According to the act or according to the act - which is correct?

Information reflected in the accounting and reporting of an organization must be complete and reliable. Achieving these goals is facilitated by, among other things, periodic inventory of assets and liabilities.

In general, an inventory is carried out at least before the preparation of annual financial statements. But inventory calculations, as a rule, are carried out more often. Frequent inventory is especially relevant when settlements with suppliers and customers are systematic and diverse. Inventory of settlements is carried out by drawing up and agreeing with counterparties on acts of reconciliation of settlements.

The reconciliation act signed by the parties is a document confirming the status of settlements as of the date of its preparation and being the basis for making claims, incl. for a refund.

Refund of money according to the reconciliation report: letter

Of course, if, according to the organization’s information, its counterparty owes money, it can send a letter for a refund based solely on its accounting data without reconciling the balance with the counterparty. But it would undoubtedly be more correct to perform a preliminary reconciliation of the debt balance by drawing up a reconciliation report. In the event that the debt is confirmed by the counterparty, sending a letter to return the money will no longer be such a surprise, and therefore, as expected, the return of the money may take less time.

There is no single form for a refund letter. The organization draws it up in any form. It must indicate the basis on which the existence of the debt is confirmed (in this case, a reconciliation report), state a request for return, and also provide details for transferring money. You can also indicate the reason for the formation of the debt, since this may not be immediately visible from the reconciliation report, and also specify the period that you give to the counterparty to return the money.

How to print a reconciliation report in 1c

To return funds, some organizations (banks, government settlement authorities) ask you to fill out an application using a special form. In this case, the sample or form is issued by the organization itself.

When filling out this column, you should keep in mind that the maximum number of characters is set for it - 210. Such information is contained in Appendix 11 to the Bank of Russia Regulation “On the Rules for Transferring Funds” dated June 19, 2012 No. 383-P.

What is the purpose of the letter if the payment slip says the purpose of the payment is refund? The parties agreed that the organization would not transfer the debt, and a payment was received from the counterparty with the assignment of the debt according to the reconciliation report. How to write a letter to the supplier about the return of foreign currency funds based on the reconciliation report. The reconciliation report is a document in which it is indicated. Providing a deferred payment by the supplier.

In order to make changes to the payment purpose after the bank has executed a payment order, you should compose a letter indicating the details of the payment order and the text of the purpose, which is considered correct. This letter, registered and signed by the head of the enterprise, is transmitted to the counterparty.

CJSC "PANMAC", citing the fact that the products supplied by it during the contract period were not paid for in full by the defendant, filed this claim with the Arbitration Court of the Ryazan Region.

In field 60 “TIN of the payer” the 12-digit TIN code of Ivanov is indicated. In field 102 “Payer checkpoint” 0 is indicated.

Very often, companies cooperate over several contracts, each of which is drawn up for a specific job or - the value is “0” (since the payment relates to the current period, and the preparation of transport tax calculations is not provided for by the Tax Code).

According to Appendix 1 to Regulation No. 383-P, attention should be paid to indicating the purpose of payment in the payment order. Thus, the name of works, goods, services, details of contracts, invoices, invoices or other primary documents can be given here. If there is a payment (prepayment) for the sale of goods and materials or services, it is important to indicate the necessary VAT information.

Doing business rarely goes without cases when it is necessary to return previously paid amounts to the current account. In this case, the counterparty must send a letter requesting a refund. The reasons for the return may vary. In this case, you must exercise the right to demand a refund of previously paid funds to your current account.

Subject to deductions are the amounts of tax calculated by sellers and paid by them to the budget from the amounts of payment, partial payment on account of upcoming deliveries of goods, performance of work, provision of services sold on the territory of the Russian Federation, in the event of a change in the conditions or termination of the relevant contract and the return of the corresponding amounts of advance payments.

It is worth noting that there is no specific form that exists for entering data on reconciliation of mutual settlements. Each organization can independently draw up such a document at its own discretion.

Moscow LLC "Alfa" (TIN 7708123456) has a car on its balance sheet, which is registered at the location of a separate division in Kursk. A separate division of Alpha is registered with the Federal Tax Service of Russia in Kursk. Determining the amount of obligations not fulfilled by the defendant, the appellate court recognized as unfounded the conclusion of the trial court and the argument of Ryazan Cardboard and Ruberoid Plant CJSC about the plaintiff’s unlawful failure to include in payment for the waste paper supplied during the disputed period the payment made by the defendant under payment order No. 697 dated July 28, 2003 in the amount of 50,000 rubles.

We confirm the sending of the letter to the counterparty

The receipt of the letter by the counterparty must be documented. This information will be useful if your debtor does not pay on time and the money dispute will have to be resolved in court. By sending a letter you will confirm compliance with the pre-trial procedure for resolving a monetary dispute.

Therefore, a letter is needed:

  • or hand over in person against signature;
  • or send by registered mail with return receipt requested.

If electronic document management has been established with your counterparty, the letter can also be sent via TKS.

For a letter requesting a refund based on a reconciliation report, we will provide a sample of how to fill it out.

Form, sample reconciliation report and accompanying letter

A creditor is an unpaid debt of an organization, which is listed in accounting for goods received or services and work provided by third parties. In some cases, such debts remain unclaimed. In this article we will tell you how to write off an unclaimed debt.

Another common reason for initiating a refund procedure is errors made when preparing paper and electronic documents. They can be very diverse: technical errors, incorrect indication of any details, amounts to be paid, etc.

