Write-off of accounts receivable of an individual. Writing off bad accounts receivable. Is it possible to write off receivables

Writing off accounts receivable is an operation that accountants do regularly. How to determine the criteria for writing off receivables and how to properly implement it, you will learn from our article.

What debt can be written off

You can write off not all of the company's debts, but only those that meet the signs of debt that is unrealistic to be collected. The concept of a bad debt is given in paragraph 2 of Art. 266 of the Tax Code of the Russian Federation. This is a debt with expired limitation period, as well as the debt of a liquidated company or firm that is excluded from the Unified State Register of Legal Entities as invalid.

Important! The debt of a company excluded from the Unified State Register of Legal Entities later than September 1, 2014 can be recognized as unrealistic (clause 2 of Article 64.2 of the Civil Code of the Russian Federation, letter of the Ministry of Finance of Russia dated January 23, 2015 No. 03-01-10 / 1982). If the data on the actual termination of work is entered in the register before September 1, 2014, then the debts of such a company are written off according to general rules.

If a cash you owe an individual entrepreneur, you cannot carry out the procedure only because of his exclusion from the USRIP, since the individual entrepreneur is responsible for the debts with all his property (letter of the Ministry of Finance of Russia dated 09.16.2015 No. 03-03-06 / 53157). The cancellation of the merchant's bad accounts receivable is possible only after the end of the bankruptcy procedure, in the event of the death of the individual entrepreneur or a court ruling on the impossibility of collecting money due to the failure to establish the whereabouts of the entrepreneur. That is, before how to write off receivables make sure that the above conditions are met for this.

If 2 companies owe each other, first of all, it is necessary to offset the debts by reducing the amount of accounts receivable by the amount owed to the counterparty. If the partner company still owes you, this money is recognized as unrealistic to receive, and you can write off the overdue receivables.

So, you found out that the debtor company went bankrupt (or it was excluded from the register of legal entities later on September 1, 2014). In this case, you understand that it will not be possible to return the debt. How to write off accounts receivable, for which the limitation period ends?

By general rule it is equal to 3 years, but can be interrupted if:

• the debtor accepted and signed the reconciliation act;
• sent a letter - acknowledgment of debt or a request for an extension;
• paid interest or forfeit;
• the firms drew up an addendum to the contract under which the debtor recognized his obligation;
• the court accepted a claim from your company against a negligent buyer.

The company must start counting again, which was interrupted by the limitation period. However, it cannot exceed 10 years from the date of formation of the debt (clause 1 of article 181 of the Civil Code of the Russian Federation).

How to document bad accounts receivable write-off

So, you have determined that there is money that is unrealistic to receive for the reasons listed above. To write off accounts receivable and payable, you need to draw up an order for an inventory of debt, and enter its results in the INV-17 form. Then the manager issues an order to liquidate the company's debt on the basis of an inventory statement and an accounting statement, which should include the amount of debt, a description of the situation, why the debt has become uncollectible, a link to the number and date of the inventory statement.

IMPORTANT! The tax authorities check the written off debts especially carefully, so we recommend that you attach to the debt inventory act the history of its occurrence and documents confirming the reality of the transaction: contracts, invoices, invoices, acts of services rendered, reconciliation acts, as well as the basis for recognizing the debt as hopeless (for example, an extract from the Unified State Register of Legal Entities or the order of the bailiff).

Write-off of overdue accounts receivable in accounting

Order write-off of receivables in the accounting of a company depends on whether it has a reserve for doubtful debts.

If the company has a reserve, an entry is made: Dt 63 Kt 62 (76 or other accounts for accounting for debts to your organization) - at the expense of the reserve for doubtful debts.

If the debt is more than the reserve, then the difference is charged to other expenses: Dt 91.2 Kt 62 (or another account for accounting for receivables).

The written off debt within 5 years should be accounted for in the debit of account 007 in full. And only after this period it is written off completely.

If the company did not create a reserve, then postings are drawn up:

• Dt 91.2 Kt 62 (or another account for accounting for receivables) - unrealistic receivable funds were written off as expenses;
• Дт 007 - the written off debt is recorded off the balance sheet.

