The seller, having received an advance payment, must form an invoice and register it in the sales book. Otherwise, the organization will be charged a fine in the amount of 10 to 40 thousand rubles. In order not to violate tax laws, you need to clearly know when an invoice is issued in advance, how to fill out, what are the requirements for the design of the document.
Essence
An invoice is a document based on which the buyer can present the input VAT deductible. The seller must form the invoice and send it to the counterparty upon payment and shipment of goods. In addition to different compilation points, these two documents also differ in the amount of information displayed.
Order
When are advance invoices issued? Within 5 days of receiving the money. The invoice is made in duplicate. If mistakes were made when the document was issued, the Federal Tax Service may refuse to deduct VAT to the buyer. But such sanctions do not apply to the seller. He must accrue tax twice: upon receipt of funds and at the time of sale.
Invoices can be issued in electronic and paper form. In the second case, both parties to the transaction must have technical equipment.
An invoice is issued only if the advance and sale have passed in different tax periods. The amount of VAT payable is calculated at the end of the month. If payment and shipment occurred in the same period, the tax base will not be distorted.
Requisites
There are not so few of them:
- invoice number and date (page 1);
- name, TIN, PPC of participants in the transaction (p. 2, 6);
- payment details (page 5).
- currency name (line 7);
- names of goods (column 1);
- prepayment amount (column 9);
- tax rate (column 7);
- the amount of VAT (column 8).
An advance invoice for partial invoice payment is prepared in the same way. Line 5 shall indicate the details of each of the payment systems. If the funds were received in non-cash form (by barter or netting), then a dash is put. Lines 3 (“Consignor”), 4 (“Consignee”), columns 2–6, 10, 11 must remain empty.
Nuances of filling out accounts:
- you need to enter account numbers in a single register;
- if the payment has been received before the conclusion of the contract, then the general name of the goods (for example, “household chemicals”) and the maximum VAT rate should be indicated in the invoice;
- the presence of additional notes on the document (for example, “from Gazprom”) does not invalidate it;
- The document is signed by the director and accountant.
Box 1
This item contains the name of the goods for which an invoice is issued in advance. When a document is written, it is very important that the name of the product matches the one indicated in the specification.
The buyer can transfer funds to the account of goods for which different VAT rates are provided. How, then, is an invoice for an advance paid? When a document is issued, the terms of the contract must be observed. If the data allows you to separate the volumes of goods at different rates, they must be selected in the account as separate items. Or write out a invoice with a generic name and indicate a large bid.
The contract may provide for different delivery times. When invoices are issued in advance, you do not need to split the amount into several positions.
Example
AO March 2 received an advance in the amount of 12.9 thousand rubles. Two days later, the accountant wrote out the invoice in duplicate. One registered in the sales book, the second sent to the buyer. The sale of goods occurred on April 23 in the amount of the invoice issued 12.9 thousand rubles. (VAT - 196.80 rubles). On the day of shipment, the accountant registered a new invoice in the sales book, and the previous one in the purchase book.
Continuous supply
Some enterprises, for example, telecommunications, work on a prepaid basis. When are advance invoices issued by such organizations? At the end of the billing period, the amount of received payments minus the cost of the services provided. If the shipment is carried out within 5 days after payment, then the invoice is put up for sale.
Exceptions
Is it mandatory to invoice in advance? Not. An invoice is not issued if:
- the period of manufacture of goods exceeds six months;
- goods are not subject to VAT or the rate is zero.
An advance invoice is issued for how long? Not later than 5 days from the receipt of the advance. If payment and shipment are made in the same quarter, then the invoice may not be written out, since payment is not recognized in advance. This interpretation of the FAS causes controversy among the Federal Tax Service. According to Art. 168 of the Tax Code of the Russian Federation, an invoice for an advance is issued regardless of the term for the shipment of goods. Since the interpretation of decisions is not the same, disputes on this issue are most often resolved through the court.
Workflow
If advance payment and shipment took place in one quarter, then the declaration must indicate:
- double tax base: for the amount of prepayment and cost of sales;
- one time tax deduction from received money.
Example
The organization at the beginning of the year concluded a contract for the provision of communication services. Under the terms of the transaction, the buyer must first transfer the advance. The difference between the amount received and the cost of the services provided is counted towards future advances. As VAT is realized in advance, it is accepted for deduction. The table below shows the movement of funds. Let us consider in more detail when invoices for advance payments are issued.
Month | Advance, thousand rubles | Cost of services, thousand rubles |
January | 1 | 0.9 |
On January 31, the following was recorded in the sales book: |
invoice for the cost of sales - 0.9 thousand rubles; |
advance invoice in the amount of 1 - 0.9 = 0.1 thousand rubles. |
February | 2.7 | 2,5 |
February 28 was recorded in the sales book: |
invoice for the cost of sales - 02.5 thousand rubles; |
advance account in the amount of (2.7 + 1) - (2.5 + 0.9) = 0.3 thousand rubles. |
An advance payment of 100 rubles was recorded in the purchase book. |
March | 0.8 | 1 |
March 31, the invoice for 1 thousand rubles is recorded in the sales book. and an advance invoice for February in the amount of (0.8 + 2.7 + 1) - (1 + 2.5 + 0.9) = 0.2 thousand rubles. |
Refund
Is an invoice issued in advance if a part of the funds needs to be returned to the buyer? Yes. But in the event of a change in the terms of delivery, the seller must deduct the VAT transferred to the budget and reflect all the adjustments in the control unit. A new account is not issued for the amount of the returned part of the funds. But in order to justify the deduction, on the previously issued document in the purchase book, you need to make a note “Return” and indicate the details of the payment. Registration is limited to one year.
