Determination of income upon receiving property and acquisition of rights from the liquidated organization

The compilation of the liquidation balance sheet is a starting point for understanding the financial condition of the company. There are two types of the liquidation balance sheet: an interim liquidation balance sheet and a final liquidation balance sheet. An interim liquidation balance sheet is calculated to define an amount of available property, debts and lenders. The main goal of this procedure is to establish to meet the demands of lenders. A final liquidation balance sheet compilates after all tax payments and settlements with creditors.

If a legal entity has fulfilled their obligations to the lenders and paid taxes, and a company has profit and an available property, then they are distributing proportionally to their shares. At the same time, when a company is liquidated and the property of the liquidated organization is distributed, the determination of the income of taxpayers-shareholders of the liquidated company is based on the market price of the property and property rights they receive at the time of their receipt , minus the actually paid value of shares In the letter of the Ministry of Finance of the Russian Federation No. 03-03-06/1/34243 as of 04/17/2023, it is stated that only the positive difference between the acquired property after the liquidation procedure and the actually paid value of the shares.

If a subsidiary company is liquidating, the calculation procedure does not change. The liquidation commission also determines the market value of the received objects. If the received property exceeds the value of the contribution to the charter capital, the difference is reflected in non-operating income as gratuitously received assets. In this case, you will have to pay tax on the difference between the contribution and the received property.