Store documents confirming the fact write-off of receivables, for accounting purposes, you need at least 5 years from the date of writing off the overdue debt to your company. On account 007, analytical accounting should be kept in the context of each counterparty.

Write-off of receivables in tax accounting

Only organizations that consider income tax on an accrual basis can write off unrealistic receivables as expenses. Accordingly, simplified taxpayers and UTII payers cannot take into account the bad debt in their expenses (letter of the Ministry of Finance of Russia dated 13.11.2007 No. 03-11-04 / 2/274). Individual entrepreneurs OSNO is also not entitled to carry out the procedure write-off of receivables.

In accounting for tax purposes, the algorithm for eliminating accounts receivable depends on whether a provision for doubtful debts has been created. If it is, then the company carries out write-off of receivables at the expense of the reserve, and the part of the debt uncovered by the reserve is referred to non-operating expenses. If the reserve has not been formed, then the debits are written off for non-operating expenses. An expense is recognized when the earliest event occurs:

• the limitation period has expired;
• an entry appeared in the register of legal entities about the termination of the debtor's work;
• documents were received from the bailiffs.

Supporting documents for purposes tax accounting should be stored for at least 4 years.

If you paid an advance payment to the supplier, and then recognized this debt as hopeless, then the VAT accepted for deduction must be restored.

IMPORTANT! If the company has decided to recognize the debt natural person hopeless and after write-off of receivablesto attribute it to expenses, you need to transfer personal income tax from the amount of debt.

From the point of view of tax authorities, the individual received a tax benefit, and the company should act as an agent for personal income tax. This, in particular, is written by the Ministry of Finance of Russia in a letter dated 08.02.2012 No. 03-04-06 / 4-27 and the Federal Tax Service of Russia in an explanation of 31.12.2014 No. PA-4-11-27362. If the individual was an employee of the organization, then, in addition to payment of personal income tax for it, the organization must transfer from the amount write-off of receivables insurance premiums.

Outcome

Process write-off of receivables uncomplicated, but strictly regulated. Its violation is fraught with claims of tax inspectors and additional accrual of income tax or fines for errors in accounting. Therefore, before how to write off accounts receivable, make sure an inventory is taken and an order issued.

The state has expanded the list of reasons write-off of receivables... Now you can not wait 3 years, but write off the debts of companies excluded from ERGUL, on the date of exclusion of the debtor.

However, we still advise you not to increase the company's expenses by write-off of receivables and make every effort to liquidate the counterparty's receivables by offering him, for example, an installment plan or debt restructuring.

Writing off an institution of receivables that are unrealistic to be collected is carried out in accordance with the requirements of civil, budgetary, and also accounting legislation.

Unrealistic debts to be collected are written off in the budget accounting for each liability arising in the manner established by the main manager of budgetary funds, based on:

• data from the inventory with the primary application;
• written justification with the attachment of documents confirming the impossibility of collecting this debt;

As a result of the occurrence of accounts receivable, funds are diverted from the economic turnover of the institution, therefore it is necessary to take all possible measures to collect it in a timely manner. The institution has the right to write off accounts receivable from the balance sheet either after it is repaid or after it is recognized as hopeless.

The grounds for termination of obligations are established by Chapter 26. In particular, the obligation may be terminated by execution (Article 408 of the Civil Code of the Russian Federation), by providing in return for the execution of a compensation (payment of money, transfer of property, etc.) (Article 409 of the Civil Code of the Russian Federation), offsetting a homogeneous counter claim (Article 410 of the Civil Code of the Russian Federation ), innovation (Article 414 of the Civil Code of the Russian Federation).

The Civil Code of the Russian Federation established the following grounds for recognizing accounts receivable as hopeless:

• the expiration of the limitation period (Article 196 of the Civil Code of the Russian Federation);
• termination of an obligation in accordance with a civil obligation due to the impossibility of its performance (Article 416 of the Civil Code of the Russian Federation);
• termination of an obligation in accordance with civil law on the basis of an act of a state body (Article 417 of the Civil Code of the Russian Federation);
• termination of the obligation by the death of a citizen (Article 418 of the Civil Code of the Russian Federation);
• termination of the obligation in accordance with civil law due to the liquidation of the organization (Art. 419 of the Civil Code of the Russian Federation).

