Withholding on the writ of execution of the payment. Sample payment order by order of bailiffs. What is win and how to correctly fill it in the payment
Back to the Execution List 2018A single form of payment is approved by the Regulation of the Central Bank of the Russian Federation No. 383-P "On the rules for making a transfer Money". At the same time, there is an order of the Ministry of Finance No. 107n, which establishes the rules for filling out orders for the payment of funds in budget system. We will use the norms of these two documents. At the end of the article there is a payment order, you can download the form (word). You can print it (a sample in word format is available at the bottom of the page) and enter the necessary data yourself. You can prepare a payment order online, for example, using a special service of the Federal Tax Service or accounting programs. Whatever method the payer uses, the filling rules will not change. The only thing is that the programs fill in some of the details automatically, which greatly speeds up the process.
Payment order to bailiffs - sample 2017-2018
TR "- in case of debt repayment at the request of the Federal Tax Service or the FSS; "AP" - if the payer repays the debt under the act of verification without receiving a demand; "BF" - the payment is made by an individual - a client of the bank from his account; "RS" - the installment debt is repaid; "OT" - the payment is drawn up for the repayment of deferred debt; "RT" - the amount is directed to repay the restructured debt; "PB" - the debtor repays the debt during bankruptcy proceedings; "PR" - the amount is sent to pay off the debt suspended for collection; "AR" - the payer pays according to the executive document; "IN" - the person pays for the investment tax credit; "TL" - the founder (participant) or owner of the debtor's property, another third party repays the debt in the course of bankruptcy proceedings; "ZT" - the payment is directed to pay off the current debt in the bankruptcy case.
Payment order to bailiffs: sample
Civil Code of the Russian Federation Procedure for closing a letter of credit Art. No. 874 of the Civil Code of the Russian Federation General provisions on settlements Art. No. 875 of the Civil Code of the Russian Federation How the process of execution of a cash order is carried out Art. No. 876 of the Civil Code of the Russian Federation general provisions on payments made by checks Art. No. 878 of the Civil Code of the Russian Federation What details should be indicated on the check of Art. No. 879 of the Civil Code of the Russian Federation The process of payment by check Art. No. 880 of the Civil Code of the Russian Federation How is the transfer of rights to an ordinary check Art. how it is carried out art. No. 882 What is check collection, the main features of this procedure art. No. 883 What does a certificate of refusal to pay a check look like art. before proceeding with the preparation of the type of document in question, it is worth carefully studying the legislative acts indicated above.
How is the payment to bailiffs formed in 2018
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Payment order to bailiffs sample 2017
Info
Based on Article 855 of the Civil Code of the Russian Federation, the payer indicates the appropriate value: 1 - when paying compensation for harm, alimony; 2 - when paying severance pay to employees and remuneration to authors; 3 - when transferring funds for salaries, taxes, fees and insurance premiums; 4 - while satisfying others monetary claims according to executive documents; 5 - in case of other payments, including payment for goods or services, in the performance of obligations on the basis of instructions tax authorities(see Letter of the Federal Tax Service of Russia No. GD-4-8/12408). Field 22 in payment order 2018 is used to indicate unique identifier payment (UIP). This is a code of 20–25 digits, which is generated by the recipient of funds, taking into account the rules provided for in Appendix 12 to Bank of Russia Regulation No. 383-P.
UIP is transferred to the payer upon signing the contract. If it is not specified or specified incorrectly, the bank may reject the payment.
Online journal for an accountant
The main issues to be explored in advance are the following:
- what it is?
- the purpose of the document;
- normative base.
What it is? Today, a payment order to bailiffs means a special document that contains detailed information on the purpose of the payment of the type in question. However, there are several different formats for such documentation. All papers of this type can be divided into the following categories: To withhold regular tax debts - To withhold all kinds of non-tax payments Loans, alimony, and others
That is why in this case you can use the format of a standard payment order.
Payment order for the payment of alimony (sample)
All the nuances are reflected in the Regulation of the Bank of Russia No. 383-P dated 19.06.12. An important factor is the purpose of the payment. If transfers of the corresponding type will be made in the Ministry of Finance, then its instructions should also be taken into account. fundamental normative document is the order of the Ministry of Finance No. 107n dated 11/12/13
The most significant nuance that should be remembered in the first place is that it is not allowed to skip individual fields. All of them must be filled out. Otherwise, the bank simply will not accept such a document for making a payment on it. If there is a field that is unnecessary for some reason or there is no data to fill it in, the number 0 is simply entered.