To correct incorrect information, the accountant must correct erroneous accounting entries, create correct entries and draw up an accounting statement. It indicates the erroneous transaction, the date of its identification and the posting of debt adjustment according to the reconciliation report.

To whom should the supplier issue an advance invoice in the case where the advance payment under the supply agreement was made not by the buyer, but by another organization, and with whom should a reconciliation report be drawn up in this case? The organization has concluded a supply agreement containing an advance payment condition; the organization is the supplier.

How to write a letter about debt repayment based on a reconciliation report (sample)

A market economy presupposes a constant relationship between various economic entities. Companies must continually communicate with each other, whether they are partners or competitors, suppliers or customers. Organizations are tied to economic relations, because at the heart of any business is the desire to make a profit.

It is quite natural that in the course of normal business processes between companies, accounts payable and receivable arise. And if debtors are irresponsible, sometimes they don’t even try to repay their debts on time, then creditors are always interested in getting their money. There are many ways to claim an overdue amount of debt in pre-trial proceedings. One of them is a letter of debt recovery based on a reconciliation report.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

Sample letters

Sample letter for refund 1

Sample letter for refund 2

Sample letter for refund 3

To confirm the arguments for the need to return funds, copies of payment documents should be attached to the letter. The letter is drawn up in two copies and recorded in the internal correspondence journal. One copy of the document must be sent to the addressee, the second is archived in the outgoing documentation of the enterprise division, the representative of which is its originator.

At the request of the enterprise management, the number of internal copies of the letter can be increased depending on how many departments require archival storage of its copy. Data on the number of copies of the letter at the enterprise must be included in the inventory of documents related to the execution of the contract.

A letter about the return of funds can be certified by a person who has the right to sign - the director (deputy director) or the chief accountant. The responsible executor (drafter of the document) must also put his signature. It is possible to return money previously paid to a counterparty or received for the supply of inventory items in several cases. Briefly about each of them.

According to the reconciliation report

In addition to payment documents, acts of reconciliation of mutual settlements between the parties can serve as the basis for sending a letter to the counterparty for the return of funds.

Sample act of reconciliation of mutual settlements

Regardless of the reason for which the receivables arose, reconciliation of payments for a certain period will make it possible to find out both the nature of the debt and the main reason for the error in accounting, financial and banking documents.

Due to an erroneous payment

Another common reason for initiating a refund procedure is errors made when preparing paper and electronic documents. They can be very diverse: technical errors, incorrect indication of any details, amounts to be paid, etc.

Sample letter in case of a technical error

It should be noted that the most common inaccuracy made by the compilers of payments and other documents is the incorrect indication of the recipient’s details. In this case, the bank institution becomes the third party in restoring the financial status quo. The reason is that the payment in this case will not go to the recipient’s account. Until all the circumstances are clarified, it will be recorded in the bank under the “unexplained payment” category.

Refund of advance payment (overpayment)

In some cases, contracts do not provide for payments in advance. A counterparty who mistakenly transferred an advance payment to the settlement account of the supplier of inventory items must take care of its return.

Sample letter for refund of advance payment

Due to refusal of goods

The management of the enterprise may have other reasons for sending a letter to the counterparty asking for the return of funds. Quite often, already at the delivery stage, force majeure circumstances arise, forcing the recipient to refuse the goods. If the counterparties do not have mutual claims, and the settlement of the dispute is not brought to court, the return is carried out on the basis of a similar document - a letter drawn up on behalf of the management of the receiving party.

Sample letter for refusal to supply goods

Refund of previously paid funds for goods not delivered

Prepayment is a guarantee of rights for the parties who entered into an agreement for the supply of goods and materials:

  • the supplier - that the payment will be made in a timely manner;
  • the buyer - that the delivery of the goods will be carried out in accordance with the terms of the agreement.

However, an unscrupulous supplier may refuse to fulfill its part of the contract and not deliver goods and materials.

A written application requesting the return of previously paid funds must be sent to the supplier at the end of the delivery period of the goods. It is necessary to indicate the details and attach copies of payment documents confirming the fulfillment of your part of the agreement.

Archival storage of business correspondence, which includes letters to counterparties about the return of funds, must be carried out for 5 years. Claim correspondence should be stored in a folder with a separate nomenclature. To register incoming and outgoing documents, you should create a separate logbook. The procedure for carrying out correspondence is established by the order on the accounting policy of the enterprise and the job descriptions of employees directly involved in the execution of instructions from management.

What is a reconciliation act

Each organization keeps records of all transactions performed. To ensure the correct accounting of what was received and spent, a company does not have only its own data. There is a special document for this.

A reconciliation report is an accounting document prepared by two organizations. It records all the movements that occurred between the counterparties. It also displays the total - the amount of debt of either party.

The reconciliation report is signed by the accountants of each company. A signature guarantees the correctness of the document and acknowledges the debt of the relevant party.

The reconciliation must be completed taking into account all rules and regulations. The signature of an authorized representative of the company must be present. Otherwise, the document will not have the necessary force to be used in court.

Assimilation of spoken language

Along with the simplification of phrases and sentences, clerical cliches penetrate into colloquial and literary language. On the one hand, this is quite convenient: there is a ready-made formula that is used in certain situations, prescribed by public and unspoken rules. Due to its frequent use, the phrase becomes a cliche and is applied locally and not very well. But if at the beginning of this process “inconsistencies” grated on the ears, today a mass addiction to them has already formed.

