How to write off accounts receivable from previous posting years. Step-by-step instructions for writing off accounts receivable. Features of working with shortages and thefts


BUKH.1S experts spoke about the procedure for writing off bad debts using reserves, as well as debts not covered by reserves.

Accounts receivable is the sum of all debts owed to the organization by other legal entities and individuals. Accordingly, the organization's debtors are its debtors. Accounts receivable can be considered reliable (for example, if it is secured by a pledge, surety, bank guarantee), doubtful and hopeless (uncollectible).

When counterparties' debts are considered bad

Bad receivables are an amount that an organization cannot collect from its counterparties due to certain reasons. For profit tax purposes, bad debts (debts that cannot be collected) are considered debts if at least one of the conditions listed in paragraph 2 of Article 266 of the Tax Code of the Russian Federation is met:

1. The established limitation period has expired. In general, this period is three years (clause 1 of Article 196 of the Civil Code of the Russian Federation). The limitation period begins to run from the moment when a person learned or should have learned about a violation of his right (Article 200 of the Civil Code of the Russian Federation). The limitation period is interrupted if the debtor commits actions indicating recognition of the debt (Article 203 of the Civil Code of the Russian Federation). After the break, the limitation period begins to run again, but it cannot exceed ten years (clause 2 of Article 196 of the Civil Code of the Russian Federation).

Thus, accounts receivable may not be recognized as uncollectible for a long time.

2. The debtor’s obligation is terminated due to the impossibility of its fulfillment on the basis of an act of a state body or the liquidation of an organization.

3. There is a resolution of the bailiff on the completion of enforcement proceedings, confirming the impossibility of collecting debts. In this case, the writ of execution must be returned to the claimant on the following grounds:

  • it is impossible to establish the location of the debtor, his property or to obtain information about the availability of funds and other valuables belonging to him;
  • the debtor does not have property that can be foreclosed on.

If there are several grounds for recognizing a receivable as bad (for example, the expiration of the statute of limitations and the liquidation of the debtor organization), then the debt is considered bad in the tax (reporting) period in which the first basis for recognizing the debt as bad took place (letter Ministry of Finance of Russia dated June 22, 2011 No. 03-03-06/1/373).

In the Regulations on accounting and reporting in the Russian Federation, approved. By order of the Ministry of Finance of Russia dated July 29, 1998 No. 34n (hereinafter referred to as the Regulations), only receivables with an expired statute of limitations are explicitly named as debts that are unrealistic for collection (clause 77 of the Regulations).

However, in practice, the criteria for recognizing debts as bad, which are named in paragraph 2 of Article 266 of the Tax Code of the Russian Federation, are also applied for accounting purposes.

The procedure for writing off bad debts...

...in accounting

Accounts receivable recognized as uncollectible (uncollectible) are written off for each obligation on the basis of inventory, written justification and order (instruction) of the head of the organization (clause 77 of the Regulations). If in the period preceding the reporting period, the amounts of such debts were not reserved in the manner prescribed by clause 70 of the Regulations, then they are attributed to the financial results of a commercial organization or to an increase in expenses of a non-profit organization (clause 77 of the Regulations, letter of the Ministry of Finance of Russia dated January 14, 2015 No. 07-01-06/188). note that according to the Regulations, since 2011, the formation of a reserve for doubtful debts is the responsibility of the organization.

It should be borne in mind that writing off a debt at a loss due to the insolvency of the debtor does not constitute cancellation of the debt. This debt must be reflected on the balance sheet for five years from the date of write-off in order to monitor the possibility of its collection in the event of a change in the debtor’s property status (paragraph 2 of clause 77 of the Regulations).

The amount of debt written off is recorded in off-balance sheet account 007 “Debt of insolvent debtors written off at a loss.” If the debtor makes payment on a previously written off debt, it should be reflected as part of the organization’s other income (clauses 4, 7 of PBU 9/99 “Organization’s Income”, approved by order of the Ministry of Finance of Russia dated May 6, 1999 No. 32n).

We remind you that in the balance sheet the balances of account 63 “Provisions for doubtful debts” are not shown, and the amount of receivables for which the reserve is formed is reflected minus the amount of the reserve. At the same time, retained earnings are reduced by the same amount (Chart of accounts for accounting of financial and economic activities of organizations and Instructions for its application, approved by order of the Ministry of Finance of Russia dated October 31, 2000 No. 94n, clause 35 of PBU 4/99 “Accounting statements of an organization”, approved by order of the Ministry of Finance of Russia dated July 6, 1999 No. 43n). In the statement of financial results, deductions to reserves for doubtful debts are reflected as part of other expenses (clause 11 of PBU 10/99 “Expenses of the organization,” approved by order of the Ministry of Finance of Russia dated May 6, 1999 No. 33n). Thus, writing off debts through the reserve does not affect the financial statements.

... in tax accounting

Amounts of receivables for which the statute of limitations has expired or the collection of which is impossible are considered uncollectible and are written off in full, including VAT (letter of the Ministry of Finance of Russia dated July 24, 2013 No. 03-03-06/1/29315, dated June 11, 2013 No. 03 -03-06/1/21726).

A taxpayer may create reserves for doubtful debts in the manner established by Article 266 of the Tax Code of the Russian Federation.

Please note that only the receivables of the counterparty associated with the sale of goods, performance of work, and provision of services can be recognized as doubtful debt for the purposes of forming reserves in tax accounting. Amounts of deductions to reserves for doubtful debts are included in non-operating expenses on the last day of the reporting (tax) period and, accordingly, reduce the tax base for this period (clause 7, clause 1, article 265 of the Tax Code of the Russian Federation, clause 3, article 266 of the Tax Code of the Russian Federation ).

If the taxpayer has decided to create a reserve for doubtful debts, then the write-off of bad debts is carried out at the expense of the amount of the created reserve (clause 4 of Article 266 of the Tax Code of the Russian Federation).

If such a reserve was not created, or the amounts of bad debts are not covered by the reserve, then they are included in non-operating expenses (clause 2, clause 2, article 265, clause 5, article 266 of the Tax Code of the Russian Federation).

At the same time, debts that are not related to the sale of goods (works, services) can also be recognized as bad debts, for example:

  • the amount of the advance payment transferred to the supplier against the upcoming delivery of goods (letter of the Ministry of Finance of Russia dated September 4, 2015 No. 03-03-06/2/51088);
  • the amount of debt under the loan agreement (letters of the Ministry of Finance of Russia dated July 16, 2015 No. 03-03-06/3/40956, dated April 24, 2015 No. 03-03-06/1/23763).

How should a taxpayer write off debts of this nature? The Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated June 17, 2014 No. 4580/14 sets out the position according to which a bad debt that arose not in connection with the sale of goods (works, services) cannot participate in the formation of a reserve for doubtful debts (clause 1 of Article 266 Tax Code of the Russian Federation), therefore cannot be written off from the reserve. Such debt can be taken into account as part of non-operating expenses when calculating the income tax base in accordance with subparagraph 2 of paragraph 2 of Article 265 of the Tax Code of the Russian Federation.

The date of recognition of non-operating expenses in tax accounting is established by paragraph 7 of Article 272 of the Tax Code of the Russian Federation. Bad debts for which the statute of limitations has expired are taken into account on the last day of the reporting period in which the statute of limitations expires (letter of the Ministry of Finance of Russia dated 02/06/2015 No. 03-03-06/1/4995, dated 01/28/2013 No. 03-03-06/1/38).

If the amounts of reserves accrued in accounting and tax accounting differ, then differences arise in the assessment of income and expenses recorded in account 91 “Other income and expenses” and, as a consequence, profits and losses recorded in account 99 “Profits and losses” . In accordance with the Accounting Regulations “Accounting for income tax calculations”, approved. by order of the Ministry of Finance of Russia dated November 19, 2002 No. 114n (hereinafter referred to as PBU 18/02), these differences are permanent. Permanent differences recorded in account 99 are taken into account when calculating income tax for the corresponding period: a permanent tax liability (PNO) or a permanent tax asset (PNA) is recognized.

In the income tax return (approved by order of the Federal Tax Service of Russia dated October 19, 2016 No. ММВ-7-3/572@), losses from writing off bad debts are reflected in Appendix No. 2 to Sheet 02:

  • on line 302 “amounts of bad debts, and if the taxpayer has decided to create a reserve for doubtful debts, amounts of bad debts not covered by the reserve funds”;
  • in the total amount for line 300 “Losses equated to non-operating expenses - total.”

