What are operating payments in bankruptcy? Current payments


The activities of any organization involve expenses. There are different types of spending. One of the varieties is operating costs.

What are operating costs?

Operating expenses (OC) are the current costs of ensuring the operability of fixed assets throughout their entire service life. Current expenses refer to production and sales costs. They will vary depending on the specifics of the organization's activities. For example, if it is a railway entity, funds are spent on transporting goods, passengers, and various luggage. There are operating costs for ensuring fire safety.

The purpose of spending is to fulfill the set goal. For example, a railway company needs to transport cargo. This requires investing in fuel, wages, maintenance, and electricity. The amount of expenses is determined by the volume of equipment used, time of use, and specific costs per hour of operation.

Composition of operating costs

Let's consider the composition of operating costs:

  • Depreciation of equipment and vehicles. Depreciation will be taken into account when it is calculated using the straight-line method. Within the framework of this method, the entire period of operation of the facility is considered.
  • Maintenance and repair of equipment.
  • Public utilities. This refers to the amount written off from the company's profits.
  • Ensuring work responsible for equipment maintenance.
  • Salaries, spending on social needs. Includes earnings of all employees, including part-time employees.
  • Expenses for internal transportation of materials and goods.
  • Costs associated with the operation of equipment.
  • Tax deductions. This is a tax on wages or real estate, if the latter is included in the operating system.
  • Materials. This refers to expenses for acquisition and transportation. These costs are included in the cost of production.
  • Spare parts. They are included in the list only if they relate to the needs of the main production.

These may also be other expenses, depending on the specifics of the enterprise’s activities. The specific composition is determined by the head of the enterprise. Let's look at the cost structure using the example of entities involved in the production of hydrocarbons:

  • Salaries for security guards of fixed assets.
  • Earnings for consultants.
  • Expenditure on preparing reports on the status of funds.
  • Cost of services for assessing the impact of natural resource extraction on the environment.
  • Maintenance of equipment, installations, various structures.
  • Purchasing licenses.
  • Fixed asset monitoring services.
  • Carrying out geological and environmental research, cartography.
  • Environmental research.
  • Reclamation of natural elements that have been disturbed.
  • Decommissioning of the site for which the license was obtained.
  • Storage, waste disposal.

This is the main list. The composition may also include other areas of spending.

Classification

Operating costs are divided into these categories:

  • Basic. These are expenses related to the main activity. For example, this could be money allocated directly to the transportation of goods. This also includes expenses for repair work, employee accruals for unworked time, discounts on products, and social charges.
  • General economic. These are expenses for production services and household management. Expenses without expenses for maintaining the management structure include employee salaries, maintenance of buildings, maintenance of premises and equipment. This is also depreciation of fixed assets, deductions to the reserve for the formation of a repair fund, and the execution of research work. Expenses for servicing the management apparatus include travel allowances and salaries of management staff.
  • Direct. These are the costs of producing products or performing any service.
  • Indirect. Determined through additional calculations. Distributed between different types of products.
  • Motion dependent. These costs vary in proportion to the scale of the work.
  • Independent of the scale of movement. They practically do not change when the volume of work changes. These are constant expenses.

The classification may depend on the specifics of the company's activities. Let's consider grouping expenses by characteristics using the example of an entity that deals with railways:

  • Transportation.
  • Maintaining infrastructure in good condition.
  • Purchase of locomotive traction services.
  • Passenger Transportation.
  • Repair of rolling stock.

In the above case, the grouping is carried out according to these characteristics: areas of work, enlarged forms of activity, articles of the Nomenclature.

Operating cost planning

The development of an ER plan depends on the type of organization. For example, the expenditure plan of a railway company is formed on the basis of a transportation plan, a labor plan and the use of rolling stock. The purpose of planning is to provide current activities with the required amount of funds. If the plan is not drawn up correctly, the funds may not run out on time. Because of this, the company's activities will be suspended. The company will lose profit. Planning is carried out according to cost items. The event takes into account various standards and limits.

Planning is a component of energy management. However, this is not the only element. ER management also includes spending analysis, control over them, and updating the regulatory framework. The planning procedure is divided into a number of stages.