In addition, this style is quite convenient for a number of reasons:

  • there is no need to clarify anything, since the stamp is used in a certain semantic context;
  • the logic and accuracy of clericalism eliminates ambiguity, which is very useful in terms of drawing up some agreements;
  • in this case there is no place for the use of non-literary expressions;
  • any inappropriate emotionality is excluded: “nothing personal - just business.”

The formula “according to the act (or act)” corresponds to all the stated conditions, since in the context of the scope of its application any unnecessary additions are excluded. The sentence starting with this phrase states only dry facts and figures - and nothing superfluous.

What is a reconciliation debt settlement letter?

As a rule, companies try to find worthy partners. To regulate relations between business units, an agreement is concluded that has legal force. This document sets out the terms of the transaction.

Agreements are concluded with different contents:

  • for purchasing goods;
  • for the provision of services;
  • execution of work;
  • rental or leasing agreements;
  • purchase and sale of movable and immovable property;
  • construction contract, etc.

For all of the above, the buyer must pay according to the accepted conditions. But no one is immune from cooperation with a dishonest and irresponsible organization. Working with such entities risks that mutual settlements may not be made within the time period specified in the contract.

You can influence debtors in different ways:

  • overwhelm with calls and letters;
  • negotiate in person;
  • draw up a letter of claim;
  • file a lawsuit.

If there is a signed reconciliation report, the owner of the receivable must draw up a letter of payment of the debt according to the reconciliation report. Without this, it is impossible to seek legal protection.

A letter of claim is an effective and mandatory tool for dealing with debtors in pre-trial proceedings. In the absence of this document, the arbitration court will refuse to satisfy the claim.

Writing a letter means using all possibilities for resolving a conflict. On the way to receiving their funds, the creditor must take all measures to eliminate the need to go to court.

Purpose of payment in the payment order

The reconciliation report allows counterparties to verify the correctness of their mutual settlements. And often in the process of such verification an overpayment on the part of the buyer is discovered. Having a signed reconciliation report in hand, you can easily return overpaid funds by following a certain algorithm of actions.

The obligation of the payer of a particular tax is considered fulfilled from the moment the tax is credited to the budget. At the same time, incorrectly completed payment documents, even if there are sufficient funds in the person’s current account, may cause failure to fulfill such obligations. We consider the question in what cases it is necessary and what a sample letter to clarify the purpose of payment should look like.

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Rules for drawing up a letter of claim

The minimum required components of this type of letter satisfy the requirements:

  1. If there is an organization's letterhead, the letter must be written strictly on it.
  2. It is necessary to indicate the full name of the addressee, as well as his address (both legal and actual).
  3. The reconciliation report must be signed by both parties to the conflict. It must be indicated at the bottom of the letter, and if a claim is filed in court, it must be included as an attachment.
  4. The document must contain information about the contract number and the date of its conclusion.
  5. The exact amount of debt must be indicated according to the reconciliation report. The amount is written in numbers, in brackets - in words.
  6. It is necessary to clearly express the demand for a refund, but not in an orderly tone. For example: “We ask you to pay off the debt according to the reconciliation report.”
  7. Particular attention should be paid to the company’s own details. You must indicate the bank details to which the debt is expected to be repaid.

  8. In case of further appeal to the court, the creditor must immediately notify the debtor about this in writing.
  9. As with any other document, the date of its preparation should be indicated.
  10. The signature of an authorized person is required. This may be the general director or the person to whom the power of attorney has been issued to sign. Also, if there is a seal, the claim is certified by it.

You can view a sample letter for repayment of debt based on a reconciliation report on our website using the link.

It is also necessary to correctly convey the letter to the debtor:

  • through the post office by registered mail with notification or as a valuable letter describing the contents;
  • It is possible for the debtor or his representative to personally receive correspondence with a stamp, which must contain information about the name of the organization and the date of acceptance of the letter.

This is interesting: Sample notice of debt on utility bills 2020

Any sample letter for payment of debt under a reconciliation act must be issued in printed form on paper with a “live” signature and seal.

Purpose of payment: corrected believe

If the participants did not provide for such a clause, the law clearly defines the procedure for filing a claim. In this case, we use the phrase “letter of debt repayment.” The meaning of the two appeals is the same - solving the problem without resorting to judicial debate. The only difference between the appeal under discussion and the demand is the non-imperative tone of the text. The content may have various options for repaying the debt.

Required clauses in a debt repayment letter

  • Indication of the addressee in the upper right corner and the applicant’s own details;
  • Title of the letter, number, date of appeal and a brief description of the contents;
  • The narrative must begin with a polite address and briefly list the circumstances that occurred between the counterparties;
  • The following explains how the debt was created and the types of repayment;
  • A good argument would be the presence of a reconciliation report between the parties;
  • Debt repayment period;
  • Signature of an authorized person and contact information.

The letter of debt repayment stipulates the deadlines for fulfilling obligations, installment plans (if necessary), responsibility, and intentions to contact the Femida authorities. You should remember to collect all written evidence at this stage. Each document will be a good help during the proceedings. All messages to the debtor should be prepared in duplicate. The paper must be delivered against signature in person or by mail with a notification and a description of the attachment.

Within what time frame is the debtor obliged to repay the debt?

After delivering the letter to the debtor, the creditor can only wait. Even if you do not accept the creditor’s position or disagree with the demands made, the debtor is obliged to respond to it. The response letter may be supplemented by a request to extend the repayment period, as well as by providing a payment schedule and a repayment guarantee.

