Which accounts payable are overdue. Overdue accounts payable - how many months? What is overdue accounts payable

A budgetary educational institution provides information on overdue accounts payable, what debt is considered overdue? If, under the terms of the contract, payment for utilities is made monthly until the 15th day of the month following the settlement month, is this debt overdue already from the 16th day?

Answer

A borrower's debt to a creditor that has not been repaid by the due date is called overdue debt. Terms of return are established by the parties in the contract. It is worth knowing what debt is considered overdue before signing the contract in order to control the timing of payments and fulfill the obligations assumed.

Any commercial transaction is accompanied by the conclusion of an agreement between the parties, which specifies the terms of the transaction: the terms for the execution of agreements and penalties for non-fulfillment of obligations. Such transactions include:

• contract of sale,
• service agreement,
• lease contract,
• credit and mortgage contracts.

Types of overdue debts:

• Creditor- the debt of an individual or legal entity to a creditor. The subject is obliged to repay the debt determined by the agreement. This type of debt occurs when the money is not received by the creditor on time or is received late.
• Accounts receivable- when the services provided by the company or goods sold are not paid by the consumer in a timely manner.

It is necessary to have an idea of ​​the grounds for the occurrence of debt in order to determine which accounts payable are considered overdue. By definition, this is the conclusion of an agreement between individuals or legal entities, when one of the parties receives funds on certain conditions, but does not return them within the period specified in the agreement.

As soon as a debt arises, the lender receives the rights that relate to the repayment of the debt:

• Accrual of interest for the use of funds in excess of the due date.
• Late fee.

For a creditor, debt has two meanings:

• It causes losses, as funds are lent out for a certain period, but not returned on time.
• The delay will become taxable income, for this the creditor needs to write it off.

These actions are fixed without fail in the current accounting documents and in the current reporting. Uncollectible debts are accounted for in a special form.

Untimely control of financial expenses, including insufficient accounting for overdue debts, can lead to bankruptcy. Observation of the state of debts is carried out for 5 years. This is the maximum period when the debt is considered overdue in accounting.

If funds in a certain amount enter the account, then they are transferred from the category of debts to the balance sheet of the company. The amount of debt is written off by order of the head if the company suffers real losses due to hanging debts.

In order to avoid the situation of the formation of receivables, the company needs a preliminary market analysis and verification of the partner before the contract is concluded, if it is a legal entity. As for individuals, it is necessary to have information about their credit history and current solvency in order to minimize the risks of debt formation on the part of the borrower in the future.

About debt relief

Debts are written off by the creditor after 3 years from the date of the delay, taking into account the individual conditions for the occurrence of delays and the behavior of the borrower after the start of the period of non-payment. In order for the write-off to be carried out legally, the creditor must draw up the necessary documents:

1. The order of the head to conduct the write-off procedure.
2. The inventory act is necessary for a clear idea of ​​the state of the company's assets at the time of debt cancellation.
3. The write-off is made as soon as the limitation period expires, and also on condition that it is impossible to fulfill debt obligations for objective reasons. The law establishes the following actions under objective reasons:

• The presence of an act of a public authority that the enforcement proceedings are terminated. The act must indicate the grounds on which it is not possible to collect the debt from the borrower.
• The creditor's own assessment of the debt as unrecoverable. The document must be drawn up in writing with an explanation of the reasons for the impossibility of collecting the debt, signed by the head and sealed by the company.

A creditor's assessment alone is not enough to carry out the write-off procedure. The written assessment of the lender must be confirmed by official authorities.

About the types of delays

The current legislation describes in detail the types of debts and the procedure for their gradation:

1. Doubtful - all types of debt obligations for which postings were not made in the accounting documentation of the enterprise within the period specified in the loan agreement. When registering such types of debt obligations, there is no guarantee or pledge, that is, there is no property security. Thus, any debt that is written off without problems can be classified as doubtful. The exceptions are cases when the creditor suspends the write-off until all the circumstances of the formation of the debt are clarified.
2. Hopeless. Grounds for classifying a debt as bad debt:

• The debt is not closed within 3 years.
• The debtor is a bankrupt or liquidated company.
• Debt obligations, in relation to which enforcement proceedings have already been initiated and were terminated due to the determination of the impossibility of collection.

Recognition of the debt as uncollectible leads to the cancellation of the delay after 3 years in accordance with the provisions of the Civil Code and established legislative standards.

Many entrepreneurs are concerned about the question: overdue is how many months. Debt is one of the problems that many companies face. It can lead to bankruptcy of the enterprise.

The debt is overdue if the amounts due under the contract were not paid on time. When signing the contract, one of the parties assumes the obligation to pay the money no later than the period specified in the agreement, after which the delay begins.

