Invoice for advance payment: when issued. What to correct in accounting if the company issued an invoice with a long delay If the invoice is not issued
On this issue, we take the following position:
The executing organization should draw up an act of services rendered at the time of discovering the fact of its erroneous non-execution and issue an invoice to the customer within five days from the date of execution of the act. As the dates of compilation of these documents, they should indicate the dates of actual execution (issuance), that is, the dates on which the act will actually be drawn up and the invoice will be issued. The invoice of the executing organization should be registered in an additional sheet of the sales book for the second quarter of 2016.
In accounting, an erroneous non-reflection of revenue from the sale of services rendered in April 2016 is subject to correction by entries in the relevant accounting accounts in the month of 2016 in which the error was discovered.
The organization should submit to the tax authority revised tax returns for income tax for the first half of 2016 and for VAT for the second quarter of 2016.
Position justification:
Paperwork
In accordance with paragraph 8 of Art. 3, part 1, art. 9 of the Federal Law of 06.12.2011 N 402-FZ "On Accounting" (hereinafter - Law N 402-FZ), the provision of services is a fact of economic life for the executing organization and is subject to registration by the primary accounting document.Part 3 of Art. 9 of Law N 402-FZ provides that the primary accounting document must be drawn up when the fact of economic life is committed, and if this is not possible, immediately after its completion.
The procedure for making corrections to primary accounting documents is regulated by part 7 of Art. 9 of Law N 402-FZ. At the same time, the procedure for actions of economic entities in situations where the primary accounting document was not issued is not regulated by either this article or other norms of legislation.
We believe that in the situation under consideration, in pursuance of the requirements of Part 1 of Art. 9 of Law N 402-FZ, the executing organization should draw up an act of services rendered at the time of discovering the fact of its erroneous non-execution. At the same time, when filling out such mandatory details of primary accounting documents as "the date of preparation of the document" and "the content of the fact of economic life" (part 2 of article 9 of Law N 402-FZ), one should proceed from the actual circumstances of the preparation of this document. That is, the specified details should indicate, respectively, the date of the actual drawing up of the act and the fact that the act is drawn up for processing the services provided in April 2016.
We believe that in this situation, the execution and acceptance for accounting of the act, which was supposed to be drawn up in April 2016, but will actually be drawn up in the III quarter, should also be accompanied by an accountant's certificate, which will contain an indication of the correction of the earlier mistake. The execution of these documents (act and accounting statement) will give the organization the right to reflect the proceeds from the sale of services and will serve as the basis for it to make appropriate corrections to the accounting and (clauses 5, 12 PBU 9/99 "Income of the organization", the first paragraph of clause 1 article 54, article 313 of the Tax Code of the Russian Federation).
As a general rule, an invoice should be issued no later than five calendar days, counting from the day the services were provided (clause 3, article 168 of the Tax Code of the Russian Federation). When services are provided, this day for VAT purposes should be considered the date of the first drafting of the primary document issued to the customer (see, for example, letters from the Ministry of Finance of Russia dated December 30, 2014 N 03-07-11 / 68585, dated December 29, 2014 N 03- 07-11/68117, dated 01/13/2012 N 03-07-11/08, dated 03/16/2006 N 03-04-11/53, UMNS for the city of Moscow dated 09/07/2004 N 24-11/57756, Federal Tax Service of Russia for Moscow dated December 2, 2009 N 16-15 / 126829).
Therefore, in this situation, within five days from the date of execution of the act on the provision of services, the executing organization will have to issue an invoice to the customer, indicating in line 1 the serial number and the date of the actual preparation of this invoice (paragraph "a", paragraph 1 Rules for filling out an invoice used in calculating value added tax, approved by Decree of the Government of the Russian Federation of December 26, 2011 N 1137).
Accounting
In the situation under consideration, by virtue of clause 2 of PBU 22/2010 "Correction of errors in accounting and reporting" (hereinafter referred to as PBU 22/2010), failure to reflect revenue from the provision of services due to an erroneous failure to draw up an act on their provision is recognized as an error for accounting purposes.According to paragraph 5 of PBU 22/2010, an error in the reporting year identified before the end of this year is corrected by entries in the relevant accounting accounts in the month of the reporting year in which the error was discovered.
