Contents of the refund request
When composing a letter for a return transfer of money, you should write down the details of the company and legal entity. This also includes full name. the head of the debtor's company and its name. The subject is the title of the letter. The wording should include the following:
- based on what papers and in what way the money was transferred
- refund amount
- compelling reasons indicating the need to transfer money back
- return deadlines
If the agreement specified fines, it is also worth mentioning them in the document, but only if the counterparty has violated the terms of the contract that they affect.
Regulation by law
The organization has every right to demand its money back if:
- deadlines not met
- if errors are detected in the details
- product quality is lower than stated
- upon termination of the contract by agreement of the supplier and recipient
Note! The law does not provide for a specific sample letter for the return of money, therefore it is allowed to be drawn up in any form, but taking into account the rules that will identify the parties to the process and will allow the money transfer to be carried out without hindrance.
Sample applications
For return according to the agreement
If money was transferred in excess to a commercial organization, there is no standard application form for its return.
In LLC ______
Location: ________
From: Full name / Name
Address _______
Contact phone number
I hereby notify you that funds in the amount of _____ were erroneously transferred to your address using the following details _______.
The reason for the transfer of these funds was a technical error, as a result of which the amount under contract No. ___ dated ____ was transferred in a larger amount than was necessary.
I request a refund of overpaid funds in the amount of _____ using the following details ______________.
Date, signature.
How to return a transfer using a reconciliation report
Sometimes a refund of an overpayment is required due to errors in the recipient's account number. If the goods were returned after payment was made to the initially designated invoice, you should contact the accounting department of the counterparty, reconcile the accounts, coordinate the sending of the amount, and also agree on the reconciliation report. This document will be required regardless of the reason for the return. The report helps to identify a specific error and identify discrepancies in accounting.
conclusions
Regardless of the situation in which the excess amount was transferred, it can be returned. The algorithm of action is approximately the same in all cases.
- Having learned about the receipt of money, the citizen or organization informs the payer about the overpayment received.
- If a citizen discovers an error, he is obliged to notify the recipient about it and ask for a refund.
- In court, you can demand the return of money if they refuse to return the money.
- If the accounting department accidentally transferred money to an employee, then it can either make a refund in 1C or issue a deduction of the required amount from the subsequent payment due to the employee.
To avoid such mistakes, you need to carefully check all payment details and also not use dubious payment services.
Rules for sending overpayments
When the counterparty confirms a specific amount by signing a deed, a letter should be issued asking to transfer the money back.
This letter serves as the basis for the return. If there is no document, the organization’s accountant does not have the right to make any payments on his own initiative. The letter can be written in free form, but preferably on the official letterhead of the organization.
Correct letter formatting
The legislation does not prohibit writing a letter in free form, but it must include the details of the organization, information regarding the transfer of funds, full name. the counterparty and the name of the organization that will be formed to return the money.
Based on this document, the counterparty must return the full amount of funds or part thereof within the specified time frame. For late return of money you will have to pay a penalty.
Document structure
If the letter is issued on the organization's letterhead, in the upper left part there will be fields for the document number and date of completion. On the right side, information about the counterparty is indicated (name of organization, legal address, INN, KPP).
Below in the middle is the word “Statement”. Next you need to start writing the wording. It is very important here to indicate the reasons that serve as the basis for sending the overpayment back. You should also indicate the timing and specific amount.
Below the text there are fields for filling in details. At this point, do not forget to indicate the name of the organization receiving the funds. The details must include the signature of the general director along with a seal, as well as the position and signature of the person preparing the letter.
Important! The return document can be drawn up by the head of the organization personally, his right hand, an accountant or another employee of the company, if his signature is accompanied by the official seal of the company.
Additionally, the document can indicate legislative acts regulating the obligations of the counterparty regarding the return of overpayments.
In this way, the organization reminds of the possible negative consequences that may be provoked in the event of refusal to transfer the requested amount of money. To confirm the transfer of excess funds, you can add to the requirement a reconciliation statement for mutual settlements, payment orders or a bank statement.
Rules for processing a refund of an overpayment to the Federal Tax Service:
To the tax office
Refunds of overpaid taxes are also carried out upon an application sent by the taxpayer to the tax authority. A tax refund can be made within 3 years after it has been paid in excess (clause 7, article 78 of the Tax Code of the Russian Federation).
