. It is the main source of funds to maintain business operations. When reviewing the capital division, look at the number of common and preferred shares issued. Using the capital sections you will be able to assess the real value of the business from the point of view of its owners. An impressive net worth can serve as an indicator of a business's ability to continue operating and grow. The opposite situation indicates the presence of problems and the likelihood of business closure.

Use the cash flow statement to understand the cash flows for the reporting period. There are two methods of preparing a cash flow statement: direct and indirect.

  1. The direct method summarizes the receipt and use of funds in the reporting period.
  2. The indirect method involves adjusting net income for transactions that affected it, but did not affect the amount of cash.
  • Check the statement of shareholders' equity for more detailed information about changes in the equity section of the balance sheet during the reporting period.

    You will be able to see how many shares are allowed for issue and how many of them are actually issued. In this report you can see the changes that have occurred in the items of ordinary shares, preferred shares, additional capital and retained earnings.

    Let's consider the concept, calculation formula and economic meaning of the company's net assets.

    Net assets (Net assetsEnglishNet Assets

    ) – reflect the real value of the enterprise’s property. Net assets are calculated by joint stock companies, limited liability companies, state-owned enterprises and supervisory authorities. The change in net assets allows you to assess the financial condition of the enterprise, solvency and level of bankruptcy risk. The methodology for assessing net assets is regulated by legislation and serves as a tool for diagnosing the risk of bankruptcy of companies.

    Net asset value. Calculation formula

    The assets include non-current and current assets, with the exception of the debt of the founders for contributions to the authorized capital and the cost of repurchasing their own shares. Liabilities include short-term and long-term liabilities excluding deferred income. The calculation formula is as follows:

    NA – the value of the enterprise’s net assets;

    A1 – non-current assets of the enterprise;

    ZU – debts of the founders for contributions to the authorized capital;

    ZBA – costs of repurchase of own shares;

    P2 – long-term liabilities

    P3 – short-term liabilities;

    DBP – deferred income.

    The amount of net assets is calculated based on the balance sheet data (Form No. 1), and the formula is as follows:

    Example of calculating the net asset value of a business in Excel

    Let's consider an example of calculating the value of net assets for the organization OJSC Gazprom. To estimate the value of net assets, it is necessary to obtain financial statements from the official website of the company. The figure below highlights the balance sheet lines necessary to estimate the value of net assets; the data is presented for the period from the 1st quarter of 2013 to the 3rd quarter of 2014 (as a rule, the assessment of net assets is carried out annually). The formula for calculating net assets in Excel is as follows:

    Net assets=C3-(C6+C9-C8)

    Video lesson: “Calculation of net assets”

    Net asset analysis is carried out in the following tasks:

    • Assessment of the financial condition and solvency of the company (see → “ “).
    • Comparison of net assets with authorized capital.

    Solvency assessment

    Solvency is the ability of an enterprise to pay for its obligations on time and in full. To assess solvency, firstly, a comparison is made of the amount of net assets with the size of the authorized capital and, secondly, an assessment of the trend of change. The figure below shows the dynamics of changes in net assets by quarter.

    Analysis of the dynamics of changes in net assets

    Solvency and creditworthiness should be distinguished, since creditworthiness shows the ability of an enterprise to pay off its obligations using the most liquid types of assets (see →). Whereas solvency reflects the ability to repay debts both with the help of the most liquid assets and those that are slowly sold: machines, equipment, buildings, etc. As a result, this may affect the sustainability of the long-term development of the entire enterprise as a whole.

    Based on the analysis of the nature of changes in net assets, the level of financial condition is assessed. The table below shows the relationship between the trend in net assets and the level of financial health.

    Comparison of net assets with authorized capital

    In addition to the dynamic assessment, the amount of net assets for an OJSC is compared with the size of the authorized capital. This allows you to assess the risk of bankruptcy of the enterprise (see →). This comparison criterion is defined in the law of the Civil Code of the Russian Federation ( clause 4 art. 99 Civil Code of the Russian Federation; clause 4 art. 35 of the Law on Joint Stock Companies). Failure to comply with this ratio will lead to the liquidation of this enterprise through judicial proceedings. The figure below shows the ratio of net assets and authorized capital. The net assets of OJSC Gazprom exceed the authorized capital, which eliminates the risk of bankruptcy of the enterprise in court.

