The company's supplier requested that payment for the shipment of goods be transferred not to his bank account, but to his landlord. He explains this by saying that he must pay off his rent arrears, but currently has no available funds. Can a company in such a situation make payment for another legal entity? Yes, today there is nothing unusual in such a request. After all, the law allows business entities to pay their obligations not only directly. It is quite acceptable that another organization transfers funds on behalf of the debtor.
Legal basis
The debtor's right to transfer the obligation to pay for it to a third party is provided for by the Civil Code. This is stated in Article 313. A reservation is also made that this is legal in the event that any other laws or conditions of the paid obligation do not require that the debtor fulfill them strictly independently. Such conditions, for example, may be included in the contract. But most often there are no obstacles to attracting a third party to pay.
How safe is it in terms of audits of the paying organization? Will the Federal Tax Service inspectors have any complaints that the company made payments for another legal entity? Practice shows that if the operation is properly executed, inspectors usually do not have any questions. And if they do arise, they are very quickly “closed” with supporting documents.
Who can pay taxes for whom?
The law today does not establish any restrictions on who and under what conditions can pay tax for another person. Company taxes can be paid by any other organization, entrepreneur or just an individual.
The new rules make it possible to avoid sanctions for late payment of mandatory payments. For example, today is the last day to pay taxes, and the company does not have enough funds in its accounts. Just a year ago, such circumstances would have led to her having to pay late fees. Now, any person, for example, a director from his personal account, can fulfill the company’s obligation.
Sample letter when one organization pays for another organization
OR “We guarantee the return of funds,” etc.) Chief accountant of LLC “Dolzhnik” /full name/ General director of LLC “Dolzhnik” / full name/
1. In the payment order, in the purpose of payment, you must indicate: “Payment for Debtor LLC” according to letter No. from. for petroleum products according to contract. No. TK- »
2. If it does not clearly follow from the payment order that the payment was made for another person, a letter is required from the Payer (also in the original with “live” signatures): INN 6600000000 KPP 660000000 OGRN 1030000000000 620000, Ekaterinburg, st. Lenina, 1, r/sch. 00000000000000000000 in the bank » » BIC 044000000 kor/account. 30101800000000000000 tel (343) to: Ekaterinburg Processing Company LLC, TIN 6659123661, 620219, Ekaterinburg, st. Artinskaya 12B ref. No. from “date” month 2013
This is also important to know:
What are the rules for trading non-food products?
If it does not clearly follow from the payment order that the payment was made for another person, it is worth receiving a letter from the Payer (also in the original with “live” signatures): LLC “PAYER” INN 7800000000 KPP 780000000 OGRN 1080000000000190000, St. Petersburg, st. Pochtamptskaya, 1BIK 044000000 bldg. sch. 30101800000000000000 to: Recipient LLC 192000, St. Petersburg, st. Yakubovicha, 23. St. Petersburg ref. No. dated month 2011
We hereby inform you that we made payment order No. 000 dated “date” month year for the amount of so many rubles is a payment for LLC “Dolzhnik”, made on the basis of the letter of LLC “Dolzhnik” No. ... dated “date” month year. Chief accountant of Payer LLC / Ivanova O.S. General Director of Payer LLC / Sidorov P.P. A reservation is also made that this is legal in the event that any other laws or conditions of the paid obligation do not require that the debtor fulfill them strictly independently. Such conditions, for example, may be included in the contract. But most often there are no obstacles to attracting a third party to pay. How safe is it in terms of audits of the paying organization? Will the Federal Tax Service inspectors have any complaints that the company made payments for another legal entity? Practice shows that if the operation is properly executed, inspectors usually do not have any questions. And if they do arise, they are very quickly “closed” with supporting documents. How to make a payment for another legal entity? The legislation did not provide for any special form or type of document that would formalize the payment procedure under consideration.
Current legislation (Article 313 of the Civil Code of the Russian Federation) provides for the possibility of fulfillment of an obligation by a third party. So, for example, if the debtor organization lacks money, the debtor can ask another organization to pay the creditor for him. Receiving payment is beneficial to the lender, but difficulties often arise in processing such payment. Fulfillment of the obligation to pay for another person is possible in two cases:
- At the request of the debtor, if the nature of the obligation does not imply that the debtor is obligated to fulfill the obligation personally.
- In the event that a third party is in danger of losing his property.
