The entrepreneur drew up the tax invoice ahead of time and registered it with the Unified Register of Tax Incomes, however, the business transaction for the sale of the goods did not take place later. How to correct the error – read further.
Accounting rules
According to item 44.1 of the Tax Code of Ukraine (hereinafter – the Tax Code), for tax purposes, taxpayers are required to keep records of income, expenses and other indicators related to the determination of the objects of taxation and/or tax liabilities, based on primary documents, accounting registers, financial statements, other documents, information related to the calculation and payment of taxes and fees, the maintenance of which is provided for by law.
Taxpayers are prohibited from forming indicators of tax reporting, customs declarations on the basis of data not confirmed by documents specified in para. 1 item 44.1 of the Tax Code.
Item 6 of ch. ІІІ of Procedure for filling out and submitting value-added tax tax returns, approved by Order of the Ministry of Finance No. 21 of January 28, 2016, stipulates that the data provided in the tax returns must correspond to the data of the payer's accounting and tax records.
Nuances of filling out tax invoice
According to item 201.1 of the Tax Code, on the date of the tax liability, the taxpayer is obliged to draw up a tax invoice in electronic form using a qualified electronic signature or an improved electronic signature based on a qualified electronic signature certificate of a person authorized by the taxpayer in accordance with the requirements of Law of Ukraine No. 2155-VIII of October 5, 2017 "On Electronic Identification and Electronic Trust Services" and to register it in the Unified Register of Tax Invoices (hereinafter – the Register ) within the deadline set by the Tax Code.
According to item 201.10 of the Code of Civil Procedure, when carrying out transactions for the supply of goods/services, the taxpayer - the seller of goods/services is obliged to draw up a tax invoice within the prescribed time frame, register it in the Register and provide it to the buyer at their request.
Correcting errors using adjustment calculation
Item 192.1 of the Tax Code provides for the possibility of calculating the adjustment to the tax invoice in the event that the taxpayer makes mistakes during its preparation, including those not related to the change in the amount of compensation for the value of goods/services.
Therefore, in the case of drawing up a tax invoice without the fact of carrying out a business transaction and registering it in the Register, the taxpayer can calculate the adjustment to it in order to correct the error.
In this adjustment calculation:
- the date on which the error was detected is indicated in the "Compilation date" field;
- in the header part of the adjustment calculation - data from the header part of the tax invoice with the individual tax number of the buyer for whom the tax invoice was drawn up by mistake (without the fact of carrying out business transactions);
- in section B – with the “–” sign (displayed as “0”), the relevant indicators of all lines of the tax invoice being adjusted (quantity, volume of supply and amount of VAT).
At the same time, the code "103" (return of goods or advance payments) is indicated in column 2.1 of the "reason code" of the adjustment calculation.
Such an adjustment calculation is subject to registration in the Register by the recipient of goods/services for whom such a tax invoice was drawn up.
