Organization of non-cash payments using the example of a commercial bank. Current accounts of enterprises and organizations in the bank, the procedure for opening them and conducting transactions The bank services settlements of companies

Hello, dear readers of the business magazine “site”! In this article we will talk about cash management services for legal and individuals, why this is necessary and how to choose a bank with low (good) tariffs for cash settlement services.

Due to the growing popularity non-cash payments And obligation to work with a current account, RKO becomes an integral part of our lives and is necessary for absolutely everyone, from the ordinary pensioner before entrepreneur or, especially, a large company.

From this article you will learn:

  • What is cash management services?
  • What advantages and functions does it have?
  • What is the difference between cash settlement services for individuals and legal entities;
  • By what criteria and comparative characteristics select a bank.

Of course, entrusting your current account to a bank is a responsible decision and requires the most serious approach, because the company’s costs, the security of financial transactions and, accordingly, its profitability depend on it.

So how do you decide on the choice of a partner bank and what to pay attention to? Read about this and more right now!

What is cash settlement services, what function does settlement and cash services perform for legal entities (LLC, individual entrepreneurs, etc.) and ordinary citizens, how to choose a bank with the best tariffs for cash settlement services - you will learn about all this by reading the article to the end

1. Cash settlement services (CSS) - what is it and who needs it 🗒

RKO (settlement and cash services) is a system of banking services that allows you to service accounts of individuals and legal entities and carry out transfer operations Money in various currencies.

To use such opportunities, a potential client must provide the bank with certain documents, enter into an appropriate agreement with the bank and comply with the requirements of existing legislation and internal bank regulations.

All legal subtleties of RKO are determined by the Law “ About banks and banking activities", Civil Code of the Russian Federation and normative legal acts TSB RF(for example, such provisions as “on non-cash payments in the Russian Federation”, “on the procedure for conducting cash transactions in credit institutions” and others)

Is it possible to do without cash management services?

Both individuals and organizations today need to use non-cash money circulation, in one form or another.

Accordingly, we can do without RKO impossible when conducting any non-cash transactions, withdrawal or deposit of cash into an account (including payment, money transaction etc.), maintaining accounts in various currencies and receiving statements of transactions performed on the current account.

2. Settlement and cash services for legal entities - a mechanism for servicing bank clients 🖇

With cash settlement services for legal entities, the credit institution conducts all operations on their current accounts. Among which, listing salaries, pensions, scholarships and other payments. Transactions can be carried out both in rubles and in other foreign currencies. We wrote in more detail about this in one of our previous materials.

Fundamental services in this area can usually be classified as:

  • non-cash payments;
  • cash payments;
  • preparation of account statements.

When carrying out work on accounts and cash transactions, banks use special forms, the most commonly used of which are:

  1. payment order(when using a current account for payment), it is also called “form 0401060”;
  2. form for depositing cash into a bank account;
  3. checks issued when cash is withdrawn from an account.

Having signed an agreement on cash settlement services, the company has the right get a checkbook, which serves as a tool for cashing out money to use it to pay employees and other needs of the company.

Banks can offer not only basic, but also additional services, for example, collection, remote access to working with a current account (this system is called “ Bank-Client »).

But, if basic services are provided free of charge or on a minimum payment basis, then related services are provided for a fee, because a bank is, first of all, a commercial organization.

3. The main purpose of settlement and cash services for individuals 💰

An individual's current account is used for depositing payments, making non-cash payments, online banking transactions and other non-commercial purposes.

In most banks, this service is provided free of charge, but there is also a commission for making transactions, such as cashing out money, processing payment documents, wire transfers, etc.

To open an account, a settlement agreement is signed between an individual and the bank.

4. How to choose a bank for cash settlement services - TOP 3 tips from experts 📋

The choice of a partner bank should be approached as seriously as possible. Before doing this, you need to study the offers of various banks and decide based on the criteria that are important for a particular organization.

Tip 1. Determine the reliability of the bank

Bank reliability – this is a comprehensive view not only of its capabilities, but also the identification of advantages and weaknesses. Before concluding a service agreement, it is necessary to assess the possible risks of such cooperation and compare them with the level of utility.

Exist different ways obtaining ideas about the work of a credit institution, as well as a criterion for assessing its reliability, for example:

  • Open sources of media and Internet resources. Here you can find not only general information, but also reviews from real clients. For this, in addition to the websites of the banks themselves, there are specialized sources (such as the Banki.ru information portal, Expert RA credit ratings and others);
  • Make sure that It is possible to withdraw and transfer funds on the day of application;
  • Monitoring the stability of the bank's work. For example, delays in transferring funds should alert you;
  • Availability and geographical location of bank branches. Their presence in different regions allows you to avoid unnecessary time and money spent working between several different systems;
  • Range of services . It is important that the bank meets all the requirements of the organization and can provide all the services it needs;
  • Deadline for issuing a transaction passport, currency requirements for documentation, currency exchange conditions, etc.;
  • Tariffs for cash settlement services for clients. When comparing banks according to this indicator, it is important to evaluate the size of the commission for maintaining an account, the possibility of working remotely and connecting this service, transfers of funds, depositing and withdrawing cash (for issuing wages and other needs of the organization);
  • Quality And, Firstly, efficiency of cash settlement bank and resolving controversial issues.
  • Availability and terms of provision of related services, such as lending, guarantee services, for example, during tender work.
  • The relevance of conducting “salary projects”in the bank(how profitable and convenient it will be, how widely represented is the ATM network and other questions)

Tip 2. Compare work schedules of potential partners

In cases where a number of banks meet the criteria for an organization to select a partner for cooperation in cash settlement services, an additional item may become bank work schedule.

This is especially worth paying attention to for companies that work with companies or divisions that have a time difference.

Tip 3. To save on banking costs, enter payment days into the company

If the company introduces payment days (from one to three per week), when all bills that have accumulated during this period of time will be paid, depending on the priority, then it will be possible to save a lot on the costs associated with paying each payment order.

Review of popular banks with tariffs for cash settlement services

5. We choose a bank with favorable tariffs for settlement and cash services - TOP-5 RKO banks for individual entrepreneurs and legal entities 🏦

As already mentioned, choosing a bank that you can trust to maintain your current account is a very important step, which depends on various factors. Besides keeping score, replenishment And cash withdrawals, transactions on non-cash transfers and payments, you can also get additional services from banks.

1) Sberbank

In the financial services market, Sberbank rightfully occupies a leading position in terms of coverage of needs as physical, so legal persons.

RKO bank is good for individual entrepreneurs and large corporations, since Sberbank can offer many favorable RKO tariffs and additional services. You can open a current account in this bank without even visiting a branch, remotely using the website, and it will be ready to accept payments.

The necessary documents can be submitted to the bank within 30 calendar days, after opening such an account. The second and subsequent accounts can be opened using only the “ Sberbank Business Online ", for which there is also a mobile application, which is very convenient. There are also packaged service offerings for business accounts.

Sberbank has the country's largest network of offices and ATMs, provides round-the-clock support with an advisory center, works with foreign currencies, conducts “salary projects”, provides acquiring services, offers special conditions for deposits and lending for its clients and preferential programs. It is also possible to purchase equipment for business on lease. we wrote in our last article.

2) Tinkoff

A relatively young but rapidly growing bank. Legal entities are offered two tariffs: “ Simple" And " Advanced", with fairly low service tariffs. The bank holds various promotions to attract new customers, which makes servicing it quite profitable.

Related services are provided, such as Internet banking, SMS alert system, business lending, and others. It is also possible to open an account online through the website. At the end of the year, Tinkoff Bank clients receive a percentage of the balance amount credited to their account.

3) Bank Otkritie

Otkritie Bank offers its clients a full range of settlement and cash services. There is the possibility of online account reservation for its subsequent opening, a remote account management system, an advisory center, currency control, collection, additional lending services, insurance and other things.

The bank also offers HR consulting training programs aimed at improving the performance of employees and managers.

4) Alfabank

Cash settlement services for Alfa Bank clients are provided in both Russian and foreign currencies without restrictions on the number of accounts opened. All account transactions, including currency conversion services, can be carried out through the online client.

Alfa Bank has an extensive network of branches and provides settlement services throughout the country. You can enter into an additional agreement with the bank and receive a percentage of the balance of funds in the account. The bank provides additional services.

5) SKB-Bank

At SKB-Bank it is possible to reserve a current account online and conduct all account transactions remotely. The bank has an extensive network of branches and ATMs, extended operating hours ( 21 o'clock).

For legal entities and entrepreneurs, SKB can offer favorable rates, a wide variety of additional services, for example, preferential lending to employees and a “salary project,” as well as free issuance of a Visa Business bank card and even a free advertising campaign and discounts in the Affiliate program.

Tariffs for settlement and cash services in banks

This table shows the tariffs for cash settlement services of banks located in Moscow. In other regions, tariffs may differ, depending on the procedure for setting them by the bank.

Comparative table of the main tariffs of cash settlement services of banks
Bank Opening an account, rub. Service fee External bank transfer Depositing funds Withdrawals Bank-client
Sberbank from 3 000 from 1 600 electronically from 32-52 rubles/payment, on paper from 300-350 rubles/payment from 0.3-0.36% of the amount from 0.6% (min. 150 rub.) per salary; from 1.4% (min. 150 rub.) for other needs for free*; from 960 rub.
Tinkoff for free first 3 months (for individual entrepreneurs – 6 months from the date of registration) – free, then from 490 rubles. the first 3-10 are free, then from 29-49 rubles/payment free or from 1% of the amount free up to 100,000 rubles, over – from 1.5-10% (min. 99 rubles) for free
Opening from 1 300 from 750-1700 from 0.5-1% (min. 27-30 rub.) from 0.16% (min. 50 rub.) from 0.4% for salary, 1-10% for other needs from 1,250 rub.
Alfa Bank from 3 300 from 2 20 – 6 900 online from 30 rubles/payment or from 0.1% on paper media from 0.28-0.35% (min. 300 rub.) from 0.5% (min. 300 rub.) for salary from 2.5-11% (min. 400 rub.) for other purposes from 990-2200 rub.
SKB-Bank from 0-1000 from 990-1 490 from 29 rub. from 0-0.7% from 1.3% on salary; from 1.6-11% for other needs for free

*For clients who have a current account with this Bank.

From the data presented in the table, we can conclude that the most favorable conditions are currently provided by Tinkoff Bank, which does not charge for most standard services, however, do not forget that these are not the only indicators and a more in-depth analysis is required for a complete picture .

6. What documents are needed to open cash settlement services (individuals and legal entities) 🗒

To open a bank account, you will need to provide a standard package of documents.

Documents for opening a current account for an individual entrepreneur:

  • Passport;
  • OGRNIP.

Documents for opening a current account for legal entities (LLC, JSC, PJSC, etc.)

  • OGRN;
  • Charter;
  • Order on the appointment of the Director;
  • and other constituent documents of the legal entity.

7. Package cash settlement services for bank clients - review of the TOP 3 popular services 💸

In order to reduce the costs of necessary settlement and cash services, most credit institutions provide clients (entrepreneurs) with the opportunity to connect to a packaged set of services. This is necessary when the use of cash registers is regular and requires significant financial investments from the company.

Such proposals can be divided into 2 (two) categories:

  1. payment for the connection of the package makes it possible to carry out some frequently used operations free of charge;
  2. preferential tariffs for basic cash settlement operations.

It is necessary to take into account the cost of the package itself to make sure that its connection will really reduce costs and protect you from unnecessary financial losses.

1) Service “Bank cards for legal entities”

For more convenient business and financial transactions, bank cards of a special business category can be issued. Such cards are linked to the organization's current account and are used only for the company's needs, which is very convenient, for example, for clients who often make transactions on the account while on business trips.

In addition to the main card, it is possible to issue additional cards that are linked to the same account, which is convenient for use by several employees at once. In addition, tariffs for servicing by card are usually lower than through an operator.

However, when calculating the benefits of using the card, tariffs must be taken into account for its issue and further servicing, which differ radically depending on the issuing bank.

2) “Self-collection” service

Self-collection is a service also designed to reduce the costs of businessmen for cash settlement services and allows you to deposit proceeds into a current account through ATM or terminal self-service. This allows the entrepreneur to get rid of unnecessary problems and cash costs associated with the collection and storage of cash.

For some operations there may be restrictions are imposed, which are related to the capabilities of the self-service terminal used.

Typically, rates for depositing cash this way are lower than through a cash desk, however, you need to remember that the bank sets minimum commission amounts and make sure that such collection is profitable.

3) Internet banking

One of the most important components of settlement and cash services today is the ability to work with accounts remotely, namely all kinds of bank clients . Most of the most necessary banking operations can be performed this way, as well as receiving payment documents and monitoring the status of the account.

As a rule, this service belongs to the basic services of cash settlement services and is inseparably present in every bank serving legal entities. The client has the right to refuse to use Internet banking, but can also easily activate it at any time.

Usually, for using the opportunities remote access a fee is charged, but many banks are willing to provide the basic capabilities of this service free of charge.

Among the useful features of this service, one can directly note making payments from a current account and transfers to other persons . Work with documentation is also carried out, it is possible to obtain information about all actions with the account and its status in real time.

Online account transactions have a fairly high degree of protection and bank guarantees, so entrepreneurs do not have to worry about the safety of funds, but they have the right to connect additional protection services for a fee.

8. Advantages of settlement and cash services for entrepreneurs 💎

RKO is a comprehensive service necessary for running almost any business.

The positive aspects of cash settlement services for entrepreneurs are:

  • personal approach and specially selected tariff packages on the most favorable terms.
  • service by a personal manager;
  • real-time calculations.

This has a beneficial effect on the speed and smooth functioning of the organization. Most payments these days are made non-cash, and their fast and high-quality execution directly affects the company’s profit.

The more services a bank can offer, the more attractive it is for entrepreneurs.

Today, RKO boasts a wide range of:

  • opening and maintaining a current account;
  • transfers, both within the bank and to other banks, to the accounts of legal entities or individuals and various payments;
  • depositing cash into an account;
  • online banking, mobile applications and SMS notification system;
  • any currency transactions, including their purchase, sale and exchange.
  • the ability to make payments using a scanned copy of the invoice;
  • constant availability of online monetary transactions for clients within the bank;
  • individual approach, depending on the specifics of the client’s organization. For example, if a company often works on international market, great importance will have the cost and speed of issuing a transaction passport.

When a company primarily works with cash, the most important point of cooperation on cash settlement services for it will be the minimum commission for depositing funds into a current account. And for beginning businessmen, the first place will be the commission for opening and maintaining an account.

9. Frequently asked questions (FAQ) about RKO 💬

Let's try to answer in detail the questions that come to the editor of the site.

Question 1. Are cash register customer service and cash register maintenance the same thing?

Cash service- this is the making of settlements and other financial transactions on the accounts of individuals and legal entities.

RKO is a banking services system that allows you to service accounts physical And legal persons, carry out transactions of debiting and crediting funds in national and foreign currencies.

To use such services, the bank client must provide the necessary documents, enter into an appropriate agreement with the bank and meet the requirements of current legislation and internal bank regulations.

Cash service is the bank's service to its customers. This service has nothing in common With technical maintenance cash registers, in which the object is the cash register itself, and the service is provided by the bank’s technical staff or a third-party organization for servicing the equipment.

Question 2. How to choose the best bank for small businesses using cash settlement services?

