As it is known, tax invoices, drawn up and registered after July 1, 2017 for the buyer, are sufficient grounds for reflecting a tax credit.
However, are there any problems if an error to be made in the tax invoice in the code of the product or service?
According to para.201.10 of the Tax Code of Ukraine (hereinafter - TCU), tax invoices drawn up and registered after July 1, 2017 are sufficient grounds for the buyer to reflect the tax credit and do not require additional confirmation. In fact, this means that if the tax invoice is registered, then the buyer indicated in it has the right to reflect the tax credit on its basis without any fears (even if it contains errors).
Nevertheless, we can make a conclusion from the letter of the SFSU dated 12.03.2018, No. 961/6/99-99-15-03-02-15/ІПК that if the tax invoice contains an error in the name or code of the goods/services (namely, if such a name or code does not correspond to the original documents), for the buyer this may be the basis for the withdrawal of a tax credit.
It should be noted that the aforementioned norm in para.201.10 of TCU (which indicates the sufficiency of registration of a tax invoice for its reflection in the tax credit) was terminated before the entry into force of the Procedure for terminating the registration of a tax invoice/ adjustment calculation in the Unified Register of Tax Invoices, approved by the Cabinet of Ministers Ukraine dated February 21, 2018, No. 117 (hereinafter - Procedure No. 117). At the same time, as we see, the commented letter of the SFSU was issued before this Procedure came into force (this happened on March 22, 2018).
Consequently, since at the date of preparation of the letter to the SFSU there was no reason to apply the specified norm of para.201.10 of TCU, there is a hope that now (when Procedure No. 117, as well as the mentioned above norm of para. 201.10 of TCU already entered into force) the position of the controllers will change and they will agree that the fact of registration of the tax invoice is sufficient reason for its reflection in the tax credit.
The commented letter of the SFSU contains one more important conclusion
We believe that many of you are familiar with the problem of finding the correct product/service code in the tax invoice. In addition, controllers, as a rule, do not respond to the question of the classification of goods/services, but sent to the Chamber of Commerce and Industry (hereinafter - CCI). Could the inspectors, if they wish, challenge the conclusion of the CCI regarding the classification of the goods/services? The SFSU in the commented letter explicitly stated that the conclusion of the CCI regarding the classification of the goods/services is compulsory and the classification of the goods or services is considered to be correct.
