Correction of the tax credit at advance payment return

Consultation concerning carrying out correction of the tax credit at advance payment return is given.

The agricultural enterprise in 2006 listed to the supplier an advance payment for grain. The sum of the VAT was carried to structure of the tax credit. In January, 2007 changes in the contract of purchase and sale on the termination of delivery and on advance payment return are signed. The advance payment will come back parts since February, 2007.

When to carry out correction of the tax credit: for date of signing of changes in the contract or for date of return of an advance payment?

Operation on goods delivery according to the contract of a font sale is the taxation object (item 3.11 of the Law on the VAT). Therefore at advance payment transfer the supplier has tax obyayozatelstvo, and at the buyer – the tax credit (subitem 7.3.1, subitem 7.5.1 of the Law on the VAT).

If according to new contract provisions delivery of the goods is cancelled, and the advance payment comes back, the sum of the nayologovy obligation is subject to adjustment (as the taxation object – goods delivery – ot­sutstvuet). For this purpose the supplier is obliged to write out ras­chet corrections of quantitative and cost indexes to the tax consignment note (further – adjustment calculation), provided Order No. 165.

Calculation of adjustment is made during the moment an izmeneyoniya of the tax obligations, that is in day of return of money (Letter No. 24078). According to item 25 of the specified Order it is the basis for a koryorektirovka of the tax credit the buyer.

Thus, to correct tax credit (on the basis of calculation of adjustment received from the supplier) agricultural enterprise should for date of return of an advance payment, irrespective of date of signing of changes in the purchase and sale contract.

List of documents

1. An order No. 165 – the Order of filling of the tax consignment note, approved by the order GNAU from 30.05.97 of No. 165 ("Balance", 2005, No. 30).

2. The letter No. 24078 – GNAU letter from 02.12.05 of No. 24078/7/16-1117.

(On Balans-Agro newspaper materials).

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