The general limitation period is set at three years (Article 196 of the Civil Code of the Russian Federation). As a general rule, the course of the limitation period begins from the day when the person found out or should have found out about the violation of his right (clause 1 of article 200 of the Civil Code of the Russian Federation). Thus, for obligations with a performance period specified in the contract, the limitation period begins at the end of the performance period.

For certain types of claims, the law may establish special limitation periods, which are reduced or longer than total term (Article 197). The limitation period and the procedure for calculating it cannot be changed by agreement of the parties (Article 198 of the Civil Code of the Russian Federation). With the expiration of the limitation period for the main claim, the term also expires for additional requirements (forfeit, pledge, surety, etc.) (Article 207 of the Civil Code of the Russian Federation).

In accordance with paragraph 2 of Art. 200 of the Civil Code of the Russian Federation for obligations, the due date of which is not determined, the course of the limitation period begins from the moment when the creditor has the right to present a claim to fulfill the obligation. Moreover, according to clause 2 of Art. 314 of the Civil Code of the Russian Federation, in cases where an obligation does not provide for a deadline for its performance and does not contain conditions that allow determining this deadline, it must be performed within a reasonable time after the obligation arises. The debtor is obliged to fulfill an obligation not fulfilled within a reasonable period of time within seven days from the day the creditor submits a claim for its execution.

Writing off accounts receivable after the expiration of the limitation period may be made if this period was not interrupted or suspended. In accordance with Art. 203 of the Civil Code of the Russian Federation, the course of the limitation period is interrupted by filing a claim in accordance with the established procedure, as well as by the commitment of the obliged person to actions that indicate recognition of the debt. After the interruption, the course of the limitation period begins anew; time elapsed before the break does not count towards new term.

Clause 20 of the resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation of November 12, 2001 N 15/18 "On some issues related to the application of the rules of the Civil Code of the Russian Federation on the limitation period" explains what actions may indicate on recognition of a debt in order to interrupt the course of the limitation period:

• recognition of the claim;
• partial payment by the debtor or, with his consent, by another person, of the principal debt and (or) the amount of sanctions;
• partial recognition of the claim for the payment of the principal debt, if the latter has only one basis, and does not consist of various grounds;
• payment of interest on the principal debt;
• amendment of the contract by an authorized person, from which it follows that the debtor recognizes the existence of a debt, as well as the debtor's request for such a change in the contract (for example, on a deferral or payment by installments);
• acceptance of a collection order.

In addition, the signing of the debt reconciliation act, which is a written confirmation of the recognition of the existence of a debt, can also serve as the basis for recognizing the limitation period as interrupted. Such conclusions are contained, for example, in the decree of the FAS of the East Siberian District of April 17, 2008 N A19-10386 / 07-44-F02-989 / 08, the decree of the FAS of the Volga District of 04.09.2008 N A57-8471 / 2007. The fact of the expiration of the limitation period is sufficient for the recognition of the debt as hopeless.

The liquidation of an organization is the termination of its activities as a legal entity without transferring rights and obligations to other persons. Civil provides for a number of mandatory procedures in the liquidation process to satisfy the claims of creditors. The liquidation of a legal entity is considered complete, and the legal entity - ceased to exist after making an entry about it in the unified state register legal entities (Clause 8, Article 63 of the Civil Code of the Russian Federation). From that moment, the creditors of such an organization can write off its debts as bad.

If bankruptcy proceedings have been opened against the debtor organization, the debt included in the register of creditors' claims is written off after the organization is declared bankrupt by the court and excluded from the Unified State Register of Legal Entities (explanations of the procedure for writing off bad receivables for tax purposes are contained in the letters of the Ministry of Finance of Russia from 17.03.2009 N 03-03-06 / 1/149, from 11.04.2008 N 03-03-06 / 1/276).

Accounts receivable, in respect of which the bailiff-executor issued a decision to terminate the enforcement proceedings due to the absence of the debtor's property on which a claim can be levied, the ineffectiveness of all measures taken by the bailiff-executor permissible by law to find his property, can be recognized as hopeless ( letter of the Ministry of Finance of Russia dated 30.03.2009 N 03-03-06 / 1/199).

