Write-off of overdue accounts payable income tax. Cleaning the balance is a convenient way to write off accounts payable and receivable
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TwitterAccounts payable (popularly known as a "creditor") is associated with doing business and is very diverse, ranging from amounts owed to suppliers and ending with debts on taxes and fees.
Promised three years waiting
Accounts payable not repaid on time will eventually turn into income for the company:
- non-operating in tax accounting (clause 18, article 250 of the Tax Code of the Russian Federation);
- other - in accounting (clause 8, 10.4 of the Accounting Regulations "Income of the organization" - PBU 9/99, approved by order of the Ministry of Finance of Russia dated 09/06/1999 N 32n, hereinafter - PBU 9/99).
When will the firm generate this income? In particular, in the event of the expiration of the limitation period. Recall the rules for calculating this period. As is known, civil law The general statute of limitations is three years. Its course begins from the day when the creditor learned or should have known about the violation of his right. If the contract specifies a time limit for the performance of an obligation, then the limitation period begins to run from the day following the day of performance. In the absence of a performance period established by the agreement, the limitation period begins from the moment when the creditor has the right to present a claim for the performance of the obligation (Article 200 of the Civil Code of the Russian Federation).
The limitation period in certain cases is interrupted by filing a claim in court, as well as by the actions of the debtor, indicating the recognition of the debt (recognition of the claim, partial payment of the debt, payment of interest on the principal debt, requirement for an offset, appeal to the creditor with a request for a deferred payment, etc. .). After a break, the limitation period begins anew (Article 203 of the Civil Code of the Russian Federation).
Please note that the debt reconciliation act is not recognized by the judges as a document on the basis of which the limitation period is interrupted. This conclusion is contained in Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 25, 2005 N 10584/04. The limitation period may also be suspended - such cases are indicated in Art. 202 of the Civil Code of the Russian Federation.
No write-off - no income
In accordance with tax legislation, the amounts of accounts payable written off due to the expiration of the limitation period or for other reasons are recognized as non-operating income of the company (clause 18, article 250 of the Tax Code of the Russian Federation). The company's accounts payable to the budget, written off or reduced in accordance with the legislation of the Russian Federation or by decision of the Government of the Russian Federation (subclause 21, clause 1, article 251 of the Tax Code of the Russian Federation), are not recognized as income.
If the organization does not include the written off accounts payable in time in the composition of income for calculating income tax, then the inspectors will try to charge additional income tax, penalties for its late payment and fines. They will regard the actions of the firm (or rather, inaction) as a concealment of non-operating income.
But it should be remembered that the write-off of overdue accounts payable is preceded by an inventory, the preparation of a written justification and the issuance of an order by the head. And the write-off itself is accompanied by the corresponding accounting records.
Arbitration practice on the issue of including overdue creditors in non-operating tax income was ambiguous. Alone arbitration courts pointed out that the inaction of the taxpayer (failure to conduct an inventory, failure to issue an appropriate order) is not a reason for not including overdue accounts payable in non-operating income in the tax period when the limitation period expired. Such a conclusion takes place in the resolutions of the FAS ZSO dated 04/02/2007 N F04-1863/2007 (32958-A45-40), dated 02/13/2008 N F04-580/2008 (1258-A46-40) (1416-A46-40) , dated April 14, 2008 N F04-1680/2008 (1949-A27-26); FAS UO dated 01/29/2008 N F09-9195 / 07-C2.
The resolution of the Federal Antimonopoly Service of the Higher Security Council of October 17, 2007 N A33-14926 / 06-F02-7876 / 07 also states that in order to include amounts of accounts payable in non-operating income, it is sufficient to state the fact that the statute of limitations has expired. At the same time, the procedure for applying and calculating this period is regulated by civil law. Since the limitation period had expired, the court treated the outstanding accounts payable as non-operating income of the company ( Decree of the Federal Antimonopoly Service of the Central Organ of September 27, 2007 N A64-4088 / 05-19).
The tax authorities are interested in the fact that the organization writes off accounts payable before the expiration of the limitation period - for "other reasons", for example, as a result of the liquidation of the creditor. After all, this increases the taxable profit of the debtor company. But do not rush to write off bad creditors. If the creditor was excluded from the Unified State Register of Legal Entities as an inactive legal entity, without going through the liquidation procedure, his exclusion can be appealed within a year (clause 8, article 22 of the Federal Law of 08.08.2001 N 129-FZ "On state registration legal entities and individual entrepreneurs"). Consequently, the debt for such a creditor should be written off only a year after the entry is made in the Unified State Register of Legal Entities.