Taking into account the foregoing, as well as the provisions of the Instructions for the Application of the Chart of Accounts for Accounting for the Financial and Economic Activities of Organizations, approved by Order of the Ministry of Finance of the Russian Federation of October 31, 2000 N 94n, we believe that in the month of detection of an error (in August or September 2016) the executing organization You should make the following entries in your books of account:
Reflected revenue from the provision of services, erroneously not reflected in the II quarter;
VAT shown.
Corporate income tax
The tax period for tax is a calendar year. Reporting periods for tax are the first quarter, six months and nine months of a calendar year. Reporting periods for taxpayers who calculate monthly advance payments based on the actual profit received are a month, two months, three months, and so on until the end of the calendar year (Article 285 of the Tax Code of the Russian Federation).Official bodies with reference to p.p. 1, 2 art. 249, paragraph 3 of Art. 271, paragraph 1 of Art. 39 of the Tax Code of the Russian Federation has repeatedly explained that the income from the sale of a service is determined on the date of its actual consumption by the customer (the date of the actual provision of the service) (see, for example, letters of the Ministry of Finance of Russia dated 05.27. Moscow dated December 23, 2009 N 16-15/136075, dated July 7, 2008 N 20-12/064119).
In the definition of the Supreme Arbitration Court of the Russian Federation dated 08.12.2010 N VAC-15640/10, it was stated that in order to determine the moment of accounting for transactions for the sale of services and the recognition of income from their provision, the date of the actual provision of these services (determined based on the moment the company fulfills the accepted obligations), and not the moment of signing the act, which subsequently only records information about the services already provided.
At the same time, for the purposes of taxation of profits, when defining the concept of error, one should be guided by the provisions of PBU 22/2010 (clause 1 of article 11 of the Tax Code of the Russian Federation, letters of the Ministry of Finance of Russia dated 13.04.2016 N 03-03-06 / 2/21034, dated 04.11.2014 N 03-03-06/1/62348, dated 10/17/2013 N 03-03-06/1/43299, dated 08/13/2012 N 03-03-06/1/408).
In this regard, failure to reflect the proceeds from the provision of services for tax purposes in the period of their provision, that is, according to the results of the first half of 2016, due to the erroneous failure to issue an act on their provision, is recognized as an error for the purposes of Chapter 25 of the Tax Code of the Russian Federation.
Paragraphs two and three of paragraph 1 of Art. 54 of the Tax Code of the Russian Federation provides that if errors (distortions) are found in the calculation of the tax base relating to past tax (reporting) periods, in the current tax (reporting) period, the tax base and the amount of tax are recalculated for the period in which the indicated errors were committed ( distortion).
If it is impossible to determine the period of errors (distortions), the recalculation of the tax base and the amount of tax is carried out for the tax (reporting) period in which errors (distortions) were revealed. The taxpayer has the right to recalculate the tax base and the amount of tax for the tax (reporting) period in which errors (distortions) related to previous tax (reporting) periods were detected, also in cases where the errors (distortions) made led to the excessive payment of tax .
From the above provisions of paragraph 1 of Art. 54 of the Tax Code of the Russian Federation it follows that the recalculation of the tax base and the amount of tax is carried out for the tax (reporting) period in which errors (distortions) related to previous tax (reporting) periods were detected, in one of two cases (letters of the Ministry of Finance of Russia dated 05/22/2015 N 03-03-06/1/29540, dated 04/23/2014 N 03-02-07/1/18777, dated 10/17/2013 N 03-03-06/1/43299, dated 08/13/2012 N 03-03- 06/1/408, dated 01/30/2012 N 03-03-06/1/40, dated 01/18/2012 N 03-03-06/4/1, decisions of the Arbitration Court of the North-Western District dated 06/19/2015 N F07- 3463/15 in case N А52-1261/2014, FAS of the East Siberian District of 04/07/2014 N Ф02-1184/14 in case N А78-7833/2013), namely:
If it is impossible to determine the period for making errors (distortions);
When the mistakes (distortions) made led to the excessive payment of tax.
According to the first paragraph of paragraph 1 of Art. 81 of the Tax Code of the Russian Federation, if a taxpayer discovers in the tax declaration filed with the tax authority the fact of failure to reflect or incomplete reflection of information, as well as errors that lead to an underestimation of the amount of tax payable, he is obliged to make the necessary changes to the tax return and submit to the tax authority an updated tax declaration in in the manner prescribed by this article.
