Overdue accounts payable from what moment. Overdue accounts payable: what is it, how is it reflected in the balance sheet, after how many months it is written off, types
Arrears represent the outstanding in set time financial obligations. First of all, it occurs with a variety of violations in the settlement and payment discipline. Also, debt can be used to calculate the financial prospects of the organization.
The debt can be either. The latter determines the amount of debt obligations for which the payment deadlines have expired. This type of obligation belongs to the so-called doubtful debts.
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When evaluating financial indicators It is important for businesses to understand what is the difference between debt and arrears.
Timely repayment of overdue obligations is one of the essential conditions for the successful development of the organization. To do this, you need to familiarize yourself with the main reasons for the appearance of debts, as well as with actions if any.
Reasons for the appearance
Overdue debts may appear as a result of the financial insolvency of a company and a certain person, or, for example, due to a banal confusion that has arisen in the dates of the corresponding payment. Also, a debt can be formed as a result of the initial unwillingness of the debtor to answer for its obligations to creditors or suppliers.
In the first cases, persons do not deny the existence of debt and do not try to hide. However, at a specific point in time they cannot recover the costs due to lack of funds. In the latter case, the situation automatically becomes much more complicated. This is due to the fact that the debtor may simply disappear or he may look for illegal ways to reduce the amount of payment.
Most effective way getting rid of overdue financial commitments it is considered that counterparties are checked even before any transactions are made with them. For example, if a buyer or supplier refuses to provide the relevant transaction documentation or he / she has a dubious reputation in certain circles, then it is not recommended to enter into working relations with such persons within the framework of contracts.
In formation total debt the concepts of short-term and long-term debt can also be included. Within the framework of domestic accounting practice, it is customary to talk about such debts as doubtful or bad types of debt.
Methods of collection
There are several ways at the moment. These include the preparation and transmission of relevant claims, which must be made exclusively in writing. Certain obligations under the work agreement may also be terminated, or the rights to debt may be transferred to third parties.
It is worth noting that some borrowers are ready to provide debtors with a temporary deferral of payment, but most of them resort to attracting collection services. In the worst case scenario, the lender can file a complaint with law enforcement or higher courts.
A claim letter is one of the most popular debt recovery methods. It should in mandatory contain the actual details of the recipient and the sender, including the name of the organization, correct legal address, Full name of the person. A speaker on behalf of the organization, as well as a zip code.
The requirements of the letter indicate the principal amount of the debt, the interest on it, the penalties and penalties imposed. It is important to indicate the grounds for debt recovery based on applicable law. The claim can be submitted with the participation of the postal service or submitted in person.
The most specific are situations related to the supply of goods or services. In this case, if a person or organization does not pay for the shipment of the goods, then the seller has every right not to provide a new batch until full payment the previous batch.
Debtors who have temporary financial problems, in most cases, turn to creditors with a request to defer payment, and in this case, a special agreement is concluded between the parties, which indicates the current amount of debt obligations, and also draws up a new repayment schedule
Actions in the presence of overdue accounts payable
When arrears are formed, debtors are not recommended to hide from counterparties and financial institutions... This action can be regarded as an outright refusal to pay the debt. Most in a simple way is a petition for a deferred payment or a loan restructuring.
To do this, you must send a written request to the name of the lender. At the same time, it is important to be completely confident in your ability to fulfill overdue obligations in the future. If this option does not exist, then other methods of repayment are required. For example, you can sell or rent a movable or real estate.
In cases where the debtor fully understands the unenviable state of affairs and believes that he will definitely not be able to pay off his obligations, the creditors will be forced to apply to the higher courts to resolve this issue. Individuals and legal entities can also apply to the court to declare them bankrupt. This step, in the end, will become much more profitable than in litigation with creditors.
Debt repayment is not recommended by obtaining new loans, especially from individuals. This can significantly worsen financial condition payer and become the main reason for the increase in arrears.
Accounts receivable
Accounting transaction based on performance standards accounting in the territory Russian Federation indicates that accounts receivable are the main element working capital in the balance sheet of the enterprise.
In addition to this element, this section of the balance includes varieties of material, as well as production stocks the company, the planned expenses that will be carried out in the future, and so on.
The amount of working capital in each case includes accounts receivable, which may be relevant to both individuals and legal entities.
In the overwhelming majority of cases, the time period that is allotted for the collection of overdue debt, as well as the procedure for its repayment, are fixed in the agreement, which was drawn up in writing between the parties to cooperation. In this case, one of the parties to the agreement is the creditor, and the other is the payer.