More than 600 Russian banks are ready to offer their services to small businesses, having fundamentally different conditions for their provision and tariffs. In order not to get confused in all this diversity, it is important to determine for your company the most important cash and cash management operations that are being carried out or planned in the next six months.

Among the criteria for choosing a partner bank are the following:

  1. The main currency with which the company operates. Does the bank work with it, what conditions does it provide for transfers, currency exchange, is there a currency control service (for those who work on the import and export of goods and services and often pay with foreign partners), as well as the availability of an online currency exchange service at any time? time, which will help protect your accounts from financial losses.
  2. Availability and amount of commission for maintaining a current account, connection to the online banking system, cost of transfers. It will be more convenient for beginning entrepreneurs if for some time (usually three to six months) after opening an account, no commission will be charged for its maintenance in the event of no transactions on the account.
  3. Cash transactions. Issuing cash and depositing it into an account is subject to an additional commission, which must be taken into account when calculating the profitability of the tariff.

Having decided on the main operations and having studied the offers of various banks, you need to calculate the approximate costs of RKO which will be required monthly. It is important not to forget one-time commissions, which are charged at a time when opening an account, connecting to a remote control system, issuing an electronic key, and so on.

In addition to the cost of service, other issues should influence the choice of bank, such as:

  • How quickly does it take to open an account (is there an online reservation option)? If you can open an account online, you can immediately receive details with which you can work, and bring the documents to the bank later.
  • What is the bank's credit rating? Due to the increasing frequency of revocation of licenses from banks in last years, this indicator is especially relevant. After all, even short-term downtime due to the freezing of accounts can lead to loss of profit and other financial difficulties.
  • E Are there bank branches in the city where the company operates? The lack of branches may lead to difficulties associated with the speed of decision-making and transactions.

10. Conclusion + video on the topic 🎥

So, do without cash management services these days impossible, however, the advantages of using such a service are obvious. Cashless payments make our lives easier and more convenient.

Despite the fact that RKO entails additional expenses, it significantly saves our time. Any transactions with your current account can be performed online and even through mobile phone.

It is also possible to open an account using online resources, without visiting a bank branch. In a competitive environment, banks are doing everything possible to attract as many customers as possible.

Now we know how to correctly evaluate a bank regarding the profitability of cooperation with it on cash settlement services, and having data on the five main banks we can easily navigate the modern market and make the right choice.

In conclusion, we suggest watching a video about cash management services for legal entities:

And also a video about cash settlement services at Alfa-Bank - an overview of tariffs and benefits of cash settlement services:

We wish you to successfully find your financial partner, cooperation with whom will not only give you confidence and reliability, but will also have a positive impact on the activities of your organization as a whole.

Dear readers of the magazine “RichPro.ru”, we will be grateful if you share your comments, experiences and wishes on the topic of publication in the comments below.

In the modern economy, commercial banks are becoming an important element of the market infrastructure. They are created and operate in the form of limited liability partnerships or auction companies. Their activities are possible only if they receive their own profit, which significantly changes the nature of relations between enterprises and banks, the content of the services provided, and the procedure for lending. Relationships between enterprises and banks are now built taking into account mutual interests and should benefit both parties. They arise in connection with the settlement, cash and credit services of enterprises, as well as in connection with the emergence of new services characteristic of a market economy.

Any enterprise makes monetary payments both as a seller and as a buyer, as well as:

– with workers and employees;

– with the budget, extra-budgetary funds;

– with the bank, etc.

Calculations are carried out:

In cash.

Directive of the Central Bank of the Russian Federation dated November 14, 2001 No. 1050-U established the maximum amount of cash settlement for one transaction in the amount of 6,000 rubles.

Non-cash payments are carried out through non-cash transfers to settlement, current and foreign currency accounts of clients in banks, through correspondent accounts between different banks, clearing offsets of mutual claims through clearing houses, as well as through bills of exchange and checks that replace cash

Between enterprises, institutions and organizations, payments are made non-cash. Non-cash payments are carried out by transferring funds from the payer's account to the recipient's account using various banking operations (credit and settlement), replacing cash in circulation. In this case, the relevant banking institutions (state and commercial) act as intermediaries in settlements between enterprises and organizations.

Relations between banks and clients are contractual in nature. Clients independently choose banks for credit and settlement services and can carry out all types of banking operations in one (for settlement operations) or several banks (for credit operations). Credit relations between banks and enterprises are formalized by loan agreements.

In addition to current accounts, banks open current and special accounts for storing funds for strictly designated purposes (letters of credit and check books).

Carrying out cash and settlement operations through a bank allows the state to comprehensively control the financial and economic activities of associations (enterprises). The Bank controls enterprises in terms of their compliance with established payroll funds, limits on business trips and business expenses, monitors the timeliness of enterprises’ settlements with the state budget for taxes and fees, timely payment of bills and payment requirements of suppliers, issues loans to enterprises for various purposes, for certain collateral and monitors the repayment of these loans on time, etc.

Since money acts as an intermediary in all calculations, it is obvious that in order to ensure the normal circulation of funds, conducting activities in a market environment In the night economy, it is necessary to perform all calculations correctly and in a timely manner. In turn, the efficiency of settlement operations largely depends on the state accounting cash, settlement and credit transactions.

A current account is an account opened at a bank and intended for storing ruble funds of an organization and conducting non-cash payments with other legal entities and individuals. The current account is the main account of the organization through which all monetary payments are made without restrictions. The number of current accounts is not limited by law.

Current accounts can be opened by any legal entity, regardless of the form of ownership. To open a current account, you must provide the following documents to the bank: application for opening an account; notarized copies of constituent documents and certificate of state registration of the organization; a certificate of registration of the organization with the tax office; a notarized card with sample signatures of the manager (first signature), chief accountant (second signature) and the organization’s seal; a copy of the certificate of assignment of statistical codes to the organization.

When opening a current account, a bank account agreement is concluded with an organization, which reflects the list of banking services for settlement and cash services, conditions the location of funds on the organization’s account, the rights and obligations of the parties, etc. Before signing the agreement, the organization must familiarize itself with the commission rate for the services provided by the bank.

The bank account agreement indicates the number of the open current account, and also provides the bank’s payment details for making non-cash payments. Currently, the numbers of current accounts of organizations and correspondent accounts consist of 20 digits.

A correspondent account is a bank account that reflects payments made by a bank on behalf and at the expense of another bank on the basis of a concluded correspondent agreement.

Information about opening bank accounts must be brought to the attention of the tax authorities. This requirement is mandatory for both newly registered organizations and existing organizations. After opening an organization's settlement, current, loan, deposit, currency and other account, banks send the tax authority a notice of opening an account for the taxpayer organization. The tax authorities, no later than the next business day, send an information letter of the established form to the bank regarding receipt of notification of the opening of an account. Operations to withdraw or transfer funds from the account are carried out by the bank only after receiving the specified letter.

In turn, the organization is also obliged to notify its tax office within 10 days after opening the account. For failure to comply with this requirement, the organization may be subject to a fine in accordance with Article 118 of the Tax Code of the Russian Federation in the amount of 5,000 rubles.

Funds can be credited to the organization’s current account from buyers of products, works, services; from debtors to repay debts; in the form of a bank loan; in the form of a cash loan, etc., as well as when handing over cash from the organization’s cash desk.

The bank accepts cash from the cash desk to the company's current account upon announcement - a written order from the account owner.

The credit institution writes off funds by order of the owner or without the order of the account owner in cases provided for by law. Indisputably, the bank can write off funds by court decision, at the request of the tax inspectorate for payment tax arrears and penalties accrued based on the results of the inspection. If there are insufficient funds to satisfy all the requirements presented to it, the funds are written off as they are received in the order established by law.

The bank issues cash from the company's current account for wages, sick leave benefits, bonuses, travel, entertainment and business expenses, and for the purchase of fuels and lubricants on the basis of checks. A cash check is an order from a business to a bank to issue a specified amount of cash from its current account. The company receives a checkbook from the bank that serves it. It indicates the amount, date of issue, name of the recipient, as well as information about the purpose of the amounts received (for wages, for business, entertainment or travel expenses, etc.). Checks are signed by persons who are granted the right of first and second signature on the account, and are affixed with the seal of the enterprise. Any corrections, although specified, are not permitted on checks. The bank issues money by check after checking the authenticity of the signatures and seal, i.e., their compliance with the samples.

The bank carries out all operations to write off funds from the current account with the consent of the owner or on the basis thereof. Kazov (documents of the established form) in the calendar sequence of occurrence of obligations.

In this case, funds are debited from the account on the basis of settlement documents drawn up in accordance with the requirements of the Regulations of the Central Bank of the Russian Federation “On non-cash payments in Russian Federation» dated November 3, 2002 No. 2-P, within the limits of funds available in the account, unless otherwise provided in agreements concluded between the Central Bank of the Russian Federation or credit institutions and their clients. A settlement document is a document drawn up on paper or an electronic payment document:

    order of the payer (client or credit institution) to write off funds from his account and transfer them to the account of the recipient of the funds;

    order of the recipient of funds (collector) to write off funds from the payer's account and transfer them to the account specified by the recipient of funds (collector).

Payment documents on paper are drawn up on document forms included in the All-Russian Classifier of Management Documentation (OKUD) OK 011-93 (class “Unified System of Banking Documentation”).

To open a special account, you must provide the following documents to a credit institution:

    application for opening an account;

    notarized copies of constituent documents and certificate of state registration of the organization;

    a certificate of registration of the organization with the tax office;

    a notarized card with sample signatures of the manager (first signature), chief accountant (second signature) and the organization’s seal;

    a copy of the certificate of assignment of statistical codes to the organization.

The most important feature of relations between enterprises and commercial banks is their contractual nature. The initiative to conclude contracts comes from the enterprise. It independently selects a bank for its cash and credit services. If the enterprise is located at the location of the bank, then the bank is obliged to open an account for the enterprise. Otherwise, the bank's consent is required. However, when opening accounts intended solely for storing funds and not for settlements, the enterprise is free to choose a bank and may have deposits in one or more banks. This procedure gives the company the opportunity, focusing on its own interests, to choose a bank where operations are carried out in an organized manner, a higher service culture, and a wider range of services provided.

For settlement services, the company enters into a bank account agreement with the bank, which is necessary for the implementation of non-cash payments. In accordance with the agreement, the bank opens current and other accounts for the enterprise as a client, credits them with funds received both from the enterprise and the enterprise, and debits the corresponding amounts from the enterprise’s account on its instructions to the accounts of suppliers, creditors, relevant budgetary and extra-budgetary funds. The bank undertakes to accept cash from the client company and issue it or on its instructions, and pay interest for storing money in accounts.

The main account of an enterprise as a legal entity is a current account. An enterprise has the right to open only one current account, either at its location (registration) or in another bank. Proceeds from the sale of products are credited to the current account, and payments are made for the company's obligations. Other accounts - current, loan, foreign exchange - can be opened in any quantity in various banks. To open foreign currency accounts for businesses, banks must have the appropriate license.

A settlement sub-account is opened by an enterprise that has separate structural units outside its location. At their location, bank accounts are opened in the name of the enterprise. Since the settlement subaccount has an auxiliary meaning, it accumulates revenue coming from the structural unit for subsequent transfer to the main settlement account of the enterprise.

Current accounts are opened for branches, departments and other non-self-supporting divisions of the enterprise. They carry out limited settlement transactions, mainly related to wages and administrative expenses. When you open a current foreign currency account at a bank, a transit foreign currency account is automatically opened, into which foreign currency transfers from the foreign economic activities of the enterprise are received. After selling part of the foreign currency proceeds, the balance of foreign currency funds is transferred to the current account. In the process of settlement and cash services, certain financial relations develop between the enterprise and the bank, accompanied by the movement of funds and affecting the formation of income of the bank and the enterprise.

Many banks charge fees for processing customer accounts and conducting cash and cash transactions to offset the costs of conducting them. Other banks open accounts for free to attract clients. At the same time, each bank pays a certain fee to the latter for storing funds with it, with the exception of a transit currency account.

The amount of the fee is set by mutual agreement if we are talking about a current account. The company places temporarily available funds into time deposit accounts on the terms of the bank, which sets interest on deposits depending on the period of storage of the money.

The enterprise's expenses for paying for bank services are included in the cost of products (works, services), income received from storing funds in bank accounts. Including exchange differences on foreign currency accounts are taken into account in the bank profit of the enterprise as non-operating income.

Settlements between enterprises, enterprises and the budget and other non-cash payments are carried out in established forms. Banks do not have the right to control this and prevent settlements. However, they are entrusted with a certain responsibility for compliance with the rules of accounting discipline. It is established by regulations of the National Bank of Ukraine and is determined by agreements between the enterprise and a commercial bank. For untimely (incorrect) debiting of funds from the enterprise’s account, as well as for untimely and incorrect crediting of funds received by the enterprise, it has the right to demand that the bank pay a fine in its favor in the amount of 0.5% of these amounts for each day of delay, if other or Additional forms of liability are not provided for in the agreement between the bank and the enterprise.

The responsibility of enterprises to banks is established in bank account and deposit agreements and loan agreements. It takes, for example, the form of increased interest paid to the bank for failure to repay the loan.

Let us list the main types of payment documents.

Payment order is an order of the account owner to the bank servicing him, documented in settlement documents, to transfer a certain amount of money to the recipient's account opened in this or another bank.

Letter of Credit represents a conditional monetary obligation accepted by the bank on behalf of the payer to make payments in favor of the recipient of funds upon presentation by the latter of documents that comply with the terms of the letter of credit, or to authorize another bank to make such payments.

Banks can open the following types of letters of credit:

– covered (deposited) and uncovered (non-guaranteed);

– revocable and irrevocable (can be confirmed).

Check- a written order from the payer to his bank to pay from his account to the holder of the check a certain amount of money.

There are cash and settlement checks.

Cash checks used to pay cash to the bank, for example, for wages, household needs, etc.

Settlement checks are used for non-cash payments; they represent an unconditional order from the drawer to his bank to transfer a certain amount of money from his account to the account of the recipient of the funds (check holder).

Bill form settlements are settlements between the supplier and the payer for goods and services with deferred payment based on a special document - a bill of exchange.

A bill of exchange is a stipulated written promissory note of a form strictly established by law, giving its owner (the holder of the bill) the indisputable right, when the term comes, to demand from the debtor payment of the amount indicated in the bill of exchange. The law distinguishes between two types of bills: promissory notes and transferable ones.

Promissory note (solo bill)- a document containing a simple and unconditional obligation of the drawer (debtor) to pay a certain amount of money at a certain time and in a certain place to the recipient of funds or his order.

2. COMPOSITION OF INCOME AND EXPENSES OF THE RUSSIA STATE BUDGET

Budget revenues express the economic relations that arise between the state and enterprises (associations), organizations and citizens in the process of forming the country's budget fund. The form of manifestation of these economic relations is different kinds payments of enterprises, organizations and the population to the state budget, and their material embodiment - funds mobilized into the budget fund. Budget revenues, on the one hand, are the result of the distribution of the value of the social product between various participants in the reproduction process, and on the other hand, they act as the object of further distribution of value concentrated in the hands of the state, since the latter is used to form budget funds for territorial, sectoral and special-purpose purposes.