From this moment, the creditor has the right to formulate a statement of claim in court. During the trial, the plaintiff company is required to prove the existence of a delay in payments. To do this, among other documents, the court is presented with a contract, which contains the following information:

• details of the parties to the agreement
• payment amount
• payment terms

Based on this document, the court makes a decision on the repayment of the debt. According to articles 196 and 197 of the Civil Code, legal proceedings are allowed within three years from the first day of delay in payments.

The debt is overdue from the first day after the payment deadline specified in the contract. You can apply to the court within three years from the start of the delay.

When does the delay start?

There are a number of contracts in which the exact date of repayment of the debt is not indicated. According to the law, three years from the date of the contract.

If the debtor, receiving a written claim demanding repayment of the amount of the debt, acknowledges the fact of non-payment and signs this paper, this means that the period for non-payment of the debt is cancelled. From the moment of signing the claim, a new deadline for paying the debt begins.

This rule does not apply to tax debts, wages, accountable payments. In this case, the debt is recognized as overdue if a month has passed after the due day of the settlement.

If no specific terms are specified in the agreement, the debt is considered overdue after three years from the date of signing the contract. This does not apply to salary debts, taxes.

Types of debt

There are various approaches to the classification of accounts payable. One of them divides it into types, depending on the timing:

• short-term
• long-term
• hopeless
• dubious
• unclaimed

Each of the aforementioned debts has its own due dates.

Short term debt

This type of debt arises in a number of situations to such counterparties as:

• service providers / sellers, if their services and goods were not paid for in a timely manner
• buyers, if the goods or services were not delivered on time, and the advance payment for them was accrued
• suppliers, if the goods arrived without proper payment documents, that is, an uninvoiced delivery occurred
• credit institutions, if the loan was made for a short time
• employees of the organization, if there was a salary delay
• off-budget funds, the budget, if taxes, contributions, and fines are not paid on time

All short-term debts are extinguished within 12 months from the date of their formation.

Long term debt

This type of debt has a repayment period of more than 12 months. It includes the following cases:

• long-term loans issued in credit institutions or other firms
• bonds and bills with a term of more than 12 months
• long-term lease debt

Such debts are subject to judicial recovery.

Bad debt

Uncollectible debts are those debts that cannot be paid for a number of reasons. The following cases fall under this category:

• liquidation of the creditor company
• after the statute of limitations

The inability to collect a debt is recognized officially, for example, in court.

Doubtful debt

This type of debt is regulated under Article 266 of the Tax Code. The debt is formed to the taxpayer at the end of the payment period and the absence of collateral. When the debtor entered into the contract, he did not provide property as a pledge, guarantees, or guarantees from the bank.

Unclaimed debt

This type of debt arises after the statute of limitations has expired. An unclaimed debt is a debt that the creditor has not demanded payment within the allotted time.

There are different types of debt, depending on the timing of payments, as well as on the special circumstances in which they arise.

Features of the formation of delay

The occurrence of debts in the company arises for a number of reasons:

Business leaders should be aware that accounts payable jeopardize the firm's solvency. They threaten the company with fines, which exacerbates its financial problems.

To avoid the occurrence of debts, company managers are advised to clearly plan the company's budget, make payments accurately and personally control each area of ​​\u200b\u200bits activity of their enterprise.

Consequences of a delay

The debt that has formed in a particular company threatens with a number of unpleasant consequences. To maintain the image of the company, it is important to have such qualities as financial discipline and the absence of legal sanctions. In addition, the presence of debts negatively affects the further credit history of the company. Obtaining loans for the company will encounter a number of difficulties.

Administrative responsibility

Debts of the enterprise entail such administrative sanctions as fines and penalties. Such sanctions are spelled out in the contract. In addition, if the company has a large debt, it may be charged the following fines:

• 200 000 rubles
• an amount equal to the company's income for 18 months

According to the law, in some cases, public works are assigned to an official guilty of creating debts at an enterprise.

If during the trial a decision is made in favor of the creditor, then the debtor has to pay:

• the entire amount of the debt
• contractual fees and penalties
• court fines
• legal costs incurred by the plaintiff in the course of litigation

If the debtor does not comply with the court order to pay the debt, a decision is made to seize the property of the enterprise, which is carried out by bailiffs.

This violation means significant financial or property losses for the company, as well as the loss of its good name, which later turns out to be an obstacle to successful business.

Criminal liability

This type of liability of a legal entity for accounts payable occurs in the presence of a proven fact of malicious evasion from payments. For malicious evasion of debt payment, forced labor or imprisonment is prescribed.