It should be noted that the specific duration of a certain period of time, which was specified in the relevant agreement, is determined depending on the nature of the negotiations between the parties when concluding the document. In the final version, the contract must contain provisions that are completely satisfactory to all parties.
The agreement can be recognized as illegal only in cases where one of the parties to the agreement is not satisfied with the specified terms and conditions for repayment of possible debt obligations.
In cases where debt obligations are recognized as uncollectible, the creditor will be obliged to write off the debt accumulated by the debtor in full. This provision is governed by the current tax and civil legislation of the Russian Federation
The maturity of accounts receivable can be very different. For example, based on certain circumstances that are the reason for the emergence of a relationship in financial sphere between the parties to the agreement, for example, between two commercial organizations, these terms depend solely on the provisions of the concluded agreement.
This may be a minor payment for a certain amount of work performed. In this case, all parties are maximally interested in the fastest transfer of financial obligations and the closure of related documentation.
In cases where accounts receivable are formed as a result of relationships between two or more organizations and constitute a large amount of funds, then the parties usually resort to the formation of a longer maturity of obligations on the basis of mutual concessions. Usually this period is several months or years.
The current Tax Code of the Russian Federation defines another type of accounts receivable. Reimbursement of such a debt is the most difficult thing. This is about bad debt... The main features of such obligations are regulated by Article 266 of the Tax Code of the Russian Federation.
For an organization, and for an individual, any obligations stipulated in contracts have a specific deadline. When the organization does not have time to pay off or settle with the counterparty, the loan debt acquires the status of "overdue".
Based on this, it is additionally formed, implying specific funds that were not credited to the counterparty's account within the agreed period.
If an organization or business continues to default on contractual obligations, additional costs are inevitable: penalties and high interest.
Accounts payable
Accounts payable means the debt of an enterprise to an individual or legal entity in the form Money... Debt should be reflected in the balance sheet, specifically in several items, which include short-term debt to:
- the state budget;
- personal staff;
- supplier;
- contractor;
- foundations;
- the lessor;
- insurance companies.
In fact, accounts payable enterprises are certain obligations to the above authorities. This is about:
- The amount of debts owed to other legal entities or individuals. Debt is possible for business relationships.
- Invoices due to suppliers, creditors. Accounts are repaid by installments.
Types of accounts payable
Debt has varieties:
- Unjustified Commitments.
This includes a debt to a supplier, a supply interruption, or an overdue debt. This type of accounts payable may arise due to an unpaid debt on settlement documents within the agreed period.
In practice, this type of debt can arise when the organization actually received products or services, and the documentation for the calculation was not provided by the specialist on time. Or a third party in the form of a banking institution did not carry out transactions on time. - Other debt ... This item includes debts, claims and unclaimed amounts.
The accounts payable of the enterprise applies to:
- Goods, services and works for which there has not yet been a settlement.
- Goods, services and works for which there was no payment on time.
- Issued bills.
- Advances received.
- Settlements on budgets and off-budget payments.
- Insurance.
- Salary.
- Other.
We are talking about funds, expressed in a certain amount on paper, which were not returned on time, transferred or given to creditors. Overdue accounts payable always entail sanctions in the form of interest, penalties and others.
If an organization or an enterprise does not systematically pay accounts payable, then in the near future this may lead to a lack of solvency. After which the organization or enterprise goes into the stage of bankruptcy.
As reflected in the balance sheet
Accounts payable means obligations. In accounting and balance sheet, these are the following calculations:
- Contractors and suppliers. P. 15201. Enter the amount of debt to contractors or suppliers for materials, work performed, services rendered.
- Buyers and customers. P. 15202. The amount of debt owed to buyers and customers for already sold goods, other products, services rendered and work performed.
- Taxes and fees. P. 15203. The debt of the organization for all payments, which also includes the tax on the income of an individual.
- Social insurance and security. P. 15204. We are talking about debts for medical, pension, social contributions for employees of the organization. Also about the amount of debt on contributions to the insurance, and specifically on compulsory insurance from injuries and diseases at work or enterprise.
- Staff and wages. P. 15205. Salaries not transferred for labor activity on time.
- Accountable persons. P. 15206. The specific amount of debt to a narrow circle of employees of the enterprise. For example, unpaid travel allowances, daily allowances.
