But, given the point of view of the Russian Ministry of Finance, it is safer to follow its explanations. Otherwise, disagreements with the tax authorities cannot be avoided and litigation. However, the chances of winning such a dispute in court are quite high. It is safer to write off overdue debt on the last day of the reporting period in which the term expired limitation period The basis for writing off receivables and payables, for which the limitation period has expired, is an order CEO organizations (clauses 77 and 78 of the Regulations on maintaining accounting and financial statements in the Russian Federation). In addition, it is advisable for the company to issue an act of inventory of settlements with buyers and suppliers (Letters of the Ministry of Finance of Russia dated September 12, 2014 N 03-03-RZ / 45767 and dated January 28, 2013 N 03-03-06 / 1/38, the Federal Tax Service of Russia dated 08.12. 2014 N GD-4-3/ [email protected] and the Federal Tax Service of Russia for Moscow dated 06/20/2011 N 16-15 / [email protected]).
In other words, the provision of a company asset to partners is not paid until the end date, which is defined in the contract. Overdue accounts receivable- this is the impossibility of the debtor to pay off the creditor on time. An unprofessional approach to investments becomes the result of the appearance of debts that are not repaid on time.
For these reasons, the lender has doubts about the full return of the asset by the partner. Moreover, loans that are not secured by bank capital, collateral or a guarantor are initially considered doubtful.
It can be compiled in the form N INV-17 (approved by the Decree of the Goskomstat of Russia dated 18.08.1998 N 88) or in an independently developed form. The departments believe that in order to write off receivables, the organization must also have documents confirming the occurrence of this debt (Letters of the Ministry of Finance of Russia dated 04/08/2013 N 03-03-06 / 1/11347 and the Federal Tax Service of Russia dated 12/06/2010 N ShS-37-3 / 16955).
Attention
This is about primary documents on business transaction, as a result of which the debt was formed - invoices, acts on the performance of work or the provision of services, payment documents, etc. The agreement and the act of reconciliation do not apply to such documents (Letter of the Federal Tax Service of Russia dated 06.12.2010 N ШС-37-3 / 16955).
What kind of debt is considered overdue Any commercial transaction is accompanied by the conclusion of an agreement between the parties, which specifies the terms of the transaction: the timing of the agreements and penalties for non-fulfillment of obligations. Such transactions include:
Types of overdue debts:
What are overdue receivables Most outstanding debts are written off after three years By general rule The limitation period is three years from the date when the debt should have been repaid.
1 st. 196 of the Civil Code of the Russian Federation).
The tax authorities agree that the debt for which the parties drew up reconciliation acts can be written off in the accounting after three years from the date of the last reconciliation (Letters of the Federal Tax Service of Russia dated December 6, 2010 N ШС-37-3 / 16955 and the Federal Tax Service of Russia for Moscow dated 04/17/2007 No. 20-12/036354). The courts are of the same opinion (Resolutions of the Federal Antimonopoly Service of the Urals of February 1, 2013 N F09-150 / 13 and of February 16, 2010 N F09-6971 / 08-C2, West Siberian of August 11, 2006 N F04-4912 / 2006 (25117-A81 -14) districts).
Regular signing of reconciliation acts allows organizations to constantly postpone the moment when the debt needs to be written off. But the statute of limitations cannot be extended indefinitely.
Since November 2013, it has been established that this period cannot exceed 10 years (clause 2, article 196 of the Civil Code of the Russian Federation). This means that after 10 years from the date when the debt had to be repaid, it must be written off in tax and accounting records.
Most outstanding debts are written off after a three-year period. As a general rule, the limitation period is three years from the moment when the debt should have been paid off (clause 1, article 196 of the Civil Code of the Russian Federation). If, after three years, the receivables remain outstanding, in tax accounting their amount is included in non-operating expenses, and in accounting - in other expenses (clause 2, clause 2, article 265 of the Tax Code of the Russian Federation and clause 11 PBU 10/99). This is what organizations do that do not create a reserve for doubtful debts. If the company forms it, it writes off the amount of bad receivables at the expense of the reserve (para.