Sample payment order for a writ of execution 2017
Fields 101, 104-109 must be filled in only in case of payment of taxes, fees, other obligatory payments to the budget system. To generate a payment order to the tax office, in field 101 you must specify the status of the payer. The data presented in the form of a table (Appendix No. 5 to the Order of the Ministry of Finance No. 107n) can be downloaded below.
Persons performing the duties of paying taxes and fees for other payers must indicate in detail 101 the code provided for their category. The details of fields 102 and 103 indicate the checkpoint of the payer (IP put "0") and the recipient (IFTS code where the payment is sent). Up-to-date information is available on the website of the department in the section "Address and payment details of your inspection".
If errors are made in the 9-digit codes, the payment will go to the list of outstanding, and the bank will refuse to accept it. This is stated in the Order of the Ministry of Finance of Russia No. 125n.
Sample payment order for a writ of execution 2018
It should be remembered that in the case of the formation of such a document for bailiffs, there is no need to indicate the CSC. Field #104, which is used to indicate this information, must be left blank. Nuances for LLC The format of the type of payment order under consideration is completely standard.
That is why any difficulties usually do not arise upon preliminary acquaintance with legislative acts. At the same time, the features, depending on the organizational or legal form are also missing. Example of filling If possible, it is advisable to familiarize yourself with an example of drawing up such an order in advance.
All such documents are standard. The only exception is the need for deductions from wages worker. In this case, the rules that are regulated for the corresponding deductions to the budget are used.
Sample payment order for a writ of execution 2016
",0" is set.
- Name of the payer field 8. The short name of the organization that transfers the withheld amounts to the budget, i.e. yours, is given.
- Payer status field 101. For these payments, Appendix 5 to the order of the Ministry of Finance of Russia dated November 12, 2013 107n provides for the status ",19".
- Field code 22. If there is a unique accrual identifier, it is given in 20 or 25 characters. If there is no UIN, ",0" is put.
- BCC field 104. 0 is set here, since BCC is not provided for such transfers.
- OKTMO is brought to the location of the bailiff service.
- Document number field 108. For the status of the payer with code 19 in field 108, you must specify the identifier of information about the individual. Such an identifier can be SNILS, series and number of a passport or driver's license, series and number of a vehicle registration certificate, etc.
An example of a payment order for a writ of execution
Attention
Payment order for performance fee is a document that regulates the repayment of debt on an existing debt. For example, to deduct money from an employee’s salary to pay off alimony debt or public services. Payment by writ of execution: payment order The main function of the bailiff service is the collection of funds from debtors.
The collection mechanism is different, but the simplest and most used is the direction of a special payment order at the place of work of the debtor. Based on this payment order from the bailiffs, the accounting service at the debtor's place of work must deduct funds from the debtor's salary in favor of the bailiff service.
A sample of filling out a payment order for a writ of execution 2015
Therefore, we believe that a regular payment order is issued for them, without filling in the “tax” fields, including the status of the payer, CCC, etc. At the same time, all information identifying the payment is given in the “Purpose of payment” field. So, it indicates the type of deduction, for example, alimony for such and such a period, details of the writ of execution, maintenance case, you can provide information about the recipient of the amount withheld from the employee. The specific composition of the information can be clarified with the bailiffs. If according to the writ of execution on the account department of the FSSP you transfer the employee's personal taxes, the payment order is drawn up according to the rules provided for payments to the budget. The features of such a payment are as follows.
- TIN of the payer field 60. The TIN of the individual whose tax liability is being executed. If he does not have a TIN, “,0” is affixed.
- Checkpoint payer field 102.
To begin with, the procedure for filling out a payment order to bailiffs will be different for tax deductions and non-tax employee payments (for example, alimony, judicial penalties). With regard to non-budgetary penalties, there are no special rules, as well as official instructions on the procedure for issuing payments. Therefore, we believe that a regular payment order is issued for them, without filling in the "tax" fields, including the status of the payer, CCC, etc. In this case, all information identifying the payment is given in the "Purpose of payment" field. So, it indicates the type of deduction (for example, alimony for such and such a period), the details of the writ of execution, the alimony case, you can provide information about the recipient of the amount withheld from the employee. The specific composition of the information can be clarified with the bailiffs.
Payment order to bailiffs - sample 2017-2018
The collection procedure is as follows:
- A demand is made to the non-payer indicating deadline payment.
- In case of non-receipt of funds to the budget, a collection order to the company account. According to it, the debt is written off (Article 46 of the Tax Code of the Russian Federation).
- If there is a shortage of funds in the current account or if there is no information about the current accounts, the debt is recovered at the expense of other property of the company by sending a resolution on recovery to the bailiff (art.