Write-off of receivables unrealistic for collection is carried out in the manner established by the main manager of budgetary funds. Within the framework of his powers, the chief manager of budgetary funds has the right to establish the procedure for approval by the subordinate budgetary institutions writing off unrealistic receivables for collection as one of the measures of preliminary departmental financial control (Article 158).

In order to write off bad accounts receivable from the balance sheet, the institution first of all needs to take an inventory of settlements. The document regulating the general procedure for conducting an inventory is the Methodological Instructions for the inventory of property and financial obligations, approved by order of the Ministry of Finance of Russia dated June 13, 1995 N 49.

During the inventory of settlements, the presence of the counterparty's debt must be confirmed by the relevant documents:

• an agreement with a buyer (customer), supplier (contractor);
• a waybill for the shipment of products, an act of acceptance and transfer of work performed, services;
• payment documents for the transfer of prepayment to a supplier who has not fulfilled its obligations, etc.

An institution that has not kept the primary accounting documents confirming the amount of the receivable has no grounds for writing it off. Institutions are obliged to keep primary accounting, budget accounting registers and budget reporting for the periods established in accordance with the rules for organizing state archival affairs, but not less than five years (clause 1 of article 17 of the Federal Law of November 21, 1996 N 129-FZ "On accounting ").

The results of the inventory of settlements are recorded in the Inventory of settlements with buyers, suppliers and other debtors and creditors.

Thus, in order to agree on the write-off of receivables that are unrealistic to be collected, the institution submits to the main manager of budgetary funds an inventory list of settlements with buyers, suppliers and other debtors and creditors with the attachment of documents confirming the presence of debt (primary) and the impossibility of its collection (act of the state body on termination of the obligation, notification of the exclusion of the debtor from the Unified State Register of Legal Entities, the decision of the bailiff-executor on the end of enforcement proceedings due to the impossibility of collecting the debt from the debtor organization, etc.).

Unrealistic debts to be collected are determined and written off in the budgetary accounting for each arisen obligation on the basis of:

• inventory data;
• written justification;
• coordination with the main manager of budgetary funds and the body organizing budget execution;
• order (instruction) of the head of the institution.

List of references

1. Civil Code of the Russian Federation.
2. RF Budget Code.
3. On accounting: Federal Law dated 21.11.1996 No. 129-FZ.
4. On some issues related to the application of the norms of the Civil Code of the Russian Federation on the limitation period: Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation of November 12, 15, 2001 No. 15/18.
5. Order of the Ministry of Finance of Russia dated June 13, 1995 No. 49.
6. Letter of the Ministry of Finance of Russia dated 17.03.2009 N 03-03-06 / 1/149.
7. Letter of the Ministry of Finance of Russia dated 11.04.2008 N 03-03-06 / 1/276.
8. Letter of the Ministry of Finance of Russia dated 30.03.2009 N 03-03-06 / 1/199.

A.N. Sukhoverkhova,
Yu.A. Kosheleva,
service experts
Legal Consulting GARANT

Each company in its current activities must monitor the status of settlements with counterparties, controlling the timing and amount of mutual debts. This directly affects the "cleanliness" of the balance sheet of the enterprise. But situations arise when it is impossible to return the debt and it is necessary to write off accounts payable or receivable. What an accountant should do, how to carry out such operations, what transactions are formed, what documents to be guided by - we will consider all this further.

To write off any type of debt, you need good reasons, supported by appropriate documents. These, according to the Tax Code of the Russian Federation, are:

• End of the limitation period;
• Liquidation of a counterparty;
• Unreality of collection.

To "part" with the company's debt, it is necessary to draw up a number of documents for each obligation:

• The act of inventory of mutual settlements with counterparties (form INV-17);
• The decision of the bailiff to terminate the enforcement proceedings - in case of unrealistic collection;
• Extract from the state register of legal entities with a record of the completion of the liquidation procedure of the enterprise (Article 49, Article 63 of the State Committee for the Russian Federation) - in case of liquidation of the counterparty;
• The order of the head of the write-off, signed on the basis of the listed documents.

