VAT on advances: transactions and examples. Correction of errors in vat in accounting Error accrued vat from advance how to fix
VAT on advances received is calculated by the seller in a situation when the date of payment for the product (service) is ahead of the date of its sale. However, sometimes the Tax Code of the Russian Federation allows VAT on an advance received not to be paid. Let's figure it out.
On our forum, you can clarify any points on the calculation of VAT and other federal taxes... So, find out how it goes office check on VAT, what documents are requested by tax authorities during this audit, you can by.
VAT on advances received - what is it?
To charge VAT on advances received makes taxpayers sub. 2 p. 1 art. 167 of the Tax Code of the Russian Federation. If payment has arrived on account of a future delivery, VAT should be charged. In this case, the tax base will be the prepayment itself, and VAT is charged at the estimated rates of 10/110 or 20/120, depending on the object being sold (clause 4 of article 164 of the Tax Code of the Russian Federation).
Accounting for advances from the seller
1. The following postings are made:
Dt 51 Kt 62 - prepayment has been received.
Dt 76 Kt 68 - VAT on prepayment is reflected.
2. Prepare an advance invoice (Article 169 of the Tax Code of the Russian Federation).
The provider has 5 days to write it out. It is made up in 2 copies: one - for yourself, the second - for the buyer. The rules for issuing invoices for advances received are governed by Decree of the Government of the Russian Federation of December 26, 2011 No. 1137 (hereinafter - Resolution No. 1137).
For information on how to correctly fill out an invoice for advance, see material
3. The advance invoice is recorded in the sales ledger.
The invoice is registered in the period in which the prepayment was received (clause 3 of the Rules for maintaining the book of purchases, approved by Resolution No. 1137).
- there was no advance payment during the period of transfer;
- the sale in the period of the advance payment was;
- the advance is returned to the buyer.
Option when there was no shipment in the period of receipt of advance payment
The seller needs to enter the amount of the advance payment and VAT from the advance received in line 070 in columns 3 and 5, respectively, of section 3 of the VAT declaration (order of the Federal Tax Service of Russia dated October 29, 2014 No. MMV-7-3 / [email protected]).
The option when the seller returned the advance to the buyer
- The seller accepts VAT on advances received for deduction (clause 5 of article 171 of the Tax Code of the Russian Federation), making the entries:
Дт 62 Кт 51 - advance payment refund.
Дт 68 Кт 76 - VAT acceptance from received advances for deduction.
- Reflects VAT deducted in the purchase book.
- Completes line 120 of section 3 of the VAT return.
An implementation option for the implementation of previously paid goods and materials
- The seller accepts VAT from the advance received for deduction (clause 8 of article 171 of the Tax Code of the Russian Federation), making the entries:
Dt 62 Kt 90 - proceeds from sales were received.
Dt 90 Kt 68 - VAT charged on sales.
Дт 68 Кт 76 - VAT from received advances is deducted.
- Shows the deduction for VAT on advances received in the purchase book with the invoice number that was issued by the seller upon receipt of the advance.
- Fills in a declaration, in which he makes a deduction in line 170 of section 3.
For the timing of VAT deduction, see the material "Deductions" of advance "and" agency "VAT cannot be deferred"
Note! The tax authorities believe that VAT is charged on the advance received in any case, even if the periods for receiving the advance payment and the sale coincide (letter of the Federal Tax Service of Russia dated 20.07.2011 No. ED-4-3 / 11684).
In addition, according to sub. 3 p. 3 art. 170 of the Tax Code of the Russian Federation, the seller, having sold goods and materials for an amount less than the advance payment, can deduct VAT only on the sales amount, and not on the entire prepayment.
For more information on the rules for deducting VAT from advances, see the material "Acceptance of VAT deduction from received advances"
Buyer's actions when making a prepayment
The buyer by virtue of clause 12 of Art. 171 of the Tax Code of the Russian Federation may accept advance VAT for deduction if:
- there is a correctly issued invoice;
- there is a document confirming payment;
- the contract stipulates the possibility of prepayment.
After listing the advance, the buyer:
- Makes the following postings:
Дт 60 Кт 51 - advance payment is transferred.
Dt 68 Kt 76 - advance VAT is deducted.
- Records VAT deduction from advances issued in the purchase book with the invoice number issued by the seller.
- Reflects advance VAT on line 130 of section 3 of the VAT return.
- Recovers advance VAT in the sales period: Dt 76 Kt 68.
- Reflects VAT recovery in the sales book.
