The Office of the Commissioner for the Protection of the Entrepreneur's Rights in Moscow Region received the Tax Service answer confirmed the legality of returning the businessman overpaid fee to the social and pension funds.

    The Pension Fund of Russian Federation made this decision, having based on the budget legislation of Russian Federation and after considering the official request of Moscow Region Business Ombudsman Vladimir Golovnev.

    Over 45 415 rubles paid an individual entrepreneur as fees to Moscow Region Pension Fund in 2015-2016 years by mistake. But instead of the Moscow Region account, he transferred the money to the Moscow account. Thus, the current situation has increased in complexity when the equal amount was written off his account by Tax Service with Pension Fund demand. That is the sum was double written off the businessman account.

    The returning decision was suspended since the social fees administration was transferred to Federal Tax Service from 01.01.2017 year.

    "Having applied in alternation to regional PFR and FNS, the entrepreneur failed to get any result. He asked me for a support in November 2019 year.

    An extensive cooperation has been taken with Moscow Region Tax Service, 13th Moscow Region Interregional tax office, the 5th Moscow Region department of Pension Fund of Russian Federation, in order to restore the cards closed "Budget calculations", and as a result of all the social amounts paid within past few years. It was revealed that at the end of April of 2020 the social overpayment was 28 381 rubles. And the desired result was achieved. 

    The complainant could apply for money return to the territorial department of the Pension Fund. "- informed the Moscow Region Business Ombudsman Vladimir Golovnev. 

    In accordance to the article 21 of the 250 Federal Law of Russian Federation from 02.07.2016" On the amendments of the first and the second part of Tax Code of Russian Federation due to the transferring the administrating of social fees to pansion, social and medical insurance", the decisions of overpayment return for periods, reporting till January 1st of 2017 year, is taken by Russian Federation Pension Fund authorities.

    "Based on the PFR decision of overpayment returning, the Tax Office processes the requisition for the funds being returned with further transfer to Federal Treasury Office, as appropriate by location of service and accordance with the budget legislation of Russian Federation. "- concluded Vladimir Golovnev.