Write-off of bad receivables in 1C:Accounting 8

Let's look at how “1C: Accounting 8” (rev. 3.0) reflects transactions to write off bad receivables.

Example 1

Inventory of calculations

To check the amounts of accounts receivable, as well as compare the reserves for doubtful debts accrued in accounting and tax accounting, we will use the report Subconto analysis(chapter Reports).

In the command panel of this report, you need to set the period for generating the report, and from the presented list of subconto types, select the value Treaties. In the settings panel (button Show settings) on the tab Indicators set the flags BU (accounting data) And NU (tax accounting data).

On the bookmark Selection You can set the selection for a specific agreement with the debtor.

The generated report allows you to analyze accounting and tax accounting data for the selected agreement at the time of expiration of the limitation period with details of the accounts (Fig. 1).


Rice. 1. Analysis of the subconto under the agreement with the debtor

Before performing an operation to write off a bad debt, it is necessary to draw up an inventory of settlements. The program uses a document for this purpose Inventory act of calculations, accessed via the hyperlink of the same name from the sections Sales And Purchases.

Fill based on accounting data Accounts receivable(Fig. 2) is filled in with the balances of accounts receivable as of the inventory date as follows:

Table 1

Field

Data

"Counterparty"

Names of debtors

"Settlement account"

Accounts for which accounts receivable are recorded

Accounts receivable amount

"Confirmed"

The amount for which there is documentary evidence. By default, all debt is considered confirmed

"Not confirmed"

An amount for which there is no documentary evidence. This field must be filled in manually

“Incl. the statute of limitations has expired"

The amount of overdue receivables for which the statute of limitations has expired. This field must be filled in manually


Rice. 2. Inventory report of settlements

Tabular part on the tab Accounts payable filled in the same way as filling out a bookmark Accounts receivable. Under the terms of Example 1, there are no accounts payable.

On the bookmark Settlement accounts displays a list of accounts for settlements with counterparties for which an inventory of settlements is performed.

By default, the following accounts are included in this list:

  • 60 “Settlements with suppliers and contractors”;
  • 62 “Settlements with buyers and customers”;
  • 66 “Settlements for short-term loans and borrowings”;
  • 67 “Settlements for long-term loans and borrowings”;
  • 76 “Settlements with various debtors and creditors”, including accounts 76.07 “Settlements for rent”, 76.27 “Settlements for rent (in foreign currency)” and 76.37 “Settlements for rent (in cu)”;
  • 58 “Financial investments”.

The user can manage the list of accounts by adding other accounts or disabling accounts suggested by the program.

On the bookmark Carrying out an inventory in the appropriate fields you should indicate the timing of the inventory, details of the basis document, as well as the reason for the inventory of calculations.

On the bookmark Inventory commission you need to fill out the list of committee members by selecting them from the directory Individuals.

The chairman of the commission is indicated using a flag in the field Chairman.

Document Inventory act of calculations does not generate transactions, but allows you to generate the following printed forms of documents (button Seal):

  • Order to conduct an inventory (INV-22);
  • Inventory report of settlements (INV-17).

Write-off of buyer's debt

Under the conditions of Example 1, the amount of accrued reserves in accounting and tax accounting differs.

In accounting, there is a bad debt in the amount of RUB 150,000.00. We will write it off completely from the reserve. In tax accounting, only 100,000.00 rubles will be written off from the reserve, and the remaining debt in the amount of 50,000.00 rubles, not covered by the reserve, will be included in non-operating expenses.

To write off a bad debt using reserves, you can use a standard program document Debt adjustment(Fig. 3). This document is available from the section Sales, and from the section Purchases.

Document header Debt adjustment must be filled in by selecting the following values ​​from the proposed lists:

table 2

The document is filled in automatically using the button Fill ->Fill in balances for mutual settlements based on accounting data. Tabular part on the tab Buyer's debt (accounts receivable) is filled in with the balances of mutual settlements as of the adjustment date as follows:

Table 3

Field

Data

"Settlement amount"

Total amount of debt (RUB 150,000.00)

The amount of debt write-off in accounting. By default, this amount corresponds to the total amount owed

"Amount NU"

The amount of debt write-off in tax accounting. By default, this amount also corresponds to the total amount owed. Since this document will write off the debt from the reserve, it is necessary to manually correct the amount in the “Amount NU” field (RUB 100,000.00)

"Account"

Account on which the debt arose (62.01)

On the bookmark Write-off account you need to indicate the account where the doubtful receivables will be allocated (63 “Provisions for doubtful debts”), as well as the details of the agreement with the counterparty and the settlement document on which the doubtful receivables were generated (see Fig. 3).


Rice. 3. Write-off of bad receivables using reserves

After posting the document, an accounting entry will be generated:

Debit 63 Credit 62.01 - for the amount of debt written off at the expense of the reserve created in accounting (RUB 150,000.00).

For tax accounting purposes for income tax, amounts are entered into special resources of the accounting register:

Amount NU Dt 63 and Amount NU Kt 62.01 - for the amount of debt written off at the expense of the reserve formed in tax accounting (RUB 100,000.00). Amount PR Dt 63 and Amount PR Kt 62.01 - for a constant difference, the value of which is RUB 50,000.00.

For income tax purposes, the remaining portion of the bad debt is written off as non-operating expenses using the document Operation(chapter Operations-> Accounting-> Manual entries). In the document form, to create a new transaction, click the button Add and enter the amounts into special resources of the accounting register (in this field Sum must remain empty):

Amount NU Dt 91.02 and Amount NU Kt 62.01 - for the amount of written off debt not covered by the reserve (RUB 50,000.00). Amount PR Dt 91.02 and Amount PR Kt 62.01 - for a negative constant difference (-50,000.00 rub.). When performing the routine operation Calculation of income tax for March, which is included in the Closing of the month processing, this permanent difference leads to the recognition of a permanent tax asset in the amount of RUB 10,000.00.

Please note that in order to correctly fill out the income tax return, it is important to correctly select the item of other income and expenses - Write-off of receivables (payables). Then, when automatically filling out the income tax return for the first quarter of 2017, losses from writing off bad debts in the amount of RUB 50,000.00. will be reflected on line 302 of Appendix No. 2 to Sheet 02, as well as in the total amount on line 300 of Appendix No. 2 to Sheet 02.

To make sure that bad debts are written off in accounting and tax accounting, you can generate a balance sheet for account 62 for March 2017, having previously made the appropriate settings on the Indicators tab. The balance sheet generated under account 63 for March 2017 will show the absence of reserves for doubtful debts.

To account for written-off debt in order to monitor the possibility of its collection (in accordance with paragraph 2 of clause 77 of the Regulations), we will also use the document Operation.

In the document form, to create a new transaction, you need to click the button Add and enter an entry for the amount of RUB 150,000.00. on the debit of off-balance sheet account 007 indicating the corresponding analytics (sub-account Counterparties And Treaties).

Repayment of written-off debt

Let's add the condition of Example 1 and see how the 1C: Accounting 8 program, edition 3.0, reflects the repayment by the buyer of a debt that was legally written off earlier as bad.

Example 2

To register the repayment of debt by the buyer, you need to create a document Receipt to the current account with type of operation Payment from the buyer. It is convenient to create a document based on a document Sales (deed, invoice), then the basic details will be filled in automatically. Since the debt has already been written off in the accounting system, the funds received from the buyer are automatically determined as an advance payment. After posting the document, an accounting entry will be generated:

Debit 51 Credit 62.02 - for the amount of funds received from the buyer (RUB 150,000.00).

For tax accounting purposes for income tax, the amount is recorded in the resource Amount NU Kt 62.02.

The amount of repaid debt must be included in the organization’s other income, and also written off from off-balance sheet account 007. These transactions can be reflected in one document Operation(see Fig. 4).


Rice. 4. Including repaid debt in income

Accounts receivable can be terminated by fulfillment of the obligation or sold, and also written off as unrecoverable after the expiration of the limitation period or due to the impossibility of fulfilling the obligation.

The statute of limitations for writing off overdue receivables is established by the Civil Code and is three years (Article 196 of the Tax Code of the Russian Federation). Its beginning is determined by the deadline for fulfilling obligations, which is indicated when concluding the contract (clause 2 of Article 200 of the Civil Code of the Russian Federation). If the date for fulfillment of obligations is not specified in the contract, it is necessary to proceed from a reasonable period, after which the debtor is given seven days to fulfill the demand presented by the creditor (Article 314 of the Civil Code of the Russian Federation).