47 Tax Code of the Russian Federation).
Transfer under a writ of execution: payment order for an employee It often happens that your employee was previously registered as an individual entrepreneur and did not pay insurance premiums in a fixed amount on time. In this case, a writ of execution may come to collect debts from his wages.
Win in payment orders: sample
For clarity, consider filling out a payment order to the FSSP using a conditional example. Let's say that X LLC, on the basis of a writ of execution dated January 18, 2018 No. 1234/56789, withholds from its employee amounts to pay off his debt on transport tax.
The organization will fill out the payment order as follows: indicate the TIN of the employee, enter 0 in the checkpoint, designate itself as the payer; will indicate 19 as the status of the payer; the passport will be the identifier of the individual, therefore, in field 108, the organization will enter the code 01 and, separated by a semicolon, the series and number of the employee's passport; the payee will be management Federal Service bailiffs in Moscow; instead of UIN put 0; order of payment 4th; OKTMO - the one that is installed at the location of the FSSP; fields 104, 106, 107 and 109 will be 0.
Payments and ways to receive them.
The fee rate is set annually depending on the level of the company's pro-risk from 0.2 to 8.5%. Its size is established by the FSS and indicated in the Notification sent in response to an application for confirmation of the main activity.
The term for paying the fee is similar to the terms for transferring insurance premiums: before the 15th day of the month following the reporting one. The differences in the execution of a payment order are that:
- the recipient of the payment indicates the territorial body of the FSS;
- code 08 is put in the status of the payer;
- zeros are entered in fields 106-109.
FSS sample - payment order 2018 Download If you do not pay on time: consequences
In case of non-payment, the IFTS has the right to recover them.
What is win and how to fill it in the payment?
Attention
July 2015 The unique accrual identifier of the Federal Bailiff Service (UIN FSSP) is a twenty-digit key. All positions in the key must be filled. UIN FSSP is compiled by the budgetary authority.
In this case, only numbers from 0 to 9 are used. UIN payers themselves do not invent, it is appointed by the FSSP. In order to correctly indicate the UIN of the FSSP and for the payment to reach the recipients, it must be indicated in special fields. For more details, read the article UIN in the payment order. The figure below shows the structure of the UIN FSSP: The first three characters of the identifier contain the code of the main manager budget funds(GRBS) for the FSSP of Russia.
Insurance premiums: how to fill out a payment order
What is a win in a payment order?
- notary;
- advocate;
- farm owners;
- other individuals.
But all these persons can also replace the UIN with the TIN. If the payer does not enter any of the individual numbers into the document, then the document and the payment will not be valid.
Also, if the UIN has already been entered, then the TIN is not affixed. Comments on the filling procedure Payment can be made on receipts both voluntarily accrued and on demand, which can be made by authorities, legal entities and individuals, nominal enterprises.
Important
This year, payment receipts, according to which it is necessary to transfer taxes, do not contain the UIN code. Instead, the payer will be determined by TIN or KPP.
Payments must take place in the region indicated in the code budget classification.
Where is the wine for the bailiff service indicated in the payment
Payment order bailiffs sample 2017 This code number on this moment is not used, because of this, “0” is substituted for the input. From 5 to 19 These 15 digits form the document index (payment number). 20 Thanks to the use of a special algorithm, it was possible to calculate a special check number that fits into this figure. What and where to enter The code must be indicated when filling out payment documents for transferring funds to the budget.
It became necessary to indicate the UIN in the payment order after 2013. Then all the clients of the bank were notified, but not the bank itself, from which some organizations began to independently register the UIN in the field provided for this. UIN helps to fix payments of subjects and citizens, the money from which is sent to the budget.
Where to put the win in the payment order in ufssp
For more details, read the article UIN in the payment order. The figure below shows the structure of the UIN FSSP: The first three characters of the identifier contain the code of the main manager of budgetary funds (GRBS) for the FSSP of Russia. Online magazine for an accountant Often questions arise: Where to put the UIN and where to find out which UIN in 2017 should be put in payment orders? UIN in payment orders UIN in payment orders must be indicated from February 4, 2014. The unique accrual identifier is generated by payment administrators, i.e. by the budgetary institutions themselves ( tax office, PFR, etc.) and is used to unambiguously determine each payment to the budget of the Russian Federation.
