Upfront payments are popular in many industries. However, sometimes situations arise that require the return of an already posted advance payment. This process on the territory of the Russian Federation is regulated by law.
It is necessary
The contract for the purchase of goods
Instructions
Step 1
Many activities involve making advance payments. An advance payment means the introduction of funds towards payment for works, services or goods in advance, that is, before the receipt of the goods or the performance of services. The popularity of advance payments is due to the fact that they represent one of the forms of investment in the business and are included in the assets of the company that provides it.
Step 2
Advance payments can be made in various areas: tax payments, customs payments, payment for goods / services, and others. Each of the individual cases is legally regulated by the laws of the Russian Federation adopted in this area and Government decrees.
Step 3
In the event of an advance payment of an entrepreneur for taxation and subsequent termination of his entrepreneurial activity, the overpaid amounts are refunded in accordance with the rules of Article 78 of the Tax Code of the Russian Federation.
Step 4
It is also possible that there is a sharp drop or increase in income from business activities (more than 50%). In this situation, the entrepreneur is required to file a new tax return, which entails a recalculation by the tax authority of the amounts of advance payments for the payment deadlines that have not yet come for the current year.
Step 5
An advance payment when purchasing a product or concluding an agreement for the provision of certain types of services is documented with a description of all the possible consequences of making this payment. A separate item considers the issue of the possibility of terminating this agreement and the subsequent actions to return / not return the advance payment (which is due to the reasons for terminating the agreement).
Step 6
It is necessary to distinguish between the concepts of "deposit" and "advance payment". In most cases, the return of the deposit in such situations is not provided. If the term "deposit" was not used, this amount paid is considered an advance payment.