Prepare your documents.

In order to write off receivables, the taxpayer must document the existence of an outstanding debt: the legal basis, the amount of the debt and the date of its occurrence. Since the right to reduce the tax base arises at the end of a specified period of time, an important point is the correct determination of the starting date of this period. Therefore, in order to recognize a debt as bad due to the expiration of the statute of limitations, it is necessary to have documents that allow you to establish the date of occurrence of the receivables. In most cases, such documents are:

Agreement with the buyer or other debtor;

Invoice for shipment of goods, acceptance certificate for work performed, services rendered;

As well as other documents, in particular payment documents for the transfer of an advance to a supplier who has not fulfilled its obligations, a debt reconciliation act.

To confirm that the debt has not been repaid at the time of writing off, you need to have inventory reports of receivables at the end of the reporting (tax) period, and based on the results of the inventory, the manager issues an order to write off the receivables as a bad debt. This procedure is established by clause 77 of the Regulations on accounting and financial reporting in the Russian Federation, approved. Order of the Ministry of Finance of Russia dated July 29, 1998 N 34n and Letters of the Federal Tax Service of Russia for Moscow dated December 13, 2006 N 20-12/109630, dated June 27, 2008 No. 20-12/060959 confirms this procedure.

An inventory of settlements is carried out with suppliers and buyers, with the budget and extra-budgetary funds, employees and other debtors and creditors and verifies the validity of the amounts listed in the accounting records.

The main purpose of the inventory is to confirm the accuracy of the accounting of debts and obligations, to establish the timing of their occurrence and repayment.

The time for conducting the inventory is determined by the manager by his order, as well as the composition of the inventory commission. It is possible to conduct an inventory within the time limits specified in the organization’s accounting policies. Accounting rules oblige every organization to conduct an inventory on January 1. The inventory results must be formalized in an act using the unified form N INV-17 “Inventory act of settlements with buyers, suppliers and other debtors and creditors”, approved by Resolution of the State Statistics Committee of Russia dated September 18, 1998 No. 88 “On approval of unified forms of primary accounting documentation for accounting of cash transactions , for recording inventory results."

The organization must keep supporting documents for all business transactions, including accounts receivable, for at least five years, as required by paragraph 1 of Art. 17 of the Law on Accounting No. 129-FZ of November 21, 1996. The period established by tax legislation for storing documents necessary for the calculation and payment of tax is four years (clause 8, clause 1, article 23 of the Tax Code of the Russian Federation). Please note that storage of primary documents is a responsibility, not a right of the organization. Therefore, an organization that has not retained the primary accounting documents for accounts receivable with an expired statute of limitations is called into question the grounds for writing it off as a reduction in taxable profit as part of non-operating expenses (clause 2, clause 2, Article 265) and the possibility of writing it off to the financial result organizations. The storage period for documents confirming the inclusion of a particular amount in accounts receivable should be calculated from the moment it is written off. This conclusion was made in the Resolution of the Federal Antimonopoly Service NWO dated 05.12.2005 N A56-3215/2005. This point of view is based primarily on the storage period of primary documents necessary for the calculation and payment of taxes. Indeed, in order to write off receivables after the statute of limitations has expired, the organization needs to confirm its occurrence. In addition, the debt inventory act and the manager’s order to write off the bad debt must also be kept from the date of the transaction, that is, from the moment it was written off.

When to recognize receivables.

The Ministry of Finance expressed its opinion on the date of recognition of these expenses for profit tax purposes in Letter No. 03-03-04/1/475 dated January 11, 2006. In this case, you must be guided by paragraphs. 3 paragraph 7 art. 272 of the Tax Code of the Russian Federation, based on which, the date of attribution of the amount of loss from a bad debt to will be the date of expiration of the limitation period.

We repeat that about The general limitation period is three years(Article 196 of the Civil Code of the Russian Federation). The course of this period begins from the day when the person learned or should have learned about the violation of his right (Clause 1 of Article 200 of the Civil Code of the Russian Federation). The period, calculated in years, expires in the corresponding month and day of the last year of the term (clause 1 of Article 192 of the Civil Code of the Russian Federation).

Please note that the limitation period may be suspended or interrupted. Then a special procedure for its calculation is applied (Articles 202 - 204 of the Civil Code of the Russian Federation, Letter of the Ministry of Finance of Russia dated September 21, 2007 N 03-03-06/2/184).

So, based on the provisions of Article 203 of the Civil Code of the Russian Federation running of the limitation period, in particular, interrupted by the obligated person performing actions indicating recognition of the debt. After the break, the limitation period begins again; the time elapsed before the break does not count towards the new term. Therefore, the statute of limitations for recognizing a debt as uncollectible if a reconciliation with the debtor was carried out or there was a written acknowledgment of the debt should be counted from the date of signing the act of reconciliation with debtors or from the date by which the debtor promised to repay the debt in writing (a similar position was expressed in the Letter Federal Tax Service of Moscow dated August 2, 2006 No. 20-12/68343). I would like to draw your attention to the fact that an action indicating the recognition of a debt can be the payment of interest on the principal debt or partial payment of the debt. Then the period will run from the moment of this payment.

We consider it necessary to note that when conducting an audit, the tax authority may require the taxpayer to confirm actions to collect (claim) the debt. The tax authorities' claims regarding expired debts written off as expenses are conditioned as follows: if the organization had filed a claim in court, the debt would not have become hopeless, so the expenses arose precisely because of the company's inaction. This means that they are economically unjustified and cannot be taken into account in expenses (clause 1 of Article 252 of the Tax Code of the Russian Federation). According to tax authorities, documentary evidence of actions to collect (claim) a debt can be either letters from an organization sent to the debtor demanding repayment of the debt amount, or materials related to the creditor’s appeal to the court.

Please note that the requirements of the tax authorities are not based on the norms of tax legislation. It does not follow from the above rules that the legislation makes the write-off of receivables as non-operating expenses dependent on the presence of any actions to collect the debt on the part of the creditor organization. For example, a creditor's appeal to court, as recommended by tax department experts, will lead to an interruption of the statute of limitations, which means the beginning of a new statute of limitations.

Judicial practice confirms the unfoundedness of the tax authorities’ position, since the courts make decisions in favor of taxpayers. The arbitrators confirm the right of the taxpayer to write off a bad debt, regardless of the fact of collection of the debt from the debtor (Resolutions of the Federal Antimonopoly Service of the North Caucasus District dated 02.28.2007 N F08-731/2007-288A, Northwestern District dated 02.26.2007 N A56-60454/2005B, Resolutions FAS VSO dated 01/25/2006 N A19-18204/05-20-Ф02-7115/05-С1), as well as regardless of filing the relevant demands in the arbitration court (Resolutions of the FAS North-Western District dated 02/19/2007 N A56-35936 /2005, dated November 28, 2005 N A66-1584/2005, Federal Antimonopoly Service of the Moscow District dated August 7, 2007 No. KA-A40/5187-07).

Moreover, the Ministry of Finance in Letter dated September 30, 2005 N 03-03-04/2/68 recognized that the fact that the statute of limitations had expired is sufficient to recognize the debt as bad and write it off as a loss, equated to non-operating expenses for profit tax purposes. In this case, no other measures are required to recognize receivables as bad.

Thus, upon expiration of the limitation period, in the presence of documents on the formation of debt, as well as written justification and order of the manager, the tax base can be reduced by the amount of the debt when calculating income tax.

If the documents have not been preserved.

In case of loss of documents confirming the occurrence of a debt, we recommend assessing the possibility of having contracts, invoices, payment documents, reconciliation statements and any correspondence with the counterparty regarding this debt in related departments or separate divisions.

The impossibility of debt collection can be confirmed by extracts from the Unified Register of Legal Entities, if the debtor is excluded from it.

But if primary documents confirming the occurrence of receivables (agreements, acts, invoices, payment documents) have not been preserved, then defending the costs of writing off such debt seems to be a very difficult and dubious task.

Tax authorities and courts are unanimous on this issue. The Federal Tax Service for Moscow, in Letter dated December 19, 2007 No. 20-12/121646, explaining the situation regarding accounting for expenses when primary documents are missing, concludes:

« An organization cannot take into account the amount of losses as part of non-operating expenses when forming the tax base for calculating income tax. according to undocumented bad debts with an expired statute of limitations."