Content
- 1 Where to indicate UIN
- 2 When to indicate the UIN
- 3 What to enter in field 22
- 4 If you make a mistake in the UIN
- 5 UIN and current payments
- 6 UIN for individual entrepreneurs
Where to indicate the UIN in the payment order in 2018? Where can I get UIN? What happens if you do not specify the UIN code in the payment? You will find answers to these and other questions in this article. Where to specify UIN UIN is the Unique Accrual Identifier. This identifier is represented as a code, which consists of 20 or 25 digits. UIN must be indicated in payment orders for the transfer of taxes and contributions. To reflect the UIN code, field "22" of the payment order, which is called "Code" (clause 1.21.1 of the Regulation approved by the Bank of Russia on June 19, 2012 No. 383-P), is intended.
in multitude bank branches when paying for services, it is necessary to indicate a unique identifier in the documents. Most citizens do not even know what it is and where to get it. Before making a payment, you need to prepare and find out about it, because if you make a mistake, the amount of money paid will be returned back to the debit account. Therefore, when filling out the documentation, you need to be extremely careful. What is a UIN in a payment The concept of UIN (not to be confused with UIP) stands for a unique accrual identifier, consisting of 20 or 25 characters, which should not be equal to zero. This indicator is a mandatory requisite, and it must be indicated in all payment documents, according to the Decree of the Ministry of Finance of 2014. Budget institutions form UIN themselves.
UIN payment identifier Thus, from February 4, 2014, the requirement to specify the UIN in payment orders in the payment purpose field came into force; from March 31, 2014, the UIN value must be indicated in field 22 (Code) of the payment order. UIN in payment orders in 2017 is mandatory for transferring funds in budget organizations in the event that the tax authorities or funds themselves sent a request for the payment of taxes (contributions) UIN or TIN in the payment order became mandatory Starting from March 28, 2016 for payers - individuals who are not individual entrepreneurs, in the absence of a unique accrual identifier (UIN), the indication of the value of the taxpayer identification number (TIN) in the payment order has become mandatory. If the payer does not know the code, but knows where to put it, then he can simply put down "0".
For a person who lost a case with financial consequences in a court hearing, the Federal Bailiff Service opens own production, and further financial settlement of court-ordered payments will be made exclusively through this executive structure.
Grounds for collection
For the payer, the basis for the recovery is a payment order for the enforcement fee issued by the bailiff service. Such a request can be sent by bailiffs:
- at the place of work of the payer, to pay off debts by deduction from wages;
- at the place of residence of the payer (for unemployed persons).
The bailiff issues a financial claim within the framework of enforcement proceedings, on the basis of a court decision on the repayment of tax or non-tax (alimony, fines, utility bills, loans, etc.) debts. Such an order has the force of a writ of execution.
When withholding the claim amount from the payer's salary, the accountant fills out a payment order to bailiffs, a sample of which, indicating the details of the recipient, must be provided to the employer by the responsible person in charge of production FSSP representative. A transfer is made in favor of the bailiffs, who, in turn, having registered the payment, send it to the address individual, state structures or organizations in whose favor openly enforcement proceedings.
Payment under a writ of execution: payment order and its form
The transfer of deductions to bailiffs on a writ of execution is carried out by issuing a payment order (PP). A standardized form of payment order to bailiffs was not approved, therefore, a standard form of payment is used for all payment transactions. It should be borne in mind that filling out a payment order to bailiffs when paying tax and non-tax debts is somewhat different:
- Sample payment to bailiffs for not tax debts does not contain a mandatory tax fields, obvious or non-obvious status of the payer, BCC, and all the basic information on withholding is written in the "Purpose of payment" field.
- A sample payment to bailiffs for tax debts is filled out according to the rules established for budget payments, and must contain indications of a number of required details, among which:
- Payer status - "19" when deducted from the salary of an employee-debtor (identified in accordance with Appendix No. 5 to Order of the Ministry of Finance of the Russian Federation No. 107 dated November 12, 2013, field 101 PP);
- TIN of the employee in respect of whom the bailiff's decision is being executed (field 60 of the PP); if there is no TIN, “0” is put;
- Payer's checkpoint - "0" if the money is transferred for the employee (field 102 of the PP);
- Data on the payer fulfilling the requirements of the resolution on debt collection - the short name of the organization (field 8 of the PP);
- UIN code (field 22 PP) - if a UIN (unique accrual identifier) has been assigned to the levy, this numerical value should be indicated when filling out the field, if it is not indicated in the resolution - “0” is indicated in field 22;
- OKTMO (field 105) - determined by the location of the bailiff service executing the court decision;
- Number of the document identifying the payer (field 108 of the PP) - if the status of the payer is "19", for each of the documents that can be indicated as such, its own code is set, which is written and separated by the sign ";" in front of his number. An identifying document may be: a passport of a citizen of the Russian Federation (code 01), an identity card of a serviceman (code 04), SNILS (code 14), a driver's license (code 22), a vehicle registration certificate (code 24), etc .;
- Fields PP 104, 106, 107 and 109 are required to be filled in, but do not require the entry of detailed data. It is enough to indicate the value “0” in them.