The application form for the refund of overpaid tax was approved by Order of the Ministry of Finance of the Russian Federation dated February 14, 2021 No. ММВ-7-8 / [email protected] “On approval of document forms used by tax authorities and taxpayers when carrying out offset and refund of amounts of overpaid (collected) taxes , fees, insurance premiums, penalties, fines. The application form can be downloaded from the Federal Tax Service website.
The statement states:
- TIN, KPP (if any) of the applicant returning the overpaid tax;
- Tax authority code,
- Name or full name of the taxpayer;
- Tax period for which the refund is made;
- Grounds for return in accordance with the Tax Code of the Russian Federation.
The application must be signed by the taxpayer in a special field. It is also possible to sign the application with an electronic signature and submit it through the taxpayer’s personal account.
How long to store documents
All documentation regarding the return, including correspondence with the counterparty, must be archived for at least 5 years. It is recommended to create separate repositories for storing dialogues.
The form and order of these papers should be approved in the accounting policy. Afterwards, it is necessary to appoint a responsible person and familiarize him with the procedure for maintaining documentation for signature. Then you need to indicate responsibility in the official list of rules.
Video instructions on how to reflect returns in accounting:
Rules for issuing a return certificate
At the top of the act, the person to whom it is sent is indicated, that is, the manager or chief accountant. Below you should write the name of the organization that owes the money.
The main part of the act is the wording. Here you need to write that money was mistakenly transferred to the company’s account, and it must return it based on the law of the Russian Federation. It is also worthwhile to accurately indicate the reason for the return and provide details.
Return procedure
The counterparty undertakes to transfer funds to the buyer’s account no later than 10 days after receiving a written request. This period is fixed in the current legislation and its violation threatens with a fine in the form of interest. Its size varies from 1% to 3% of the daily overdue amount.
In addition, do not forget about the fine specified in the agreement. Often, the overpaid amount is refunded using the same method that was used for the first payment. If the payment was made in cash, the money will go to the person who deposited it. In the case of non-cash payments, the funds will go to the sender’s account. If money has to be taken forcibly, the conditions may be changed.
Wrong payment
There are two types of erroneous payments:
- The bank transferred the transfer to the wrong account indicated by the sender (disputed transaction).
- The sender made a mistake when dialing the recipient's account number;
As soon as an error is discovered, you must immediately call the bank’s support service, then write an application to the bank for a refund and wait for the results of the bank’s verification.
How should I post a refund of the erroneously transferred amount to our current account?
- You need to do the reverse posting to the one you made when transferring. For example, if you transferred money to the supplier and made a posting of D 60 K51, then when returning funds, do D51 K60.
- 1. D 70 K 51 - salary transfer Then the bank notifies you that the bank account is indicated incorrectly. and there will be a refund, make a posting 2. D 76 K 70 (transfer the incorrect amount sent to the account for settlements with different debtors and creditors) 3. D 51 K 76 (you will receive the incorrectly transferred amount from the bank, refund) 4. D 70 K 51 (you are correctly transferring funds to your salary)))))))))))) Account 91 will not be involved here, this is not your income, this is simply a return of incorrectly transferred funds.
I think the wiring is incorrect!
. And in general, the question itself is not entirely clear, if you transfer salary payments to employees’ cards, then D 70 K 51. Refund accordingly: D 51 K 70. But you can use the 76 account sub-account “Settlements with banks for transfer of salary”, it will be D 76 subaccounts
“Calculation...” K 51 - the amount for the salary is transferred D 51 K 76 subaccounts.
“Calculation...” - the erroneously transferred amount was returned.
Responsibility for non-refund
When the debtor refuses or is unable to return the overpaid funds, the organization can seek help from the court or Rospotrebnadzor. In addition, companies occasionally turn to the prosecutor's office if they are sure that they have become victims of fraudulent schemes.
The first authority to contact if there is no return is Rospotrebnadzor, since it is this body that is responsible for the protection of consumer rights. Based on the received application, Rospotrebnadzor initiates an inspection of the work of the service or goods provider who refused to return the money. The final decision is made within 1 month, but no later.
Working with the court will be more difficult and lengthy. This is a last resort measure to try to get your money back. After filing a claim, it will be considered within 5 days. At the next stage, a company representative must appear at meetings and present the grounds for transferring funds from the supplier of goods.
The procedure for returning overpaid funds is rarely complicated by unforeseen circumstances. If the reasons are really compelling, the counterparty will not risk its reputation and will return every penny on time. The only thing that is required from the buyer is the correct execution of documents and the provision of a convenient transfer method for the seller.
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