FAS West Siberian District dated August 28, 2007 in Resolution No. F04-5734/2007 (37452-A03-15) in case No. A03-16023/2006-21 “ indicated that it is impossible to attribute written off receivables to non-operating expenses, since only payment documents, in the absence of relevant agreements, are not grounds for recognizing such a debt as an expense.”.

In the Ninth Arbitration Court of Appeal (Resolution dated May 29, 2008 No. 09AP-4637/2008-AK in case No. A40-67028/07-127-395), the taxpayer wanted to defend the costs of writing off accounts receivable, proving its existence with internal documents of the organization, since primary documents confirming this debt have not survived. However, the court also supported the tax authority in this case, justifying its position with the following conclusions:

« Having analyzed the submitted documents, the appellate court cannot agree with the Applicant’s position that the evidence presented by him is sufficient to confirm the legality of writing off the disputed amount for non-operating expenses, and the Applicant did not have the obligation to store documents of a number of named debtor organizations at the time of the tax audit.

Taking into account the specifics of accounts receivable, it should be concluded that the primary documents justifying the inclusion of a particular amount in accounts receivable are the primary accounting documents for the operation of writing off accounts receivable, and, therefore, the storage period of these documents should be calculated from the moment of write-off accounts receivable.

Under such conditions, in violation of paragraph 1 of Art. 252 Tax Code of the Russian Federation, Part 1, Art. 65 of the Arbitration Procedure Code of the Russian Federation, the Applicant did not document either the amount or the date of formation of the receivables for the specified organizations, therefore, did not prove the validity of the stated requirements to invalidate the decision of the Tax Authority in full.

Thus, the Tax Authority rightfully excluded the amount of RUB 5,790,131.06 from non-operating expenses in the contested decision. as not supported by documents in violation of paragraph 1 of Art. 252 of the Tax Code of the Russian Federation.

The presented settlement cards and orders of the executive body are internal documents of the taxpayer and cannot objectively reflect the fact that there is an obligation between the Applicant and the debtor organization, violations committed by the Applicant’s counterparties during the execution of contracts: short delivery of products, delivery of low-quality products, etc., which would indicate the date and the grounds on which the counterparty’s debt arose.”

Reflection in accounting.

In accounting, in accordance with clause 77 of the Accounting Regulations, for which the statute of limitations has expired, and other unrealistic debts can be written off using one of the following methods:

On the financial results of the organization’s activities (if debt amounts were not reserved);

Due to the reserve for doubtful debts.

Please note: recognizing debts as a loss does not entail cancellation of the debt. This debt must be accounted for in the off-balance sheet account “Debt of insolvent debtors written off at a loss” for 5 years. According to the Chart of Accounts approved by Order of the Ministry of Finance of Russia dated October 31, 2000 No. 94n “On approval of the Chart of Accounts for accounting financial and economic activities and Instructions for its application,” analytical accounting on an off-balance sheet account is maintained for each debtor whose debt is written off at a loss, as well as for each debt written off at a loss.

If, after writing off the receivables, the buyer repays them, the funds received will be non-operating income. In this case, the amount of the repaid debt is written off from the off-balance sheet account (Credit - for the amount of the debt). An entry on the account credit is also made if the five-year monitoring period for the specified debt has expired and the possibility of collecting it has been completely exhausted.

The write-off of unrealistic debt for collection, for which a reserve was previously created, is reflected in accordance with the Chart of Accounts by the debit of account 63 “Provisions for doubtful debts” in correspondence with the corresponding accounts for settlements with debtors 62 “Settlements with buyers and customers”, 76 “Settlements with various debtors and creditors."

For example. The organization, by order of the manager, carried out an inventory, on the basis of which it created. In December 2009, the statute of limitations for the debt owed to the buyer in the amount of 472,000 rubles expired. (including VAT). The debt is written off against the created reserve.

Contents of operations Debit Credit Sum,
rub.
Primary
document
Accounting records Creation of a reserve for doubtful debts based on inventory results
The amount of the created reserve is reflected
91-2

63

472 000
Manager's order, inventory act, accounting certificate.
Accounting entries for December 2009

Accounts receivable written off
expired debt
statute of limitations

472 000

Act
inventory
calculations,
Order
head
organizations
Reflected on off-balance sheet
account amount written off
accounts receivable

Accounting
reference

If the debt amounts were not reserved, then the organization, according to the Chart of Accounts, writes off the receivables from the settlement account 62 "Settlements with buyers and customers", 76 "Settlements with various debtors and creditors" to the debit of the account "Other income and expenses", subaccount "Other expenses ". This rule is based on the norms of paragraph 11, 14.3 of PBU 10/99, according to which the amounts of receivables for which the statute of limitations has expired, as well as other unrealistic debts, are other expenses of the organization.

For example. In 2006, there was a supply of goods worth 472,000 rubles, including VAT. The buyer did not pay for the goods. The organization, according to its accounting policy, does not create a reserve for doubtful debts. According to the director's order, an inventory was taken, on the basis of which the debt of 2006, for which the statute of limitations had expired, was written off.

Contents of operations Debit Credit Sum,
rub.
Primary
document
Accounting entries for December 2006
Sales revenue recognized
goods/services

62

90-1

472 000
Commodity
invoice/certificate of services rendered
The amount of VAT is reflected,
presented to the buyer

90-3

76-5

72 000

Invoice
Accounting entries for December 2009

Accounts receivable written off
expired debt
statute of limitations

91-2

472 000

Act
inventory
calculations,
Order
head
organizations
Reflected on off-balance sheet
account amount written off
accounts receivable

Accounting
reference

In tax accounting, timely written off receivables, confirmed by documents, reduce the income tax base in accordance with paragraphs. 2 clause 2 of article 265 of the Tax Code of the Russian Federation. In this case, the taxpayer has the right to write off as expenses the amount of bad receivables in full, including value added tax (Letter of the Ministry of Finance of the Russian Federation dated October 21, 2008 No. 03-03-06/1/596). VAT amounts on such debt are not accepted for deduction.

Is it possible to write off a forgotten “receivable” later?

Untimely write-off of accounts receivable leads to distortion of financial statements. Such a violation, as well as violation of the procedure and terms for storing accounting documents, leads to the imposition of an administrative fine on officials in the amount of two to three thousand rubles (Article 15.11 of the Administrative Code). An organization may also be subject to tax liability under Article 120 of the Tax Code of the Russian Federation.

In case of recognition of receivables that are documented and arose 4-10 years ago, a decrease in the profit base of the current tax period may lead to claims from the tax authorities.

The fact is that an enterprise has the right to write off a debt after the expiration of the limitation period if it was not interrupted, but, in the opinion of the Ministry of Finance of the Russian Federation, expressed in Letter dated January 11, 2006 N 03-03-04/1/475, date of recognition of expenses for tax purposes, profits in the form of non-operating expenses from bad debt will be Date of Expiry statute of limitations.

In the event of liquidation of the debtor, the basis for recognizing the debt as hopeless will be the entry on its exclusion from the Unified State Register. The Federal Tax Service for Moscow in Letter dated May 19, 2005 No. 20-12/36141 explains that it is necessary to take into account the expenses of an organization as part of non-operating expenses when forming the tax base for calculating income tax for the reporting (tax) period in which the corresponding entry was made on the liquidation of the debtor in the State Register.

This position of the tax authorities is not controversial, but in some courts it is supported by arbitrators. Thus, the Moscow Arbitration Court, in its decision dated March 2, 2006 in case No. A40-138/06-14-1, agreed with the inspectorate that the timely identification and write-off of debt depends entirely on the taxpayer and his manager. Therefore, writing off the debt in a later period in the above case led to additional income tax and penalties. The court considered: " Expenses must be written off precisely in the period in which the taxpayer acquired the right to write off, and the order of the head of the enterprise to write off receivables must be issued by the head of the enterprise only in the period in which the taxpayer acquired the right to write off».

In the Ninth Arbitration Court of Appeal, another taxpayer was able to defend the attribution of expenses for writing off accounts receivable at a later date according to the existing procedure at the enterprise, which spells out the entire document flow for writing off debt and indicates the deadlines for the approval of internal documents (see Resolution dated November 29, 2007 No. 09AP-15342 /07-AK).« The taxpayer's allegations are substantiated that writing off receivables without complying with the specified Procedure could lead to the unreasonable recognition in tax accounting of undocumented amounts of receivables. Due to compliance with the debt write-off procedure provided for by the Procedure, accounts receivable were not included in non-operating expenses, and the tax base for income tax was not unreasonably underestimated. At the same time, the corresponding amounts of receivables were taken into account in tax accounting for 2002, no damage was caused to the budget».