    Net assets and net profit

    Net assets are also analyzed with other economic and financial indicators of the organization. So the dynamics of growth of net assets is compared with the dynamics of changes in sales revenue and. Sales revenue is an indicator reflecting the efficiency of an enterprise's sales and production systems. Net profit is the most important indicator of the profitability of a business; it is through it that the assets of the enterprise are primarily financed. As can be seen from the figure below, net profit decreased in 2014, which in turn affected the value of net assets and financial condition.

    Analysis of net asset growth rate and international credit rating

    In the scientific work of Zhdanov I.Yu. shows that there is a close connection between the rate of change in the net assets of an enterprise and the value of the international credit rating of such agencies as Moody’s, S&P and Fitch. A decrease in the economic growth rate of net assets leads to a decrease in the credit rating. This in turn leads to a decrease in the investment attractiveness of enterprises for strategic investors.

    Summary

    Net asset value is an important indicator of the amount of real property of an enterprise. Analysis of the dynamics of changes in this indicator allows us to assess the financial condition and solvency. The value of net assets is used in regulated documents and legislation to diagnose the risk of bankruptcy of companies. A decrease in the growth rate of an enterprise's net assets leads to a decrease not only in financial stability, but also in the level of investment attractiveness. Subscribe to the newsletter on express methods of financial analysis of an enterprise.

    Fly-by-night counterparties can cause damage both to the state in case of tax evasion, and to the taxpayer, who will have to prove the validity of the tax benefit received when returning VAT or when accounting for expenses for profit tax purposes as a result of interaction with such unscrupulous counterparties.

    Inspections are guided by the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated October 12, 2006 No. 53 "", which established the main signs of bad faith taxpayer and rules for their determination.

    Taxpayers, in order to prove the exercise of due diligence and caution when choosing a counterparty, can turn to Public criteria
    self-assessment of risks for taxpayers, used by tax authorities in the process of selecting objects for conducting on-site tax audits (approved by order of the Federal Tax Service of Russia dated May 30, 2007 No. MM-3-06/333@ " "), as well as explanations from financial authorities regarding the in which case the taxpayer is considered to have fulfilled the obligation to verify the counterparty.

    In order to protect yourself from risks when conducting business and possible claims from tax authorities, there are many opportunities to verify the integrity of a potential business partner.

    We have identified a number of actions that, in the opinion of tax authorities and courts, must be performed to confirm the exercise of due diligence and caution when choosing a counterparty.

    You can find out whether a license was issued to a potential counterparty at websites of licensing authorities– for each type of activity the licensing authority will be different. For example, the Rospotrebnadzor website allows you to search through registers of licenses issued for activities related to the use of infectious disease agents and for activities in the field of using ionizing radiation sources.

    7. Get acquainted with the annual financial statements of the counterparty. In accordance with clause 89 of the Regulations on accounting and financial reporting in the Russian Federation (approved by the Ministry of Finance of Russia dated July 29, 1998 No. 34n), the annual financial statements of the organization are open to interested users(banks, investors, creditors, buyers, suppliers, etc.) who can familiarize themselves with it and receive copies of it with reimbursement for the costs of copying, and the organization must provide an opportunity for interested users to familiarize themselves with the financial statements.

    In addition, Rosstat is obliged to provide information on the annual financial statements of organizations free of charge (Regulations on the Federal State Statistics Service, approved by the Government of the Russian Federation dated June 2, 2008 No. 42, Rosstat dated May 20, 2013 No. 183 “On approval of the Administrative Regulations for the provision of Federal State Statistics Service of the state service "Providing interested users with accounting (financial) reporting data of legal entities operating on the territory of the Russian Federation."

