Purpose of payment when returning an erroneously transferred amount. VAT when returning an erroneously transferred amount Notification to the bank about an erroneous receipt of funds

How to reflect in an organization's accounting the return of overcharged value added tax (VAT) by the tax authority?

Based on the results of the on-site tax audit, the organization was assessed additional VAT for payment to the budget in the amount of 460,000 rubles, for which a corresponding demand was made. The audit was carried out for the last calendar year after the approval of the annual financial statements. The additional charge was made due to the fact that the tax authority considered it unlawful to deduct the above amount of VAT due to existing shortcomings in the preparation of the invoice. In fulfillment of the tax authority’s request, the organization transferred the additional accrued amount to the budget and went to court. The court found the additional charge unlawful, since the shortcomings of the invoice, in the opinion of the court, do not prevent the deduction of VAT. The organization filed an application with the tax authority for a refund of the overcharged VAT. The funds were returned to the organization within the period established by the Tax Code of the Russian Federation. The organization uses the accrual method of tax accounting.

Procedure for refund of overcharged tax

In the situation under consideration, the tax authority assessed an excess amount of tax, reflecting this in the decision based on the results of the tax audit and the request. In this case, the tax is considered excessively collected, although the organization independently paid the additional accrued VAT, which is confirmed by judicial practice. For detailed information on the question of when a tax is excessively collected (including judicial practice), see the Practical Guide to Offsetting and Refunding Taxes (penalties, fines) and the Encyclopedia of Disputed Situations under Part One of the Tax Code of the Russian Federation.
The amount of excess tax collected is subject to refund to the taxpayer (clause 1 Art. 79 Tax Code of the Russian Federation) <1>.
Within one month from the day when the taxpayer became aware of the fact of excessive collection of tax from him, or from the date of entry into force of the court decision, the organization can submit to the tax authority an application for the return of the amount of excessively collected tax (clause 3 of Article 79 of the Tax Code of the Russian Federation)<2>. The decision to return the amount of excessively collected tax is made by the tax authority within 10 working days from the date of receipt of the specified application, not counting the day of receipt (clauses 2, 6, article 6.1, clause 2, article 79 of the Tax Code of the Russian Federation). The amount of excessively collected tax is subject to refund within one month from the date of receipt of the organization’s application (Clause 5 of Article 79 of the Tax Code of the Russian Federation)<2>, <3>.

Accounting

In the situation under consideration, based on the results of the tax audit, additional tax was assessed. In general, additional tax assessments based on the results of a tax audit are reflected as correction of errors in the manner established by the Accounting Regulations " Correcting errors in accounting and reporting"(PBU 22/2010), approved by Order of the Ministry of Finance of Russia dated June 28, 2010 N 63n. However, in the opinion of the organization, the VAT deduction was made justifiably (in this regard, the organization plans to go to court), the accounting entries to reflect this deduction were made correctly.
In our opinion, corrective accounting entries are made only if the organization agrees with the additional tax assessment. If she intends to appeal the decision of the tax authority, then this indicates that she has serious reasons for not recognizing an error in her own accounting. In our opinion, entries to correct the error in this case should be made on the date the court decision entered into legal force (if this decision is not in favor of the organization)<4>.
At the same time, we believe that based on the requirement of prudence established by clause 6 of the Accounting Regulations " Accounting policy of the organization"(PBU 1/2008), approved by Order of the Ministry of Finance of Russia dated October 6, 2008 N 106n, which implies a greater readiness to recognize expenses and liabilities in accounting than possible income and assets, on the date of entry into force of the tax authority’s decision on additional tax assessment, its the amount is included in the organization’s other expenses (clauses 11, 16 of the Accounting Regulations " Organization expenses"PBU 10/99, approved by Order of the Ministry of Finance of Russia dated 05/06/1999 N 33n).
On the date of entry into force of the judicial act in favor of the organization, other income in the amount of overcharged VAT is reflected in accounting (clauses 7, 10.2, 16 of the Accounting Regulations " Income of the organization"PBU 9/99, approved by Order of the Ministry of Finance of Russia dated May 6, 1999 N 32n). Accordingly, the accounting reflects the receivables of the tax authority for the return of amounts unlawfully collected from the organization, which is repaid on the date the organization receives funds.
Accounting records for the transactions in question are made in accordance with Instructions for using the Chart of Accounts financial and economic activities of organizations, approved by Order of the Ministry of Finance of Russia dated October 31, 2000 N 94n, and are shown below in the table of transactions.