In this case, the judges considered that “The current legislation on accounting, as well as tax legislation, does not provide for restrictions in accordance with which the taxpayer is obliged to write off receivables during the period of expiration of the limitation period or liquidation of the debtor. The Tax Code of the Russian Federation, the Regulations on maintaining accounting and financial statements in the Russian Federation do not define the period in which it is necessary to write off the debt, and also do not contain requirements for the deadline for submitting a written justification.

In this regard, determining the moment of debt write-off by the head of the organization does not contradict current legislation; failure by the taxpayer to include expenses in the tax base on the date of expiration of the limitation period (before the date of issuance of the order of the head of the enterprise to write off receivables) could lead either to an overstatement of the tax base and overpayment of income tax (if the financial result was positive at the end of the tax period) or to an overstatement of the loss (with a negative financial result). In this regard, based on the results of writing off bad debts as non-operating expenses as of the date of issuance of the order to write off receivables, there is no understatement of income tax

...... Based on the foregoing, the arbitration court of appeal considers it legitimate the conclusion of the trial court that the applicant included losses from writing off accounts receivable as losses from writing off bad debts as part of non-operating expenses when calculating income tax for 2002, and not when calculating income tax for previous tax periods, cannot be considered a violation of tax legislation andfees, the write-off is economically justified and documented.”

Thus, in a situation where documents confirming accounts receivable have not been preserved, and the debt itself has not been written off on time, reducing the income tax base leads to significant risks.

Many companies and organizations are faced with accounts receivable, part of the company's assets that can act as working capital. At the same time, accounts receivable can be:

  • Overdue. Such debt arises from missing the deadline for payment for goods or services supplied to another company or individual. It can be either dubious or hopeless.
  • Under doubtful accounts receivable understand debts that are not financially secured: there is no bank guarantee of payment or guarantee agreement. Such a debt, after the expiration of the limitation period, usually 3 years, develops into a bad debt, which is impossible to collect from the counterparty.
  • Normal accounts receivable are called debts for which the payment period has not yet arrived, but at the same time the property was transferred to a third party under a paid advance delivery.

Which receivables are subject to write-off?

Debts to a company always create an unpleasant financial situation: the company not only did not receive the amounts due to it, but is also obliged to include them in net profit and pay taxes based on the current financial situation. This situation distorts the current state of affairs of the enterprise, and the company tries to write off debts. But this can only be done when all attempts to legally collect debts have failed.

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To write off a receivable, you need to find out the reasons for its occurrence and classify it as one or another group of bad debts:

  • Based on the Tax Code of the Russian Federation, receivables are classified as unrealized expenses if repayment for one reason or another is not feasible. These are, for example, debts for which the statute of limitations has passed, and it is not possible to collect the debt even in court due to liquidation or bankruptcy proceedings. Such debts are written off using the reserve funds of an enterprise created specifically for this purpose. Even after the debt is written off, it remains on the balance sheet for another 5 years, since the debtor’s solvency may also be revealed.
  • Overdue receivables can be classified as expense transactions only after the judicial authorities refuse to repay the debt, again, for various reasons. But the period of claim proceedings can be extended if the counterparty admits its claims publicly, in which case the report is again extended for 3 years.
  • If there is no possibility of actually collecting debts, since the costs of legal proceedings may exceed the amount of the debts themselves, then these debts can be written off by order of management. Or by executive order, when the bailiff writes an explanation about the debtor’s insolvency.
  • If the debtor company is liquidated.

Preparing for debt write-off

Write-off of receivables occurs both in accounting and tax accounting according to previously prepared documents explaining the origin of the debt, its size and period of occurrence.

Such documents include:

  • Contracts for the supply of goods or provision of services.
  • Documents confirming the shipment of goods or an acceptance certificate for the performance of certain works or provision of services.
  • Payment or other documents confirming the fact of payment of the advance by the company that has not fulfilled its payment obligations, debt verification reports.

In order to have grounds for write-off, it is necessary to conduct an inventory of debts and draw up reports at the end of the reporting year. The management of the enterprise makes a decision based on the results of the inventory to write off debts as bad.

All financial transactions carried out by the enterprise are analyzed, and the exact amount of debt for each position is identified.

All prepared documentation is sent to an authorized organization, which makes a decision on writing off or collecting receivables.

Typical entries for writing off bad debts

Accountants of both large and small organizations are required to monitor the status of accounts receivable, and therefore enterprises create reserve funds for critical situations. Postings for writing off accounts receivable largely depend on the volume of the created reserve fund: whether there are enough own funds for reimbursement. Reserves can be created for each doubtful or bad debt, and their amount depends on the financial condition of the company. And if they are not used during the reporting period, then they are combined with the general financial results.

Typically, accountants draw up an inventory statement of the debt status at the end of the reporting period, in accordance with the accounting policies of the enterprise. The manager issues a write-off order, and the accounting staff makes typical entries if there is a reserve fund:

  • The write-off is carried out through account 62 (settlements with agents) to account 63 (at the expense of the created reserve). At the base of the posting, indicate the number of the contract with customers for the supply of goods or provision of services.
  • The same amount is reflected in balance sheet account 007 (by writing off losses on receivables). Pay attention to the reflection of this account, since any inspection organization is primarily interested in it.

If the reserve fund has not been created, then the following entries are made:

  • The debt is entered into account 91.2 (other expenses item).

If the debtor company decides to pay its debt, then the following entry is made:

  • In account 51 (displays the current account), line 91.1 records the amount received from the debtor; the bank account from which the proceeds came is indicated as the basis.
  • At the same time, the same amount is displayed on account 007.

In case of audits of the company, the accountant must have supporting documents in case of insolvency of the debtor. All documents are stored in a separate folder.

Write-off of doubtful accounts receivable: postings

All transactions related to doubtful accounts receivable are written off against the created reserve. In this case, the following transactions are made:

D 63: K 62 - this is how doubtful debts are written off using reserved funds. If during the reporting period the amount of doubtful debts exceeds the amount of the reserve, then the difference is displayed in the item of other expenses:

D91.2: K62 – display of written off debt without using reserved amounts. But the write-off of this debt is not canceled, and over the next 5 years the amount is displayed in the balance sheet of account 007.

Write-off of unclaimed receivables posting

Unclaimed receivables can arise for 2 reasons:

  • In case of liquidation of the enterprise.
  • When the statute of limitations on claims has expired.

In order to be able to write off unclaimed debt, it is necessary to prepare a number of supporting documents:

  • An inventory report drawn up by an accountant on the analysis of the obligations assigned to the counterparty.
  • An accountant's certificate on calculating the deadline for filing claims based on concluded contracts.
  • An explanatory note indicating the reason for the debt.
  • Initial documentation.
  • Unaccounted composition of funds.

The prepared documents are reviewed by the head of the enterprise, and on their basis an order for write-off is issued.

Write-off of accounts receivable and tax accounting

Postings for writing off debts are displayed in tax reports, but for this action the reasons for writing off must be given:

  • The end of the period for collection is a three-year continuous period.
  • Decisions of judicial or executive bodies regarding the lack of funds to repay debts.
  • If the liquidated organization is in debt.

When creating a reserve fund, debts are credited to the fund, and the tax base is not paid. Based on the results of the reporting period, a calculation is made, and if the debts exceed the reserved funds, then income tax is paid on the difference.

If the reserve fund has not been created, then the recalculation is carried out monthly, and transfer of tax payments to another reporting period is prohibited.

Write-offs are carried out in the following order: From the debit sub-account 76 (deferred VAT payments) and credit account 68 (VAT payments), a record is made at the base of the posting about the data of the inspection report.

Write-off of accounts receivable by court decision: postings

A court decision to write off receivables is made on the basis of the end of bankruptcy proceedings against a bankrupt company, and a decision to exclude it from the unified register of legal entities.

Write-offs are made using the following entries:

Debit 91.02 – credit 60.

At the end of the reporting period:

Debit 99 – credit 60.

At the end of the year:

Debit 94 – credit 99.

Thus, the asset will be reduced, but the debt will be transferred to the passive part.

Write-off of accounts receivable: simplified taxation system transactions

If an enterprise operates under a simplified taxation system, then all financial transactions are reflected in the cash book, and sometimes accountants do not process debts, which is a violation.

Write-offs are made using the same transactions as for general taxation.

Accounting for VAT when writing off a buyer's irrecoverable debt

Tax accounting involves the inclusion of expenses and receivables, and the entire amount is subject to taxation.