Other courts were more loyal. Thus, the FAS ZSO decided that "prior to the issuance of Order No. 17 dated January 13, 2003 "On writing off accounts receivable and payable", the taxpayer had no reason to take this debt into account when determining the financial result" ( Decree of the FAS ZSO dated March 9, 2006 N F04-8885 / 2005 (20013-A27-3)).
Recently expressed his opinion on this subject SAC RF. Judges in Decree of the Presidium of 15.07.2008 N 3596/08 came to the conclusion that overdue accounts payable should be taken into account as part of non-operating income after the execution of the relevant documents, in particular, the order (instruction) of the head. The court considered such a case.
Based on the results of the on-site tax audit, the inspectorate collected arrears, penalties and a fine on income tax. The tax authorities decided that the company violated paragraph 18 of Art. 250 of the Tax Code of the Russian Federation - did not include accounts payable registered as of 01.01.2005 in non-operating income. The limitation period for its recovery by creditors has passed.
Courts of three instances supported the inspection. However, the Supreme Arbitration Court of the Russian Federation did not agree with them. At first, the arbitrators stated: "non-operating income ... recognizes, in particular, income in the form of amounts of accounts payable written off due to the expiration of the limitation period." It is this wording that is contained in paragraph 18 of Art. 250 of the Tax Code of the Russian Federation.
Next, the supreme judges turned to the rules accounting(and they, as you know, do not regulate the procedure for determining the income tax base) and noted: clause 78 of the Accounting Regulations provides that the amounts of creditors for which the limitation period has expired are written off for each obligation. This is done on the basis of the inventory data, written justification and the order of the head.
Since the company did not write off accounts payable in accounting, it does not have a corresponding order, and, therefore, there are no grounds to include overdue debts in income when calculating income tax.
So, according to the logic of the Supreme Arbitration Court of the Russian Federation, the following comes out. The Tax Code of the Russian Federation requires that written off accounts payable be included in income. That is, the write-off in this case is already a fait accompli. It turns out that the debt must first be written off in accounting on the basis of the order of the head. Only after that it is reflected in tax accounting (included in non-operating income). If there is no such order, there are no corresponding accounting records either, therefore, it does not need to be reflected in tax accounting.
Determine the date the creditor is to be written off
The inspectors are unlikely to agree with the position of the judges.
Therefore, for those who do not want to bring the case to court, it is better to include the creditor in non-operating income as soon as the statute of limitations has expired on it. Whether the write-off order is ready by this moment or not - it does not matter.
The tax authorities insist that the date of write-off of such debt cannot be chosen by the company on its own. This must be done on the last day of the reporting (tax) period in which the limitation period expires (clause 16 PBU 9/99; clause 4 article 271 of the Tax Code of the Russian Federation).
Arbitration Court in Decree of the FAS ZSO dated May 14, 2007 N F04-2654 / 2007 (33891-A27-40) decided that in this case it matters in what order the inventory is carried out. If, in accordance with the accounting policy, it is carried out quarterly, then it is necessary to include accounts payable in income in the reporting period. When conducting an annual inventory, the written-off amount of creditors is taken into account at the end of the year.
Some arbitration courts recognize the right of the taxpayer to write off accounts payable based on the results of the inventory and in the next tax period, if the limitation period has expired in the previous one. The judges believe that in the tax legislation there is no "direct indication of the need to increase non-operating income of the tax period in which the limitation period for accounts payable expired" ( Decree of the FAS ZSO dated 09.03.2006 N F04-8885 / 2005 (20013-A27-3)).
However The Supreme Arbitration Court of the Russian Federation in the definition of 04.10.2007 N 8980/07 came to the following conclusion: "The norms of tax legislation do not establish that the tax period for classifying the amount of accounts payable, for which the limitation period has expired, to non-operating income for the purpose of calculating profits can be determined at the request of the taxpayer." Therefore, the latter is obliged to include the amounts of overdue creditors in income in a certain tax period (the year the limitation period expires), and not in an arbitrarily chosen one.
N.M. Yudenich, journal expert
___________
1 Left unchanged by the definition of the Supreme Arbitration Court of the Russian Federation of 04.10.2007 N 8980/07 (the document is placed in the GARANT system).
