In the vast majority of cases, it is not a shortcoming in the work of the enterprise. This type of debt represents the funds that must be returned to the organization by counterparties. The only case when such debt does not bode well for the organization is when the debtors are not liable for their obligations for a long time.

That is why many companies are not eager to work with deferred payments so that receivables cannot form. However, if it was not possible to avoid it, then it is worth looking for various possibilities to solve the problem.

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The sale of accounts receivable is considered to be such a solution. To carry out this operation, you need to know about the cost of the sale, about the methods, as well as about the accounting procedure.

Selling value

The sale of this type of debt is carried out not at face value, but at a much lower one. That is why for many organizations this operation cannot be called profitable. This is due to the fact that in the process of selling the company may lose a significant amount of funds.

However, quite often, this step is the only way to return at least part of the funds that were transferred to third parties. To determine the company's income from the sale of receivables, it is necessary to subtract from the funds received the cost of services or goods that were sold to debtors with subsequent deferred payments.

With this calculation procedure, you can get a loss that can be added to a certain group of expenses, as a result of which the taxable base can be reduced. Within this framework, it is important to remember that only 50% from this loss at the time of realization of the debt.

The second part of the loss can be taken into account only after at least 45 days have passed from the day the debt was sold. Many entrepreneurs are interested in the question of what to do with interest accrued on the amount of funds that counterparties must return. Within this framework, it is important to rely on the provisions of the current legislation.

The law states that interest that has been attributed to costs in determining the income of an organization cannot be more than 20% . It should be noted that for transactions that are carried out in foreign currency, it is necessary to apply the average percentage, which is approximately 22% .

Only legal entities can carry out the procedure for buying or selling receivables. To do this, a special agreement must be drawn up, which, in without fail, must be formatted correctly.

Most often, it occurs with banks and other financial institutions that are forced to insure themselves in case of non-repayment of funds issued with increased interest.

A sample debt restructuring agreement can be found at.

As a partner in this issue there are special organizations that repurchase the debt on favorable terms for them and independently engage in the collection of obligations from debtors.

Methods of selling receivables

Assignment

All, without exception, transactions within this method through an agreement in writing. This document contains all relevant details. joint activities. If the cession is a contract of sale, then it must indicate the terms, as well as the quantitative indicators of the transferred products or services.

Within this framework, the contract is the most important document, which acts as confirmation of the fact that the buyer must pay a certain amount of money to the seller or provide goods and services. The cession procedure is regulated by the current legislation, and more precisely by Chapter No. 24 Civil Code RF.

It should be noted that not all obligations can be transferred to third-party creditors as part of the assignment. For example, addresses that are intended for a specific person cannot be transferred. This may be alimony, grants, or reimbursement for certain physical or property damage. An assignment agreement also cannot be concluded in cases where the identity of the new creditor is quite close to the payer.

After the respective decision on the sale of debt obligations as part of the transfer of rights of claim is made, it is urgent to find a successor. After choosing a special company, an agreement is signed with subsequent certification in a notary service.

The debtor may not be notified of the fact of the transfer of rights of claim, unless otherwise provided by the original contract. When transferring rights to real estate, it is necessary to go through the state registration procedure.

In the vast majority of cases, the assignment agreement is for compensation. It is intended to obtain economic benefits for the parties to the transaction. Otherwise, the conclusion of such an agreement can be considered inappropriate.

It should be noted that not only current and overdue debts, but also those debts that belong to the doubtful group may be subject to assignment of debt obligations.

bill of exchange

The sale of receivables can be carried out using bills of exchange, which are securities, containing obligations to pay the amount of funds indicated in the document and the accumulated interest on it. It should be noted that these obligations are not substantiated in any way.

One organization issues another promissory note, which contains information that it must pay a specified amount of money after a certain time without fail.

A bill can be of four types:

• percentage;
• discount;
• simple;
• transferable.