In this case, SC is taken into account as non-operating income, except for debts to government agencies and extrabudgetary funds (Article 250 of the Tax Code of the Russian Federation, clause 18; Article 251, clause 21), DZ - as part of non-operating expenses or refers to the account. 63 "Provisions for doubtful debts".

Important: when writing off DZ due to unrealistic collection due to the debtor's lack of property, it is necessary to take into account such debt for 5 years beyond the balance on account 007 to control the likelihood of its recovery when the debtor's financial condition improves.

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We write off accounts receivable

We draw up the results of the inventory and identify DZ with an expired statute of limitations. The documents confirming its existence and limitation period are:

• Agreement and documents on payment to it;
• Documents confirming the delivery (provision of services) - acts, waybills;
• Reconciliation report (if any);
• Mutual official correspondence confirming the fact of reclaiming the debt (claim). It is necessary to support copies of letters with a document confirming the fact of receipt of the letter by the counterparty (for example, a notification of delivery).

It is important to take into account that if there is a reconciliation act for a certain date, the period begins to be calculated from the beginning.

Documents for confirming the impossibility of recovery: the order of the bailiff or an extract from the Unified State Register of Legal Entities:

Receivables write-off - transactions

In accounting, the reflection procedure is as follows:

1) If the reserve was created (Order of the Ministry of Finance of the Russian Federation of July 29, 1998 No. 34-n):

• Dt 63 Kt 62 (60,76,71,73,70) - accounts receivable were written off;

2) If the reserve was not formed or its size does not cover the amount of the debt:

• Dt 91.2 Kt 62 (60,76,71,73,70) - accounts receivable were written off;
• Dt 007 - we reflect the written off debt off the balance sheet.

The amount of the provision is determined separately for each doubtful amount of debt. Formation of the reserve since 2011 became the responsibility of enterprises.

In tax accounting, a reserve is used to cover losses from the write-off of DZ (Article 266 of the Tax Code of the Russian Federation). If it is not created or insufficient, then the debt is attributed to non-operating expenses in the period when the limitation period ended or the impossibility of collection was confirmed. (letter of the Federal Tax Service of the Russian Federation dated April 13, 2011 No. 16-15 / 035618.1).

We write off the creditor

Every year, the company is obliged to carry out an inventory, including accounts payable, before reporting. If a short circuit with an expired limitation period is identified, it is written off on the basis of an order to the income of account 91 both for accounting purposes and for tax accounting purposes. It should be remembered that, by analogy with DZ, the presence of a signed reconciliation act or receipt of an official claim from a supplier extends the limitation period:

Accounts payable write-off - transactions

For both tax and accounting, payables (KZ) are written off uniformly, with the following entries:

• Dt 60 (76,70,71,73) Kt 91.1 - written off is reflected accounts payable.

However, in tax accounting, KZ is written off in the period when the period has expired, regardless of the date of its identification.

To write off overdue creditors, a package of documents is required:

• Agreement;
• Acts of services rendered or invoices from the supplier;
• Act of reconciliation;
• Official complaint correspondence.

After collecting and analyzing the package of documents, making sure that the deadline has expired, you need to write off the KZ and reflect it as part of taxable income in order to avoid comments from the Federal Tax Service Inspectorate.

Debt inventory dates are set accounting policies, but it must be carried out at least 1 time in reporting period (year).

The work of any company is impossible without interaction with consumers of produced services and goods. Settlements for them are not always made in advance payments, and therefore sometimes there is an overdue and even bad debt. If it is impossible to collect such debts, they should be written off after a certain time, but this process should be impeccably documented in order to minimize the attention of the Federal Tax Service Inspectorate.

Grounds for writing off receivables

Loss or overdue debts are considered debtors with an expired limitation period (according to Art. 196 of the Civil Code of the Russian Federation - 3 years), as well as debts for which the obligation has been terminated, for example, due to liquidation / reorganization of the company. In accounting, the write-off of receivables (DZ) is also possible due to the unreality of collection, the criteria of which are factors:

• Companies using all the options for pre-trial debt collection that have not brought an effective result;
• Inappropriateness of going to court (for example, if legal costs exceed the amount to be collected).