- Debts to participants (founders). P. 15207. It's about dividends, interest rates on shares and bonds. This also includes loans and other payments.
- Debtors and creditors. P. 15208. Debts to debtors and creditors for already received advances.
Maximum allowable value
The maximum permissible value for the above debts is structured into the following points:
- Payables payable. Limit for a given period should not exceed two months.
- Tax payments, transfer to the state budget and an extrabudgetary fund. Accounts payable for these groups no more than 3 months.
- For suppliers and contractors, payables are also must not exceed 3 months from the last payment.
How to determine the limit value?
It is possible to determine the maximum permissible value for accounts payable in several stages:
Stage 1
Identify overdue loan debt. Previously, specific items and timelines were listed for individual groups. The fact is that at the federal level, the government maintains the maximum debt deadline and the total credit debt of organizations.
Interestingly, the most frequent groups, into which the maximum allowable value is allocated, are budgetary debts and arrears on commitments.
Accounts payable on wages and other payments to staff members begins to form only after the expiration of its maturity. The term is established by the internal acts of the institution, which should regulate labor obligations and relations under the legislation of the Russian Federation. Therefore, a specific period for repayment of a debt or debt on obligations must be spelled out in the contract.
Stage 2
Calculation of the period and size of the debt. Federal authorities orders have been created that set specific deadlines for overdue accounts payable: usually a period of 1 to 3 months.
Stage 3
Accurate calculation of accounts payable in relation to the firm's assets. Assets mean the sum of all cash, but do not take into account valuable movable and immovable property, as well as property that is pledged.
Share in liabilities
According to the decree of the Government of the Russian Federation regarding the Rules for conducting financial analysis the share of overdue accounts payable in liabilities means:
Overdue credit debt, as well as indicators of the share relative to the total liabilities of the organization or enterprise. Should be determined as a percentage, specifically as the ratio of overdue payables and total liabilities.
Outcome
Any type of debt: both receivables and payables are required to be paid. It is always realistic to legally achieve debt closure by an organization for specific obligations.
In cases where the organization cannot settle debts, the procedure for writing off accounts payable and receivable is initiated. The procedure requires documents confirming the hopelessness of the company. According to the laws, accounts payable recognized as uncollectible are written off for obligations on an individual basis.
But, taking into account the point of view of the Ministry of Finance of Russia, it is safer to follow its explanations. Otherwise, disagreements with the tax authorities and litigation cannot be avoided. However, the chances of winning such a dispute in court are quite high. Overdue debt is safer to write off on the last day of the reporting period in which the due date has expired limitation period The basis for writing off accounts receivable and payable, for which the limitation period has expired, is the order general director organizations (clauses 77 and 78 of the Regulations on accounting and accounting statements in RF). In addition, it is advisable for the company to draw up an inventory statement of settlements with buyers and suppliers (Letters of the Ministry of Finance of Russia dated 12.09.2014 N 03-03-RZ / 45767 and dated 28.01.2013 N 03-03-06 / 1/38, Federal Tax Service of Russia dated 08.12. 2014 N GD-4-3 / [email protected] and the Federal Tax Service of Russia in Moscow from 20.06.2011 N 16-15 / [email protected]).
What debt is considered overdue
In other words, the provision of the company's asset to partners is not paid until the end date specified in the contract. Overdue accounts receivable is the inability of the debtor to pay off the creditor on time. An unprofessional approach to investments results from the appearance of debts that are not repaid on time.
Moreover, this value is divided into the following two categories:
- Doubtful. In this case, the reason for the delay was fluctuations in the market and a drop in the counterparty's solvency.
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 guarantor are initially considered dubious. - Hopeless.
It can be drawn up according to the form N INV-17 (approved by the Decree of the State Statistics Committee of Russia of 18.08.1998 N 88) or according to an independently developed form. The departments believe that in order to write off accounts receivable, 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 06.12.2010 N SHS-37-3 / 16955).
Attention
We are talking about primary documents on business transaction, as a result of which a debt was formed - invoices, acts on the performance of work or the provision of services, payment documents, etc. The agreement and the reconciliation act do not apply to such documents (Letter of the Federal Tax Service of Russia dated 06.12.2010 N SHS-37-3 / 16955).
Overdue accounts payable: concept, types and terms
What kind of debt is considered overdue Any commercial transaction is accompanied by the conclusion of an agreement between the parties, which stipulates the terms of the transaction: terms of execution of agreements and penalties for default. Such transactions include:
- contract of sale,
- service agreement,
- lease contract,
- credit and mortgage agreements.