In the situation under consideration, the period of occurrence of the error is determined (April 2016), and the error made did not lead to the excessive payment of tax. On the contrary, this mistake led to an underestimation of the amount of the advance payment of income tax payable at the end of the first half of the year (paragraph two of paragraph 2 of article 286 of the Tax Code of the Russian Federation). In this regard, we believe that there are no grounds for correcting the mistake made during the period of its discovery and the organization should submit to the tax authority an updated tax return on income tax for the half year of 2016*(1).
VAT
The sale of services on the territory of the Russian Federation is recognized as an object of VAT (clause 1, clause 1, article 146 of the Tax Code of the Russian Federation).
The tax period for the purposes of Chapter 21 of the Tax Code of the Russian Federation is established as a quarter (Article 163 of the Tax Code of the Russian Federation).
In the situation under consideration, the executing organization in the tax period for the provision of services (in the II quarter of 2016) did not present the amount of VAT to the customer and, as a result, underestimated the tax base for this and the amount of tax payable to the budget at the end of this tax period (clause 1 article 154, clause 1 article 167, clause 1 article 168, clause 1 article 174 of the Tax Code of the Russian Federation).
Accordingly, by virtue of the first paragraph of paragraph 1 of Art. 81 of the Tax Code of the Russian Federation, the implementing organization is obliged to submit to the tax authority an updated tax return for VAT for the II quarter of 2015.
In accordance with paragraph 5.1 of Art. 174 of the Tax Code of the Russian Federation, the information indicated in the book of purchases and the book of sales of the taxpayer must be included in the tax return.
According to paragraph 3 of the Rules for maintaining the sales book, used in the calculation of value added tax, approved by Decree of the Government of the Russian Federation of December 26, 2011 N 1137 (hereinafter referred to as the Rules for maintaining the sales book), compiled and (or) issued invoices are subject to registration in the sales book - invoices in all cases when there is an obligation to calculate VAT in accordance with the Tax Code of the Russian Federation.
Invoices are registered in the sales book, regardless of the date they were issued to buyers and the date they were received by buyers, as well as other documents listed in this document.
If it is necessary to make changes to the sales book (after the end of the current tax period), the invoice (including the corrective one) is registered in an additional sheet of the sales book for the tax period in which the invoice was registered, the corrective invoice before entering into them fixes.
At the same time, the Rules for maintaining the sales book do not regulate the issue of registering invoices in an additional sheet of the sales book if the seller discovers in the current tax period that there was no fact of registering invoices for past tax periods.
In the period before the entry into force of Decree of the Government of the Russian Federation of December 26, 2011 N 1137, the Federal Tax Service of Russia recommended in such situations (letter of September 6, 2006 N MM-6-03 / [email protected]) register an invoice in an additional sheet of the sales book of the expired tax period and add the indicators of the registered invoice to the indicators of the "Total" line of the additional sheet of the sales book.
The clarifications provided do not contradict the current Sales Bookkeeping Rules, therefore, we consider them applicable in the situation under consideration.
Thus, we believe that in this case, the executing organization should register the invoice issued in the III quarter of 2016 in an additional sheet of the sales book for the II quarter of 2016 and submit an updated declaration to the tax authority for this tax period.
Encyclopedia of solutions. Accounting for revenue from the provision of services;
Encyclopedia of solutions. Drawing up an act under the contract for the provision of services;
Encyclopedia of solutions. Terms of issuing invoices;
Encyclopedia of solutions. Additional sheet of the sales book.
Prepared answer:
Legal Consulting Service Expert GARANT
member of the Chamber of Tax Consultants Kirill Gusev
Response quality control:
Reviewer of the Legal Consulting Service GARANT
Queen Elena
The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service. For more information about the service, contact your manager.
What is the date for the invoice? How to make an entry in the ledger? Do I need to correct the sales book and submit a clarification? Read about it in an article prepared by our colleagues from the journal "Seminar for an Accountant".
As a general rule, an invoice must be issued within five calendar days from the date of sale (clause 3, article 168 of the Tax Code of the Russian Federation). However, there are no instructions for when the invoice is issued later. Suppose the seller handed over to the buyer only the invoice during shipment, and decided to draw up the invoice later, and then completely forgot about it.
If they remembered this in the same quarter, then it will be possible to correct the situation without consequences. Issue the invoice at the right time, register it in the accounting journal and in the sales book. But what if the error is discovered in one of the following quarters? That is, this shipment was taken into account in income when calculating income tax, but not in the VAT return. Let's figure it out.