So, developments can go in three directions:

  • receiving a response to a letter;
  • debt repayment - transfer to the creditor's account of the full amount of debt from the counterparty;
  • inaction on the part of the debtor after a certain period, which is equivalent to a refusal to repay obligations, after which the case can be referred to the arbitration court.

Typically, the contract provides for a period for non-payment of the debt under the letter of claim. If these conditions are not specified, the law establishes a period of up to 30 days . After the expiration of the period, you can, without hesitation, file a claim in court.

It is a well-known fact that the defendant suffers considerable financial losses:

  • for failure to fulfill obligations, he must pay a fine;
  • the state fee is also paid in full by the accused;
  • Among other things, the services of a representative in court are an expensive pleasure.

Usually, in this case, it is more profitable to pay off the required amount of the existing debt out of court.

  • Legal advice from an arbitration lawyer

    Law Firm YUSAKTUM effectively protects the interests of legal entities, organizations and entrepreneurs, mainly specializing in representing the interests of Clients in arbitration courts of all instances, arbitration courts, and the Intellectual Rights Court. We really win in court disputes, which is confirmed by the gratitude of our clients, the court cases we have won, procedural and other legal documents prepared and successfully used by our lawyers in court proceedings, as well as judicial acts adopted in favor of our Clients!

    Indeed, in arbitration disputes, it is not uncommon for a procedural opponent, who previously signed the act of reconciliation of mutual settlements, to challenge the act of reconciliation, mainly citing the fact that the act of reconciliation was signed by an unauthorized person. The point of the objections is that since the reconciliation act was signed by an unauthorized person, this cannot mean recognition of the debt by the organization.

    At the moment, we believe that you have the opportunity to refute this opponent’s argument.

    There is a variety of practice regarding the statement of reconciliation of mutual settlements and recognition of debt. Judicial practice regarding the recognition of debt and the act of reconciliation of mutual settlements has begun to change.

    The act of reconciliation of mutual settlements does not relate to the primary accounting documents, therefore very often the arguments that the act of reconciliation is not an acknowledgment of debt are accepted by arbitration courts. As the Federal Tax Service of the Russian Federation indicated, the act of reconciliation of mutual settlements is not the primary accounting document through which it is possible to confirm the completion of business transactions.

    Arbitration courts also often point out that the act of reconciliation of mutual settlements cannot be classified as strict accounting documents, the mandatory forms and necessary details of which are defined in the Federal Law “On Accounting”. Arbitration courts, rejecting the reconciliation act as evidence of recognition of the debt, often point out that the reconciliation act was signed by an unauthorized person, which cannot indicate recognition of the debt. The courts refer to the fact that the reconciliation act was not signed by the director, and the person who signed the reconciliation act does not have a power of attorney to perform such actions. For example, in one of the cases, the arbitration court, rejecting the act of reconciliation of mutual settlements as evidence of debt recognition, indicated the following.

    By virtue of Art. 53 of the Civil Code of the Russian Federation, an accountant is not a person entitled to act on behalf of an organization without a power of attorney. The act of reconciliation of mutual settlements can be signed by an authorized person, who can be the sole executive body of a business company or a representative of the company who acts on the basis of a power of attorney issued by the sole executive body. The power of attorney must specifically indicate the authority to perform this action. The court found that the plaintiff did not prove that the defendant's chief accountant had the authority to recognize the debt, as well as the fact that such actions were subsequently approved by the defendant's sole executive body.

    Challenging the recognition of the debt, procedural opponents also previously referred to paragraph 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 12, 2001 and the Plenum of the Supreme Arbitration Court of the Russian Federation dated November 15, 2001 No. 15/18 “On some issues related to the application of the provisions of the Civil Code of the Russian Federation on claims statute of limitations”, which dealt with the recognition of debt and limitation of actions.

    At the moment, this resolution has lost force due to the adoption of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated September 29, 2015 No. 43 “On some issues related to the application of the provisions of the Civil Code of the Russian Federation on the limitation period.” In this resolution, we are primarily interested in paragraphs 20 and 22.

    As follows from the above points, actions to recognize a debt must be carried out only by an authorized person.

    In your situation, we would recommend the following.

    I. Try (if such documents exist) to refer to the presence of other documents, for example, invoices, acts of acceptance and transfer of goods, other documents, electronic correspondence, etc. At the same time, try to point out that the signed debt reconciliation act must be considered and assessed in conjunction with other evidence and practice of the relationship between the parties.

    II. Indicate that the powers of the chief accountant (“unauthorized person”) who signed the reconciliation report may also be apparent from the situation. For more details see Art. 182 of the Civil Code of the Russian Federation.

    III. Please note that due to job responsibilities and position status, the chief accountant is assigned certain responsibilities and is given powers without which he cannot perform his duties. You can ask the court to invite your opponent to present the job description of the chief accountant, or to present your evidence confirming that the duties of the chief accountant include signing the reconciliation report.

    IV. Refer to Article 65 of the Arbitration Procedure Code of the Russian Federation, trying to shift the burden of proof to the procedural opponent. Simply put, motivate by the fact that it is the procedural opponent who must prove the circumstances to which he refers in support of his objections related to the recognition of the debt.

    V. In the future (in order to avoid situations in which the counterparty challenges the reconciliation act as recognition of debt), it is necessary to describe in as much detail as possible the procedure for exchanging reconciliation acts in your standard agreement.

    VI. There is positive judicial practice on your issue. If necessary, our arbitration lawyers are ready to help by representing your interests in arbitration court.

    More detailed information about our company, its operating principles and competitive advantages, the procedure for work and interaction with the Client is presented in the relevant sections of the sections “Ours”, “Legal Information”, “Company Presentation”.