Promissory notes contain certain obligations of the company or individual pay other persons a certain amount of funds after the expiration of the time specified in the document. Such a promissory note can be considered an indisputable confirmation of the existence of debt obligations. Debtors receive bills only after the expiration of a certain period.

The lender can thus use such obligations to settle with its counterparties. That is why the transfer of a bill can be considered as a sale of receivables and accrued interest.

Factoring

Factoring is the sale of receivables in favor of a credit or any other special organization. The main purpose of such an operation is to carry out an additional procedure for financing the company and increase the level of turnover of the corresponding capital.

In the framework of factoring, buyers of debt obligations can be considered financial agents. It should be noted that the rights and obligations of such agents are prescribed in Article 43 of the current Civil Code of the Russian Federation.

The factoring procedure, like the cession operation, means the transfer of debt obligations to third parties. However, there are also certain differences.

The first difference is that the respective agents can buy not only obligations under current transactions, but also future ones, which are only under development. It should be noted that within this framework it is impossible to implement the sale of overdue debts.

The second difference is that during the cession, not only financial, but also other property rights can be transferred. As for factoring, only financial obligations are transferred with it. Another difference is that.

That not all companies can use the services of financial agents. Such organizations may include companies with a fairly large number of minor debtors.

The last difference is that the sale of receivables within the framework of an assignment can be carried out by any organization. In the case of factoring, such operations can only be carried out by special licensed or credit companies.

Accounting

The cost of realizing obligations, in most cases, is below par. Within this framework, a certain problem arises, which directly concerns the procedure for recognizing losses from the transfer of debt obligations, which was made as part of the assignment procedure. This is required to deduct income tax.

When selling debt obligations, the base is determined in accordance with Article 279 of the Civil Code of the Russian Federation. In paragraph 2 of this act, there is an indication of the use of accrual methods when calculating the level of income. Thus, the cost of goods and services sold must be deducted from the proceeds from the sale of debt. The amount received is a loss.

This loss is included in non-operating expenses. Part of the amount of the loss relates to such expenses at the time of sale, and part - after the expiration established by law time interval. Most often, this period is 45 days.

Example

LLC "Altair" entered into a deal for the sale of services with LLC "VIP". The amount of the agreement was 60 000 rubles, of which 10 000 amounted to VAT. The provisions of the contract imply that payment for the services provided must be made within 90 days since the actual sale.

Every company has accounts receivable. In times of crisis, the return of debts is a particularly relevant topic. Not all debtors pay their debts on time. In addition, it is possible that the company needed money, and the payment deadline under the contract has not yet come. In such a situation, there is a way out - the sale of receivables.

What is the sale of receivables

Most often, companies sell goods, works or services. But the law does not prohibit the sale of debts. The sale of receivables is the transfer of rights to claim cash or other assets to another person (organization or "physicist"). That is, the new debtor will demand the return of the debt from the buyer.

Assignment of debt is beneficial for both the new and the old debtor. The original supplier receives the money immediately. But he most often sells receivables at a discount. In this case, the new debtor has the right to receive the entire amount from the debtor. That is, the discount is the company's earnings.

Sell accounts receivable can be done in several ways:

• use the services of factoring companies or banks;
• conclude an assignment agreement (assignment of the right to claim).

How to sell a receivable under a factoring agreement

Factoring is a financial service provided by a specialized firm (factoring) or a bank. The factoring firm must have a license for such activities. In factoring, a specialized organization or bank acquires the debtor's monetary claims and independently collects the debt from him. The supplier company immediately receives the money.

There are three parties involved in the deal:

• supplier (lender - a company that shipped products (provided a service or performed work);
• buyer (debtor who initially owes the supplier);
• factor, financial agent (specialized company or bank that purchased the debt).

Factoring is beneficial to all three parties to the transaction. The supplier immediately receives the money, the buyer gets the opportunity to pay for the goods with a delay. Usually the delay does not exceed 180 days. The factor also does not work for free - it usually acquires receivables for 75-90% of the debt. Another option - the supplier receives the entire amount of the debt, but for this he pays the factor a commission. It is discussed in advance before the conclusion of the transaction.

