A letter requesting a refund sample. Letter for a refund of funds under the contract. Sample refund letter

Situations when it is necessary to return money mistakenly or excessively transferred to the counterparty's account are not uncommon in financial practice. This situation is not pleasant, but it is not hopeless either - it can be resolved by sending a letter of refund to the servicing bank.

In this review, you will find information on how to properly draw up a letter for a refund (we will give a sample for each of the possible situations), recommendations on the peculiarities of forming a letter in relation to each case, as well as clarifications on how to write a claim letter about return of funds (sample with footnotes to the legal framework), which is used in cases where the counterparty, to whose current account the funds were received, is in no hurry to return them.

When you may need to request a refund

The need to apply to a bank or counterparty with a request for the return of the funds transferred by you may arise in a number of cases. For example, in connection with:

excessively transferred amount;

erroneous sending of the payment to the counterparty who received it;

incorrect indication of payment details (inaccuracy in writing the current account, or details of the bank serving the payer's counterparty).

In each of these cases, in order to return the funds transferred, the payer must send a letter to the recipient, indicating the essence of the appeal and confirmation of the reason for the claim.

Refund letter: sample and document form in specific situations

In the nomenclature grid of internal documents, a money return letter is a petition, the essence of which is a request of the payer to return money that was excessively or erroneously transferred to the sender.

There is no standard form of such a letter, approved by law. However, in business financial correspondence, samples are used, the content and form of which have developed taking into account many years of practice. In addition, forms recommended by specific banks, of which the payer is a client, can be used.

How to write a refund letter? The principle of formation of the information contained in the letter and their sequence is identical to the requirements for the formation of business documents:

a letter to the bank on the return of funds is drawn up on the payer's letterhead, if there is none, the standard registration data and bank details of the applicant are indicated at the top of the sheet;

• Full name and position of the head of the counterparty company,

  the name of the organization headed by him;

  document title

  the essence of the application, set out in the following sequence:

  information about the payment made - when, on what basis (for example, an agreement, demand, p / p or other documents) and in what amount the funds were transferred,

  the reasons for the return,

  amount to be returned

  the time frame during which it is necessary to make a refund;

  information in the signatory and the date of formation of the document.

Pay attention! If a letter of claim for the return of funds is sent to the counterparty (as a rule, the claim is sent if the recipient has not responded to the initial appeal), an additional item is included in it - information on the consideration of the claim through the court, the presentation of claims for the calculation of penalties for illegal use of finances, liability in accordance with applicable law.

Letter on the return of the transferred funds: a sample by options and the nuances of formation

The principle of writing the informational part of the refund application has a general concept, but its content differs depending on the reason for the application. Let's consider three options and nuances of writing letters.

First letter: return of erroneously transferred funds

This version of the application is relevant for cases when the payer sent funds to the current account of the counterparty to whom they were not intended. For example, for the return of erroneously transferred funds, a letter, a sample of which we are considering in this part, must be submitted if:

the sender of the payment made an error when automatically selecting the recipient in the electronic form of the payment order;

the payment was sent to the counterparty with whom the cooperation was completed;

the bank has made a transfer of money using erroneous details.

and in other, similar cases.

In the first and second cases given, a claim for a refund is made in the name of the payee. In the third case, the claim is addressed to the bank, which in the given situation actually violated the rules for the bank's payment transactions and is liable in accordance with Art. 866 of the Civil Code of the Russian Federation.

Second letter: return of overly transferred funds

This version of the letter is relevant in cases where the sender of the payment incorrectly indicated, and in particular - unlawfully overestimated the amount of funds transferred, having made a mistake in the calculations or a mechanical error.

Here is an example of how a letter should be written for the return of excessively transferred funds, a sample of which contains an indication of the type of error, and additional documents - a reconciliation statement confirming the overpayment.

Third letter: for a refund from the supplier

A letter on the return of funds for the goods is no longer so much a statement about the return of money, but a full-fledged financial and legal claim, which must be drawn up accordingly.

a footnote to the provisions of the Contract for the supply of goods,

indication of non-receipt or inadequate quality of the goods;

non-fulfillment of obligations by the supplier in terms of compliance with the delivery time.

This type of claim for a refund implies the mandatory presence and provision of supporting documents to the bank - a supply agreement and a reconciliation act.

On amendments to the application for a refund

Although the main document when applying for a refund is the Letter, it is not always recognized as a self-sufficient document.