Corporate income tax

The issue of including additional VAT accrued based on the results of the audit into expenses for profit tax purposes is controversial.
In general, the amounts of taxes accrued in the manner prescribed by law are included in other expenses associated with production and sales (clause 1, clause 1 Art. 264 Tax Code of the Russian Federation). An exception to this rule is taxes presented by the taxpayer to counterparties (clause 19 Art. 270 Tax Code of the Russian Federation).
In the situation under consideration, VAT was not charged to the counterparties (the additional charge is due to the fact that, in the opinion of the tax authority, the organization unlawfully deducted “input” VAT). Thus, based on the above, we can conclude that the amount of additional VAT can be taken into account as part of expenses on the date of the tax authority’s decision based on the results of the audit (clause 1, clause 7 Art. 272 Tax Code of the Russian Federation). Note: there is judicial practice that supports the conclusion that unreported VAT, additionally accrued based on the results of tax audits, can be taken into account as part of the organization’s expenses.
However, the procedure for attributing VAT to an organization’s expenses taken into account for profit tax purposes has been established Art. 170 Tax Code of the Russian Federation. From paragraph 1 of Art. 170 of the Tax Code of the Russian Federation it follows that an exhaustive list of such cases is given in paragraph 2 of Art. 170 Tax Code of the Russian Federation. In this situation, VAT cannot be included in the cost of purchased goods (work, services) and, accordingly, in the composition of expenses taken into account when taxing profits in accordance with the provisions of clause 2 of Art. 170 Tax Code of the Russian Federation. Indeed, in the case under consideration, VAT was accepted for deduction not as a result of its erroneous non-inclusion in the cost of goods (work, services) in accordance with the above norm. And such a basis for including the amount of VAT in the cost of goods (works, services) as an additional charge based on the results of an audit, clause 2 of Art. 170 of the Tax Code of the Russian Federation does not contain. For more information on this issue (including case law), see the Encyclopedia of Income Tax Disputes.
Thus, taking into account the contradictory judicial practice on the issue under consideration, in this consultation we proceed from the fact that in order to avoid tax risks, the organization does not take into account the specified amount when determining the tax base for income tax, neither in the period of entry into force of the tax authority’s decision on additional tax assessment, nor in the period in which the controversial deduction was made (the possibility of making changes to the calculation of the tax base for income tax is provided for in paragraph 1 Art. 54 Tax Code of the Russian Federation).
The amount of overcharged VAT returned by the tax authority by court decision is not included in the organization’s income, since with such a refund there is no increase in the economic benefits of the organization in the sense of clause 1 Art. 41 Tax Code of the Russian Federation(after all, this amount was not previously taken into account as expenses). A similar conclusion follows from Letter of the Ministry of Finance of Russia dated August 31, 2012 N 03-03-06/1/453.

Application of PBU 18/02

In the situation under consideration, the amount of additionally accrued tax in accounting is included in expenses and subsequently in income, but for profit tax purposes it is not taken into account either as expenses or as income. As a result, the organization’s accounting reflects permanent differences and the corresponding permanent tax liability (PNO) - on the date of recognition of the expense in accounting, and a permanent tax asset (PTA) - on the date of recognition of income in accounting (clauses 4, 7 Accounting Regulations" Accounting for corporate income tax calculations"PBU 18/02, approved by Order of the Ministry of Finance of Russia dated November 19, 2002 N 114n).
Analytical account symbols used in the posting table
To balance sheet account 68 “Calculations for taxes and fees”:
68-VAT "Calculations for VAT";
68-pr "Calculations for income tax."

<1>If an organization has arrears for other taxes of the corresponding type or debts for the corresponding penalties, as well as fines subject to collection in cases provided for by the Tax Code of the Russian Federation, the amount of the excessively collected tax is refunded only after the amount of the excessively collected tax is offset against the repayment of the arrears (debt) ( clause 1 Art. 79 Tax Code of the Russian Federation). In this consultation, we proceed from the fact that the organization does not have these arrears and the excessively collected tax is returned to it in full.
<2>The determination of the monthly period is made in accordance with paragraph 5 of Art. 6.1 Tax Code of the Russian Federation.
<3>On the amount of excessively collected tax, the tax authority accrues and pays interest from the day following the day of collection until the day of the actual return (clauses 3, 5 of Article 79 of the Tax Code of the Russian Federation). In this consultation, the calculation of the specified interest and its receipt are not considered.
<4>Otherwise, the organization will first have to correct the error discovered by the tax authority during the audit, and its consequences, as provided for in paragraph 4 of PBU 22/2010. Since the error was made in the previous reporting year, it is corrected depending on whether it is considered significant or not. If the error is recognized by the organization as insignificant, then it is corrected in accordance with clause 14 of PBU 22/2010 by making entries in the relevant accounting accounts in the month of the reporting year in which the error was identified. Profit or loss arising as a result of correcting this error is reflected as part of other income or expenses of the current reporting period. If the error is recognized by the organization as significant, then its correction is carried out in accordance with paragraphs. 1 clause 9 of PBU 22/2010 with entries in the relevant accounting accounts in the current reporting period. In this case, the corresponding account in the records is the account for retained earnings (uncovered loss).
In this case, when the court makes a decision in favor of the organization, the records to correct the error of the previous reporting year, in turn, are recognized as erroneous and are subject to correction in the manner established by paragraph 5 of PBU 22/2010: in the reporting period, the court decision entered into legal force, reversing entries in the relevant accounts.
In our opinion, this accounting procedure (recognition of an error, and then recognition as an error of operations to correct the error) does not comply with the requirement of rational accounting, enshrined in paragraph 6 of PBU 1/2008. Nevertheless, the stated procedure can be applied by organizations depending on specific circumstances, for example, when they are unsure of their own rightness, the presence of contradictory or, even more so, negative judicial practice, etc.