The composition of budget revenues and the forms of mobilizing funds into the budget depend on the system and methods of management, as well as on the economic problems solved by society. In our country, where until recently the state was the owner of the majority of the means of production, budget revenues were based mainly on the cash savings of state-owned enterprises. Payment collection system in the period 1930-1990. differed in that it had a pronounced fiscal character, was strictly centralized, and was based on the use of individual rates. These features reflected the administrative-command approach to mobilizing financial resources at the disposal of the state and testified to the center’s desire to concentrate in its hands the maximum possible amount of funds.

The above-mentioned features were especially evident in payments from profits made by state enterprises based on individual rates adjusted by industry management bodies to specific business results. Even the introduction of standard payments from profits (payments for production assets, labor resources etc.) could not change the withdrawal system as a whole - it continued to focus on the individual results of managing individual enterprises. The absence of objective criteria according to which the share of participation of each business entity in the formation of the country's budget fund would be reasonably determined led to the undermining of the financial independence of enterprises and neglect of their economic interests.

The transition to market principles of economic management required the use of economic methods for managing social production, and the ineffectiveness of previously used forms of mobilizing part of the net income of enterprises into the budget led to fundamental change revenue systems - it began to be built on the basis of tax payments; the relationship between enterprises and the budget was transferred to a legal basis regulated by law.

The economic essence of taxes is characterized by the monetary relations that develop between the state and legal entities and individuals. These monetary relations are objectively conditioned and have a specific social purpose - the mobilization of funds at the disposal of the state. Therefore, tax can be considered as an economic category with two inherent functions - fiscal and economic. With the help of the first, a budget fund is formed; By implementing the second, the state influences reproduction, stimulating or restraining its development, strengthening or weakening the accumulation of capital, expanding or reducing the effective demand of the population.

Specific forms of manifestation of the tax category are the types of tax payments established by the legislative authorities. From the organizational and legal side, a tax is a mandatory payment received by the budget fund in the amounts specified by law and on time. A set of different types of taxes, in the construction and methods of calculation of which certain principles are implemented, forms the country’s tax system.

Today, the tax system is designed to really influence the strengthening of market principles in the economy, promote the development of entrepreneurship and at the same time serve as a barrier to the social impoverishment of low-paid segments of the population. The most important principles that must be implemented in the tax system include: a reasonable combination of direct and indirect taxes; the use of various types of them, allowing to take into account both the property status of taxpayers and the income they receive. During a period of aggravation of the crisis situation in the economy, it is better to have many sources of budget replenishment with relatively low rates and a wide tax base than one or two types of revenue with high withdrawal rates; universalization of taxation, ensuring, firstly, the same requirements for business efficiency for all payers, regardless of the type of property, organizational and legal forms of business, etc., and secondly, the same approach to calculating the amount of tax, regardless of the source income received, business sector, economic sector; one-time taxation, which means that the same object can be taxed of one type only once for a period specified by law; fiscal effect even in conditions of falling production. The use in a single system of direct and indirect taxes, varied in terms of objects of taxation and methods of calculation, allows the state to more fully implement in practice both functions of taxes - both fiscal and economic: the property of enterprises, which creates the material and technical basis of their activities, is also subject to tax influence; and consumed in production different types resources, labor, and income generated.

In accordance with Art. 39 BC budget revenues are formed in accordance with the budget and tax legislation of the Russian Federation. Budget revenues may partially centralize revenues credited to the budgets of other levels of the budget system of the Russian Federation for targeted financing of centralized activities, as well as gratuitous transfers. As part of budget revenues, the revenues of targeted budget funds are taken into account separately.

Tax income includes federal, regional and local taxes and fees provided for by the tax legislation of the Russian Federation, as well as penalties and fines. The amount of provided tax credits, deferments and installments for the payment of taxes and other obligatory payments to the budget is fully taken into account in the revenues of the corresponding budget.

Non-tax income includes:

Income from the use of property located in state or municipal ownership, after payment of taxes and fees provided for by the legislation on taxes and fees;

Income from paid services provided by budgetary institutions under the jurisdiction of the federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local governments, respectively, after paying taxes and fees provided for by the legislation on taxes and fees;

funds received as a result of the application of civil, administrative and criminal liability measures, including fines, confiscations, compensation, as well as funds received in compensation for damage caused to the Russian Federation, constituent entities of the Russian Federation, municipalities, and other amounts of forced seizure ;

income in the form of financial assistance received from budgets of other levels of the budget system of the Russian Federation, with the exception of budget loans and budget credits;

other non-tax income.

According to Art. 50 of the Budget Code of the Russian Federation, tax revenues of the federal budget include:

federal taxes and fees, the list and rates of which are determined by the tax legislation of the Russian Federation, and the proportions of their distribution in the order of budget regulation between budgets of different levels of the budget system of the Russian Federation are approved by the federal law on the federal budget for the next financial year for a period of at least three years, subject to possible increasing the standards for contributions to lower-level budgets for the next financial year. The validity period of long-term standards can be reduced only if changes are made to the tax legislation of the Russian Federation;

customs duties, customs fees and other customs payments;

state duty in accordance with the legislation of the Russian Federation.

income from the use of state-owned property, income from paid services provided by budgetary institutions under the jurisdiction of the authorities state power Russian Federation - after paying taxes and fees provided for by tax legislation in full;

The portion of the profit of unitary enterprises created by the Russian Federation remaining after paying taxes and other obligatory payments is in the amounts established by the Government of the Russian Federation.

Federal budget revenues, in addition to those listed in paragraph 1 of this article, also take into account:

the profit of the Bank of Russia remaining after paying taxes and other obligatory payments - according to the standards established by federal laws;

income from foreign economic activities.

According to the Federal Law “On the State Budget for 2004”, federal budget revenues received in 2004 are generated from:

income from the payment of federal taxes and fees - in accordance with the standards of deductions;

Unified agricultural tax - according to the standards established by the legislation of the Russian Federation;

Dividends on federally owned shares - in the amount of 100 percent of income;

income from leasing property that is federally owned and located on the territory of the Russian Federation - in the amount of 100 percent of income;

income from leasing weapons and weapons to foreign states military equipment federally owned - in the amount established by law;

consular fee collected on the territory of the Russian Federation - in the amount of 100 percent of income;

fees for issued passports, including foreign ones, documents inviting persons from other states to the Russian Federation, visas and residence permits in the Russian Federation for foreign citizens and stateless persons - in the amount of 100 percent of income;

fees for providing information on the unified state register of taxpayers - in the amount of 100 percent of income;

fees for providing information contained in the Unified State Register of Legal Entities and the Unified State Register of Individual Entrepreneurs - in the amount of 100 percent of income;

Assay fee (assay fee), including fee for certification of precious metals, precious stones and products made from them;

fees for borrowing material assets from the state material reserve and other income from operations with the state material reserve - in the amount of 100 percent of income;

fees for services (work) provided Government agency on the formation of the State Fund of Precious Metals and Precious Stones of the Russian Federation, storage, release and use of precious metals and precious stones under the Ministry of Finance of the Russian Federation (Gokhran of Russia) when carrying out transactions with valuables from the State Fund of Precious Metals and Precious Stones of the Russian Federation, - in the amount 100 percent of income;

profits of the Central Bank of the Russian Federation;

Patent duties and registration fees for the official registration of computer programs, databases and topologies of integrated circuits - in the amount of 100 percent of income;

income from the activities of the joint venture Vietsovpetro - in accordance with the legislation of the Russian Federation;

part of the profit of federal state unitary enterprises remaining after paying taxes and other obligatory payments - in the manner established by the legislation of the Russian Federation;

income from the sale of property of state unitary enterprises, institutions and military property (except for income for which hereby Federal law a different procedure for use has been established) - in the manner established by the legislation of the Russian Federation;

funds received from the issuance by the Ministry of Economic Development and Trade of the Russian Federation of certificates, passports of barter transactions and from the provision of consulting services to them - in the amount of 100 percent of income;

Funds reimbursed by legal entities and individual entrepreneurs selling and producing goods or services, the State Inspectorate for Trade, Quality of Goods and Consumer Protection of the Ministry of Economic Development and Trade of the Russian Federation for carrying out control activities, control purchases and carrying out examinations, tests (research) of samples goods (products) - in the amount of 100 percent of income;

funds from the disposal and sale of property confiscated on the basis of writs of execution of judicial bodies or acts of other bodies that are given the right to make decisions on foreclosure on property recognized as ownerless in the prescribed manner, as well as confiscated by federal executive authorities in accordance with their competence, and other property converted into federal ownership on the grounds provided for by the legislation of the Russian Federation - in the amount of 100 percent of income minus the costs of disposal and sale of said property in accordance with the list established by the Government of the Russian Federation, unless otherwise provided by the legislation of the Russian Federation;

Income received from payment of payments for the use of subsoil, and income from payment for geological information about the subsoil;

Payments for the use of aquatic biological resources under intergovernmental agreements - in the amount of 100 percent of income;

income from the operation and use of property of federal highways - in the amount of 100 percent of income;

other income from the use of property in federal ownership, as well as income from permitted types of activities of federal institutions financed from the federal budget (except for income for which this Federal Law establishes a different procedure for execution);

income from the sale of intangible assets - in accordance with the legislation of the Russian Federation;

income from the application of measures of civil, administrative and criminal liability, including fines, compensation, damages, in accordance with the legislation of the Russian Federation;

enforcement fees collected in the process of enforcement proceedings - in the amount of 80 percent of income;

income from foreign economic activity - in the amount of 100 percent of income;

income from export sales of uranium products:

the natural raw material component of low-enriched uranium returned to the Russian Federation as a result of the fulfillment of the Russian Federation’s obligations in the field of disarmament and arms control - in the amount of 100 percent of the income;

highly enriched uranium supplied as part of the implementation by the Russian Federation of international treaties on scientific and technical cooperation in the field of peaceful uses of atomic energy - in the amount of 100 percent of revenues;

income from the sale of seeds from the Federal Seed Fund - in the amount of 100 percent of income;

Income from commodity interventions and the sale of grain from the reserves of the Federal Intervention Fund for Agricultural Products, Raw Materials and Food - in the amount of 100 percent of income;

Funds received for issuing licenses, permits and certificates provided for by Federal Law of December 13, 1996 N 150-FZ “On Weapons”, as well as for extending their validity - in the amount of 100 percent of income;

fees for certain types of services provided by federal executive authorities;

income from the provision of paid services received by the accounts of the State Courier Service of the Russian Federation and its territorial bodies - in the amount of 100 percent of income;

fees for services provided on a contractual basis by divisions of internal affairs bodies of the Ministry of Internal Affairs of the Russian Federation for the protection of property of legal entities and individuals and the provision of other services related to ensuring the safety and security of citizens - in the amount of 100 percent of income;

amounts of monetary penalties (fines) collected for violation of the labor legislation of the Russian Federation - in the amount of 100 percent of proceeds;

funds received by customs authorities, which are the owners of temporary storage warehouses and customs warehouses, to reimburse the costs of storing goods - in the amount of 100 percent of income;

funds received from the United Nations to reimburse federal budget expenses incurred pursuant to decisions of the Government of the Russian Federation in connection with the provision of military and civilian personnel to participate in activities to maintain peace and security, as well as received as compensation for the provision of assistance by the Russian Federation to others states when implementing international programs, projects and operations for humanitarian demining - in the amount of 100 percent of income;

other taxes, fees, duties and payments subject to credit to the federal budget in accordance with the legislation of the Russian Federation.

The following funds are included in federal budget revenues:

received from taxpayers to pay off the debt as of January 1, 2001 for the tax on the sale of fuels and lubricants, penalties and fines for late payment of this tax in the part credited to the Federal Road Fund of the Russian Federation, as well as income that, in accordance with legislation of the Russian Federation were, until January 1, 2001, sources of formation of other federal target budget funds (with the exception of 15 percent of the amounts of fines imposed administratively, previously credited to the State Crime Fighting Fund);

received from taxpayers to repay the debt incurred as of January 1, 2002 for payments for the use of subsoil, deductions for the reproduction of the mineral resource base, excise tax on oil and stable gas condensate, debt accrued as of January 1, 2004 for the excise tax on natural gas, as well as penalties and fines for late payment of these taxes according to the standards;

received from taxpayers to repay the debt incurred as of January 1, 2002 for the unified social tax, penalties and fines for late payment of this tax in the part previously credited to the budget of the Pension Fund of the Russian Federation;

Receipts from taxpayers to pay off debts accrued as of January 1, 2001 for insurance contributions to the State Employment Fund of the Russian Federation, penalties and fines for late payment of these contributions, as well as funds from the said Fund returned by organizations in accordance with previously concluded contracts (agreements) );

target budget fund of the Ministry of the Russian Federation for Atomic Energy.

State authorities of the constituent entities of the Russian Federation, local governments, taking into account existing financial capabilities, have the right to increase the standards of financial costs for the provision of state and municipal services.

Budget expenditures, depending on their economic content, are divided into current expenditures and capital expenditures.

The grouping of budget expenditures into current and capital is established by the economic classification of budget expenditures of the Russian Federation.

Funds from the repayment of government loans, budget loans and budget loans, including funds received from the sale of property and other collateral transferred by recipients of budget loans, budget loans and state or municipal guarantees to the relevant executive authorities as security for obligations under budget loans, budget loans and state or municipal guarantees are reflected in budget expenditures with a minus sign.

According to Art. 67 Capital expenditures of budgets are part of budget expenditures that ensure innovative and investment activity, including items of expenditure intended for investment in existing or newly created legal entities in accordance with the approved investment program, funds provided as budget loans for investment purposes to legal entities, expenses for major (restorative) repairs and other expenses associated with expanded reproduction, expenses during the implementation of which property is created or increased, owned respectively by the Russian Federation, constituent entities of the Russian Federation, municipalities, other budget expenditures included in capital expenditures of the budget in accordance with the economic classification of budget expenditures of the Russian Federation.

A development budget can be formed as part of capital expenditure budgets. The procedure and conditions for the formation of the development budget are determined by federal law.

In Art. 68 current budget expenditures are determined. Current budget expenditures - part of budget expenditures that ensures the current functioning of state authorities, local governments, budgetary institutions, the provision of state support to other budgets and individual sectors of the economy in the form of grants, subsidies and subventions for the current functioning, as well as other budget expenditures not included in capital expenditures in accordance with the budget classification of the Russian Federation.

In accordance with Art. 69 provision of budget funds is carried out in the following forms:

allocations for the maintenance of budgetary institutions;

funds to pay for goods, works and services performed by individuals and legal entities under state or municipal contracts;

Transfers to the population, including:

Allocations for the implementation by local government bodies of mandatory payments to the population established by the legislation of the Russian Federation, the legislation of the constituent entities of the Russian Federation, legal acts of representative bodies of local government;

Provisions for the implementation of certain state powers transferred to other levels of government;

Provisions for compensation of additional expenses arising as a result of decisions taken by government bodies, leading to an increase in budget expenditures or a decrease in budget revenues;

Budget loans to legal entities (including tax credits, deferments and installments for the payment of taxes and payments and other obligations);

Subventions and grants to individuals and legal entities;

investments in the authorized capital of existing or newly created legal entities;

budget loans, grants, subventions and subsidies to budgets of other levels of the budget system of the Russian Federation, state extra-budgetary funds;

loans and borrowings within the country through government external borrowings;

loans to foreign countries;

funds for servicing debt obligations, including state or municipal guarantees.