Decide what date to issue the invoice
First you need to issue an invoice. True, it is not clear what date to indicate in the document. On the one hand, you draw up a document with the current number, which should be in the invoice. But on the other hand, the document refers to the shipment that was in the previous period. So it is logical to indicate the past date. There are no official guidelines for this situation. Therefore, I advise you to determine the course of action yourself. And fix it in the accounting policy.
What is important to consider when issuing an invoice late
How to file a forgotten invoice |
Consequences |
|
for the seller |
for the buyer |
|
Backdating |
+ the requirement to issue an invoice within 5 days after shipment is fulfilled; - the numbering of documents is violated (no sanctions are provided for this) |
± there is a risk of losing the VAT deduction, but judicial practice is in favor of companies |
current date |
+ invoices are numbered in order; - the deadline for issuing invoices has been violated (no sanctions are provided for this) |
- tax authorities may refuse to deduct, despite the fact that judicial practice is contradictory |
I must say right away that it does not matter at all for the seller what date to issue an invoice in this case. Nothing threatens him. But there may be claims against the buyer when he declares the deduction of VAT on this shipment. We need to warn him about this. And at the same time find out if he has already taken this amount for deduction. Indeed, in practice, buyers often receive invoices later than they submit VAT returns. But they still take into account these amounts in the shipment quarter, because they know that they will receive the documents anyway.
If the buyer has already claimed VAT during the shipment period, prepare an invoice for the date of sale. So, the five-day period during which the document must be issued will not be violated. This is a plus. However, the numbering of documents will be lost. But there are no penalties for this. The buyer will have questions. An invoice with the wrong number does not give the right to a deduction, inspectors say. But their opinion can be challenged in court. An example of a winning case is the resolution of the Federal Antimonopoly Service of the North Caucasus District dated January 29, 2013 in case No. A01-2107 / 2011.
There is an option - do not indicate the number at all. But in this case, the tax authorities will not go forward. But you can count on the support of judges (decree of the Federal Antimonopoly Service of the Central District of April 8, 2013 in case No. A14-7612/2011).
Now, in disputes with inspectors, it will be necessary to go through a mandatory pre-trial appeal. You can cite these rulings in your defence. But even if the Federal Tax Service does not support the company, it makes sense to insist on your own in court.
Now consider what happens if the buyer has not declared a deduction, but plans to do so after receiving the invoice. In this case, specify the current date in the document. The deadline for issuing an invoice will be violated - clearly more than five days have passed since the shipment. But the numbering will be fine. The buyer risks losing the deduction even with this approach. And judges are not always on the side of taxpayers who want to receive a deduction on an invoice issued out of time. For example, the winning case No. А26-9024/2011 is described in the resolution of the Federal Antimonopoly Service of the Northwestern District of October 25, 2012. Losing - in the decision of the Federal Antimonopoly Service of the Volga District of May 19, 2011 in case No. A65-20359 / 2010.
Make an entry in the journal
All issued invoices must be registered in part 1 of the register of received and issued invoices in chronological order (clause 3 of the Rules approved by Decree of the Government of the Russian Federation of December 26, 2011 No. 1137).
The company determines the procedure for registering forgotten documents independently. After all, the specified rules do not describe the case when the invoice is not registered on time. Similar explanations were given in the Ministry of Finance of Russia - letter dated July 2, 2013 No. 03-07-09 / 25177. And although they were talking about received, not issued invoices, the above logic can be used in this situation. It is better to issue such an order as an addition to the accounting policy.
Thus, register an invoice with the current date in the accounting journal for the current quarter. A document issued backdated is in the journal for the last period. You can re-form the journal or, if this is not possible, make a correction at the end of the list: make a footnote, mark, issue an explanation. In a word, up to you. The main thing is to make it clear that the invoice in the journal is taken into account.
In addition, nothing threatens for violating the procedure for registering invoices in the company's journal. For this reason, your buyer should also not be denied a deduction, although this happens in practice. But judges do not associate the right to a deduction with the seller’s document flow rules, so taxpayers win such disputes (decisions of the FAS of the Moscow District of July 18, 2013 in case No. A40-33819 / 12-20-159, FAS of the Urals District of January 20, 2011 No. № Ф09-10858/10-С2).