2 Approved by order of the Ministry of Finance of Russia dated July 29, 1998 N 34n (the document is placed in the GARANT system).
3 Upheld by the resolution of the FAS ZSO dated 01/21/2008 N F04-122 / 2007 (142-A27-37) (the document is placed in the GARANT system).
Journal "Arbitration Justice in Russia" N 11/2008, N.M. Yudenich, expert of the journal
In the event of the occurrence and non-payment of debt by the enterprise to its creditors within a certain period of time, this debt becomes overdue. If the creditor did not claim the overdue debt within the established period of time in court, in this case, the accounts payable are written off.
Grounds for the write-off procedure
There are the following grounds for writing off the company's debt to its creditors in the following cases:
- the expiration of the period specified for the limitation period (according to Article 196 of the Civil Code of the Russian Federation - three years);
- termination of the activities of the creditor (Article 419 of the Civil Code of the Russian Federation);
- when the creditor decides to forgive his debtor the amount of debt (Article 415 of the Civil Code of the Russian Federation);
- upon the occurrence of events for which the creditor and debtor cannot be responsible (Article 416 of the Civil Code of the Russian Federation);
- when issuing the act government agency it is impossible for the debtor organization to fulfill its obligations (Article 417 of the Civil Code of the Russian Federation);
- if the creditor of the organization is an individual, then in the event of his death (Article 418 of the Civil Code of the Russian Federation).
Debt cancellation process
The correctness of the procedure for writing off debts to creditors affects the accuracy of calculating profits in tax accounting and the accrual of penalties. As a result, the management of the enterprise should take a responsible approach to organizing the procedure for writing off their debts.
The entire procedure for writing off debt consists of the following steps, presented in Table 1.
Table 1. Debt cancellation procedure
| Stages | Who implements | The essence of the stage | Documents are being drawn up | Note |
|---|---|---|---|---|
| 1 | Employees of the accounting department of an economic entity | At the end of the reporting period, an inventory procedure is carried out, during which the amounts of accounts payable are identified, incl. and overdue | Inventory acts (form INV-17) | For the timely identification of accounts payable, it is recommended to conduct an inventory on a regular basis. When carrying out the inventory procedure in the general set of measures to write off debts to creditors, all accounts on which the organization keeps records of accounts payable and receivable are checked. During the inventory of debt, attention is drawn to the debt to the budget and extra-budgetary funds. |
| 2 | Employees of the company's accounting department | Prepare a certificate that reflects information on the identified amounts of accounts payable, incl. and with expired statute of limitations; | Reference | The certificate prepared by the accounting service of an economic entity must contain the following information:
|
| 3 | Head of an economic entity | Prepare and issue an order to write off debts to creditors | Order to write off existing debts to creditors | The order to write off debts to creditors must contain required details and necessary information:
The order is prepared on the basis of the results of the inventory of debts with an overdue limitation period for claims and a certificate prepared by the employees of the accounting department of this economic entity. |
| 4 | Accounting staff | Make bookkeeping entries for debt relief | Making changes to accounting records | Changes made to accounting registers are carried out in accounting and tax accounting. The write-off of obligations to creditors is reflected in the accounting at the expiration of the limitation period, otherwise the accounting department must submit an updated tax return in the next reporting period. Liabilities to creditors are written off for each existing overdue obligation. |
From the presented steps for writing off debts, it can be seen that in the process of implementing this procedure, it is necessary to prepare certain documents.
Reflection in accounting
The write-off of obligations to creditors after the expiration of the limitation period is executed on the credit of account 91/1 and on the debit of those accounts on which it was taken into account:
- the write-off of overdue debts to suppliers is reflected - D 60;
- before other creditors - D 76;
- before the staff on remuneration - D 70, etc.
Under the simplified tax system, a "creditor" with an expired limitation period is included in income during "simplification" in the reporting (tax) period when its limitation period expired (Resolution).
In this case, the specific date of fundamental importance does not matter.
This can be both the day of the expiration of the limitation period, and the last day of the reporting (tax) period (Letters of the Ministry of Finance of Russia dated 03.23.2007 N 03-11-04 / 2/66, 12.27.2007 N 03-03-06 / 1 / 894).
At the same time, the written-off tax debt, tax penalties and fines, as well as mandatory insurance contributions, penalties and fines to off-budget funds, do not need to be included in income under the simplified tax system (paragraph 1, paragraph 1.1, article 346.15 and paragraph 21, paragraph 1, article 251 of the Tax Code of the Russian Federation).
