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  • Offset of VAT overpayment in case of arrears on other taxes

  • The first part of the Tax Code of the Russian Federation. General norms of the Code, including basic issues: principles of tax calculation, features of preparation and submission of reports, interaction with the Federal Tax Service (FTS of Russia) and control, fines for offenses.
The first part of the Tax Code of the Russian Federation. General norms of the Code, including basic issues: principles of tax calculation, features of preparation and submission of reports, interaction with the Federal Tax Service (FTS of Russia) and control, fines for offenses.
 #89  by alexa
 
A situation has arisen related to the specifics of the procedure for setting off overpaid amounts of value added tax (VAT). If an organization has both an overpayment of VAT and arrears to the budget for other types of taxes, what is the procedure for sending the overpaid amount to repay the debt in accordance with current legislation?

Are there any time limits for submitting applications for a test? How do I apply for a netting in order to avoid fines and claims from the tax authorities?

I would be grateful for your opinions and practical recommendations, especially taking into account the recent changes in the procedure for settlements with the budget system.
 #90  by ogbet
 
When a single tax bill was not applied, the issue of setting off overpaid value added tax (VAT) was of particular importance. There were situations when the company was faced with simultaneous overpayment of VAT and arrears to the state for other types of taxation. In this case, the legislation provided for a mechanism for redirecting surpluses to repay obligations on other tax payments.

The organization has the right to apply for the offset of overpaid VAT amounts against existing tax arrears. The procedure is carried out as follows:
- The organization submits an appropriate application to the tax authority, attaching the necessary supporting documents.
- After checking the submitted information, the tax inspectorate makes a decision on crediting or rejecting it.
- The application must contain detailed information about the amounts of the overpayment and the obligations to be repaid.

As for the time frame for submitting such an application, there is a clearly defined time frame. As a general rule, a taxpayer must apply for a set-off within three years from the date of the overpayment. Missing the deadline makes it impossible for the organization to exercise the right to a refund or set-off.

When applying for a netting, it is extremely important to comply with a number of formal conditions. Firstly, it must be submitted exclusively in writing. Secondly, it is mandatory to specify the exact details of the payment, the type of tax, the amount of the overpayment and the amount of debt. Finally, the application must be accompanied by supporting documents, such as bank certificates, inspection notices of detected overpayment, and other papers.

Failure to follow established procedures may result in fines and claims from regulatory authorities. Therefore, companies are advised to exercise maximum care when making such requests, check the correctness of the documentation in a timely manner and take into account the provisions of the law.