2 p. 5 art. 266 of the Tax Code of the Russian Federation and clause 77 of the Regulations on Accounting and Accounting in the Russian Federation). Not repaid for three years accounts payable are reflected in tax accounting in non-operating income, in accounting - as part of other (p.
18 art. 250 of the Tax Code of the Russian Federation and clause 7 PBU 9/99).
Planning a repayment schedule for such debts is the task of managers and economists of an enterprise. The calculation of the value is carried out according to the formula: (360 * average annual debt) / revenue, where average annual amount obtained by dividing the amount of debt by the number of working days. When the borrower does not meet the deadlines, it is appropriate for the company's management to take preventive measures. Such a policy would prevent doubtful debts from becoming bad debts. Overdue accounts payable: concept, types and terms Attention Rules for collection in case of violation of the terms of payments Determining the procedure and strategy for collection plays an important role in situations where overdue receivables are recorded. Accountants enter into the current documentation how many months the delay and the balance of payments are and retain the primary lending papers.
In what cases are special statutes of limitations applied? Why is it important to check if there is a counter-debt.
Info
What debts are written off only after 10 years from the moment of occurrence. The deadline for submitting the annual financial statements and income tax returns for 2014 is approaching.
Before compiling them, the organization needs to identify receivables and payables, the limitation period for which has expired this year. Such debts are considered uncollectible. They need to be written off both in tax and accounting (p.
18 art. 250 and pp. 2 p. 2 art. 265
Tax Code of the Russian Federation, paragraphs 77 and 78 of the Regulation on accounting and financial reporting in the Russian Federation, approved. Order of the Ministry of Finance of Russia dated July 29, 1998 N 34n). We will figure out how to do it right and what documents should be issued.
Therefore, he is not required to re-recognize advances in non-operating income after the expiration of the limitation period. In accounting, overdue accounts payable "simplifiers" are classified as other income, bad "receivables" - as other expenses (clause 7 PBU 9/99 and clause 11 PBU 10/99). However, when calculating the "simplified" tax, the organization cannot include the written-off receivables in expenses. After all, the list of expenses taken into account on the “simplification” is closed and does not contain such a type of expenses as losses from writing off overdue debts (clause 1 of article 346.16 of the Tax Code of the Russian Federation). A similar point of view is shared by the Ministry of Finance of Russia (Letters dated 06/23/2014 N 03-03-06/1/29799, dated 07/22/2013 N 03-11-11/28614 and dated 04/01/2009 N 03-11-06/2/57 ).
The term may be interrupted if the debtor takes certain actions to recognize the debt:
If one action from the list is present, then the statute of limitations is interrupted and the countdown starts again. Civil law provides for not only interruption, but also the suspension of the statute of limitations. How long does it take for accounts receivable to become past due? Untimely control of financial receipts and the growth of overdue accounts receivable leads to the bankruptcy of the company. Keep in mind that the monitoring of the state of such debts is carried out for 5 years.
If after that an overdue "receivable" remains in the accounting, the organization has the right to include only this amount in non-operating expenses (Letter dated 04.10.2011 N 03-03-06 / 1/620). Read on e.rnk.ru. Even More Useful Materials There is an opinion that a buyer's debt cannot be considered hopeless if there are relations with him under other contracts under which he regularly fulfills his obligations.
Can an organization, after the expiration of the limitation period, write off the debt of such a counterparty in tax accounting? Opinions were divided. The majority of www.rnk.ru website visitors (66%) believe that the debt can be written off.
After all, the expiration of the limitation period is sufficient grounds for this (clause 2, clause 2, article 265 and clause 2, article 266 of the Tax Code of the Russian Federation). Besides, tax code does not contain a ban on the inclusion of overdue receivables in expenses if there are other contractual relations with the counterparty.
The article is written for directors and heads of sales departments who do not yet automatically work with customer debts. Designed to help them quickly implement a template process into activities
and why work with it
Everyone who works in b2b has an idea about receivables ( Let's call it "DZ"). This is what you often unreasonably write into your free assets - debts to you from your counterparties. DZ - a normal and understandable phenomenon, you have shipped - the client pays after 5 days. These 5 days (for example, you have a 5-day payment period specified in the contract) he has a debt. What happens if a customer doesn't pay after 5 days? The letter "P" - it is added to the "DZ" and it turns out "overdue receivables (PDZ)". Why work with her, because the client will pay anyway? If you are ready to wait a year or three until a not very conscientious client pays for the delivery, then you can skip the article.
