There was an overpayment of income tax, and want to resolve this issue? solution is, you can take the opportunity to deduct the excess amount of the overpayment of VAT in respect of future payments on profits. Carrying on business, certainly you need to comply with tax obligations, the essence of which includes the payment of taxes. Depending on the form of economic activity, and are due to taxes. If you're a legitimate business and follow a common system of taxation, then you are required to pay income and, accordingly, the VAT. Not rare, in which the organization appears on the VAT overpaid. This occurs for various reasons, for example due to an error, admitted when calculating, while overstating the tax base, or incorrect re-payment of payment orders, and in many other cases. What are the options proposed legislation, to deal with such cases? Taxpayer offered three options, of which:
- Subsequent tax periods, pay less identified overpayment. If the overpayment is too big, it is possible to distribute it to multiple fiscal periods.
- Refund the overpayment.
- Implement perezachet overpayments to other taxes.
This article, consider the third embodiment Actions, which will help the owner make perezachet VAT overpaid, on account of income tax.
legislative acts, for perezacheta
For perezacheta overpayment to other taxes, reference is made to the first paragraph articles 78 NK RF which says, recalculation of the amount that can be made in case if the first tax, on which the overpayment is detected and a second, to be translated, They are local, federal or regional. It means, that produce perezachet Taxes different categories prohibited, eg, between local and regional or between federal and local. First you need to determine which group include taxes, before making perezachet. Income tax and VAT, refer to the federal tax, membership of which in accordance with the Article 13 NK RF certain . Consequently, perezachet between these taxes are allowed to carry out.
The company «№1» carries out wholesale trade in building materials, for the second quarter 2013 year VAT declaration was submitted. The declaration, in column 040, including the amount of $ 60000 rubles. when converted, accountant, made a mistake, counted twice this amount, ie. 120000 rubles, eventually formed the overpayment of 60000 rubles. During the quarter under "income" the amount payable to the budget was in the amount of 50000 rubles, and funds for the repayment of the tax at the firm were absent, due to overpayments. In accordance with 78 Article, clause 4 Tax Code, Company «№1», filed a request to the IRS their, perezachet on overpayment of VAT income. The statement asks implement perezachet amount of VAT overpaid, indicating CSC tax, in the amount 50000 rubles, which was formed by the transfer of the amount of tax to a surplus for the second quarter 2013 of the year, perezachest it to profit in the amount of tax 50000 rubles. The form of this statement is not regulated, but FNS website offers its recommended form, which can be used if necessary. AT perezachet statement on overpayment of taxes The following information must be present:
- Tax authority, in which a request is sent
- Name of legal or natural person, his INN, PPC, business address and telephone number
- name of tax, which is to be made perezachet amount of BCF.
Applications must endorse and be signed by the director and chief accountant, and definitely secured the company's seal. It is important to know, in accordance with the 78 Article, clause 5 NK RF, the decision to transfer will be considered by the tax authority for 10 days, from the date of receipt of the application, or from the moment of signing the act of reconciliation. The decision to offset funds should be transferred to the taxpayer in writing. Consequently, you must apply for a 10-day period prior to the taking into account of tax payment, over which perezachet. In case of delay, you can impose a penalty. In accordance with 78 Article, paragraph 7, of the taxpayer during 3 years old, It retains the right to carry out perezachet from one tax to another.