The clarifications of the Ministry of Finance of the Russian Federation indicate that in order to determine the tax base for profits received, when reserve funds have not been created, taxpayers have the right to write off receivables to an expense account with VAT.

The Supreme Arbitration Court shares the same opinion; they explain that the Tax Code does not contain legal grounds for the formation of a tax base without taking into account value added tax, but, on the contrary, only taking into account VAT.

Write-off of accounts receivable

Accounts receivable can be terminated by fulfillment of the obligation or sold, and also written off as unrecoverable after the expiration of the limitation period or due to the impossibility of fulfilling the obligation.

The statute of limitations for writing off overdue receivables is established by the Civil Code and is three years (Article 196 of the Tax Code of the Russian Federation). Its beginning is determined by the deadline for fulfilling obligations, which is indicated when concluding the contract (clause 2 of Article 200 of the Civil Code of the Russian Federation). If the date for fulfillment of obligations is not specified in the contract, it is necessary to proceed from a reasonable period, after which the debtor is given seven days to fulfill the demand presented by the creditor (Article 314 of the Civil Code of the Russian Federation).

Prepare your documents.

In order to write off receivables, the taxpayer must document the existence of an outstanding debt: the legal basis, the amount of the debt and the date of its occurrence. Since the right to reduce the tax base arises at the end of a specified period of time, an important point is the correct determination of the starting date of this period. Therefore, in order to recognize a debt as bad due to the expiration of the statute of limitations, it is necessary to have documents that allow you to establish the date of occurrence of the receivables. In most cases, such documents are:

Agreement with the buyer or other debtor;

Invoice for shipment of goods, acceptance certificate for work performed, services rendered;

As well as other documents, in particular payment documents for the transfer of an advance to a supplier who has not fulfilled its obligations, a debt reconciliation act.

To confirm that the debt has not been repaid at the time of writing off, you need to have inventory reports of receivables at the end of the reporting (tax) period, and based on the results of the inventory, the manager issues an order to write off the receivables as a bad debt. This procedure is established by clause 77 of the Regulations on accounting and financial reporting in the Russian Federation, approved. Order of the Ministry of Finance of Russia dated July 29, 1998 N 34n and Letters of the Federal Tax Service of Russia for Moscow dated December 13, 2006 N 20-12/109630, dated June 27, 2008 No. 20-12/060959 confirms this procedure.

An inventory of settlements is carried out with suppliers and buyers, with the budget and extra-budgetary funds, employees and other debtors and creditors and verifies the validity of the amounts listed in the accounting records.

The main purpose of the inventory is to confirm the accuracy of the accounting of debts and obligations, to establish the timing of their occurrence and repayment.

The time for conducting the inventory is determined by the manager by his order, as well as the composition of the inventory commission. It is possible to conduct an inventory within the time limits specified in the organization’s accounting policies. Accounting rules oblige every organization to conduct an inventory on January 1. The inventory results must be formalized in an act using the unified form N INV-17 “Inventory act of settlements with buyers, suppliers and other debtors and creditors”, approved by Resolution of the State Statistics Committee of Russia dated September 18, 1998 No. 88 “On approval of unified forms of primary accounting documentation for accounting of cash transactions , for recording inventory results."

The organization must keep supporting documents for all business transactions, including accounts receivable, for at least five years, as required by paragraph 1 of Art. 17 of the Law on Accounting No. 129-FZ of November 21, 1996. The period established by tax legislation for storing documents necessary for the calculation and payment of tax is four years (clause 8, clause 1, article 23 of the Tax Code of the Russian Federation). Please note that storage of primary documents is a responsibility, not a right of the organization. Therefore, an organization that has not retained the primary accounting documents for accounts receivable with an expired statute of limitations is called into question the grounds for writing it off as a reduction in taxable profit as part of non-operating expenses (clause 2, clause 2, Article 265) and the possibility of writing it off to the financial result organizations. The storage period for documents confirming the inclusion of a particular amount in accounts receivable should be calculated from the moment it is written off. This conclusion was made in the Resolution of the Federal Antimonopoly Service NWO dated 05.12.2005 N A56-3215/2005. This point of view is based primarily on the storage period of primary documents necessary for the calculation and payment of taxes. Indeed, in order to write off receivables after the statute of limitations has expired, the organization needs to confirm its occurrence. In addition, the debt inventory act and the manager’s order to write off the bad debt must also be kept from the date of the transaction, that is, from the moment it was written off.

When to recognize receivables.

The Ministry of Finance expressed its opinion on the date of recognition of these expenses for profit tax purposes in Letter No. 03-03-04/1/475 dated January 11, 2006. In this case, you must be guided by paragraphs. 3 paragraph 7 art. 272 of the Tax Code of the Russian Federation, based on which, the date of attribution of the amount of loss from a bad debt to non-operating expenses will be the date of expiration of the limitation period.

We repeat that about The general limitation period is three years(Article 196 of the Civil Code of the Russian Federation). The course of this period begins from the day when the person learned or should have learned about the violation of his right (Clause 1 of Article 200 of the Civil Code of the Russian Federation). The period, calculated in years, expires in the corresponding month and day of the last year of the term (clause 1 of Article 192 of the Civil Code of the Russian Federation).

Please note that the limitation period may be suspended or interrupted. Then a special procedure for its calculation is applied (Articles 202 - 204 of the Civil Code of the Russian Federation, Letter of the Ministry of Finance of Russia dated September 21, 2007 N 03-03-06/2/184).

So, based on the provisions of Article 203 of the Civil Code of the Russian Federation running of the limitation period, in particular, interrupted by the obligated person performing actions indicating recognition of the debt. After the break, the limitation period begins again; the time elapsed before the break does not count towards the new deadline. Therefore, the statute of limitations for recognizing a debt as uncollectible if a reconciliation with the debtor was carried out or there was a written acknowledgment of the debt should be counted from the date of signing the act of reconciliation with debtors or from the date by which the debtor promised to repay the debt in writing (a similar position was expressed in the Letter Federal Tax Service of Moscow dated August 2, 2006 No. 20-12/68343). I would like to draw your attention to the fact that an action indicating the recognition of a debt can be the payment of interest on the principal debt or partial payment of the debt. Then the period will run from the moment of this payment.

We consider it necessary to note that when conducting an audit, the tax authority may require the taxpayer to confirm actions to collect (claim) the debt. The tax authorities' claims regarding expired debts written off as expenses are conditioned as follows: if the organization had filed a claim in court, the debt would not have become hopeless, so the expenses arose precisely because of the company's inaction. This means that they are economically unjustified and cannot be taken into account in expenses (clause 1 of Article 252 of the Tax Code of the Russian Federation). According to tax authorities, documentary evidence of actions to collect (claim) a debt can be either letters from an organization sent to the debtor demanding repayment of the debt amount, or materials related to the creditor’s appeal to the court.

Please note that the requirements of the tax authorities are not based on the norms of tax legislation. It does not follow from the above rules that the legislation makes the write-off of receivables as non-operating expenses dependent on the presence of any actions to collect the debt on the part of the creditor organization. For example, a creditor's appeal to court, as recommended by tax department experts, will lead to an interruption of the statute of limitations, which means the beginning of a new statute of limitations.

Judicial practice confirms the unfoundedness of the tax authorities’ position, since the courts make decisions in favor of taxpayers. The arbitrators confirm the right of the taxpayer to write off a bad debt, regardless of the fact of collection of the debt from the debtor (Resolutions of the Federal Antimonopoly Service of the North Caucasus District dated 02.28.2007 N F08-731/2007-288A, Northwestern District dated 02.26.2007 N A56-60454/2005B, Resolutions FAS VSO dated 01/25/2006 N A19-18204/05-20-Ф02-7115/05-С1), as well as regardless of filing the relevant demands in the arbitration court (Resolutions of the FAS North-Western District dated 02/19/2007 N A56-35936 /2005, dated November 28, 2005 N A66-1584/2005, Federal Antimonopoly Service of the Moscow District dated August 7, 2007 No. KA-A40/5187-07).

Moreover, the Ministry of Finance in Letter dated September 30, 2005 N 03-03-04/2/68 recognized that the fact that the statute of limitations had expired is sufficient to recognize the debt as bad and write it off as a loss, equated to non-operating expenses for profit tax purposes. In this case, no other measures are required to recognize receivables as bad.

Thus, upon expiration of the limitation period, in the presence of documents on the formation of debt, as well as written justification and order of the manager, the tax base can be reduced by the amount of the debt when calculating income tax.