Factoring is regulated by Chapter 43 of the Civil Code of the Russian Federation. In Russia, only monetary obligations can be transferred under a factoring agreement. And those for which the due date has not yet come.

Factoring classification

Factoring comes in several forms.

With recourse - the factor acquires the entire amount of receivables. But if he cannot recover the entire amount from the buyer, then the supplier will compensate him for the rest.

Without recourse - the factor also acquires a receivable, but if he could not recover part of the debt from the buyer, then the supplier does not compensate him for the losses.

Open - the supplier notifies the buyer that he has used factoring services. The debtor transfers money directly to the bank.

Closed - the buyer will not know about the transaction. He also continues to transfer the fee to the supplier's account, and he is already transferring cash factor.

If the requirement has already arisen, then factoring is called real. But you can also transfer a requirement that will arise in the future. In this case, factoring is consensual.

Not only the supplier, but also the debtor himself has the right to resort to the services of a factoring service. For example, the supplier produces unique products, but the buyer does not have the opportunity to purchase the goods on the terms of the counterparty. Then he turns to reverse factoring, which is similar to conventional factoring, with the difference that the buyer initiates the contract. It implies the transfer of the buyer's obligations to pay for goods and services to a factoring company with the simultaneous transfer of the right to demand money for these goods from the supplier to the factor. Unlike the classical scheme, with reverse factoring, the delivery is paid in full. The company receives a deferred payment. For the buyer, reverse factoring is an alternative to a loan.

Sale of receivables under an assignment agreement

By assignment agreement the supplier sells the debt to get the money faster. That is, an assignment agreement is an agreement on the assignment of the right to claim a debt. There are two sides to it: the original creditor - the assignor and the buyer of the debt - the new creditor, or he is also called the assignee. The debtor is not a party to the assignment agreement, although he participates in further settlements.

By general rule the buyer is not required to agree to the assignment, if the contract did not contain a prohibiting clause. The supply contract sometimes includes a condition that the seller has the right to assign the debt only with the consent of the buyer. Both the original and the new creditor can notify the buyer of the assignment of the right to the debt (clause 1, article 385 of the Civil Code of the Russian Federation). To avoid confusion with this, the assignees clearly state in the contract who exactly and within what time frame will inform the debtor about the change of creditor. After all, the buyer, who was not notified of the assignment, can transfer the money to the original creditor. Then it will be considered that the buyer has fulfilled the obligation (clause 3 of article 382 of the Civil Code of the Russian Federation).

The agreement is concluded in the same form as the agreement under which the company sells receivables (clause 1 of article 389 of the Civil Code of the Russian Federation):

• in simple writing;
• in writing and notarized, if the original contract was registered by a notary;
• in writing and registered, if the transaction, the claims for which are assigned, was subject to state registration. For example, for lease agreements for more than a year, it is mandatory state registration(Article 651 of the Civil Code of the Russian Federation). Therefore, an agreement on the assignment of debt under such an agreement must be registered with Rosreestr.

Unlike factoring, any organization has the right to acquire debt under an assignment agreement, no licenses are required for this. But there are also specialized firms - collection agencies, the main activity of which is the purchase of debts.

You can sell not only current receivables, but also overdue and even bad debts. Which do not have to be monetary.

Usually debts are sold for an amount that is less than the debt. In the contract, provide for exactly what amount and within what time frame the new creditor must pay the supplier for the acquired claim.
The conclusion and confirmation of such a transaction is regulated by articles 382-390 of the Civil Code of the Russian Federation.

In the agreement for the sale of receivables, specify:

• on the basis of which agreement this or that right arose;
• what is the obligation of the debtor;
• a list of documents and terms for the transfer of documents certifying the right to claim, which the assignor must transfer to the assignee;
• other information regarding the assigned rights.

The assignor must attach to the contract documents certifying the right to demand from the debtor the performance of certain obligations. These can be contracts, invoices, invoices, acts of work performed (services rendered), etc.