Everyone can make a mistake, including an accountant, writing out documents, for example, for a service not to the counterparty to whom it was provided, but to another. Well, when the error was discovered immediately. And if the period is already closed?
There are different situations at work. The company provided a service for which it is necessary to issue an act and an invoice. When compiling these documents, the accountant made a mistake and “clicked” on another counterparty in the program. After some time, the error was discovered, and the specialist faced the question of how to correct his mistake if, for example, the VAT return had already been submitted?
Obviously, in such a situation, both the primary (in this case, the act of rendering services) and the invoice are drawn up erroneously. But here it is necessary not to make corrections to the documents, but to cancel the completed ones and at the same time draw up the correct ones.
Source documents
Each fact of economic life is subject to registration by the primary accounting document (part 1 of article 9 of the Federal Law of December 6, 2011 No. 402-ФЗ “On Accounting”, hereinafter referred to as the Accounting Law). All documents must be drawn up in accordance with the requirements of the law. In particular, each primary accounting document must contain mandatory details listed in Part 2 of Art. 9 of the accounting law. Mandatory details include data on the persons who made the transaction, that is, data on the customer as well. Therefore, drawing up an act on another person is a violation. Such a document must be canceled, and it cannot serve as a basis for reflecting an entry in accounting.
Thus, the accountant must cancel the act of services rendered. Procedure for cancellation of primary documents not established by law. The company may send an official letter to the person to whom the act was erroneously transferred, indicating the reasons for the unreasonable issuance of the act and requesting its annulment.
Since the service was nevertheless provided, at the same time an act should be drawn up in the name of the counterparty to whom the service was provided. Here the main question arises: what date to draw up an act?
The primary document must be drawn up when the fact of economic life is committed, and if this is not possible, immediately after its completion (part 3 of article 9 of the Accounting Law). But in this case, the moment is “missed”, which means that in fact the document will be issued late.
An accountant can write out an act on the current date, but then you will have to cancel the records on the reflection of revenue in accounting, made on the basis of an erroneous act. Another option, although not entirely correct, is to draw up an act retroactively, assigning it the number and date of the annulled act. In this case, the program does not have to reverse previously made entries, but it is enough to change the data of the ordering organization. But here you need to be prepared for the fact that the counterparty will not agree with such an extract of the document and will require you to draw up a document with the current date.
Invoice
When selling services, the taxpayer, in addition to the price of the services rendered, is obliged to present the corresponding amount of VAT for payment to the buyer of these services (clause 1, article 168 of the Tax Code of the Russian Federation). The amount of tax presented is indicated in the invoice issued to the buyer of services (clause 3, article 168 of the Tax Code of the Russian Federation). Accordingly, if the invoice was erroneously drawn up in the name of another counterparty, the organization must make corrections.
To do this, the erroneous invoice must be canceled, followed by the cancellation of the entry in the sales book for the period in which this invoice was registered. It should be noted that neither the Tax Code of the Russian Federation, nor the Rules for filling out an invoice used in calculating value added tax, approved by Decree of the Government of the Russian Federation of December 26, 2011 No. 1137, provide for the procedure for canceling a previously issued invoice. However, the Rules for Keeping the Sales Book Used in Value Added Tax Calculations (hereinafter referred to as the Rules for Keeping the Sales Book), approved by the same resolution, provide the procedure for canceling an entry in the sales book . Clause 11 of the Rules for Maintaining the Sales Book says that when the specified entries are canceled (before the end of the current tax period) in the sales book, the indicators in these columns are indicated with a negative value. If the entry has to be canceled after the end of the tax period, then additional sheets to the sales book should be used to make corrections to the sales book.
Since it is permitted by regulation to cancel entries in the sales book, the legality of canceling the invoices themselves is not in doubt. Moreover, the Federal Tax Service of Russia in a letter dated April 30, 2015 No. BS-18-6 / [email protected] considers it inappropriate to fix the mechanism for canceling invoices, noting that it is sufficient to have a mechanism for canceling entries in the purchase book from the buyer and in the sales book from the seller. Therefore, the seller can cancel the invoice on his own (for example, by stamping “cancelled”), while simultaneously sending a notification letter to the counterparty that was erroneously invoiced. It must reflect the details of the erroneously issued invoice and indicate that this document was canceled because it was issued erroneously.
At the same time, the company makes corrections to the sales book. Since the period in which the erroneous document was registered is over, an additional sheet is compiled for this period to the sales book.
