All businesses, especially small businesses often face a lack of working capital, so using this form of payment as the offset requirements has several advantages, not only by saving money, but also by reducing the opportunity costs of the enterprise the size of the netting agreement requirements . However, abuse contracting the netting is not necessary, because is guaranteed to attract attention to you the tax authorities. Lack of payment deprives the commercial component of the deal, reduce the taxable profits of the enterprise, allows you to bypass the payment through bank accounts, making it difficult to control the activities of the firm. Incorrectly issued the contract netting requirements (download) can be interpreted as a barter agreement, and this implies a financial and tax accounting. In contrast to barter transactions, representing a bilateral treaty, netting repaid counter homogeneous obligations of parties to two or more contracts in the event the date for performance of obligations under the contract. Fundamentals of an offsetting contract According to the article. 410 CC RF obligation wholly or partly set off similar claims, which are due any term which is not specified or defined by the moment called for. Enough to offset the statements on one side. Simply put, a contract netting is possible in the case of relations between the two parties they have formed mutual claims: one and the same party is both debtor and creditor. And this is possible only if the conclusion of two agreements, one of which one contractor is a seller (of goods or services), and the second - the buyer. Lawyers call this condition counterclaims - and it is necessary to conclude such agreements. Not advise you to resort to such agreements with a large number of participants, as show a circular mutual debts very difficult. Article 411 stipulates the cases of non-offset, including requirements: at the request of the other parties to the requirement shall apply the limitation period and this period has expired on compensation for damage to life or health; for alimony; of life maintenance, in other cases stipulated by law or contract netting. Conclusion of the contract netting is possible only by the due date. If the amount of payment are different, then a lesser amount be credited, and the difference is paid in cash. But we can not set off the netting of obligations under the agreement, pursuant to the conditions which either party has not been launched. Another condition for the legality of the contract netting is similar claims, but the principle of uniformity only applies to the subject requirements, rather than the causes (see Information Letter of the Presidium of Supreme Arbitration Court of the Russian Federation of December 29, 2001 N 1965 regarding the review of the practice of settlement of disputes relating to termination of obligations set off similar claims). Before the netting is necessary that one party has sent another statement. And the receipt of such notice by the other party is regarded as the termination of commitments. This proof may serve a notice of delivery of the registered letter with a list of attachments. Registration Act netting properly executed agreement will save businesses a lot of trouble, the act of netting - is the primary accounting document. He is a mandatory signed by both parties (manager and chief accountant) and sealed (see Federal Law № 129 "On Accounting"). Detailed description requires a description of the debt. Hand necessarily indicate the amount in the act of commitment to one another for each settlement clauses netting. The total value of debt shows a common outcome in the act. VAT amount is reflected separately for each type of debt and common outcome in the end. Value-added tax of goods (works, services) are taxed at 0, 10 or 18 percent. It is important not to make mistakes in calculating the amount of VAT, with netting singled out one VAT rate, which corresponds to the form of services rendered or goods sold. The amount of debt appearing in the act must be accompanied by supporting documents: contracts, invoices, vouchers, certificates of work performed. Contract netting and VAT, however, the practice of netting agreements is implemented as a rule, bilateral act of mutual cancellations. The act specifies the amount of claims, the grounds of their origin and dates of execution. But it is not so simple. If the sum of the requirements contained VAT, the tax must be paid card payments through the servicing bank. Treasury urged to pay the tax in the period in which the netting. Moreover, the parties retain the right to a tax deduction, despite the fact that remittances, as such, was not. Additionally, you can protect yourself holding Reconciliation Report and the signing of the act. Offsetting for uproschentsev In conducting netting entrepreneur, located on the simplified tax system should pay particular attention to tax such a transaction. Income reflects the value passed to the buyer of goods / services to costs include the contract price offset (if the object of taxation are the "revenue minus expenses). Often, tax insistently offering to offset the transaction, receivables are not paid off for a long time, thus amounts under the contracts could be reflected in income, and as a consequence, increase the tax base. Note that does not produce or offset - only solves the entrepreneur. In any case, the settlement of mutual claims offset - an attractive way of repaying the debt counter, most importantly they are not abused. Contract netting (download)
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