It should be recalled that on the entry into force of the Order of the Ministry of Finance “On approval of the forms and procedure for completion and submission of tax returns on value-added tax” of 28.01.2016 № 21 (hereinafter - the order № 21), there is a new form of VAT declarations and adjustment calculation of VAT liabilities due to correction of independently identified errors.
According to para.50.1 of the Tax Code of Ukraine (hereinafter - TCU) and Section IV of the Procedure for completion and submission of tax returns on value-added tax approved by the order № 21, the adjustment calculation of value-added tax (hereinafter - VAT) should be submitted in the following cases:
- if in future tax periods taxpayer independently identifies errors that exist in the previously submitted his/her declaration;
- in case of direction change of agreed budgetary compensation by the decision of the taxpayer.
The adjustment calculation to VAT declaration should be submitted only as a separate document starting from the day after the deadline for submission of the declaration (by this time a “new reporting” declaration to be submitted to correct the errors) within 1 095 days (para. 102.1 of TCU).
A taxpayer during the documentary scheduled and unscheduled inspections is not entitled to submit adjustment calculations to his/her tax returns previously submitted for any reporting (tax) period that to be verified by the controlling authority (para. 50.2 of TCU).
The form of adjustment calculation is a copy of the declaration and, therefore, its lines to be changed in the same way as the declaration changed.
In case of errors correction in lines of declaration previously submitted, to which the applications are to be added, so the appropriate applications should be added to the adjustment calculation. According to the fourth paragraph of sec.50.1 of TCU, the taxpayer is obliged to submit the adjustment calculation and pay the underpayment amount and fine in the amount of 3% of such amount before submitting the adjustment calculation. Thus, the amount of the fine should be reflected in line 18.3 of such calculation.
In fact, the adjustment calculation is two declarations: old figures are in its column 4 (containing the error), already corrected errors are reflected in column 5, and in column 6 are to be reflected the very error and its impact on the indicators of the calculation with a budget.
It should be reminded that the new form of the declaration contains the numbers and the names of the lines, other than the forms of declaration of the samples in 2014 and 2015. It is clear that the adjustment calculation has been also updated. For this very reason we suggest to enter in new form of adjusted calculation the old figures in the most suitably by sense new lines to adjust data in the previous years and long-time declarations.
If it is necessary to specify the data of “old” declaration form, which analogue does not exist in a new form, we recommend submitting an addition to the adjustment calculation, in which the lack of correction mechanism should be disclosed (in accordance with the requirements of para. 46.4 TCU).