A situation may arise when, after changing the conditions, the amount of prepayment will exceed the new cost of services. For example, if the buyer refused part of the goods or exchanged them for cheaper ones. The unearned portion of the payment can be credited against future deliveries or returned to the buyer. At the same time, the amount in the form of the difference between the advance payment and the contract value is presented for deduction.
Example
AO in the first quarter received a full prepayment of goods in the amount of 35.4 thousand rubles. (VAT rate - 18%). In the same period, the accountant wrote out and registered an invoice in the amount of the advance payment, accrued 5.4 thousand VAT. In April, funds were transferred to the budget.
In the II quarter, the company signed an additional agreement, according to which the buyer refuses the first order and changes the goods to the one that is subject to 10% VAT. The cost of such a delivery is 29.7 thousand rubles. The advance payment received earlier is partially transferred to the account of future deliveries and returned to the buyer.
The difference in amounts is 5.7 thousand rubles. These funds are transferred to the buyer. An excessively paid amount of VAT (869 rubles) is presented by the seller for deduction in the II quarter. In the sales book the invoice for advance payment in the amount of 5.7 thousand rubles is recorded. marked "Partial Refund."
In the II quarter, the organization shipped the entire batch of goods. The accountant issued and registered an invoice in the amount of 29.7 thousand rubles. The invoice for the remainder of the advance payment is recorded in the purchase book in the amount of 29.7 thousand rubles, and VAT (4531 rubles) is accepted for deduction.
How will the seller register the invoice?
In the sales book, all columns are filled out, except for 14, 16 and 19. At the time of shipment, the amount of VAT can be deducted in full for the payment received if the advance payment has already been made, or only a part of the prepayment. When goods are shipped, an invoice for the amount of sales is included in the sales book. But the goods can be shipped in several batches. An invoice and an advance can be provided for each. Two invoices are issued according to general rules, that is, if shipping and payment were made in different tax periods.
When filling out the purchase book, the cost of the goods in column 15 should correspond to that indicated in paragraph 9, regardless of how much the goods were actually shipped.
Box 7 of the purchase book is completed if:
- imported goods are imported, tax is levied at customs;
- travel expenses are paid;
- Unfilled advance is returned.
The right to deduct tax is independent of payment. Therefore, payment details for advance payment in column 7 do not need to be transferred.
Example
The seller received an advance in the amount of 59 thousand rubles. (VAT - 9 thousand rubles). The first shipment was in the amount of 50 thousand rubles. The same amount is displayed in column 9 of the account. But when registering a document, column 15 indicates the full amount of the advance payment (59 thousand rubles), and column 16 indicates the VAT deductible (7627.12 rubles). When shipping the next batch of 9 thousand rubles. column 15 again shows the full amount of the advance payment (59 thousand rubles), and column 16 - 1372.88 rubles. VAT.
How does the buyer register the invoice?
Having received an invoice for the advance payment listed, the buyer can accept VAT deductible. This right also arises after capitalization of values. But this time, the amount of VAT should match the one indicated on the invoice. The document itself must be entered in the purchase book. To avoid double reduction of the base, the advance payment deduction must be restored in full if the value of the goods received is equal to the amount of the advance payment, or partially.
To restore the accepted VAT, you need to register the invoice in the sales book in the same manner as the invoice for shipment. But the code of the type of operation should be 21. The cost of goods from column 13b of the book should correspond to the figure indicated in paragraph 9 of the invoice.
Example 1
When invoices are issued for advance payment, the buyer registers the transaction for 59 thousand rubles. The first shipment was 50 thousand rubles. The same amount is indicated in the sales invoice and in the purchase book. A part of the VAT accepted for deduction from advance payment is immediately restored: in column 13b - 50 thousand rubles, in column 17 - 7627.12 rubles. After receiving the second installment, the sales book indicates, respectively, 9 thousand rubles. and 1372.88 rubles.
Example 2
LLC transferred the advance payment on March 2 in the amount of 100 thousand rubles. (VAT 18%) and on the same day received an invoice for the same amount. The account was registered in the purchase book. Then, on March 23, services were provided in advance for an amount of 50 thousand rubles. (VAT 18%). An invoice was also issued and registered for this operation. After this, the seller registers the invoice in advance with the indication of the amount of VAT (7627.12 rubles) in the sales book. So the part of the tax accepted for deduction on advance is restored.
Conclusion
The Tax Code says that an invoice is issued within 5 days from the receipt of the money. But if the receipt of funds and shipment took place in the same tax period, then the basis for calculating VAT will not be distorted. That is, the document can not be written out. The advantage of this scheme is that the buyer can accept VAT deductible and close the quarter. But such a scheme causes a lot of controversy with the tax. And they have to defend their rights in court. To avoid problems, you can invoice each delivery, and print it at the request of the counterparty. So the tax will not make claims, and buyers will always be able to accept VAT deductible. But such a scheme will add a lot of paperwork to the accountant.