- Reflects in the VAT return on advances on line 090 of section 3 (at rates 10/110 and 20/120).
On the issue of filling out line 090 of the declaration, see the material "How to fill in line 090 of section 3 of the VAT declaration"
When VAT on advances received does not need to be charged
A taxpayer may not charge VAT on an advance received in the following cases:
- upon receipt of an advance payment non-taxable operations (Article 149 of the Tax Code of the Russian Federation);
- if transactions are advanced, the place of implementation of which is not the territory of the Russian Federation (Art. 147, Art. 148 of the Tax Code of the Russian Federation);
- the seller does not pay VAT as a "special regime" (Ch. 26.1-26.5 of the Tax Code of the Russian Federation);
- the seller is exempted from paying VAT (Articles 145 - 145.1 of the Tax Code of the Russian Federation);
- prepayment was made for transactions with a VAT rate of 0% (clause 1 of article 164 of the Tax Code of the Russian Federation);
- advance payment was transferred for operations for which a long production cycle is provided for - more than six months (clause 13 of article 167 of the Tax Code of the Russian Federation).
About who is not considered to be a VAT payer, see the material "Who is a VAT payer?"
How to reflect VAT when receiving an advance payment when switching to a simplified tax system with a taxation system and vice versa
According to Art. 346.12 of the Tax Code of the Russian Federation, a taxpayer does not pay VAT on the simplified tax system, with the exception of some cases. Consequently, in a situation where the seller charged VAT on the DOS on the amount of advances received, and then switched to the simplified tax system, after which he carried out the implementation, there are no grounds for accepting VAT for deduction. But he will not need to charge VAT on shipment either.
If the seller, on the contrary, worked on the simplified tax system, and then switched to general regime, he will have to charge VAT on sales, but he will not be able to reduce the tax base by the amount of the previously received prepayment (letter of the Ministry of Finance of Russia dated July 30, 2008 No. 03-11-04 / 2/116).
On the consequences of the transition from the simplified tax system and to the simplified tax system, see the material "VAT when switching to the simplified tax system from basic taxation system: accounting and tax recovery"
Responsibility of the seller who does not charge VAT on advances received
Art. 122 of the Tax Code of the Russian Federation introduced liability for incomplete payment of the amount of VAT in case of understating tax base... The amount of the fine according to the specified norm can range from 20 to 40% of the unpaid tax amount, depending on the intention of the violation.
About what threatens for late payment of VAT, see the material "What is the responsibility for late payment of VAT?"
Outcome
Accounting for VAT when receiving advances is of great importance for the seller, because by calculating and paying VAT on the prepayment amounts, the taxpayer reduces the tax burden in future periods, since then it accepts the accrued VAT for deduction.
To the buyer, on the contrary, the transfer of the advance makes it possible to reduce the tax burden in the current tax periods. However, if for the buyer the application of deduction for advance VAT is a right, then the accrual of VAT for the seller is an obligation, if he fails to fulfill it, he can be held liable.
In the 1st quarter of 2014. there was a desk audit, the tax amount was refundable, it was returned, but now I found that the VAT amounts from the advance accepted for deduction after shipment were reflected in the purchase book, but were not included in the tax return. How to fix the situation? (We did not underestimate the base, but at the same time a large amount of VAT advances not accepted for deduction, we overestimated VAT). in addition to these errors, there is one more, we have reflected one amount to the purchase book by mistake. They mistakenly accepted for deduction VAT, which was paid from the advance payment in the last quarter, and accepted it for deduction, reflected in the purchase book and in the declaration. How to fix?
- Situation 1 - VAT deduction from advances received from buyers is not reflected. Those. understated deduction and overstated the amount of VAT payable. If we were talking about input VAT on purchased goods, works or services, then the revised declaration could not be submitted, but reflect the deductions in the current period. This is due to the fact that the buyer has the right to take advantage of the deduction within 3 years from the date of acceptance for accounting. This right does not apply to the deduction of advance VAT. Therefore, if you want to return the advance VAT, you will have to submit an updated VAT return for the quarter when the mistake was made. Since everything is correct in your accounting, you do not need to make adjustments to transactions and purchase and sales books. Submit the declaration to in electronic format in the form that was valid in the period of the error.
- Situation 2 - here you also need to adjust the reporting, because understated VAT payable. But unlike the first situation, we need corrections in tax accounting. Make an extra sheet of the shopping book for the quarter in which the mistake was made. In add. Enter the “extra” advance invoice sheet with a minus sign. Then calculate the amount of VAT surcharge, late payment interest and pay both amounts to the budget. Only then file an updated tax return.