Labor costs

Labor costs usually make up the largest portion of the ER. is formed based on the number of employees and average salary. The number of workers is determined by three methods:

  • According to production and time limits.
  • By volume of production facilities and labor limits per facility.
  • By the number of business units, staffing.

The average employee salary includes salary, bonuses, interest, and additional payments.

The wage fund is the product of average monthly wages and the number of workers. It is necessary to take into account the number of employees present, as well as the number of employees who are on vacation or sick leave.

IMPORTANT! Sick leave payments will not be included in the salary fund. This is due to the fact that these funds are paid not by the employer, but by the health insurance fund. Travel allowances, compensation for unused vacation, and bonuses for know-how will also not be taken into account.

Social Security contributions

The employer is obliged to allocate funds to various funds. These are pension, social, and medical contributions. They make up 34% of the total wage fund. In some cases this ratio may change.

Material costs

Spending on materials is planned depending on the company's activities. Let's consider planning methods using the example of an entity specializing in railways:

  • According to the volume of equipment work and the standards of spending per unit of work volume. For example, lubricant consumption is determined based on the total mileage of locomotives for consumption standards and work plans.
  • According to consumption standards for one equipment. For example, the consumption of materials is determined based on the length of the route and the number of turnouts.
  • Based on the norms of raw material consumption per employee. This method is suitable for establishing expenses for workwear and tools (for example, hand-held flashlights).
  • According to the number of production units and material consumption standards for each structural enterprise.

As a rule, several methods are used for planning. It all depends on what exactly needs to be calculated.

Utility expenses

The main source of expenses is electricity. The railway entity also needs to take into account the fuel needed to transport goods and the costs of technological needs. Fuel costs are determined based on the number of equipment and its power. As part of the calculations, the following aspects must be taken into account:

  • Features of using equipment.
  • Fuel consumption rates per unit of power.
  • Duration of operation of equipment in the period under review.
  • Cost of energy per kilogram of standard fuel.

Energy consumption for lighting is determined based on the number of lighting fixtures, their power, burning hours, and the cost of kW of energy.

FOR YOUR INFORMATION! An entrepreneur can reduce energy consumption. To do this, it is necessary to increase the quality of operation, improve technological processes and quality values ​​of use.

Depreciation deductions

Depreciation is the wear and tear on equipment. It can be physical or mental. The first involves deterioration of characteristics during long-term operation. Physical wear and tear is determined based on the intensity of use, the quality of the materials used, the quality of repair work and maintenance. Obsolescence is the loss of equipment relevance. This happens due to the appearance on the market of new, more advanced technology. Wear standards are determined based on specific equipment.

Depreciation charges are included in operating costs. This is due to the fact that the formed depreciation fund is used to restore worn-out equipment. When making calculations, it must be taken into account that depreciation charges will be uniform throughout the entire period.

FOR YOUR INFORMATION! The calculations usually include not the duration of operation, but the deduction rates.

Operating Cost Accounting

The main task of electronic accounting is timely, complete and objective recording of expenses. With the help of accounting, you can control expenses, introduce savings mode and reduce costs. ER are determined in accordance with a pre-drawn plan. Forming a plan involves justifying the amount of each type of expenditure.

Let's look at the additional functions of ER accounting:

  • Tracking the implementation of the plan.
  • Reduced operating costs.
  • Search for specific areas of savings.
  • Preventing unnecessary spending.
  • Increasing the efficiency of the enterprise.

Accounting must be maintained in such a way that complete information about expenses can be extracted from it.

Classification and correct reflection in accounting

Accounting is organized on the basis of a correctly developed classification. She also participates in planning and controlling expenses. Let's consider the main features of accounting:

  • Packaging costs can be taken into account in a separate account No. 43 only if it is an industrial entity where the products are manufactured. These are non-production expenses. If this is a subsidiary enterprise, a separate account is not used. Expenses are recorded in accounts 46 “Sales” or 47. The expenses in question will also not be reflected separately in the reporting.
  • Expenses for maintaining warehouse staff are included in production costs. This also includes expenses for maintaining warehouses of products and attached funds.
  • For expenses on maintenance and management, you need to create a separate estimate. An accountant should monitor it. As part of synthetic accounting, expenses are recorded either in a single account or in separate accounts. For accounting, you can use account 11 or 26. After recording, expenses are distributed by type of product.
  • Accounting for direct costs is carried out according to costing areas.
  • Employee salaries are reflected in account 70.
  • A separate certificate is created for social insurance expenses. It reflects the accrual amounts determined on the basis of the statement and the distribution of salaries across synthetic accounts. The final data is recorded in the accounting certificate. It assumes correspondence with a score of 69.