In a number of cases (when returning funds for goods, excessively transferred money), the bank may and has the right to request additional documents such as:

contract or supply agreement;

Act of reconciliation;

a copy of the invoice;

bank statement on debiting funds from the payer's account;

and so on. settlement and payment documents.

About liability provided by law for non-refund of payment

The protection of the payer's funds, erroneously or excessively transferred to the counterparty, is provided by the state with the provisions of the Civil Code of the Russian Federation.

So, the norms of the law are established for persons who unlawfully withhold and did not return funds within the prescribed period, which is recognized by law as unjust enrichment:

personal responsibility and the obligation of financial compensation (Art. 1102 and Art. 1109 of the Civil Code of the Russian Federation);

the amount of interest that must be paid by the recipient of the payment who unlawfully withholds and did not return the funds within the prescribed period (clause 4 of article 487, and article 395 of the Civil Code of the Russian Federation).

In the activities of organizations, situations often arise when it is necessary to return the money transferred to the counterparty. The reasons may be not only an error in the details of the payment order, but also a violation of the terms of delivery of goods or performance of work, inconsistency in the quality of goods or services, termination of the contract, overpayment revealed by the reconciliation act, etc. To return the money, a claim document is drawn up according to a sample.

General requirements

The document is a statement (request) for the return of the transferred money. There is no unified form, so we draw up a statement in an arbitrary one. Be sure to include the following information:

• details of your organization: the appeal can be drawn up on a letterhead;
• bank details for refunds;
• the name of the head of the counterparty, his position and full name;
• subject of the appeal (subject of the claim): indicate on the basis of which document (agreement, invoice-agreement, universal transfer document) the letter is drawn up;
• subject of the appeal: describe exactly how and as a result of which the money was transferred to the supplier's current account. Indicate on the basis of what you need to return the money, your time requirements, include fines and penalties, if any, in the document - the basis of the obligation. Argument your own position with the rule of law or the terms of the contract, on the basis of which the supplier is obliged to return the funds.

Attach copies of supporting documents: payment order, bank statement of debiting from the account. In the inventory, indicate not only the number, but also the number of pages in each of them. In the attachment to the letter, be sure to add an act of reconciliation of mutual settlements. Certify the appeal with the signatures of: the executive officer, the financial director (chief accountant) and the head of the organization.

The legislative framework

Disputes between a citizen and a business entity are resolved in accordance with the law "On Protection of Consumer Rights". He prescribes the mechanism for the implementation of the buyer's rights. But the conflict between the two organizations often leads to legal battles.

In this case, the reimbursement of the value of the undelivered products directly depends on the availability of the contract and its content. If the conflict cannot be settled peacefully, the court will decide it.

Consumer right

In the absence of the goods already paid for by the buyer, the violation of the consumer's rights is obvious. Refunds to the client for undelivered goods are governed by Art. 23.1 of the Law of the Russian Federation "On Protection of Consumer Rights (hereinafter - ZOZPP).

When the goods are sold on a prepayment basis, the sales contract must also include a clause that clearly and clearly describes the terms of the transfer of the purchase to the buyer.

In paragraph 2 of Art. 23.1 ZOZPP RF says that if the goods are not received within the period specified in the contract, the consumer has the right to demand the return of the amount paid.

When can you claim a return?

An application for a refund is sent at the end of the agreed delivery time for the product. To do this, you need to have a payment document (check, receipt) confirming the completion of your part of the transaction. If there is a written agreement, the delivery time is prescribed in its terms.

You can request a refund for undelivered goods:

• By negotiating with the supplier;
• By submitting a claim;
• By going to court with a statement of claim.

Oral negotiations

A phone call with a demand to return the money will be enough if it is correctly formulated and justified by the norms of the law. The supplier tries not to terminate the contract or lose money. He may propose to extend the agreement or replace the supplied product with a similar one. The customer has the right to agree to the new terms or refuse.

Written claim

When starting oral negotiations with an unscrupulous party, remember that they are not evidence. But a letter of claim with an attached receipt for its shipment or a note of receipt can serve as evidence in court.

Claim

If the issue is not resolved through oral or written negotiations, the bona fide party can only demand payment of the funds spent and penalties through the court.

Terms of reimbursement

The law does not provide for a time frame for reimbursement of losses to the buyer. But the seller cannot wait to answer the claim. When an individual applies, the response time to a complaint is ten days, and in contractual relations between business entities - a month.