Types of overdue debts:
- Accounts payable - a debt of an individual or legal entity to the creditor.
What is overdue receivables Most outstanding debts are written off after a three-year period. general rule the limitation period is three years from the moment when the debt should have been repaid (p.
1 tbsp. 196 of the Civil Code of the Russian Federation).
What are overdue accounts receivable?
The tax authorities agree that the debt for which the parties executed the reconciliation acts can be written off in the accounting records after three years from the date of the last reconciliation (Letters of the Federal Tax Service of Russia dated 06.12.2010 N SHS-37-3 / 16955 and the Federal Tax Service of Russia in Moscow dated 17.04.2007 N 20-12 / 036354). The courts are of the same opinion (Resolutions of the FAS Uralsky dated 01.02.2013 N F09-150 / 13 and dated 16.02.2010 N F09-6971 / 08-C2, West Siberian dated 11.08.2006 N F04-4912 / 2006 (25117-A81 -14) counties).
Regular signing of reconciliation statements allows organizations to constantly postpone the moment when debt needs to be written off. But it will not work to extend the limitation period indefinitely.
Since November 2013, it has been established that this period cannot exceed 10 years (clause 2 of article 196 of the Civil Code of the Russian Federation). This means that after 10 years from the day when the debt had to be repaid, it must be written off in tax and accounting.
How many months are overdue accounts payable
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 repaid (clause 1 of Art. 196 of the Civil Code of the Russian Federation). If after three years the receivables remain unpaid, in tax accounting their amount is included in non-operating expenses, and in accounting - in others (clause 2 of clause 2 of article 265 of the Tax Code of the Russian Federation and clause 11 of PBU 10/99). This is done by organizations that do not create a reserve for doubtful debts. If the company forms it, it writes off the amount of bad accounts receivable 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 Regulation on accounting and financial reporting in the Russian Federation). Accounts payable not repaid within three years are reflected in tax accounting as non-operating income, in accounting - as part of others (p.
18 Art. 250 of the Tax Code of the Russian Federation and clause 7 of PBU 9/99).
How long does it take for a receivable to become overdue?
Planning a schedule for the repayment of such debts is the task of managers and economists of the enterprise. it is appropriate for businesses to take preventive measures. Such a policy will help prevent doubtful debt from becoming a bad debt. Overdue accounts payable: concept, types and terms Attention Rules of collection in case of violation of the terms of payments Determining the order and strategy of collection plays an important role in situations where overdue accounts receivable are recorded. Accountants enter into the current documentation how many months the delay and the remainder of payments are and keep the primary lending papers.
Overdue debts in accounting
In what cases special limitation periods apply. Why is it important to check if there are any counter-debts.
Info
What debts are written off only after 10 years from the date of occurrence. The deadlines for the submission of the annual financial statements and income tax returns for 2014 are approaching.
Before compiling them, the organization needs to identify accounts receivable and payable, the limitation period of which has expired this year. Such debts are considered to be uncollectible. They need to be written off in both tax and accounting (p.
18 Art. 250 and pp. 2 p. 2 art. 265
Tax Code of the Russian Federation, clauses 77 and 78 of the Regulation on accounting and financial reporting in the Russian Federation, approved. By order of the Ministry of Finance of Russia dated July 29, 1998 N 34n). We will figure out how to do it correctly and what documents should be drawn up.
When accounts payable becomes overdue
Therefore, he is not obliged to re-reflect advances in non-operating income after the expiration of the limitation period. In accounting, overdue accounts payable "simplified" refer to other income, hopeless "accounts receivable" - to other expenses (clause 7 of PBU 9/99 and clause 11 of PBU 10/99). However, when calculating the “simplified” tax, the organization cannot include written off receivables in expenses. After all, the list of expenses accounted for on the "simplified" system is closed and does not contain such type of expenses as losses from writing off overdue debts (clause 1 of article 346.16 of the Tax Code of the Russian Federation). The Ministry of Finance of Russia adheres to a similar point of view (Letters of 06/23/2014 N 03-03-06 / 1/29799, of 07/22/2013 N 03-11-11 / 28614 and of 04/01/2009 N 03-11-06 / 2/57 ).
The term may be interrupted if the debtor takes some actions to recognize the debt:
- Acknowledges the claim of the lender in writing and signs a reconciliation report on the absence of payments.
