What documents to keep. How many years to keep accounting documents ooo. What is more important: the law or the list
In the process of financial and economic activity, an organization or individual entrepreneur has a lot of documents. The question often arises: how long should they be stored? In the review, we have collected information on some of the most common accounting and tax accounting documents, as well as reporting.
The terms for storing documents are established by other regulations.
Primary accounting documents
All primary accounting documents must be kept at least five years. This applies to:
- cash books;
- banking documents;
- acts on acceptance, delivery, write-off of property and materials;
- invoices and advance reports;
- correspondence;
- waybills and journals of their accounting;
- documents on receipt of salaries and payment of benefits;
- inventory of movable property.
For a five-year period of storage of most of these documents, a condition is provided - an inspection or audit, and sometimes even exceptions. For example, for 75 years, documents on salaries should be kept if there are no personal accounts.
Documents on fixed assets and inventory lists that do not relate to goods and materials will have to be stored permanently.
How many years to keep accounting records
How long to store primary documents, tax reports, invoice, accounting database? How to store and destroy documents. Rosarchiv. Responsible for keeping documents. LIST OF TYPICAL MANAGEMENT DOCUMENTS GENERATED IN THE ACTIVITIES OF ORGANIZATIONS, INDICATING THE TERMS OF STORAGE Federal Archival Service of Russia Rules for storing documents in accounting.
The question arises, how many years to keep accounting documents.
According to one document - 5 years.
On the other hand, the so-called "depth" of a tax audit is 3 years.
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In case of loss of documents, the taxpayer is obliged to restore them for the previous four years
If the company has lost the primary as a result of flooding, then it is obliged to restore the documents. Including for the past four years, and not just for 2011. This was recalled by specialists of the Ministry of Finance of Russia in a letter dated 11.08.11 No. 03-02-07 / 1-288.
Which refers to the provisions of paragraph 5. In which it is said that during a tax audit, inspectors are not entitled to demand from the company documents that have already been submitted to the inspectorate (during a desk or on-site audit). The exception is those papers that were previously presented in the form of originals, but were returned by the tax authorities, and then the company lost them due to force majeure circumstances.
Another reason for the restoration of documents - the period of storage of documents required for the calculation of taxes is four years. This is stated in subparagraph 8 of paragraph 1 of Article 23 of the Tax Code of the Russian Federation.
How to recover a lost document
Formally, the procedure is as follows:
- Issue an order to appoint a commission to investigate the causes of the loss of a tax return.
- Investigate the missing document. Get from the employees responsible for its safety, written explanations - memos.
- Draw up an act based on the results of the investigation. In it, indicate the reasons for the loss of the document, the measures that need to be taken to restore it.
- Restore the document based on primary documents and tax registers.
- Sign it with an employee who is authorized to do this today. Even if at the time when the document was originally drawn up, it had to be signed by another employee.
- Make the inscription "Duplicate" on the declaration. In practice, colleagues rarely follow this order. According to the accounting data, they fill out the declaration again if it is not saved in the accounting program.
How many years it is necessary to keep the primary document, which confirms the loss in the income tax return
The Tax Code says: documents that confirm the loss must be kept for the entire period until the loss reduces the income tax base. This is 10 years maximum. Plus another four years after the loss is repaid.
But what about the loss documents? Only declarations of previous years or the entire primary?
The Ministry of Finance of Russia insists that all primary documents must be kept (letter No. 03-03-06/1/276 dated April 23, 2009).
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Organization and rules of storage of accounting and other documents
For the storage of accounting documents, it is necessary to equip special rooms, safes or cabinets (clause 6.2 of the Regulation, approved by letter of the USSR Ministry of Finance dated July 29, 1983 No. 105). The requirements for the arrangement of such storages are given in the Rules approved by the order of the Ministry of Culture of Russia dated March 31, 2015 No. 526.
Forms of strict accountability are stored in safes, metal cabinets or in special rooms to ensure their safety (clause 16 of the Regulation approved by Decree of the Government of the Russian Federation of May 6, 2008 No. 359). Cash warrants, advance reports, bank statements with related documents are collected in chronological order and bound.
Documents classified as "trade secret" are kept in safes.
Other documents can be stored in special rooms or in lockable cabinets under the responsibility of persons authorized by the chief accountant.
Note: Clauses 6.2–6.4 of the Regulations approved by the letter of the USSR Ministry of Finance dated July 29, 1983 No. 105, and clauses 3.2 and 3.6 of the Regulations approved by the Decree of the Federal Securities Commission of Russia dated July 16, 2003 No. 03-33 / ps.
The organization has the right to store accounting documents in electronic form
According to the legislation on accounting, primary and consolidated accounting documents can be drawn up on paper or in electronic form (part 5 of article 9 of the Law of December 6, 2011 No. 402-FZ). Tax accounting registers can also be kept on paper, in electronic form and (or) on any machine media (). Finally, tax declarations (calculations) can, and in some cases must be submitted electronically (Article 80 of the Tax Code of the Russian Federation).
And since the primary source, accounting and tax accounting documents, as well as tax returns (calculations) can be compiled electronically, then they can be stored in the same format. Printing is not required. The only condition is that such documents must be certified by all the rules with an electronic signature.
Note: Letters of the Ministry of Finance of Russia dated August 22, 2012 No. 03-02-07 / 1-202 and July 24, 2008 No. 03-02-07 / 1-314.
At the request of regulatory agencies, including the tax inspectorate, copies of electronic documents will have to be printed out and certified by hand before being submitted for verification (clause 1, article 252, clause 1, article 93 of the Tax Code of the Russian Federation). This conclusion is based on the provisions of Part 6 of Article 9 of the Law of December 6, 2011 No. 402-FZ, Articles 313 and 314 of the Tax Code of the Russian Federation.
To organize the storage of documents in electronic form, apply the Regulation approved by the letter of the USSR Ministry of Finance dated July 29, 1983 No. 105 (insofar as it does not contradict the law), and the Rules approved by the order of the Ministry of Culture of Russia dated March 31, 2015 No. 526. Do this until the federal accounting standard is approved , establishing requirements for documents and workflow in accounting. This is stated in the information of the Ministry of Finance of Russia No. PZ-13/2015.
Transfer text electronic documents for storage in the archive of the organization should be in PDF / A format. At least once every five years, check the condition of the electronic document media and whether the documents themselves can be reproduced. These are the requirements of paragraphs 2.31 and 2.32 of the Rules, approved by order of the Ministry of Culture of Russia dated March 31, 2015 No. 526.