The size of the state duty for consideration of the statement of claim

If a financial claim is made, its amount is taken into account. When the proceedings are carried out in accordance with the norms of the law on the protection of consumer rights, there is no need to deposit funds if the cost of the claim does not exceed 1 million rubles. However, in practice, there may be several requirements at once. For each of them, the state duty is paid separately. Its size is fixed in the tax code of the Russian Federation.

Features of drawing up and filling out a letter

In order to compose a letter to a supplier about a refund, a sample of which can be found on our website, you must meet several mandatory requirements. The letter must provide a full and detailed justification for the need to return - these are the clauses of the agreement, as well as links to the current regulations. In addition, a copy of the agreement, bank statement, copy of the payment order or other document confirming the fact of the transfer of funds must be attached to the letter. In the "Attachment" field, you must specify the number of pages of the sent documents.

If the discrepancy in the amounts and the erroneous sending of funds was identified during the reconciliation, it is necessary to attach an act confirming the discrepancies. The letter is signed by the chief accountant, the head of the unit and the director of the organization. It is drawn up in the required number of copies to be sent to each counterparty. Business correspondence is stored for 5 years according to established rules.

Requirements for the design of the letter

The law does not set clear requirements for the form of the letter. Therefore, you should focus on the requirements of the Instruction for office work. For example, these are:

• The claim must be printed on a white A4 sheet. If the letter is submitted by an organization, you can arrange it on a letterhead;
• Two copies of the letter are prepared. The defendant must leave a receipt on your copy. When you send a claim using the recommended letter, you will have a stub of its delivery by the mail staff;
• The average letter size is up to three sheets. If you want to refer to a contract or other documents, it is better to draw up them in an attachment and attach to the letter;
• The title of the document can be “claim” or “statement”. Thus, you will indicate the nature of the letter;
• Indicate in whose name the claim is being submitted (position, surname, initials, organization details);
• The date of the appeal is indicated;
• The document is certified by the personal signature of the applicant.

Sample letter

Director of JSC TechProm

400012 Volgograd st. Irtyshskaya, 28

Vedernikov Igor Leonidovich, born 1972,

40005 Volgograd st. Pechatnaya, 17, apt. 3,

Phone XXXXXXXXXXX

Statement

about refund for undelivered goods

On March 15, 2017, I paid the full cost of the washing machine and its delivery. I have a receipt for payment.

According to the terms of the contract, the Seller had to deliver the purchase within five days - that is, until March 20, 2017. However, the paid item has not been delivered for today.

Based on the above facts, in accordance with Article 22, Article 23.1, Clause 2, Article 23.1, Clause 3, I demand:

1. Pay the amount paid for the goods within ten days -;
2. Pay the penalty imposed by law at the rate of 28,000 * 0.5% = 140 (one hundred and forty) rubles for each day of delay in delivery, starting from 03/20/2017;
3. Notify me of the results of my application being considered by the recommended letter.

In case of refusal to satisfy the listed requirements, I will be forced to file a claim in court.

Applications:

1. Copy of the purchase and sale agreement No. 234 dated 03/15/2017;
2. Copy of receipt No. 387 dated 03/15/2017.

What information should be in the letter

Review a sample vendor refund letter. It must contain the following items:

In the main text, it is necessary to prescribe the amount that the counterparty is obliged to return, and the reasons for this. The details of the agreement or payment order, on the basis of which the money was erroneously transferred to the counterparty, are indicated.

Also, the reasons and terms of the return must be prescribed. If the contract provided for a penalty for the late fulfillment of obligations by the counterparty, the letter can mention the responsibility for failure to comply with the terms of the refund.

Sample letter for the return of an advance from the supplier

Let's consider a situation that can happen in practice (we return the advance).

GBOU DOD SDYUSSHOR ALLURE erroneously transferred an advance payment to OOO Delivery of goods in the amount of 30,000 rubles. The organizations signed a contract for the purchase of sports balls for 100,000 rubles. There are no advance payments under the agreement. We compose a letter.

Sample letter for refund of overpayment to the supplier

Example: we return an overpayment that occurred due to a technical error. In the payment order No. 117 dated July 16, 2017. GBOU DOD SDYUSSHOR "ALLURE" the recipient is incorrectly specified: instead of LLC "Delivery of sport goods", LLC "Delivery of goods" is indicated. The payment amount is 30,000 rubles. We make a request for a return.

Sample letter on the return of overly transferred funds

Drawing up a letter for a refund has its own characteristics: without a letter in which a request for a refund is expressed, this operation is impossible.