In order to be sure that the payment order is filled out correctly, the executor of the judgment has the right to clarify the correct details in the Bailiff Service. This will make sure that the document is filled out correctly, the payment will arrive as intended, and there will be no consequences for the contractor for failure to comply with the legal requirements of the bailiffs.
What should not be forgotten
The executor of the requirements of the bailiffs, regardless of whether he is directly the debtor or the subject holding the debt and transferring it to the FSSP, one should remember two important aspects of liability for failure to comply with the decision of the bailiff.
The debtor, or a business entity that has ignored the requirement of the bailiff service for the forced repayment of the debt, is liable, the limits of which are established by Article 17.14 of the Code of Administrative Offenses of the Russian Federation.
If the employer maliciously evades the execution of the order, his actions can be interpreted as a criminally punishable act under Art. 315 of the Criminal Code of the Russian Federation.
Today, in accordance with legislative norms different types of debts are collected by special bodies - bailiffs. These bodies may draw up special documents of a certain type.
They can perform a variety of functions. At the same time, it is the payment system that most often enters various organizations and institutions.
It is a document that prescribes the repayment of debts for any debts.
For example, deductions are made from the salary of an employee due to the need to pay off alimony debt or other payments.
There are many nuances of various types associated with this document. Payment to bailiffs has the force of an executive court order.
Today, the main purpose of the bailiff service is to recover funds from debtors. Moreover, this procedure is carried out in various ways.
The simplest and fastest is sending a special payment order to the place of work of a particular defendant.
On the basis of the bailiff's payment, the accounting service is obliged to make appropriate transfers in favor of the person concerned.
It is important to remember that failure to comply with such requirements threatens not only administrative, but also criminal liability. Therefore, it is worth familiarizing yourself with all the nuances in any way related to such documents in advance.
The main issues to be explored in advance are the following:
What it is?
Today, a payment order to bailiffs means a special document that contains detailed information on the purpose of the payment of the type in question.
However, there are several different formats for such documentation. All papers of this type can be divided into the following categories:
If extra-budgetary collections are carried out, there is no need to follow special rules when compiling a payment order. That is why in this case you can use the format of a standard payment order.
In such documents, there is no need to reflect tax fields, as well as the status of the payer, all kinds of budget classification codes.
All identifying information will be reflected in a special section called "payment purpose". It is important to first consider all the features, nuances of compiling such documentation.
Otherwise, all sorts of difficulties may arise. All features are presented in the relevant legislative acts.
Purpose of the document
The payment order for bailiffs has the main purpose. It consists in justifying the deduction from the amount accrued as an employee's remuneration of certain amounts in order to pay off any debts.
The basis for this is the writ of execution. Funds for such documents are always transferred to bailiffs.
In addition to the payment function, the document of the type in question performs some others:
- confirmation of the legality of certain deductions from the salary of an officially employed employee;
- streamlining accounting records;
- simplification of the reporting procedure.
Despite the fact that if the payment order in some cases can be formed in a relatively “free” format, it is necessary to remember the importance of compiling it in accordance with the standards.
There is enough a large number of most different nuances associated with the formation of such a document. It is necessary to remember some important features.
Incorrect preparation of the payment order may lead to incorrect sending of the payment. As a result, the funds will not be transferred to bailiffs.
This may become the basis for various kinds of sanctions by the Federal Tax Service and other state control bodies.
Normative base
Today there is a fairly large number of legislative acts that regulate the work of bailiffs. At the same time, the issue of drawing up a payment order is disclosed in detail in Chapter No. 46 of the Civil Code of the Russian Federation.
The legislative document includes the following:
If possible, before proceeding with the preparation of the type of document in question, it is worth carefully studying the legislative acts indicated above.
So it will be possible to minimize the likelihood of making mistakes in the preparation of documentation, the subsequent transfer of money.
A sample of filling out a form of payment order for bailiffs in 2017
The process of forming the type of documents under consideration has a large number of very different features. All of them, if possible, should be dealt with in advance. This will avoid a variety of difficulties.
Read also: How to apply for a divorce and in which court
What OKTMO to write in the payment order when paying taxes in 2017, read here.
If for some reason there is simply no relevant experience in compiling such documents, then it will be necessary to carefully read the sample. This will avoid a large number of various difficulties.