Justification
When an organization is required to submit an updated tax return
Understatement of the tax base
An organization is obliged to submit a revised tax return if it found inaccuracies or errors in a previously submitted tax return that led to an underestimation of the tax base and incomplete payment of tax to the budget. It is necessary to submit an updated declaration if the period in which the mistake was made is known. If the period in which the error was made is not known, an updated declaration is not submitted. In this case, it is necessary to recalculate the tax base and the tax amount in the period in which the error was found. This follows from the provisions of Article 81 and paragraph 1 of Article 54 of the Tax Code of the Russian Federation.
This procedure applies to both taxpayers and tax agents... At the same time, tax agents are obliged to submit updated calculations only for those taxpayers in relation to which errors were found. This is stated in Article 81 of the Tax Code of the Russian Federation. For example, an updated tax calculation on income paid to foreign organizations should be submitted only for those taxpayers whose data in the original calculation were distorted.
Situation: what taxes can be applied to the norms of Articles 54 and 81 of the Tax Code of the Russian Federation on recalculation of the tax base without submitting revised declarations. In the current period, errors were found that were made in previous periods and caused an overpayment
The possibility of applying the norms of these articles exists only in relation to income tax, transport tax, MET and single tax with simplified taxation.
This is explained as follows.
If the changes made to the purchase book reduce the amount of the previously declared VAT deduction, an updated tax return for the relevant period must be submitted to the inspectorate (Federal Tax Service of Russia No. GD-4-3 / 22685 dated November 5, 2014).
If, as a result of the adjustment, the amount of the previously declared VAT deduction increases, then the organization has a choice:
- submit a revised declaration for the relevant period (a right, not an obligation). In this case, it will be necessary to draw up an additional sheet to the purchase book for the period in which the original invoice was registered;
- claim a deduction in the current period (within three years). In this case, make entries only in the purchase book for reporting period;
article 172 of the Tax Code of the Russian Federation.
The procedure for drawing up an additional sheet
A prerequisite for any commercial activity is the creation of a reliable system to ensure this order. However, the tax base for VAT should be increased by the amount of advances received on account of the forthcoming deliveries of goods, as defined in paragraphs. 1 p. 1 of Art. 162 of the Tax Code of the Russian Federation. Value added tax is taxed on a calculation basis, tax rate in which in this case it is equal to 18/118, in accordance with paragraph 4 of Art. 164 of the Tax Code of the Russian Federation.
Taking into account the norms of paragraph 8 of Art. 171 and clause 6 of Art. 172 of the Tax Code of the Russian Federation, the amount of VAT calculated and paid to the budget from the amounts of advance payments received for upcoming deliveries of goods, the organization has the right to deduct after the date of sale of the relevant goods.
However, there are situations when organizations do not charge VAT on received advances and prepayments.
Example. LLC entered into a purchase and sale agreement with the buyer - OJSC in the amount of 240,000 rubles, including VAT - 36,610 rubles. The agreement stipulates that the goods are shipped only after the buyer has made a 100% prepayment.
VAT on the prepayment amount was not calculated on time and paid to the budget.
The tax period for VAT is a calendar month.
In this case, it is necessary to make corrections in the accounting and clarify the calculations with the VAT budget.
Several options are possible here.
1. The error was discovered by the organization in November.
In cases of revealing incorrect reflection of business transactions of the current period before the end of the reporting year, corrections should be made by entries on the corresponding accounts accounting in the same month of the reporting period when violations were identified.
In accordance with paragraph 1 of Art. 54 of the Tax Code of the Russian Federation in case of detection of errors (distortions) in calculating the tax base relating to previous reporting periods, in the current reporting period, recalculation tax liabilities is made during the period of the error, that is, in October.
In this case, the LLC is obliged to make the necessary additions and changes to the tax declaration for value added tax, as provided for in paragraph 1 of Art. 81 of the Tax Code of the Russian Federation. In this case, the LLC may be exempted from liability, provided that, prior to the submission of the revised declaration, it has paid the missing amount of VAT to the budget, as well as the corresponding penalties. This is the requirement of paragraph 4 of Art. 81 of the Tax Code of the Russian Federation.
Considering the norms of Art. 75 of the Tax Code of the Russian Federation, the penalty is charged for each calendar day of delay in the fulfillment of the obligation to pay tax, starting from the next day of payment of tax established by the legislation on taxes and fees. For each day of delay, the penalty is determined as a percentage of the unpaid amount of tax or due. Interest rate penalty interest is taken equal to one three hundredth of the refinancing rate in force at this time The Central Bank Russian Federation... At the moment it is 10 percent per annum.