It is important for the recipient of the money to confirm that there is a reason for the refund; the appeal is drawn up in writing, certified by the payer or his authorized representative.

Due to an erroneous payment

Another common reason for initiating a refund procedure is mistakes made in the preparation of paper and electronic documents. They can be very diverse: technical errors, incorrect indication of any details, amounts to be paid, etc.

It should be noted that the most common inaccuracy made by the originators of payments and other documents is the incorrect indication of the recipient's details. In this case, the institution of the bank becomes a third party in the restoration of the financial status quo. The reason is that the payment in this case will not go to the beneficiary's account. Until all the circumstances are clarified, it will be accounted for by the bank under the category "unclear payment".

Errors

Among the possible errors encountered when drawing up a notice of overpaid amounts of money, it is worth highlighting:

• incorrect filling of bank details for a return;
• the absence of the official seal of the organization (if the letter was not drawn up on letterhead and signed not by the head, but by another official);
• unreasonableness of the claim (lack of data on the payment and the amount of overpayment).

In the presence of such errors, refusal of refunds will be lawful.

Document storage

All official correspondence is kept for at least 5 years, and return letters are no exception.

If the business is active and the correspondence is voluminous, you can use the log of incoming and outgoing letters, approving its form in the accounting policy and including in the official duties of the responsible person the obligation to keep a log of correspondence.

Reflection of transactions in accounting

Consider the procedure for reflecting transactions on accounting accounts by all participants in the transaction:

When the money is returned, reverse accounting entries are made.

Nuances of accounting with simplified taxation system

It is not uncommon for a supplier to have a disagreement with the tax authorities about the taxation of surplus receipts. The fact is that the tax base is formed upon payment, that is, income arises at the time the money is received.

In the event of an erroneous or excessive transfer of funds, the amounts received are not taken into account when forming taxable income (clause 1 of article 346.15 of the Tax Code of the Russian Federation). Until the circumstances are clarified, these funds do not fall under the definition of income from sales or non-operating income (Articles 249, 250 of the Tax Code of the Russian Federation).

The foregoing does not apply to advances returned as a result of termination or amendment of the terms of the contract. At the time of receipt of the prepayment, the taxpayer has an obligation to increase income. Upon the return of advances received from buyers for the amount to be returned, the income of the period in which the funds were returned will decrease (clause 1 of article 346.17 of the Tax Code of the Russian Federation).

Responsibility and storage time

Return letters, like other business correspondence, must be kept for at least 5 years.

For complaint correspondence, you can create a separate registration journal, approve its form and procedure in the accounting policy. Familiarize the responsible official with this procedure by signature.

Write down the responsibility for maintaining and storing these documents in the job descriptions.

How to properly draw up an act of refund

Refunds are made within 14 calendar days from the date of sale. Such a document is drawn up by a cashier (seller, consultant). The following documents are attached to it: cash or sales receipt, if for some reason the cash receipt was not issued; application for the return of goods and receipt of money, which is drawn up on the company's letterhead in the form No. KM-3, approved by the State Statistics Committee of the Russian Federation, Resolution No. 132 dated 25.12.1998.

In the absence / loss of a cashier's check, the buyer writes a statement indicating the passport data. Further, all documents are sent to a special commission and to the accounting department.

How to write a letter on the return of funds according to the reconciliation act

The need to carry out a refund operation arises in the event of an erroneous payment / transfer. Under these circumstances, strict adherence to the rules is required on the part of the buyer-payer and the receiving organization. The first step in resolving the situation should be the execution of a letter of inquiry.

Registration of such a letter may be necessary for both an individual and a legal company in the event of disputed payments. The form of the letter is standard, only the circumstances or conditions of the transaction are adjusted. It is necessary to prepare documents that confirm the crediting of the corresponding amount to the account. For legal organizations, such a document is the opponents' account of the specified amount, for a private person - a receipt (check) of payment for goods or services.

The next step is to fill out the company letterhead intended for third-party correspondence, which contains full details. If this is not the case, then it is enough to put a corner seal or fill in the details manually, placing them in the upper right corner of the sheet after the addressee.

This kind of letter is drawn up in the name of the first head of the organization and begins with an appeal to the “Director” (chief, manager, head, president, etc.). The following is the full name of the organization and the full name of the official. In this case, a private person must indicate his own name, place of residence, telephone for communication or e-mail.

Subsequent substantive part of the letter should begin with a direct appeal, for example, "We ask you to return." Further, the details of the issue are reported, indicating the exact amount to be returned. You should indicate the contract under which the payment was made (number and date of the contract). You also need to provide documents confirming the payment - a receipt, payment order, etc.