Key questions to be considered in advance include:
- step by step guide;
- indication of the CBC;
- nuances for LLC;
- filling example.
Walkthrough
The process of filling out a payment order must be carried out in a certain order. All the nuances are reflected in the Regulation of the Bank of Russia No. 383-P dated 19.06.12.
An important factor is the purpose of the payment. If transfers of the corresponding type will be made in the Ministry of Finance, then its instructions should also be taken into account.
The fundamental regulatory document is the order of the Ministry of Finance No. 107n of November 12, 2013.
The most significant nuance that should be remembered in the first place is that it is not allowed to skip individual fields. All of them must be filled out.
Otherwise, the bank simply will not accept such a document for making a payment on it. If there is a field that is unnecessary for some reason or there is no data to fill it in, the number 0 is simply entered.
The standard form is completed in the following order:
CSC indication
One of the fields of almost all payment orders without exception is the budget classification code.
Video: how to make a payment order in 1C 8.3 to pay the supplier
It should be remembered that in the case of the formation of such a document for bailiffs, there is no need to indicate the CSC. Field #104, which is used to indicate this information, must be left blank.
Nuances for LLC
The format of the type of payment order under consideration is completely standard. That is why any difficulties usually do not arise upon preliminary acquaintance with legislative acts.
At the same time, there are also no features depending on the organizational or legal form.
Fill example
If possible, it is advisable to familiarize yourself with an example of drawing up such an order in advance. All such documents are standard.
What is the order of payment in the payment order for salary in 2017, read here.
Sample payment for interest on personal income tax in 2017, see here.
The only exception is the need for deductions from the employee's wages. In this case, the rules that are regulated for the corresponding deductions to the budget are used.
The formation of a payment has a large number of very different nuances and features. All of them can be viewed in advance. This will avoid various difficulties.
KBK 3220000000000000180
Many people may encounter a situation where they need to make a payment to the state budget, but they do not even have an idea about it, or vice versa, they deliberately do not make this payment, delaying its moment in all sorts of ways. Such situations occur mainly when any administrative offense, but the violator does not want to pay a fine on it. How is BCC 3220000000000000180 used in such situations according to the writ of execution, and also where this document taken? Consider in this article.
The role of bailiffs
Bailiffs are needed in order to control the implementation of decisions taken in judicial order during legal proceedings. Moreover, they control not only the implementation of decisions taken by the court, in material terms. On their shoulders is also the collection of fines. That is, they do the following:
- Find a person who owes money to the state budget
- Notify him of debts and the consequences of their non-payment
- Find legal ways recovery from this person his debts
A fined person will have to deal with bailiffs if he avoids fulfilling a court obligation in every possible way. In this case, he avoids paying the fine to which he is obliged to spend the funds. It is this executive body that should take care of ensuring that the assessed fine and penalties on it are transferred to the state budget.
How to make me pay a fine
In this case, of course, no violent measures will be used. If a person is in arrears state budget or at the expense of another individual and the court decided to recover the amount of the fine from him, then the bailiffs will look for a method to implement the judicial instruction in a legal way.
One of these is the obligation of the debtor's employer to transfer the amount of the fine calculated for payment to the state budget by withdrawing it from the salary that is accrued to the indebted employee. At the same time, of course, all calculations must have a justification and document their legality. Bailiffs, obliging the employer to collect on account of the state budget, will provide him Required documents for the validity of the procedure in accounting.
This document, substantiating the legality of the deductions from wages, is a writ of execution. It is in it that the necessary details for payment are indicated, as well as legal grounds to carry out the withdrawal of the required amount, which will then be used by accountants in accounting and reporting. Indeed, in this case, taxation will take place with some nuances.
Example
An individual, Golovin Vitaly Nikolaevich, who was obliged to pay an administrative fine in the amount of 1000 rubles, evaded this obligation in every possible way. The court ruled for non-payment administrative fine, oblige Golovin to pay it twice. That is, the administrative responsibility for this individual for non-payment of the fine will be a fine of 2000 rubles. It was not possible to get payment from Golovin and the bailiffs brought a writ of execution to his employer, which obliges Vitaly to recover the debt amount for 4 times 500 rubles each. The employer, charging 4 months a salary of 5,000 rubles, paid Vitaly 4,500, because he transferred 500 rubles to the budget, indicating in the payment KBK3220000000000000180 from the writ of execution, since it is he who is used in such cases.
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So, budget classification codes are also used by employers if they are legally obliged to make deductions from an employee's salary to the state treasury.