The error correction should be done in the following order.
1. Since the amount of VAT on the prepayment received in October was not reflected in the accounting in a timely manner, then in November in the accounting you just need to make an additional entry.
2. The calculation of the amount of interest for late payment of VAT for October is drawn up by an accounting statement-calculation, which may look like this:
Due to the fact that in October 2007, upon receipt of an advance payment from OJSC to the current account, the accrual of VAT from this amount was not reflected in the accounting records, it is required to charge penalties for late payment of VAT.
The amount of VAT subject to additional payment for October 2007 is 40,000 rubles. The deadline for VAT payment for October 2007 is November 20, 2007.
The number of days overdue is 4 days.
The refinancing rate, according to the Telegram of the Central Bank of the Russian Federation of 18.06.2007 N 1839-U, is 10 percent. The penalty amount will be 48.81 rubles. (36 610 rubles x 1/300 x 10 percent x 4 days).
Accountant Vasilyeva L.N.
3. Pay to the budget the amount of value added tax calculated from the prepayment, as well as penalties.
4. Submit the revised VAT return for October 2007 to the tax authority.
In accordance with Art. 81 of the Tax Code of the Russian Federation, in order to tax office accepted the revised declaration, the organization needs to write a statement and, along with the correct declaration, submit it to its tax office.
Wherein new declaration must be marked with "Updated". Otherwise, its arrival can be qualified as a late filing of a declaration, for which Art. 119 of the Tax Code of the Russian Federation provides for a fine.
In the revised declaration in sect. 2.1 on lines 260, 280 and 300 LLC indicates the amount of the advance received and the value-added tax charged on it in the amount of 36 610 rubles. Lines 400 and 440 show the amount of VAT calculated to be reduced - the same 36 610
The declaration must be filled in completely. Clause 2 sec. 3 of the Order of the Ministry of Taxes and Levies of Russia dated August 5, 2002 No. BG-3-10 / 411 "On the approval of Recommendations on the procedure for maintaining tax authorities cards of personal accounts of taxpayers, payers of fees and tax agents "it is stipulated that both the revised and additional declarations are tax calculations submitted instead of those that were previously drawn up incorrectly.
Thus, the revised declaration must be rewritten in full.
Fragment of Sec. I "Calculation total amount tax (rub.) "
p / p Taxable objects Line code Tax base (A) VAT rate (A) VAT amount (B) 1 2 3 4 5 6 5. Amounts related to payments for taxable goods (works, services), total: 260 240 000 18/118 36 610
270 - 10/110 - including: 5.1 the amount of advance and other payments received on account of the forthcoming supply of goods or performance of work (services) 280 240 000 18/118 36 610
290 - 10/110 - 6. Total calculated (the sum of the values \u200b\u200bof column 4 lines 010 - 060, 220 - 270 of section 2.1 of the value added tax declaration; columns 6 of lines 010 - 060, 220 - 270 of section 2.1 of the value added tax declaration ) 300 240 000 X 36 610 VAT CALCULATIONS FOR TAX PERIOD N
n / a TAX DEDUCTIONS Line code Amount of VAT 1 2 3 4 16. Total amount of VAT calculated to reduce for a given tax period (if the value of line 300 of section 2.1 of the value added tax declaration is less than the value of line 380 of section 2.1 of the declaration of value added tax value, subtract from the value of line 380 of section 2.1 of the value added tax declaration the value of line 300 of section 2.1 of the declaration of value added tax) 400 36 610 5. Since the shipment of goods was made in November, the organization in the same month takes the amount of VAT calculated and paid to the budget on the amounts of advance payments received on account of the forthcoming deliveries of goods.
When filling out the tax return for November, lines 010, 200, 300 reflect the accrual of VAT on the sale of goods and (on line 340) offset VAT from the advance.