Of the popular processes in terms of debts of counterparties, the following are usually distinguished:
Today we will talk about the return of PDZ. This is a direct process from the "TOP 3" customer requests to us for automation.
Life hack:
Almost everyone is in debt, but systemically few fight it. By and large, it does not matter how your company will work with it - through business processes or through an xls table. Any consistency will bring results. Business processes are cooler because they will do 65% of someone's work:
to implement the process in the life of the company
1. Contracts concluded with your clients must contain the following items:
Not specified in the contract? Not the best option, but article 314 of the Civil Code of the Russian Federation will help, according to which payment must occur within a "reasonable time" or within 7 days from the date of demand for the fulfillment of obligations.
2. Tasks for it should arise on their own and systematically. No system = no control = extra load of kicks, reminders and excuses.
3. There is such an unpleasant "disease of a child in a toy store" - when you want to have both at once, and another, and also this. You should start with a simple business process, with a minimum of events. There will be a desire to attach a ton of notifications here, approval of the term from the manager to the head ... No need. Better is simpler, but it will work right away, and you will have time to finish the bows later. Let employees get used to the new way of working.
4. The executors of the process must be responsible. Those. if the manager receives his percentage regardless of the client's payment, then he will not be interested in working with the PDZ.
and what events are included
The scheme of work is shown in the figure above. If you work through business processes, then you need to start the events of the scheme the day before the planned payment under the contract (if there is no money from the client yet). All options for working with debt are similar in that, depending on the term of the debt, a certain contractor must carry out certain activities to interact with the client on this debt. We tried to combine the experience of different implementations and show a certain average template that will be easy to change to suit your needs.
There are conditionally 4 types of events in the process:
1. The client has a debt, but it is not overdue.
Work:
- client manager
Documents used:
- payment reminder letter
In this case, our system should already turn on and try to anticipate the occurrence of a delay. The system itself sends a letter to the client with a reminder that there is no payment from him. Additionally, a task is formed for the manager about the client's phone call.
2. The client has a debt, payment under the contract is overdue by 1 day.
Work:
- client manager
The documents:
- letter of request to fulfill obligations under the contract
- event in crm about the call to the client and the result of communication
- optional - blocking shipments to the counterparty
The system recorded the moment of overdue payment and automatically reminded the client and the manager about this event. The manager must clarify with the client the date of payment, if it is within 7 days, then we believe that the whole process is going "as planned". The manager sets a new payment date, and the system waits for the payment to be made. It is advisable to obtain a letter of guarantee from the client.
If the manager understands that there is a risk, or the client says that he will pay later than in 7 days, then the process is escalated to the head of the sales department (ROP)
3. Payment under the contract is overdue by 2 days
Work:
- Head of Sales Department (ROP)
The documents:
- a letter of pre-trial demand to fulfill obligations under the contract
- event in crm about the call to the client and the result of communication
The ROP connects to the process and communicates with the client. Either he makes an appointment, or in a telephone conversation he clarifies the reasons with the client, sets a new payment date in the system (the measures in each case are varied and depend on the company's policy). If the due date exceeds the allowable period, escalates the process further.
4. Payment is overdue by 10 or more days.
Work:
- legal department / security service
All reasonable terms have been exceeded on the debt - the service responsible for conflict relations is connected. Usually it's either a lawyer or security. Their work depends on the policy of the company. Usually, statuses are introduced that allow you to track at what stage the task is (a claim has been made, penalties have been calculated, etc.)
how to use it
We carry out automation of such business processes on our new edition" ". You can set up such a template in it, launch it and customize it to fit your realities - add alerts, include new services in the process, add performance indicators for managers, etc. " " are built into the database, so the work will take place in a single interface. Interested in this case? Write to us, we will be glad to cooperate!
Good processes!
It is necessary to control the receivables of the enterprise not only for the sake of analyzing and tracking the necessary information on debtors, but also so that the management of the enterprise always has access to real information about the state of working capital for a given period.
