Unfortunately, the domestic economy is going through hard times. Many business owners have to decide on suspension or even liquidation the company. Should the company submit tax statements in case of suspension of operations for uncertain period or its liquidation?
Please be remined, that business liquidation happens when a company stops to work and carry out its primary duty - making a profit . For this might be The many reasons many, including company restructuring or bankruptcy. Liquidation could be voluntary or compulsory. In first situation, founders make decision to stop business. The company is liquidated compulsory if its operations contravene the law or the company operates without a license. Under these conditions, bankruptcy and liquidation are carried out by the court .
According to Article 16 of the Tax Code of Ukraine of 02.12.2010 № 2755-VI (hereinafter - TCU) taxpayer should:
- be registered in regulatory authorities in accordance with the laws of Ukraine;
- keep accounts of income and expenses, prepare reports relating to the calculation and payment of taxes and fees;
- submit to the supervisory authorities in the manner, prescribed by the tax and customs legislation, declarations, statements and other documents relating to the calculation and payment of taxes and duties ;
- pay taxes and fees on the terms and in the amounts, established by the Tax Code of Ukraine and the laws on customs.
According to p.46.1 of Article 46 of the TCU Tax Declaration – the document submitted by the taxpayer to the supervisory authority in the terms, established by law under which is carried out the calculation and/or payment of tax liability, or the document that indicates the amount of income accrued (paid) for the benefit of taxpayers - individuals, the amounts withheld and/or paid taxes. Appendixes to the Tax Declaration are its integral part.
By p. 49.1 of Article 49 is stated that Tax Declarations is submitted for the reporting period in terms, prescribed by TCU, to the regulatory authorities. Tax payer obliged to submit for each reporting period Tax Declaration with respect to each tax which should be paid in accordance with TCU regardless of economic activity during the reporting period.
Thus, the legislation of Ukraine does not offer any exemption from the obligation to submit tax statements by tax payer who has to suspend for a specified period its activity. Statements should be submitted to the Ministry of Revenue and Duties of Ukraine to when taxpayer be liquidated totally.