The letter must be accompanied by an act of reconciliation, which is usually placed in the "Appendix" section. Be sure to sign and date the letter. In the case of a letter of inquiry from a law firm, the signature of the director and the chief accountant must be provided, and the letter must be stamped.

Application for a refund of funds under the reconciliation act - sample

This kind of application is drawn up according to the model, on the letterhead of the organization, addressed to the leading official, indicating the full name and position held, for example, General Director, manager, etc.

• In the text of the application, you should indicate the current situation: an erroneous calculation, a low-quality product, as well as the exact amount in figures and words. You also need to indicate the date and number of the receipt by which the payment for the goods was made.
• Further in the text of the application, the details to which the amount must be transferred are indicated: full name of the recipient, taxpayer identification number (TIN), code of reason for staging (KPP), current account, recipient's bank, bank identification code (BIC), correspondent account (Cor / account) ...
• The reconciliation act is indicated in the appendix to the application. At the end of the document, the applicant's signature and date of completion are put.

If the application is submitted from a legal organization, then at the end of the document the full name is indicated and the signature of the head and chief accountant, as well as the seal of the organization, are put.

The procedure for drawing up an act on the return of cash to the buyer

Refunds are made both on the day of the sale of the goods, and on subsequent ones. In the case of drawing up an act on the day of sale - the document is submitted before the close of the shift and the removal of the Z-report. This kind of documentation is drawn up in accordance with the Standard Rules approved by the Ministry of Finance of the Russian Federation (30.08.93, N 104) and the resolution of the State Statistics Committee of the Russian Federation (25.12.98, N 132). The act on the return of cash (form No. KM-3) is drawn up in one copy by the members of the special commission. Checks of payment are attached to it and are handed over to the accounting department.

Cases of issuing an act on the return of cash in the following days are legally determined by the letter of the Central Bank of the Russian Federation dated 04.10.93 N 18 "On approval of the procedure for conducting cash transactions in the Russian Federation". In this case, the money is returned from the main cash desk of the organization on the basis of a written application from the buyer indicating the full name and presentation of an identity document.

Features of filling out an act on the return of funds

When drawing up an act, the following data are indicated: name of the organization (division, department, etc.); information about the cash register (model, registration number and manufacturer); Full name of the cashier who issued the refund; the numbers and amounts on the checks for which the refund was made; Name of the official who made a positive decision on the reimbursement of funds.

As an attachment to the act, it is necessary to submit an erroneously issued initial check, signed by the head of the organization and a redemption stamp.

In case of an error on the part of the cashier, i.e. incorrectly punched amount on the check, the cashier is obliged to write an explanatory note. Such a note is drawn up by the cashier addressed to the head of the organization, which sets out the reason for the wrong actions that led to an error in the cash register receipt. The reason may be carelessness when working at the cash register, overwork or poor health, malfunction or breakdown of the cash register, etc. This explanatory note is attached to the act.

What are the reasons for the return of funds to the current account of the Russian Federation

You should write a statement of claim to the court at the place of registration of the applicant. A whole set of documents is attached to the application, both originals and copies.

The main thing is that there should be payment orders confirming the error, and a letter with a request for a refund. The Civil Code in Article 1102 suggests the wording of how to issue a return of erroneously transferred funds through a claim.

The claim should refer to “unjust enrichment” at the expense of another person. The reason for the error will not be decisive for the judges.

Recipient's responsibility for non-return of funds The recipient of the payment must remember: if the return of the erroneously transferred funds is made with a delay, then you will have to pay interest for the use of outside money.

The term of such use will begin to count from the moment when the recipient learned about the erroneous nature of the payment. If the exact moment cannot be determined, the judges will take into account the time when the counterparty should have learned about such a transaction. A more difficult case occurs when the money does not want to be returned at all.

The withdrawal process can then take on a very protracted nature. True, however, the victim is still on the side of the victim, and the recipient can get serious trouble in the form of well-founded claims for lost profits. If fraud is proven, this is the case for law enforcement agencies. What conclusions can be drawn from the mistakes made? The return of erroneously transferred funds, as can be seen from the above material, is associated with many problems and measures to solve them.

And, if necessary, new details of the card or account where the funds should be transferred.

• Optionally, in the attachments, you can indicate and provide a receipt of payment or any other papers confirming the fact of an erroneous transfer of funds.
• At the end, the date and signature of the applicant are put.