  • Reconciliation Act

    Drawing up a Statement of Reconciliation of Mutual Settlements is usually necessary in the case when two legal entities need to certify transfers made between each other. Most often, such reconciliations are made for specific contracts or invoices; reconciliations are also possible for contracts for a certain time period. It is worth noting that despite the fact that this document is not binding and is created only by mutual agreement of the parties, it is widespread in all areas of activity and is used by most organizations.

    About case beads

    Stationery word forms are distinguished by monumental case constructions. And this especially applies to the genitive case, which allows the formation of large-scale verbal constructions without compromising the meaning of the sentence. For example, everyone is familiar with the phrase: “In order to improve the quality of service, video surveillance is being conducted.”

    By analogy with these models, a contradiction arose between the formulas “according to the act” and “the act”. However, the correct spelling of this phrase requires a dative case question “to what?”, since the preposition “according to” is combined only with this case.

    Thus, the answer to the question: “According to the act or act - which is correct,” will be in favor of the dative case form of the noun, forming a combination with the preposition “according to.” That is, one must write and say “according to the act,” and nothing else.

    How is reconciliation carried out?

    This procedure can be carried out only for one of the following items: name or number of the product, contract, specific delivery, certain period of time. For this document to be reliable, it should be drawn up either after the last transfer or from the moment of delivery. In addition, it is convenient to carry out reconciliation during the annual inventory of the company’s funds and property. Quite often, the results of such checks reveal debts: receivables or payables. If such facts are confirmed, you need to immediately make a reconciliation report and send it to the partner organization.

    Letter to the customer requesting payment of the debt according to the reconciliation report

    How to offset an overpayment for income tax. You present your version of the act to the counterparty. Write a letter to it indicating the discrepancies and attach copies of payments for the period being reconciled. At the end of the letter, request a re-verification with the counterparty, taking into account the attachments. You fill out your column and write there the data on your reconciliation report! You don’t sign his report - you inform him by phone and fax your reconciliation report - then they will check with themselves - you will exchange the necessary documents, who is missing what - and only when everything is ok, then sign their copy for them, which does not matter who compiled it - the main thing is Right! How can I return money to buyers to their subsidiary company so that my reconciliation report matches the parent company? Is there a debt due to your mother? You receive a letter from your mother... we ask you to return the funds later. To check the completeness, the number of sheets of each element is specified. The list by application can be summarized by the total number of papers and sheets. Signatures and contact information The accuracy of the information is confirmed by the signatures of officials. If, according to the rules of office work, the authority to sign such papers has been transferred to some employee, be prepared to provide your partner with supporting documents. However, remember that if the reconciliation report and cover letter are not signed by the manager, then when the claims are considered in court, they will be rejected. Contacts of the responsible person are indicated for the convenience of technical work.

    Most often, this is an employee responsible for an area of ​​work or a specific project. Provide his name, phone number and email address. Procedure for exchanging documents You can exchange documents in person, with a courier, by mail or electronically.

    Rules for drawing up the act

    There is no unified, standard form for drawing up an act, so it can be written in free form or according to a template developed at the enterprise. A regular A4 sheet is suitable for filling.

    The act must be printed in two copies - one for each of the interested parties.

    Both signed and completed copies are sent to the counterparty, whose specialists compare the information from the sent report with the data they have. If there are no objections to the financial transfers specified in the act, all the information matches, then the counterparty signs the documents and returns one copy and keeps the second one.

    If necessary, the act can be certified with a seal, but since 2020, the presence of a seal for legal entities is not a legal requirement (however, without a seal, in the event of legal proceedings, the document may be considered invalid).

    To ensure that the process of signing the reconciliation report does not drag on, when sending the document you should indicate the time frame within which it must be returned.

    How to draw up and sign a reconciliation report with disagreements

    A reconciliation report with disagreements is drawn up if the other party does not agree with the information in the reconciliation report.
    An example of this is the presence of errors (intentional or not). The act of disagreement (or protocol of disagreement) is drawn up in free form or according to a template previously established in the organization. At the same time, you can issue the paper in both printed and paper versions. It is important to reflect the key points of the document and sign it.

    How to draw up an act of disagreement:

    1. Write in the header the name and number of the document, indicate the date of preparation, and provide information about the original reconciliation report to which there is an objection.
    2. Provide information about the parties (names of companies, authorized persons).
    3. Indicate points with which the company does not agree. You can arrange the main part in the form of a table.
    Item number according to the reconciliation report No. 3 dated March 26, 2019Subject of disagreementProposal to change information
    clause 1.2Delivery amount 185,000 rub.According to the accounting data of Moonlight LLC, the delivery amount is 184,500 rubles.
    clause 2.1The amount of receipts to the account is 75,000 rubles.The amount of receipts according to the accounting data of Moonlight LLC is 73,568 rubles.

    It is allowed to attach contracts, invoices and other documents proving the fact of disagreement to the act.

    The act of disagreement to the act of reconciliation is the same protocol of disagreements. Such a document is drawn up in a similar way. If the company has installed a paper template, a document on disagreements regarding the reconciliation report is drawn up in the prescribed manner. In other cases, the documentation is drawn up in free form indicating:

    • information about the initial reconciliation report;
    • information about counterparties;
    • key information about discrepancies found in amounts and other information;
    • signatures of the manager and accountant.

    Such a report must be completed (if there are discrepancies) by the accounting accountant assigned to this area of ​​work.