In Art. 84 defines expenses financed exclusively from the federal budget. The following functional types of expenses are financed exclusively from the federal budget:

Supporting the activities of the President of the Russian Federation, the Federal Assembly of the Russian Federation, the Accounts Chamber of the Russian Federation, the Central Election Commission of the Russian Federation, federal executive bodies and their territorial bodies, other expenses for general government administration according to the list determined upon approval of the federal law on the federal budget for the next financial year;

functioning of the federal judicial system;

carrying out international activities in the general federal interests (financial support for the implementation of interstate agreements and agreements with international financial institutions, international cultural, scientific and information cooperation of federal executive authorities, contributions of the Russian Federation to international organizations, other expenses in the field of international cooperation, determined upon approval of the federal law on the federal budget for the next financial year);

national defense and ensuring state security, implementing the conversion of defense industries;

fundamental research and promotion of scientific and technological progress;

state support for railway, air and sea transport;

state support for nuclear energy;

liquidation of consequences emergency situations and federal disasters;

exploration and use of outer space;

formation of federal property;

servicing and repaying the government debt of the Russian Federation;

compensation to state extra-budgetary funds for the costs of paying state pensions and benefits, other social benefits subject to financing in accordance with the legislation of the Russian Federation from the federal budget;

replenishment of state reserves of precious metals and precious stones, state material reserves;

holding elections and referendums of the Russian Federation;

federal investment program;

ensuring the implementation of decisions of federal government bodies that led to an increase in budget expenditures or a decrease in budget revenues of budgets of other levels;

ensuring the implementation of certain state powers transferred to other levels of government;

financial support for constituent entities of the Russian Federation;

official statistical records;

other expenses.

TASK 1

The company has the following indicators of economic and financial activity for 1 quarter. 2003:

Name of indicator, thousand rubles.

thousand roubles.

1. Revenue from sales of products (excluding VAT, excise taxes)

2. Product cost

3. Profit from the sale of property

4. Income from intermediary activities

5. Penalties and fines received

6. Penalties, fines paid

Tax on income from equity participation.

SOLUTION

1. Profit from the sale of products (Pr.p.), which is calculated as the difference between the proceeds from the sale of products without VAT and excise taxes and the cost of production.

Pr.p. = Vr.p. - WITH

without VAT and excise taxes

We calculate profit from product sales:

Pr.p. = 40 – 28 = 2 thousand rubles.

2. Balance sheet profit Pb includes profit from the sale of products (Pr.p.), profit from the sale of property (Pr.im.), income from non-sales operations (Dvn), reduced by the amount of expenses on them (Rvn)

Pb = Pr.p. + P r.im + Dvn – Rvn = 2 + 3 + 3+ 2 -2 = 8 thousand rubles

3. Taxable profit is calculated in accordance with the changes specified in Part II of the Tax Code of the Russian Federation (Chapter 25). It includes profit from the sale of products, profit from the sale of property, income from non-sales operations, reduced by the amount of income from equity participation:

Mon.reg. = Pr.p. +Pr.i. + D int – D dol.uch. = 2+ 3 +3+ 2 – 2 – 2 = 6 thousand rubles.

4. The amount of income tax is determined by multiplying the taxable profit by the tax rate (24%):

Npr = (Mon.reg. x 24%) = (6 x 24%)/100% = 1.44 thousand rubles.

This amount is distributed as follows:

– to the Federal Budget – 6% (Nprf = (Pn.reg. x 6%) /100%) = 0.36 thousand rubles);

– to the budgets of the constituent entities of the Russian Federation – 16% (Npr. budgetary sub. = (Mon.reg. x 16%) /100%) = 0.96 thousand rubles);

– to local budgets – 2% Npr. budget sub = (Mon. region x 2%) /100%) = 0.12 thousand rubles);

5. The amount of tax on income from equity participation in the activities of another enterprise is determined by multiplying this income by the tax rate:

Nd.uch. = (D.d.uch. x 6%)/100% = (2 x 6%)/100% =0.12 thousand rubles.

TASK 2

The insured value of the building is 1000 thousand rubles. The building was damaged by 30% in the fire. The insurance payment was made in full before the insured event. Determine the amount of the insurance premium (Сп) and the amount of compensation for insurance damage (У), if the insurance rate is 5%.

SOLUTION

The amount of the insurance premium is determined by the formula:

thousand roubles.

Where S– insured value of the building;

T– insurance rate.

The amount of damages is equal to:

thousand roubles.

TASK 3

The depositor deposited 7,000 rubles in a bank paying 40% per year. What amount will be in the depositor's account after 6 months?

SOLUTION

The amount in the depositor's account is determined by the formula:

S =P x(1+ n x i) = 7000 x (1 + (6/12) x 0.4) = 11200 thousand rubles.

Where R Optimization of corporate taxation
Theoretical aspects of the analysis of enterprise turnover

Organization of settlement and cash services for enterprises in banks

The initial and main function of banks is to mediate settlements. Therefore, of undoubted interest are the features of the organization of money circulation by commercial banks in modern stage.

The organization of money circulation in Russia is based on certain principles:

    1) all enterprises and organizations are required to keep their funds in bank accounts;

    2) settlements between enterprises should be carried out primarily without the use of cash through non-cash transfers to bank accounts or through mutual claims;

    3) non-cash payments are carried out on the basis of payment documents.

The main share of the monetary turnover of business organizations (80-90%) falls on non-cash turnover and only a small part is carried out in cash.

When providing settlement services, the bank, as a rule, also provides cash services to enterprises and organizations if they need it.

Since the issuing center is the Main Bank of the country - currently the Central Bank of Russia, all issues of cash flow are regulated by the documents of this body.

On January 05, 1998, the Central Bank of the Russian Federation introduced Regulations “On the rules for organizing cash circulation on the territory of the Russian Federation” No. 14-P.

The regulations on the rules for organizing cash circulation on the territory of the Russian Federation were developed in accordance with the competence granted to the Bank of Russia by the Federal Law of July 8, 1999 “On the Central Bank of the Russian Federation (Bank of Russia)”, as well as taking into account the provisions of the Federal Law of July 8, 1999 "On Banks and Banking Activities", Civil Code of the Russian Federation, other federal laws and legal acts in force on the territory of the Russian Federation.

This Regulation is mandatory for implementation by territorial branches of the Bank of Russia, cash settlement centers, credit institutions and their branches, including institutions of the Savings Bank of the Russian Federation (hereinafter referred to as bank institutions), as well as organizations, enterprises and institutions on the territory of the Russian Federation.

Cash received at the cash desks of enterprises is subject to delivery to banking institutions for subsequent crediting to the accounts of these enterprises.

Cash is handed over by enterprises directly to the cash desks of bank institutions or through joint cash desks at enterprises, as well as by enterprises of the State Committee of the Russian Federation for Communications and Informatization (Goskomsvyaz of Russia) for transfer to the appropriate accounts in bank institutions. Cash can be deposited by enterprises on contractual terms through the collection services of banking institutions or specialized collection services licensed by the Bank of Russia to carry out relevant operations for the collection of cash and other valuables.

Acceptance of cash by banking institutions from serviced enterprises is carried out in the following manner: established by the Instructions on issuance and cash operations in the institutions of the Bank of Russia dated November 16, 1995 No. 31 and the Regulations “On the procedure for conducting cash transactions in credit institutions on the territory of the Russian Federation” dated March 25, 1997 No. 56.

The procedure and terms for depositing cash are established by bank service institutions for each enterprise in agreement with their managers, based on the need to accelerate the turnover of money and timely receipt of it by a commercial bank.

The organization of cash circulation by a commercial bank is regulated by the following basic provisions:

    1) cash received from the bank must be used by the enterprise strictly for its intended purpose;

    2) enterprises and organizations can have cash in their cash register within the limits of the cash balance in the cash register and use it from the proceeds within the limits. Limits on the cash balance and norms for the use of proceeds are established by the bank that services the enterprise, based on the documents submitted by it. If necessary, the limit may be revised;

    3) exceeding the established limits of the cash balance is allowed only on days of payment of salaries, social security benefits, scholarships, pensions, but not more than three working days, including the day of receiving money from the bank. Amounts not paid on time must be submitted to the bank;

    4) all proceeds received in cash (with the exception of that part that, in accordance with the charter of the enterprise, can be spent on salaries and some business expenses), the enterprise is obliged to promptly submit for crediting to accounts in the manner agreed with the bank.

Cash can be deposited:

    to bank cash desks;

    to collectors for subsequent delivery to the bank;

    communications companies for transfer to bank accounts.

After opening a current account, in order to obtain a permanent registration certificate, you must submit a certificate confirming the contribution of half of the authorized capital. The bank issues this document after depositing funds into the current account in the amount of 50% of the amount of the authorized capital specified in the constituent agreement in the amount of money. To do this, the founders fill out an advertisement for a cash contribution. In this case, the supporting document is a receipt filled out along with the advertisement, marked by the bank. These same documents are used in further relationships with the bank when depositing cash proceeds into a current account or when paying for banking services in cash (for opening an account, issuing a checkbook, etc.).

IN economic activity Organizations quite often need to purchase material assets (works, services) for production needs in cash. Failure to comply with certain conditions when documenting such transactions often leads to problems with tax and other authorities controlling financial and economic activities.

The degree of attention on the part of the chief accountant to the proper documentation of cash purchases for the needs of organizations is currently determined, first of all, by the Federal Law of November 21, 1996 No. 129-FZ “On Accounting”.

According to Article 9 of this Law, all business transactions carried out by the organization must be documented with supporting documents. It is the supporting documents that serve as the primary accounting documents on the basis of which accounting is conducted.

According to the Federal Law “On Accounting”, primary documents are accepted for accounting if they are drawn up in a unified form, and only business transactions for which unified forms of documents are not provided can be drawn up in documents of any form, but with the obligatory indication of the details stipulated by the Law.

In this case, the issuance of cash to employees from the organization’s cash desk can be carried out:

    or for reporting on business and operating expenses (in amounts and for periods determined by the head of the organization);

    or in order to reimburse expenses incurred by the employee from personal funds for the needs of the organization (by decision of the head of the organization).

Organizations usually receive funds for these purposes from the servicing bank. Organizations that have constant cash revenue can spend it for the purposes determined by the “Procedure for Conducting Cash Operations”, approved by letter of the Central Bank of the Russian Federation dated October 4, 1993 No. 18 (as amended by subsequent amendments and additions), in agreement with the banks that serve them. To obtain such permission, you should contact the bank with a corresponding letter of request.

The bank issues cash to the company using a standard form cash check. An enterprise that has a bank account and is engaged in cash services issues a receipt of a checkbook. To do this, an application in a standard form is submitted to the bank for the issuance of a checkbook, indicating the current account number, the name of the organization and the person who will receive the money (usually a cashier). In addition to the cashier, if necessary, checks and cash can be issued to other employees of the enterprise (with the exception of the chief accountant).

The checkbook issued to the company contains 50 or 25 checks. The checkbook is represented by: a) the checks themselves - the company receives money from them, they remain in the bank in the documents of the day; b) counterfoils of checks, which remain with the enterprise and serve as the basis for drawing up cash documents.

The main part of money turnover is non-cash payment turnover, which mediates almost all areas of economic relations between enterprises and organizations. Non-cash payment turnover is entirely carried out through banking institutions in which accounts of enterprises and organizations are opened. Therefore, the timeliness and speed of settlements between enterprises, their financial situation, and the state of payment discipline in the country depend on the correct organization of the non-cash payment system as a whole. One of the factors ensuring uninterrupted payments throughout the country’s economic space is the uniform application of payment rules, which are determined by regulations. These documents are issued by the country's Central Bank. They are binding on all banks and their clients.

Until November 1, 2000, the Regulations of the Central Bank of the Russian Federation “On non-cash payments in the Russian Federation” are in force (as amended by the letter of the Central Bank of the Russian Federation dated May 19, 1993, No. 37).

This Regulation applies to all state, cooperative, joint stock, joint, public enterprises, associations, organizations and institutions, commercial banks, financial settlement and financial credit centers and individuals.

The organization of non-cash payments in the Russian Federation in the context of the development of commodity-money relations is based on the following principles:

    1) with all the diversity of forms of ownership and activity of enterprises, enterprises retain the right to freely choose forms of payment and fix them in contracts. Restriction of freedom of choice on the part of a commercial bank is not allowed;

    2) transfers to enterprise accounts are carried out on behalf of the payer with his consent (acceptance). Direct debiting of funds is permitted in certain cases established by law;

    3) all payments from the accounts of the enterprise are made in the order determined by the head of the enterprise, unless otherwise provided by law.

Bank institutions are obliged to credit (write off) the amounts due to the enterprise no later than the next business day after receiving the relevant document.

Since clients of a commercial bank enter into economic relations with various enterprises and organizations that are serviced by various commercial banks, the need arises to organize settlements between banks.

Settlements between banks in Russia are carried out through cash settlement centers created by the Central Bank of Russia in republics, territories, regions, cities, and districts. Banking transactions for settlements can be carried out through correspondent accounts opened with each other on the basis of interbank agreements.

If the delay in settlements occurred due to the fault of the bank or cash settlement center, then in this case the enterprise has the right to file a claim against the bank or cash settlement center that committed the violations.

Based on the current Regulations, non-cash payments in Russia can be carried out using payment orders, letters of credit, payment requests-orders, and collection payments.

The use of one or another form of payment is determined by an agreement between the payer and the recipient of funds.

In connection with the introduction of new Rules for maintaining accounting records in the Central Bank of the Russian Federation and Rules for maintaining accounting records in credit institutions located on the territory of the Russian Federation, the Central Bank of the Russian Federation issued Directive No. 51-u dated December 3, 1997 “On the introduction of new formats settlement documents”, which established new formats for the following settlement documents: payment request, payment request-order, application for a letter of credit.

Starting from January 1, 1998, payment requests, payment requests-orders, applications for letters of credit, collection orders (instructions) are submitted by clients to banking institutions only on new forms.

In the settlement document submitted by a credit institution (branch) to the settlement network of the Bank of Russia, the name and location of the credit institution (branch) must be indicated in the fields “Payer's Bank” and “Recipient's Bank”.

All payment documents, regardless of the form of payment, must comply with the requirements of established standards and contain established details.

Payment documents are accepted by the bank for execution regardless of the amount. Blots and erasures when filling out settlement documents are not allowed. The bank accepts documents throughout the entire business day. Funds are written off from the payer's account on the basis of the first copy of the settlement document or document transmitted by telefax, unless otherwise agreed by the Central Bank.

This is an order from an enterprise to its servicing bank to transfer a certain amount from its account to the recipient’s account.

The payer's order is executed by the bank if there are funds in the payer's account, unless otherwise provided by the agreement between the payer and the bank. Orders are executed by the bank in accordance with the order in which funds are written off from the account.

In case of non-execution or improper execution of the client’s instructions, the bank is liable on the grounds and in the amounts provided for in Chapter 25 of the Civil Code of the Russian Federation.

In cases where non-execution or improper execution of an order occurred due to a violation of the rules for performing settlement transactions by the bank hired to execute the payer’s order, liability may be imposed by the court on this bank.

If a violation of the rules for conducting settlement transactions by a bank resulted in the unlawful withholding of funds, the bank is obliged to pay interest in the manner and in the amount provided for in Article 395 of the Civil Code of the Russian Federation.

Widely used in practice, Art. 395, the Civil Code of the Russian Federation provides for the responsibility of the debtor for the use of someone else’s money as a result of their unlawful retention, evasion of their return, other delay in their payment, or unjust receipt or savings at the expense of another person. Moreover, from the meaning of the article itself it follows that the above provisions can be applied only when there is a monetary obligation between the parties.

