How to get money back
There may be various reasons why you need to return the money, for example:
- excessive transfer of funds;
- erroneous transfer;
- termination or modification of the terms of the contract.
To return money if you have overpaid or get it back due to the return of a low-quality product, you must send a request to the supplier. This may be a letter for a refund due to the refusal of the goods or due to an error in the transfer of funds.
Legal regulation
When making payments, an organization may allow an overpayment due to:
- inattentiveness of employees filling out documents;
- unreliability of information from the accounting service about the amount of payment.
Transfer of excess funds can be carried out:
- employee of the organization;
- to the counterparty;
- government agencies (treasury, tax service, inspectorate, etc.).
The obligation of a person who unreasonably receives any property from another entity to return it is provided for in Article 1102 of the Civil Code of the Russian Federation. When an organization transfers excess funds, the person who receives such amounts receives an illegal material benefit.
Even if funds in excess of the norm are transferred by the organization independently, the receipt of such a benefit by another entity is unreasonable and on the basis of Art. 309 of the Civil Code of the Russian Federation creates an obligation to return overpaid amounts.
Unilateral refusal to fulfill obligations and unilateral changes in its conditions under current legislation are not allowed, regardless of who receives these sums of money. Therefore, when an error is identified, the affected company may resort to various methods to protect its interests. And first, on behalf of the organization, a notice must be sent to the enriched entity.
How to make a requirement
There is no unified form for such a letter. An application for a refund is drawn up in free form, on company letterhead, which indicates:
- bank details where the excess transferred funds will be received;
- the reasons why the money was transferred incorrectly or an overpayment occurred;
- transaction details: agreement, payment order, amount;
- expected date of receipt of funds;
- signature and transcript of the full name of the responsible person - the head of the organization.
Application template
Application for overpayment
Application for return of advance payment
In order to resolve disagreements with the supplier, we recommend attaching a settlement reconciliation report to the letter.
Sample reconciliation report
When drawing up a request and a reconciliation report, be sure to make a reference to the contract.
Comments: 45
Your comment (question) If you have questions about this article, you can tell us. Our team consists of only experienced experts and specialists with specialized education. We will try to help you in this topic:
Author of the article Irina Rusanova
Consultant, author Popovich Anna
Financial author Olga Pikhotskaya
- Gennady
02/10/2022 at 05:47 I paid for utilities not in housing and communal services, but the settlement and analytical center how to return
Reply ↓ Olga Pikhotskaya
02/10/2022 at 11:07Gennady, hello. Contact the bank through which you made the transfer.
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02/10/2022 at 02:37
Hello, I transferred the payment instead of housing and communal services, for major repairs, will it be possible to either return it or transfer it to housing and communal services?
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- Olga Pikhotskaya
02/10/2022 at 02:44
Andrey, hello. Contact your bank to change your payment details.
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12/13/2021 at 23:15
When paying for studying at a university, the payment was made to the account of another university in another city. We learned about the mistake half a year later. Tell me what steps need to be taken?
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- Anna Popovich
13.12.2021 at 23:33
Dear Sergey, contact the recipient of the funds, the payment can be returned, since you did not receive educational services from the university to which the funds were transferred.
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12/10/2021 at 02:41
Using the barcode at the ATM, they mistakenly transferred money for rent to another person’s account instead of 3 thousand for my own rent, it took me 65 thousand, because this person’s receipt included the same amount. How can I make a refund?
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- Anna Popovich
12/13/2021 at 16:14
Dear author, if a technical error was made, please contact the bank through whose ATM you made the transaction.
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10/16/2021 at 07:55
Hello! I pay a loan at Home Bank. On October 12, I transferred money from a Sberbank card using the agreement number, and on October 15, Home Bank called me to pay the debt. It turned out I sent it to Alfa Bank by mistake. I do not have accounts in Alfa Bank, I am not a client of Alfa Bank. What should I do?
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- Olga Pikhotskaya
10/16/2021 at 14:18
Raisa, good afternoon. If the details are invalid, the payment may be automatically returned. If this does not happen, you need to contact the Sberbank support service using the short number 900 or via mobile banking (write to the operator in the chat) and submit a request to withdraw or search for the payment. You may have to contact Alfa-Bank and find out where the funds were received.