    If some discrepancies are found in the received settlement reconciliation report, you can proceed as follows:

    • fill out the right part according to your accounting data;
    • indicate disagreements below or immediately draw up a protocol of disagreements;
    • indicate the final and opening balances in the period under review, the results of calculations, in whose favor the debt exists;
    • sign such an act.

    You can also indicate discrepancies in the text (some documents are missing, the wrong period of time is covered, or all contracts are not taken into account).

    Also an accountant:

    • may sign if the discrepancies are minor;
    • or vice versa - do not sign at all, but immediately draw up a protocol of disagreements.

    In any case, it is necessary to contact the accountant of the second company, identify inaccuracies and errors, and, if necessary, exchange missing documents. Next, when everything is decided, a correct reconciliation act is drawn up (no matter which party) and submitted for signature.

    Filling out the act requires stamps from each party, but due to the fact that since 2020 such an attribute is not required in the activities of companies, there may be no seals on the act.

    However, when considering cases in court, documentation with signatures and seals will be legally significant. Therefore, if it is available in the organization, it is better to put a stamp on the signed acts.

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    Purpose of drawing up the act

    If the information in the document drawn up by the initiator of the reconciliation does not coincide with that available from its counterparty, then the existing discrepancies should be recorded at the end of the document. The same applies to debts: if such facts are revealed, it is necessary to indicate the period during which they should be repaid. Otherwise, the court, if a claim arises, will not be able to take into account the argument regarding the violation of the terms of money transfers.

    This is interesting: Recovering accounts receivable from a previously written off transaction in 2020

    According to the law, an act of reconciliation of mutual settlements may be grounds for interrupting the three-year limitation period. That is, in cases where the debtor signs a reconciliation report within three years, he is considered to have recognized his debt obligations and is obliged to repay them within the established time frame.

    It happens that during the period that has elapsed since the signing of the contract and the fulfillment of obligations, the counterparty has been declared bankrupt. In such situations, accounts payable after a certain time can be written off as expenses of the organization.

    Document overview

    The seller filed a claim against the buyer for collection of debt on invoices.

    The defendant, in turn, referred to the fact that the payment he had previously made should be offset by the plaintiff against the debt on the disputed invoices.

    The district court, as well as the appellate court, rejected this argument.

    If the buyer has paid the supplier for goods of the same name received under several supply contracts, and the payment amount is not enough to pay off the buyer’s obligations under all contracts, the amount paid must be counted towards the fulfillment of the contract specified by the buyer when paying for the goods or without delay after payment.

    If the buyer does not exercise this right, the fulfillment of the obligation is counted towards the repayment of obligations under the contract, the due date of which came earlier. If the deadline for fulfilling obligations under several agreements has come at the same time, the provided fulfillment is counted proportionally towards the repayment of obligations under all agreements.

    The rule provided for by the above norm of the Civil Code of the Russian Federation applies only if the payment document does not indicate the purpose of the payment.

    In this case, in the payment orders, the payer indicated the purpose of the payment, details of the invoices issued to him, and payment under the supply agreement. Therefore, the plaintiff had no grounds to repay the debt for other supplies under the disputed invoices.

    Information reflected in the accounting and reporting of an organization must be complete and reliable. Achieving these goals is facilitated by, among other things, periodic inventory of assets and liabilities.

    In general, an inventory is carried out at least before the preparation of annual financial statements. But inventory calculations, as a rule, are carried out more often. Frequent inventory is especially relevant when settlements with suppliers and customers are systematic and diverse. Inventory of settlements is carried out by drawing up and agreeing with counterparties on acts of reconciliation of settlements.

    The reconciliation act signed by the parties is a document confirming the status of settlements as of the date of its preparation and being the basis for making claims, incl. for a refund.

    Instructions for filling out the reconciliation report

    In the “header” you need to enter information about the period for which the reconciliation report is being carried out, and also indicate the agreement that served as the basis for the creation of this document. Here you should enter the name of the companies in accordance with the constituent documents (you can without such details as KPP, INN, OGRN, etc.).

    The second part of the document includes a table in which each party enters information contained in its accounting records for transfers under the agreement in question or for a certain period of time. They must match completely. Under the table, each company enters its existing debt. This data must also be the same. If there are no debts, this must be noted in writing.

    In conclusion, the document must be signed by the heads of the enterprises, with the obligatory indication of positions and a transcript of the signatures. A document drawn up in accordance with all the rules of office work, if signed by the directors of the enterprises, acquires legal force.

    We draw up a statement of reconciliation of settlements with the counterparty

    In addition, the act can be useful not only for tax and accounting.

    For example, an organization has signed a statement of reconciliation of settlements with the buyer, and the document confirms the amount of his debt.

    196 of the Civil Code of the Russian Federation). At the same time, according to paragraph 2 of Art. 200 of the Civil Code of the Russian Federation for obligations with a certain period of performance, the limitation period begins at the end of the performance period. For example, the limitation period for a claim for payment for goods, work or services begins on the day following the day of payment in accordance with the terms of the contract.

    How to reconcile with counterparties and draw up a report

    Documents, no matter how you keep track of them, sometimes get lost. They don't reach your customers or you don't have supplier documents. And this leads to different amounts of debt in the accounting of organizations. Reconciliation of debts with counterparties helps to identify such disagreements.

    There is nothing complicated about this procedure. Only she is distinguished by a large amount of work. The frequency of reconciliation of calculations depends on your desire and capabilities. But once a year ─ during the annual inventory ─ it is mandatory. Thus, the balance of the settlement accounts is confirmed.