It is a conditional monetary obligation of the bank, issued by it on behalf of the client in favor of its counterparty under the agreement.

When making payments under a letter of credit, a bank acting on behalf of the payer to open a letter of credit, in accordance with its instructions, undertakes to make payments to the recipient of funds or pay, accept or honor a bill of exchange or authorize another bank (executing bank) to make payments to the recipient of funds or pay, accept or honor a bill of exchange.

The rules on the executing bank apply to the issuing bank that makes payments to the recipient of funds or pays a bill of exchange.

In the case of opening a covered (deposited) letter of credit, the issuing bank, upon its opening, is obliged to transfer the amount of the letter of credit (covering) at the expense of the payer or the loan provided to him at the disposal of the executing bank for the entire duration of the obligations of the issuing bank.

In the event of opening an uncovered (guaranteed) letter of credit, the executing bank is given the right to write off the entire amount of the letter of credit from the account of the issuing bank maintained by it.

The procedure for making payments under a letter of credit is regulated by law, as well as the banking rules established in accordance with it and business customs applied in banking practice.

The use of a letter of credit form of payment requires payment participants to comply with a number of requirements. First of all, the agreement between the payer and the supplier providing for settlements under a letter of credit must define the following conditions:

    validity period, payment procedure for a letter of credit;

    name of the issuing bank;

    type of letter of credit and method of its execution;

    method of notifying the supplier about the opening of a letter of credit;

    a complete list and precise description of the documents submitted by the supplier to receive funds under the letter of credit;

    deadlines for submitting documents after shipment of goods, requirements for their execution.

In order to open a letter of credit, the payer must submit an application for a letter of credit to the issuing bank. In accordance with the instructions of the Central Bank of Russia dated December 3, 1997 No. 51-U “On the introduction of new formats of payment documents,” the application for a letter of credit is drawn up on form 0401063. In the application, the payer indicates the following information:

Correct execution of an application for a letter of credit, as well as compliance of the application with the terms of the agreement, is of great importance. This is due to two circumstances.

Firstly, the bank has the right to refuse to execute an application for a letter of credit if it does not contain data, without which it is impossible to open a letter of credit.

Secondly, the opening by the buyer of a letter of credit on terms not agreed upon with its counterparty (supplier) gives the latter the right to suspend the performance of its obligations under the contract. In this case, the supplier will not be responsible for late delivery of the goods.

The parties to the agreement themselves must monitor the compliance of the terms of the letter of credit with the agreement. The issuing bank has no such obligation. The issuing bank must only check the compliance of the application for a letter of credit with the form established by law. Verification by the issuing bank of an application for a letter of credit against the terms of the agreement is actually a violation of paragraph 3 of Article 845 of the Civil Code of the Russian Federation. This article contains a rule that does not allow the bank to determine and control the direction of use of funds. It is also not allowed to establish restrictions on the bank client’s disposal of their funds that are not provided for by law or contract.

When using a letter of credit form of payment, the bank checks the documents submitted by the recipient of funds, but not the actual execution of the contract. Payment from a letter of credit made by a bank on the basis of forged documents, but meeting the requirements imposed on them, cannot serve as a basis for holding the bank liable for improper execution of the letter of credit.

The regulation on non-cash payments in the Russian Federation provides for the abolition of settlements with payment requirements. At the same time, banks have the right to accept payment requests, but without recording them in an off-balance sheet account.

Represents the supplier’s demands for the buyer to pay on the basis of settlement and shipping documents sent to the payer’s servicing bank.

The payer, having received documents received from his bank, is obliged to return the payment request-order to the bank within three days, agreeing to payment or refusing it. The payment request-order is accepted for execution if there are funds in the payer’s account.

When making collection payments, the bank (issuing bank) undertakes, on the client’s instructions, to carry out actions at the client’s expense to receive payment from the payer and (or) acceptance of payment. The issuing bank that has received the client’s order has the right to attract another bank (executing bank) to carry it out. The procedure for making collection payments is regulated by law, the banking rules established in accordance with it and the business customs used in banking practice.

In accordance with Article 874 of the Civil Code of the Russian Federation, collection settlements provide for the obligation of the bank (issuing bank) to carry out, on behalf of the client at the expense of the client, actions to receive payment from the payer and (or) acceptance of payment. The collection form of payments is carried out using payment requests-orders (f. 0401064) and payment requests (f. 0401061).

Payment requests can be used for settlements in the following cases.

Firstly, if settlements using payment requests are provided for in the bank account agreement. The absence of an agreement on the use of payment requests in the contract gives the bank grounds to refuse to accept and execute the payment request.

Secondly, on the basis of payment requests, funds are written off without acceptance from the accounts of bank clients. Currently, payment requests involving the debiting of funds without the client’s order may be submitted in the following payment cases:

    consumers (except for budgetary organizations and the population) of electricity and thermal energy and gas supplied by electricity and gas supply organizations, as well as oil and petroleum products sold by oil producing associations and enterprises and organizations of the Rosnefteproduct concern (Decree of the President of the Russian Federation dated September 18, 1992 No. 1091 “On measures to improve payments for products of the fuel and energy complex");

    consumers (except the population) of communication services provided by communication enterprises (their separate divisions) of any form of ownership located on the territory of the Russian Federation (Resolution of the Supreme Council of the Russian Federation dated May 19, 1993 No. 4986-1);

    consumers (except for housing and communal services, budgetary organizations and the population) of electric and thermal energy, water supply and sanitation services (Resolution of the Supreme Council of the Russian Federation dated 01.04.93 No. 4725-1 “On measures to improve payments for products and services of municipal energy and water supply and sewerage enterprises").

The listed types of write-offs of funds without the order of the account owner are made based on the indicators of measuring instruments and current tariffs.

In accordance with paragraph 3 of the instructions of the Central Regional Bank dated December 3, 1997 No. 51-U “On the introduction of new formats of payment documents”, in case of direct debit, “Without acceptance” must be indicated in the field of the payment request “Term of payment”. It is also necessary to have a link to a regulatory document (Federal Law, Decree of the President of the Russian Federation, Decree of the Government of the Russian Federation), on the basis of which funds are written off without acceptance.

In the information letter of the Higher arbitration court RF dated January 15, 1999 “Review of the practice of resolving disputes related to the use of letter of credit and collection forms of payment” contains the following recommendations on these forms of payment:

    The supplier has the right to defer delivery if the buyer has opened a letter of credit on conditions not provided for in the contract (if the buyer unilaterally changes the terms of the letter of credit in terms of its validity period, documents to be submitted and the type of letter of credit, which is a violation of contractual obligations to the counterparty).

    The buyer is obliged to pay for the goods accepted by him, even if they were shipped by the supplier before the letter of credit was opened. The supplier has the right, but not the obligation, to refuse to deliver the goods in the absence of a letter of credit.

    Violation by the buyer of the terms for opening a letter of credit does not in itself entail the consequences provided for late payment for the goods. Opening a letter of credit is not a payment. This action is aimed at ensuring that the supplier can receive payment if he fulfills the terms of the letter of credit.

    Failure of banks to fulfill their obligations to return funds from a closed letter of credit does not relieve the buyer of the obligation to pay for the goods received and corresponding to the terms of the contract. The relationship between the buyer and the bank under the letter of credit, including regarding the return of coverage amounts, is independent and distinct from the transaction under which payment is made.

    The buyer has the right to demand the return of amounts paid with a letter of credit for goods that he has rightfully refused. In this case, the seller is obliged to return the amounts paid and interest. If the terms of the letter of credit are not violated, then the bank that made payments under the letter of credit is not responsible.

    If a letter of credit issued by the payer in violation of the form is accepted for execution by the bank, the latter is responsible for its proper execution. The bank, accepting an order that does not comply in form with the requirements of banking rules, and executing this order in contradiction with the instructions given to it by the client, commits a violation of its obligations arising from the payer’s order to open a letter of credit.

    The issuing bank is not obliged to check the compliance of the terms of the application for a letter of credit with the agreement between the payer and the recipient of funds. The bank is not obliged to check the compliance of the terms of the application with the agreement, even if a reference to this agreement is included in the letter of credit.

    The invalidity of the agreement for which a letter of credit was opened does not entail the invalidity of the bank's obligations under the letter of credit. The issuing bank is not a party to the purchase and sale agreement. Its obligation to open a letter of credit is independent and does not make the bank a party to the obligations under the purchase and sale agreement.

    When making payments using a letter of credit, the bank is not responsible for verifying the actual execution of the purchase and sale agreement. When making payments using a letter of credit, the bank is obliged to check the documents presented by the recipient of funds, and not the fact of delivery of goods.

    Liability to the payer may be assigned to the executing bank in the cases provided for in paragraph 3 of Article 872 of the Civil Code of the Russian Federation (in the event of incorrect payment by the executing bank of funds under a covered or confirmed letter of credit due to a violation of the terms of the letter of credit).

    The confirming bank may be liable to the recipient of funds on the basis of Article 395 of the Civil Code of the Russian Federation. Confirmation of a letter of credit by the executing bank means the assumption of an independent obligation to pay funds.

    The issuing bank is obliged to reimburse the executing bank for amounts paid in accordance with the terms of the letter of credit, regardless of the possibility of their reimbursement by the payer.

    The executing bank, which has reimbursed the payer for amounts unjustifiably paid from the letter of credit, has the right to demand their return from the recipient of the funds.

    The executing bank is obliged to accept and fulfill payment requests only if there is an agreement on this with the account holder - the payer.

When carrying out transactions with funds from the current account, their movement occurs. Typically, a bank institution issues an account statement to the client for each movement of funds. Their forms are different in different banks, but the mandatory attributes of each are: the client’s account number, the date of the previous statement and its closing balance, which is the opening balance for the subsequent statement. The amount of transfers (either increasing or decreasing the invoice amount) is also recorded here, as well as the balance of funds on this date. A supporting document (payment order, demand-order) is attached to the bank statement for each transfer of funds. After checking the bank statements and reconciling their amounts with the amounts of the supporting documents, a correspondent account is entered on the bank statement.

The Letter of the State Tax Service of the Russian Federation dated January 31, 1997 No. VK-6-11/94 “On the responsibility of banks for non-execution (late execution) of payment orders of clients” considers measures of financial responsibility for entities responsible for paying and transferring taxes to the budget.

Article 11 of the Law of the Russian Federation “On the Fundamentals of the Tax System in the Russian Federation” establishes that the taxpayer is obliged to pay taxes in a timely manner and in full, while the taxpayer’s obligation to pay the tax is terminated by the payment of the tax or the cancellation of the tax.

According to Letter of the State Tax Service of the Russian Federation dated October 20, 1998 No. VP-6-11/749, the constitutional obligation to pay legally established taxes and fees established by Article 57 of the Constitution of the Russian Federation, as noted in the resolution of the Constitutional Court of the Russian Federation dated December 17, 1996 in the case of reviewing constitutionality paragraphs 2 and 3 of part one of Article 11 of the Law of the Russian Federation of June 24, 1993 “On Federal Tax Police Bodies”, has a special, namely public law, and not private law (civil law) character, which is due to the public law the nature of the state and state power: the legislative form of establishing a tax, the mandatory and compulsory nature of its withdrawal, the unilateral nature of tax obligations are associated with the public legal nature of the tax and the state treasury and fiscal sovereignty; As a result, the dispute over failure to fulfill a tax obligation is within the framework of public law, not civil law.

In accordance with Article 2 of the Law of the Russian Federation “On the Fundamentals of the Tax System in the Russian Federation,” a tax, fee, or duty is understood as a mandatory contribution to the budget of the appropriate level. The constitutional obligation to pay legally established taxes and fees can be considered fulfilled at the moment when taxpayers' funds arrive in budget accounts. In addition to the taxpayer, credit institutions and government agencies take part in the process of fulfilling this obligation.

At the same time, the interpretation of Article 57 of the Constitution of the Russian Federation in a systematic connection with other provisions of the Constitution of the Russian Federation does not allow us to conclude that the taxpayer is responsible for the actions of all organizations participating in the multi-stage process of paying and transferring taxes to the budget.

As part of the constitutional obligation to pay taxes, the taxpayer has a public legal obligation to pay legally established taxes and fees, and credit institutions have a public legal obligation to ensure the transfer of appropriate payments to the budget.

Tax relations arising between taxpayers and credit institutions when the latter execute payment orders to write off tax payments are regulated by tax legislation. Relations regarding the transfer of funds received for the payment of taxes to budget accounts are budgetary and are currently regulated, before the entry into force of the Budget Code of the Russian Federation, by the Law of the Russian Federation of April 15, 1993 “On the fundamentals of budgetary rights and rights for the formation and use of extra-budgetary funds of representative and executive bodies of state power of the republics within the Russian Federation, autonomous regions, autonomous districts, territories, regions of the cities of Moscow and St. Petersburg, local governments.” Thus, the current tax and budget legislation distinguishes between the concepts of paying contributions and crediting taxes.

Payment of tax by taxpayers - legal entities under the current tax legislation is carried out primarily by submitting payment orders to the relevant banks for the transfer of taxes to the budget. The Law of the Russian Federation “On the Fundamentals of the Tax System in the Russian Federation” establishes that enterprises are required to submit a payment order to the relevant bank institutions before the due date for the transfer of tax to the budget; fees for servicing legal entities and individuals for such transactions are not charged (parts six and seventh article 15).

Thus, tax legislation establishes the public legal responsibilities of banks in their relations with taxpayers - legal entities. The state, represented by tax and other authorities, exercises control over the manner in which banks perform these public legal functions. If there are grounds provided for by the Federal Law “On Banks and Banking Activities” (as amended on July 8, 1999), banks’ licenses to carry out banking operations may be revoked.

The provision of Article 57 of the Constitution of the Russian Federation means that the constitutional obligation of a taxpayer - a legal entity to pay tax is considered fulfilled on the day funds are written off from the taxpayer’s current account in a credit institution if there is sufficient cash balance in the taxpayer's account.

The Constitutional Court of the Russian Federation, in a ruling dated December 17, 1996, indicated that a tax is a legal seizure of part of property arising from a constitutional public law obligation. The taxpayer does not have the right to dispose at his own discretion of that part of his property that is subject to contribution to the treasury in the form of a certain amount of money.

The constitutional obligation of each taxpayer to pay tax must be considered fulfilled at the moment when the seizure of part of his property intended for payment to the budget as tax actually occurs. Such withdrawal occurs when the bank debits the appropriate funds from the taxpayer’s current account to pay the tax. After debiting from the current account, the taxpayer’s property has already been confiscated, i.e. tax has been paid. Therefore, the provision on payment of tax contained in Article 57 of the Constitution of the Russian Federation must be understood as the actual withdrawal of tax from taxpayers.

The Constitution of the Russian Federation provides for a distinction between property that the taxpayer cannot dispose of at his own discretion, since it is subject to contribution to the budget in the form of a certain amount of money, and property that is privately owned, the guarantees of which are provided for in Article 53 of the Constitution of the Russian Federation.