    8. Study the register of unscrupulous suppliers. Of course, a potential counterparty is not necessarily a participant in the procurement system for state and municipal needs, but there is such a possibility. Therefore, we still recommend going through this optional stage of verification and searching for the appropriate register, updated by the FAS of Russia.

    Advice

    We recommend developing local regulatory act on organizing and improving pre-contractual work with potential counterparties, which would indicate its goals, principles of activity and interaction between managers, supply and security services, lawyers and other taxpayer officials who are in contact with potential counterparties, and also list the documents that must be requested from counterparties and other persons. The courts also pay attention to the existence of such a local act (resolution of the Federal Antimonopoly Service of the Moscow Region dated May 23, 2013 in case No. A40-98947/12-140-714). In addition, it makes sense to publish separate orders on checking a specific counterparty to subsequently confirm that one is right in the event of a conflict.

    9. Check the authority of the person signing the agreement. Courts often point to the need to verify credentials as a condition for recognizing a taxpayer as bona fide (FAS ZSO dated May 25, 2012 in case No. A75-788/2011, Eighth Arbitration Court of Appeal dated September 20, 2013 in case No. A46-5720/2013) . Moreover, if the taxpayer has received all the necessary documents and information, but has not verified the authority of the counterparty’s representative to sign the documents, this will be grounds for recognizing this taxpayer as dishonest (resolution of the Federal Antimonopoly Service of the Moscow Region dated July 11, 2012 in case No. A40-103278/11 -140-436).

    When considering a case, if a signatory refuses to sign on documents, a handwriting examination- but sometimes it can be done without it (FAS UO dated June 30, 2010 No. F09-4904/10-S2 in case No. A76-39186/2009-41-833). However, more often the courts emphasize that a simple visual comparison of signatures and the testimony of a taxpayer’s representative cannot be considered a sufficient basis for recognizing that documents were signed by unidentified persons (decision of the Third Arbitration Court of Appeal dated October 13, 2010 in case No. A33-4148/2010).

    And of course, the courts establish the fact of bad faith of the taxpayer in the event that the authorized representative of the counterparty at the time of signing the documents died(Higher Arbitration Court of the Russian Federation dated December 6, 2010 No. VAS-16471/10) or his powers were terminated(FAS PO dated February 28, 2012 No. F06-998/12 in case No. A65-14837/2011). On the other hand, the latter case cannot, in the opinion of the courts, indicate the receipt of an unjustified tax benefit if, before the conclusion of the controversial transaction, the taxpayer had a long-term economic relationship with the counterparty (FAS SKO dated April 25, 2013 No. F08-1895/13 in the case No. A53-12917/2012, resolution of the FAS ZSO dated October 27, 2011 No. F07-8946/11 in case No. A52-4227/2010).

    Before signing documents, please pay attention to the following:

    • Is the transaction being concluded for your counterparty large;
    • hasn't it expired? term of office representative of the counterparty (as determined by the organization’s charter or power of attorney);
    • Not limited whether charter powers of the director to conclude transactions the amount of which exceeds a certain value.

    10. Make a request to the tax office at the place of registration of the counterparty. The courts emphasize that this is also regarded as a manifestation of the taxpayer’s prudence (FAS ZSO dated October 14, 2010 in case No. A27-26264/2009, FAS ZSO dated March 5, 2008 No. F04-1408/2008(1506-A45-34) in case No. A45-5924/07-31/153, Third Arbitration Court of Appeal dated October 11, 2013 in case No. A74-5445/2012, Eleventh Arbitration Court of Appeal dated September 5, 2012 in case No. A55-1742/2012 ).

    Moreover, district arbitration courts confirm duty of the tax authorities provide the requested information within the range of information not recognized in accordance with tax secrecy. Thus, the FAS ZSO emphasized that the refusal of the inspectorate to provide information about the taxpayer’s counterparty affects the rights of the latter related to obtaining tax benefits, taking into account the taxpayer’s obligation to confirm due diligence and caution when choosing a counterparty (Resolution of the FAS ZSO dated December 14, 2007 No. F04- 67/2007(77-A67-32) in case No. A67-1687/2007).

