In May, the seller shipped goods and timely registered the tax invoice in the URTI. In June, the buyer returned a part of the goods, adjustment calculation was submitted for registration, but the SFSU rejected it. Who should submit an unlocking document package? Is it possible to adjust the VAT without waiting for registration of the adjustment calculation?
An unlocking document package (table, explanation and copies of documents) in any case should be prepared and submitted to the SFSU by the supplier indicated in TI or in the adjustment calculation (hereinafter - AC). Even if the AC has a “-” sign. The buyer’s obligation is only registration of such an AC.
All necessary documents for unblocking of RK documents must be sent to the DFS only in electronic form in pdf format. DFS electronic document formats are posted on its web portal.
In this case, AC was left unregistered. And TI was successfully registered in the URTI. Accordingly, the supplier reflected VAT liabilities, and the buyer - a tax credit in the VAT reporting for May.
Will counterparties be able to adjust VAT without registering an adjustment calculation in the URTI? The TCU does not give the answers to this question. However, given the fiscal orientation of the requirements of para. 198.6 and 201.10 of TCU (when the supplier is responsible for tax liability and without registration of TI, and for the buyer, on the contrary, the lack of registration of TI means the inability to use a tax credit), it is easy to guess that the tax authorities will be against the reduction of VAT liabilities. Confirmation is contained in the explanations of the SFS, located in the category 101.15 “ZIR”.
Taking into account the mentioned above, the absence of a registered AC with a negative amount of VAT means for a supplier the impossibility to reduce VAT liabilities. Such a right will appear only after the buyer registers AC in the URTI. That is, in that reporting period, when a declining adjustment calculation will be registered. While it is not registered, there are no grounds for reducing the tax liability of the supplier.
It is not required to wait for the registration of the adjustment calculation to reduce the buyer’s tax credit previously formed. The buyer adjusts his/her tax credit irrespective of the fact of AC registration. This is done on the basis of the accounting information in the reporting period when the buyer returned the goods to the supplier, namely: in line 14 of the VAT invoice for June with a “-” sign.