According to the law, a debt is considered large, the amount of which exceeds one and a half million rubles. Malicious evasion of payment is considered to be the planned refusal of the debtor to pay, despite the objective possibility of making them.

Malicious delinquency is recognized, based on the following signs:

• hiding company accounts
• alienation and concealment of company property
• hiding the fact that the company has additional sources of income
• the presence of contracts and transactions of a fictitious nature

Based on these facts, the court concludes that the management of the enterprise deliberately does not pay the debt to the creditor. In this case, a criminal case is initiated after the issuance of a court order to pay off the debt and the commencement of enforcement proceedings.

With the proven fact of malicious evasion from paying the debt, the debtor risks not only financial and property losses, but also bears criminal liability.

Debt Identification Process

Identification of this kind of debt in the enterprise usually occurs during the inventory of accounts. It is recommended that this event be held at least once every three months.

But, in practice, in most companies such events are held approximately once a year. Consequently, a number of debt payments are delayed in time.

Identification of the company's debts is carried out according to a single scheme:

1. Account inventory. At this stage, all debt documents are checked, for example, contracts concluded with other firms.
2. Documentation of debts formed at the enterprise. This document is submitted for consideration by the head of the company.
3. Analysis of all accounting data, which is carried out by the head of the company and the head of the financial department. At the same time, conclusions are drawn about how expediently the money is spent in the course of doing business.
4. Classification and structuring of the company's debt obligations. This stage involves the calculation of the timing of payments to each of the creditors.

• correct execution of invoices, invoices, contracts, payment orders and other papers
• frequency of inventory and other control measures
• timeliness of measures taken to demand payments from debtors
• the number of bad debts the firm has
• the possibility of paying off debts in alternative ways, for example, netting

The effectiveness of its further financial and economic activities depends on the timeliness of revealing the facts of accounts payable from the enterprise.

Economic analysis of debt

Analysis of the company's debts involves their economic and statistical accounting. For this, a number of objective indicators are revealed:

Work on the elimination of accounts payable in the company involves constant monitoring of financial flows by managers, conducting a complex and thorough analysis. When analyzing the company's debts, a plan is drawn up for payments, the accuracy of which determines the speed of overcoming the crisis.

Maximum permissible value in the company

The law establishes maximum allowable terms for the debts of the enterprise. They are shown in the table below.

The legislation establishes the maximum allowable terms for repayment of debts, the violation of which implies responsibility.

Determination of the limit value

There is a clear procedure for determining the maximum allowable value for the company's debts. It consists of several steps:

1. Study of documentation on the terms of debt formation. Since the payment terms are specified in agreements and contracts, the head of the enterprise studies them and creates a list of overdue debts.
2. Calculation of the period and amount of debt. A hierarchy of debts is compiled, depending on the maximum allowable terms of payments.
3. Negotiations with creditors regarding extension of repayment terms.
4. Determination of the number of bad debts to be written off.
5. Preparation of documents proving the impossibility of repaying debts.
6. Debt write-off.

If the company is unable to repay a significant number of debts, which is documented, this means a certain probability of bankruptcy.

Overdue accounts payable within budgetary institutions

The debt of a budgetary institution is a certain financial obligation. These include the following:

• sums of money due under a contract in exchange for services or goods
• employee salaries
• payments to the pension fund
• tax payments

According to the Decree of the Government, the permissible value of accounts payable in budgetary institutions has been established. The head of the budgetary institution is responsible for non-payment.

If the established indicators of the permissible value are exceeded, the employment contract with the head of the institution is terminated.

Repayment methods

According to the Civil Code, ways of paying off the debts of the enterprise are established. These include the following:

• write-off
• restructuring
• offset
• innovation
• compensation

Each of the repayment methods is carried out in accordance with the established rules.

Write-off

Debts that are more than three years old are subject to write-off. If during this time the creditor does not go to court and does not demand a refund, the debt is written off.

Write-off is also made in the following cases:

• release from the debt obligations of the debtor by the creditor
• the presence of special circumstances that prevent the repayment
• recognition of the actions prescribed in the contract between the parties as illegal
• death of creditor or debtor

The write-off procedure is carried out as part of the inventory of debts at the enterprise.

Restructuring

Restructuring involves negotiations, as a result of which a new mode of payment of monetary amounts to the creditor is assigned. This regime is established in such a way as not to violate the rights and interests of the creditor and give the debtor the opportunity to repay the debt.

In some cases, the debtor is granted the following kind of assignment:

• partial write-off of debt
• exemption from sanctions
• reduction in interest on a loan
• offsetting part of the amount

Such concessions are offered at the initiative of the creditor, taking into account his interests.