Repeated collection from a bona fide taxpayer of taxes not received into the budget violates the constitutional guarantees of private property. The collected amounts of money in this case are not arrears, since the constitutional obligation to pay taxes is considered fulfilled at the moment when the seizure of part of the property of a bona fide taxpayer within the framework of public law relations actually occurred. Consequently, the undisputed write-off of these funds by issuing payment orders for collection contradicts the constitutional provision on the inadmissibility of depriving someone of their property except by a court decision (Article 35, Part 3 of the Constitution of the Russian Federation)

Thus, in accordance with the Constitution of the Russian Federation, the obligation of a legal entity to pay tax is terminated by its payment of the tax. The interpretation, which assumes that the moment of fulfillment of the obligation of a taxpayer - a legal entity to pay tax is the moment of receipt of funds into the budget, violates the constitutional right to equality of various taxpayers - legal entities and individuals, derived from Articles 19 (Part 1) and 57 of the Constitution of the Russian Federation.

The Constitutional Court of the Russian Federation ruled:

1. Recognize the provision of paragraph 3 of Article 11 of the Law of the Russian Federation of December 27, 1991 “On the Fundamentals of the Tax System in the Russian Federation” that the obligation of a legal entity to pay tax is terminated by its payment of tax in accordance with the Constitution of the Russian Federation, since it means, with taking into account constitutional norms, payment of tax by a taxpayer - a legal entity from the day the credit institution writes off the payment from the payer's current account, regardless of the time the amounts are credited to the corresponding budgetary or extra-budgetary account.

Recognize the specified provision of paragraph 3 of Article 11 of the Law of the Russian Federation of December 27, 1991 “On the Fundamentals of the Tax System in the Russian Federation”, taking into account the meaning given to it by established law enforcement practice, as providing for the termination of the obligation of a taxpayer - a legal entity to pay tax only from the moment of receipt of the corresponding amounts to the budget and thereby allowing the possibility of repeated collection from the taxpayer of taxes not received into the budget that do not comply with the Constitution of the Russian Federation, its Articles 19 (Part 1) and 35 (Part 3).

If the taxpayer has completed all actions to ensure the receipt of the corresponding amount of tax into the budget, assigned to him by tax legislation (promptly submitted to the bank a properly executed payment order for the transfer of tax payments to the budget if there are funds in the payer’s account), it cannot be applied to him. responsibility provided for in subparagraph “c” of paragraph 1 of Article 13 of this Law, however, the taxpayer’s obligation to pay the tax cannot be considered fulfilled until these funds are received into the budget.

Failure (untimely execution) by the bank of the client’s instructions to transfer funds from the account entails liability established by civil law, and in relation to the taxpayer’s instructions to transfer taxes to the budget, the bank for non-execution (untimely execution) of the relevant payment orders also bears responsibility established by Article 15 of the Law of the Russian Federation “On the basics of the tax system in the Russian Federation.”

Thus, if non-payment (late payment) of tax occurred due to the fault of the bank servicing the taxpayer, in particular due to the lack of funds in the bank’s correspondent account, the taxpayer has the right to make demands on the bank for the application of liability provided for by civil law, however, the taxpayer’s obligation to pay the tax is considered fulfilled upon receipt of appropriate funds in the budget, and in case of failure to fulfill this obligation tax authorities has the right to recover the arrears from another bank account of the taxpayer.

Cases cannot be excluded during bank transactions when the transferred funds are “lost”, that is, they do not reach their destination. Then the enterprise faces the problem of finding them. To successfully resolve this issue with minimal time, it is necessary to know the scheme of settlements between banks, as well as the procedure for action taken in such situations.

When making payments through a correspondent account, the payer's bank makes a request about this to the institution of the Central Bank of Russia in which its correspondent account is opened. After determining the details of payment documents, this information is transmitted through the payer to the recipient of funds, who reports the data to his bank.

Next, an employee of the recipient’s bank checks to see if the money was mistakenly credited to the wrong address. After this check, he makes a request to his Central Bank institution. This is where the lost funds are usually found, credited, as a rule, to the wrong correspondent account, to another bank. It remains for the recipient’s Central Bank institution to correctly transfer the funds (withdraw from one account and credit to another).

But in this case, the money will take too long.

Telegraph transfers significantly speed up bank settlements. To do this, “Telegraph” is indicated on the payment order and an additional certain amount is paid to the bank. If money is not received within three days, you must find out the number of the telegraph code to which the funds were transferred. The missing money should be looked for in the bank that owns this code.

In some regions, for example in Moscow and the Moscow region, the settlement scheme has been simplified due to the creation of a system of direct settlements between banks. That is, each institution of the Central Bank is assigned a code by which payments are made directly (it does not matter whether the payment is made by mail or telegraph).

Introduction

Chapter 1. Cashless payments

1.1. Basics of organizing non-cash payments

1.2. Principles of organizing non-cash payments

1.3. Forms of non-cash payments

Chapter 2. Settlement operations

2.1. Opening and maintaining transactions on settlement and current accounts

2.2. Maintaining accounts by a credit institution

2.3. The order of payments from settlement (current) accounts

2.4. Closing accounts

2.5. Operations on deposits and their reflection in accounting

2.6. Settlements by payment orders

2.7. Factoring payments

Chapter 3. Cash transactions

3.1. Organization of cash register work

3.2. Accounting and document flow for cash transactions

3.3. Evening cash desks and collection of proceeds

3.4. Automation of cash and settlement banking operations.

Conclusion.

Regulatory acts

Bibliography

APPLICATIONS

Analysis and reflection of settlement and cash transactions in the bank balance sheet using the example of the joint-stock commercial bank "Montazhspetsbank"

Introduction

This thesis is devoted to an analysis of the state of payment forms used in the practice of work of commercial banks with enterprises. Payment forms are a working tool of the entire payment system, therefore the analysis of payment forms is inseparable from the legal problems of the general state of the payment system. In view of this, this work will be devoted both to highly specialized issues of the practice of using payment forms, and equally to the disclosure of the functioning mechanism and the history of the evolutionary development of payment forms in the payment system at the present stage. In turn, we will not do without an analysis of the fundamental problems of the payment system as such, which consists of an organized hierarchy of institutions, a set of methods, tools and procedures used to transfer funds between individuals and legal entities when fulfilling payment obligations.

Reform of the payment system in Russia began in 1992. It should be noted that bringing the payment system to a state adequate to the new global political and economic reforms is a complex, multifaceted set of legal, methodological, organizational and technical work.

The current stage of development of the payment system is characterized by the widespread introduction of new forms of payment and the use of new advanced banking technologies that meet international standards and principles. Payment requests have been replaced by payment orders, electronic documents began to supplant previously traditionally used paper documents. In this regard, new forms of information transfer began to be introduced. A number of pilot projects have begun to implement an electronic payment system.

Settlements currently mean the regulation of payments for monetary claims and obligations arising in connection with economic and other relations between legal entities and citizens. Calculations include, on the one hand, the conditions and procedure for making payments, developed by practice and enshrined in unified rules and customs, and on the other hand, the daily practical activities of banks in making them. The activities of commercial banks in the field of settlements with enterprises are regulated by national legislation and determined by established practice.

The choice of payment forms and conditions determines the speed and guarantee of receiving payment, as well as the amount of expenses associated with conducting transactions through financial institutions.

In practice, standard forms and conditions for certain types of settlements have developed that take into account various types of relationships and mutual interests of commercial banks and enterprises.

Chapter 1. Cashless payments

1.1. Basics of organizing non-cash payments

The independence of an enterprise in a market economy requires the strengthening, development and diversity of payment forms for enterprises and commercial banks. Such connections are carried out through monetary settlements, which are a condition that ensures a change in the forms of value in the process of circulation of funds.

In contrast to cash turnover , in which money is transferred from the payer's cash desk to the recipient's cash desk, the essence of non-cash money turnover is that payments are made by transferring money from the payer's account to the recipient's account in banking institutions. Banks store the funds of enterprises in their accounts, credit the amounts received to these accounts, carry out the orders of enterprises to transfer them and withdraw them from the accounts, as well as to carry out other banking operations provided for by banking rules and agreements. Depending on the location of the banks serving settlement participants, they are divided into local and non-resident, which determines the order of their organization.

Non-cash payments are carried out subject to the following conditions:

The payer has the right to refuse to pay for the presented document in whole or in part in cases provided for by law or contract.

Without the consent of the payer or his instructions, debiting funds from accounts is, as a rule, not allowed.

Payments are made from the payer’s own funds, and in some cases - from a bank loan and other borrowed funds.

Funds are credited to the recipient's account only after they have been debited from the payer's account.

Compliance with the document flow rules developed by the Central Bank of the Russian Federation and determining the movement of money and monetary documents.

The total period for non-cash payments should not exceed two business days within a constituent entity of the Russian Federation, five business days within the Russian Federation.

Monetary documents for non-cash payments must meet the requirements of the standards established by the Bank of Russia. Payment documents are accepted by the bank for execution if their first copy contains two signatures of persons authorized to manage the account and a seal imprint, samples of which were previously communicated to the bank.

If payments are made by an entrepreneur without forming a legal entity, the bank accepts payment documents with one signature and in the absence of a seal.

Mutual claims regarding settlements between the payer and the recipient of funds are considered by the parties without the participation of banking institutions through the court.

If there is no or insufficient money in the payer’s account, a problem arises in the order of payments . Until 1989, there was a selective order of payment for documents. It provided that, depending on the nature of business transactions reflected in the documents, all payments were grouped into five queues, and within the queue - according to deadlines. Payments of each subsequent priority group were made after full repayment of payments of the previous groups. This rule also applied to cases where documents of a previous group were presented for payment later than subsequent ones. This did not contribute to strengthening payment discipline and weakened the enterprise’s interest in the timely repayment of all obligations, since the satisfaction of its own needs (payment of wages and payments to the budget) was carried out from the first receipts of money. It was assumed that the electoral priority ensures the interests of workers and the state, since it provides for priority payment of wages and transfer of funds to the budget. However, it was not taken into account that enterprises that supply materials and equipment must also pay wages on time, contribute money to the budget and make other payments.

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“Cash and settlement services for enterprises by commercial banks”

  • Introduction 3
  • Chapter 1. Cashless payments 5
  • 1.1. Basics of organizing non-cash payments 5
  • 1.2. Principles of organizing non-cash payments 9
  • 1.3. Forms of non-cash payments 14
  • Chapter 2. Settlement operations 23
  • 2.1. Opening and maintaining transactions on settlement and current accounts 23
  • 2.2. Maintaining accounts by a credit institution 27
  • 2.3. Sequence of payments from settlement (current) accounts 32
  • 2.4. Closing accounts 33
  • 2.5. Operations on deposits and their reflection in accounting 34
  • 2.6. Settlements by payment orders 36
  • 2.7. Factoring payments 42
  • Chapter 3. Cash transactions 44
  • 3.1. Organization of cash register work 44
  • 3.2. Accounting and document flow for cash transactions 45
  • 3.3. Evening cash registers and collection of proceeds 50
  • 3.4. Automation of cash and settlement banking operations. 54
  • Conclusion. 63
  • Regulatory acts 65
  • References 67
  • APPLICATIONS 70
  • Analysis and reflection of settlement and cash transactions in the bank balance sheet using the example of the joint-stock commercial bank "Montazhspetsbank" 70

Introduction

This thesis is devoted to an analysis of the state of payment forms used in the practice of work of commercial banks with enterprises. Payment forms are a working tool of the entire payment system, therefore the analysis of payment forms is inseparable from the legal problems of the general state of the payment system. In view of this, this work will be devoted both to highly specialized issues of the practice of using payment forms, and equally to the disclosure of the functioning mechanism and the history of the evolutionary development of payment forms in the payment system at the present stage. In turn, we will not do without an analysis of the fundamental problems of the payment system as such, which consists of an organized hierarchy of institutions, a set of methods, tools and procedures used to transfer funds between individuals and legal entities when fulfilling payment obligations.

Reform of the payment system in Russia began in 1992. It should be noted that bringing the payment system to a state adequate to the new global political and economic reforms is a complex, multifaceted set of legal, methodological, organizational and technical work.

The current stage of development of the payment system is characterized by the widespread introduction of new forms of payment and the use of new advanced banking technologies that meet international standards and principles. Payment orders have replaced payment requirements; electronic documents have begun to replace previously traditionally used paper documents. In this regard, new forms of information transfer began to be introduced. A number of pilot projects have begun to implement an electronic payment system.

Settlements currently mean the regulation of payments for monetary claims and obligations arising in connection with economic and other relations between legal entities and citizens. Calculations include, on the one hand, the conditions and procedure for making payments, developed by practice and enshrined in unified rules and customs, and on the other hand, the daily practical activities of banks in making them. The activities of commercial banks in the field of settlements with enterprises are regulated by national legislation and determined by established practice. Tosunyan G. Banking and banking legislation in Russia. Experience. Problems. Perspective. - M.: Publishing house. "Case". 1998., p.71.

The choice of payment forms and conditions determines the speed and guarantee of receiving payment, as well as the amount of expenses associated with conducting transactions through financial institutions.

In practice, standard forms and conditions for certain types of settlements have developed that take into account various types of relationships and mutual interests of commercial banks and enterprises.

Chapter 1. Cashless payments

1.1. Basics of organizing non-cash payments

The independence of an enterprise in a market economy presupposes the strengthening, development and diversity of payment forms for enterprises and commercial banks. Such connections are carried out through monetary payments, which are a condition that ensures a change in the forms of value in the process of circulation of funds. Sabanti B.V. Finance of modern Russia. - St. Petersburg: Publishing house. St. Petersburg University of Economics and Finance, 1997, p. 107.

In contrast to cash turnover , in which money is transferred from the payer's cash desk to the recipient's cash desk, essence non-cash money turnover is that payments are made by transferring money from the payer’s account to the recipient’s account in banking institutions. Banks store the funds of enterprises in their accounts, credit the amounts received to these accounts, carry out the orders of enterprises regarding their transfer and withdrawal from accounts, as well as on carrying out other banking operations provided for by banking rules and agreements. Depending on the location of the banks serving settlement participants, they are divided into local and non-resident, which determines the order of their organization. Shirinskaya E. B. Operations of commercial banks: Russian and foreign experience. - M.: Finance and Statistics, 1997., p. 95.

Non-cash payments are carried out subject to the following conditions:

* The payer has the right to refuse to pay for the presented document in whole or in part in cases provided for by law or contract.

* Without the consent of the payer or his instructions, debiting funds from accounts is, as a rule, not allowed.

* Payments are made from the payer's own funds, and in some cases - from a bank loan and other borrowed funds.

* Funds are credited to the recipient's account only after they have been debited from the payer's account.

* Compliance with document flow rules developed by the Central Bank of the Russian Federation and determining the movement of money and monetary documents.

* The total period for non-cash payments should not exceed two business days within a constituent entity of the Russian Federation, five business days within the Russian Federation. Shirinskaya E. B. Operations of commercial banks: Russian and foreign experience. - M.: Finance and Statistics, 1997. p. 243.

* Monetary documents for non-cash payments must comply with the requirements established by the Bank of Russia. Payment documents are accepted by the bank for execution if their first copy contains two signatures of persons authorized to manage the account and a seal imprint, samples of which were previously provided to the bank.

* If payments are made by an entrepreneur without forming a legal entity, the bank accepts payment documents with one signature and in the absence of a seal.

* Mutual claims regarding settlements between the payer and the recipient of funds are considered by the parties without the participation of banking institutions through the court.