In addition, when applying the simplified tax system, written-off advances are not included in income, against which goods (works, services) were not delivered, since advances were taken into account in income when they were received (clause 1, article 346.17 of the Tax Code of the Russian Federation).
Example
In June 2013, an LLC using the "simplification" with the object "income minus expenses" received goods in the amount of 70,800 rubles from a trading company. (including VAT - 10,800 rubles).
According to the supply agreement, they had to be paid before June 25, 2013. LLC did not pay off within the prescribed period.
For three years, the trading company made no attempt to collect the amount of accounts payable from the LLC. On June 25, 2016, her statute of limitations expired.
The head of the LLC decided to write off the accounts payable due to the expired limitation period.
To do this, on June 25, 2016, on the basis of an inventory of settlements act and an accounting statement, he issued an order to write off accounts payable.
The following entries will be made in the accounting of the LLC:
in June 2013
Debit 41 Credit 60
70 800 rub. - reflected the receipt of goods;
in June 2016
Debit 60 Credit 91, sub-account "Other income",
70 800 rub. - the amount of accounts payable for unpaid goods with an expired limitation period was written off.
In tax accounting under the simplified tax system, the accountant wrote off accounts payable in the amount of 70,800 rubles. included in non-operating income as of the date of expiration of the limitation period - June 25, 2016.
On the same day, he made a corresponding entry in the book of accounting for income and expenses.
In this situation, when the accounts payable arose in connection with the purchase of goods and includes the amount of "input" VAT, the entire amount of the "creditor" together with VAT is included in non-operating income.
At the same time, the Organization will not be able to write off the cost of the most unpaid goods as expenses during "simplification". Even if the product is sold. Because the Organization didn't pay for it.
Since, with a simplified system, it is allowed to take into account the costs of purchasing goods only if two conditions are met at once: the goods are shipped to the final buyer and the company has paid for it with the supplier (clause 2, clause 2, article 346.17 of the Tax Code of the Russian Federation). A similar conclusion is contained in the Letter of the Ministry of Finance of Russia of 08/07/2013 N 03-11-06/2/31883.
Thus, the Organization will not have expenses when writing off unclaimed accounts payable, since expenses are taken into account in the tax base under the simplified taxation system only if there is payment (clause 2 of article 346.17 of the Tax Code of the Russian Federation).
An exception is the liquidation of a counterparty. In this case, the obligations are completely terminated. Goods, works and services, the debt for which is written off due to the liquidation of the counterparty, are considered paid (Article 419 of the Civil Code of the Russian Federation). And they can be attributed to expenses in the "simplification".
Goods (works, services), the payment debt of which is forgiven, are also considered paid (Letter of the Ministry of Finance dated 05.25.2012 N 03-11-11 / 169).
Example
An organization applying the "simplification" with the object "income minus expenses" received an advance payment in the amount of 60,000 rubles.
Before the expiration of the limitation period, the work was not performed by the organization. The limitation period for accounts payable that the organization has to the customer expires in June of the current year.
The write-off of accounts payable should be reflected in the following entries:
| Content of operations | Debit | Credit | Sum, | Primary document |
| Reflected accounts payable debt in total received advance | 60 000 | Bank statement for current account |
||
| Written off accounts payable expired debt limitation period | 60 000 | inventory calculations, leader enterprises |
Since organizations using the simplified tax system recognize the date of receipt of income as the date of receipt Money to bank accounts and (or) to the cash desk of the organization, then the received amount of the advance was recognized as income in the period of receipt.
Example
The organization purchased raw materials with a contractual value of 236,000 rubles. (including VAT 36,000 rubles).
In the month of purchase, raw materials were released into production.
Within the period established by the contract, the organization did not pay for the purchased raw materials. The parties entered into an agreement on debt forgiveness, according to which if the organization repays the debt in the amount of 200,000 rubles within 30 days, then the supplier forgives the debt in the remaining amount (36,000 rubles).
Within the specified period, the organization repaid accounts payable to the supplier in the amount of 200,000 rubles.