If the revision of the obligations establishes a debt that meets the above criteria, then an order is drawn up to write it off.

Procedure for writing off accounts receivable

Establishes the order of PBU dated July 29, 1998 No. 34n. DZ is written off for each obligation based on:

• a completed inventory with a written justification for the expediency of writing off the debt;
• by order of the company's management.

At the same time, written off overdue receivables should be controlled: for 5 years it will be reflected in the balance on account 007 “Written off indebtedness of insolvent debtors”, since the transfer of the amount of DZ to losses is not considered its cancellation and it remains necessary to monitor the possibility of recovery if the debtor's financial situation will change for the better.

Analytics on account 007 is carried out in the context of each partner and each debt written off to losses. Let's consider the sequence of operations for registration of debt write-off.

How to write off accounts receivable

So, for each of the overdue debts, it is necessary to justify the need for write-off with such arguments as:

• documents confirming the existence of debt - contracts, invoices, payment orders, acts of mutual reconciliation, reference-calculations, claims and requirements for debt repayment in writing;
• documents confirming the impossibility of debt collection - an extract from the Unified State Register of Legal Entities, which fixes the moment of liquidation, etc.

Then an order is issued to write off receivables. It is drawn up according to certain rules:

• based on the grounds permitted by law;
• provided with reliable documentary support;
• created on the basis of a conducted and well-designed inventory.

Order to write off accounts receivable: sample 2017

The order is issued in a standard form, or independently developed by the company. In addition to general information (company name, number and date of the order), it must contain the following data:

• the name of the debtor's company;
• the amount of bad debt to be written off;
• grounds;
• an indication of the procedure for writing off debt - for costs or at the expense of the created reserve.

We offer a sample order for writing off receivables:

Limited Liability Company "Omega"

Order number 25

About writing off bad accounts receivable

saratov

Based on the act of inventory of settlements with debtors and creditors dated August 30, 2017 No. 29 and accounting certificate No. 65 dated August 30, 2017, justifying the reasons for the write-off

I ORDER:

1. Recognize as hopeless in connection with documentary evidence of the fact of liquidation of the counterparty and write off the accounts receivable of LLC Triton in the amount of 420,000 rubles at the expense of the funds of the formed reserve for doubtful debts, and in tax accounting - at the expense of non-operating expenses.
2. Chief accountant Vorobyeva O.T. the written off debt should be recorded on the off-balance sheet account, and the write-off operation should be reflected in the accounting and reporting for the 3rd quarter of 2017.

I reserve control over the execution.

Director of Omega LLC IM Perov

Acquainted with the order:

Chief Accountant of Omega LLC O. T. Vorobeva

Write-off of overdue receivables: transactions

The package of documents and the order issued on their basis are documentary evidence for the following accounting records:

If the amount of the bad debt written off earlier for losses is recovered from the counterparty, then the entries in the accounting will be as follows:

Note that writing off DZ for losses is preceded by really colossal work with debtors and all possible measures are taken to collect the debt. Only if it is impossible to return the company's funds, work begins to write off the debt.

Each company has the right to resort to writing off accounts receivable that cannot be collected, even without going to court. Let's take a look at the process of writing off receivables with an expired limitation period step by step.

In this article, you will learn the procedure for writing off receivables:

Due to a decrease in sales volumes, a lack of working capital, counterparties are not always in a hurry to pay off their debts. As a result, significant amounts of receivables with expired statute of limitations are accumulated in the accounting of the creditor company. At the same time, an analysis of the activities of the debtor organization indicates that even if a positive court decision is received, the recovery of the awarded amounts will be extremely difficult or even impossible.

To collect receivables in court, the creditor spends additional material resources:

• state duty for filing a statement of claim in court;
• payment for legal services to represent the interests of the company in court;
• support of enforcement proceedings for collection of receivables.

However, in fact, it is not possible to execute the court decision due to the debtor's lack of property. At the same time, each company can write off a hopeless one, that is, collect accounts receivable from legal entities for which the limitation period has expired, even without going to court.