Purpose of payment “return of erroneously transferred funds”

When receiving funds sent by mistake from the buyer, the payee, when returning them, must use the construction “return of erroneously transferred funds” in the purpose of the payment.

Purpose of payment: return of excessively transferred funds

To return funds sent by mistake, the buyer must write a letter to the seller with the details of the incorrect payment and a request to return the erroneously transferred funds. The letter must also include bank details for refunding the erroneous payment.

Return of erroneously received funds

An organization or individual may learn about an erroneous receipt of funds to an account based on information from the bank (message, letter or account statement), as well as by receiving a message from the payer who made an error when sending funds.

When crediting erroneously transferred funds to your account, you must:

• notify the bank in writing of the error;
• return the money.

Notifying the bank about erroneous receipt of funds

A company that has received an erroneous payment must send a written message to the bank within 10 days of receiving the bank account statement showing the excess funds. The form of such a written message to the bank is not established by law, therefore banks establish such forms with their own internal documents. If the bank does not have an approved form, the organization draws up a message in free form.

Bank, depending on the terms of the bank account agreement:

• if it is possible to write off erroneously credited amounts from the company’s bank account without acceptance, writes off the erroneously credited funds without a separate order from the organization;
• If there is no such possibility under the agreement between the bank and the organization, the erroneously transferred funds are written off only upon receipt of the corresponding order.

Purpose of payment in case of erroneous transfer of the amount under the contract

If an erroneous transfer of funds was carried out under an agreement, then the funds are returned due to termination of the agreement. In this case, an agreement to terminate the contract is formed and, in accordance with this agreement, a refund is made. The purpose of payment indicates the number and date of the agreement to terminate the contract.

Purpose of payment when returning funds to the buyer: VAT wording

Money received by mistake from the buyer does not belong to the seller and is subject to mandatory return to the payer. When returning these funds, the payment purpose indicates “Return of erroneously received funds” and the VAT wording specified in the payment purpose of the erroneous payment order is used.

Accounting and tax accounting of cash return transactions

In accounting, when returning funds, a posting is used that mirrors the one with which the funds were accepted for accounting:

• Dt 51 K 62 - cash receipt;
• Dt 62 Kt 51 - refund.

In tax accounting:

• Simplified tax system: crediting funds is reflected in taxable income on the date of receipt of funds to the current account; upon return, taxable income is reversed by the date of return;
• BASIC: crediting and returning funds transferred by mistake is not reflected.

QUESTION ANSWER

There is no need to pay VAT on money transferred by mistake

Recently, a significant amount of money was mistakenly transferred to our organization's bank account. We returned it within three days. Tell me, should we include this amount in taxable income and should we pay VAT on the amount?

O.M. Mikheeva, accountant at Krona-R LLC (Odintsovo)

There is no need to charge VAT on the amount received. It should not be included in taxable income.

First, let's deal with VAT. Tax inspectors may assume that the money transferred by mistake is an advance from the buyer. And in accordance with paragraph 1 of Article 154 of the Tax Code of the Russian Federation, the VAT tax base includes funds received as an advance payment from buyers. However, if the receipt of money is not related to payments for goods, works or services, then there is no reason to pay VAT. The main thing in this situation is to prove that it was not an advance payment that was received into the current account.

To avoid any claims, we recommend asking the organization that transferred the money to you to issue a special letter to your address. It should say that the money was credited to the bank account by mistake and that your company is obliged to return it using such and such bank details. Based on this letter, you will debit money from your account.

The erroneously transferred amount should be taken into account on account 76 “Settlements with various debtors and creditors”. That is, you should not show the amount received as revenue, and therefore, should not pay income tax on it. After all, it is not your income.