In the accounting of an organization (debtor) that applies the simplified tax system (the object of taxation is "income reduced by the amount of expenses"), the forgiveness of a part of the debt for the purchased raw materials by the creditor-supplier should be reflected as follows:
| Content of operations | Debit | Credit | Sum, | Primary document |
| In the month of purchasing raw materials | ||||
| Raw materials credited | 236 000 | shipping documentation supplier, Receipt order |
||
| Raw material released in production | 236 000 | Requirement- consignment note |
||
| As of the date of settlement and debt forgiveness | ||||
| Listed to supplier partial payment for raw materials | 200 000 | Agreement on debt forgiveness, Bank statement for current account |
||
| Amount of forgiven debt recognized as part of other | 36 000 | Agreement on debt forgiveness |
||
At the same time, on the date of forgiveness of the debt, the organization's debt to pay for the purchased raw materials is partially terminated, i.e. the cost of raw materials in the amount of the forgiven debt is considered paid.
Thus, on the date of transfer of funds to the supplier and the date of forgiveness of part of the debt of the organization, the condition necessary for the recognition in tax accounting of the cost of acquiring raw materials and the amount of "input" VAT related to them is met.
The procedure for writing off receivables and payables is a hot topic for any accountant. In the case of the closure of a creditor, in addition to a positive result (the company no longer exists, which means that the debt does not need to be paid), there is also an unpleasant moment - an increase in taxable profit. Therefore, it is extremely important to correctly determine and not violate the deadline for writing off accounts payable, including it in the income of the organization.
The procedure for writing off accounts payable
There are various reasons for writing off accounts payable of a company:
- By general rule an enterprise can write off its debts after the statute of limitations, which is 3 years, except for debts on taxes, fines, penalties (Article 195-196 of the Civil Code of the Russian Federation, clause 7 PBU 9/99);
- exclusion of the creditor from the Unified State Register of Legal Entities as an inactive organization;
- debt forgiveness by the counterparty;
- liquidation of the creditor (Article 419 of the Civil Code of the Russian Federation).
Does the procedure for writing off receivables and payables change when a counterparty terminates its activities? The procedure is similar to the established sequence of actions for all other bases:
1. Carrying out an inventory of calculations to determine the current amount of debt to be written off, with the preparation of an appropriate act.
How to recover written off accounts payable
The Civil Code allows the fulfillment of debt obligations even after their write-off in accounting. The basis for the restoration of accounts payable in accounting is a new agreement between the parties.
For example, the debt was written off by posting Dt 62 Kt 91-1. If an agreement is made:
- in the current year - on the date of its signing, you can make a reversal entry;
- next year - you should recognize your expense as other, reflecting it by posting: Dt 91-2 Kt 62.
Examples
Ritm LLC received goods from another company in the amount of 250,000 rubles. After that, the supplier was liquidated (there is a photocopy of the certificate). Payment for delivered goods was not made. How to write off accounts payable to an accountant?
For unpaid goods, the following entries must be made to write off the debt:
If the VAT presented by the supplier:
- previously accepted for deduction, an accounting entry is made: Dt 60 (76) Kt 91.1 - the written-off "creditor" is included in income, including VAT;
- not accepted for deduction (included in non-operating expenses on the basis of subparagraph 14, paragraph 1, article 265 of the Tax Code of the Russian Federation), an entry is made in accounting: Dt 91.2 Kt 19 - VAT presented by the supplier, but not accepted for deduction, is included in expenses.
A significant part of accounting information is occupied by information about the organization's obligations to counterparties. Debt to creditors generates information about the amount of debt to the budget, off-budget funds, suppliers, contractors, personnel and others. At the same time, a certain procedure for accounting, writing off debts under contracts and obligations is observed.
Characteristic
KZ or debt to creditors - the amount of obligations of a legal entity or individual in accordance with existing contracts, transactions and agreements. There are several types:
- Prepayment of buyers, customers for the supply of goods, the provision of services.
- Wages of workers (current and deposited at the cash desk).
- Communal payments.
- Debt to the seller for the supplied inventory items, work performed.
- The amount of tax payments to budgetary and non-budgetary funds, the transfer of which is up to this moment not implemented.
- Debts on accountable funds to individuals.
- Credits, loans (including in foreign currency).
- Promissory notes with expired presentation.
- Legal costs and others.
Under the terms of the contract, enterprises undertake to fulfill their obligations and pay their bills on time. attraction third party tools, materials allow to carry out successful entrepreneurial and economic activities. If the debtor does not want to pay, violates the terms of the transaction, penalties are applied to him in the form of penalties, penalties for the overdue amount. For non-payment of debt, lack of delivery or its return, the company may be involved in legal proceedings, the outcome of which may be bankruptcy of the debtor.