When making transactions for the transfer of funds, according to the law, the money already sent is the property of the person to whom they were transferred, and not the sender himself.

Therefore, it is possible to return the hard-earned funds only by taking into account the federal law 02.12.1990 No. 395-1-FZ, solely on the basis of a court decision on this issue.

The procedure for returning funds to the buyer by bank transfer

The deduction is carried out in a standard manner.

Refund of funds to the buyer in cash who paid to the current account

• cashless payments;
• correspondent accounts;
• credit institutions;
• electronic documents in paper form;
• electronic payment documents;
• payment order;
• personal account;
• unpaid settlement document.

The term non-cash payment means the procedure for paying for goods or any service using an electronic payment method. It can be a bank card or something similar, similar.

It is worth familiarizing yourself in advance with all the possible nuances of the KKM Control - cash register machine.

In this case, a special terminal for accepting cards is meant. It has a fiscal memory. Correspondent account This is an account that is opened in a credit institution to carry out various monetary transactions.

Settlements with the consumer in case of purchasing goods of inadequate quality ”of the Law on the Protection of Consumer Rights;

• the consequences of violating the terms of the agreement on the quantity of goods. In this situation, the procedure for the return of funds is governed by Art. 466 of the Civil Code of the Russian Federation "Consequences of violation of the condition on the quantity of goods";
• the consequences of the seller's violation of the deadline for transferring the prepaid goods to the consumer. The situation is governed by Art. 487 of the Civil Code of the Russian Federation "Advance payment for goods" and Art. 23.1 of the Law on the Protection of Consumer Rights.

The following are typical accounting entries for cash-back transactions under sales and purchase agreements:

• Refunds to buyers and customers. The transaction reflects the withdrawal of money from the settlement account of the organization;
• Refunds from suppliers.

Every day, more and more institutions are transitioning to a non-cash settlement with their clients. The situation is similar with individual entrepreneurs.

Banks provide special terminals for non-cash payments for free.

At the same time, if you need to return money for various reasons (defective goods, other), there may be difficulties.

• Basic moments
• Sample refund to the buyer by bank transfer
• Questions that arise

The return process has its own characteristics. The algorithm for transferring funds to a private or legal entity is established at the legislative level. Certain special documents are required.

At the moment, such reasons are the following: The product, for some reason, turned out to be of inadequate quality At the same time, before the purchase, the client was not properly notified of this fact The purchased product for some reason did not suit the buyer By color, style, color or other reason In the first case, the buyer may have difficulties when returning the product itself. Sometimes it is required to conduct an examination at your own expense to prove the presence of a defect that arose before purchase. If the presence of a defect is proven, the seller will be obliged to transfer the required amount of funds also for the examination itself. In accordance with current legal regulations, the buyer has the right to return the goods within 14 days and get their money back. The day of purchase is not taken into account when counting this period of time.

Violation of the rules for refunding funds for cashless payments, as well as other procedures will lead to significant problems in the event of a violation. It is possible to impose quite significant fines both on the organization and on officials. The process of returning funds for cashless payments has its own characteristics.

You should familiarize yourself with them in advance. All legal rules must be followed. The main issues to consider in advance include the following:

• the reasons for the situation;
• documenting;
• deadlines set by law;
• reflection by wiring.

Reasons for the Situation Today in a special document "rules of trade" there is a list of situations when the buyer can be returned the funds paid by him by bank transfer.

Terms of refund of funds According to the legislation of the Russian Federation, there are no exact terms for the return of money. It directly depends on the bank itself and the final direction of the transfer of funds:

• When the funds were transferred by mistake, but the payment did not manage to go through, the amount of money is returned no later than 5 days (excluding weekends). The refund period, however, may vary depending on the bank making the payments.
• If the money has already been transferred to an individual or legal entity and it can be returned only through a court, then the money must be returned within 7 days from the moment the person receives the letter about the erroneous payment.

Important issues to consider in advance include the following:

• if to a retail buyer;
• how to deal with VAT;
• is it possible not on the day of purchase.

If a retail buyer In the event of a refund to a retail buyer who made a payment with a bank card, it will be necessary to transfer funds to the payment card.

This rule is established by legislative act. In this case, the seller himself forms a special payment order for the bank. The latter, in turn, fulfills it on time.

How to deal with VAT If the goods sold falls into the category with which the value added tax is paid, then when refunding the money, the seller can simply deduct the tax itself.