If there is no or insufficient money in the payer’s account, a payment order problem. Until 1989, there was a selective order of payment for documents. It provided that, depending on the nature of business transactions reflected in the documents, all payments were grouped into five queues, and within the queue - according to deadlines. Shirinskaya E. B. Operations of commercial banks: Russian and foreign experience. - M.: Finance and Statistics, 1997., p. 124. Payments of each subsequent priority group were made after full repayment of payments of the previous groups. This rule also applied to cases where documents of a previous group were presented for payment later than subsequent ones. This did not help strengthen payment discipline and weakened the enterprise’s interest in the timely repayment of all obligations, since the satisfaction of its own needs (payment of wages and payments to the budget) was carried out from the first receipts of money. At the same time, it was assumed that the electoral priority ensures the interests of workers and the state, since it provides for priority payment of wages and transfer of funds to the budget. However, it was not taken into account that enterprises that supply materials and equipment must also pay wages on time, contribute money to the budget and make other payments.

In 1990, the electoral priority was replaced by a calendar order, which provided for a strict sequence of payments, regardless of the nature of the payments. This meant that the money received in the bank account could be used to pay wages after satisfying the claims of all suppliers, payment for materials and services, debts to the bank, the payment period of which came earlier than the due date for the payment of wages.

Since mid-1992, the calendar order was abolished and payers were given the right to determine the order of payments from their accounts.

At first glance, the provision of such a right to payers most fully corresponds to market relations, since, unlike electoral or calendar priority, it expands their independence. However, in practice, this may entail violations of the principle of equality of partners: at its own discretion, the payer may give preference to some enterprises to the detriment of others, to which he has long-term accounts payable.

During 1992-1995. The Russian government accepted various solutions regulating the order of payments. In 1995, priority was established for the payment of funds for urgent needs, payments to the budget and to state extra-budgetary funds. All other payments were made in the order of calendar receipt of settlement documents by the bank, i.e. when payments become due.

Payments are made with the consent (acceptance) of the account owner, however, in some cases it is also allowed direct debiting of money from the payer's account. Such write-off is used as a form of settlement between the parties under an agreement and in cases provided for by legislative acts. Tosunyan G. Banking and banking legislation in Russia. Experience. Problems. Perspective. - M.: Publishing house. "Case". 1998., p.19. In particular, the right to direct write-off of funds is granted to the supplier when paying for supplied electrical and thermal energy, water supply services (with the exception of housing and communal services, budgetary organizations and the population), as well as for electricity supplied by nuclear power plants, for postal, tele - graphic and telephone services provided by communications companies. The provision for settlements in the form of direct debiting of funds from the account may be included in the agreement in other cases.

The right to directly debit money from a borrower’s account to repay loans that have expired is widely used by banks when concluding loan agreements. If direct debit is not required by law, then the right to include or not include in the contract a condition for direct debit of funds belongs to the payer. By granting his counterparty the right to write off funds from his account in this manner, the payer exercises his powers to dispose of his own account and the funds stored on it.

Giving the recipient of the money the right to direct debit of funds puts the payer in a rather disadvantageous position. An unscrupulous collector has the opportunity to write off amounts from the account even in the absence of appropriate grounds. In addition, at the stage of execution of the contract, circumstances may arise that normally give the payer the right to refuse to pay the claim (delivery of goods not provided for in the contract, as well as low-quality goods, etc.), but to suspend the write-off of funds for The requirement for direct debit is not possible. Restoration of unreasonably written off money, in the absence of the consent of the recipient, is carried out only by way of a court decision.

If the payer and his counterparty - the creditor - have stipulated in the agreement concluded between them a condition giving the creditor the right to write off without acceptance the amounts due to the latter, the payer must draw up a corresponding agreement with the commercial bank servicing it. Only with such an agreement can the settlement mechanism provided for in the contract or additional agreement be implemented.

In a letter to the bank or in a text bank account agreement it must be indicated which creditor has the right to write off amounts from the debtor in an indisputable manner and for what products (goods, services rendered, work performed, etc.).

In these cases, a commercial bank, when deciding on the creditor’s right to indisputably write off funds from the debtor, must be guided by the specified letter from the payer or an agreement concluded with the bank.

Direct debits also include the right to indisputably collect funds from bank accounts. Chart of accounts for accounting in banks of the Russian Federation. - M.: INFRC, 1998., p. 51. This right is granted to tax and financial authorities for amounts not paid into the budget and the corresponding amounts of fines. These bodies also have the right to indisputably withdraw funds from the accounts of debtors who must pay money to an enterprise that has an overdue debt to the budget.

State authorities of pension provision, health insurance, pricing regulation and others also have the right to forcibly collect money owed to them.

In addition, in accordance with the Regulations on the supply of products for industrial and technical purposes and consumer goods, the cost of poor-quality delivery and the corresponding amount of the fine are collected from the manufacturer in an indisputable manner. This provision provides detailed procedures for carrying out such operations.

Claims against a commercial bank related to the performance of settlement transactions are sent directly to the bank that committed the violation. For untimely (later than the next day after receipt of the relevant document) or incorrect debits of funds from the owner’s account, as well as crediting by the bank of amounts due to the owner, the owner has the right to require the bank to pay a fine in his favor in the amount of 0.5% of the untimely credited (written off) amount for each day of delay. The agreement between the bank and the owner of the current account may provide for a different amount of the fine and the procedure for imposing sanctions for violations committed during settlements. In 1992, banks assessed and collected penalties from their customers' accounts for late payments. Since July 1992, banks have been relieved of the obligation to accrue and collect penalties for delays in settlements. The buyer (payer) pays penalties for delays in settlements in the manner prescribed by the agreement between him and the supplier. Penalties for each day of delay in settlements are 0.5% per day, unless a different amount is specified in the agreement of the parties.

1.2. Principles of organizing non-cash payments

The transition from an administrative-command system of economic management to market relations created the need to create a new payment system based on a two-tier banking system. It required the division and isolation of financial resources of various economic entities, the formation of independent commercial banks, and the introduction of correspondent relations between them and enterprises.

Qualitative changes in the organizational forms of conducting monetary settlements occurred as a result of an increase in the economic activity of all market entities, an expansion in the number and volume of transactions. A huge number of new commercial structures have emerged, which has affected the sharp increase in document flow associated with servicing the payment system as a whole. The restructuring of the payment system required a change in the principles of organizing non-cash payments , use of new forms and methods of making payments.

A clearly organized system of non-cash payments is of great importance in conditions of a serious non-payment crisis, when a huge mutual debt, delay in payments in any one link affects the work large number economic entities, which is reflected in the most important indicators of their production and commercial activities.

Any enterprise makes financial transactions both as a buyer and as a seller. The enterprise also carries out monetary settlements with workers and employees, and settles with the budget and commercial bank. The totality of all cash payments is payment turnover. A significant part of the payment turnover of enterprises is carried out non-cash, i.e. making entries (postings) on bank accounts. Chart of accounts for accounting in banks of the Russian Federation. - M.: INFRC, 1998., p. 48. Cash is used mainly in payment transactions in which the population participates, as well as in settlements for small amounts. Beloglazova G. N. Commercial banks in the conditions of market formation. -- L.: Publishing house LFZI, 1998., p.69.

Non-cash payments have found wide application in the development of the banking system and have a number of advantages over payments using cash.

Uninterrupted settlements are ensured by the following main atnprinciples of organization cashlesshnal calculations.

1. All enterprises and organizations are required to keep their funds in bank accounts. It is allowed to leave only small amounts of cash at the cash registers of enterprises within the established norms.

2. The overwhelming majority of non-cash payments should be carried out through a bank.

3. The requirement for payment must be made either before or after the shipment of goods, so that payment is not delayed. However, in a payment crisis, most suppliers demand prepayment - preliminary receipt of money before releasing the goods.

4. Payments are made from clients' bank accounts only with their consent. This important condition prevents the bank from disposing of funds belonging to economic bodies that have opened accounts in this bank.

5. There are several forms of payment and types of payments that enterprises can choose at their discretion.

Compliance with these principles allows the use of non-cash payments as an important tool for the development of a market economy.

While payments are made non-cash, i.e. money is debited from one account and credited to another bank account; funds are deposited in banks and become credit resources.

Non-cash payments help reduce distribution costs in the form of additional costs for printing, storage, transportation, and recalculation of a huge number of banknotes that would be required for cash payments. At the same time, non-cash payments with the smooth functioning of banks make it possible to better regulate payment turnover and ultimately speed up the turnover of working capital and the making of payments.

It should be noted that money that is the personal property of citizens and stored in the form of savings in bank accounts can also participate in non-cash circulation. Non-cash payments for household expenses can be made from deposit accounts. In these cases, replacing cash with non-cash payments also reduces circulation costs.

The basis of non-cash payments -- interbank settlements. Currently, they are built on the basis of a system of inter-branch turnover and settlements on correspondent accounts (correspondent accounts).

Through the interbranch turnover system (IFO), payments are made mainly to Central Bank institutions that have their own MFO account. By indicating this number on each payment document, the bank establishment facilitates quick settlements. MFOs must be carried out in such a way as to ensure the safety of funds, prevent errors, unauthorized access to the movement of documents, and prevent sending money to the wrong address. Therefore, in the MFO system, each initial operation is duplicated by a response (there are concepts initial MFO And response MFO), and on the balance sheet of banks, special balance sheet accounts are allocated, which reflect initial and response turnover.

A bank institution starting an MFO sends instructions to another institution to credit and debit funds. This order is called advice note There are advice notes credit(money is transferred) and debit(funds are written off). At the bank institution that received the advice note, a reciprocal turnover is made, confirming that the received advice note has been accepted for execution. Banks regularly monitor the coincidence of the initial and return turnovers, which is achieved by comparing them - matching.

With the creation of commercial independent banks, the need arose to supplement interbank settlements with another element - settlements on correspondent accounts(correspondent accounts), opened to each commercial bank in the Central Bank. Locally, the Central Bank is represented by cash settlement centers (RCCs), in which correspondent accounts are opened for commercial banks. In order to receive money from buyers for goods sold, enterprises must indicate both the number of the MFO RCC and the correspondent account number of their bank in payment documents. RCC for a commercial bank is like a commercial bank for an entrepreneur. The money available to the commercial bank is deposited in the correspondent account at the RCC.

The bank can carry out mutual settlements through the RCC with other banks, usually only within the limits of the available balance of available funds. Some banks, lacking such funds, are unable to timely transfer money on behalf of their clients. Until 1994, banks could use for settlements a loan issued by the RCC to cover the debit balance on the correspondent account. If a debit balance occurs frequently, the bank cannot operate normally. Each commercial bank must fit within the limits of its available passive resources, i.e. do not allow a debit balance on the correspondent account.

To ensure this order, the following mode of payment for bank documents from its correspondent accounts has been established. Payments from a commercial bank correspondent account, including transfers of funds to the required reserve fund, are made within the limits of the balance of funds in this account at the beginning of the operating day. If it is technically possible for the RCC to record amounts received in favor of a commercial bank during the current business day, then operations on a commercial bank correspondent account can be carried out taking into account these amounts. The procedure for making payments from a commercial bank correspondent account within the limits of the balance on it applies to correspondent sub-accounts of branches of all commercial banks.

Non-cash payments necessarily involve two (or more) business entities and a bank.

Servicing payment turnover by banks consists of reflecting the corresponding amounts in the asset or liability of these accounts. Every economic and business entity stores its funds in banks. The current economic legislation stipulates that banks accept and store clients’ funds in accounts and carry out settlement, credit, cash and other banking operations on their instructions. Banking in Moscow.--M., Postcryptum., 1999.p.83.

Legal entities and citizens engaged in entrepreneurial activities have the right to open accounts in any bank at the place of their registration or in a bank outside the place of their registration with the consent of the latter. Legal entities are required to keep available funds in the bank. An unreasonable refusal of a bank, whose charter provides for the implementation of relevant banking operations, to accept the client’s funds for storage and open an account can be appealed by the client in court.

Between the bank and the client is agreement on settlement and cash services with the opening of a corresponding bank account. Under the agreement, the bank undertakes to store funds in the client’s account, credit amounts received to this account, carry out the client’s orders to transfer and withdraw money from the account and conduct other banking operations provided for for an account of this type by legislative acts, banking rules and the agreement . Sabanti B.V. Finance of modern Russia. - St. Petersburg: Publishing house. St. Petersburg University of Economics and Finance, 1997, p. 24.

To open an account, an application is submitted to the bank indicating registration, a card certified by a notary with samples of signatures and seals. Records on accounts opened in a bank (or reflection of transactions in the electronic memory of a machine) are a reflection of the monetary turnover of an economic entity.

The bank can use the funds available in the client’s account, guaranteeing their availability when claims are made on the account. The client has the right to dispose of these funds and receive income (interest) on them. The bank does not have the right to determine and control the direction of use of the client’s funds and to establish other restrictions on his rights not provided for by law or agreement. Without the client's order, debiting funds on the account is allowed only by decision of a court or arbitration court, unless otherwise provided by law. Tosunyan G. Banking and banking legislation in Russia. Experience. Problems. Perspective. - M.: Publishing house. "Case". 1998., p.331.

The bank guarantees the secrecy of client accounts. Providing information by the bank on the status of accounts and on transactions on them without the consent of the client is not allowed, except in cases provided for by law.

The bank account agreement is terminated at the request of the client and on other grounds provided for by law. The absence of transactions on the bank account does not entail termination of the agreement.

In banking accounting, the receipt of money into the client’s account is reflected on the credit side of the account, and the balance at each given moment represents credit balance. Expenses from the account are reflected as debit turnover. As a rule, balances on clients' current accounts should be in credit.

The mechanism for organizing non-cash payments should not be carried out so automatically that in any case it replenishes the resources that the economic body lacks. Non-cash turnover and lending by banks should be organized in such a way that non-cash funds that are excessive for circulation are not issued, which can, under certain conditions, become factors in the growth of inflation. This means that credit or accounts payable of all types should not compensate them for those funds that are lost due to losses and mismanagement, violation of the principles of commercial activity. If an enterprise performs poorly and does not have enough funds in its bank account, then it naturally does not have the opportunity to pay its debts on time. In this case, the bank can issue a loan only if a number of conditions are met (under a guarantee, in the absence of long-overdue loans, etc.).

In addition to settlement banks, banks may also open current accounts(usually for branches, representative offices, divisions and other separate divisions of enterprises, as well as branches and representative offices of a cooperative).

1.3. Forms of non-cash payments

Participants in a business transaction have the right to choose any form of non-cash payments, taking into account specific business transactions. Shirinskaya E. B. Operations of commercial banks: Russian and foreign experience. - M.: Finance and Statistics, 1997., p. 58. The entire settlement system is built in such a way as to create favorable conditions for making payments and accelerating the circulation of funds. Delays in payments deprive suppliers of sales revenue and make it difficult to complete production and business tasks. When payments are delayed, buyers experience accounts payable and the most important business principles are violated.

In modern conditions, the following are recommended: forms of non-cash payments: payment orders; checks; letters of credit; payment orders-demands; payment requirements.

Settlements by payment orders. A payment order is a document that represents an order from an enterprise to the commercial bank servicing it to transfer a certain amount from its account. Orders are valid for 10 days, not counting the day of issue.

A commercial bank accepts a payment order from the payer for execution only if there is money in his current account. If there are no funds for payment and the bank does not consider it possible to issue a loan to the company, then the documents are returned. With uniform constant deliveries, settlements between suppliers and regular customers are made in the order of scheduled payments using settlements by payment orders.