Thus, any organization can ask another organization to make a payment for it (to fulfill a monetary obligation), and the receipt of such money in our current account will be the proper fulfillment of the payment obligation. Operation in the payer's accounting How to correctly reflect payment for another legal entity in accounting? The postings will depend on how exactly the payment made is counted. The most common situations are:
- payment for your supplier: Dt 60 - Kt 51;
- payment for the person from whom the loan was taken: Dt 66 (67) - Kt 51;
- payment for a “friendly” company that is not a counterparty (for example, both organizations belong to the same person): Dt 76 - Kt 51.
Tax payments You can pay for another person not only for the obligations that he or she has under an agreement with counterparties. Recently, tax and other obligatory payments can be transferred in the same way. Previously, the tax service considered this option unacceptable - the taxpayer was obliged to pay his taxes independently.
How does legislation affect the nuances of accounting for payments to a third party?
The order of accounting entries made when paying for third parties may be influenced by legal regulations.
The law does not prohibit a company or individual entrepreneur from paying off the obligations of third parties. The subtleties of this procedure are described in Art. 313 Civil Code of the Russian Federation. But there is a limitation for such an operation - the presence in the law or agreement between the parties of a clause on the mandatory fulfillment of obligations personally by the participants in the transaction. If such a condition exists, additional entries in the accounting of counterparties will not be needed - all transfers under the agreement will occur without the participation of third parties.
Although no one prohibits a third party from financially supporting the debtor. This person can transfer money to pay off the debt, for example, as part of a loan agreement. In this case, settlements between the debtor and the third party will be made within the framework of the loan agreement using the accounting entries inherent in this type of agreement.
Accounting for debt repayment by a third party
An example will show how to reflect debt repayment transactions by a third party.
This is also important to know:
How to write a response to a claim and within what time frame
Example Alpha LLC rents an office from Company LLC. The monthly fee under the contract is 100,000 rubles. (without VAT). Alpha LLC shipped goods to Gamma LLC. The selling price of the goods was 100,000 rubles. (without VAT). The cost of goods is 70,000 rubles. "Alpha" sent a letter to "Gamma" with a request to transfer the debt for payment of goods to LLC "Company" to pay off the rent. The funds were transferred.
All organizations are not VAT payers due to the use of a simplified tax system
These transactions will be reflected in Alpha’s accounting records as follows:
Debit 62 Credit 90-1
— 100,000 rub. – Gamma’s debt for goods supplied is reflected;
Debit 90-2 Credit 41
— 70,000 rub. – the cost of shipped goods is written off;
Debit 44 Credit 60
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— 100,000 rub. – reflects the rent and debt to the lessor – “Company”;
Debit 60 Credit 62
— 100,000 rub. – debts were repaid after receiving a copy of the payment order for the transfer of funds from Gamma.
Examples of documents for processing payment from another organization:
From the debtor:
Letter from the debtor to the Payer (the letter must be in the original, with “live” seals and signatures:
LLC "DOLZHNIK" INN 7800000000 KPP 780000000 OGRN 1080000000000 190000, St. Petersburg, st. Pochtamptskaya, 1 BIK 044000000 bldg. sch. 30101800000000000000 | ||
to: Payer LLC Address, TIN copy: Recipient LLC 192000, St. Petersburg, st. Yakubovicha, 23. | ||
Saint Petersburg | ref No. ____ from “date” month 2011 | |
Please pay the supplier LLC "Recipient" INN: ... KPP ... OGRN .... checking account …. in such and such a bank, correspondent account..., BIC..., to pay off the debt to us such and such an amount.” Chief accountant of LLC "Dolzhnik" __________________ /Sidorova O.S. General Director of LLC “Dolzhnik” _______________/ Petrov P.P. |
From the Payer:
In the payment order, in the purpose of payment, you must indicate: “Payment for LLC Debtor INN ... according to letter No. ... dated ... for the goods delivered.”
If it does not clearly follow from the payment order that the payment was made for another person, it is worth receiving a letter from the Payer (also in the original with “live” signatures):
LLC "PAYER" INN 7800000000 KPP 780000000 OGRN 1080000000000 190000, St. Petersburg, st. Pochtamptskaya, 1 BIK 044000000 bldg. sch. 30101800000000000000 | ||
to: Recipient LLC 192000, St. Petersburg, st. Yakubovicha, 23. | ||
Saint Petersburg | ref No. ____ from “date” month 2011 | |
We hereby inform you that we made payment order No. 000 dated “date” month year for the amount of so many rubles is a payment for LLC “Dolzhnik”, made on the basis of the letter of LLC “Dolzhnik” No. ... dated “date” month year. Chief accountant of Payer LLC __________________ /Ivanova O.S. General Director of Payer LLC _______________/ Sidorov P.P. |
Forms for letters:
- Letter for payment of a legal entity for a legal entity
- Letter for payment from a legal entity for an individual
- Letter for payment by an individual for a legal entity
- Letter for payment of an individual for an individual
Payment of debt by a third party in 1s 8.3 accounting
InfoOperation in the payer's accounting How to correctly reflect payment for another legal entity in accounting? The postings will depend on how exactly the payment made is counted. The most common situations are:
- payment for your supplier: Dt 60 - Kt 51;
- payment for the person from whom the loan was taken: Dt 66 (67) - Kt 51;
- payment for a “friendly” company that is not a counterparty (for example, both organizations belong to the same person): Dt 76 - Kt 51.