Fragments of the tax return for November:
N | Taxable items p / p
The code Tax line base (A)
VAT rate I VAT amount (B)
58 1 2 3 4 5 6 1. Sale of goods (works, services), as well as transfer of property rights at the appropriate tax rates - total: 010 20
020 203 390 18 36 610
060 10/110 including: 1.5 other sales of goods (works, services), transfer of property rights not included in lines 070 - 150 of section 2.1 of the value added tax declaration 160 20
170 203 390 18 36 610
210 10/110 6. Total calculated (the sum of the values \u200b\u200bof column 4 lines 010 - 060, 220 - 270 of section 2.1 of the value added tax declaration; columns 6 of lines 010 - 060, 220 - 270 of section 2.1 of the value added tax declaration) 300 203 390 X 36 610 N
p / n TAX DEDUCTIONS Line code Amount of VAT 1 2 3 4 10. Amount of tax calculated and paid by the taxpayer from the amounts of advance or other payments, subject to deduction after the date of sale of the relevant goods (work, services) 340 18 305 16. Total amount of VAT, calculated to the reduction for the given tax period (if the value of line 300 of section 2.1 of the value-added tax declaration is less than the value of line 380 of section 2.1 of the value-added tax declaration, deduct from the value of line 380 of section 2.1 of the value-added tax declaration the value of line 300 of section 2.1 value added tax declaration) 400 36 610 59
In accounting in November, the following entries were made that are relevant to this situation.
Debit 62, subaccount "Settlements for goods sold" Credit 90-1 - 240,000 rubles. - reflected the proceeds from the sale of goods;
Debit 90-3 "Value added tax" Credit 68, subaccount "Calculations for VAT" - 36 610 rubles. (203,390 x 18 percent) - reflects the accrual of VAT on sales;
Debit 62, sub-account "Calculations for received advances" Credit 68, sub-account "Calculations for VAT" -36 610 rubles. (240,000 x 18/118) - reflects the accrual of VAT on the prepayment received in October;
Debit 99 Credit 68, subaccount "Calculations for VAT" - 48.81 rubles. - the accrual of penalties for late transfer to the budget of VAT from advances received for the supply of goods is reflected;
Debit 68, subaccount "Calculations for VAT" Credit 51 - 36 658.81 rubles. - reflects an additional payment to the budget of VAT on advance payments and penalties;
Debit 62, subaccount "Settlements on advances received" Credit 62, subaccount "Settlements for goods sold" - 240,000 rubles. - the advance payment received from the buyer in October is credited;
Debit 68, sub-account "Calculations for VAT" Credit 62, sub-account "Calculations for received advances" -36 610 rubles. - the amount of VAT calculated and paid to the budget from the prepayment received in October was accepted for deduction.
2. The error was detected in December.
If an error is discovered in December during the process of drawing up a tax return for November, the organization should proceed as follows.
2. On December 20, to pay to the budget a penalty for late payment of VAT in the amount of 475.93 rubles. (36 610 rubles x 13 percent: 300 x 30 days).
3. On December 21, send the revised declaration for October 2007 in the amount of RUB 36,610. Thus, according to the second option, the organization's payments for VAT will amount to 475.93 rubles.
E. N. Dubinyanskaya,
Head of Audit and Finance Department
United Consulting Group CJSC
Errors occur to the taxpayer for various reasons. He may admit inaccuracies in calculating the tax when determining the tax base and rate, or incorrectly fill out an invoice, sales (purchases) book. In addition, there are technical errors. You will have to answer for any mistakes, so it is better for the accountant to find and correct them himself.
Errors in calculating tax on general rule corrected by filing an updated declaration with the tax office.
The specificity of this tax is that it is often not enough for a taxpayer who discovered a VAT error to draw up only a revised tax return for the period in which the tax base was distorted.
The accountant must make adjustments to the invoice, or to the sales ledger or purchase ledger. The rules for making corrections to these documents are not governed by Tax Code, and the Decree of the Government of the Russian Federation of 02.12.2000 No. 914 "On Approval of the Rules for Keeping Logs of Received and Issued Invoices, Books of Purchases and Books of Sales in Calculating Value Added Tax" (hereinafter - Resolution No. 914, Rules)
1. issue or receive an invoice;
2. register it in the sales book or purchase book;
3. make entries on the reflection of VAT in accounting;
4. and finally fill out your tax return.
The procedure for correcting errors in VAT depends on at what stage of tax calculation and in which documents an inaccuracy was made.
The accountant should start correcting the VAT error exactly from the stage at which the error was made. (In any case, the correction of the error on value added tax, which led to the distortion of the tax base, is completed in the same way as for any other tax - the preparation of an updated tax return).
Let's consider in detail each stage of correcting VAT errors.
Invoice errors.
The error may be related to incorrect execution of invoices by the supplier (contractor, performer). In this case tax deduction on the corrected invoice, the buyer will be able to apply only if tax periodwhen the revised document was received (in any case, this is what is stated in the Letter of the Federal Tax Service of Russia dated 06.09.2006 No. MM-6-03 / [email protected]). Accordingly, this invoice must be recorded in the purchase book by the date it was received (i.e. the date the revised document was received).
