Netting between three organizations: postings, sample

Offsetting is the repayment of debt obligations in which there is no movement of funds. This operation is possible if the companies have obligations to each other with the same amount.

For example, you have a debt to the Beta organization in the amount of 100,000 rubles. But we also have obligations to Alpha in a similar amount. When offset, there is, in fact, annulment of mutual claims. There is no movement of money during the process. This operation involves the use of appropriate transactions.

Question: Does an organization need to use cash register systems when offsetting mutual claims with an individual purchasing goods (work, services) from it? View answer

Netting between three organizations

Settlement between three organizations is possible with the mutual consent of all three parties. The possibility of offset is provided for in Art. 410 of the Civil Code of the Russian Federation, which states that the obligation is terminated in whole or in part by offsetting a counterclaim of the same type.

According to Article 153 of the Civil Code of the Russian Federation, actions of legal entities aimed at establishing, changing or terminating civil rights and obligations are recognized as transactions. In accordance with Article 154 of the Civil Code of the Russian Federation, transactions can be multilateral (agreements), the conclusion of which requires the expression of the agreed will of the three parties.

As a rule, the trigger for concluding a trilateral agreement is the presence of receivables and payables between the parties to the agreement.

This transaction allows you to achieve mutual repayment of obligations, avoiding cash payments. A feature of mutual settlement between organizations is that a party that does not have any obligations towards at least one of the parties cannot take part in this agreement. The tripartite agreement is carried out in the opposite direction to the flow of debt.

Example 1. LLC "ABV" has a debt to LLC "GDE" in the amount of 430,000 rubles, LLC "GDE" has a debt to LLC "ZhZI" in the amount of 560,000 rubles, LLC "ZhZI" has a debt to LLC "ABV" in the amount 150,000 rubles. The parties decided to enter into an agreement on mutual settlement between three organizations in order to partially repay obligations, namely for the amount of the smallest debt (150,000 rubles).

Thus, the offset looks like this: from LLC “ABV” to LLC “ZhZI”, from LLC “ZhZI” to LLC “GDE”, from LLC “GDE” to LLC “ABV”.

As a result of the transaction, the remaining debt is as follows: (click to expand)

• ABV LLC to GDE LLC – 280,000 rubles;
• LLC "GDE" to LLC "ZhZI" - 410,000 rubles;
• LLC ZhZI's obligations to LLC ABV have been terminated.

Accounting for VAT during offsets

Despite the fact that the amount of VAT appears in the netting agreement, the parties do not have obligations to pay or recover VAT. This is due to the fact that for VAT purposes, the fact that the buyer paid the tax does not matter. The parties read out the requirements to each other in full, including VAT. The fact of offset does not in any way affect the taxable base for VAT, including offset does not affect the VAT claimed for deduction.

Previously, the tax office required that the parties transfer VAT to each other and only then offset the claims without the tax amount. This caused a lot of controversy, so now the requirements have been changed, and there are no problems with VAT when netting.

In accounting, the offset of claims from each party is formalized with just one entry:

Dt 60/76 Kt 62/76 - mutual claims were offset.

For example, two agreements were concluded between Gromada LLC and Liven LLC, according to which:

• “Hromada” sold “Livnya” a batch of keyboards worth 60,000 rubles, including VAT 20% - 10,000 rubles;
• "Liven" provided "Hromada" with services for the repair of office equipment in the amount of 54,000 rubles, including VAT 20% - 9,000 rubles.

The parties entered into an agreement to offset claims for the lesser of the amounts - 54,000 rubles, including VAT - 9,000 rubles. "Hromada" builds the following accounting facilities:

As a result of Operation Liven, Hromada owed 6,000 rubles.

Accounting entries for netting between three organizations

For correct accounting, it is necessary to carefully monitor accounting entries to avoid errors. According to Order of the Ministry of Finance of the Russian Federation dated October 31, 2000 No. 94n (as amended on November 8, 2010) “On approval of the Chart of Accounts for accounting financial and economic activities of organizations and Instructions for its application,” accounting for settlements with the supplier and buyer is carried out on accounts 60 and 62.

To reflect debt in accounting, it is possible to reflect it using the symbol “/” (60/ABV), where through “/” the legal entity that is a debtor to the organization is indicated.