During the crisis, the number of bankrupt companies grows many times over, hundreds of lots are put up for auction every day and grows exponentially.

• Where to buy accounts receivable
• What receivables can be bought at auction and from bailiffs
• Analysis of receivables before the purchase - how to weed out 80% of illiquid receivables
• Video - the whole truth about the collection of receivables
• How to make money collecting accounts receivable

At the time of writing, according to one of the bankrupt aggregators 564 lots were added per day implemented through bankruptcy proceedings or through bailiffs.

The most remarkable thing is that You can do this business from the comfort of your home., simply by selecting receivables on aggregator sites and selling debts or collecting them through lawyers for a small fee. The essence of the idea is that bad debts are also growing, companies are holding back their turnover and are in no hurry to pay their bills. As a result, their counterparties are forced to go bankrupt, as they were not repaid their debt on time.

These debts can be bought for 1-5% of the real value, and a debt of 1 million rubles can often be bought at auction for 50,000 or even less:

• Pre-trial settlement (for example, you or your lawyer, for a small commission, agree to return half of the cost and write off the entire debt)
• Return through the court and bailiffs (used less often)
• Sale of debt on specialized sites

Where to buy accounts receivable

Accounts receivable can be bought from bailiffs or bankruptcy trustees at a bankruptcy auction.

There are specialized aggregator sites, as well as official sites where all information on trading is published, including accounts receivable - FedResource and the Saturday edition of the Kommersant newspaper.

We have prepared a PDF book for you, in which we analyzed this process in more detail, download it right now.

What receivables can be bought at auction and from bailiffs

List of lots at the bankruptcy auction:

• Promissory notes - debt obligations in unconditional collection, are more interesting from the point of view of legislation, but are not used as often.
• Spent accounts receivable.
• Unpaid receivables.
• Packages of debts of bankrupt banks (mortgage debts, debts on consumer loans).
• Accounts receivable from utility companies.

Analysis of receivables before the purchase - how to weed out 80% of illiquid receivables

In order not to fly with receivables, it is important to conduct an analysis before buying. There are several options - this is a quick scoring - at this stage, more than 80% of all receivables are screened out and a more thorough analysis.

Detailed Instructions we will send you along with the book.

As for the primary scoring, it is important to consider before buying a receivable:

• The company-debtor (debtor) is not bankrupt by court
• The debtor company does not plan to go bankrupt, the organization is operating and the termination of activities has not been registered in the tax office
• The limitation period for accounts receivable has not been exceeded
• Check debts with bailiffs and especially the grounds for terminating previous enforcement proceedings (the debtor could not be found or found, but could not be recovered)
• Check car fines and understand if the organization has car property
• Check records of tax changes
• And a few other important points.

Video - the whole truth about the collection of receivables

As a result, out of 10 receivables, you will find 1-2 that can really be collected and collect one of them, but you will earn at least half of the face value on this.

Hundreds of percent in just one simple transaction!

The first step is to gain knowledge and experience in this matter.

Watch a special video by Vadim Kuklin about his experience in collecting receivables:

How to make money collecting accounts receivable

Dozens of new receivables are put up for auction every day.

To start acquiring them and making money on it, you just need:

• Electronic signature for bidding
• The ability to evaluate receivables before buying (without leaving their home) right at the computer
• Find lawyers to work with receivables in the fields (collection through the court, pre-trial collection, sale on specialized sites)

But main secret of all money is knowledge, click here to download our book In addition, we have prepared a series of training lessons for you, in which you will be able to go through all the steps step by step from the assessment to the collection of receivables and receiving the first money.