It will only be necessary to properly reflect the moment the money is returned to the buyer, and then enter the data in the declaration.

Additional questions

How is the return going

Refunds are not that difficult, especially for the buyer. If you submitted a letter demanding a refund, then the money must be transferred to you within 10 days from the date of approval. At the same time, these 10 days are strictly fixed by law, and violation of these terms, according to the law "On the protection of consumer rights", is punishable by a fine in the form of a fine. The amount of the penalty for each subsequent day of delay in the refund may vary - from 1 to 3% of the total refund and without restrictions if the fine is charged under the agreement.

Refunds are always made in the same way that the seller received the money. Thus, if the payment was made in cash, then the money will be returned to the person who paid it, and if it was transferred by bank transfer, it will be returned to the account or card of the sending bank. At the same time, there are two exceptions to this rule: if the refund is compulsory, or if the trade was conducted through counterparties and the contract itself provides for other refund conditions.

Separately, it is worth noting the transfer of funds through the bank. If the refund goes to an account or card, then certain delays may occur, which can increase the maximum refund period - if the seller has 10 days to return, then the bank has 30 of them. That is, when transferring through a bank, the refund period can be increased to 40 days.

What to do if the money is not returned

In the event that the money was not returned to you, you have the opportunity to ask for protection in state services - Rospotrebnadzor and the court. Sometimes you can contact the prosecutor's office, but only if you have very good reason to believe that you have become a victim of scammers.

A complaint to Rospotrebnadzor is the first claim that should be filed if the letter of refund has not brought any result. This is due to the fact that Rospotrebnadzor is responsible for protecting consumer rights, and an unfair or unjustified refusal to return these same rights violates. At your request, Rospotrebnadzor will organize an audit of the activities of the supplier of goods and services, and will make a decision no later than 30 days later.

You can go to court. Working with the court is much more difficult, but often it becomes the last service with which you can get your money back. To start the meetings, you will need to draw up and submit a statement of claim, which will be examined up to 5 days. After that, you will need to appear at the scheduled meeting and prove that you have every reason to get your money back, and that the refusal given to you is illegal. If all goes well, the court will issue an order that will allow you to receive your money.

What is due to the payer if the recipient of the excessively transferred funds does not return the money

If the recipient of the erroneous payment evades its return, he will have to pay interest (Article 395 of the Civil Code of the Russian Federation). Interest for the use of excessively transferred money is charged until the full repayment of the debt.

You can estimate the amount of interest using our Calculator.

By the way, such interest will need to be included in non-operating income in both accounting and tax accounting.

It should be noted that interest does not need to be accrued if the agreement between the counterparties provides for a penalty for non-fulfillment / improper fulfillment of a monetary obligation (clause 4 of article 395 of the Civil Code of the Russian Federation).

Conclusion

Thus, in order to get a refund for an item, a written claim must be made. The document is drawn up in writing in two copies. One is transferred to the seller, the other remains with the applicant. Sample refund claims will help you complete your claim correctly.

The seller must respond within ten days from the receipt of the document. If the claim is ignored, you should contact Rospotrebnadzor or a society that protects the consumer's rights of the population. An extreme measure is going to court.

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It is possible that the money was transferred to the counterparty by mistake and must be returned. Either the payer wants to withdraw the money transferred earlier in connection with a violation of the contractual conditions or termination of the contract. In this case, the preparation of a claim for a refund is usually required. We will tell you how to make a claim for a refund in our consultation.

Claim or lawsuit?

Civil disputes on the recovery of funds for claims arising from contracts as a result of unjust enrichment should initially be resolved out of court by sending a claim or demand. And only if they are not fulfilled after 30 calendar days from the date of sending the claim (demand), you can apply to the arbitration court. This rule is valid unless a different term or procedure is established by law or agreement (part 5 of article 4 of the APC RF).

In addition, the pre-trial dispute settlement procedure should also be applied on the basis of the law, in particular, to the following disputes:

• disputes arising from cargo transportation (part 1 of article 797 of the Civil Code of the Russian Federation);
• disputes arising from air transportation of cargo, mail (part 3 of article 124 of the Air Code of the Russian Federation);
• disputes arising from the railway transportation of goods (Article 120 of the Federal Law of 10.01.2003 No. 18-FZ);
• disputes arising from the contract of freight forwarding (claims to the forwarder) (part 1 of article 12 of the Federal Law of June 30, 2003 No. 87-FZ);
• disputes arising from an agreement on the provision of communication services (part 4 of article 55 of the Federal Law of 07.07.2003 No. 126-FZ);
• disputes on violation of exclusive rights (part 5.1 of article 1252 of the Civil Code of the Russian Federation).