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10/13/2021 at 02:09
A friend sent money to the account; scammed as if someone was trying to take out a loan, under the guise of law enforcement agencies monitoring this issue. Is it possible to return the funds?
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- Anna Popovich
10/13/2021 at 02:18
Dear Elena, you need to file a statement with the police; the bank will not be able to cancel the payment if it was made voluntarily.
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10/12/2021 at 00:12
please tell me, if the bank credited the loan money to a transit account, which the bank claims is considered mine, can the bank return this money, and I, in turn, refuse it, but the commission amount has already been paid by me
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- Anna Popovich
10.20.2021 at 02:43
Dear Aida, unilaterally - no. But if it turns out that the transfer was made in error, the funds will be returned.
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01.10.2021 at 14:38
Hello, I transferred money to the wrong bank, is there a chance of getting it back?
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- Olga Pikhotskaya
01.10.2021 at 19:54
Olga, hello. Contact the bank through which you made the transfer. It may be possible to cancel the operation or clarify (change) payment details. As a rule, if a client tries to transfer money using non-existent details, the payment is automatically returned within a few days.
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08/25/2021 at 12:43 pm
Good afternoon. I made a transfer from my Internet+ bank account to my account in another bank through the fast payment system without using a phone number. The bank transferred the money not to my account, but to the account of a third party. I left requests to the bank on the hotline, but the bank refuses to return my money to me, claiming that I myself transferred it to a third party and I need to contact this person myself. I went to the bank branch so that they would give me printouts of checks for transfers and statements. At the branch they told me that they couldn’t print checks and couldn’t see the details of the person to whom my funds were sent, except for their first and middle names. Accordingly, I cannot contact this third party. What to do, please tell me.
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08/10/2021 at 17:13
Good afternoon. An erroneous transfer was made from card to card of one bank. Literally within an hour from the moment of the transfer, both the sender and the recipient contacted the bank operator. the recipient of the transfer does not mind canceling the payment, but the bank does not allow this to be done. According to the bank operator, the card has not been seized. tell me what else can be done
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- Olga Pikhotskaya
08/10/2021 at 17:58
Alina, good afternoon. If you were able to contact the recipient, you can ask him to return the money (make a transfer using the sender’s details - phone number, card number, etc.).
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07/26/2021 at 18:25
good afternoon
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07/23/2021 at 12:15
I mistakenly sent a transfer of funds to the account of a stranger. Can I return them?
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- Olga Pikhotskaya
07/23/2021 at 12:49
Natalya, good afternoon. Contact the bank through which you made the transfer. The staff will tell you what options are available.
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07/18/2021 at 23:57
Good evening, I accidentally sent money to another account. It’s my mistake I didn’t check this. Now it’s the subscriber who’s not responding. WhatsApp has added a black list to me. What should I do
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- Anna Popovich
07/19/2021 at 15:07
Dear Dinara, unfortunately, you cannot use chargeback or return funds otherwise without the consent of the recipient.
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07/15/2021 at 11:32
Good afternoon 20 days ago my wife transferred a very large sum to the scammers in cash through a terminal to a phone number. Is it possible to get the money back?
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- Olga Pikhotskaya
07/15/2021 at 12:09
Ivan, good afternoon. The likelihood of a refund is very low. You need to contact law enforcement.
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Ivan
07.15.2021 at 14:37
Thank you
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07/07/2021 at 22:20
I have a question, I accidentally transferred the rent for the Apartment. To another management company with other details. And I can't find their address! Is it possible to make a refund through the bank?????
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- Olga Pikhotskaya
07/07/2021 at 22:21
Svetlana, hello. You can contact the bank with a request to cancel the erroneous transaction.
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Svetlana
07/08/2021 at 01:20
But they tell me that the money is already in the account of this management company. And nothing can be done. But 2 months have also passed. In general, my head is spinning, the amount is large.
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Olga Pikhotskaya
07/08/2021 at 01:52
Svetlana, you need to find the recipient’s contacts and contact the accounting department, provide a receipt for the erroneous transfer of funds.
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07/07/2021 at 18:58
Hello, I topped up another person's balance, the number is disconnected or blocked, how can I get the money back? I found out that they have already been transferred to other cards, I probably need to contact the police. ?