The Ministry of Finance of Russia has repeatedly spoken about the possibility of writing off receivables with an expired limitation period, regardless of the fact of its reclamation from the debtor (letters dated 13.01.2009 No. 03-03-06 / 1/3, dated 25.11.2008 No. 03 -03-06 / 2/158, dated 21.02.2008 No. 03-03-06 / 1/124). In practice, the most popular basis for writing off accounts receivable is the expiration of the limitation period. In order to properly write off a debt with an expired limitation period, it is necessary to take a number of consecutive steps.

Step 1. Determine whether the statute of limitations for writing off receivables has expired

On the basis of paragraph 2 of Article 266 of the Tax Code of the Russian Federation, any debt to your company is recognized as hopeless if the statute of limitations has expired. In accordance with Article 195 of the Civil Code of the Russian Federation, the limitation period is the term for protecting the violated right.

According to the general rule for obligations with a specific deadline, the limitation period is three years and begins to be counted from the day following the last day of the debtor's performance date (Article 196, Clause 2, Article 200 of the Civil Code of the Russian Federation). Meanwhile, for some obligations, special terms have been established that differ from the general three-year term. Therefore, before writing off receivables, it is necessary to analyze the nature of the liability that has arisen, according to which the debt is to be written off.

In addition, before writing off receivables, you should check the presence / absence of documents that may indicate the termination of the limitation period. In particular, the signing of reconciliation acts with the counterparty and other documents confirming the recognition by the debtor of the obligation arisen, for example, the recognition of the claim, the change in the terms of the contract, interrupt the course of the limitation period.

Step 2. Prepare documents confirming the write-off of overdue receivables, carry out an inventory

In order for the controllers not to have any claims to the amounts of written off receivables, it must be remembered that the date of origin of the receivable and the expiration date of its limitation must be documented, and the debt itself must be written off based on the order (instruction) of the head of the organization.

For documentary confirmation of the date of origin of the receivable, one civil contract is not enough. The debt must also be confirmed by primary accounting documents, such as acts of services rendered, work performed, invoices, acts of acceptance and transfer of goods, payment orders in the event of an advance payment, and other documents.

Accounts receivable must be confirmed by acts inventory of accounts receivable .

Step 3. Determine the period in which the receivables are to be written off

Consider writing off accounts receivable in tax accounting. Accounts receivable are recognized as uncollectible and are subject to write-off in the tax (reporting) period in which the limitation period expired. According to the explanations of the financial department, accounts payable for which the limitation period has expired is accounted for as part of non-operating income on the last day of the reporting period in which this period expires (letter of the Ministry of Finance of Russia dated January 28, 2013 No. 03-03-06 / 1 / 38).

For profit tax purposes, hopeless accounts receivable , identified on the basis of the inventory, will be extremely difficult to take into account in a later period. Judicial practice proceeds from the fact that the taxpayer has no reason to write off receivables if the taxpayer did not write off the debt as of the date of expiration of the statute of limitations (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation No. 1574/10 of 15.06.2010).

Consequently, an inventory of accounts receivable should be carried out at the end of the reporting (tax) period in which such a debt will be written off.

In accordance with the Regulation on accounting and accounting statements in the Russian Federation, approved by order of the Ministry of Finance of the Russian Federation of July 29, 1998, No. 34n, the procedure for conducting an inventory, including the number of inventories in reporting year, the dates of their holding, the list of property and liabilities checked for each of them, is determined by the head of the organization, except for cases when an inventory is mandatory.

Thus, taking into account these provisions and on the basis of the order of the head, an inventory of accounts receivable is carried out at any time, for example, immediately before writing off, which is confirmed by an inventory of accounts receivable.

Step 4. We analyze the circumstances that can significantly affect the write-off of expired debt

Formation of a reserve for doubtful debts

There are several methods for creating a provision for accounts receivable:

• percentage of sales method;
• aging method;

When using the first method, a percentage of revenue is included in the reserve - for example, 1.5% per month.

In the second case, the entire debt is distributed according to the number of days of delay and the probability of non-repayment is estimated as a percentage.

Moreover, if there are few counterparties, you can take into account the debt for each counterparty / contract.