Tax payments You can pay for another person not only for the obligations that he or she has under an agreement with counterparties. Recently, tax and other obligatory payments can be transferred in the same way.
Previously, the tax service considered this option unacceptable - the taxpayer was obliged to pay his taxes independently.
We issue a payment order, based on it you can create a bank statement with the type debit from the current account - payment to the supplier. Here the recipient of the payment is indicated, in our example, Kaktus LLC, the agreement (you can simply indicate the main agreement, since we do not have an agreement with Kaktus LLC), the cash flow item and the amount. According to the document, a posting will be generated: Dt 60.02 Kt 51, that is, the payment amount will go to the advances issued.
If we open the balance sheet for account 60, we will see our debt to Tonus LLC (on credit) and the debt of Cactus LLC to us (debit). Now we need to offset these debts. To do this, use the “Debt Adjustment” document, located on the “Purchases and Sales” tab in the “Settlements with counterparties” section. Select the type of operation “Advance offset” and click on the “Create” button.
In the header of the document we indicate that the advance payment to the supplier must be offset against the debt of our organization to a third party. In the supplier (debtor) column we indicate Kaktus LLC, since this company owes us due to the advance payment. In the third party (creditor) column we indicate Tonus LLC.
Let's go to the tabular part of the document. Here, on the “Advances to supplier (accounts receivable)” tab, click on the “Fill in” and “Fill in advances for mutual settlements” button. There will be a debt of Cactus LLC to Veda LLC, attributed to advances. On the second tab “Debt to a third party (accounts payable)” we do the same; the debt of Veda LLC to Tonus LLC will be reflected here. After the document is completed, a posting will be generated: Dt 60.01 Kt 60.02 and the debt of Cactus LLC and to Tonus LLC will be closed.
Important: Sometimes, in the case of an existing debt to a supplier, the latter may ask to make payment not to his account, but to the account of a third organization indicated by him, in which case the debt is paid to a third party. The fact of payment is usually formalized by an additional agreement to the contract or a letter with the details of the payee. Payment of debt to a third party in 1C Accounting 8 edition 3.0. is reflected as follows. A payment order is drawn up, which indicates the details of the third party and on the basis of which the payment is made (additional agreement or letter). The payment order does not generate a transaction and is located on the “Bank and Cash Desk” tab in the “Bank” section. For example, Veda LLC received from Tonus LLC under contract 12 goods worth 118,000 rubles. The goods have not been paid for. Tonus LLC sent a letter with a request to pay the amount owed to Cactus LLC.
Main features of the operation
The Civil Code of the Russian Federation does not say anything about the procedure for processing debt payment by a third party. The algorithm used was formed by practice. It consists of the following stages:
- The company sends a letter to its debtor with a request to pay his debt.
- The debtor transfers his funds to the main creditor. The order specifies the appropriate purpose of the payments - payment for the debtor.
A letter of request and an order with an appropriate note are all confirmation that the company has paid the debt for another organization. The presence of these documents is important, since without them, the company that paid off the debt can begin to collect the paid funds from the recipient. The basis is the enrichment of the creditor resulting from an erroneous payment. Without supporting documents, both the main debtor and his creditor bear the risks. If the company begins to collect funds, the debtor will have to pay the debt to the creditor himself.
IMPORTANT! An entrepreneur cannot control what a third party indicates in his payment order. Therefore, it is doubly important to draw up a letter of request and take confirmation of its receipt. The paper will serve as proof of the operation. Proper documentation is a way to reduce all possible risks.
The Federal Tax Service advises drawing up agreements for paying taxes and contributions for a third party
The Federal Tax Service of Russia proposed drawing up an agreement for individuals and organizations paying tax for third parties, according to which one company will pay taxes or contributions for another (letter dated September 15, 2022 BS-4-21/18529). In 2022, the taxpayer is obliged to pay taxes independently from your current account or with the help of another third-party individual (clause 1 of Article 45 of the Tax Code of the Russian Federation). You should know that when defining the concept of “other person” you must be guided by clause 2 of Art. 11 of the Tax Code of the Russian Federation on the definition of the concept of “person (person)” for the purposes of acts of legislation on taxes and fees.