    Sometimes the courts even emphasize that the taxpayer had the opportunity to contact the relevant services to check the counterparty, but he did not do so (Resolution of the Federal Antimonopoly Service of the Moscow Region dated September 14, 2010 No. KA-A40/10728-10 in case No. A40-4632/10- 115-57).

    True, occasionally the courts still come to the conclusion that the taxpayer could not apply to the inspectorate at the place of registration of the counterparty, since only tax authorities have such authority (FAS NWO of July 31, 2013 in case No. A13-8751/2012).

    But even if the tax office refuses to respond to the request, the the fact of his direction will indicate that the taxpayer wanted to protect himself when choosing a counterparty and can serve in the future as evidence of due diligence. In this case, it is important that the request is submitted in person to the tax office (a copy of the request with an acceptance mark must be left on hand) or by mail with a receipt receipt and an inventory of the contents (in this case, one copy of the inventory and the returned notification will remain).

    As we see, the positions of the courts regarding the scope of actions that need to be performed to verify the integrity of the counterparty vary. True, sometimes the courts are a little disingenuous.

    Thus, they point out that the tax inspectorate did not prove the lack of due diligence of the taxpayer - on the contrary, when making controversial transactions, he was asked for notarized copies of the necessary documents. At the same time, the courts emphasize that in the field of tax relations there is presumption of good faith, and law enforcement authorities cannot interpret the concept of “bona fide taxpayers” as imposing additional obligations on taxpayers not provided for by law (Resolution of the Federal Antimonopoly Service of the Moscow Region dated January 31, 2011 No. KA-A40/17302-10 in case No. A40-30846/10-35 -187, resolution of the FAS MO dated December 16, 2010 No. KA-A40/15535-10-P in case No. A40-960/09-126-4, resolution of the FAS MO dated July 22, 2009 No. KA-A40/6386 -09 in case No. A40-67706/08-127-308).

    This understanding of good faith was developed by the Constitutional Court of the Russian Federation in October 16, 2003 No. 329-O, which taxpayers often refer to when justifying their position. In particular, the Court emphasized that the taxpayer cannot be held responsible for the actions of all organizations participating in the multi-stage process of paying and transferring taxes to the budget.

    At the same time, courts often indicate the need to request relevant documents from the counterparty, emphasizing what these actions mean for the taxpayer nature of the duty(FAS PO dated July 14, 2010 in case No. A57-7689/2009, FAS ZSO dated July 20, 2010 in case No. A81-4676/2009).

    Sometimes the attention of the courts may be drawn to other details - for example, the conclusion of an agreement for the “trial” supply of goods small batch to check the counterparty (resolution of the Federal Antimonopoly Service of the Moscow District dated December 16, 2010 No. KA-A40/15535-10-P in case No. A40-960/09-126-4), the fact of registration of the counterparty in several days before the transaction (FAS UO dated November 28, 2012 No. F09-11410/12 in case No. A60-7356/2012), etc. Tax authorities may also refer to the fact that the counterparty organization has "mass leaders and founders", and this fact should have alerted the taxpayer (FAS MO dated November 3, 2011 No. F05-11505/11 in case No. A41-23181/2010).

    In conclusion, we note that the presence only one sign of dishonesty counterparty, as a rule, is not an obstacle to recognizing the tax benefit received by the taxpayer as unjustified. However, their combination often makes tax inspectors wary, and the courts make a decision not in favor of the taxpayer.

    Net assets - calculation formula for the balance sheet 2018-2019approved by the Russian Ministry of Finance. How to calculate a company's net assets? What conclusions can be drawn by analyzing the size of the company's net asset value? How often should you calculate your net worth? You will find answers to these questions in our article.

    General concept of net assets

    Assessing the performance efficiency and successfully planning the work of modern companies is impossible without analyzing their economic indicators. One of the most important values ​​among such indicators is the value of net assets (NA).

