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Order of the Government on tax administration

01.07.2009

The Order of the Cabinet of Ministers has whereby:

  • empowered the State Tax Administration of Ukraine to create an electronic register of persons related to tax payments;
  • established that VAT payers should declare a tax credit amount in the period of a tax liability formation;
  • warned about annulment of VAT payers’ registration for issuing tax invoices without declaration of tax liabilities, amount of which on taxable operations exceeds an amount specified in subitem 2.3.1, item 2.3, article 2 of the Law of Ukraine “On Value-Added Tax”.

It should be noticed that Law of Ukraine No. 168 of April 03, 1997 “On Value-Added Tax” (hereinafter – “the VAT Law”), which prevails over the CMU Order contains no provision that would limit a taxpayer’s right to a tax credit on late tax invoices.

Besides, it is i.9.8, art.9 of the VAT Law that determines grounds for annulling VAT payer’s registration, and the specified item has no ground indicated in the last paragraph of CMU Order No.757, namely – establishment of a fact of issuing tax invoices that evidence the failure to declare (to pay) tax liabilities which exceed UAH 360 thousand (including VAT) on taxable operations.

 

 

 

Order of CMU No. 757 took effect on July 01, 2009.

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