In accordance with this norm, a person within the framework of the Tax Code of the Russian Federation can be an individual or an organization. There are no rules according to which organizations must document the payment of taxes in the Tax Code. Contractual relations with taxpayers can be regulated on the basis of civil law, taking into account the principle of freedom in the establishment by participants of the relevant relations of their rights and obligations on the basis of an agreement (for example, an agency agreement, etc.)
Organizations choose the form of this document independently; there is no approved form. Alternatively, you can enter into a contract of agency. The main condition is that the provisions of the concluded agreement do not contradict Articles 1 and 421 of the Civil Code.
How to issue a payment order to pay tax for another legal entity?
Example
Alliance LLC must transfer 18,155 rubles to the budget. Personal income tax from his salary for February, but there are no funds in his current account, therefore, by mutual agreement, Volna LLC transfers the tax for him. When filling out the payment form, we will be guided by the information of the Federal Tax Service of the Russian Federation “On tax payments transferred by another person” and the letter of the Federal Tax Service of the Russian Federation dated March 17, 2017 No. ZN-3-1/1850.
Please pay special attention that in the fields “TIN of the payer” and “KPP” you must indicate the TIN and KPP of the organization for which the tax is paid (in our example LLC “Alliance”), and in the field “Payer” the name of the one who pays (LLC "Wave"). At the same time, in the “Purpose of payment” field, you need to indicate the INN and KPP of the person who pays (Volna LLC), and then the name of the organization for which the payment is made (Alliance LLC). Information about the taxpayer is separated from other information by the sign “//”.
In field “101” in this case, no special status of the payer is provided; it is indicated depending on the status of the person whose obligation to pay tax is fulfilled (Alliance LLC): 01 – when paying for a legal entity.
Otherwise, the payment order when paying taxes for another legal entity is filled out as usual.
Repayment of debt by third parties
Good day. Here's the thing. in February 2012, he gave a friend an amount of 500 rubles against a receipt. It was formatted correctly, it seems to me. My name, his name, the name of a third party, return dates, etc. The conditions were as follows: he would repay the debt in equal shares on the sixth day of each month, and would repay it in full in May 12. There was not a single payment on the debt during this time.
Go to court with a claim to recover funds, interest on the loan agreement and interest for the use of someone else's currency.
Rules for drawing up a letter of guarantee for payment
A letter of guarantee for payment may contain a request for the supply or performance of services and guarantee their timely payment. In this case, it will begin with the words “Please complete” and the last paragraph will indicate “Payment is guaranteed.”
For a letter containing only a payment guarantee, the beginning will be “We guarantee payment.”
Next, list the goods or services that became the subject of the conclusion of a bilateral agreement. Indicate the transaction amount in figures and words, as well as the deadlines for payment of the specified amounts.
Letter of transfer of funds for another organization
And the addressee of the letter, that is, the paying organization, should receive its original. So, the main document for making payment for another legal entity is a letter, a sample of which is presented in the following image. Reflection in the tax accounting of the payer The company has paid the obligations of its counterparty, and now this operation must be reflected in the accounting. First, let's consider whether this will have any tax consequences for the payer. If the company is on the OSN, then in some cases it can offset VAT on the transferred amount. The operation will not entail any other tax consequences.
Can your organization pay a bill for another organization?
When making a payment for an invoice for another company, you must have a letter from the purchasing organization with a request to make the payment to the account of a third-party organization and indicate by which account number the payment should be made, for what total amount, and the details of the supplier company. In the purpose of payment you should indicate the following: “Based on a letter for the purchasing organization.”
You, as a third party organization, are required to write a letter addressed to the general director of the supplier company. The letter must indicate the following: the name of your organization, INN, KPP, date, amount, which account number you paid for, please count it against the payment for the buying company, INN and KPP of the buying company.
Article 313 of the Civil Code of the Russian Federation provides for the possibility of fulfillment of obligations by a third party. It is prohibited to make payment through a third party if the agreement between the supplier company and the buyer company states that the obligation to pay the invoice lies with the buyer company and payment through a third party is prohibited. The same article contains a clause regulating the issue of third party liability for non-monetary shortcomings.
Total: you must have the originals of two letters with wet seals and signatures. The first letter is a request from the purchasing company to make a payment on its obligations. The second letter is addressed to the supplier organization with a request to offset against payment the funds paid by you for the obligations of the purchasing company.