    • make reconciliations with counterparties
    • resolve disagreements in the statement of reconciliation of accounts
    • pay the debt according to the reconciliation report

    read this article.

    The content of the article:

    1. What is a reconciliation report and an example of filling it out

    2. Can an accountant sign a reconciliation report?

    3. Who should do the reconciliation report?

    4. Disagreements in the settlement reconciliation report

    5. What should an accountant do if the documents are not in the records of his organization?

    6. What should an accountant do if the documents are not in the counterparty’s records?

    7. Payment of debt according to the reconciliation report

    8. Reconciliation with counterparties in 1C version 8.3

    So, let's go in order.

    What is a reconciliation report and an example of how to fill it out

    A reconciliation report is a document that reflects settlements between organizations for a certain period. The seller in such an act shows the formation of the buyer’s receivables and the payment received from him. And the buyer ─ his accounts payable to the supplier, with whom he reconciles settlements and repays them.

    The reconciliation report is signed and sealed by both organizations (if any).

    There is no approved form for the reconciliation report. Moreover, it is not a primary document. Therefore, when developing the form, you can use the details of the primary document, which are established by paragraph 2 of Article 9 of the Federal Law “On Accounting” dated December 6, 2011 No. 402-FZ. Here is an article about paperwork in accounting.

    And understand that the reconciliation act, like any other act between organizations, is two-sided. This means you need to provide appropriate fields for signatures.

    Typically, the reconciliation report is signed by the chief accountant and the manager.

    You can fill out the act by listing business transactions for each organization, but it is more convenient to do this in the context of contracts. Then, in case of discrepancies, it will be immediately clear under which agreement the turnover does not converge.

    Fill out the reconciliation report only in money.

    An example of filling out a reconciliation report. Metel LLC, the fabric supplier, compiled a reconciliation report with the Vyuga LLC atelier as of March 31, 2018.

    The person responsible for drawing up the reconciliation report at Metel LLC filled it out in two copies, signed it with the director and chief accountant and sent it to Vesna LLC.

    Vesna LLC checked the turnover, filled out both copies of the act on their part, signed and sent one completed act to Metel LLC. After entering the credentials in both organizations, the reconciliation act looks like this.

    Can an accountant sign a reconciliation report?

    In organizations that have many counterparties and regularly reconcile accounts with them, the chief accountant and manager have to spend a lot of time signing reconciliation reports.

    To free up time, a power of attorney is issued to one of the accountants. Thanks to this, he can sign any reconciliation report. At the same time, he can also check the correctness of the drafting of acts by his colleagues.

    Who should do the reconciliation report?

    The initiator of debt reconciliation with the counterparty can be any party to the transaction. The regulations do not stipulate the obligation to conduct reconciliation between organizations. This is the right of companies. Therefore, it is possible and necessary to regulate the procedure and frequency of reconciliation of payments in contracts.

    In companies, the accounting department is not always involved in drawing up reconciliation reports and sending them to counterparties. By order of management, these may include other employees ─ those who directly work with customers and suppliers.

    In many accounting programs, including 1C, accounting of settlements with the counterparty is organized on separate sub-accounts ─ cards. Therefore, if all documents are entered into the system in a timely manner, unloading turnover on a specific card is not difficult. And the question: “Who should do the reconciliation report” does not cause much controversy.

    The end result ─ the completed reconciliation report must necessarily “reach” the accounting department and be verified. By the way, reconciliation can be considered as one of the components of inventory. more about conducting an inventory here .

    The result of the reconciliation can be:

    • an act signed by the counterparty in which there are no disagreements
    • deed of disagreement

    Reconciliation without disagreement is the most optimal and simplest for an accountant. What to do when there are disagreements?

    This is interesting: Letter of debt based on reconciliation report sample 2020

    Disagreements in the settlement reconciliation report

    The main reason for disagreement in the statement of reconciliation of payments is the reflection of documents in the accounting of one organization and the failure to reflect the same documents in the accounting of another.

    This is possible if:

    1. documents did not reach the counterparty
    2. within the company, the documents were not transferred to the accountant for inclusion in accounting
    3. postings according to documents in the first company were made in one period, and in the second - a period earlier or later

    Moreover, there may be no documents:

    • in your company's accounting
    • in counterparty accounting

    When checking the settlement reconciliation report, which was provided by the counterparty, it is immediately clear in which documents there are disagreements.

    What should an accountant do if the documents are not in the records of his organization?

    Situation 1 : company ─ buyer of material assets

    Step one . It is necessary to check whether these documents were posted in another period, for example, following the reconciliation period. If you do not have documents regarding which there are disagreements in the accounting reconciliation report, then proceed to step 2.

    Step two . Find out from the responsible employee of the company who works with the counterparty whether he forgot to transfer the procurement documents to the accounting department. If you forgot, then urgently pick up the documents and check their compliance with what the counterparty indicated in the reconciliation report and register them.

    If there are no documents, then move on.

    Step three . Request duplicates of documents not reflected in accounting from the counterparty. Receive, check them and record them.

    At each of these steps, you may encounter one of the following options:

    1. the counterparty recognized your receivables prematurely. For example, according to the terms of the contract, the transfer of ownership ─ during acceptance of the goods by the buyer. Your company's employees accepted the goods in the month following the reconciliation. You can sign a statement indicating the discrepancies and indicating the reason
    2. documents were reflected later than it should have been done. Sign the document provided by your supplier.

    Situation 2: the company is a buyer of services.