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Destruction of documents
When the period for storing documents expires, they should be destroyed (clause 2.3 of the Rules approved by order of the Ministry of Culture of Russia dated March 31, 2015 No. 526). Documenting the destruction of documents is beneficial for the organization itself. After all, acts of destruction may be needed during inspections or court cases, if the organization is required to submit any documents. The order of destruction is prescribed in paragraphs 4.6–4.13 of the Rules, approved by order of the Ministry of Culture of Russia dated March 31, 2015 No. 526.
The expert commission selects documents for destruction. The expert commission may include employees of the organization (secretary, accountant, clerk, etc.).
The destruction of the selected documents must be issued (.xls 35Kb) from Appendix 21 to the Rules, approved by order of the Ministry of Culture of Russia dated March 31, 2015 No. 526. Write the details of all documents in the act. Homogeneous documents can be indicated under a common heading. Mark the extreme dates of homogeneous documents. For example, "advance reports for 2009, deadlines - 01/20/2009–12/01/2009".
An organization can destroy documents in the following ways
- transfer for recycling (disposal). Transfer documents for processing (disposal) issue an invoice, indicating the date of transfer, weight and number of papers;
- destroy documents on your own - burn, grind with a shredder, throw away, etc.
The chosen method of destruction must be indicated in the act.
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Penalties and Responsibility for violation of the rules and deadlines for storing documents
If there are no accounting documents, for example, lost, this is a gross violation of the rules for accounting for income and expenses. The organization faces a fine of 10,000 rubles. according to the Tax Code of the Russian Federation. The same punishment will be if you do not follow the procedure and period of storage of documents.
If the lack of documents has led to an underestimation of the tax base, the taxpayer faces a fine of 20 percent of the amount of unpaid tax, but not less than 40,000 rubles.
The following sanctions may be applied to an official:
- a fine from 5,000 to 10,000 rubles. - for the first violation;
- from 10,000 to 20,000 rubles. or disqualification for a period of one to two years - for a repeated violation.
Such sanctions are provided for gross violation of accounting requirements, including financial statements, of the Code of Administrative Offenses of the Russian Federation.
The safety of documents is not disregarded in the criminal legislation. Based on paragraph 1 of article 325 of the Criminal Code of the Russian Federation, theft, destruction, damage or concealment of official documents out of personal interest can be punished by imprisonment for up to one year. But, of course, law enforcement agencies will have to prove such an interest.
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Accounting documents: primary accounting documents, cash documents and accounting registers - must be kept five years after the reporting year. Documents related to the organization and maintenance of accounting records. such as accounting policies - kept for at least five years after the end of the year. in which they were last used for the preparation of financial statements. In addition to this, longer periods of storage of accounting documents can be established - by the Tax Code of the Russian Federation, Law N 212-FZ, the Law on Archiving and the List approved by Order of the Ministry of Culture of 08.25.2010 N 558 (hereinafter - the List). For example, financial statements must be kept permanently, i.e. throughout the life of the organization. If different regulatory legal acts establish different periods of storage of the same document, then it is necessary to determine the period of storage of the document according to the act that provides for a longer period. The main of the special periods of storage of documents are given in the table.
The period of storage of documents confirming the tax loss that the organization carries forwardAnother financial year is coming to an end. It's time to take stock. Organizations evaluate whether it was successful in terms of financial performance. One of the most obvious indicators of success is the financial result. It can be both positive - a profit has been made, and negative - a loss has been received. A loss is recognized as a negative difference between income and expenses calculated in accordance with the provisions of Chapter 25 of the Tax Code of the Russian Federation. For the purpose of taxation of profits, losses are taken into account in the manner prescribed by Article 283 of the Tax Code of the Russian Federation. General procedure for the carry forward of lossesThe general procedure for the transfer of losses is enshrined in Article 283 of the Tax Code. In accordance with this rule, organizations that have suffered a loss can reduce the income tax base in the current tax period by the entire amount of the loss. Also, part of the resulting loss can be transferred to the future. It is worth noting that a loss carry forward results in a deductible temporary difference. It is important Temporary differences are understood as income and expenses that form accounting profit (loss) in one reporting period, and the tax base for income tax - in another or in other reporting periods. Organizations have the right to carry forward losses for ten years following the year in which the loss occurs. At the same time, they can be taken into account both in full amount and in part. That is, the accounting of losses can be "stretched" for subsequent years, but only within 10 years. However, organizations do not have guarantees that in the coming years there will be no more losses and the enterprise will consistently make a profit. A situation may arise in which, after 2 or 3 years, the company will again “go into the red”. In such a situation, the company will not be able to reduce losses, since it will not receive profit. In this case, the legislation provides for the possibility of transferring losses to the next year, in which he will receive a positive difference between income and expenses. But what if the loss was received not in one tax period, but in several? In this case, such losses are carried forward in the order in which they arose. Example 1 Alfa LLC has the following financial indicators: In 2008, a loss of 468,900 rubles was received In 2009, a loss of 351,300 rubles was received In 2010, a loss of 112,600 rubles was received In 2011, a profit of 695,800 rubles was received When calculating income tax for 2011, Alfa LLC takes into account losses received in previous tax periods in chronological order in an amount equal to the tax base for 2011, that is, 695,800 rubles. In their letter No. 03-03-06/1/276 dated April 19, 2010, specialists of the financial department noted that losses can be carried forward not only at the end of the tax period, but also at the end of reporting periods. In other words, organizations can take into account losses incurred already starting from the first quarter of the next year, and not wait for the results of the tax period. This is possible only if the enterprise will operate at a profit. The specified Appendix is not submitted following the results of half a year and nine months. And since the loss (or part of it) can be transferred to these reporting periods, the amount of the loss (part) must be reflected in line 110 of sheet 02 of the tax return. In accounting, the resulting losses are taken into account in full in the reporting period. At the same time, losses for the purposes of accounting and tax accounting can be recognized in different ways. Therefore, it is advisable to use a special tax register in tax accounting to reflect the transfer of losses for the future. For clarity, consider an example. Example 2 At the beginning of 2012, Alfa LLC had unrecorded losses for 2009 and 2010 in the amount of 395,695 rubles and 232,481 rubles, respectively. The reporting periods are the first quarter, six months and nine months. The first quarter - a profit of 128,439 rubles was