How do I write a claim for a refund?

If the contract between the counterparties does not provide for a specific form of claim form for a refund, such a claim is made in any form. It must indicate the circumstances under which the funds were transferred, as well as the reasons why the payer claims them back. The claim may be accompanied by documents confirming the fact of the transfer of funds and substantiating the occurrence of the claim.

For example, the seller, in violation of the sales contract, transferred a smaller amount of the goods to the buyer. Unless otherwise provided by the contract, the buyer has the right to refuse the transferred goods and demand a refund of the amount paid (clause 1 of article 466 of the Civil Code of the Russian Federation). In support of his claims, the buyer may attach a copy to the claim.

Considering that the time frame for going to court depends on the period of pre-trial settlement, the date of filing the claim must be fixed (clause 2, part 1, article 148 of the Arbitration Procedure Code of the Russian Federation). When submitting a claim in person, it is necessary to provide in it a place for the signature of the authorized person of the debtor. If sent by mail with a list of attachments, the date will be indicated in the return receipt.

Responsibility for non-return of funds

If the debtor refuses to return the money, he will be obliged to pay interest on the amount owed. Interest is calculated based on the CBR key rate that was in effect in the respective periods. At the same time, the contract between the parties may provide for a different amount of interest (

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Sample letter

Money transferred by mistake can be returned. The main thing is to report an erroneous transfer to the bank as soon as possible. If you wrote an application as soon as possible, then the banking organization will still be able to cancel the transaction, return the money to your account and send it again using the corrected details.

For a refund, an application is drawn up, in which you need to indicate:

• in the header: full name of the bank's general director, as well as the name of the organization in accordance with the constituent documents. Also enter: from whom the application is submitted (full name, passport data, residential address, contact phone number);
• in the main part: the essence of the application, the reasons for the return (we draw the bank's attention to the error of the payment);
• we ask the bank to cancel the operation and return the money back to the account (we indicate its details for identification);
• then we ask you to transfer funds again, but to new, corrected details;
• if you wish, attach to the application a receipt confirming the operation with an error or other evidence. But this is not at all necessary, since the bank can independently identify the payment from the database;
• at the end we put the date of the application and the signature with the decryption.

ATTENTION! Look at the completed sample letter on the return of erroneously transferred funds:

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issue.

Basis for drawing up

Refund of erroneously translated is carried out in the event of such circumstances as:

• a technical error. For example, when conducting a transaction, an amount greater than the declared one was debited from the account;
• due to someone's mistake, your account has been credited with excess funds that do not belong to its owner.

Reference! Despite the fact that the application form is not fixed at the legislative level, when drafting it, you should still adhere to a number of rules that have been developed by the long-term practice of banking organizations.

How to return erroneously transferred funds

First, you need to draw up in writing and submit a demand for the return of erroneously credited funds to the owner of the account from where the money was transferred. Then write an application to the organization that carried out actions to transfer funds from one account to another.

This could be:

• commercial banking organization;
• organization for servicing ATMs, terminals, etc .;
• a company that provides Internet transfers;
• other organizations conducting monetary transactions.

A claim for the return of erroneously transferred money can be presented to the final recipient. It does not matter who the recipient is: an individual or a legal entity. The main thing here is that such a person is the owner of the account where the payment was received.

How do I know to whom to write a claim for a refund? It's simple, you just need to find out who made the mistake: the sender or the organization making the payment.

Watch the video. What to do if money was mistakenly credited to the current account:

A complaint can be made in several ways:

• personally;
• via courier;
• by mail of the Russian Federation.

Important! If you send an application for the return of an erroneous payment to a bank or a person with whom an agreement was previously concluded on the implementation of a certain transaction, then all payments must be reconciled in order to identify an erroneous transfer.

Reply to a refund letter

If you have already written and submitted an application for the return of an erroneous payment, then know that the recipient of such a claim must write you a response within the time frame established by law. Such a response contains either a positive decision to return the money, or a reasoned refusal.

The answer is drawn up on the official letterhead of the organization and sent to the address indicated by the sender of the claim. If you disagree with the decision, you can appeal it to a higher authority.

For example, the decision of a particular bank branch can be appealed against in the regional or central branch of such a banking organization.

You can also appeal the decision in court by sending a statement of claim, where the person (company) who refused to return the money will act as the defendant.