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- Anna Popovich
07/08/2021 at 02:40
Dear Vitaly, as an option, you can contact the police, but if you have not become a victim of fraud, then such a statement will not make sense.
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06/07/2021 at 15:17
Tomorrow I want to go to the Megafon office to apply for a refund of 500 rubles, which were received by another addressee who does not respond. Which Sberbank should I contact? Thank you.
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- Anna Popovich
06/07/2021 at 17:13
Dear Valentina, it will not be possible to return funds this way. The bank will not be able to recall the payment from the recipient's card.
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05/06/2021 at 19:58
Hello! When paying a bill, the Sberbank application automatically identified an organization that had the same name in the same region, but the cities were different. The money has been written off. A week has passed. It turned out that the money went to the wrong place. We managed to find out the address and full name. But the Internet reports that the LLC is no longer operating. There is no way to contact this person to whom the account is registered. How to return money, where to go? Help me please!
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- Anna Popovich
05/07/2021 at 20:07
Dear Yulia, first of all, contact Sberbank directly with a detailed description of the situation. You can consult the bank support via the short number 900 about the procedure for contesting a payment.
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05.05.2021 at 11:49
When paying for TKO services, I accidentally sent money using the old account details. Then I realized that I was mistaken. How is it possible to cancel a payment and get the money back?
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- Olga Pikhotskaya
05.05.2021 at 13:54
Vladimir, good afternoon. You can contact the support service of the bank through which you made the payment. If the details are no longer valid, the money must be returned.
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Marina
05.26.2021 at 19:29
Hello, I have this situation. I am paying a loan to the bank, Renaissance Credit.” The last time I paid off the loan, the money went through the wrong details. Debiting money from a Sberbank card. The money was transferred to the Otkritie bank account. I contacted both Otkritie and Sberbank, wrote applications, my applications were reviewed. No money was found in the Otkratie bank. What to do next? How to return money to the card?
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Olga Pikhotskaya
05/27/2021 at 02:23
Marina, hello. Have you contacted Renaissance Credit Bank? Where exactly was the mistake made in the details, BIC of the recipient bank?
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04/30/2021 at 15:42
Hello, please tell me, I recently paid off a loan through Yandex. I needed to pay for a holiday and I sent the opening to the bank, the account number was indicated by VTB Bank, will I get the money back?
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- Anna Popovich
05/01/2021 at 02:04
Dear Olga, since several banks are involved, it is necessary to find out where exactly the money was ultimately transferred. Next, contact the support service of the desired bank and clarify the possibility and procedure for returning funds.
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04/09/2021 at 18:46
I wanted to receive payment for goods through Yandex. Delivery. I had to provide my MIR card details. First, part of the amount was transferred to Tinkof. Then, through the recommended link, I received a supposed refund of this money. But during registration, the amount was again debited from my card, now to Otkritie Bank. Each time I received SMS codes to complete the transaction. And instead of receiving it, the money was debited from the card. Is it possible to return this money? Or are they completely lost? I blocked the card.
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- Anna Popovich
04/09/2021 at 19:21
Dear Olga, if the funds were written off several times, we recommend that you contact the recipient and clarify the reason for the repeated write-offs. You can also contact Yandex.Delivery support by phone (daily from 9:00 to 22:00 Moscow time).
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Reflection of transactions in accounting
Let's consider the procedure for recording transactions in accounting accounts on the part of all participants in the transaction:
№ | Situation | Provider | Buyer |
1 | Excessive advance payment | Dt 51 Kt 62 - advance payment received; Dt 51 Kt 76/2 - excess amount received. | Dt 60 Kt 51 - prepayment transferred; Dt 76/2 Kt 51 - excessively transferred amount. |
2 | Incorrect enumeration | Dt 51 Kt 76/2 - erroneously received amount. | Dt 76/2 Kt 51 - erroneously transferred amount. |
3 | Termination or change of contract terms | Dt 51 Kt 62 - prepayment received. | Dt 60 Kt 51 - advance payment is transferred. |
When erroneous payments are returned, reverse accounting entries are made.