Payment order to bailiffs: sample
Most often, bailiffs send payment orders to organizations. A payment order for a performance fee is a document that regulates the repayment of debt on an existing debt. For example, withholding money from an employee’s salary to pay off alimony or utility bills.
Payment by writ of execution: payment order
The main function of the bailiff service is to recover money from debtors. The collection mechanism is different, but the simplest and most used is the direction of a special payment order at the place of work of the debtor. Based on this payment order from the bailiffs, the accounting service at the debtor's place of work must deduct funds from the debtor's salary in favor of the bailiff service. It is important to note that failure to comply with the order of the bailiff service may entail not only administrative, but also criminal liability.
Formats of payment orders to bailiffs
A payment order from the bailiff service is a special document containing detailed information on the purpose of the payment. This payment order has the force of a writ of execution. There are several different formats for a sample payment order to bailiffs:
- to withhold the amount of tax arrears;
- to withhold the amount of debt on non-tax payments (for example, alimony, loans, etc.).
Sample payment to bailiffs: non-tax payments
When carrying out extra-budgetary collections, there are no special rules for compiling a payment order: as a sample, you can use the format of a standard payment order. It does not reflect budget classification codes, payer status and tax fields. All required information will be indicated in the "payment purpose" field.
Transfer under a writ of execution: purpose of payment
In case of non-budgetary collections, the main information about the payment is contained in the "purpose of payment" variable. It contains the details of the alimony case, writ of execution, type of deduction (for example, alimony for such and such a period), information about the recipient. Despite the fact that the "purpose of payment" field of the payment order is formed in a fairly free format, the required list of data for it must be clarified with the bailiffs, because Incorrect information in this field may cause incorrect transfer of funds.
Payment to bailiffs: sample
This document is used for:
- confirmation of the legality of established write-offs from the salary of an officially employed employee;
- streamlining accounting;
- simplifying the reporting process.
Sample payment order for writ of execution
The main purpose of the payment order on writ of execution is confirmation of the validity of deductions from the employee's salary of funds to pay off debts. The funds are written off in favor of the bailiffs. After that, the funds are sent to an individual, organization or fund to pay off their debts.
Download a sample of filling out a payment order for bailiffs
Payment procedure under a writ of execution, payment order
The procedure for filling out a payment order for bailiffs differs when withholding taxes and other deductions, namely, alimony and judicial penalties.
Special rules and official instructions do not apply to the procedure for issuing payments for non-budgetary penalties, therefore, a regular payment order is drawn up for such payments. All identification information is indicated in the field "Purpose of payment", and the status of the payer, CCC and other tax fields are not mandatory.
Purpose of payment means types of withholding (alimony for the specified period), attributes of writ of execution, details of alimony cases, indicating information about the recipient of the withheld amount. A more specific composition of the information is specified with the bailiff service.
The procedure for filling out a payment order to bailiffs will be different for tax deductions and non-tax employee payments (for example, alimony, judicial penalties).
When the employee’s personal taxes are transferred to the account of the FSSP department according to writ of execution, the payment is issued according to the rules governing budget payments.
A payment order for payment under a writ of execution has its own design features:
- Field 60 (TIN of payers) - the TIN of the individual whose obligations are being fulfilled is indicated. If an individual does not have a TIN, the number "0" is entered in this field.
- Field 102 (payer's checkpoint) - the number "0" is put.
- Field 8 (name of the payer) - the short name of the organization conducting the withholding of the amount to the budget is indicated.
- Field 101 (payer status) - according to Appendix 5 to the order of the Ministry of Finance of the Russian Federation No. 107N dated November 12, 2013, these payments are marked with the status (number) "19".
Read more about withholding a writ of execution from a pension in the article: recovery of a writ of execution from a pension.
Budget classification codes (BCC) used
Payment under the writ of execution of the kbk - transfer to specially created digital codes, through which articles are grouped federal budget. The concept was put into effect by the Budget Code of Russia on July 31, 1998 (FZ No. 14).
Payment by writ of execution
The procedure and principle of withholding on writ of execution from wages is prescribed in the regulations of the Labor and Family Codes, Federal Laws and Resolutions approved by the Government of the Russian Federation.
According to the letter federal law dated 02.10.2007 No. 229 “On Enforcement Proceedings”, in cases where the debt does not exceed 25,000 rubles, the claimant has the right to send the document on its retention to the debtor directly, without resorting to the services of bailiffs. In addition to the writ of execution, the debtor is sent an application indicating the account and details of the recoverer, where payment will be received under the writ of execution of the kbk.
22.08.2019
Participants in property and tax relations sometimes have to go to court to decide contentious issues, resolve the conflicts that have arisen, call violators of the rules to account and properly fulfill their obligations.