An example of an accounting entry for netting between three organizations will be presented in the section “An example of reflecting netting between three organizations in accounting” of this article.

How to make a Reconciliation Report in 1C 8.3

Step 1. Control of counterparties' debt

To control mutual claims in 1C 8.3, it is necessary to keep analytical records of debt under counterparties and contracts.

To control and identify debts on counterparties, use the Account balance sheet report from the Reports section, where we select Account balance sheet.

The account is selected corresponding to the type of debt:

• Accounts payable – 60;
• Accounts receivable – 62;
• With other counterparties – 76 and so on.

Step 2. How to generate a reconciliation report

Where can I find the act of offset in 1C? It is drawn up from the section Purchases or Sales – Statement of Reconciliation of Calculations:

• Period – period of reconciliation of mutual settlements. The tabular section includes documents included in this period;
• Agreement – ​​indicated if it is necessary to make a reconciliation for a specific agreement. If reconciliation is considered in general for the counterparty, then the agreement does not need to be indicated:

After filling out the header of the document, fill out the Settlement Accounts. Invoices can be entered manually or auto-populated by default.

Important! If some kind of subaccount was created in 1C 8.3, then it must be added manually:

It is necessary to take into account: when the tabular part is filled out using the Fill button, all manual adjustments to it are deleted.

Next, fill in the tab According to the organization's data.

Documents can be entered using the Add button manually or automatically by clicking Fill in - according to Accounting Data. When filling out, the period is automatically analyzed, as well as the specified accounts on the Accounts tab:

The “According to counterparty data” tab can be filled in automatically using the organization’s data:

In the Additional tab, specify the data for the printed form:

• Representative of the organization and Representative of the counterparty are authorized persons signing the Reconciliation Report;
• Split by agreement – ​​allows you to group documents by agreement in printed form:

The footer of the document reflects the balance of the debt and the discrepancy between the amounts and the counterparty:

To display a printed form of the Settlement Reconciliation Report in 1C 8.3, you need to use the Print button.

If the Reconciliation Report is approved, then check the Reconciliation approved checkbox. After installing it, the document becomes unavailable for editing.

Important! The document Reconciliation Act in 1C 8.3 does not make any movements.

The offset must be reflected in the accounts of both parties.

For more details on how to make a statement of reconciliation of mutual settlements in the 1C Accounting 8.3 program with suppliers or customers for a period and send it by e-mail to the counterparty, read the following article.

Documents required for mutual settlement between three organizations

In accordance with Article 410 of the Civil Code of the Russian Federation and Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 29, 2001 No. 65 “Review of the practice of resolving disputes related to the termination of obligations by offsetting counter homogeneous claims,” a statement from one party is sufficient for offset. The court takes the side of the debtor organization if there is an application on its part to carry out mutual settlement between organizations.

So, to carry out mutual settlement between organizations, the following documents are required: (click to expand)

• an application by one of the parties sent to an organization that has accounts payable or receivable in relation to it;
• agreements concluded between the parties;
• Settlement deed signed by three parties.

Sample act of offset

When forming an act of offset, it is necessary to be guided by the requirements for primary documents in accordance with Federal Law of November 21, 2011 No. 129-FZ “On Accounting” (Article 9):

• Title of the document;
• date of document preparation;
• names of organizations on whose behalf the document was drawn up;
• content of a business transaction;
• meters of business transactions in physical and monetary terms;
• the names of the positions of the persons responsible for the execution of the business transaction and the correctness of its execution;
• personal signatures of these persons.

The act of offset of mutual claims of three legal entities is drawn up in three copies - one for each of the parties. Read also the article: → "".

ACT of offset of mutual claims of three legal entities

Ekaterinburg July 15, 2021

LLC "ABV", hereinafter referred to as "Party 1", represented by General Director Alikin B.V., acting on the basis of the Charter, and LLC "GDE", hereinafter referred to as "Party 2", represented by General Director Gusev D.E. ., acting on the basis of the Charter, and ZhZI LLC, hereinafter referred to as “Party 3”, represented by Z.I. Zhilyakov, acting on the basis of the Charter, equally referred to as the “Parties”, have drawn up this act on the following:

• In order to make settlements as efficiently and quickly as possible, the Parties agreed to set off the amount of mutual homogeneous claims that have become due. Mutual demands are expressed in rubles of the Russian Federation:

1) Party 1 has a debt to Party 2 in the amount of 430,000 rubles (Agreement No. 1111 dated 03/01/2017. Deadline for fulfillment of obligations is 07/01/2017);

2) Party 2 has a debt to Party 3 in the amount of 560,000 rubles (Agreement No. 2222 dated 03/10/2017. Deadline for fulfillment of obligations is 07/10/2017);

3) Party 3 has a debt to Party 1 in the amount of 150,000 rubles (Agreement No. 3333 dated 03/11/2017. Deadline for fulfillment of obligations is 07/11/2017).