Corrections are made to the purchase book by drawing up additional sheets, that is, by canceling entries on incorrect invoices (clause 7 of the Rules). In this case, the details of the wrong invoice are indicated with a minus sign. Information about corrected invoices is reflected in the purchase book as usual - at the time of receipt.
In the Letter of the Ministry of Finance dated 27.07.2006. No. 03-04-09 / 14 states that this procedure must be followed regardless of which specific invoice details were filled out by the supplier incorrectly (or was missing): TIN, KPP, seller's or buyer’s address, payment order number for prepayment, etc. .d.
The supplier who issued an invoice with an error, after correcting it, must draw up an additional sheet to the sales book (clause 16 of the Rules). In this additional sheet, the erroneous entry is canceled and the correct one is reflected.
Mistakes are made in bookshopping and book sales.
Errors can also occur when compiling a sales ledger or a shopping ledger.
So, if the invoice is drawn up correctly, but mistakes were made when registering it in the purchase book (or sales book), additional sheets are also required.
If the invoice was mistakenly registered in the purchase book (for example, an invoice was reflected for goods that were not accepted for accounting), then in the additional sheet for the period in which it was registered, this record is canceled (reflected with the sign "minus").
If everything on the invoice was filled in correctly, but the data from it was incorrectly transferred to the purchase book, then an additional sheet is required to fill out. According to the oral explanations of officials, in this case, two entries are made in the additional sheet: one - canceling the incorrect entry in the purchase book (with a "minus" sign), the second - a correct entry (with a "plus" sign).
The seller also corrects the error when the invoice is incorrectly registered in the sales book.
If the invoice was not registered by mistake (although it was received in the past tax period), then the organization must make the necessary changes to the purchase book by the tax period to which such invoice belongs and submit an updated declaration (clause 2 of the Letter of the Federal Tax Service of Russia dated 06.09.2006 No. MM-6-03 / [email protected]).
Correction of errors in accounting registers.
After the accountant has corrected the indicators in the invoice and corrected the sales book or the purchase book (by drawing up additional sheets), he is obliged to make corrective entries in the accounting.
Depending on the nature of the detected error, corrections to the accounting registers can be made in several ways, including:
By way of additional accounting records;
By the "red storno" method.
Note that the method of additional accounting entries is used if the correspondence of accounts is not violated, but only the transaction amount is changed. Correction of the error is made by drawing up an additional record with the same correspondence of invoices for the amount of the difference between the correct amount of the transaction and the amount reflected in the previous accounting record.
The reversal method is applied, as a rule, if the accounting registers contain incorrect correspondence of accounts or the amount of the transaction is exaggerated.
Adjustments for VAT are reflected in the same accounting accounts on which the entries for the accrual or deduction of value added tax were originally reflected. Errors in determining the tax base are corrected by adjusting the transactions that reflect the amount of sales.
The basis for correcting VAT entries in accounting is, as a rule, corrected invoices, additional sheets of the sales ledger and purchase ledger, as well as an accountant's certificate. The situation is not excluded. when the accountant could have made a mistake only in reflecting the transaction in the accounting, in this case, the compilation of additional sheets of the sales ledger or the purchase ledger is not required.
The accounting statement contains a description of the error, all the necessary calculations and postings that should be entered into the accounting registers. When preparing an accounting statement, one should be guided by the principles of registration of any primary accounting documents. Because it lists all obligatory detailslisted in paragraph 2 of Art. nine Federal law dated 21.11.1996 № 129-FZ "On accounting".
It should be remembered that the rules for making adjustments to accounting registers depend on the moment an error is detected.
If the error refers to the expired reporting periods, then corrections for that period (in contrast to the tax one) are not made. The procedure for correcting errors in accounting is set out in clause 11 of the Instructions on the procedure for drawing up and submitting financial statements (see Order of the Ministry of Finance of Russia dated July 22, 2003 No. 67n).
Errors of the current reporting year, detected before its end, are corrected in the month of the reporting period in which they were discovered. If an error was made in the past reporting period, but was discovered after the end of the reporting year for which financial statements not yet approved, corrective entries in accounting are dated December of the past reporting year.
If the mistake was made in the previous reporting periods, for which the financial statements have already been drawn up and approved, the accountant reflects the correction entries in the registers of the current period (as of the date of the error detection).
Let's look at some examples.
Example 1.