Debt offset

If the parties have mutual obligations, part of the debt is liquidated by mutual offset. This is done under the following conditions:

• the parties entered into two contracts in which mutual obligations are fixed
• contracts specify money as payment for services and goods delivered
• the period specified in the contracts has passed

This approach partially releases the parties from obligations and reduces the procedure for paying debts.

innovation

Innovation is the replacement of part of the obligations for the supply of services. A new contract is formed, according to which one of the parties is obliged to provide certain services to the creditor in exchange for repayment of part or the full amount of the debt.

compensation

This method of repayment involves the provision of the debtor's property to the creditor. For this purpose, the estimated value of the property is established, a contract is formed, according to which the property of the debtor passes to the creditor as repayment of part or the full amount of the debt.

Debts are settled using several methods. The use of each of them is carried out by agreement of the parties. The choice of the method of repayment depends on the specific case and the situation in which the debt was overdue.

Accounts payable implies administrative, and in some cases criminal liability of the debtor. There are established procedures for identifying and various ways to pay off debt.

Write your question in the form below

But, given the point of view of the Russian Ministry of Finance, it is safer to follow its explanations. Otherwise, disagreements with tax authorities and litigation cannot be avoided. However, the chances of winning such a dispute in court are quite high. It is safer to write off overdue debts on the last day of the reporting period in which the limitation period has expired. financial statements in the Russian Federation). In addition, it is advisable for the company to issue an act of inventory of settlements with buyers and suppliers (Letters of the Ministry of Finance of Russia dated September 12, 2014 No. 2014 N GD-4-3/ [email protected] and the Federal Tax Service of Russia for Moscow dated 06/20/2011 N 16-15 / [email protected]).

What debt is considered overdue

In other words, the provision of a company asset to partners is not paid until the end date, which is defined in the contract. Overdue receivables - this is the inability of the debtor to pay off the creditor on time. An unprofessional approach to investments becomes the result of the appearance of debts that are not repaid on time.

1. Doubtful. In this case, the reason for the delay was fluctuations in the market and the fall in the solvency of the counterparty.

   
   For these reasons, the lender has doubts about the full return of the asset by the partner. Moreover, loans that are not secured by bank capital, collateral or a guarantor are initially considered doubtful.

2. Hopeless.

It can be compiled in the form N INV-17 (approved by the Decree of the Goskomstat of Russia dated 18.08.1998 N 88) or in an independently developed form. The departments believe that in order to write off receivables, the organization must also have documents confirming the occurrence of this debt (Letters of the Ministry of Finance of Russia dated 04/08/2013 N 03-03-06 / 1/11347 and the Federal Tax Service of Russia dated 12/06/2010 N ШС-37-3 / 16955).

Attention

We are talking about primary documents for a business transaction, as a result of which a debt was formed - invoices, acts on the performance of work or the provision of services, payment documents, etc. The agreement and the act of reconciliation do not apply to such documents (Letter of the Federal Tax Service of Russia dated 06.12.2010 N ШС-37-3 / 16955).

Overdue accounts payable: concept, types and terms

What debt is considered overdue Any commercial transaction is accompanied by the conclusion of an agreement between the parties, which stipulates the terms of the transaction: the terms of the agreements and penalties for non-fulfillment of obligations. Such transactions include:

• contract of sale,
• service agreement,
• lease contract,
• credit and mortgage contracts.

Types of overdue debts:

• Accounts payable - the debt of an individual or legal entity to a creditor.

What are overdue accounts receivable?
1 st. 196 of the Civil Code of the Russian Federation).

What is overdue accounts receivable?

The tax authorities agree that the debt for which the parties drew up reconciliation acts can be written off in the accounting after three years from the date of the last reconciliation (Letters of the Federal Tax Service of Russia dated December 6, 2010 N ShS-37-3 / 16955 and the Federal Tax Service of Russia for Moscow dated 04/17/2007 No. 20-12/036354). The courts are of the same opinion (Resolutions of the Federal Antimonopoly Service of the Urals of February 1, 2013 N F09-150 / 13 and of February 16, 2010 N F09-6971 / 08-C2, West Siberian of August 11, 2006 N F04-4912 / 2006 (25117-A81 -14) districts).

Regular signing of reconciliation acts allows organizations to constantly postpone the moment when the debt needs to be written off. But the statute of limitations cannot be extended indefinitely.

Since November 2013, it has been established that this period cannot exceed 10 years (clause 2, article 196 of the Civil Code of the Russian Federation). This means that after 10 years from the date when the debt had to be repaid, it must be written off in tax and accounting records.