    You need to follow the same steps as in the case of purchasing material assets. But we must remember the main difference ─ the date of provision of services, and therefore the date of appearance of receivables ─ the number with which the certificate of completion of work was signed in your organization.

    An exception is utilities, the cost of which is determined based on meter readings. In this case, the date of the act is equal to the date of provision of the service. Accounting for utility costs is covered here.

    What should an accountant do if the documents are not in the counterparty’s records?

    Situation 1 ─ your company sells products, but the reconciliation report sent by the counterparty does not reflect your documents on shipments to them.

    In this case, you need to ensure that you record revenue and receivables in accordance with the terms of the contract. If everything is in order with this, check whether the documents were sent to the counterparty.

    When everything is done correctly on the part of your organization, add the unrecorded document to the reconciliation report and sign it with disagreements.

    If there are problems on your side, then you need to solve them first. And then either include the document for which there are discrepancies in the reconciliation report, or agree with the buyer’s amounts.

    Situation 2 ─ your company has completed the work, but its purchase is not reflected in the reconciliation report sent by the buyer.

    • check the signature date on the work completion certificate from the customer
    • Didn’t you find a copy of the act that was signed on both sides? Then find out whether the document was sent to the buyer
    • Based on the results of the “investigation”, you draw conclusions. And either add more language to the buyer’s reconciliation report and sign it in this form, with disagreements, or agree with the counterparty’s figures

    The examples do not show all situations that can lead to discrepancies in settlement reconciliation reports. But it is already clear that the reasons why some documents are not included in the reconciliation report may be different. From misinterpretation of contract terms to employee forgetfulness. Moreover, from any of the counterparties.

    Payment of debt according to the reconciliation report

    During reconciliation, it may be revealed that one organization has a debt to another; this can happen for the following reasons:

    • The primary document is not reflected in the debtor’s accounting
    • there are errors in calculations, for example, when converting currency into rubles

    The debtor's records do not contain the required document. In this case, the company that is owed payment sends duplicates of the primary documents to the debtor organization. After they are carried out, a debt will appear in the accounting, which can be paid in the usual way. In the payment order, in the basis field, you need to indicate an invoice, act or other document ─ the reason for the debt.

    Errors in calculations can be corrected by drawing up an accounting certificate and reflecting it in accounting. Once the debt is generated, it can be paid. In this case, you can pay the debt according to the reconciliation report, indicating it as the basis in the payment order.

    If you find an error in your accounting, you need to correct it. In this case, an article about correcting accounting errors .

    How to read a reconciliation report correctly: tips and rules

    1. Reconciliation report with the supplier. Contains transactions accounted for in account 60. The debit reflects all payments made to the supplier, and the credit reflects the amount of product deliveries.
    2. Reconciliation report with the buyer. In this case, accounting is kept in account 62. The amounts of shipments are recorded as a debit, and the payments transferred by buyers are recorded as a credit.
    3. Reconciliation report of completed work. It is drawn up according to the general rules, only instead of the amounts of product deliveries, it reflects the amounts according to the acts of work performed.
    4. Group reconciliation act. It is a set of reconciliation acts for all existing counterparties of the company. It is formed by installing a special extension to the accounting program. This method of generating acts is especially convenient at the end of the reporting period, when it is necessary to take inventory of the entire volume of settlements.
    5. Zero reconciliation report. A distinctive feature is the balance equal to zero at the end of the period considered in the document.
    6. Rent reconciliation report. It is drawn up in the same way as acts for any other services. When the lessor generates the document, the rental amounts will be entered on the debit side according to the invoices issued, and on the credit side the payments transferred by the tenant will be entered.
    1. Timely identification of errors in accounting. The most common of them are double amounts, when the accounting department processes the same document twice, and the absence of an amount in the act due to failure to provide documents for the delivered goods.
    2. Presentation to court as evidence. But it should be borne in mind that the reconciliation act does not fall into the category of primary documentation, and often the opponent manages to challenge its validity in court. The main argument is the lack of signature of an authorized person, since acts are usually signed by chief accountants, not managers. If the accountant does not have an official power of attorney to sign such documents, it is better to sign acts with problematic counterparties by the director of the organization.
    3. Suspension of the limitation period. The signing of the reconciliation act proves the fact that the debt has been recognized by the defaulter, therefore, from this moment the statute of limitations begins to count again.
    4. Carrying out netting of counter debt. In this case, the reconciliation act helps determine the final amounts of debt.
    5. Inventory of settlements with counterparties. This is a mandatory procedure that should be performed at least once a year. It is possible to identify reliable amounts of receivables and payables only by signing reconciliation reports.
    6. Formation of a list of creditors during bankruptcy proceedings. A creditor who fails to timely confirm the existence of a debt using a reconciliation report is deprived of the right to further claim it.

    Restructuring is suitable for taxes, but for debt on suppliers account 60 and buyers account 62, other work needs to be done. According to Article 196 of the Civil Code, the limitation period is 3 years, if there is this period, you can write off it as losses. If it’s not three years, work with debtors, read the agreements, the payment or delivery deadline is written there, write letters to debtors or file a lawsuit. But you need to thoroughly understand each specific amount. This is the only way you can reduce your debts. (From my own experience)

    You will have to pay, and then find the seller and collect the debt from him through the court. You should always check carefully, without relying on an agent. Just go to the management company and find out if there are debts on this apartment. In our housing cooperative there were such cases, payments were forged (they erased the line where the debt was indicated, ran it through a scanner and printed out an already perfect payment).

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