received; Since Alfa LLC made a profit in the first quarter, it is possible to transfer the loss to this reporting period. In this case, according to the results of the first quarter, Alpha LLC will have a tax base of 0 rubles due to the carry forward of the loss for 2009 in the amount of 128,439 rubles. The unrecorded loss for 2009 will decrease to 267,256 rubles (395,695 rubles - 128,439 rubles). At the end of the first half of the year, the tax base amounted to 215,317 rubles, that is, compared to the first quarter, it increased by 86,878 rubles. Due to the carried over balance of the 2009 loss, the tax base will also be 0 rubles. The unrecorded loss of 2009 will decrease to 180,378 rubles (267,256 rubles - 86,878 rubles). According to the results of 9 months, the tax base amounted to 349,941 rubles, that is, it increased by 134,624 rubles. The size of the tax base, taking into account the untransferred loss of 2009, will be 0 rubles. The unrecorded loss in 2009 will amount to 45,754 rubles (180,378 rubles - 134,624 rubles). At the end of 2011, the tax base amounted to 479,672 rubles, that is, it increased by another 129,731 rubles. Alpha LLC reduces the tax base for the untransferred loss of 2009 (45,754 rubles) and begins to carry forward a loss of 2010 in the amount of 83,977 rubles (129,731 rubles - 45,754 rubles) Thus, the tax base for 2011 will be 0 rubles. The balance of uncarried loss in 2010 will be 148,504 rubles. Let's transfer the results of calculations to the sample tax accounting register. In this register, it is logical to provide a column to reflect changes in the amount of a deferred tax asset (hereinafter - IT) in connection with the transfer of a loss in tax accounting for the future. At the beginning of 2011, the value of IT is 125,635.20 rubles ((395,695 rubles + 232,481 rubles) x 20%). The loss carried forward in the first quarter will reduce it by RUB 25,687.80 (RUB 128,439 x 20%). Consequently, at the beginning of the second quarter, the value of SHE will be 99,947.40 rubles (125,635.20 rubles - 25,687.80 rubles). At the end of each next quarter, there is a decrease in IT. At the beginning of 2012, the value of the deferred tax asset is reduced to RUB 29,700.80 (RUB 99,947.40 - RUB 17,375.60 - RUB 26,924.80 - RUB 25,946.20), where RUB 17,375.60 (RUB 86,878 x 20%); Reduced SHA amounts are entered in the appropriate column of the tax register. Sample of filling in the tax register "carry forward of losses"
At the same time, if an enterprise made a profit at the end of the reporting periods and reduced it by the amount of IT, and at the end of the year it received a negative financial result, then the recorded losses become outstanding automatically. This is due to the fact that the amount of loss taken into account when calculating income tax based on the results of reporting periods is intermediate. The final result is determined by the results of the tax period, that is, the year. Document retention periodsThe general procedure for keeping documents obliges taxpayers to keep accounting documents for four years. The Law of November 21, 1996 No. 129-FZ states that primary accounting documents must be kept for at least five years. In turn, when carrying forward losses for future tax periods, firms are required to keep documents for the entire period of write-off. Thus, if an organization suffers losses from previous years for 10 years, then it must keep the documents for the entire period. That is, there is a special procedure for storing documents when transferring losses, which is different from the general rules enshrined in subparagraph 8 of paragraph 1 of Article 23 of the Tax Code. It is clear that documents confirming losses must be kept for such a long period of time to confirm expenses in the event of an on-site tax audit. And what to do with the documents if the on-site inspection of those periods in which the losses of previous years were taken into account has already been carried out? On this issue, specialists from the financial department explain that it is necessary to keep documents for the entire period of writing off losses, even if tax audits were carried out for the periods in which losses were received (letter of the Ministry of Finance of Russia dated April 23, 2009 No. 03-03- 06/1/276). The letter also noted that the Tax Code does not provide for the termination of the obligation to store documents confirming losses in connection with a tax audit. Therefore, further write-off of losses is possible only if these documents are available. In general, this point of view is confirmed by the arbitrators. At the same time, they note that if, during the on-site audit, the tax authority checked the correctness of the calculation of the resulting loss, it is not entitled to demand supporting documents again at the next on-site tax audit conducted during the write-off period of this loss (Decree of the Federal Antimonopoly Service of the West Siberian District of September 05, 2007 No. F04-5962 / 2007 (37734-A45-40) and the Federal Antimonopoly Service of the North-Western District of January 16, 2007 in case No. A56-22363 / 2006). Thus, if tax audits have not been carried out and there are no documents confirming losses, then taxpayers do not have the right to carry forward losses for the future due to the fact that in this case they violated paragraph 4 of Article 283 of the Tax Code (resolution of the Federal Antimonopoly Service of the Moscow District of September 23, 2008 No. KA-A40 / 8513-08-2 and FAS of the Far Eastern District of August 15, 2008 No. F03-A51 / 08-2 / 3204). Loss carry forward on reorganizationSome organizations for several years in a row can only bring losses. The easiest option would be to close the firm. However, it becomes a pity for the efforts and funds invested in the matter. In this situation, many owners are reorganizing enterprises. They are trying by all available means to save the business. The legislation on taxes and fees also provides for the possibility of carrying forward losses to future tax periods in the event of reorganization. This is stated in paragraph 5 of Article 283 of the Tax Code. Reorganization of enterprises can occur in various forms. At the same time, during such events there is always a successor organization and a reorganized legal entity. The successor organization may reduce its income by the amount of losses. In this case, the losses incurred must be documented and reflected in tax returns by the reorganized entity. The successor organization can transfer losses only during the remaining period for which the reorganized enterprise did not take them into account (letter of the Ministry of Finance of Russia dated June 07, 2011 No. 03-03-06 / 1/328). However, in the event of reorganization, when a new enterprise is separated from the reorganized one, it will not be possible for the spun-off person to take into account the losses. Thus, in the letter of the Ministry of Finance of Russia dated June 24, 2010 No. 03-03-06 / 1/428, it is noted that during the reorganization in the form of a spin-off, the reorganized organization does not stop its activities, and therefore the loss of the reorganized company cannot be transferred to the future by the spun-off organizations in the manner prescribed by Article 283 of the Tax Code. Transition to USNTaxpayers have the right to switch to the simplified taxation system from the beginning of a new tax period. However, it must meet a number of criteria defined by Chapter 26.2 of the Tax Code. However, in this case, the possibility of enduring losses does not completely disappear. It is simply interrupted until the moment when the enterprise returns to the general taxation regime. At the same time, do not forget that losses can only be carried forward for 10 years. In other words, this period will also include the years when the company applied the simplified tax system. This position is reflected in the letter of the Ministry of Finance of Russia dated January 28, 2011 No. 03-11-11/18. It is also worth noting that the loss received during the period of application of the simplified tax system when switching to the general taxation regime cannot be transferred. When applying the simplified tax system, taxpayers have the right to change the object of