- Concludes a restructuring agreement.
- Partially pays debts.
- Acknowledges claims in part.
If one action from the list is present, then the limitation period is interrupted and the countdown starts over. Civil law provides not only interruption, but also the suspension of the statute of limitations. How long does it take for a receivable to become overdue? Untimely control of financial receipts and the growth of overdue accounts receivable leads to bankruptcy of the company. Keep in mind that monitoring the status of such debts has been conducted for 5 years.
What debt is considered overdue in accounting
If after that an overdue "receivable" remains in the accounting, only this amount is entitled to include the organization 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 the buyer's debt cannot be considered hopeless if there is a relationship with him within the framework of other contracts, according to 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. Most visitors to the site www.rnk.ru (66%) believe that the debt can be written off.
After all, the expiration of the limitation period is a sufficient basis for that (subparagraph 2 of paragraph 2 of Article 265 and paragraph 2 of Article 266 of the Tax Code of the Russian Federation). In addition, the Tax Code does not prohibit the inclusion of overdue receivables in expenses if there are other contractual relations with the counterparty.
Any commodity-money relations between individuals, an individual and an organization or two legal entities are governed by an agreement. It specifies all the conditions for the provision of services or the provision of goods and necessarily determines the timing of payment of funds for services rendered, work performed or products provided. If the payment is not made within the agreed period, accounts payable arise.
If after a certain time the funds do not arrive at the counterparty's account, the debtors are subject to additional collection measures: payment of fines and penalties, an increase in interest for these services, and so on.
So, accounts payable is primarily a financial debt to an individual or legal entity. It is very important for any company or organization that accounts payable are reflected in accounting documents.
Thus, accounts payable are understood as the financial obligations of the organization to individuals and legal entities. This refers to the production debts of the enterprise and invoices issued by creditors, the payment of which is made in installments.
Debt types
Accounts payable can be of several varieties:
- unfulfilled obligations- this is the organization's debt to suppliers or contractors when services were provided or goods were received, and funds were not received due to settlement documents not prepared in time or delay in payment by the bank;
- other debt- these are various claims, unclaimed amounts and debts.
The company accounts payable can be distributed:
- on advances,
- wages;
- goods and services not paid for in due time;
- goods delivered and services performed, payment for which has not yet been made;
- insurance payments;
- calculations for budget payments.
In accounting, such types of accounts payable:
- on remuneration to employees of the enterprise;
- on taxes and other government payments;
- to contractors;
- to insurance companies;
- various foundations;
- suppliers of services and goods;
- lessors.
In addition to this classification, a classification of accounts payable by timing and, if possible, debt repayment has been adopted.
By timing debt is divided into short-term - up to 1 year, and long-term - payments on such debt are expected for more than 12 months.
By execution debt can be divided into the following types:
- current debt is a type of debt for which all payments are planned and carried out exactly in accordance with the agreement;
- overdue.
What is overdue accounts payable
If the funds are not paid on time, established by the contract, then there is an overdue debt. It becomes overdue the next day after the date indicated in the contract by the deadline for payment. After that, the creditor can collect fines, penalties and increase the interest for the provision of services from the debtor.
In addition, he can apply to the court to collect funds from the debtor.
The consequences of the formation of accounts payable
Sooner or later, almost every company is faced with this concept. This can be due to several factors. However, every head of the company should take into account some of the nuances that are associated with accounts payable.
- The debtor's reputation has a bad effect on the organization's solvency and its financial stability. Accordingly, it is more difficult for such an enterprise to conclude work contracts and receive loans. Constant evasion of debt payments can lead to criminal liability.
- Some large companies are very committed to fulfilling contractual obligations.
- The manager and the accounting department of the enterprise must take into account that it is also possible to benefit from the overdue debt. Therefore, you need to carefully monitor not only accounts receivable, but also timely take an inventory of all your accounts.
How to identify accounts payable
The amount owed is usually found during the inventory of all accounts of the enterprise. It must be carried out every three months, but this rule is not always observed, and in some companies the inventory is done no more than once a year. As a result of the annual check, all data must be entered into a special act. However, at the same time, there is just a possibility of missing the date of payment of debts. Therefore, it is very important not only to identify, but also to monitor the timing of the payment of all debts. To do this, take inventory as often as possible.
To calculate the debt, special calculations are made. The formula is taken as a basis, it is based on the following calculations: the amount of debt is multiplied by its period. The resulting number must be divided by the cost of profit from the sale of goods or services provided.