Dear readers! The article talks about typical solutions legal issues but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
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Such debts on the part of individuals, legal entities or even public institutions threaten the enterprise with financial losses, risks of loss material values. Therefore, they must be under control, and how to do this, you should study the methods and schemes in more detail.
Accounts receivable control is the settlement, management and accounting of the amount of debts for an enterprise formed by users of working capital of a legal entity - debtors (debtors), which can be other enterprises, companies, organizations, as well as individuals.
The importance of such control is relevant not only for large corporations, concerns or industries, but also for small and medium-sized businesses. What will happen if you do not control the so-called "receivables" for the enterprise?
In this case, the following scenarios may develop:
As you can see, everything goes like a chain - because of someone's debts, the enterprise begins to lose its activity, stability, reliability and productivity.
But the main danger of ignoring this point of accounting and auditing is that the company will simply come to an inevitable and uncontrollable increase in debt and material losses. And this, in turn, will create great obstacles for the development of business, its growth.
Accounts receivable are perceived as an asset (that is, repayable funds are considered replenishment of the cash desk, part of the property of the enterprise) and are distinguished according to the following classification:
Short-term debt involves the receipt by the enterprise of payments back within 1 calendar year, if we take the reporting date as the starting point.
In the long-term option, the terms increase and exceed 12 months after the reporting dates. When the current debt is determined, this indicates that payments are expected within the period of time specified in the contract.
With doubtful debts, the enterprise itself is sure that it will get back its cash, despite the fact that the terms of their payments were already missed by the debtor.
Bad debt indicates the impossibility of repaying debts and the lack of real ways and opportunities for debt repayment.
Note! Large corporations or companies, or, conversely, small businesses, may well establish their own types of receivables. It all depends on the scope of the legal entity.
A sound business approach is to measure and take into account all the financial indicators including accounts receivable.
In order to ensure competent control of receivables, each head of the enterprise must know a number of important activities that must be carried out.
Accounts receivable should be controlled according to a certain algorithm of actions, which are expressed in the following steps:
It is very important with all this to keep a constant record of companies, enterprises, organizations and even individuals, with which one way or another the company conducts partnership activities.
It does not matter how much cooperation between the parties will be long-term or short-term. In parallel, a record is kept of all counterparties, already ranked among those that owe the enterprise.
Such maneuvers will allow you to keep track of the deadlines, who owes money and how much. And such timeliness at the exit makes it possible to take certain measures in time so that the debts are returned to the maximum short time or would have a high degree return guarantee.
The procedural steps for controlling accounts receivable are as follows:
Recently, most enterprises have been experiencing more and more growing receivables. According to experts and researchers, this state of affairs most often shows itself due to the slow pace of payment transactions (turnovers) between organizations, firms, and enterprises.
To do this, in order not to omit such phenomena, it is necessary to manage the debt constantly. At the same time, along with management, the “receivables” must be corresponded with other points of the general financial policy enterprises.
At the same time, the control and management of such debt in without fail should also be consistent with the marketing policy.
There are quite optimal methods for controlling receivables, which are as follows:
When solving problems that control "receivables", they use special indicators that are presented in relative terms, and even in dynamics for a certain period of time - quarters, years.
The most key indicators are the following:
The results from the calculations that are made according to such formulas can even be used in tracking and managing credit policy organizations.
There are also ways to refinance receivables, which include the following methods - factoring, forfaiting, accounting and pledging bills of exchange, as well as other forms of financing receivables for a short period of time.
When the composition of the debt is studied, the results of the analysis of reserve data, doubtful debts, losses, which are recorded in fact, are necessarily taken into account.
To prevent the growth of receivables, you can take into account and use the following methods of its optimization:
Note! The letter of credit service is very expensive, so it is rarely used, and because of this, it is not very popular in resolving issues with receivables.
It should be noted that there are no universal methods of dealing with the growth of "receivables".
Everything is so relative and each case individually has its own specifics that every time specialists have to look for more and more new ways to control and manage receivables.
Plays a big role in many ways economic activity enterprises, what amounts pass between the accounting department and customers or clients, as well as the situation in the market itself, in the niche of which the organization operates.
But there are already proven methods that, in a standard situation, will act as a classic method. internal control"debtors":