taxation. How, in this situation, to take into account the losses incurred during the years of using the “income minus expenses” object when switching to the calculation of taxes on income? In this situation, the transfer is carried out similarly to the procedure provided for when changing taxation regimes. This opinion is expressed in the letter of the Ministry of Finance of Russia dated March 16, 2010 No. 03-11-06/2/35. Opinion of the Federal Tax Service When applying the simplified tax system, the loss received at the end of the previous year does not affect the payment of the advance payment. Such an unpleasant conclusion was made by officials of the Federal Tax Service of Russia in a letter dated July 14, 2010 No. ШС-37-3/6701. In accordance with paragraph 1 of Article 346.19 of the Tax Code, the tax period for taxpayers applying the simplified taxation system is a calendar year. At the same time, advance payments are calculated based on the results of the reporting period, and the “simplifier” has the right to reduce the tax base only on the basis of the results of the tax period (calendar year). Consequently, when calculating advance payments, the taxpayer is not entitled to take into account the amount of losses received in previous tax periods. In a letter dated April 1, 2011 No. 03-11-06 / 2/42, the Ministry of Finance of Russia indicated that the procedure for paying tax and advance tax payments is mandatory for all "simplistic" , including for taxpayers who, following the results of previous tax periods suffered losses. 0 percent rateOn January 1, 2011, Article 283 of the Tax Code was supplemented with a new paragraph. Starting from this date, taxpayers are not entitled to carry forward the losses received from the activities of the 0% taxable income supply. Note that the tax base for income taxed at a rate other than 20% must be determined separately. At the same time, he should keep separate records of income (expenses) for operations for which, in accordance with Chapter 25 of the Tax Code, a different procedure for accounting for profit and loss is provided (letter of the Ministry of Finance of Russia dated November 25, 2010 No. 03-03-06 / 1 /740). The 0% tax rate applies to the following types of income. According to income received by Russian organizations in the form of dividends. In this case, the following conditions must be met:
On income in the form of interest on state and municipal bonds issued before January 20, 1997 inclusive, as well as on bonds of the state currency bonded loan of 1999, series III. Profit received by the Bank of Russia from activities related to the performance by it of the functions provided for by Federal Law No. 86-FZ of July 10, 2002. For agricultural producers, for activities related to the sale of their agricultural products, as well as the sale of their own agricultural products produced and processed by these organizations until the end of 2012. Starting from 2013, the rate for them increases to 18%. During this period, they will also lose the right to carry forward the amount of losses received from the relevant types of activities for previous tax periods when they used the 0% rate. Profit received by an organization that has received the status of a participant in the Skolkovo project. Thus, organizations that will be recognized as participants in the Skolkovo project and for which the specified profit will be taxed at a rate of 0% do not have the possibility of carrying forward tax losses that may arise during the period of taxation of income at a rate of 0%. Activities of service industries and farmsSince the beginning of 2011, the order of taxation of service industries and farms (hereinafter referred to as OPH) has undergone major changes. Accordingly, the procedure for accounting for losses and their transfer to future periods has also changed. Special rules Organizations that include subdivisions of service industries and farms must determine the tax base for the activities of these subdivisions separately. The loss from the activities of a particular division of the OPH is repaid only by the profit received by this particular division. Taxpayers that include subdivisions of the OPH must determine the tax base for the activities of these subdivisions separately. To recognize a loss from the activities of an OPH, the following conditions must be met:
If at least one of these conditions is not met, then the loss on the OPF facilities can be carried forward for a period not exceeding 10 years. Only the profit received in the course of activities carried out by the OPH facilities can be used to pay off this loss. In other words, a loss from an activity, such as a canteen, can only be repaid by the profit received by the same canteen. Taxpayers whose number of employees is at least 25% of the working population of the respective locality and which include structural subdivisions of the OPH, starting from January 1, 2011, are entitled to accept for tax purposes the actually incurred expenses for the maintenance of these facilities. If the organization does not meet these criteria, then the resulting loss can be taken into account when calculating the tax base only if the above conditions are met. Otherwise, the transfer of loss is carried out in the manner described above. What are the terms for storing documents in the organizationIn the Federal Law of October 22, 2004 No. 125-FZ "On Archiving in the Russian Federation" in Art. 17 says: State bodies, local self-government bodies, organizations and citizens engaged in entrepreneurial activities without forming a legal entity are obliged to ensure the safety of archival documents, including documents on personnel, during the periods of their storage established by federal laws, other regulatory legal acts of the Russian Federation, as well as the lists of documents provided for by Part 3 of Article 6 and Part 1 of Article 23 of this Federal Law. The list of "other regulatory legal acts of the Russian Federation" includes: "List of typical managerial archival documents generated in the course of the activities of state bodies, local governments and organizations, indicating the terms of their storage", approved. Order of the Ministry of Culture of the Russian Federation of August 25, 2010 No. 558;
The terms of storage of documents of joint-stock companies are defined in the Regulations on the procedure and terms of storage of documents of joint-stock companies, approved. Decree of the Federal Securities Commission of the Russian Federation of July 16, 2003 No. 03-33/ps. The procedure for storing personnel and accounting documentationThe retention periods determined by the regulatory documents of the Russian Federation are strictly obligatory for all organizations working with documents. The document is transferred to the Archives for storage from January of the year following the end year of the document's use. Example: If the document was finished using in September 2013, it is recommended to transfer it for storage on January 1, 2014. Documents transferred to the archive have a clear storage period, which organizations are required to comply with by law - temporary (up to 75 years) and permanent storage periods. Documents that have expired are subject to destruction. Among the management documents that are required to be kept for 75 years are the personal files of employees and the registers of industrial accidents. In general, documents are divided into groups according to the storage period:
