Credit
Under credit ( English credit ) are understood in banking the a credit balance increasing and the target net -reducing or transforming into a credit balance credit posting on a bank account . It is also the colloquial term for the correction of an invoice in favor of the service recipient , for example as a result of a complaint ; the legally correct expression for this, however, is a reduction in accordance with Section 441 (1) BGB. Furthermore, a billing credit can be used instead of an invoice to bill a service . The opposite is the burden .
Bank credit
A bank credit means incoming payments to a bank account . According to the established case law of the Federal Court of Justice , the granted account credit is an abstract promise of debt by a credit institution according to Section 780 of the German Civil Code (BGB) to the account holder. With the credit, the bank customer acquires a direct, however, current account-related claim against his bank to pay out the credited amount. However, this credit is still subject to the bank's internal reorganization (in particular the subsequent verification of the correspondence between the account number and the recipient name), which is deemed to be completed with a credit in an account statement .
It was not until the final account credit applies to owe money as fulfillment of the debt by the debtor . This prevailing opinion today results from European law requirements of the Late Payment Directive , which according to No. 13 only applies to business transactions between companies and expressly not to consumers . According to this, monetary debts are to be treated as modified bringing debts with the consequence that the place of performance and the place of success coincide at the place of business of the obligee. According to a ruling by the European Court of Justice in April 2008, the debtor only made a timely payment if the creditor actually received the amount by crediting the account within the payment period. The debtor must therefore ensure that he not only submits his bank transfer to his account-holding bank in good time, but that the amount of money is also credited to the creditor on the due date at the latest. Therefore, Section 270 (4) of the German Civil Code (BGB) is now only understood as a provision regarding the place of jurisdiction , so that, according to Section 29 of the German Code of Civil Procedure, this is basically the debtor's place of residence. Since the judgment of the European Court of Justice does not apply either if one of the parties involved is a private person, it remains to be seen how future case law will develop here with regard to consumers as parties involved.
According to Section 675t of the German Civil Code ( BGB), incoming payments must be posted immediately after receipt; the value date must be on the same day as the date of receipt of payment. Posting a credit note on the business day following receipt remains permissible if it is made immediately . Business days are defined as working days, with the exception of Saturday and Sunday, on which all banks involved in the execution are usually open to customers. Business days do not include both public holidays and other bank holidays .
Within the scope of Section 8 of the General Terms and Conditions for Banks , the credit institutions have the right to cancel credits under certain conditions . Credits issued without a legal basis can be reclaimed in accordance with the principles of unjust enrichment ( Section 812 (2) BGB). This is done through a cancellation booking, which may also be made if an "E. v. “- Credit the collection papers have not been redeemed.
Debt collection papers such as checks , bills of exchange or direct debits are credited with the customary bank credit note “Subject to receipt (E .v.)” On the account statement and does not yet constitute a final credit; Only when these papers are redeemed by the debtor (check issuer, person drawing a bill ) is the debtor's debt also extinguished and the credit note final. The note makes it clear that the credit institutions have a right of chargeback at any time if the debtor does not redeem the collection papers concerned. The "E. v. “- Credit is subject to the condition precedent that it is redeemed by the debtor.
Settlement credit
A delivery or service is invoiced with a settlement credit, just like an invoice. However, the billing credit is issued by the recipient of the service and not the provider.
The credit authorized by § 14 paragraph 2 of the. Sales tax law to deduct if the following conditions are met:
- The performing entrepreneur (recipient of the credit) must be entitled to separately identify the tax in an invoice.
- The issuer and the recipient of the credit must agree that the delivery or other service will be billed with a credit.
- The credit note must contain the same information as an invoice.
- The credit must have been forwarded to the company making the payment.
The settlement credit loses the effect of an invoice if the recipient objects to the tax statement it contains. If the billing credit recipient does not contradict the excessively high tax statement, he owes the excessively high amount. A change in the law came into force retrospectively on June 20, 2013. Since then, statements made in the way described have to be labeled with a credit note, otherwise the input tax deduction will be lost. This applies in particular to commission statements, commercial agent statements and agency statements. Cancellation invoices, which are often issued under the designation credit, are not affected. These may continue to be called credit as this has no effect on sales tax.
See also
Web links
- No more bills? GULP knowledgebase for the credit note procedure
Individual evidence
- ↑ Guido Toussaint, The Law of Payment Transactions at a Glance , 2009, p. 56
- ↑ Directive 2000/35 / EC of June 29, 2000, Official Journal L 200, p. 35 (PDF)
- ↑ ECJ, judgment of April 3, 2008, Az .: C-306/06 = NJW 2008, 1935
- ↑ so now Palandt, BGB, 2010, § 270 no. 1; Staudinger, comment on the judgment of the ECJ, DNotZ 2009, 198
- ↑ Bundestag printed paper 16/11643 of January 21, 2009, p. 112 (PDF; 2.4 MB)
- ↑ according to no. 23 AGB-Sparkassen
- ↑ sales tax; Issuing of invoices - amendments to §§ 14, 14a UStG by the Administrative Assistance Directive Implementation Act, Federal Ministry of Finance, October 25, 2013
