The Law of Ukraine “On Amendments to the Tax Code of Ukraine and some other legislative acts of Ukraine on balance providing of budget revenues in 2016” of 24.12.2015,№ 909-VIIImade amendments to the Tax Code of Ukraine (hereinafter - TCU) due to which the taxpayers to be entitled to save tax credit on VAT under invoices, where mandatory requisites specified incorrectly. But there is penalty in the amended TCU for mala fide suppliers, who prepared the tax invoice with mistakes.
According to para.201.10 of the TCU, a tax invoice with mistakes in the requisites specified by the para.201.1 of the TCU (except product code according to Ukrainian Classification of Goods for Foreign Economic Activity) that do not impede to identify the carried out operation, its content (product/service supplied), a period, parties and the amount of tax liabilities are the basis for appropriation of tax amounts to the tax credit by the buyer.
In case when the goods/services seller made mistakes when indicating the mandatory requisites of tax invoice provided for by para. 201.1 of TCU, and/or violation of registration deadlines of a tax invoice and/or adjustment calculation in the Unified Register of tax invoices by seller/buyer, the buyer/seller of such goods/services is entitled to add complaint about such seller/buyer to the tax invoice for the reporting period.
The mentioned right is preserved within 365 calendar days following the deadline for submission of the tax invoice for reporting (tax) period when the tax invoice to be not provided or mistakes made when indicating the mandatory requisites of tax invoice and/or deadlines for registration in the Unified Register of tax invoices violated.
There should be attached copies of sales receipt or other settlement documents certifying the fact of payment of the tax in connection with the acquisition of goods/services, or copies of original documents prepared in accordance with the Law of Ukraine “On Accounting and Financial Statements in Ukraine” of 16.07.1999, № 996-XIV confirming the receipt of such goods/services.
It is additionally mentioned in para. 201.10 of TCU that within 15 calendar days of receipt of such a statement of complaint, the controlling authority is obliged to conduct documentary unscheduled inspection of the mentioned seller to determine the accuracy and completeness of accruals of tax liabilities under the transaction by the seller.
Now about the penalty provided for by new para.1201.4 of TCU.
Consequently, when the goods/services seller made mistakes when indicating the mandatory requisites of tax invoice under para.201.1 of TCU, found by the controllers during the documentary unscheduled inspection conducted at the request of the buyer, the penalty at the rate of UAH 170 and liabilities to correct such mistakes are provided.
If UAH 170 do not force the seller to correct mistakes in tax invoice within 10 calendar days following the day of receipt of tax assessment notice (para. 56.3 of TCU), another penalties should be imposed. (see Table).
Table. The penalty for failure to correct a mistake in the tax invoice
|
Penalty in % from VAT amount specified in tax invoice |
Period to correct mistakes of the receipt of tax assessment notice when the VAT payer is obliged to correct mistakes in tax invoice (calendar days) |
|
10 |
Within 15 calendar days |
|
20 |
From 16 to 30 calendar days |
|
30 |
From 31 to 60 calendar days |
|
40 |
From 61 to 90 calendar days |
|
50 |
From 91 to 120 calendar days |
|
60 |
From 121 to 150 calendar days |
|
70 |
From 151 to 180 calendar days |
|
100 |
After the expiry of 181 calendar days |