HR records are usually kept in the HR department, in the organization's own archive, or off-site in a professional commercial archive. The procedure for storing personnel documentation is regulated by labor legislation. Certain personnel documents belong to the group “documents with a shelf life on demand”. One of the most important tasks of the head of the company and the personnel department is the obligation to guarantee the security of the personal data of each employee. Personal data includes information contained in a personal file. Certain requirements for the premises in which the personal files of employees are stored are not established by law. Forms of work books and inserts are stored in safes, metal cabinets or specially equipped rooms. These documents are included in the list of documents of strict accountability, so strict rules are imposed on their storage. Primary documents, accounting reports and registers are subject to transfer to the archive, this is regulated by the "Regulations on documents and workflow in accounting" (approved by the Ministry of Finance of the USSR dated July 29, 1983 No. 105): An employee's personal data is information required by an employer in connection with an employment relationship and relating to a particular employee. (Article No. 85 of the Labor Code of the Russian Federation) The Regulation also regulates the procedure for storing accounting documentation - primary documents, accounting registers, accounting reports and balance sheets: 6.2. Primary documents, accounting registers, accounting reports and balance sheets, prior to their transfer to the archive of an enterprise, institution, must be stored in the accounting department in special rooms or locked cabinets under the responsibility of persons authorized by the chief accountant. Forms of strict reporting should be stored in safes, metal cabinets or special rooms to ensure their safety. 6.3. The procedure for storing primary and output documents on machine-readable media is defined in the relevant regulatory documents governing the maintenance of accounting in the conditions of its mechanization (automation). 6.4. Manually processed primary documents of the current month, related to a certain accounting register, are completed in chronological order and are accompanied by a certificate for the archive. Cash orders, advance reports, bank statements with related documents must be selected in chronological order and bound. Certain types of documents (work orders, shift reports) can be stored unbound, but filed in folders to prevent their loss or misuse. 6.5. The shelf life of primary documents, accounting registers, accounting reports and balance sheets in the archives of an enterprise, institution is determined in accordance with the List of standard documentary materials generated in the activities of ministries and other institutions, organizations and enterprises, indicating the storage periods for materials approved by the Main Archive Directorate under the Council of Ministers of the USSR . 6.6. The safety of primary documents, accounting registers, accounting reports and balance sheets, their execution and transfer to the archive is ensured by the chief accountant of the enterprise, institution. The issuance of primary documents, accounting registers, accounting reports and balance sheets from the accounting department and from the archives of the enterprise, institution to employees of other structural divisions of the enterprise, institution, as a rule, is not allowed, and in some cases can only be carried out by order of the chief accountant. 6.7. Withdrawal of primary documents, accounting registers, accounting reports and balance sheets from enterprises, institutions can be carried out only by bodies of inquiry, preliminary investigation, prosecutor's office and courts on the basis of a decision of these bodies in accordance with the current criminal procedure legislation of the USSR and the Union republics. The withdrawal is documented in a protocol, a copy of which is handed against receipt to the relevant official of the enterprise, institution. With the permission and in the presence of representatives of the bodies making the seizure, the relevant officials of the enterprise, institutions can make copies of the documents being seized, indicating the grounds and date of their seizure. If incomplete volumes of documents are seized (not filed, not numbered, etc.), then with the permission and in the presence of representatives of the bodies making the seizure, the relevant officials of the enterprise, institutions can finalize these volumes (make an inventory, number the sheets, lace, seal , certify with your signature, seal). 6.8. In case of loss or destruction of primary documents, the head of the enterprise, institution appoints by order a commission to investigate the causes of loss, death. In necessary cases, representatives of the investigating authorities, security and state fire supervision are invited to participate in the work of the commission. The results of the commission's work are formalized by an act, which is approved by the head of the enterprise, institution. A copy of the act is sent to a higher organization. Responsibility for the safety of documents of the organizationFor violation of the terms and procedure for storing documents, administrative responsibility is established in accordance with the Code of Administrative Offenses of the Russian Federation. The head of the company is responsible for the storage of accounting documents. At the same time, the head of the organization will be responsible for organizing the storage of primary accounting documents, accounting registers and financial statements in the organization: Article 7. Organization of accounting 1. Accounting and storage of accounting documents shall be organized by the head of an economic entity. 2. In the event that an individual entrepreneur, a person engaged in private practice, keep accounting in accordance with this Federal Law, they themselves organize accounting and storage of accounting documents, and also bear other obligations established by this Federal Law for the head of an economic subject. 3. The head of an economic entity, with the exception of a credit organization, shall be obliged to entrust bookkeeping to the chief accountant or other official of this entity, or to conclude an agreement on the provision of accounting services. The head of a credit organization is obliged to entrust accounting to the chief accountant. The head of a small and medium-sized business may take over the accounting. For violations of the rules for storing personnel documentation, liability is also provided, which is regulated by the Code of Administrative Offenses of the Russian Federation. This can be either a warning or a fine of 300-500 rubles: Article 13.20. Violation of the rules of storage, acquisition, accounting or use of archival documents Violation of the rules for storing, compiling, recording or using archival documents, with the exception of cases provided for in Article 13.25 of this Code - (as amended by Federal Law No. 9-FZ of 09.02.2009) up to three hundred rubles; on officials - from three hundred to five hundred roubles. (as amended by Federal Law No. 116-FZ of June 22, 2007). Table: "Terms of storage of documents of organizations"According to federal laws and other regulatory legal acts of the Russian Federation.
Based on materials: buhgalteria.ru, www.osgrm.ru |
Type of documents |
Shelf life |
Legislation |
Accounting statements and accounting registers |
||
Annual financial statements* |
At least 10 years |
Clause 1 of Article 17 of Law No. 129-FZ and clause 135 of the List |
Consolidated annual financial statements* |
Until the liquidation of the organization** |
|
Quarterly financial statements* |
At least 5 years (in the absence of annual financial statements - at least 10 years) |
|
Monthly financial statements* |
At least 1 year (in the absence of annual, quarterly financial statements - at least 10 years) |
|
Transfer, separation, liquidation balance sheets, applications and explanatory notes to them |
Until the liquidation of the organization** |
Item 136 of the List |
Accounting registers (general ledger, order journals, development tables, turnover sheets, etc.) |
At least 5 years, subject to the completion of an audit or audit (for example, tax) and the absence of disputes and disagreements *** |
Paragraph 1 of Article 17 of Law No. 129-FZ and paragraphs 148 and 168 of the List |
Working chart of accounts and other accounting policy documents |
At least 5 years after the year in which they were last used for the preparation of financial statements |
Clause 2 of Article 17 of Law No. 129-FZ |
О reporting on taxes (fees) and documents required for the calculation of taxes (fees) |
||
Annual tax returns (tax returns) |
At least 10 years |
Item 170 of the List |
Quarterly tax reports (tax returns) | ||
Monthly tax reports (tax returns) |
At least 1 year (in the absence of quarterly - at least 5 years) |
|
Invoices |
Item 150 of the List |