Maximum allowable value of overdue debt
For the specified types of debt, the law determines the maximum permissible values, which are indicated by the following periods:
- for wages arrears - no more than two months;
- taxes, transfers to the budget and extrabudgetary funds- no more than 3 months;
- debts to contractors and supplier - no more than 3 months from the date of the last payment.
Determination of the maximum permissible value
The maximum allowable value for debt is determined in several stages.
First stage
Payables for wages are formed after the due date for their payment. This period must be specified in the employment contract or other internal documents of the enterprise that regulate labor relations and the obligations of the parties.
Second phase
At this stage, the period and the amount of the debt are calculated. The law establishes special terms from 1 to 3 months.
Third stage
The calculation of the debt in relation to the assets of the company, that is, to all of its funds, is carried out.
It is extremely important for any business to reduce the rate of accounts payable. Thanks to this, you can have a certain amount of unpaid debts that must be taken into account, controlled and able to negotiate with creditors.
If it is impossible to pay off debts, the process of writing off debts is organized. For this, all documents are being prepared confirming the hopelessness of debt collection. Writing off this type of debt is always considered and occurs on an individual basis.
Despite the rapid development of various institutions designed to simplify and secure commercial activities, modern economic reality in Russia and the world is still largely based on relationships between specific people representing a particular company. One example of such a situation is the widespread practice of having receivables and payables between partners, which arises in the course of their commercial interaction.
From an accounting point of view, a normal or overdue receivable represents a certain amount of financial resources that a particular company “A” must receive from its supplier, partner, client or other counterparty as payment for goods or services already provided. For example, company “A” is a printing house, which, by order of its long-term partner, advertising agency “B,” printed a circulation of leaflets for a promotional campaign in the amount of 10 thousand copies. Advertising agency “B” has already received the entire printed edition, picking it up through a courier's visit to the office of the printing house, but has not yet carried out the posting of the funds envisaged as payment for the printed circulation in accordance with the terms of the agreement between the agency and the printing house “A”.
It should be borne in mind that the composition of accounts receivable within the framework of the existing accounting practice in the Russian Federation includes a variety of types of property rights. For example, the terms of the agreement concluded between the printing house “A” and the advertising agency “B” assumed that the latter would transfer a certain number of reams of paper, that is, payment in kind. Thus, the value of the specified property, which is subject to transfer, must be included in the accounts receivable. At the same time, as subjects of such debt, that is, persons who have outstanding debt obligations to the enterprise in question, can act as citizens, that is individuals, and organizations, that is, legal entities.
Accounts receivable in accounting
The accounting procedure in accordance with the standards of modern accounting in Russia involves the inclusion of receivables in the number of components of working capital balance sheet commercial organization... In addition to this component, this section of the balance sheet includes inventories, planned expenses that are expected to be incurred in the future, funds invested in the production of goods or services that have not yet been completed, and some other components. At the same time, it is necessary to calculate accounts receivable from both legal entities and individuals as part of the working capital.
As a rule, the period during which such a debt must be repaid, and the procedure for its repayment are clearly recorded in written contract, concluded between the parties, one of which in this situation acts as a creditor, and the other as a debtor. Moreover, the specific duration the specified period is generally considered subject to the conditions reached in the negotiation process between the signatories. As a result, the terms and conditions of repayment of the existing debt are fixed in the contract. which suit both the creditor and the debtor.
Maturity dates of receivables
Depending on the specific circumstances surrounding the emergence of financial relationships between the parties, for example, between two commercial companies, these terms can be very different. So if it comes about a small payment for a limited amount of work, both parties will be interested in its early transfer and the closure of all required documents... If the volume of accounts receivable between companies corresponds to a large amount of cash, the parties can agree on the formation of a long maturity period, which can be up to several months or even several years.
In addition, it should be borne in mind that the specific maturity of debt arising from commercial relationships between companies may significantly depend on the level of trust between partners.
So, for example, if they have a mutually beneficial commercial relationship for several years, the organization acting as the creditor may agree to give the debtor a long enough time to fulfill the financial obligations it has assumed. If we are talking about the first or second delivery of goods or services, and the business image of the partner has not yet been formed in the eyes of the supplier, it is highly likely that he will insist on the earliest possible repayment of the existing debt.