For the losing party, such cases and processes can have serious financial consequences.
A typical situation - the court makes a reasoned decision that obliges the defendant to make certain payments in favor of the plaintiff.
Such a court verdict often becomes the basis for opening bailiffs of enforcement proceedings to recover the corresponding debt from the obligated person.
In order to make the necessary payments under the writ of execution of the Federal Bailiff Service (FSSP), the payer must issue an instruction to the servicing bank to transfer required amount funds for the specified details.
You should find out how such an order is drawn up.
When is a payment made to the FSSP?
In order to ensure the collection of certain payments appointed by the court, the bailiffs send the payer - the obligated person - the appropriate order, which contains the appropriate requirement, the necessary details are indicated.
In fact, this prescription is a writ of execution, which gives it the necessary legal force.
A document requesting the payment of obligations under judgment can be sent to the payer either at the place of his employment (in this case, the debt will be officially deducted from the payer's earnings), or at the address of his actual residence (if the obligated person is not employed).
In the practice of bailiffs, it is customary to divide writ of execution of the following types:
If, for example, the amount of money appointed by the court for payment is withheld on the writ of execution from the salary of the obligated person (payer), the accountant of the employing organization draws up and sends a special payment to the bailiffs to the servicing bank.
As a rule, an authorized employee of the FSSP, who oversees (conducts) a specific enforcement proceeding, officially provides the employing organization with a sample of such an instruction, which already contains all the necessary details.
In this way, financial institution performs the designated payment transactions according to these instructions, transferring money directly to the FSSP authorities.
Bailiffs accept the relevant payment, register it in the prescribed manner, and then redirect it to the actual (target) recipient, who is the beneficiary of the enforcement proceedings.
The funds of this payment can be sent to a budget structure, an economic entity, another organization or a specific individual.
How to fill in correctly when transferring a writ of execution?
Deductions directly addressed to the bailiffs are listed on the writ of execution on the basis of the relevant payment orders, the execution of which must always be carried out properly.
For the FSSP, however, there is no special form of payment approved by any regulations.
Consequently, a payment order to bailiffs is drawn up according to a standard template, usually used for any bank transfers.
When filling out such payments, it is important to take into account some differences between orders for tax collections and orders for non-tax withholdings.
Non-tax debts
If a payment order directly addressed to the FSSP authorities is drawn up for the collection of non-tax debts, it does not provide for filling in the so-called tax fields.
In other words, it does not indicate the CBC, as well as other information related to tax specifics.
All key data characterizing a non-cash payment for the collection of non-tax debt is reflected in the field.
The necessary information of the writ of execution, the paid period and other identifying information are indicated here.
tax debts
If a payment order to bailiffs is issued for the purpose of collecting tax debts, it should be drawn up according to the rules provided for transfers to the budget.
So, when filling out the payment, the following mandatory details must be indicated:
- If the amount of tax arrears is withheld from the salary of the debtor employee, field 101 (user status) in the payment order is assigned the value 19.
- In field 60, where the TIN of the payer is indicated, the TIN of the citizen (employee) in respect of which enforcement proceedings are applied is prescribed. If this individual does not have a TIN, the value 0 is entered.
- In field 102, where the payer's KPP is indicated, the value 0 is reflected, since the funds are transferred for the employee.
- The short name of the economic entity (employer) holding and transferring funds under the writ of execution is written in field 8 of the payment order, which reflects the name of the payer.
- Field 22 is intended to indicate (a unique accrual identifier). If such a code is not in the bailiff's order, 0 is entered.
- In field 105, a code should be entered that determines the location of the territorial body of the FSSP that collects the debt by court decision.
- Field 108 properly reflects the number of the document that uniquely certifies the identity of the payer (debtor employee). Before identifying information, the identification code of the corresponding document is written in the line (for example, a civil passport - 01, a military ID - 05).
- In field (104) – value 0.
- In the document date fields (109), tax period(107) and the basis of the document (106), the value 0 is entered.
Download Sample
A sample payment order when transferring bailiffs on a writ of execution of tax debts -
Sample payment in the FSSP for non-tax debts -
Useful video
How to correctly fill out a payment order for payment to bailiffs is described in detail in this video:
conclusions
The payment, through which tax / non-tax debts are collected by bailiffs, is drawn up according to the typical form of an instruction to transfer money from a bank account.
However, when filling it out, you should always be guided by certain rules. It is recommended that the details that are necessarily reflected in such a payment order be specified in advance with the FSSP authorities.
This will avoid problems with the correct formation and timely execution of the payment document.