To resolve financial issues, sometimes one of the parties needs to confirm the fact that she has the ability to freely manage her money. To do this, she needs a certificate of lack of debt. The presence of such a document may be required by both legal entities and individuals.
Why do I need help for citizens
As you know, when making various kinds of transactions, the parties are forced to collect a huge number of documents confirming their authority and financial condition.
These papers act as a guarantor and give confidence to the other party in the legality of the operation.
Otherwise, the agreement may be invalidated and canceled over time. A certificate of absence of debt is one of the most important documents of this kind. Individuals may need it when deciding issues relating to:
- real estate;
- tax law;
- privatization;
- citizenship;
- property rights.
For example, a citizen is going to issue a mortgage for an apartment. In this case, confirmation of the fact that he has no debt on property tax will be required. Or, for example, a deal is made on the purchase (sale) of an apartment. No notary will accept documents for consideration unless the seller submits a certificate confirming the fact that he does not have a debt for paying utility bills. Otherwise, the debt will automatically be transferred to the buyer, and this is unacceptable.
Lack of debts for legal entities
Enterprises and companies also need a certificate of lack of debt. It is one of the ways to confirm the positive payment characteristics of a given business entity. Such a document may be needed as confirmation of the absence of debts:
- on taxes to the budget;
- to a pension fund;
- on insurance contributions to various extrabudgetary funds;
- on customs payments, penalties, interest and other economic sanctions;
- on wages and so on.
Such a document may be required by anyone:
- Investors at the time of making a decision on future partnership. Thus, they try to minimize the risk in relation to their financial investments.
- Another company at the time of the transaction.
- Banks before deciding on the issuance, closure or early repayment of a loan.
- The enterprise itself in the course of its business activities, as well as when participating in tenders or simply to confirm the correctness of its own calculations.
Legal entities often have to turn to various structures where it is necessary to somehow confirm the validity of their intentions, and for this there must certainly be a certificate of lack of debt.
Help forms
The form of the certificate of absence of debt depends on which body it is issued.
Some structures are simply limited to a document containing information that confirms the fulfillment by a particular person of their obligations to transfer certain payments.
From it it is impossible to draw a conclusion about a possible arrears or use as confirmation of its absence. However, a number of structures submit such documents in a predetermined form recommended for use.
It is approved by a separate resolution or order of the relevant governing body and is binding.Such unified documents have been developed by the Federal Tax Service, EIRTs, PFS, FSS and other services. Considering each of them separately, you can notice a general pattern in the presentation of information. Help usually contains:
- Number, date and name of the document by which it is approved.
- The name of the document itself (reference).
- Information about the service (organization) that issued the document. It can be replaced by a corner stamp.
- Information about the person to whom the certificate is provided.
- Information on the absence (presence) of debt as of a specific date or for a specific period.
- The recipient is indicated, that is, the one to whom the certificate is provided.
- Signature of the employee responsible for compiling the document.
- Seal of the organization issuing the document and date of issue.
No tax debts
To confirm the timely payment of contributions to the Federal Tax Service issued a certificate of the absence of tax debt. Most often, legal entities order it if necessary:
- reorganization of the company or its complete liquidation;
- the transfer of the entity to another tax company;
- at the initiative of the organization itself to confirm data on payment, participate in various tenders or competitions, as well as to draw up business plans;
- contacting a bank with a request for a service;
- in other cases provided by law.
The certificate is issued upon special request, which the taxpayer personally sends to the appropriate service or sends it by mail. The document is prepared as of a specific date in accordance with the desire of the customer. If the request does not have a specific date, then it is compiled at the time of registration with the tax office.
Certificates on the absence of tax arrears can be received by both individuals and legal entities. Since the end of 2012, a large procedure has been introduced for large companies to form and provide such certificates. In accordance with it, a single document is issued, which indicates the presence (absence) of debt to the tax service of the parent company and all its structural divisions (branches). And for the concretization of the information provided, it contains the code of the very inspection where there is such a debt.
What should a certificate of lack of debts look like
A sample certificate of absence of debt is approved by the governing body of the relevant service. Typically, such a document is issued on paper with an original signature and seal. But some services, keeping up with the times, make the possibility of obtaining help more accessible.
So, for example, in accordance with the latest changes in 2013 in tax legislation, such a document can also be provided in electronic form. It does not contain specific amounts, but only indicates whether the taxpayer has currently fulfilled his direct obligation to pay contributions or not.
As a rule, a certificate is compiled on a regular A4 sheet. First, in the upper right corner is indicated the "code for KNX." Then below the center is written the name and number of the document. The following is information about the taxpayer. After this, the date is indicated, as of which information is provided and a note on the presence (absence) of debt. Then follows the name and code of the tax authority and at the very end the signature of the responsible employee.
Rules for obtaining documents
Obtaining a certificate of lack of debt is not difficult. This can be done by both a legal entity and an ordinary citizen. First you need to make a request and send it to the appropriate authority at the location (for enterprises) or at the place of residence (for individuals). The unified request form does not exist. There is only a general procedure for presenting information taken as a sample. Such a request is written in the form of a regular statement:
- First, at the top right, details of those to whom and from whom it is directed are indicated.
- On the left is the date and outgoing number (for the organization).
- A little lower in the center is the word “query” and its purpose is indicated.
- Next comes the phrase asking for data on a specific number. If it is not specified, then information is provided at the time of registration of the request.
- Then comes the signature of the head of the company, certified by the round seal of the company.
- At the very bottom on the left are information about the artist.
A response to such a request is usually given within 10 business days. Other authorities have their own deadlines for reporting data.