IMPORTANT! Synthetic accounting reflects total expenses. That is, they are not divided by cost areas. An SU is needed to reflect the total amount of ER. Analytical accounting involves detailed recording of expenses. It is needed to monitor compliance with the plan in certain areas. The organization of these forms of accounting is determined depending on the method of accounting: manual or using computers.

ATTENTION! The accountant must also draw up a statement of distribution of expenses. It is formed by grouping expenses into synthetic accounts.

Reimbursement of operating costs

Reimbursement of expenses is relevant if the entrepreneur rents premises. He is obliged to compensate the landlord for the costs of services. It is recommended to reflect expenses for reimbursement of electronic equipment under expense item 244 “Other purchases”. To process compensation, you must either include payments in the rental amount, or draw up a separate agreement for compensation.

In the event that the termination of the activities of the debtor's organization or its structural divisions may entail man-made and (or) environmental disasters or loss of life, the costs of taking measures to prevent the occurrence of these consequences are also paid out of priority before any other claims of creditors for current payments.

(see text in the previous edition)

2. Claims of creditors for current payments are satisfied in the following order:

first of all, demands for current payments related to legal expenses in the bankruptcy case, payment of remuneration to the arbitration manager, collection of arrears in payment of remuneration to persons who performed the duties of the arbitration manager in the bankruptcy case, requirements for current payments related to payment for the activities of persons are satisfied, the involvement of whom by the arbitration manager to perform the duties assigned to him in a bankruptcy case in accordance with this Federal Law is mandatory, including the collection of debts to pay for the activities of these persons;

Secondly, the requirements for payment of wages of persons working or who worked (after the date of acceptance of the application for declaring the debtor bankrupt) under an employment contract, requirements for the payment of severance pay are satisfied;

in the third place, demands for payment for the activities of persons engaged by the arbitration manager to ensure the fulfillment of the duties assigned to him in the bankruptcy case are satisfied, including the collection of debts for payment for the activities of these persons, with the exception of the persons specified in paragraph two of this paragraph;

fourthly, requirements for operational payments (utility payments, payments under energy supply contracts and other similar payments) are satisfied;

(see text in the previous edition)

Fifthly, requirements for other current payments are satisfied.

Claims of creditors for current payments related to one queue are satisfied in calendar order.

(see text in the previous edition)

2.1. Requirements of the head of the debtor, his deputies, persons included in the collegial executive body of the debtor, the chief accountant of the debtor, his deputies, the head of the branch or representative office of the debtor, his deputies, the chief accountant of the branch or representative office of the debtor, his deputies for payment of severance pay and (or) other compensation, the amount of which is established by the relevant employment contract, in the event of its termination in part exceeding the minimum amount of relevant payments established by labor legislation, are not among the claims of creditors for current payments and are satisfied after satisfying the claims of creditors of the third priority, provided for in paragraph four of clause 4 of this articles.

3. When considering a complaint from a creditor regarding current payments, the arbitration court, when satisfying the complaint, has the right to determine the amount and priority of satisfying the creditor’s claim regarding current payments.

(see text in the previous edition)

4. The claims of creditors are satisfied in the following order:

First of all, settlements are made on the claims of citizens to whom the debtor is liable for causing harm to life or health, by capitalizing the corresponding time payments, as well as settlements on other requirements established by this Federal Law;

(see text in the previous edition)

Secondly, calculations are made for the payment of severance pay and (or) wages of persons working or who worked under an employment contract, and for the payment of remuneration to the authors of the results of intellectual activity;

(see text in the previous edition)

Thirdly, settlements are made with other creditors, including creditors for net obligations.