In business practice, it sometimes happens that funds go to the wrong address or in larger quantities than intended. In both cases, the company or individual entrepreneur must make efforts to ensure that the erroneously transferred funds are returned.

Why do organizations transfer money to the wrong address?

There may be several reasons for this unpleasant situation:

• Firstly, there may be an error in the details of the counterparty. Such inaccuracies can creep into documents when they are received by fax, which is due to the specifics of this type of communication. An accountant may also make a mistake when typing a payment order. With electronic document management, such errors are very rare, since the data can be immediately imported into a payment order.
• Secondly, there may be a mistake by the banking institution. Such cases are very rare, but they do happen.
• Thirdly, money can be transferred again under an already executed agreement. Situations like this are not that rare. There are many reasons: from the inattention of the accountant to the deliberate issuance of a duplicate invoice by the counterparty.
• Finally, thirdly, there may be a deliberate distortion of the details so that the funds go to the address desired by the attackers. This scheme involves fraud.

What steps should I take to get a refund?

Returning erroneously transferred funds will require some effort from the organization that made the payment. Here is their sequence, which has been developed over the years:

1. You should first contact the bank that made the payment and try to cancel the transaction. This should be done by the chief accountant or a person who has the right to such communication with the banking institution.
2. If the first point cannot be fulfilled, then you need to call the organization or individual entrepreneur to whom the money was sent, warn that the transaction was carried out in error, and ask to return the funds without formalities.
3. If the other end of the line does not cooperate voluntarily, you should prepare a formal letter. In this appeal, you must clearly justify why the error occurred and convincingly ask for the money to be returned. As a sample letter for the return of erroneously transferred funds, you can use an appeal to the tax office for a refund or offset of overpaid taxes. It should be borne in mind that this letter can then be used in legal proceedings, so it is advisable to put the arguments under a legislative framework.
4. If a negative response is received to the letter or the appeal is completely ignored, you can begin preparing for arbitration.

Voluntary return

An organization that has received an erroneous payment may return it voluntarily and without complaint. However, even with such an operation, she faces tax risks. The fact is that the return of erroneously transferred funds with or without VAT differs significantly. For organizations on the main taxation system (with VAT), this operation must be carried out according to documents and seriously justified in order to remove suspicions from the tax service of skimping on non-cash money.

It is easier to return erroneously transferred funds under the simplified tax system, since here accounting uses the cash method, when tax is paid only on funds representing income.

However, in both cases, one call from the affected company to justify the return will not be enough. A letter must be submitted on paper or electronically. In the latter case, a digital signature is desirable.

Oral appeal can usually only be done in the event of a banking error. The facility operator will see where the inaccuracy has occurred and correct it. Which way is their business.

Who can judge the disputants?

If requests to return the funds have no effect, you can begin the forced return of the erroneously transferred funds. Currently, in the Russian Federation, commercial organizations and individual entrepreneurs can only be judged by an arbitration court. You should write a statement of claim to the court at the place of registration of the applicant.

The application is accompanied by a whole set of documents, both originals and copies. The main thing is that there should be payment orders confirming the error, and a letter requesting a refund.

The Civil Code in Article 1102 suggests the wording on how to formalize the return of erroneously transferred funds through filing a claim. The claim should allege “unjust enrichment” at the expense of another person. The reason for the error will not be of decisive importance for the judges.

Recipient's responsibility for non-refund

The recipient of the payment must remember: if the return of the erroneously transferred funds is made with a delay, then he will have to pay interest for the use of extraneous money. The period of such use will begin to count from the moment the recipient learned of the erroneous nature of the payment. If the exact moment cannot be determined, judges will take into account the time when the counterparty should have become aware of such a transaction.

A more difficult case occurs when they don’t want to return the money at all. The process of withdrawing funds can then become very protracted. The truth, however, is still on the side of the victim, and the recipient can get into serious trouble in the form of justified claims also for lost profits. If fraud is proven, this is a matter for law enforcement agencies.

What conclusions can be drawn from the mistakes made?

The return of erroneously transferred funds, as can be seen from the material above, is associated with many problems and measures to solve them. The following measures should be recommended:

• Carefully check the details of the counterparty, including using the services of the Federal Tax Service. If a payment order is filled out by an inexperienced accountant, the head of the department should also check the document.
• Try to accept details only by email to avoid inaccuracies in the reflection of data when transmitting documents by fax.
• Immediately enter all partner details into the database, even if the transactions were one-time in nature.
• Transfer money in stages within one transaction only after reconciling the calculations for the previous stage.

The tips are simple, but they will help you avoid these troubles.