billing
Under settlement is compensation or offsetting mutual receivables and liabilities or mutual costs and revenues to understand.
General
Offsetting is a diffuse term that is always used when it comes to billing, offsetting , offsetting or balancing at least two opposing or corresponding economic variables. Who explains the allocation (off, compensation), exerts a annulling design law from which the requirements of the parties can go up to the amount of the smaller requirement. If the set-off is based on the right of set-off, the set-off is a unilateral declaration of intent requiring receipt ; the will of one of the parties is sufficient. Offsetting has the consequence that with mutual liabilities not everyone has to pay his own liability, but only one contractual partner, so that double payments are avoided.
Offsetting differs from offsetting in that only claims can be considered for offsetting, while other services can also be used as a basis for offsetting .
Offsetting types
There are clearings in a wide variety of specialist areas :
- In the case of cashless payment transactions , the crossed check according to Art. 39 Paragraph 1 SchG must bear the note "only for settlement" across the front, which means that it can only be credited to a current account on which it is offset against the existing balance .
- In a group, cash pooling is the equalization of liquidity by means of cash management , usually run by the parent company (or holding company ) , which withdraws excess liquidity from the group companies or compensates for liquidity shortfalls through loans.
- The internal cost allocation as a kind of secondary cost allocation has the purpose of the cost categories that cost center to charge that has also caused these costs.
- The current account according to Section 355 of the German Commercial Code (HGB) is a typical offsetting situation. This offsetting of mutual claims and liabilities results in a balance that can only be met by one business partner. The most important area of application is the current account .
- Corporate Legal : Set-off clauses are consolidated before the insolvency protect one standing outside the group contracting party. A group member therefore agrees in its terms of payment that claims of the contractual partner may be offset against claims of any group member. The group set-off clause is a means that large companies with strong bargaining power use "to enforce claims against poorly paid debtors by offsetting against a debtor's claim against another group company".
- Tenancy law : In March 2018, the Federal Court of Justice (BGH) issued a detailed position on the offsetting of rent payments (including advance payments on operating costs ). According to this, the provision of Section 366 (2) of the German Civil Code (BGB) is to be used analogously to determine the component of the respective gross rent (net rent or advance payment of additional costs owed ) against which the payments or credits are to be offset. The “lower security” criterion is decisive. As a result, insufficient payments or credits for the repayment of the respective gross rent must initially be offset against the claim contained therein for the provision of ancillary costs prepayments, because these can generally no longer be asserted after the settlement is ready or settlement has taken place and is therefore less certain than the net rental claim.
- In accounting, discounts are all procedures for the constant determination of a new inventory by offsetting incoming and outgoing items.
- Social law : The service provider responsible for a cash benefit can, in accordance with Section 52 of Book I of the Social Code, with the authorization of another service provider, offset their claims against the beneficiary against the cash benefit incumbent on them, provided that the offsetting is permitted under Section 51 of Book I of the Social Code. A pension insurance institution can therefore offset the cash benefits to be provided by the health insurance company , employment agency , professional association or another pension insurance institution against the entitled person.
- The transfer price is used in cost and performance accounting to offset goods and services exchanged internally between different organizational units of a company or between different companies in a group (e.g. receivables, deliveries of goods, licenses).
- The gross budget rule affects the accounting described in § 246 pronounced para. 2 HGB ban that balance sheet items of the asset side of a balance sheet not having items of liabilities , expenses not with income , land rights not to land loads may be offset. In this way, the gross principle is implemented in accounting .
All of these processes relate to economic variables such as receivables / liabilities, costs / income or credits, in which at least two economic subjects are involved and want to bring about a balance.
International
Offsetting is the legal term for offsetting in Switzerland ( Art. 120 OR ). According to this, if two people owe each other sums of money or other services that are similar in terms of their subject matter, each of them can offset their debt, insofar as both claims are due, with their claim. In bankruptcy, the creditors can set off their claims with those of the debtor in accordance with Art. 123 OR. In the case of Swiss bankruptcy , offsetting is generally permitted (Art. 123 Paragraph 1 in conjunction with Art. 213 Paragraph 1 DEBA ). In some cases, offsetting is even made easier in relation to the legal situation outside of bankruptcy (Art. 208 para. 1, 211 para. 1 DEBA), but in some cases it is made more difficult or prohibited (Art. 213 para. 2-4, 214 DEBA).
The international barter trade ( English barter ) is based on an offsetting procedure, which is to be qualified as "a system of deliberate offsetting with a large number of partners without the immediate compensation of services through payments by the business partner". In the barter business, cash payments are avoided because of a lack of money or foreign exchange . This also applies to the mutual offsetting of goods or services in compensation transactions . Settlement procedures are also used internationally for clearing and netting .
See also
Web links
- Literature on billing in the catalog of the German National Library
Individual evidence
- ↑ Carl Joseph Anton Mittermaier , Archive for Civilist Practice , Volume 200, 2000, p. 159
- ↑ Carl Joseph Anton Mittermaier, Archive for Civilist Practice , Volume 200, 2000, p. 159
- ↑ Klaus Peter Berger, The Offsetting Contract , 1996, p. 15
- ↑ Klaus Peter Berger, The Offsetting Contract , 1996, p. 48
- ↑ BGH MDR 1966, 923 , 926
- ↑ BGH, judgment of March 21, 2018, Az .: VIII ZR 68/17 = BGH NJW 2018, 3448
- ↑ Marc Hunziker / Michel Pellascio, Repetitorium Debt Enforcement and Bankruptcy Law , 2012, p. 275 f.
- ↑ OLG Munich, judgment of December 15, 1993, Az .: 7 U 4442/93; World Cup 1994, 1226