The sale of receivables may be accompanied by the repayment of receivables. In this case, there is a decrease in the amount of the right to claim the debt due to the repayment of accounts payable. “Realization of the right to claim” as a concept is equal in meaning to the wording “sale of the right to claim” and “assignment of the right to claim”, it is also an assignment or assignment of the right to claim a debt. Debt liabilities and distressed assets Currently, the market for the sale of debts in Russia is in the process of formation. The Zalog24 portal is a universal platform for the sale of non-core assets of organizations, pledges, debt obligations. Subject to the correct positioning of the subject of the transaction, Pledge24 broadcasts the maximum amount of information that contributes to the most complete understanding of the object of property or rights being sold.

How is the sale of receivables carried out?

The task of correct or effective assessment and subsequent profitable sale of debts can be solved using the Zalog24 portal if the following conditions are met:

• concentration of a variety of proposals for the purchase and sale of claims on one resource - Zalog24;
• transparency and correct positioning of objects and information by specifying data, including the seller's logos;
• receipts from creditors and buyers about technical and logical proposals for improving the Zalog24 portal for more efficient and convenient communication of all interested parties.

Zalog24 - Your guide to the problem assets market! Features of transactions for the assignment of the right to claim and the change of persons in obligations 1.

Business idea - purchase and collection of receivables

NCT USSR 04/30/1930 No. 169). But sometimes these 11 months are not so worked out.< … Налог на прибыль: перечень расходов расширен Подписан закон, который внес изменения в перечень расходов, относящихся к оплате труда. Так, работодатели смогут учитывать в «прибыльной» базе затраты на оплату услуг по организации туризма, санаторно-курортного лечения и отдыха на территории России для работников и членов их семей (родителей, супругов и детей).

Purchase - sale of debts and receivables

Collection agencies can act as purchasers, for them the amount of debt rarely matters, commercial organizations. The purchase of receivables is allowed by any legal entity. In practice, the situation is as follows, the seller makes a kind of presentation of the debt with confirmation of the amount, timing and nature of the obligations.
The buyer, having made a positive decision, draws up an agreement on the basis of which the rights of return of funds will be transferred to him. Thus, both short-term receivables and its other varieties can be realized. The law prohibits the sale of debts associated with the identity of their recipient.
These include compensation for damage to health or property, moral damage, alimony and other targeted payments.

Sale of receivables

In particular, the rights securing the fulfillment of the obligation, as well as other rights related to the claim, including the rights to interest received, are transferred to the new creditor. 4. The debtor shall have the right not to fulfill the obligation to the new creditor until the evidence of the transfer of the claim to this person is provided to him. The creditor who has assigned the claim to another person is obliged to transfer to him the documents certifying the right to claim and to provide information relevant to the implementation of the claim.

385 of the Civil Code of the Russian Federation). 5. Assignment of the rights of claim to another person is allowed, if it does not contradict the law, other legal acts or the contract. It is not allowed, without the consent of the debtor, to assign the rights of claim under an obligation in which the identity of the creditor is of significant importance (Article 388 of the Civil Code of the Russian Federation). 6.
There are a number of significant differences between these options. A cession is an assignment of the right to demand the repayment of a debt. Factoring is a method that has similar features to lending.

In the latter case, the sale of receivables to a bank or other financial structure is carried out. The acquirer must have a license to carry out such activities. Factoring is usually used for short-term debt.

Assignment The purchase and sale of receivables in this way involves the implementation of a number of mandatory conditions. First of all, all transactions are executed in writing. Such documents prescribe the main provisions of the joint activities of persons. For example, if the debt was formed under a sale and purchase agreement, then the assignment agreement indicates the volume of production, the payment and transfer period.

Sale and purchase of receivables

Attention

Information for buyers If you want to quickly receive information about new proposals for the assignment of claims, overdue receivables of an organization or enterprise, then you just need to subscribe to new receipts - subscribe. Information about new proposals for the sale of debts (assignment of claims, debt obligations) will be available to you in " Personal account» subscriber. Helpful information for those wishing to sell debt Collection of overdue receivables can be carried out at different stages: negotiations (out of court) or claims, judicial, stage of enforcement proceedings.