|
Purchase books, sales books |
At least 5 full years from the date of the last entry |
Clauses 15 and 27 of the Rules for keeping registers of received and issued invoices, books of purchases and books of sales when calculating value added tax, approved by Decree of the Government of the Russian Federation of December 2, 2000 No. 914 |
Documents confirming the amount of tax loss of previous years, the amount of which is carried forward when calculating income tax |
At least 4 years after the end of the tax period, the tax base on the basis of which was reduced by the amount of losses of previous years |
Clause 4 of Article 283 of the Tax Code of the Russian Federation |
Documents confirming the amount of loss from previous tax periods, the amount of which is carried forward when calculating the unified agricultural tax or tax paid when applying the simplified tax system |
Clause 5 of Article 346.6 and Clause 7 of Article 346.18 of the Tax Code of the Russian Federation |
|
Source documents |
||
Primary documents and annexes to them, which recorded the fact of a business transaction and served as the basis for accounting records (cash, bank documents, acts of acceptance, delivery, write-off of property and goods and materials, waybills, advance reports, etc.) |
At least 5 years, subject to the completion of an audit or audit (for example, tax) and the absence of disputes and disagreements *** |
Clause 1 of Article 17 of Law No. 129-FZ and clause 150 of the List |
Waybills |
At least 5 years |
Clause 18 of the Mandatory details and the procedure for filling out waybills approved by order of the Ministry of Transport of Russia dated September 18, 2008 No. 152 |
Personal accounts of employees |
At least 75 years old |
Item 153 of the List |
Documents for the issuance of wages, benefits, fees, material assistance and other payments |
At least 5 years, subject to the completion of an audit or audit (for example, tax) and the absence of disputes and disagreements ***, and in the absence of personal accounts - at least 75 years |
Item 155 of the List |
executive documents |
At least 5 years |
Item 162 of the List |
Documents on receivables and payables (certificates, reconciliation acts, correspondence, etc.) |
Item 163 of the List |
|
Documents on shortages, embezzlement, theft |
||
Documents on payment of study holidays |
Item 165 of the List |
|
Documents on the revaluation of fixed assets, determining the depreciation of fixed assets, assessing the value of the organization's property |
Until the liquidation of the organization** |
Item 166 of the List |
Documents on depreciation deductions (acts, statements, calculations) |
At least 5 years |
Item 167 of the List |
Documents on the acceptance and transfer of bills, their payment or exchange |
Item 179 of the List |
|
Documents on the conduct of foreign exchange and exchange transactions, transactions with grants |
Until the liquidation of the organization** |
Item 181 of the List |
Documents on the inventory of fixed assets, property, buildings and structures, goods and materials (inventory lists, acts, statements, minutes of meetings of inventory commissions) |
At least 5 years, subject to the completion of an audit or audit (for example, tax) and the absence of disputes and disagreements *** |
Item 192 of the List |
Treaties and contracts |
||
Contracts, agreements (credit, economic, operational) |
At least 5 years after the expiration of the contract, agreement |
Item 186 of the List |
Transaction passports |
Until the liquidation of the organization** |
Item 187 of the List |
Documents on acceptance of work performed (acts, certificates, invoices) |
At least 5 years, and in the absence of personal accounts - at least 75 years |
Item 188 of the List |
Liability agreements |
At least 5 years after the dismissal of the financially responsible person |
Item 189 of the List |
Personnel documents |
||
Collective agreement |
Until the liquidation of the organization** |
Item 275 of the List |
Documents on the transfer of employees to a shorter working day or a shorter working week |
At least 5 years |
Item 277 of the List |
Timesheets (charts), work time logs |
At least 1 year**** |
Item 281 of the List |
Documents on employee bonuses |
At least 5 years |
Item 293 of the List |
Employment contracts (contracts, agreements) |
At least 75 years old |
Item 338 of the List |
Personal cards of employees (including temporary workers) |
At least 75 years old |
Item 339 of the List |
Unclaimed work books, diplomas, certificates, certificates, certificates and other personal documents of employees |
Until demand, but not less than 50 years |
Item 342 of the List |
Books, magazines for the issuance of work books and inserts to them |
At least 50 years old |
Item 358 of the List |
Vacation schedules |
At least 1 year |
Item 356 of the List |
Labor protection documents |
||
Acts, safety regulations, documents on their implementation |
At least 5 years |
Item 295 of the List |
The list of professions with harmful working conditions, approved by the organization |
Before replacement with a new one**** |
Item 304 of the List |
Lists of workers in production with harmful working conditions |
At least 75 years old |
Item 305 of the List |
Report cards and outfits for workers of hazardous professions |
At least 75 years old |
Item 305 of the List |
Acts of investigation of occupational poisonings and diseases |
At least 45 years old |
Item 312 of the List |
Magazines, books of accounting for preventive work, safety briefing |
At least 10 years |
Item 316 of the List |
Safety assessment logs |
At least 5 years |
|
Documents on attestation of workplaces in terms of working conditions (protocols, statements, attestation cards for workplaces, etc.) |
Clause 332 of the List and clause 8 of the Procedure for attestation of workplaces in terms of working conditions, approved by order of the Ministry of Health and Social Development of Russia dated August 31, 2007 No. 569 |
|
Documents on cash register equipment (CCT) |
||
CCP Documentation***** |
At least 5 years from the date of expiration of the use of CCP |
Clause 14 of the Regulations on the registration and use of cash registers used by organizations and individual entrepreneurs, approved by Decree of the Government of the Russian Federation of July 23, 2007 No. 470 |
Used control tapes, fiscal memory drives and software and hardware that provide uncorrectable registration and non-volatile long-term storage of information |
||
Statistical papers |
||
Annual and more frequent statistical reports and tables |
At least 10 years |
Item 199 of the List |
Consolidated annual and more frequent statistical reports and tables |
Until the liquidation of the organization** |
|
Semi-annual statistical reports and tables |
At least 5 years (in the absence of annual - at least 10 years) |
|
Quarterly statistical reports and tables |
At least 5 years (in the absence of annual, semi-annual - at least 10 years) |
|
Monthly statistical reports and tables |
At least 1 year (in the absence of annual, semi-annual, quarterly - at least 10 years) |
|
* Accounting statements include balance sheets, appendices to them provided for by regulations, profit and loss statements, explanatory notes, audit reports confirming the accuracy of the organization's financial statements (if it is subject to mandatory audit) and other specialized forms (clause 2 of Art. 13 of Law No. 129-FZ). |
The tax base and the amount of tax are determined at the end of the tax period (clause 1, article 55 of the Tax Code of the Russian Federation). For most taxes, this period is the calendar year. The exception is VAT, the tax period for which is a quarter. Thus, the period of storage of documents necessary for the calculation and payment of taxes must be counted from the day following the end of the tax period.
Example 1
Hyacinth LLC was registered in April 2004. The organization applies the general system of taxation.
The four-year period during which LLC "Hyacinth" must keep documents related to the calculations of income tax, UST, corporate property tax for 2004 is the period from January 1, 2005 to December 31, 2008. Accordingly, the documents used to calculate the specified taxes for 2005, the organization will be obliged to keep until December 31, 2009.