If the documents have not been preserved.

In case of loss of documents confirming the occurrence of a debt, we recommend assessing the possibility of having contracts, invoices, payment documents, reconciliation statements and any correspondence with the counterparty regarding this debt in related departments or separate divisions.

The impossibility of debt collection can be confirmed by extracts from the Unified Register of Legal Entities, if the debtor is excluded from it.

But if primary documents confirming the occurrence of receivables (agreements, acts, invoices, payment documents) have not been preserved, then defending the costs of writing off such debt seems to be a very difficult and dubious task.

Tax authorities and courts are unanimous on this issue. The Federal Tax Service for Moscow, in Letter dated December 19, 2007 No. 20-12/121646, explaining the situation regarding accounting for expenses when primary documents are missing, concludes:

« An organization cannot take into account the amount of losses as part of non-operating expenses when forming the tax base for calculating income tax. according to undocumented bad debts with an expired statute of limitations."

FAS West Siberian District dated August 28, 2007 in Resolution No. F04-5734/2007 (37452-A03-15) in case No. A03-16023/2006-21 “ indicated that it is impossible to attribute written off receivables to non-operating expenses, since only payment documents, in the absence of relevant agreements, are not grounds for recognizing such a debt as an expense.”.

In the Ninth Arbitration Court of Appeal (Resolution dated May 29, 2008 No. 09AP-4637/2008-AK in case No. A40-67028/07-127-395), the taxpayer wanted to defend the costs of writing off accounts receivable, proving its existence with internal documents of the organization, since primary documents confirming this debt have not survived. However, the court also supported the tax authority in this case, justifying its position with the following conclusions:

« Having analyzed the submitted documents, the appellate court cannot agree with the Applicant’s position that the evidence presented by him is sufficient to confirm the legality of writing off the disputed amount for non-operating expenses, and the Applicant did not have the obligation to store documents of a number of named debtor organizations at the time of the tax audit.

Taking into account the specifics of accounts receivable, it should be concluded that the primary documents justifying the inclusion of a particular amount in accounts receivable are the primary accounting documents for the operation of writing off accounts receivable, and, therefore, the storage period of these documents should be calculated from the moment of write-off accounts receivable.

Under such conditions, in violation of paragraph 1 of Art. 252 Tax Code of the Russian Federation, Part 1, Art. 65 of the Arbitration Procedure Code of the Russian Federation, the Applicant did not document either the amount or the date of formation of the receivables for the specified organizations, therefore, did not prove the validity of the stated requirements to invalidate the decision of the Tax Authority in full.

Thus, the Tax Authority rightfully excluded the amount of RUB 5,790,131.06 from non-operating expenses in the contested decision. as not supported by documents in violation of paragraph 1 of Art. 252 of the Tax Code of the Russian Federation.

The presented settlement cards and orders of the executive body are internal documents of the taxpayer and cannot objectively reflect the fact that there is an obligation between the Applicant and the debtor organization, violations committed by the Applicant’s counterparties during the execution of contracts: short delivery of products, delivery of low-quality products, etc., which would indicate the date and the grounds on which the counterparty’s debt arose.”

Reflection in accounting.

In accounting, in accordance with clause 77 of the Accounting Regulations, receivables for which the statute of limitations has expired and other unrealistic debts can be written off using one of the following methods:

On the financial results of the organization’s activities (if debt amounts were not reserved);

Due to the reserve for doubtful debts.

Please note: recognizing debts as a loss does not entail cancellation of the debt. This debt must be accounted for in off-balance sheet account 007 “Debt of insolvent debtors written off at a loss” for 5 years. According to the Chart of Accounts approved by Order of the Ministry of Finance of Russia dated October 31, 2000 No. 94n “On approval of the Chart of Accounts for accounting financial and economic activities and Instructions for its application,” analytical accounting on an off-balance sheet account is maintained for each debtor whose debt is written off at a loss, as well as for each debt written off at a loss.

If, after writing off the receivables, the buyer repays them, the funds received will be non-operating income. In this case, the amount of the repaid debt is written off from the off-balance sheet account (Credit 007 - for the amount of the debt). An entry on the credit of account 007 is also made if the five-year monitoring period for the specified debt has expired and the possibility of collecting it has been completely exhausted.

The write-off of debt that is unrealistic for collection, for which a reserve was previously created, is reflected in accordance with the Chart of Accounts by the debit of account 63 “Provisions for doubtful debts” in correspondence with the corresponding accounts for settlements with debtors 62 “Settlements with buyers and customers”, 76 “Settlements with various debtors and creditors."

For example. The organization, by order of the manager, carried out an inventory, on the basis of which it created a reserve for doubtful debts. In December 2009, the statute of limitations for the debt owed to the buyer in the amount of 472,000 rubles expired. (including VAT). The debt is written off against the created reserve.

Sum,
rub.

Primary document

Accounting records Creation of a reserve for doubtful debts based on inventory results

The amount of the created reserve is reflected

Manager's order, inventory act, accounting certificate.

Accounting information

If the debt amounts were not reserved, then the organization, according to the Chart of Accounts, writes off the receivables from the settlement account 62 "Settlements with buyers and customers", 76 "Settlements with various debtors and creditors" to the debit of account 91 "Other income and expenses", subaccount "Other" expenses". This rule is based on the norms of paragraph 11, 14.3 of PBU 10/99, according to which the amounts of receivables for which the statute of limitations has expired, as well as other unrealistic debts, are other expenses of the organization.

For example. In 2006, there was a supply of goods worth 472,000 rubles, including VAT. The buyer did not pay for the goods. The organization, according to its accounting policy, does not create a reserve for doubtful debts. According to the director's order, an inventory was taken, on the basis of which the debt of 2006, for which the statute of limitations had expired, was written off.

Sum,
rub.

Primary document

Accounting entries for December 2006

Revenue from the sale of goods/provision of services is recognized

Consignment note/certificate of services rendered

The amount of VAT charged to the buyer is reflected

Invoice

Accounting entries for December 2009

Accounts receivable with expired statute of limitations are written off

Inventory report of payments, Order of the head of the organization

The amount of written off receivables is reflected in the off-balance sheet account

Accounting information

In tax accounting, timely written off receivables, confirmed by documents, reduce the income tax base in accordance with paragraphs. 2 clause 2 of article 265 of the Tax Code of the Russian Federation. In this case, the taxpayer has the right to write off as expenses the amount of bad receivables in full, including value added tax (Letter of the Ministry of Finance of the Russian Federation dated October 21, 2008 No. 03-03-06/1/596). VAT amounts on such debt are not accepted for deduction.

Is it possible to write off a forgotten “receivable” later?

Untimely write-off of accounts receivable leads to distortion of financial statements. Such a violation, as well as violation of the procedure and terms for storing accounting documents, leads to the imposition of an administrative fine on officials in the amount of two to three thousand rubles (Article 15.11 of the Administrative Code). An organization may also be subject to tax liability under Article 120 of the Tax Code of the Russian Federation.

In case of recognition of receivables that are documented and arose 4-10 years ago, a decrease in the profit base of the current tax period may lead to claims from the tax authorities.

The fact is that an enterprise has the right to write off a debt after the expiration of the limitation period if it was not interrupted, but, in the opinion of the Ministry of Finance of the Russian Federation, expressed in Letter dated January 11, 2006 N 03-03-04/1/475, date of recognition of expenses for tax purposes, profits in the form of non-operating expenses from bad debt will be Date of Expiry statute of limitations.

In the event of liquidation of the debtor, the basis for recognizing the debt as hopeless will be the entry on its exclusion from the Unified State Register. The Federal Tax Service for Moscow in Letter dated May 19, 2005 No. 20-12/36141 explains that it is necessary to take into account the expenses of an organization as part of non-operating expenses when forming the tax base for calculating income tax for the reporting (tax) period in which the corresponding entry was made on the liquidation of the debtor in the State Register.

This position of the tax authorities is not controversial, but in some courts it is supported by arbitrators. Thus, the Moscow Arbitration Court, in its decision dated March 2, 2006 in case No. A40-138/06-14-1, agreed with the inspectorate that the timely identification and write-off of debt depends entirely on the taxpayer and his manager. Therefore, writing off the debt in a later period in the above case led to additional income tax and penalties. The court considered: " Expenses must be written off precisely in the period in which the taxpayer acquired the right to write off, and the order of the head of the enterprise to write off receivables must be issued by the head of the enterprise only in the period in which the taxpayer acquired the right to write off».