Besides, since the invoice was not issued to the actual purchaser of the services, the service provider must issue a new invoice . Five days from the date of provision of services are allotted for issuing an invoice (clause 3, article 168 of the Tax Code of the Russian Federation). In this case, it is obvious that the supplier missed the five-day deadline for issuing the document. However, you still need to create an invoice. As in the case of the act, here the question arises: what date to issue an invoice? We note right away that there are no clarifications from official bodies on this issue.
According to generally accepted practice, documents should be issued by the current date in chronological order. However, in this case, the operation to provide services to the correct counterparty should have been included in the VAT tax base in the period in which the service was provided. Accordingly, the invoice, regardless of what date it was drawn up and issued, should be registered in an additional sheet to the purchase book for the period when the service was provided.
If the invoice is compiled from the date of completion (for example, July 2016), then its registration in an additional sheet of the sales book (for example, for the 4th quarter of 2015) will not look very correct. Therefore, we would recommend that you draw up an invoice retroactively, assigning to it the same number and date that were assigned to the canceled invoice. Of course, this option is not ideal, but in this case there is simply no ideal option. For such registration of invoices, the organization is unlikely to be punished. After all, the main thing is that VAT was charged on time from the operation for the provision of services. Additionally, you can register such an option for issuing invoices in the accounting policy.
As for making changes to the VAT declaration, according to paragraph 1 of Art. 81 of the Tax Code of the Russian Federation, an amended declaration must be submitted without fail only if the error led to an underestimation of the tax payable to the budget. In this case, there was no underestimation of VAT for that period, because the cost of the service provided was included in the VAT tax base. However, we still recommend that you submit an amended VAT return, as it is necessary to correct the invoice data entered in section 9 of the VAT return in the primary return.
If, at the insistence of the customer organization, the company issued the act on the current date, then, accordingly, it would be more logical to issue the invoice on the same date. But even in such a situation, this invoice will be correctly reflected in an additional sheet of the sales book for the period in which the service was provided. Of course, if all documents are issued on the current date, and the counterparty agrees with this, then the company may prefer to reflect sales records and calculate VAT on the current date. Of course, this will be illegal, but it is unlikely that the tax authorities will find violations. True, in this case, the company will have to reverse the previously recorded transactions in the previous period, clarify the VAT return and reflect in a new way already in the current period.
An invoice is a basis document for the buyer to accept the VAT amounts presented by the seller for deduction in the manner prescribed by Ch. 21 of the Tax Code of the Russian Federation. We will tell you about when you need to issue an invoice for advance payment in our consultation.
Got an advance? Don't forget to charge VAT
When determining the tax base for VAT, sales revenue is determined on the basis of all taxpayer income related to settlements for payment for goods (works, services) received by him in cash or in kind (clause 2, article 153 of the Tax Code of the Russian Federation).
At the same time, the earliest of the following dates is recognized as the moment of determining the tax base as a general rule (clause 1, article 167 of the Tax Code of the Russian Federation):
- day of shipment (transfer) of goods (works, services);
- the day of payment, partial payment on account of the forthcoming deliveries of goods (performance of work, provision of services).
The foregoing means that, having received an advance payment for the supply of goods, performance of work or provision of services, the seller must calculate VAT payable to the budget at the estimated rate of 20/120 or 10/110 (clause 4 of article 164 of the Tax Code of the Russian Federation). Which tax rate to apply depends on the rate at which the sale of goods, performance of work or provision of services for which the advance was received is taxed.
Advance invoice due date
When to issue an advance invoice? Recall that when selling goods, performing work, rendering services, an invoice is issued no later than 5 calendar days from the date of shipment of goods (performance of work, provision of services).
An "advance" invoice must also be drawn up within 5 calendar days from the date of receipt of the advance (clause 3, article 168 of the Tax Code of the Russian Federation). Moreover, if the last day of the term falls on a weekend or non-working holiday, an invoice must be issued no later than the working day following such a day (clause 7, article 6.1 of the Tax Code of the Russian Federation).
When an advance invoice is not issued
An invoice for an advance payment is not drawn up if an advance payment is received on account of the forthcoming deliveries of goods (performance of work, provision of services), which (paragraph 3, clause 17 of the Rules, approved by Decree of the Government of the Russian Federation of December 26, 2011 No. 1137):
- or have a production cycle duration of more than 6 months;
- or taxed at a tax rate of 0%;
- or not subject to taxation (exempted from taxation).