Accounts payable can be both to legal entities and individuals
The statute of limitations applies to the creditor, after which the amount of the debt is subject to write-off and inclusion in the non-operating income of the legal entity. For an organization on a simplified taxation system, the basis for calculating the budget fee will be formed as revenue, including the amount of written off obligations, minus expenses.
The late reaction of the creditor will not allow the recovery of the debt if the defaulter can document the end of the legal claim period. Accounting (BU) liabilities are reflected in the credit of accounts 60, 70, 76, 71, 73, 68, 69, debit - 62. Write-off of KZ from the balance sheet - termination of the debt on a legal basis.
Reasons for eliminating debt
Let's single out the main factors that allow you to terminate the action of a creditor:
- End of the statute of limitations: Art. 196 establishes a general period for claiming debts equal to thirty-six months; it is valid, among other things, for writing off existing accounts payable. For individual obligations, the duration of the time period can be reduced or increased.
- Inability to fulfill the agreement: the objective reason for the repayment of creditors on BU accounts will be the recognition of the creditor as bankrupt with subsequent liquidation (Article 419 of the Civil Code of the Russian Federation).
- Debt forgiveness: in practice, this basis is most often used for obligations with affiliates. For example, if the founder provided the company with a loan, and the debtor did not repay the obligation on time. The lender may decide to terminate the debt by signing a forgiveness agreement (Article 415 of the Civil Code of the Russian Federation). Other counterparties are not interested in donating their own funds due to the economic unreasonability, unprofitability of the procedure.
- According to the act of the state body (Article 417 of the Civil Code of the Russian Federation): based on the results of assessing the financial and property situation of the non-payer, the authorized person makes a decision on partial liquidation or closing of the full amount of obligations due to the lack of sources of income, assets, etc. The basis is rather controversial, the recoverer has the right legally achieve its appeal, the accrual of penalties to the debtor.
- Impossibility of execution according to Art. 416 of the Civil Code of the Russian Federation: due to force majeure ( emergencies, force majeure, natural disasters, hostilities, etc.), when none of the parties to the transaction can influence them.
- Death, disappearance of the creditor (Article 418 of the Civil Code of the Russian Federation): if the debt collector is individual recognized as missing or dead.
Declaring bankruptcy may be a reason to write off accounts payable
The above reasons allow you to write off the amount of debt in accounting. In practice, there are often situations when, after reconciliation of mutual settlements, one party owes the other one penny. Then the creditor offers to write off the debt, since its recovery is financially inexpedient.
According to paragraph 2 of Art. 266 of the Tax Code of the Russian Federation, the following debts are recognized as bad:
- With the end of the statute of limitations.
- In the presence of circumstances determined by the Civil Code of the Russian Federation, indicating the impossibility of satisfying the requirements of the exactor.
- When an appropriate act of a state body or a decision of a bailiff is issued in the absence of sources for foreclosure, information about the whereabouts of the defendant.
- Bankruptcy, liquidation of a participant in mutual settlements.
Basic principles
The write-off of overdue and uncollectible accounts payable must be carried out within strictly regulated terms. Violation of the moment of registration of a business transaction may result in the issuance by the regulatory authority of an order to eliminate the defect by submitting corrective reports with correctly completed data.
Most often, a violation will attract the attention of the Federal Tax Service if the distortion of accounting data exceeds ten percent of the balance. Special attention it is necessary to pay attention to the grounds for the termination of obligations in tax accounting, the time interval for processing the posting.
The accountant must carefully study the moment for VAT when closing creditors, since there are situations when it is possible to accept a tax deductible or include it in the write-off amount. For example, when the buyer received the goods, but did not pay for it and did not refund VAT from the budget. Then, after the expiration of the claim period, the debt will be written off in full. For a company on the simplified tax system, it will not be possible to repay VAT, since the used goods and materials, services are not paid.
The creditor is written off on time
Calculation of the term
The procedure for writing off accounts payable that is impossible to fulfill with an expired limitation period is regulated by the Civil Code, the Tax Code of the Russian Federation, the accounting instruction and other regulatory legal acts. The correct determination of the date of writing off the creditor will correctly reflect the operation in the accounting and tax records, bring the contents of the balance sheet to maximum reliability, generate transparent information about the financial position. It is impossible to independently develop and use the rules for accounting for obligations, such actions entail negative consequences.
According to paragraph 78 of the Regulation on BU No. 34n, paragraph 250 of the Tax Code of the Russian Federation, the debt is written off at certain points:
- The day following the expiration of the limitation period.
