The Ministry of
Finance of the Russian Federation, in a letter dated 04.04.2017 No. 03-03-06 /
1/20813, considered the creation of a reserve for the purposes of profit tax of
the upcoming expenses for repair of fixed assets received in leasing.
In accordance with paragraph 3 of Art. 17 of the Federal Law dated 29.10.98 No.
164-FZ "On Financial Lease (Leasing)", the lessee, at its own
expense, performs technical maintenance of the leased asset and ensures its
safety, and also performs capital and current repair of the leased asset,
unless otherwise provided by the leasing agreement.
Article 260 of the Tax Code provides for the right of the taxpayer to create
reserves for future repairs of fixed assets in accordance with the procedure
established by Art. 324 of the Tax Code, to ensure, during two or more tax
periods, the uniform inclusion of expenses for repair of fixed assets.
Proceeding from this, experts of the financial department came to the
conclusion that a taxpayer performing repairs of fixed assets received in
financial leasing (leasing) has the right to create a reserve for the
forthcoming repair of fixed assets in the general procedure provided for by the
Tax Code of the Russian Federation.