Accountant LLC "Products for Offices" December 12, 2007 revealed an error in the invoice dated 25.09.2007. This invoice was issued to the buyer (LLC "Lastochka" during the shipment of the products and was registered in the sales book in September 2007. The price of the sold products was incorrectly indicated in the documents. In particular, instead of the price for writing paper - 450 rubles, the price was indicated other goods - 250 rubles.
1. Correcting an error in the invoice, the accountant of LLC "Office Supplies" crossed out the incorrect indicators in columns 4, 5, 8 and 9 and wrote the correct amounts instead.
Based on the corrections in the invoice, the accountant made the appropriate adjustments to the sales ledger for September 2007. In the additional sheet of the sales ledger, the totals data from the sales ledger for September 2007 were rewritten, the indicators from the incorrect invoice were indicated with a minus sign and were reflected correct amounts. In the "Total" line of the additional sheet, the new totals of the sales book for September 2007 were displayed.
2. Further, the accountant of LLC "Office Products", having corrected the invoice dated 25.09.2007. and filling in an additional sheet to the sales ledger for September 2007, reflected these adjustments in the accounting. To do this, he drew up an accounting statement dated 12.12.2007, which provided explanations about the error.
An error in determining the tax base and calculating VAT was made in September 2007. By the time it was discovered, the accounting statements for this period had already been submitted. Therefore, correction entries were made on December 12, 2007. - on the date of making corrections to the invoice, filling out an additional sheet to the sales book and drawing up an accounting statement.
The following entries were made in the accounting records of Office Goods LLC:
D 62 K 90-1 - 25,000 rubles. - reflected the proceeds from the sale of writing paper to the buyer - LLC "Lastochka" in the amount of 100 packs;
D 90-2 K 68.VAT - 3,813.56 rubles. - the amount of VAT calculated to be paid to the budget is reflected;
D 62 K 90-1 - 20,000 rubles. (45,000 rubles - 25,000 rubles) - the amount of proceeds from the sale of writing paper has been increased (an error has been fixed);
D 90-1 Credit VAT - 3,050.85 rubles. (6,864.41 rubles - 3,813.56 rubles) - additional VAT was charged to be paid to the budget.
It should be borne in mind that the accountant of LLC "Office Supplies" could have made corrections in another way, namely, by canceling the previous (incorrect) entries in full and reflecting the correct amounts:
D 62 K 90-1 - reversal 25,000 rubles. - the amount of proceeds from the sale of writing paper was reversed (error fixed);
D 62 K 90-1 - 45,000 rubles. - actual proceeds from the sale of writing paper are reflected (bug fixed);
D 90-2 K 68.VAT - reversal RUB 3,813.56 the amount of VAT calculated to be paid to the budget by invoice has been reversed;
D 90-2 K 68.VAT - 6 864.41 rubles. - the amount of VAT payable to the budget is reflected.
Example 2.
In January 2008, the accountant of LLC “Karandash” revealed that in December 2006 (!) The proceeds from the sale of goods in the amount of 118,000 rubles were not taken into account. (including VAT 18,000 rubles). At the same time, the cost of goods sold was included in the expenses of December 2006.
The invoice for this sale was issued in December 2006 but was not recorded in the sales ledger.
Let's assume that the amount of the VAT penalty is RUB 5,000. Interest and tax surcharges for 2006 are listed in January 2008.
Since the error refers to 2006, for which the financial statements have already been approved and submitted. Therefore, in accounting, the error is corrected by the records of the month in which it was discovered - January 2008.
January 2008
D 62 K 91.1 - reflected income (revenue) relating to previous periods - 118,000 rubles.
D 91.1 K 68. VAT - VAT charged on proceeds from the sale of goods - 18,000 rubles.
The error in the calculation of VAT is corrected by drawing up an additional sheet to the sales book for December 2006, drawing up an updated tax return for the same month. In this case, according to the declaration data, it is necessary to pay the amount of VAT, as well as penalties. And only after that should the revised declaration be submitted to the tax authorities.
Example 3.
Let's turn to the conditions of example 1 - How can the buyer - LLC “Lastochka” correct errors in VAT in accounting ?.
LLC "Lastochka" by filling out an additional sheet to the purchase book for September 2007. and reflecting in it the corrections on the invoice received from the supplier - "Office Goods" LLC, drew up an accounting statement dated December 12, 2007. It explained the reasons for the corrections made to the purchase ledger for the past tax period, and also indicated the correct VAT amounts that should be reflected in the accounting. Errors on VAT were made in the III quarter of 2007, and the financial statements for this reporting period have already been submitted. Therefore, correctional records in the accounting records of LLC "Lastochka" were reflected on December 12, 2007. (as of the date of making corrections to the purchase book and drawing up the accounting statement).