Since large and reputable real estate companies have their own Internet projects, use their services to reduce the time spent on paperwork. So, on the website of the agency “Glavmosstroy - Real Estate” you will find a list of necessary documents, addresses of organizations and details of employees that will help you carry out the procedure for registering property rights.

Methods of managing an apartment building.

One of the key questions that new owners have concerns

  • management of an apartment building. Let's remember that there are three ways:
  • direct management by owners;
  • homeowners association (HOA) or other housing consumer cooperative;
  • Management Company.

It is important to know that the choice of one form of management or another is not a “final” verdict; according to Article 161 of the Housing Code of the Russian Federation, owners can both choose and change the method of management. However, the same Housing Code stipulates the following nuance: the company appointed based on the results of the competition must have the opportunity to “prove” itself within a year. Let's consider these methods in more detail.

At direct control owners personally enter into contracts with organizations (gas, electricity, water, etc.). Or they provide this right to an authorized person, and the person does this absolutely free of charge. General expenses are shared by everyone, issues are resolved together, repairs are done at your own expense. Naturally, this management option is suitable for owners of houses with a small number of apartments and provided that the residents get along with each other.

What's happened HOA? The board is elected from among the owners, and money is managed through it. Agreements for HOAs exist within the framework of tariffs established by authorities. The HOA can delegate the maintenance and repair of property to another organization (under an agreement), and assume the functions of monitoring obligations. As an option: the HOA itself concludes employment contracts with janitors, cleaners and mechanics. Key issues are resolved at general meetings.

And finally Management Company . What we used to call housing departments. The owners enter into an agreement with a private or management company. It provides all provided housing and communal services. The company itself enters into contracts with organizations. Tariffs are set by authorities.

The “Palm of the Championship” in new buildings in Moscow belongs to the HOA.

How to understand the diversity of management companies?

Moscow is a huge metropolis; it is extremely difficult to navigate the information flow. So, in order to buy an apartment, it is advisable to turn to the services of a real estate agency that has been working on the market for more than one year. And in order to understand management companies, the Moscow Government created the Unified Management Register (UMR). The register provides direct access to information about management organizations and their activities. The managing organization decides for itself whether to provide information to the unified register. But the presence of a company on this list is proof of the openness of information and gives some confidence in its integrity. The ERU, along with the name of the organization, its details and contact information, contains information about the director, the number of houses in service, the period of work, the date of registration in the ERU, etc. The apartment is owned - it’s time to pay the bills.

As mentioned earlier, in parallel with the documents for obtaining housing, newly minted owners of apartments in Moscow new buildings draw up an agreement with the management company. Next, the owners regularly transfer the established fee to her account. Many people are interested in what the final amount consists of. Let's find out by starting with the basics.

What are we paying for?

What is included in housing costs?

  • Payment of utility services;
  • payment for operating services.

Utilities are payments for water, heat, gas, etc.; operational services (or maintenance) - garbage removal, cleaning of entrances and local areas, routine repairs. According to city tariffs established on January 1, 2008, a tenant pays seven rubles per square meter per month for the maintenance and repair of a house with an elevator and a garbage chute. This is provided that he occupies no more than the twenty-five square meters allotted to him according to sanitary standards. If the lucky owner owns a larger area, the fee increases. It is important to know that regardless of who manages your home: DEZ or a private management company, the payment amount cannot exceed 19.6 rubles for each square meter. It is worth noting that payment for additional services may be added to this amount. These include, for example, the maintenance of security. Moreover, the range of security services is very wide: it can be a concierge in the common hall, or a team of professional security guards. Accordingly, the technical equipment can be represented by a conventional intercom, an intercom using the “Intercom – security – apartment” system, as well as complex video surveillance systems and the like. A stable trend: the more expensive and “sophisticated” an apartment in a new building is, the more “round” the amount its owner will have to pay for operating payments. Therefore, if you decide to buy a luxury apartment, be prepared for further expenses. As they say, all good things come at a price.

Elite new buildings - how much?