• Taking into account the mutual nature of counter-obligations, the Parties agreed to set off the amount of debt in the amount of 150,000 (one hundred fifty thousand) rubles. 00 kop. for partial repayment of debt.
• After the Parties have carried out mutual homogeneous claims under this act, the balance of debt as of July 15, 2017 will be:

1) Party 1 before Party 2: 280,000 (two hundred eighty thousand) rub. 00 kop.;

2) Party 2 before Party 3: 410,000 (four hundred ten thousand) rubles. 00 kop.;

3) Side 3 before Side 1: 0 rub. 00 kop.

Application:

Act of reconciliation of mutual debt dated July 15, 2021 No. 1.

———————————

<*> In accordance with clause 4 of Art. 168 of the Tax Code, the amount of tax imposed by the taxpayer on the buyer of goods (work, services), property rights, is paid to the taxpayer on the basis of a payment order for the transfer of funds when carrying out goods exchange transactions, offsetting mutual claims, when using securities in settlements.

An example of reflecting mutual settlement between three organizations in accounting

LLC "ABV" has a debt to LLC "GDE" in the amount of 430,000 rubles, LLC "GDE" has a debt to LLC "ZhZI" in the amount of 560,000 rubles, LLC "ZhZI" has a debt to LLC "ABV" in the amount of 150,000 rubles . The parties decided to enter into an agreement on mutual settlement between three organizations in order to partially repay obligations, namely for the amount of the smallest debt (150,000 rubles).

ABC LLC reflects the following data in its accounting records:

GDE LLC reflects the following data in its accounting records:

ZhZI LLC reflects the following data in its accounting records:

Thus, the example shows that, based on a mutual agreement on netting, each of the three organizations in its accounting records reflects an accounting entry that makes it possible to track the complete or partial termination of the obligations of one legal entity to the other.

Forms of offset

The following forms of mutual settlement can be distinguished:

• One-sided . The initiating party draws up an application indicating the proposal for mutual offset. The document is sent to the company's creditor. The application is drawn up in free form, but it must contain a list of mandatory information: details of the organization, name of the application, date of execution, operation as a result of which the debt arose. The date of offset can be considered the day on which the application was received by the creditor.
• Double-sided . A bilateral agreement on the offset is drawn up. Representatives of both companies put up their murals. The document is also drawn up in free form, it indicates details and information about the parties to the offset. The bilateral form is considered preferable, since the document concluded between the companies is a reliable confirmation of the consent of the parties to carry out the transaction. In the future, the creditor will not be able to challenge the fact of his consent.

The procedure is carried out on the basis of an Act of Settlement of Mutual Claims. The law does not stipulate the form of this document, and therefore it can be developed by the enterprise itself.

Prohibition on mutual settlement between three organizations

According to Article 411 of the Civil Code of the Russian Federation, offsets between three organizations are not allowed in cases where we are talking about:

• compensation for harm caused to life or health;
• lifelong maintenance;
• collection of alimony;
• claims for which the statute of limitations has expired;
• other cases provided for by law or agreement.

Regulatory acts regulating the possibility of mutual settlement between the three organizations

Tax accounting

Using the example above, let's look at the accounting entries that Organization B will make:

• Dt 62 Kt 90 – 65000.00 rub. — revenue from sales of products “A”.
• Dt 90 Kt 68/VAT – 9915.00 rub. — VAT is charged on products sold.
• Dt 20 Kt 60 – 46610.17 rub. – debt to “S” without VAT.
• Dt 19 Kt 60 – 8389.83.00 rub. – VAT on the amount owed to “S”. ______________________________ RUB 55,000.00
• Dt 60 Kt 62 - 55000.00 - offset with “A” and “C” is reflected

We suggest you read: How to get a property tax deduction when selling an apartment ||
Is it possible to return money for a sold apartment? The general rules for calculating and submitting VAT amounts for reimbursement are applicable, based on the Tax Code of the Russian Federation (Article 154-1 for the seller, Article 172-1 for the buyer). The basis for VAT calculations, as in other cases, is the invoice.