Nuances of accounting under the simplified tax system
Often, the supplier has disagreements with the tax authorities about the taxation of excess revenue. The fact is that the tax base is formed upon payment, i.e., at the time the money is received, income arises.
In case of erroneous or excessive transfer of payments, the amounts received are not taken into account when generating taxable income (clause 1 of Article 346.15 of the Tax Code of the Russian Federation). Until the circumstances are clarified, these funds do not fall under the definition of income from sales or non-operating income (Articles 249, 250 of the Tax Code of the Russian Federation).
The above does not apply to advances returned due to termination or change in the terms of the contract. At the time of receipt of the prepayment, the taxpayer has an obligation to increase income. When collecting advances received from buyers for the refunded amount, the income of the period in which the funds were returned is reduced (clause 1 of Article 346.17 of the Tax Code of the Russian Federation).
Extrajudicial procedure for erroneously transferred funds
It is not always possible to return money transferred by mistake out of court.
You will be able to return the money if it is transferred to your account and you contact the bank in a timely manner, pointing out the erroneous transfer of money. In this case, the bank, until the money has arrived in the third party’s account, will be able to return the money to the person who mistakenly transferred it.
If the money did go to a third party, then the bank will not be able to help with its return. However, you can contact the person who unreasonably received the transfer and ask him to return the money received. A conscientious person will probably return the money back, and thus the issue will be closed, and there will be no need to go to any court.
Well, if none of the above options will help you get your money back without going to court, then you will need to apply for judicial protection of your rights and then, with the help of bailiffs, “knock out” your money.
USEFUL : read the link on how to make a claim with our help for the return of erroneously transferred money in favor of a third party
Payment return period
Erroneously or excessively transferred payments are returned within seven days from the date the creditor submits a demand for its fulfillment (clause 2 of Article 314 of the Civil Code of the Russian Federation).
In cases of unlawful withholding of funds and evasion of their collection, interest is charged on the amount of the debt in accordance with the rules set out in clause 1 of Art. 395 of the Civil Code of the Russian Federation and clause 5 of the Review of the practice of considering disputes related to the application of rules on unjust enrichment (Information letter of the Supreme Arbitration Court of the Russian Federation No. 49 dated 01/11/2000).
Similar appeals for calculating interest are applied upon termination of a contract for the supply of goods (clauses 3–4 of Article 487 of the Civil Code of the Russian Federation).
To avoid paying interest for using someone else’s money, pay attention to the date of the document and fulfill your obligations no later than seven days.
A different legal situation arises in the event of the return of the advance upon termination or modification of the work contract. The organization that received the advance payment began to carry out the work. In this case, the contractor must prove that at the time of receipt of the notice of termination of the contract, part of it has already been completed. If this condition is met, the contractor retains part of the established price in proportion to the part of the work performed before receiving notice of the customer’s refusal to fulfill the contract, and compensates for losses caused by termination of the contract (Article 717 of the Civil Code of the Russian Federation).
Compilation deadlines
The Civil Code of the Russian Federation does not contain any mention of the maximum time limit for sending an appeal with a demand for the return of unjustifiably received amounts of money. Based on the general statute of limitations, an application to a person who has unjustifiably enriched himself can be filed within three years from the moment the organization learned or should have learned about the excessive payments made.
However, it is considered in good faith to notify the counterparty within a reasonable time after identifying an accounting error. In civil law, this period usually does not exceed 7-10 days.
To whom is it sent and how is it transmitted?
A letter about excessively transferred funds must be sent to the manager, even if it is signed by an accountant or other specialist of the affected organization. No one other than the manager can give orders for the payment of funds to third parties. And it is better for the chief accountant not to take on such responsibility.
The person who has received unjust enrichment may not satisfy the request stated in the document. In this case, the organization sending the letter must take care of evidence that the addressee received the request. Therefore, it is better to send a refund notification:
- through the office or reception of the head, provided that the second copy of the letter is affixed with a company stamp, date and signature of the employee who received the document;
- according to the acceptance certificate, which will indicate the signature of the official who received the letter;
- by a valuable letter with a description of the addition, if the counterparty refuses to independently accept the notice.
If the funds are not returned voluntarily by the counterparty, the refund of overpaid amounts must be made in court.