The following records were made in the accounting records of Lastochka LLC:
D 41 K 60 - 21 186.44 rubles. - reflects the cost of paper purchased from OOO Office Goods;
D 19 K 60 - 3,813.56 rubles. - reflected the amount of VAT presented by the supplier;
D 68 K 19 - 3,813.56 rubles. - accepted for deduction the amount of VAT charged on writing paper;
D 41 K 60 - 16 949 rubles. (45,000 - 25,000 rubles - 6,864.41 rubles) - the cost of the paper purchased from the supplier has been increased (the basis is amended from 25.09.2007);
D 19 K 60 - 3 051 rubles. (6,864.41 rubles - 3,813.56 rubles) - the amount of VAT on paper has been increased (the basis is a revised invoice);
D 68 K 19 - 3 051 rubles. - an additional amount of VAT is accepted for deduction.
Similar to the situation described in the first example, correction entries could be made using the "reversal" method.
After leaving maternity leave (Q4 2012 - Q1 2015) I found out that the acting the chief accountant, when calculating VAT, did not charge VAT on advances and, accordingly, did not deduct when the goods were shipped. In my case, what is the correct way to do it? Accrue all advances from buyers' payments for all previous quarters and make deductions and submit revisions for the 4th quarter of 2012 -1 quarter of 2015? Or submit revisions in September 2015 only for 3, 4 square meters. 2014 and 1 quarter. 2015, since I have the right to deduct under the new rules for only 1 year. Or is 1 year only for deductions on invoices from suppliers? If you ONLY submit the corrections for 3, 4 sq. 2014 and 1 quarter. 2015, it turns out, I have to write off all "stuck" VAT from advances from account 76AB? Help me understand how the tax office will look at this situation and what to do to minimize tax risks company?
Answer
In our opinion, the organization should, in order to avoid a gross violation of accounting rules, charge VAT on the prepayment, issue invoices and submit revised declarations, starting from the 4th quarter of 2012 and ending with the 1st quarter of 2015.
The need to issue an invoice upon receipt of an advance is contained in paragraph 3 of Article 168 of the Tax Code of the Russian Federation. According to the tax authorities, the organization must determine the tax base for VAT twice: at the time of prepayment and at the date of shipment (clause 14 of article 167 of the Tax Code of the Russian Federation, letter of the Federal Tax Service of Russia No. KE-4-3 / 3790 dated 10.03.11). The fine for gross violation of accounting rules for the 1st quarter is 10,000 rubles, and for several quarters, then by 30,000 rubles (Article 120 of the Tax Code of the Russian Federation).
The need to issue invoices in advance for this period is still due to the period for conducting on-site inspection - 3 years (clause 4 of article 89 of the Tax Code of the Russian Federation). If the inspectorate discovers an understatement of the tax base for VAT on advances, then additional taxation cannot be avoided. But inspectors may refuse to deduct if there are no prepayment invoices (subparagraphs 1-4, paragraph 1 of article 146, paragraph 4 of article 166, paragraphs 1, 2 of article 171 of the Tax Code of the Russian Federation).
It is necessary to calculate the "advance" VAT and declare it for refund in the tax period when the corresponding business transaction, that is, on the date of receipt of money from buyers, sale or return of the prepayment. You cannot transfer VAT deduction from advances to later quarters. This is the opinion of the Ministry of Finance of Russia (letters dated 21.07.15 No. 03-07-11 / 41908, dated 09.04.15 No. 03-07-11 / 20290).
When submitting specified tax returns the organization should pay attention to the fact that if they are simultaneously submitted both for payment and for reimbursement, there may be no arrears. If there is still an arrears, then it is safer for the organization to pay tax and penalties for periods of violation of the deadline for payment to the budget of the "advance" VAT received in the quarters of 2012-2015 under review. In accordance with clause 4 of Article 81 of the Tax Code of the Russian Federation, a company is released from liability for non-payment of tax if the missing tax amount has been paid before the submission of the “revised”.
If the organization decides to submit declarations only for 2014 and the 1st quarter of 2015, then the VAT remaining on account 76 "VAT from advances received" cannot be refunded (clause 8 of article 171, clause 6 of article 172 of the Tax Code of the Russian Federation, letter of the Ministry of Finance of Russia dated 07.12.12 No. 03-03-06 / 1/635).
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