The working chart of accounting accounts, other accounting policy documents, as well as computer data processing programs should be kept for at least five years after the year in which they were last used to prepare financial statements (clause 2, article 17 of Law No. 129-FZ)
Until 2008, the tax period for VAT was set as a calendar month, and for certain categories of taxpayers - as a quarter (Article 163 of the Tax Code of the Russian Federation)
Taxpayers are required to submit to the tax authorities and their officials the documents necessary for the calculation and payment of taxes (subclause 6, clause 1, article 23 of the Tax Code of the Russian Federation)
Tax agents are required to submit to the tax authority at the place of their registration the documents necessary to monitor the correctness of the calculation, withholding and transfer of taxes (subclause 4, clause 3, article 24 of the Tax Code of the Russian Federation)
The loss identified at the end of 2001 (before the entry into force of Chapter 25 of the Tax Code of the Russian Federation) can be carried forward to the future in an amount not exceeding the amount of the loss recorded as of July 1, 2001 (clause 4, article 10 of the Federal Law of 06.08 .2001 No. 110-FZ)
At the same time, within the framework of an on-site tax audit, a period not exceeding three calendar years preceding the year in which the decision to conduct an audit was made (clause 4, article 89 of the Tax Code of the Russian Federation) can be audited. For example, a tax audit scheduled for 31 December 2008 could cover 2005-2007 and last for a maximum of six months in 2009. This means that during the entire time of the audit, the organization is obliged to keep documents related to tax calculations for the audited period. But she is already obliged to do this in accordance with Law No. 129-FZ. After all, the basis for calculating taxes, as a rule, are the same primary accounting documents that are used to reflect transactions in accounting. The minimum storage period for such documents is five years (clause 1, article 17 of Law No. 129-FZ). It turns out that, according to the legislation on accounting, during the current year, the organization is obliged to keep documents related to tax calculations for those periods that the tax authorities can no longer check.
The period of storage of books of purchases and books of sales is specially stipulated. It is established in paragraphs 15 and 27 of the Rules for maintaining registers of received and issued invoices, books of purchases and books of sales when calculating value added tax, approved by Decree of the Government of the Russian Federation of December 2, 2000 No. 914. Its minimum duration is five full years from the date of the last entry in the indicated documents.
We also note that, according to paragraph 150 of the List, the organization must store invoices issued and received for at least five years. However, if in the course of a tax or other audit, disagreements arose with the inspectors, then the invoices must be kept until a final decision is made on the results of this audit.
Although invoices must be kept for a minimum of five years, an organization is not required to submit, upon request by the tax authority, invoices that have already expired for four years. For example, having received in 2009 a request from the tax inspectorate to submit an invoice for 2004, the taxpayer (tax agent) may not comply with it.
Example 2
Let's use the condition of example 1. Let's say that until 2008 the tax period for VAT for LLC "Hyacinth" was a calendar month.
Purchase books and sales books for April 2004 must be kept by the organization until April 30, 2009 (provided that the last entries in them were made in April 2004).
The five-year storage period for issued and received invoices is calculated from January 1 of the year following the year of their preparation - from January 1, 2005. That is, invoices dated April 2004 must be kept by Hyacinth LLC until December 31, 2009.
Since in 2004-2007 the company's VAT tax period was a calendar month, the four-year retention period for other documents required for VAT calculation is determined for each month. The mandatory minimum storage period for documents used by the organization to calculate VAT for April 2004 is from May 1, 2004 to April 30, 2008.
The four-year period for keeping documents relating to the calculation of VAT for the 1st quarter of 2008 begins on April 1, 2008 and ends on March 31, 2012. Purchase books and sales books for the 1st quarter of 2008 the company will be required to keep until March 31, 2013 (if the last entries in them were made in March 2008), and invoices for this period - until December 31, 2013.
So, primary accounting documents must be kept for at least five years. However, in some situations, supporting documents should be kept much longer.
Scenario 1: An organization carries forward losses into the future
In accordance with Article 283 of the Tax Code of the Russian Federation, a company that pays income tax has the right to reduce the tax base of the current tax period by the amount of the loss it received in previous tax periods. The loss can be carried forward to the future within ten years following the tax period in which it was received (clause 2, article 283 of the Tax Code of the Russian Federation).
During the entire period of the loss carry forward, the organization must keep documents confirming the amount of the loss incurred. This is stated in paragraph 4 of Article 283 of the Tax Code of the Russian Federation. In a letter dated 03.04.2007 No. 03-03-06/1/206, the Ministry of Finance of Russia explained that the write-off of losses is possible only upon submission of primary documents confirming the financial result obtained.
Similar requirements are established for payers of the unified agricultural tax and organizations applying the simplified taxation system. When carrying forward losses, they are also required to keep documents confirming the amount of the loss incurred and the amount by which the tax base was reduced for each tax period. This is stated in paragraph 5 of Article 346.6 and paragraph 7 of Article 346.18 of the Tax Code, respectively.
Example 3
Azalia LLC is a payer of income tax. According to the results of 2003, a loss was received in the tax accounting of the organization. Its amount was carried forward during 2006-2008 in installments.
According to the requirements of the tax legislation, the organization was obliged to keep the primary accounting documents necessary for calculating income tax for 2003 for four years - until December 31, 2007. Since the tax bases of 2006-2008 are reduced by the amount of the loss in 2003, the company continues to keep these documents. It must retain them for another four years after the end of 2008 (the last year for which the tax base was reduced by the amount of the loss of previous years) - until December 31, 2012.
Situation 2. Losses of previous years are revealed or bad debts are written off
Losses of past tax periods identified by a taxpayer in the current reporting or tax period are equated to non-operating expenses on the basis of subparagraph 1 of paragraph 2 of Article 265 of the Tax Code of the Russian Federation. In other words, such losses reduce the income tax base for the period in which they were discovered.
In addition, the amounts of bad debts are also equated to non-operating expenses, and if the organization forms a reserve for doubtful debts, the amounts of bad debts not covered by the reserve (subclause 2, clause 2, article 265 of the Tax Code of the Russian Federation).
According to the general rule established in paragraph 1 of Article 252 of the Tax Code of the Russian Federation, when calculating income tax, only those expenses that are documented can be recognized. This means that in order to take into account for tax purposes the losses of previous years identified in the current year, or to write off bad debts, the organization must have the appropriate supporting documents. Moreover, it is required to keep these documents for at least four years after the end of the year for which the tax base was reduced by the amount of the specified loss or bad debt written off.
Situation 3. The organization owns fixed assets
Suppose a company owns a fixed asset that was purchased more than ten years ago. It would seem that the period of storage of documents on its acquisition and commissioning has already expired.
However, such documents must be retained for the entire useful life of the item. Indeed, during this period, the organization accrues depreciation in tax and accounting. In order to recognize depreciation charges, during the entire period of depreciation, it must have documents confirming the acquisition of the facility and its commissioning.
In addition, the company pays property tax on the residual value of fixed assets. Therefore, to justify the calculations for this tax, she also needs the named documents.
Suppose an organization decides to sell depreciable property. According to subparagraph 1 of paragraph 1 of Article 268 of the Tax Code of the Russian Federation, she has the right to reduce the income received from the sale by the residual value of this property. But the residual value of the object, again, must be confirmed by the relevant documents.
Thus, even if an organization that owns depreciable property does not plan to sell it, it is advisable for it to keep documents on the acquisition of this property, its commissioning, and the calculation of depreciation amounts throughout the entire period of the company's operation.
