The Cabinet of Ministers has whereby empowered the STAU to:
refer to the highest risk degree a fact of filing by a taxpayer a VAT tax return for a reporting tax period compiled with reference to tax invoices issued in a tax period other than a reporting one;
consider during in-office audits of VAT tax reporting indicators that taxpayer’s correction or specification of tax return indicators, which were related to a late inclusion of tax invoice amounts to a tax liability or a tax credit for a relevant tax period, may be justified when conducted within two months after expiration of deadline for filing a relevant tax return;
in the event of correction or specification of tax return indicators, which was made by a taxpayer for an amount of 10% (or more) of the total tax liabilities and/or a tax credit, which were declared in a relevant tax period, carry out, with engagement of tax militia divisions and within a month after this correction or specification took place, an audit of correctness of VAT amounts calculated and paid at all stages of goods (services, works) delivery and inform, within three days after such correction or specification, interior bodies to foster their adequate reaction within the limits of their competence;
bring into compliance with this Order its own legislative and regulatory acts within a monthly period.
It is worth noticing that Law of Ukraine No. 168 of April 03, 1997 “On Value-Added Tax” which prevails over the CMU Order contains no provision that would limit a period of correction or specification of a VAT tax return indicators by a taxpayer to two months.
Item 5.1, article 5 of Law of Ukraine No. 2181 of December 21, 2000 “On the Procedure of Payment of Taxpayers’ Liabilities to Budgets and State Purpose Funds” has established that if in future tax periods (taking into consideration limitation periods as specified by article 15 of the aforesaid Law – not later than the end of the 1095th day) a taxpayer detects on its own a mistake in indicators of an earlier filed tax return, this taxpayer has a right to file a specifying calculation.
CMU Order No.838 became effective on July 17, 2009.
The Cabinet of Ministers has whereby empowered the STAU to:
It is worth noticing that Law of Ukraine No. 168 of April 03, 1997 “On Value-Added Tax” which prevails over the CMU Order contains no provision that would limit a period of correction or specification of a VAT tax return indicators by a taxpayer to two months.
Item 5.1, article 5 of Law of Ukraine No. 2181 of December 21, 2000 “On the Procedure of Payment of Taxpayers’ Liabilities to Budgets and State Purpose Funds” has established that if in future tax periods (taking into consideration limitation periods as specified by article 15 of the aforesaid Law – not later than the end of the 1095th day) a taxpayer detects on its own a mistake in indicators of an earlier filed tax return, this taxpayer has a right to file a specifying calculation.
CMU Order No.838 became effective on July 17, 2009.