In addition, as follows from the explanations of the Ministry of Finance, it is also not necessary to issue an “advance” invoice if the shipment took place within 5 calendar days from the date of receipt of the advance payment on account of this shipment (Letter of the Ministry of Finance of November 10, 2016 No. 03-07-14 / 65759).
Thus, the terms for issuing advance invoices in 2019 have not changed compared to 2018.
Often in the process of documenting transactions, some inconsistencies may occur, documents may not be drawn up or drawn up incorrectly, in such situations it is necessary to take additional actions in order to resolve this situation. Otherwise, tax deductions will not be received, since the main basis for this is a correctly drawn up document.
The transaction must be carried out in accordance with legal regulations. What if you forgot to post a document from the supplier in a timely manner?
If a discrepancy or lack of an invoice is revealed, it is necessary to immediately draw up this document in accordance with the rules and provide it to the buyer within 5 days from the date of its preparation.
In the invoice, it is necessary to indicate the date of the transaction, an additional certificate of completion is drawn up, which, together with the invoice, is sent to the address of the customer. This act is also drawn up by the date of the actual transaction. Read more about whether the invoice and the act of work performed are interchangeable, read, and learn more about the rules for issuing a power of attorney to sign invoices and acts of work performed in.
If not registered
Sometimes unplanned situations may occur that need to be corrected. So, if, nevertheless, she arrived on time, but she was forgotten to register in accordance with the rules, then this fact cannot be ignored.
If an unregistered invoice is found, then it should still be entered in the sales book or the purchase book of exactly the period to which it belongs. The question also arises in terms of the fact that the next reporting period has come and what to do now? How to post a document for the past period? You can register an invoice even in the upcoming reporting period.
There are no penalties or other sanctions for this from the tax authorities. As for the seller in this matter, there will be nothing for him, neither good nor bad, from the fact that he did not put up or did not register this document on time.
As for the buyer, he may be denied a VAT deduction. With the correct preparation of the document and the indication of the actual date of the transaction, the chances that everything will go as it should are quite high.
Read more about the features of registration and storage of invoices at the enterprise.
How to carry out if he came late?
Entrepreneurs who are VAT payers have the right to deduct this tax from the value of acquired property used in business. To make this deduction, you will need correctly issued invoices from suppliers or contractors.
Any use of materials is allowed only if there is a hyperlink. If the invoice arrived later, then it must be registered in the reporting period in which the transaction took place.
The main feature that inspectors may not like is the violation of the numbering of documents in the book of purchases or sales. But it should be noted right away that this will not entail any undesirable consequences.
Can the document be accepted next quarter? Options for the development of events if the bill arrived late:
- It can be accepted retroactively, but the numbering of documents is violated. The buyer is more likely to receive a VAT deduction.
- The document can be registered with the current date, but the deadlines for issuing such invoices are violated. Although sanctions are not provided for such violations.
If the document arrived late, then you should try to contact the tax office in order to get a tax deduction, but no one can give you a 100% guarantee that you will receive it.
What happens if there is no paper?
In accordance with article 168 of the Tax Code, paragraph 3, the invoice must be drawn up within five days from the date of the purchase and sale transaction. If the exhibit did not occur, then it turns out that the seller violates the law, although as regards sanctions for this violation, they are not provided.
The best option is to find a discrepancy in the same reporting period. If the absence of the document is discovered later, there will be problems with VAT deductions. The seller here will suffer much less.
For more information about why an invoice is needed for both sellers and buyers, read in.
What to expect when applying "backdating"?
If they forgot about and remembered in the next quarter, then it is advisable to post the document “backdating” so as not to violate the billing procedure. The legislation does not provide for the procedure for such violations, therefore, management should determine it in the accounting policy of the enterprise. The buyer in case of untimely receipt of the document risks more than the seller.
For backdating, the seller is only threatened with a violation of tax laws, for which sanctions are not provided. The buyer will have to fight for his right to receive tax deductions up to the trial.
Conclusion
The correctness of the document, its issuance and registration guarantee that the taxpayer will be granted tax deductions. If everything did not go as required by law and regulations, then some situations must be corrected, but it is also necessary to know how to do it.
Your rights are worth defending. Judicial practice in such cases shows that the chances of a positive result are quite high, but the inspector cannot always meet the taxpayer halfway.