Letter of transfer of funds to another organization sample
How to correctly reflect payment for another legal entity in accounting? The postings will depend on how exactly the payment made is counted. The most common situations are:
- payment for your supplier: Dt 60 - Kt 51;
- payment for the person from whom the loan was taken: Dt 66 (67) - Kt 51;
- payment for a “friendly” company that is not a counterparty (for example, both organizations belong to the same person): Dt 76 - Kt 51.
Tax payments You can pay for another person not only for the obligations that he or she has under an agreement with counterparties. Recently, tax and other obligatory payments can be transferred in the same way. Previously, the tax service considered this option unacceptable - the taxpayer was obliged to pay his taxes independently. To offset VAT, the following conditions must be met:
- the company transferred funds for its supplier as an advance payment;
- the agreement on the basis of which the company and the supplier operate contains an advance payment clause;
- the supplier has given instructions to pay its obligations (the letter mentioned above) and issued an invoice;
- there is a payment document confirming the transfer of funds to the counterparty's creditor.
For a payer who uses the simplified tax system, accounting for the transaction will depend on the nature of the payment. If he had a debt to the person for whom he paid for the goods or services supplied, then it will be considered repaid (in whole or in part). In the event that the payer took out a loan with interest from his counterparty, they can be written off as expenses within the limits of the transferred amount. It follows from this that the initiative to pay in favor of a third party will most likely come from some counterparty of the company. For example, a supplier may ask a partner to pay off the debt for him under his agreement with a heat supply organization. The latter in this case is a third party for the organization that makes the payment. In this article we will consider such payments for which the payer is not the debtor.
Whether you want it or not, “Is this legal? What if the company doesn’t want to pay that much?” – these are the first questions that arise for a company’s accountant. To answer them you need to pay attention to the Civil Code.
It contains Article 313 “Fulfillment of an obligation by a third party.” Debt repayment. ATTENTION! The last entry is made only after receiving the primary document, that is, a copy of the payment order. The records should mention primary documentation confirming the operations performed. Possible risks Such almost circular debt repayment is characterized by a considerable number of risks:
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- The primary debtor sending the letter will refuse to acknowledge his request and that the debtor has made payment on his debt. The counterparty will have to repay the debt again.
- The counterparty will make the payment, however, after the creditor writes off his debt, he will return the funds on the basis of an erroneous payment.
Tax payments
You can pay for another person not only for the obligations that he or she has under an agreement with contractors. Recently, tax and other obligatory payments can be transferred in the same way. Previously, the tax service considered this option unacceptable - the taxpayer was obliged to pay his taxes independently. An exception was made only in very rare cases, for example, taxes for a reorganized entity could be paid by its legal successor.
However, at the end of 2016, amendments were made to the Tax Code that abolish this rule. So paying tax for another legal entity in 2022 is quite trivial. Thus, it is possible to pay tax payments, insurance premiums, state duties, both current accruals and debts for previous periods.
Letter on transfer of funds sample
Ref. __________ To CEO
Date _________ Romashka LLC 2017
Ivanov I.I.
LETTER ABOUT PAYMENT RECREDIT
We ask you to pay in the amount of ___________________________ rubles. amount in words _____________________________________ rub., according to account. _____________ dated _____________, offset against payment of invoice No. _____ dated ____________ in the amount of _________________ amount in words __________________________________________________________ or against the following payments.
Director
__________________________
Company name
______________ (__________ )
Stamp date
Sources:
- https://redtailer.ru/obrazets-pisma-kogda-odna-organizatsiya-platit-za-druguyu-organizatsiyu/
- https://otchetonline.ru/art/buh/43390-oplata-dolga-tret-im-licom-o
- https://businessman.ru/oplata-za-drugoe-yuridicheskoe-litso-kak-oformit-obrazets.html
- https://www.schischkov.ru/pages/24/57
- https://www.telros-telecom.ru/nashimclientam/samples.html
- https://assistentus.ru/vedenie-biznesa/oplata-dolga-tretim-licom/
- https://blognalog.com/uchet/oplata-dolga-tretim-litsom-oformleni.html
- https://warmedia.ru/payment-for-another-organization/
- https://yuridicheskayakonsulitatsiya.ru/kak-pravilno-sostavit-pismo-ob-oplate-za-druguju-organizaciju-skachat-obracec-28149/
- https://law-uradres.ru/pismo-o-perechislenii-denezhnyh-sredstv-za-druguyu-organizatsiyu/
- https://www.mdagroup.ru/tipovye-dokumenty/pismo-o-perezachete-oplaty.php
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