When making such payments, the payer submits the order in triplicate to his bank institution. Documents from the payer's bank are sent to the bank institution serving the recipient. In this case, the funds specified in the payment order are debited from the payer’s current account and sent to the recipient’s bank for crediting to his current account. Upon receipt of a payment order, the recipient's bank transfers the received funds to the recipient's current account.

Settlements by payment orders can be urgent, early and deferred. TO urgent payments apply immediately after shipment, i.e. by direct acceptance of goods, as well as partial payments for large transactions. Early And from-due payments possible within contractual relations without prejudice to the financial position of the parties.

Payments by checks. Payment check used in payments for goods and services provided and is paid from funds deposited (specially set aside) in a separate checking account. Checks can also be paid from the check drawer's current account, but not higher than the amount guaranteed by the bank (agreed with the check drawer when issuing the check book). In this case, the bank can guarantee payment in the event of a temporary lack of funds using the allocated loan. The amount of bank guarantees, within the limits of which checks can be paid, is accounted for in a special off-balance sheet account.

To obtain a checkbook, a company must submit an application in one or two copies if payment is guaranteed by the bank. The application is signed by persons who have the right to manage funds from the current account. The application indicates the account number from which checks will be paid. When pre-deposited checks are issued, this amount is reflected in the checking account. In order to ensure payments on checks with deposited funds, along with an application for the issuance of a check, the applicant must submit a payment order to transfer funds from the current account to the check account. Economics and life. Weekly. -- 1998..p.6.

Before issuing a check to the client, the bank is obliged to fill out all the details of the check, so that in the future both the recipient and the bank have all the necessary data to correctly process the cash payment. The completed check is handed over by the payer to the business entity providing the service or transferring the goods. The supplier transfers the received completed checks to his bank to collect money from the payer. Upon receipt of the check, the bank credits the amount of the check to the recipient's bank account. The documents are then sent to the payer's bank to debit the checking account.

When making payments by checks they can be used limited check books, upon issuance of which the bank deposits money in advance in a separate account. On the cover of such a book the limit is indicated, i.e. limit on the amount for which checks can be written. When making payments by checks from limited check books, money should be credited to the recipient only after the funds withdrawn from the drawer's account are received. The client, who was paid with a check from a limited check book, presents it to his commercial bank, and it sends the check by mail to the payer's bank. There, on the basis of this document, money is withdrawn and transferred to the payee's bank. Economic relations in capital construction/Ed. V.I.Bukato, M.H.Lapidus. --L.: Stroyizdat, 1995., p.326.

You should pay attention to invalid checks that are presented when there are no funds in the drawer's account and the bank has not guaranteed their payment in advance. A check is also considered invalid if the amounts guaranteed by the bank are exceeded or if it is issued after the date of sending the notice of refusal to guarantee payments. About banks and banking activities. Collection of normative acts. -- 2nd ed. De Jure Series, vol. 5.-- M.: De Jure, 1997., p.63.

Payments using letters of credit. The obligation of a commercial bank, arising on behalf of the client, to make a payment to the supplier on the basis of the documents provided confirming the fulfillment of the terms of the contract is called letter of credit.

With this form of payment, payment is made not at the bank institution serving the buyer, but at the location of the supplier. To make a payment, the buyer contacts the bank with an application containing a request to set aside funds from his account for payment. Consequently, with a letter of credit, funds for payment for purchased goods are prepared in advance and are usually deposited in a letter of credit account. The bank that opened the letter of credit (issuing bank) on behalf of the payer-buyer transfers the funds to the supplier's bank. Money is credited to the supplier's account only if all conditions stipulated in the letter of credit are met.

The letter of credit is executed directly by the bank servicing the supplier-recipient of the money.

In modern practice, the following types of acc credits are used: covered (deposited), uncovered (guaranteed), revocable and irrevocable.

At covered (deposited) letter of credit the issuing bank transfers the payer's own funds or the loan issued to him at the disposal of the supplying bank (executing bank).

Uncovered (guaranteed) letter of credit may be applied if two banks serving paying clients have correspondent accounts with each other. Then the letter of credit can be opened in the executing bank by granting this bank the right to write off the entire amount of the letter of credit from the issuing bank's account.

Reviewableletter of credit is now rarely used in calculations, since its terms can be changed or it can be canceled by the issuing bank without prior agreement with the supplier. The payer can give all orders to change the terms of a revocable letter of credit to the supplier only through the issuing bank, which notifies the executing bank, and the latter - the supplier. However, the executing bank is obliged to pay for documents corresponding to the terms of the letter of credit, issued by the supplier and accepted by the supplier's bank, before receiving notification of the change or cancellation of the letter of credit.

Irrevocable letter of credit used quite often, it ensures a firm commitment of the bank to make payments under the letter of credit upon fulfillment of all its conditions. An irrevocable letter of credit cannot be amended or canceled without the consent of the supplier in whose favor it is opened. The supplier, however, may prematurely refuse to use the letter of credit if this is provided for in the conditions under which it was provided.

When making payments within the country, a letter of credit is intended only for settlements with one supplier; its validity period is determined in the agreement between the payer and the supplier. The letter of credit agreement usually indicates: the name of the issuing bank; type of letter of credit; method of notifying the supplier about the opening of a letter of credit; a complete list of documents submitted by the supplier to receive funds; deadlines for submitting documents for payment after shipment of goods.

The issuing bank opens uncovered (guaranteed) letters of credit by agreement with the buyer in accordance with the established correspondent relationship with another bank servicing the supplier.

To open a letter of credit, the payer must submit to his bank (issuing bank) an application on a prescribed form containing a list of data that allows him to verify the completeness of the agreement between the supplier and the payer. In the practice of settlement relations the term is used "documentary letter of credit".

To receive money, the supplier provides the bank with documents (account registers, etc.) confirming the fulfillment of all the conditions of the letter of credit application. In cases where the conditions stipulate acceptance, those. prior consent of the authorized buyer, then the presence of an acceptance signature is checked. Registers of invoices without indicating the numbers of transport documents and the type of transport on which the cargo was sent are not accepted for payment.

Registers of accounts payable at the supplier's bank are presented in triplicate, of which one is used as a memorial order when making accounting entries, the other is given to the supplier as a receipt, and the third with the bank's mark is sent to the issuing bank for delivery to the payer.

A letter of credit opened with the supplier's bank is closed upon expiration of the term, which is notified by the issuing bank. If claims arise against the supplier, they are considered by the participants in the settlement transaction without the intervention of the bank.

The advantage of this form of payment is that there is no delay in payment for products and services, the money is prepared in advance, and the recipient of the funds is confident that he can immediately receive the money due to him, even on the day of shipment.

However, there are some peculiarities in settlements with uncovered letters of credit - in the executing bank, payment for products to the supplier is made not at the expense of funds booked in advance, but only if correspondent relations have been established between the executing bank and the issuing bank.

Calculations plAstrict demands and instructions. In this modern form of payment, the supplier demands that the buyer pay, on the basis of settlement documents sent to him, the cost of the products supplied or work performed.

Payment requests-orders are issued on forms in the established form and, together with shipping documents and invoices, are sent to the buyer’s bank. The bank transfers the documents to the payer, who puts his stamp on all copies of the request-order and transfers them to the bank. The bank, having received these essentially accepted documents, debits the funds from the payer’s account. After the operation is completed, the documents are placed for storage in the “documents of the day”. The second copy of the documents is sent to the bank servicing the supplier.

The deadline for the payer to submit claims received from the supplier to the bank is determined by the parties to the agreement. If there is a need to transfer money by telegraph, then a special mark is made on all copies of the request-instruction: “transfer payment by telegraph.” Of course, the payment request-order is executed by the payer’s bank only if it has money in its account. If the payer refuses to pay in whole or in part, the dispute is resolved directly by the parties in the manner and within the time frame specified in the agreement. The agreement may provide for liability for late submission of documents and instructions to the bank for payment. Calculations based on demands-orders are essentially close to calculations that ensure obligatory payment if there is money in the buyer’s account.

Calculations of payment requirements. Payment requirements are widely used in the acceptance form of payments, when payments are not made immediately after the goods are shipped and the shipping documents are issued. Having shipped the goods, the supplier writes out payment requests in the appropriate number of copies and submits them for collection. Payment for goods or services is made at the bank institution servicing the buyer.

The payment request contains all the necessary details that allow you to determine what goods were shipped, what their grade, price, shipment time, etc. The supplier does not send these documents to the payer himself, but instructs his bank institution to collect the payment. Consequently, the supplier submits the drawn up documents to his bank with instructions to collect funds from the payer. This is the order collection. The bank, accepting documents for collection, undertakes the obligation to promptly send them to the bank institution servicing the buyer, collect funds from him there and transfer them to the supplier’s current account.

After verification, the documents submitted for collection are sent to the bank institution servicing the buyer. The buyer's bank credits the incoming money to the supplier's bank account.

The bank institution serving the buyer, having received payment requests sent by the supplier's bank institution, informs the buyer about this, who, having familiarized himself with the documents, gives consent to payment or refuses to accept them.

Acceptance is the element that makes it possible to use non-cash payments as an important tool for monitoring the activities of the supplier. The buyer accepts the invoice only if the supplier fulfills all the terms of the contract, i.e. will supply products of the required quality, in the ordered volume, at a set price, etc. If the supplier violates at least one of the contractual conditions, then the buyer will not give consent to acceptance, therefore, the supplier will not have a sales act. Acceptance of an invoice is not only a legal, but also an economic act that controls the implementation of a business contract by suppliers.

With positive acceptance, written consent to pay for the documents is required (this form of acceptance is almost never used now). Negative acceptance is quite widespread and is used in settlements between business organizations, enterprises and institutions. With this form of acceptance, the buyer, within a specified period, can declare a refusal to accept, and if he does not do this, then the payment document is considered accepted and is obligatory for payment.

With provisional acceptance, payment is made after receiving consent; upon subsequent acceptance, payment is first made, after which the buyer, in case of dishonesty of the supplier, can make a counterclaim for the return of amounts debited from his account. The period for subsequent refusal to accept is three days from the moment the bank receives the payment request. It can be extended if this is provided for in the business agreement. Currently, only preliminary acceptance is used.

A complete refusal to accept is possible if the product does not comply with the terms of the contract; poor quality; non-standard; not ordered; redirected en route to another buyer.

In case of partial refusal, part of the invoice amount is accepted. This is practiced if prices are inflated compared to the contract prices; Along with ordered goods, unordered goods were shipped; arithmetic errors were made, etc.

Having received consent to payment (and in the subsequent form of acceptance immediately after receiving the documents), the bank institution pays for the documents and transfers the funds to the bank where the supplier’s current account is maintained. If settlement documents must be paid from the buyer’s current account, but there was no money there, and if the company does not have the right to a loan, then these documents are placed in a special file cabinet of untimely paid documents (card index 2 ). The supplier is informed about this, and for each day of delay in payment, penalties are collected from the buyer in the claim procedure in the amount stipulated in the contract.

Calculations by payment claims may be used if they are provided for in contracts between suppliers, buyers and their banks, for material assets shipped, work performed, services rendered and for other claims for which invoices have not been paid by payers. An agreement between a business entity and a bank means a bank account agreement, which must be concluded upon opening it. Banks do not have the right to refuse to accept payment requests for execution, even if this form of payment is not provided for in the bank account agreement.

During the waiting period for acceptance, the documents are in card index 1. If payers do not have funds, accepted payment documents are placed in file cabinet 2, and their payment is made as funds are received in the established order.

With uniform, constant supplies of goods and provision of services, you can pay in the order scheduled payments, those. by agreement of the parties. The amount of each planned payment is established by the parties based on the volume of supplies and the frequency of payments. A payment order is submitted for each scheduled payment.

In the practice of monetary settlements, they are used collection orders. Collection is an order to the bank to collect money from the payer. Such orders are usually used for forced collection of funds. The collectors submit a collection order to the bank with reference to the date and number of the writ or equivalent document.

Instructions based on arbitration orders, court decisions or writs of execution issued by notaries are presented with the corresponding original writs of execution or their duplicates. The enforcement documents must contain: the full and exact name of the claimant and the payer; the amount of the amount to be recovered; From which account of the payer the amount is to be written off.

Collection orders with the attachment of enforcement documents, as well as orders to write off funds from the accounts of same-resident payers, are submitted by the collector for collection directly to the bank institution where the payer's account is maintained, and for non-resident payers - to the bank institution servicing the collector.

When collecting under enforcement documents in favor of individual citizens, the bank institution in which the payer’s account is located accepts enforcement documents only through a bailiff attached to the court in whose area of ​​activity it is located. this institution jar.

Sequence of payments. To normalize payment turnover and reduce non-payments, a number of additional measures have been provided since 1994 to normalize payments and strengthen payment discipline in the national economy. A temporary procedure has been established for the use of funds received in the accounts of enterprises and organizations in banks, i.e. a new order of payments from the accounts of bank clients - legal entities - has been introduced. First of all, enterprises have the right to use the balance of money in their accounts for urgent needs in amounts not exceeding 5% of average daily receipts for the previous quarter. The amount for urgent needs may also include payment of wages in the amount of up to five times the minimum monthly wage, taking into account the actual average number of employees within the limits of earnings.

At the request of the client, when money is received into the current account not daily, but periodically, the bank has the right to leave funds for urgent needs for the entire period at once.

In the event of a complete lack of income during any period, the client has the right to use the unreceived funds for urgent needs in the next period. At the same time, at the request of the economic body, unused funds for the past period may be retained for future use. If the application is not received, then the money is sent to pay for documents from card index 2.

As a matter of priority, payments are made to the budget of all levels, as well as to the Pension and other targeted extra-budgetary funds. The remaining payments are made in the order in which the payments are due, i.e. in the calendar order in which payment documents are received by the bank. Money allocated from budgets is transferred to separate budget (current) accounts of legal entities, from which they are spent strictly for their intended purpose.

Chapter 2. Settlement operations

2.1. Opening and maintaining transactions on settlement and current accounts

Settlement and current accounts are opened for legal entities, regardless of their form of ownership, as well as for citizens and individuals engaged in entrepreneurial activities.

To open accounts of all types, the following documents are provided to the credit institution:

application for opening an account;

document on state registration in the executive committee of the Council of People's Deputies at the location of the legal entity (registration certificate);

decision (instruction, resolution, order) on the creation, reorganization or liquidation of a legal entity of the body to which such a right is granted by the current legislation; Tosunyan G. Banking and banking legislation in Russia. Experience. Problems. Perspective. - M.: Publishing house. "Case". 1998., p.125.

copies of the Charter and the constituent agreement or lease agreement, if necessary, documents for the right to use land, notarized, laced and numbered;

certificates from the tax office or pension fund stating that the legal entity is registered with these authorities;

a card with samples of signatures and seals (except for citizens), certified by a notary.

To open accounts, non-residents of the Russian Federation are additionally provided with extracts from the trade or banking register and other documents defining the legal status of the non-resident in accordance with the legislation of the country of his location, and a copy of the permit of the national foreign bank. All documents must be translated into Russian, notarized and legalized at the embassy (consulate) of the Russian Federation abroad or at the embassy (consulate) of a foreign state in the Russian Federation. Current accounts are opened:

branches, representative offices, divisions and other separate divisions of legal entities;

institutions and organizations financed by the state budget, whose managers are not independent administrators of loans, or in the name of these managers; public and religious organizations. When opening current accounts, religious organizations at the bank are presented with: an application for opening an account;

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