In the Ninth Arbitration Court of Appeal, another taxpayer was able to defend the attribution of expenses for writing off accounts receivable at a later date according to the existing procedure at the enterprise, which spells out the entire document flow for writing off debt and indicates the deadlines for the approval of internal documents (see Resolution dated November 29, 2007 No. 09AP-15342 /07-AK).« The taxpayer's allegations are substantiated that writing off receivables without complying with the specified Procedure could lead to the unreasonable recognition in tax accounting of undocumented amounts of receivables. Due to compliance with the debt write-off procedure provided for by the Procedure, accounts receivable were not included in non-operating expenses, and the tax base for income tax was not unreasonably underestimated. At the same time, the corresponding amounts of receivables were taken into account in tax accounting for 2002, no damage was caused to the budget».

In this case, the judges considered that “The current legislation on accounting, as well as tax legislation, does not provide for restrictions in accordance with which the taxpayer is obliged to write off receivables during the period of expiration of the limitation period or liquidation of the debtor. The Tax Code of the Russian Federation, the Regulations on maintaining accounting and financial statements in the Russian Federation do not define the period in which it is necessary to write off the debt, and also do not contain requirements for the deadline for submitting a written justification.

In this regard, determining the moment of debt write-off by the head of the organization does not contradict current legislation; failure by the taxpayer to include expenses in the tax base on the date of expiration of the limitation period (before the date of issuance of the order of the head of the enterprise to write off receivables) could lead either to an overstatement of the tax base and overpayment of income tax (if the financial result was positive at the end of the tax period) or to an overstatement of the loss (with a negative financial result). In this regard, based on the results of writing off bad debts as non-operating expenses as of the date of issuance of the order to write off receivables, there is no understatement of income tax

...... Based on the above, the arbitration court of appeal considers it legitimate the conclusion of the trial court that the applicant included losses from writing off accounts receivable as losses from writing off bad debts as part of non-operating expenses when calculating income tax for 2002, and not when calculating income tax for previous tax periods, cannot be considered a violation of the legislation on taxes and fees; the write-off is economically justified and documented.”

Thus, in a situation where documents confirming accounts receivable have not been preserved, and the debt itself has not been written off on time, reducing the income tax base leads to significant risks.

Financial newspaper

№13, 2010

Specialists of the Tax and Financial Consulting Department of AKG "Intercom-Audit"


Cases when the creditor cannot get the debtor to repay the debt or collect amounts either through contractual, collection, or judicial means are common.

In such situations, the creditor has nothing left but the outstanding debt in the financial result. However, to carry out such an operation it is necessary carefully observe provisions of accounting and tax legislation.

What debt can be written off?

Accounts receivable is the sum of debts of various persons to one person. As a rule, such relationships arise between enterprises. Less often, one of the parties is an individual.

Such debt is divided into normal and overdue. If a company has supplied goods, services, or work under an advance agreement, normal receivables appear in the supplier’s accounting department. The payment terms have not been violated, the buyer is still complying with the agreement.

Failure to pay the due amounts on the contractual date causes a delay and the debt becomes overdue.

Types of overdue debt according to Article 266 of the Tax Code:

  • doubtful- when the creditor has not provided himself with property guarantees, for example, a pledge or surety, i.e. from the lender’s point of view, there are potential risks of non-receipt of payment;
  • hopeless- the debt is recognized as unrepayable and written off.

When a debt becomes bad:

  • expiration of the limitation period and the period of collection by bailiffs;
  • issuance of a decision of an authority canceling debt obligations;
  • termination of the existence of the debtor - and bankruptcy proceedings.

The statute of limitations under civil law is three years from the moment of detection of the delay or the last action on the part of the debtor to resolve the relationship.

The accounting regulations provide an explanation that overdue accounts receivable are written off separately for each case and on the basis and order of the executive body of the enterprise.

Write-off is made:

  • to reserves for doubtful debts;
  • into financial results;
  • expenses - for non-profit companies.

If the entity itself has debts to other persons, accounts payable, it is recommended to write off accounts receivable in the amount of its own debts.

Why do you need to write off? Any debt listed on the balance sheet relates to the person’s income and increases the size of the tax base. When it comes to enterprises, debts amount to a considerable, and sometimes significant, amount and can significantly affect the financial result and the amount of tax. This situation is unattractive for the company, so it will strive to get rid of the record of bad debts.

The Tax and Civil Codes have approved the deadline for the claim - within three years from the date of discovery of the circumstance.

For reconciliation purposes, the accounting department generates a certificate about the size of the company’s receivables and payables at the time of the start of inventory activities.

The certificate provides information:

  • about debtors - separately about each of them (full name, contacts, specifics of relationships);
  • amount of debts (time and circumstances of formation);
  • list of supporting documentation.

The certificate is attached and serves as the foundation for the audit team when analyzing settlements with clients and suppliers.

What to check:

  • count 60- advances to suppliers and contractors and debts to them;
  • count 62- advances from buyers and their debts;
  • accounts 66 and 67- debts on loans and credits;
  • score 68- overpaid amounts and debts on taxes and fees;
  • score 69- overpaid amounts and debts on insurance premiums;
  • score 70- payments to employees and overpayments, accrual and non-payment of labor benefits;
  • - payments to accountable persons that are not certified by reports, and expenses of accountable persons exceeding the amounts issued;
  • - debts of employees and employees due to other circumstances;
  • score 75- debts of the founders for the maintenance of their shares, debts in dividends;
  • - amounts between debtors and creditors.

Inventory results are indicated in the act. The document also contains information about the part of the debts recognized by debtors, and the part not recognized by debtors. The share of debt classified as uncollectible due to the expiration of the statute of limitations is approved.

Amounts of bad debts past the claim period should be displayed on a separate line so that they can be written off in a reasonable manner.

After reviewing the act, the company’s management issues an order to write off debts. The order form is free. By registering the document, the accounting department can actually write off debts.

When transferring debt from customers into expenses, it is necessary to take into account the factor. If the company operates according to the scheme of calculating tax upon delivery, then, therefore, VAT was accrued upon shipment of goods or services and does not need to be added to the amount again. The situation is the opposite if the company operates under the VAT scheme on payment.

If the company has not created reserves for doubtful debts, then the debts are written off in the calculation of profits as part of non-operating expenses.

If reserves have been formed, they are written off from the reserves account. The wiring for such an operation looks like this: Dt 63 Kt 62.

If the account contains only part of the amount of bad debts, then this part is written off from the reserve, and the rest is included in non-operating expenses.

Posting examples: Vector LLC carried out an inventory of debt in 2015, identified and included in reserves debts in the amount of 100,000 rubles. The following year, one of the company’s customers did not pay for the delivery and soon went through a liquidation procedure. The amount of 200,000 rubles became an unrealistic debt. The company operates under the VAT scheme upon payment. VAT in the amount is 30,000 rubles.

Postings:

  • Dt 91-2 Kt 63 - formation of a reserve of 100,000 rubles;
  • Dt 63 Kt 62 - debiting the reserve account in full amount of 100,000 rubles;
  • Dt 91-2 Kt 62 - writing off the remaining 100,000 rubles as expenses;
  • Dt 76 Kt 68 - accrual of value added tax in the amount of 30,000 rubles.

If it is possible to write off only a certain share of the entire amount of debt - for example, during the bankruptcy procedure of a debtor, the arbitration court recognized its fixed assets and turnover as insufficient to satisfy creditors and classified only part of the funds for return, and recognized part as hopeless for collection.

Then the creditor writes off a certain amount that is unrealistic for reimbursement and receives another part:

  • Dt 51 Kt 62 - the debtor paid part of the debt;
  • Dt 91-2 Kt 63 - write-off of the remaining part.

And if there are amounts left in the reserves that were not included in the write-off process, if the amount of the reserve exceeds the actual debt before the end of the year, this balance must be transferred to the company’s income.

Within the framework of tax accounting, which a company maintains to calculate income tax, the write-off procedure looks similar:

  • debts are classified as non-operating expenses in the absence of reserves;
  • the presence of a reserve leads to the writing off of debts from the reserve account in the financial result;
  • if after this any amount of debt remains, it is also written off as non-operating expenses.

The written-off amounts continue to be present in the creditor's accounts for 5 years - this norm is established in the event of stabilization of the debtor's financial situation and the opportunity to repay the debt.

The write-off is recorded on the off-balance sheet account - 007.

Learn more about accounts receivable in this video.

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