Sale of receivables: general provisions and nuances

Info

At the same time, even if the assignor does not have VAT payable, fill in Section 7 tax return VAT is not required. With regard to income tax, on the date of signing by the parties of the act of assignment of the right to claim, the assignor recognizes income from the realization of the right in the amount of the fee due to be received from the assignee, excluding VAT accrued upon the sale of such a right (clause 1, article 249, clause 5 article 271 of the Tax Code of the Russian Federation). In turn, the value of the assigned right (including VAT) is the assignor's expenses, which reduce his income from the realization of the right (clauses

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And what are the features tax accounting under an assignment agreement? Tax Accounting for the Sale of Receivables from the Assignor When assigning the right to claim under agreements, except for loan (credit) agreements, the assignor determines the tax base for VAT. It is calculated as the difference between the amount receivable for the assigned right and the amount of the assigned claim (clause 1, article 155 of the Tax Code of the Russian Federation). Of course, it is unlikely that the debt will be sold for more than the amount that will be received when it is repaid. If the debt is sold for its face value or even less, there will be no VAT payable. But regardless of whether VAT is payable upon assignment of the claim or not, the assignor must issue an invoice in the general manner within 5 calendar days from the date of signing the contract of assignment of the right to claim and transfer one copy of the invoice to the new creditor.

On the sale of receivables

The right of claim belonging to the creditor on the basis of an obligation may be transferred by him to another person under a transaction (assignment of a claim) or transferred to another person on the basis of a law. If the debtor has not been notified in writing of the transfer of the creditor's rights to another person, the new creditor shall bear the risk of adverse consequences caused by this for him. In this case, the performance of the obligation to the original creditor is recognized as the performance to the proper creditor (Art.

382 of the Civil Code of the Russian Federation). 2. Rights that are inextricably linked with the personality of the creditor, in particular claims for alimony and compensation for harm caused to life and health, cannot be transferred to other persons. 3. Unless otherwise provided by law or the agreement, the right of the original creditor shall pass to the new creditor to the extent and on those terms. Which existed at the time of the transfer of rights.

To whom to sell accounts receivable

There are many companies that deal with the acquisition of various liabilities. The written agreement must be certified by a notary. As a rule, the assignment agreement has a reimbursable character.

He must bring the participants the appropriate economic benefit, otherwise its conclusion is inappropriate. You can assign not only current obligations, but also overdue and doubtful ones. Important Points The sale of debt by way of cession may be carried out without notifying the obligated person, if the contract does not provide for such a need. But in practice, it is better to notify the participant in order to ensure that funds are transferred to the correct address. In the case of payment of the debt to the original creditor, the obligation is considered to be extinguished, regardless of the existence of an assignment agreement. The transaction for the assignment of rights in relation to real estate is subject to state registration.

Who can sell accounts receivable

Apr 2018 Selling debt to close debt Moscow and Moscow region RUB 411,000,000 RUB 10,000,000 28 Apr 2018 Chuprasov S.A. Write off the debt Ayanka Kamchatka region RUB 4,232,780 14 000 rub. 28 Apr 2018 Buyuklyan S.S. Assignment agreementBetlitsa Kaluga region RUB 3,942,780 13 000 rub. 28 Apr 2018 Ugrekhelidze N.E. sale of the right to claim receivablesGorodets Nizhny Novgorod (Gorkovskaya) region. RUB 6,442,800 16 000 rub. 28 Apr 2018 Makarchik A.B. sale of debtsVargashi Kurgan region RUB 7,252,800 18 000 rub. 28 Apr 2018 Filinkova L.A. I will sell accounts receivable Yashkul Kalmykia 8 062 780 rubles. 20 000 rub. 28 Apr 2018 Accounts receivable to close the debt to the FSSP. The debt has been settled, there is a writ of execution St. Petersburg St. Petersburg and the region 10,591,705 rubles. 424 000 rub. 27 Apr 2018 Lartseva E.D. on the sale of debt Verkhoshizhemye Kirovskaya obl. RUB 8,872,780 22 000 rub.