Thus, the maintenance of an apartment in an elite new building can cost about $10 per square meter. But the standard of living here is completely different. Residential complexes “Million Scarlet Roses”, “Stone Flower”, “Valley of Dreams” and the like are children's playgrounds equipped in accordance with safety requirements and quality standards, fenced and guarded areas, parking lots and underground cars, service and entertainment enterprises, fitness clubs, shops, even swimming pools and mini-zoos! (data obtained from the website gmsn.ru - the leading Moscow real estate agency "Glavmosstroy - Real Estate").

All these benefits of elite new buildings cost between five hundred and six hundred dollars a month; naturally, the more developed the infrastructure, the higher the “issue price”. However, it happens that additional infrastructure is designed to be self-sustaining. That is, “people from the street” use it “for money,” but the costs for its maintenance are removed from residents.

Although there are some pitfalls here too. For example, if the same fitness center does not generate income, or even does not pay off at all, the management company can slowly redistribute the costs of its maintenance among the residents of the elite complex. Naturally, such an “innovation” does not evoke pleasant emotions among residents, so they are officially trying to “cover them up”, for example, by increasing the fee for the same protection of the territory. If you want to clarify the situation and control expenses, then ask for invoice details. Moreover, the management company is obliged to periodically demonstrate to clients what the cost of certain services consists of. Costs of maintaining an apartment in a new business class building.

Last week, two rulings of the Supreme Court (SC) were published on disputes about the order of satisfaction of claims for current payments (cases No. A21-2012/2008 and No. A49-8064/2011). In both cases, the Supreme Court concluded that paying current payments to suppliers before taxes violates the order of current payments. The cases were sent back for retrial at first instance. The courts will have to find out whether the bankruptcy trustee had grounds to deviate from the order of priority established by the Bankruptcy Law. The general attitude of the Supreme Court is not to delay the sale of the bankrupt’s property.

The pulp and paper mill in Neman and JSC Special Design Bureau of Turbochargers continued to work with suppliers after bankruptcy proceedings began against them. The bankruptcy trustees classified these current payments as third priority - as operating expenses necessary for the debtor's activities, referring to the provisions of the Bankruptcy Law as amended until September last year. Tax officials challenged this approach, arguing that payments to suppliers should be included in current payments in the same line as taxes. The lower courts disagreed. However, the Supreme Court overturned the decision, sending the case for a new trial (see and).

From the rulings in two cases published late last week, it is clear that the Supreme Court agreed with the narrow interpretation of operating expenses proposed by the tax authorities. “Operating payments may include the costs of preserving the debtor’s property and maintaining it in proper condition until the time of sale. Other costs are subject to inclusion in the fourth stage of current payments,” the definition notes.

The bankruptcy trustees' approach contradicts the principles of priority and proportionality in satisfying creditors' claims, the Supreme Court believes. This “legalizes a tax evasion scheme” and creates “unjustified advantages over other market participants, providing the opportunity to carry out production activities in bankruptcy proceedings for a long time without paying mandatory payments,” the court concluded. This thesis can be illustrated by the bankruptcy case of the Neman Pulp and Paper Mill. He continued to produce products for five years after the bankruptcy began, spending more than 2 billion rubles on this. At the same time, he was accumulating tax debts.

At the same time, the Supreme Court, following the explanations of the Supreme Arbitration Court (SAC), allowed the possibility for the bankruptcy manager to deviate from the order of priority, if this is necessary based on the goals of bankruptcy of a particular enterprise. The courts, at least in the bankruptcy case of the design bureau, referred to these clarifications. But the Supreme Court admitted that this was done formally, without examining the circumstances that would allow this exception to be applied. As a result, the cases were sent for a new trial, which gives the arbitration managers the opportunity to prove their case, at least partially.

The result of the cases practically coincides with the regulation of the priority of current payments, which began to operate this September. Now the Bankruptcy Law classifies current operating expenses as essentially only payments for utilities. Consequently, payment to suppliers of products that a bankrupt enterprise must use in production goes into fifth place - where tax payments also hang. Based on this, the purpose of bankruptcy should be recognized not so much to preserve an operating business, but rather to sell off assets in order to satisfy creditors. Actually, the same follows from the definitions of the sun. According to them, production activities should be continued for a period that is “necessary and sufficient for an effective arbitration manager to carry out all procedures provided for by law aimed at alienating objects owned by the debtor for the purpose of settlements with creditors.”

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