The legal entity found an error in the previously filed tax return on land rent. How and when to file a clarifying tax return?
Algorithm of actions
A legal entity has the right to independently file a clarifying tax return, pursuant to Art. 50 of the Tax Code of Ukraine (hereinafter – the Tax Code) in terms of statute of limitations specified in Art. 102 of the Tax Code, but not later than the end of 1095 days following the last day of the deadline for its submission, including the suspension of such deadlines set out in item 52 note 2 section 10 chap. XX “ “Transitional Provisions” of the Tax Code.
Thus, item 286.2 Art. 286 of the Tax Code stipulates that payers of land fees (except for individuals) independently calculate the amount of land fees annually as of January 1 and no later than February 20 of the current year, submit tax return for the current year to the relevant supervisory authority at the location of the land, in the manner prescribed by Art. 46 of the Tax Code, with a breakdown of the annual amount in equal parts by month. The submission of such tax return exempts from the obligation to submit monthly declarations.
The land tax payer has the right to file a monthly tax return, which exempts such a payer from the obligation to file a tax return no later than February 20 of the current year, within 20 calendar days of the month following the reporting month (item 286.3 of Art. 286 of the Tax Code).
The tax liability for land fees, determined in the tax return for the current year, is paid in equal shares by owners and land users of land plots at the location of the land plot for the tax period equal to one calendar month, monthly for 30 calendar days following the last calendar day following the tax (reporting) month (item 287.3 of Art. 287 of the Tax Code).
If in future tax periods (taking into account the statute of limitations specified in Art. 102 of the Tax Code) the taxpayer independently (including the results of electronic verification) finds errors contained in previously submitted tax return (except for restrictions specified in Art. 50 of the Tax Code), such a taxpayer is obliged to send a clarifying calculation to such a declaration in the form valid at the time of submission of the clarifying calculation (item 50.1 of Art. 50 of the Tax Code).
The procedure for applying the statute of limitations by controlling bodies during inspections of local taxes and fees is established by the requirements of Art. 102 of the Tax Code. In particular, according to para. 4 item 102.1 of Art. 102 of the Tax Code on local taxes and/or fees, which provide for the submission of an annual tax return, the controlling authority, except as provided in item 102.2 of Art. 102 of the Tax Code, has the right to independently determine the amount of monetary liabilities, in case of finding during audit of understatement of the amount determined by the taxpayer tax liability from these taxes, not later than 1095 days following the last day of payment deadline for these taxes payment, determined by the relevant sections of the Tax Code.
