Partial payment: how to correctly reflect it in accounting?

Payment of VAT in installments

According to Article 174 of the Tax Code of the Russian Federation, VAT can be paid in installments. The tax that was calculated based on the results of the quarter can be divided into three equal parts and these equal parts must be paid within three months. The payment deadline is the 25th day of each month of the quarter following the quarter in which the tax was assessed. Tax payment deadlines can be found in the table.

Example 1.

Success LLC filed a value added tax return for the 1st quarter of 2021. In the declaration in the first section, the amount indicates the amount of tax that must be paid to the budget in the amount of 51,000 rubles. To pay tax to the budget you need to divide 51,000 by 3 months. 51000/3=17000 rubles. Thus, tax payment will be made as follows:

• Until April 25 - 17,000 rubles;
• Until May 25 - 17,000 rubles;
• Until June 25 - 17,000 rubles.

What is VAT?

VAT - value added tax. It is paid when the company sells goods, works, services and property rights.

SELLS GOODS, WORKS, SERVICES OR PROPERTY RIGHTS. For example, a company sold tomatoes or office space - it is obliged to pay VAT.

TRANSFERS GOODS, WORK, SERVICES OR PROPERTY RIGHTS FREE OF CHARGE. For example, one legal entity transfers an industrial workshop to another free of charge or gives a microwave oven as a gift in a store when buying a refrigerator - VAT must be paid on all transactions at market value.

IMPORTS GOODS INTO THE TERRITORY OF THE RF FROM ABROAD. For example, he brings chocolate from Japan or clothes from China to later sell in Russia. VAT must be paid on each delivery.

PERFORMS construction and installation work for himself. Builds a building, a workshop, or makes repairs on premises using his own efforts.

In the law this is called sale, but for simplicity we will call it sale.

VAT is an indirect tax. Typically, the business does not pay it out of pocket, but bills it to the end customer. The buyer pays the tax amount, and the company transfers this money to the tax office. You may have noticed that the store receipt separately indicates the price of the product and separately VAT. But if the goods were not sold, but were given as a gift, the entrepreneur will still have to pay VAT on it - from his own money.

Tax is charged on added value. For example, an entrepreneur bought a kilogram of cucumbers from a supplier for 100 rubles, and sold them for 150 rubles. If the supplier of cucumbers is also a VAT payer, then the entrepreneur will pay tax only on the 50 ruble difference.

Payment in unequal installments

According to the Information Notice of the Tax Inspectorate, value added tax can be paid in unequal installments. But the main thing is that the required amount is paid by the due date and credited to the required cash register. That is, you can pay the entire amount in the first month and not pay for two more months. Or pay half in the first month and half in the second month of the entire required amount for the quarter. Let's look at an example.

Example 2.

Success LLC filed a value added tax return for the 1st quarter of 2021. In the declaration in the first section, the amount indicates the amount of tax that must be paid to the budget in the amount of 38,000 rubles. To pay tax to the budget you need to divide 39,000 by 3 months. 39000/3=13000 rubles. Thus, tax payment will be made as follows:

• Until April 25 - 13,000 rubles;
• Until May 25 - 13,000 rubles;
• Until June 25 - 13,000 rubles.

But you can do it another way: pay, for example, 20,000 rubles before April 25, 6,000 rubles before May 25, and another 13,000 rubles before June 25. The law does not prohibit such splitting if there is an amount in the taxpayer’s personal account of at least 1/3 of the tax amount for the quarter in each month of the quarter following the reporting one, until the 25th day.

VAT: Advance payment (partial payment)

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The composition of the invoice indicators issued upon receipt of advance payment (partial payment) is provided for in clause 5.1 of Art. 169 Tax Code of the Russian Federation . However, a special form of invoices issued for advance payment (partial payment) has not been approved. Therefore, when issuing goods, sellers of goods (works, services, property rights) use the invoice form approved by Decree of the Government of the Russian Federation N 914, reflecting in it the indicators provided for by the above norm .

In accordance with paragraphs. 4 clause 5.1 art. 169 in the invoice issued upon receipt of payment (partial payment) for upcoming deliveries of goods (performance of work, provision of services, transfer of property rights), the name of the goods supplied (description of work, services), property rights must be indicated.

When filling out this invoice indicator, you should be guided by the name of the goods, property rights specified in the contracts concluded between the seller and the buyer.