- The moment of exclusion of a liquidated legal entity, individual entrepreneur from the Unified State Register of Legal Entities on the basis of an extract, which can be obtained free of charge on the official website of the Federal Tax Service.
- After the date of adoption by the state body of the relevant decision.
- On the basis of an act of an authorized person on the disappearance or a death certificate of the exactor.
- The date of the decision by the Government of the Russian Federation, the territorial branch of the budget or extra-budgetary fund to reduce the amount of obligations.
- Within the time period set by the debt forgiveness agreement, etc.
Documentary support
The current legislation in 2018 obliges institutions to inventory calculations at least once a year. At the discretion of the company's management, the procedure may be carried out more often than in the internal normative documents an appropriate mark is made.
The procedure requires a certain sequence. Initially, the general director issues an order to form a commission, determine the volume, timing and rules of the inventory. This document also approves an official who is obliged to execute a business transaction, who is responsible for the correctness and reliability of the write-off.
Conducting an inventory of settlements is one of the mandatory actions of the institution
In the appointed period, the members of the commission proceed to a detailed study of the documents confirming the fact of the formation of the creditor. The most frequently reviewed documents are:
- Packing list.
- The act of performing work, rendering services.
- Contract.
- Internal work schedule.
- Invoices received and issued.
- Payment orders, receipts and other payment documents.
- Collector's claims, business correspondence.
- Requirements, decisions of regulatory authorities.
- Judicial acts, decisions of bailiffs, etc.
The date of delivery, advance payment, last correspondence, the terms of the transaction will show how many days the obligation exists, what gap is left until the expiration of the claim period. It is important not to make mistakes in the calculation and not to issue an early write-off. Then, in addition to the remarks of the inspectors, the debtor runs the risk of being involved in legal proceedings with subsequent restoration and recovery of the debt.
Based on the results of the analysis, evaluation and control of the statute of limitations, the duration of the debt, the underlying documents, the delay is identified, an inventory list (INV No. 17) is compiled with the corresponding notes on the status of mutual settlements for all creditors. The procedure ends with the signing of two copies of the form.
A legal entity has the right to independently develop the necessary form to reflect the results of reconciliation of debts with the inclusion of the recommended details on the form. In this case, the form INV No. 17 is used as a model. The individual form is subject to approval in the accounting policy of the company.
The accounting service draws up an information certificate on the KZ, where information about the counterparty and the amount of the obligation are recorded step by step. Further, the executive body of the company issues an order to write off the unclaimed, impossible to collect creditors within a certain time frame. The accountant, on the basis of this order, is obliged to draw up the appropriate entries.
Closing debts
Within the period appointed by the head for the execution of the order to repay the debt, the accounting department draws up an entry through an automated accounting system, enters information into the registers.
Typical postings for writing off accounts payable are shown in the table.
Consider, using an example, how to write off accounts payable of previous years and what postings you need to do for this. Company A delivered stationery to Company B in January 2013. Until January 2016, the debtor failed to fulfill the obligation to pay, and the supplier did not take any measures to collect the receivables. Therefore, the debt is to be written off and included in the income of company A.
According to guidelines according to accounting records, off-balance accounting of creditors is not provided, but at the discretion of the organization, it is allowed to create a separate account for the balance sheet in order to store and accumulate information for the required time.
Positive and negative aspects of the procedure
The main purpose of the timely write-off of impossible debts allows legal entity form a picture of reliable information on the accounts of accounting and tax accounting. This tactic is aimed at providing external and internal users open information by the amount of debts of the company, its assets, liquidity, solvency.
Many companies see positive aspects in the liquidation of creditors. For example, during the reporting period, the organization formed a negative financial results, there is no need to pay income tax to the budget. If the amount of debt on obligations that are written off does not exceed losses, then non-operating income will not affect the final result.
In another case, the write-off entry will increase the taxable base and lead to the additional charge of the amount of the mandatory budget collection. Undoubtedly, the absence of claims from the claimant becomes a positive aspect of the rules for writing off and terminating accounts payable for more than three years, especially if the procedure is carried out in compliance with all legal subtleties and nuances.
Write-off of short-term credit allows the debtor company to get rid of the debt burden, avoid disputes with the creditor, penalties, problems in litigation. The procedure is associated with certain risks, requires detailed study and documentation to avoid reporting adjustments. Write-off of short circuit leads to growth tax burden to the organization.
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