As a result of the agreements reached, the period chosen by the parties for the debtor to repay the financial obligations assumed may be different. At the same time, within the framework of the established accounting practice in modern Russia it is customary to divide accounts receivable into short-term and long-term. In this case, the category of short-term receivables includes payments that the creditor expects to receive within twelve months from the date reporting date, and for long-term - payments that the lender expects to receive after the expiration of the specified period.
Thus, if the time allotted for the repayment of the current debt to the entity that has receivables to the company in question has not yet expired, the creditor has no reason to worry and make a claim.
In this case, within the framework of the accounting practice that has developed in Russia, such debt is usually called normal.
Formation of overdue receivables
However, the situation looks completely different if the time allotted for the transfer or transfer of funds as payment for the goods or services delivered under the agreement between the parties has already expired, and the creditor has not received money from the debtor. In this case, such receivables become overdue.
In particular, this applies to both short-term and long-term debt, since in fact, the very fact of missing the last due date for making a payment, indicated in the agreement signed by the parties, plays a role here. At the same time, within the framework of overdue debt in modern accounting practice it is customary to distinguish two of its main types - doubtful and hopeless types of debts.
The main types of overdue debts
The content of these two types of debts and the procedure for attribution to one category or another are established current legislation... Thus, the concept of doubtful debt appears in paragraph 1 of Article 266 Tax Code Of the Russian Federation, registered in the list of normative legal acts of the country under number 117-ФЗ dated August 05, 2000. In particular, the specified section of this regulatory legal act establishes that the category of doubtful debts includes all debt obligations, the entries on which were not made within the period established by the agreement between the parties.
At the same time, the amount of overdue debts is not decisive, but one more condition is required to be classified as doubtful debts. It's about what it is promissory note is not accompanied by the presence of any security, for example, the provision of bank guarantee, transfer of a pledge or registration of a surety.
Thus, it can be noted that in fact, any overdue debt can be recognized as doubtful debt, which can be written off if the terms of the agreement between the parties did not imply the provision of any security by the debtor in relation to the financial obligations assumed. However, such debt is considered to be receivable, which means that the procedure for writing it off should be postponed until all the circumstances are clarified.
In addition, it should be borne in mind that for selected categories creditors, clause 1 of Article 266 of the Tax Code of the Russian Federation establishes special rules for classifying receivables as doubtful debts. In particular, they include such categories of legal entities as banking institutions, insurance organizations, consumer credit cooperatives and microfinance organizations.
The Tax Code of the Russian Federation also distinguishes another type of overdue debt, which is even more difficult to obtain than doubtful debt. In particular, we are talking about the so-called bad debts. the main characteristics of which are fixed in paragraph 2 of Article 266 of the Tax Code of the Russian Federation. At the same time, for categorization of bad debts, which often have to be written off, the specified normative legal act provides for several key reasons:
- debt obligations in respect of which the limitation period provided for by the current legislation has been missed. Article 196, paragraph 1 Civil Code The Russian Federation establishes that the general limitation period is three years;
- debt obligations, the subject of execution of which is a liquidated or bankrupt organization;
- debt obligations in respect of which have already been initiated enforcement proceedings, however, having carried out all the actions provided for by law, the bailiff responsible for its conduct ruled to terminate the proceedings due to the impossibility of collecting such a debt. Moreover, such a decision can be made bailiff due to the impossibility of finding out where the debtor is, or due to the lack of property and funds that can be used to pay off the debt obligation.
If the debt is classified as bad, the creditor will have to write off the overdue debt.
Writing off overdue debts in accounting and tax accounting
Molchanov Valery,
Monaco Olga
Service experts
Legal Consulting GARANT
The article is considered as a municipal unitary enterprise, having overdue (the limitation period has expired) receivables and payables, while there are no primary documents confirming the fact of arrears, they can be written off in accounting and tax accounting.
In accounting, payables (receivables) for which the limitation period has expired is accounted for as part of non-operating income(expenses) based on the data of the inventory of calculations, written justification and the order (instruction) of the head of the organization.
In tax accounting, the amount of overdue accounts payable should be included in non-operating income. Accounts receivable, for which the limitation period has expired, in the absence primary documents, confirming the fact of the occurrence of debt, cannot be taken into account in the composition non-operating expenses when taxing profits.
In its clarifications on the timeliness of writing off receivables and payables, the Ministry of Finance of Russia recommends following the provisions of the Civil Code of the Russian Federation (letter of the Ministry of Finance of Russia dated January 29, 2008 N 07-05-06 / 18).
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