In the event of the sale of other property (with the exception of securities, products of its own production, purchased goods), the organization reduces the income received by the price of acquiring or creating this property (subclause 2, clause 1, article 268 of the Tax Code of the Russian Federation). Naturally, provided that she can confirm the indicated price with documents. In the absence of such documents, the company is not entitled to reduce the tax base for income tax by the amount of expenses for the acquisition of property, since these expenses do not meet the requirements of paragraph 1 of Article 252 of the Tax Code of the Russian Federation. The terms of storage of these documents in this case do not matter. A similar position is given in the letter of the Ministry of Finance of Russia dated September 15, 2005 No. 03-03-02 / 84.
Document storage
Reasonable and documented expenses of the taxpayer are recognized as expenses, and in the cases provided for in Article 265 of the Tax Code of the Russian Federation, losses incurred by him (clause 1 of Article 252 of the Tax Code of the Russian Federation)
For tax purposes, the residual value of depreciable property is determined according to the rules set forth in paragraph 1 of Article 257 of the Tax Code of the Russian Federation
The list of documents of a joint-stock company, which it must store at the location of the executive body, is established in paragraph 1 of Article 89 of the Federal Law of 26.12. 95 No. 208-FZ
The conditions under which an EDS in an electronic document is equivalent to a handwritten signature in a paper document are specified in Article 4 of Federal Law No. 1-FZ of January 10, 2002 "On Electronic Digital Signature"
Organizations whose documents are not subject to acceptance in state or municipal archives destroy documents with expired storage periods without the consent of the archival authorities (clause 3.9 of the Instructions)
The head of the organization is responsible for organizing the storage of accounting documents, accounting registers and financial statements (clause 3, article 17 of Law No. 129-FZ)
Each organization determines the place of storage of documents independently. As a rule, most of the documents are placed at the company's office. With significant volumes of documentation, it is advisable to allocate a special place for the archive or even rent a separate room where to transport processed documents that are no longer used in the current work.
Another option is to transfer documents for storage to a specialized archival company. However, if the organization is a joint-stock company, then it needs to take into account the following feature. Paragraph 2 of Article 89 of Federal Law No. 208-FZ of December 26, 1995 states that a joint-stock company must store a number of documents at the location of its executive body. Such documents, in particular, include financial statements, accounting documents, documents confirming the company's rights to property on its balance sheet.
Naturally, over time, the volume of archives of any organization increases, new premises are required to accommodate them. Maybe it is more convenient to store documents not in paper, but in electronic form?
This possibility is directly provided for in relation to primary accounting documents and accounting registers (clause 7, article 9 and clause 1, article 10 of Law No. 129-FZ). In addition, article 314 of the Tax Code of the Russian Federation states that tax accounting registers are maintained on paper, in electronic form or in any machine media. At the same time, they must be protected from unauthorized corrections.
In a letter dated July 24, 2008 No. 03-02-07 / 1-314, the Ministry of Finance of Russia explained that the storage of primary documents, accounting and tax accounting documents is allowed in electronic form, unless otherwise provided by the regulatory legal acts of the Russian Federation and provided that electronic documents certified with an electronic digital signature (EDS).
The basic rules for the work of the archives of organizations were approved by the decision of the collegium of the Federal Archives of February 6, 2002 (hereinafter - the Basic Rules). Clause 2.3.1 of the Basic Rules establishes that it is necessary to conduct an annual examination of the value of documents, that is, to determine the terms of their storage and select documents for long-term storage and destruction.
Destruction and disposal of documents
Documents whose storage period has expired, the organization has the right to destroy on its own (tear manually or with a shredder, throw away, burn) or transfer for disposal to a specialized company engaged in the processing of secondary raw materials. The list of documents to be destroyed or disposed of is approved by the head of the organization. It can be issued in the form of an order or order of the head or in the form of an act developed by the company independently. An example of such an act is given below.
Picture. Sample act on the selection of documents for destruction
In addition, the organization can use a sample act on the allocation for destruction of documents that are not subject to storage. Its form is approved in Appendix No. 4 to the Basic Rules.
When compiling a list of documents to be destroyed, it is not necessary to indicate the details of each document. This follows from the provisions of paragraph 2.4.5 of the Basic Rules. It states that homogeneous cases (documents) are entered into the act under a general heading indicating the number of cases assigned to this group (for example, advance reports for 2000).
The transfer of documents for recycling is issued with an invoice, which indicates the date of transfer, the number of transferred documents (number of folders, boxes, etc.) and the weight of waste paper. Loading and removal for disposal are carried out under the control of the employee responsible for the safety of documents in the organization (clause 2.4.7 of the Basic Rules).
If the company destroys documents on its own, it draws up this fact with a separate act on the destruction of documents. Since there is no unified form, it is also compiled in an arbitrary form. Note that the destruction of documents after the expiration of the storage period is the right, and not the obligation of the organization (see letter of the Ministry of Finance of Russia dated October 18, 2005 No. 03-03-04 / 2/83). In other words, a company can continue to store documents even after their mandatory retention period has expired.
Responsibility for the loss of documents
tax. The taxpayer's lack of primary documents, invoices or accounting registers is regarded as a gross violation of the rules for accounting for income and expenses and objects of taxation. For such a violation, Article 120 of the Tax Code provides for liability in the form of a fine in the amount of:
5000 rubles, - if there are no documents for one tax period;
15 000 rub. - in the absence of documents for more than one tax period;
10% of the amount of unpaid tax, but not less than 15,000 rubles, if the tax base was underestimated due to the lack of documents.
In addition, if a taxpayer (fee payer, tax agent) fails to submit documents or other information at the request of the tax inspectorate, he will be charged a fine of 50 rubles. for each unsubmitted document (clause 1, article 126 of the Tax Code of the Russian Federation).
Administrative. Violation of the rules for storage, acquisition, accounting or use of archival documents shall entail a warning or the imposition of an administrative fine on officials in the amount of 300 to 500 rubles. This is stated in article 13.20 of the Code of Administrative Offenses of the Russian Federation. For violation of the procedure and terms of storage of accounting documents, officials may be subject to an administrative fine in the amount of 2,000 to 3,000 rubles. (Article 15.11 of the Code of Administrative Offenses of the Russian Federation).
Criminal. Theft, destruction, damage or concealment of official documents, committed out of mercenary or other personal interest, is punishable by a fine of up to 200,000 rubles. or in the amount of the wage or other income of the convicted person for a period of up to 18 months, or by corrective labor for a term of up to two years, or by arrest for a term of up to four months, or by deprivation of liberty for a term of up to one year (Clause 1, Article 325 of the Criminal Code of the Russian Federation)