How many months is overdue accounts payable

Most outstanding debts are written off after a three-year period. As a general rule, the limitation period is three years from the moment when the debt should have been paid off (clause 1, article 196 of the Civil Code of the Russian Federation). If, after three years, the receivables remain outstanding, in tax accounting their amount is included in non-operating expenses, and in accounting - in other expenses (clause 2, clause 2, article 265 of the Tax Code of the Russian Federation and clause 11 PBU 10/99). This is what organizations do that do not create a reserve for doubtful debts. If the company forms it, it writes off the amount of bad receivables at the expense of the reserve (para.
2 p. 5 art. 266 of the Tax Code of the Russian Federation and clause 77 of the Regulations on Accounting and Accounting in the Russian Federation). Accounts payable not repaid within three years are reflected in tax accounting in non-operating income, in accounting - as part of other (para.
18 art. 250 of the Tax Code of the Russian Federation and clause 7 PBU 9/99).

How long does it take for accounts receivable to become past due?

Planning a repayment schedule for such debts is the task of managers and economists of an enterprise. The calculation of the value is carried out according to the formula: (360 * average annual amount of debt) / revenue, where the average annual amount is obtained by dividing the amount of debt by the number of working days. When the borrower does not meet the deadlines, management enterprises appropriate to take preventive measures. Such a policy would prevent doubtful debts from becoming bad debts. Overdue accounts payable: concept, types and terms Attention Rules for collection in case of violation of the terms of payments Determining the procedure and strategy for collection plays an important role in situations where overdue receivables are recorded. Accountants enter into the current documentation how many months the delay and the balance of payments are and retain the primary lending papers.

Accounting arrears

In what cases are special statutes of limitations applied? Why is it important to check if there is a counter-debt.

Info

What debts are written off only after 10 years from the moment of occurrence. The deadline for submitting the annual financial statements and income tax returns for 2014 is approaching.

Before compiling them, the organization needs to identify receivables and payables, the limitation period for which has expired this year. Such debts are considered uncollectible. They need to be written off both in tax and accounting (p.

18 art. 250 and pp. 2 p. 2 art. 265

Tax Code of the Russian Federation, paragraphs 77 and 78 of the Regulation on accounting and financial reporting in the Russian Federation, approved. Order of the Ministry of Finance of Russia dated July 29, 1998 N 34n). We will figure out how to do it right and what documents should be issued.

When accounts payable become past due

Therefore, he is not required to re-recognize advances in non-operating income after the expiration of the limitation period. In accounting, overdue accounts payable "simplifiers" are classified as other income, bad "receivables" - as other expenses (clause 7 PBU 9/99 and clause 11 PBU 10/99). However, when calculating the "simplified" tax, the organization cannot include the written-off receivables in expenses. After all, the list of expenses taken into account on the “simplified” basis is closed and does not contain such a type of expenses as losses from writing off overdue debts (clause 1 of article 346.16 of the Tax Code of the Russian Federation). A similar point of view is shared by the Ministry of Finance of Russia (Letters dated 06/23/2014 N 03-03-06/1/29799, dated 07/22/2013 N 03-11-11/28614 and dated 04/01/2009 N 03-11-06/2/57 ).
The term may be interrupted if the debtor takes certain actions to recognize the debt:

• Recognizes the claim of the lender in writing and signs a reconciliation report on the absence of payments.
• Concludes a restructuring agreement.
• Partially pays debts.
• Recognizes claims in part.

If one action from the list is present, then the statute of limitations is interrupted and the countdown starts again. Civil law provides not only for the interruption, but also for the suspension of the statute of limitations. How long does it take for accounts receivable to become past due? Untimely control of financial receipts and the growth of overdue accounts receivable leads to the bankruptcy of the company. Keep in mind that the monitoring of the state of such debts is carried out for 5 years.

What debt is considered overdue in accounting

If after that an overdue “receivable” remains in accounting, the organization has the right to include only this amount in non-operating expenses (Letter of 04.10.2011 N 03-03-06 / 1/620). Read on e.rnk.ru. Even More Useful Materials There is an opinion that a buyer's debt cannot be considered hopeless if there are relations with him under other contracts under which he regularly fulfills his obligations.

Can an organization, after the expiration of the limitation period, write off the debt of such a counterparty in tax accounting? Opinions were divided. The majority of www.rnk.ru website visitors (66%) believe that the debt can be written off.

After all, the expiration of the limitation period is sufficient grounds for this (clause 2, clause 2, article 265 and clause 2, article 266 of the Tax Code of the Russian Federation). In addition, the Tax Code does not contain a ban on the inclusion of overdue receivables in expenses if there are other contractual relations with the counterparty.