Income tax

When applying the accrual method, income and expenses are recognized in the period in which they arise, and revenue is recorded regardless of the date of offset.

When applying the cash method, the question may arise as to how to account for the offset of a transaction in a situation where there is no revenue as such. You should be guided by Article 273-2 of the Tax Code of the Russian Federation, according to which income can be received not only when money is received into the account (cash), but also in another way.

The cash method of recognizing income and expenses under the simplified tax system also makes it possible to take into account the repayment of debts in another way, other than passing the amounts through a bank or cash desk (Article 346.17-1). Offsetting can be done in this way and be included in the calculations on a legal basis.

Attention! According to the letter of the Supreme Arbitration Court No. 65 from the Russian Federation dated December 29, 2001 (see clause 7 of the Appendix to the letter), obligations formed on the basis of different agreements, but having the same form of payment for them, for example, monetary, can be considered homogeneous. However, the types and nature of obligations may vary.

Errors in netting between three organizations

When carrying out offsets, it is necessary to very carefully monitor all stages of the procedure in order to avoid errors that are often encountered:

Question answer

Question No. 1. 08/17/17 Smart LLC shipped a consignment of goods to Korpus JSC (payment in US dollars at the exchange rate on the date of shipment). 08/28/17 “Korpus” performed contract work for “Smart” (payment in euros at the exchange rate on the date of drawing up the certificate of completion). As of 09/01/17, neither party had paid for the goods received or services provided, and therefore the parties agreed to offset mutual claims. On 09/04/17, the parties offset the amount, which was calculated in rubles at the exchange rate on the date of offset. Smart transferred the rest of the debt to Korpus in a non-cash form. Are the actions of the parties described in this situation legal?

The parties did not have the right to offset, since in this case the rule of homogeneity of the claim was violated, namely, it is impossible to offset payment obligations expressed in different currencies. In general, you can offset amounts expressed in the same currency (rubles, euros, dollars, pounds sterling, etc.).

Also, obligations are subject to offset if they are expressed in conventional units, and the value of the unit for each party is equal to each other.

Question No. 2. According to the requirement, Kort JSC undertakes to compensate for the damage caused to Kompleks LLC in the amount of 12,330 rubles. At the same time, “Complex” is a debtor of “Kort” (the amount of debt is 10,540 rubles). Based on the settlement agreement, Cort compensated the damage in the amount of 1,790 rubles. (RUB 12,330 – RUB 10,540), the balance of the amount was recognized by the parties as offset. Are the actions of the parties described in this situation legal?

According to current legislation, amounts paid as compensation for harm and/or damage caused are not subject to offset. Thus, the agreement on netting between JSC Kort and LLC Kompleks is declared invalid.

Category “Questions and Answers”

Question No. 1. Our organization has a debt to another organization, but the obligations are due only in October 2021. Currently, this organization has ordered us to provide services, the cost of which is equal to the size of our obligations. Do we have the right to carry out mutual settlements between our organizations?

In this case, your organization has the right to apply for mutual settlement, but subject to drawing up an Act of Settlement of Mutual Claims.

Question No. 2. If our organization has a debt of 1,000,000 rubles, another organization owes us 1,000,000 rubles, and that third organization also owes 1,000,000 rubles. Is it possible to assume that no one owes anyone anything?

You can think this way, provided that the organizations have concluded an Act of Settlement of Mutual Claims with the implementation of appropriate accounting.

Multilateral act of offset of mutual claims

The legislation does not prohibit the conclusion of multilateral agreements. It also does not establish the specifics of multilateral offset. The procedure is carried out in the same order as a bilateral offset, which means:

• obligations must be homogeneous;
• the deadline for the fulfillment of obligations by all parties is considered to have arrived, or it is not fixed, or is determined by the moment of demand;
• The parties have mutual demands on each other.

To conclude an act of mutual settlement, the consent of all participants is required.