    The value of net assets is the difference between the value of all the organization’s assets (property, land, cash, etc.) and the sum of all its liabilities (debts for taxes and payments to the budget, loans, etc.). To put it simply, net assets are those company funds that will remain after repaying debts to creditors.

    The calculation of net assets is mandatory once a year and is reflected in the annual financial statements on line 3600 of Section 3 of the Statement of Changes in Capital. It is also done when necessary to obtain information about the current financial situation, to pay interim dividends or the actual value of the share to the participant.

    How to calculate the net asset value according to the 2018-2019 balance sheet (formula)

    To find out this, let us turn to the order of the Ministry of Finance of Russia dated August 28, 2014 No. 84n, which provides the procedure for their calculation.

    It is valid for companies of the following forms of ownership:

    • joint stock companies (public and non-public);
    • limited liability companies;
    • state and municipal unitary enterprises;
    • cooperatives (industrial and housing savings);
    • business partnerships.

    According to Order No. 84n, to calculate the company’s net assets, the value of liabilities must be subtracted from the value of assets. The formula used for this is:

    NA = (VAO + OJSC - ZU - ZVA) - (DO + KO - DBP),

    NA - net assets;

    VAO - non-current assets of the organization;

    OJSC - current assets of the organization;

    ZU - the debt of the founders to the organization to fill shares in the authorized capital;

    ZBA - debt incurred during the repurchase of own shares;

    DO - long-term obligations;

    KO - liabilities of a short-term nature;

    DBP - future income (in the form of government assistance and gratuitous receipt of property).

    To calculate net assets, you can also use the data contained in the company's balance sheet. To calculate the value of net assets on the balance sheet, the formula can be modified:

    NA = (line 1600 - ZU) - (line 1400 + line 1500 - DBP).

    For more information about the values ​​​​given in this formula, read the article “Net assets - what are they on the balance sheet (nuances)?” .

    Please note that it is not enough to simply do the calculation on a calculator; it must also be formalized. There is currently no approved form. Companies must develop a form for calculating net assets for 2018-2019 independently and approve it as an annex to their accounting policies. However, earlier, before the publication of Order No. 84n of the Ministry of Finance dated August 28, 2014, the form given in the appendix to Order No. 10 of the Ministry of Finance of the Russian Federation and the Federal Commission for the Securities Market of Russia dated January 29, 2003 No. 03-6/pz was used to calculate net assets. The form of this form lists all the indicators that are required to calculate net assets even now, therefore we consider its use acceptable (after its approval in the accounting policies of the organization).

    You can download this form on our website:

    Net Asset Value Analysis

    It is easy to conclude that when analyzing net assets, the output should be a positive result. A negative one will indicate that the company is unprofitable and with a high degree of probability in the near future may become completely insolvent, that is, insolvent. The only exception can be a recently opened company, since during its existence the invested funds did not have time to justify themselves and did not generate income for objective reasons. Thus, the dynamics of calculating net assets is one of the key indicators of the company’s financial condition.

    Note that when calculating and assessing net assets, the authorized capital of the company plays an important role. If the amount of net assets exceeds the amount of the authorized capital, this indicates the well-being of the company. If the net assets at some stage become less than the amount of the authorized capital, this indicates the opposite: the organization is operating at a loss.

    What consequences await the company if net assets are less than the authorized capital, read.

    Let us repeat: this situation is acceptable only for the 1st year of the company’s operation. However, if after this period the situation does not change in a positive direction, the company’s management is obliged to reduce the size of the authorized capital to the amount of net assets. If this figure is equal to or less than the minimum indicators established by law, the issue of closing the enterprise should be raised (clause 4, article 30 of the Law “On LLC” dated 02/08/1998 No. 14-FZ).

    Read more about the consequences of negative NA values ​​in the material “What are the consequences of negative net worth?” .

    Results

    The amount of net assets is one of the most important indicators of the financial viability of an organization. The higher it is, the more successful the organization and the more attractive it is for investment. Only an organization with high net assets can guarantee the interests of its creditors. This is why it is necessary to be very careful when assessing the value of a company's net assets.

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