A tax arrears is , in a word, a debt. It is formed in case of non-payment of the mandatory payment to the budget within the period established by law.
Historical reference
Arrears began to appear among the peasants for the first time. The late payment of taxes was due to various reasons. During serfdom, the fees were usually very high. The income of the peasants was not enough not only to pay fees, but also for a normal life. As a result, arrears arose . This debt could also be formed in the case of a low crop.
Tax debt
At present, arrears are not only the amount of unpaid tax at the due date.
Such a debt may arise in connection with excessive compensation to the business entity of the deducted mandatory payment. From the budget, for example, you can return the transferred amount of VAT and excise taxes.
Sanctions
When calculating the amount of tax a certain period is established in which it must be transferred to the budget. On the day after the end of this period, arrears arise in case of non-payment . This means that penalties can be applied to the violator of the requirements of the law. Their accrual is carried out until the debtor has not paid the debt together with interest.
If the subject was unduly reimbursed the amount of deduction, then interest will be charged until the return of the corresponding amount.
Important point
The amount of arrears is the debt that must be paid by the entity voluntarily with accrued interest. If a person evades debt repayment, the control authorities have the right to collect it forcibly.
In some cases, the tax service recognizes the debt as bad and writes off the arrears. This is extremely rare.
The arrears can be repaid by force at the expense of the debtor or his property if there are no or insufficient funds on his accounts in the bank.
Debt claim
Before the beginning of the forced collection of arrears, the offender is sent a notification with a proposal to voluntarily pay off the debt and interest.
The request is sent to the debtor within three months from the date of discovery of the debt by the tax authority. If the arrears were revealed during the verification of settlement transactions made by the person responsible for the deduction of contributions, the notice shall be sent within 10 days.
The notice shall indicate:
- Amount due.
- Maturity dates.
- The consequences that may occur in case of debtor evasion from fulfilling obligations to the budget.
- References to regulations governing relations in the field of taxation.
If the deadline is not indicated in the notification, then, according to general rules, the entity must pay off the debt within five days.
In the absence of active actions on the part of the debtor aimed at payment of arrears and interest, the regulatory authorities begin the process of enforcement. The corresponding decision is sent to the person within 6 days.
The amount of interest depends on the amount of arrears. When calculating, the Central Bank refinancing rate is applied. The indicator used is valid at the date of debt formation.
Nuances of accounting
If the company uses the simplified tax system, the size of accrued interest is not reflected in expenses. Accordingly, they are not shown in the book of expenses / income.
In other cases, in accounting to reflect the amount, you can open an additional sub-account to the account "profit and loss".
When deducting arrears and penalties, 2 payment orders should be drawn up. This is due to the fact that these payments have different codes in the budget classification.