Credit Memo

A credit is on the one hand, the colloquial name for the correction of a statement in favor of the beneficiary as a result of a complaint; However, the legally correct term for this is a reduction pursuant to § 441 para 1 BGB. On the other hand, can be understood in a bank account at a bank credit that a credit balance and increasing the debit balance diminishing credit entry. Furthermore, a billing credit can be used in place of an invoice for billing of a service.

Bank credit

As a bank credit payments to be understood in a bank account. According to settled case-law of the Federal Court granted the credit account is an abstract promise of debt by a credit institution in accordance with § 780 BGB against the account holder. In the credit of the bank customer acquires an immediate, but kontokorrentgebundenen claim against his bank for payment of the credited amount. However, this credit is still subject to the bank's internal Nachdisposition (in particular the subsequent verification of compliance of account number and recipient name), which is considered complete with credit in the statement.

It was not until the final account credit applies to owe money as a fulfillment of the debt by the debtor. This prevailing opinion today is derived from European law provisions of the Late Payments Directive, which according to No. 13 but only in commercial transactions between businesses and expressly does not apply to consumers. After that owe money should be treated as modified Bring debt with the result that the power and Erfolgsort coincide at the headquarters of the creditor. A ruling by the European Court of Justice in April 2008 a payment by a debtor is only made ​​on time if the creditor has actually receive the amount within the payment period by account credit. The debtor must therefore ensure that he not only gives up its bank transfer in time at the bank managing, but the amount of money is credited to the creditors even before the due date. Therefore, § 270, paragraph 4 BGB today regarded only as a provision on the jurisdiction, so that these 29 ZPO principle is the residence of the debtor pursuant to §. Since the judgment of the ECJ does not apply if one of the parties is a private individual, remains to be seen how the jurisprudence future developed here in terms of consumers as participants.

According to § 675T BGB payments are to be posted immediately upon receipt, the value date must the same day as the date of receipt of payment done. However, the booking of a credit on the following business day to the input remains admissible if it is made immediately. Business days are defined here as working days except Saturday and Sunday, in which all credit institutions involved in the execution are usually open for the customer traffic. Not to be days when so include both holidays and other bank holidays.

In the context of Section 8 Terms banks credit institutions shall have a right of cancellation of credits under certain conditions. Without legal basis granted credits can according to the principles of unjust enrichment ( § 812 para 2 BGB) will be reclaimed. This is done by reverse entry that may be made ​​when at a " E. v. " credit, the collection documents have not been redeemed.

The credit of collection documents such as checks, drafts or direct debits are the usual bank credit note on the bank statement and still does not represent a final credit " subject to collection (E v.. )"; until redemption of these securities by the debtor ( check issuer, exchange -related ) and whose money debt is extinguished and become the final credit. The Notice clarifies that credit institutions have every right to timely chargeback, the affected debt collection documents from the debtor should not be redeemed. The " E. v. " credit is subject to the condition of redemption by the debtor.

Billing credit

With a billing credit delivery or performance, as well as with a bill settled. However, the billing credit provides from the beneficiaries and not the service provider.

The credit authorized pursuant to § 14 para 2 of the Law on turnover tax to deduct when the following conditions are met:

  • The performing entrepreneur ( recipient of the credit ) must be authorized to mention the tax separately in an invoice.
  • Consent must be over between the exhibitor and the recipient of the credit that is settled with a credit note for the delivery or other performance.
  • The credit must contain the same information as an invoice.
  • The credit must have been sent to the supplier.

The billing credit loses the effect of a statement when the receiver is contrary to the tax statement contained in it. Does not contradict the statement credit the receiver to high tax ID, so he owes to the high amount. For this purpose, a change in the law is retroactive to June 20, 2013 entered into force. Billings that occur on the path described above are since compelling to title with credit, otherwise the deduction is lost. This applies particularly to commission statements, agency accounts and agency accounts. Cancellation invoices that are created often under the name of credit are not affected. These may be called credit, since this has no impact on the sales tax.