For example, in the case of receiving advance payment (partial payment) under contracts for the supply of goods, which provide for their shipment in accordance with the application (specification) issued after payment, these contracts, as a rule, indicate the general name of the goods supplied (for example, petroleum products, confectionery , bakery products, stationery, etc.). Therefore, when issuing an invoice upon receipt of advance payment (partial payment) under such contracts, the generic name of the goods (or their groups) should be indicated.

If contracts are concluded that provide for the performance of work simultaneously with the delivery of goods, both the name of the goods supplied and a description of the work performed are indicated in the corresponding column of the invoice.

When receiving preliminary (partial) payment under contracts for the supply of goods, taxation of which is carried out at rates of both 10 and 18%, the invoice should either indicate the general name of the goods indicating the rate of 18/118, or allocate the goods into separate positions based on information contained in contracts, indicating the corresponding tax rates.

When issuing an invoice for preliminary (partial) payment received under contracts providing for different delivery times for goods, the amount of this payment should not be allocated to separate items.

According to paragraph 3 of Art. 168 of the Tax Code of the Russian Federation, upon receipt of payment amounts (partial payment) on account of upcoming deliveries of goods sold on the territory of the Russian Federation, the corresponding invoices are issued no later than five calendar days, counting from the day of receipt of the specified amounts.

If within five calendar days, counting from the date of receipt of the advance payment (partial payment), goods are shipped against this payment (partial payment), invoices for such payment should not be issued to the buyer.

Upon receipt of payment (partial payment) for upcoming deliveries of goods by a commission agent (agent) who carries out the sale of goods on his own behalf within the framework of a commission (agency) agreement, an invoice for this payment is issued to the buyer by the commission agent (agent), and the principal (principal) issues to the commission agent (agent) an invoice, which reflects the indicators of the invoice issued by the commission agent (agent) to the buyer. At the same time, the commission agent (agent) does not register invoices for payment (partial payment) for future deliveries of goods issued by him to the buyer in the sales book.

When making payment (partial payment) for upcoming deliveries of goods (performance of work, provision of services, transfer of property rights) in non-monetary form, corresponding invoices are also issued.

Under contracts for the supply of goods (provision of services), which provide for features associated with continuous long-term supplies of goods (provision of services) to the same buyer (for example, supply of electricity, oil, gas, provision of communication services), draw up invoices for payment (partial payment) received on account of such deliveries of goods (provision of services), and bill them to customers, in our opinion, at least once a month no later than the 5th day of the month following the end. In this case, the preparation of invoices should be carried out by suppliers in the tax period, when the amount of preliminary (partial) payment is received. This procedure is possible since the Tax Code of the Russian Federation does not define the concept of payment (partial payment), therefore, in this case, preliminary (partial) payment can be considered the difference formed at the end of the month between the received amounts of payment (partial payment) and the cost of goods shipped in a given month (delivered services).

In such invoices, according to the Russian Ministry of Finance, the amount of advance payment received in the corresponding month should be indicated, for which goods (services) were not shipped that month (Letter dated 03/06/2009 N 03-07-15/39). Upon receipt of payment (partial payment) for upcoming deliveries of goods (performance of work, provision of services) subject to taxation at a zero rate, as well as those not subject to this tax, invoices are not issued.

The above Letter also contains another conclusion: in the case of VAT administration in terms of the restoration of tax previously accepted for deduction when transferring payment (partial payment) on account of upcoming supplies of goods, the tax authorities, in the opinion of the Ministry of Finance, should carry out tax control measures similar to those carried out under verification of tax amounts subject to restoration when using previously acquired goods (work, services, property rights) to carry out transactions subject to taxation at a zero rate, as well as transactions not subject to this tax.

According to paragraph 12 of Art. 171 of the Tax Code of the Russian Federation, for a taxpayer who has transferred payment amounts (partial payment) on account of upcoming deliveries of goods, the tax amounts presented by the seller of these goods upon receipt of such payment amounts (partial payment) are subject to deductions. Clause 9 of Art. 172 of the Code establishes that these deductions are made on the basis of invoices issued by sellers upon receipt of advance payment (partial payment), documents confirming the actual transfer of these amounts, and in the presence of an agreement providing for their transfer.

If the contract for the supply of goods (performance of work, provision of services, transfer of property rights) provides for the transfer of preliminary (partial) payment without specifying a specific amount, VAT should be deducted, calculated based on the amount of the transferred preliminary (partial) payment specified in invoice issued by the seller. If the agreement does not provide for a provision for preliminary (partial) payment or there is no corresponding agreement, and the advance payment is transferred on the basis of an invoice, the tax on the transferred preliminary (partial) payment is not deductible.

When making preliminary (partial) payment in cash or in non-cash form, tax is not deducted, since in these cases the buyer of goods (work, services, property rights) does not have a payment order.

According to paragraph 1 of Art. 171 of the Tax Code of the Russian Federation, when calculating the amount of VAT payable to the budget, the taxpayer has the right to reduce the total amount of tax calculated for transactions recognized as the object of taxation by the corresponding tax deductions. Consequently, the Tax Code of the Russian Federation provides for the right of the taxpayer to deduct VAT on the listed amounts of advance payment (partial payment), and not the obligation to accept the tax for deduction. Thus, if a taxpayer uses his right to deduct tax on goods (work, services) received, and not on prepayment (partial payment) for these goods, this, according to experts from the Russian Ministry of Finance, does not lead to an understatement of the tax base and the amount of tax payable to the budget.

Difficulties that may arise for tax authorities when checking the correctness of application of these deductions do not constitute grounds for the impossibility of implementing the introduced system in practice, and even more so for refusal, as indicated in the Letter, to exercise tax control. Federal Law No. 224-FZ dated November 26, 2008 was adopted as part of the implementation of anti-crisis measures, and the procedure it introduced for deducting VAT paid as part of payment (partial payment) for upcoming supplies of goods is aimed at reducing the tax burden on the relevant taxpayers and should not lead to an increase in the burden (both tax and administrative) on VAT payers selling goods (works, services). In accordance with Art. 35 of the Tax Code of the Russian Federation, tax and customs authorities are responsible for losses caused to taxpayers, fee payers and tax agents as a result of their unlawful actions (decisions) or inaction, as well as unlawful actions (decisions) or inaction of officials and other employees of these bodies in the performance of their official duties. responsibilities.

VAT

Fulfillment by a simplified person of the duty of a tax agent for VAT

Taxation of returned goods

VAT on the sale of real estate

VAT refund from the budget

How to fill out a VAT return for a tax agent

How to round the payment amount

The situation where, when dividing by three months the entire amount of tax required to be paid to the budget, the result is a non-integer number, occurs quite often. In this case, the payment procedure is established by the Information Message of the Tax Inspectorate as follows: the first two months are rounded down, and in the last month rounded up. Let's look at an example.

Example 3.

Success LLC filed a value added tax return for the 1st quarter of 2021. In the declaration in the first section, the amount indicates the amount of tax that must be paid to the budget in the amount of 25,741 rubles. To pay tax to the budget you need to divide 25741 by 3 months. 25741/3=8580.33 rubles. Thus, tax payment will be made as follows:

• Until April 25 - 8580 rubles;
• Until May 25 - 8580 rubles;
• Until June 25 - 8581 rubles.

Tax deduction for VAT

A tax deduction is the right of a company to reduce the amount of VAT tax charged to it by suppliers.

The problem is that some companies enter into deals only on paper in order to pay less, and deceive the tax authorities. It is illegal. To identify such entrepreneurs, the tax office monitors transactions for which deductions are issued.

How exactly the tax office monitors transactions is a topic for a separate article. We won’t talk about this here, but we will give recommendations on how to file a deduction so that the tax authorities are happy.

CONDITIONS FOR OBTAINING VAT RECORD. You can include the VAT you paid in your return in the following cases:

1) VAT was presented by suppliers for goods, work or services.

2)You paid VAT to customs when importing goods from abroad.

3) The tax was presented by the sellers of property rights.

TO RECEIVE A DEDUCTION, YOU MUST CONFIRM THE FOLLOWING CONDITIONS WITH DOCUMENTS:

1) The deal actually took place.

2) Goods were purchased for transactions on which VAT is charged.

3) The goods have been registered.

There is no need to send documents immediately - only at the request of the tax office.

Features of submitting a tax return

Based on the books of purchases and sales, the taxpayer is required to fill out and submit a declaration at the place of his registration. This must be done before the 25th day of the month immediately following the reporting month. Thus, the declaration is provided:

• For the first quarter - until April 25;
• For the second quarter - until July 25;
• For the third quarter - until October 25;
• For the fourth quarter - until January 25.

Important! The declaration is provided only in electronic form. When submitting a declaration in paper form, it is considered not submitted.