Nexia DK offers for your attention the updates of our Nexia DK Newsletter on Taxes, Legislation and Reporting in Ukraine between 5 and 11 March, 2019.
Correction of a registered tax invoice with more than two decimals
Main Administration of the State Fiscal Service in Kyiv in Individual Tax Consultation dated 19 February 2019 No. 614/IPK/26-15-12-01-18 emphasized:
- if the mandatory information of the tax invoice concerning the full or shortened name of the seller / buyer corresponds to the name specified in the statutory documents of such parties, or the mandatory information of the tax invoice concerning the seller / buyer's tax number corresponds to the numbers indicated in the Register of Value Added Tax payers, with additional indication of the numerical branch numbers, then the tax invoice is not subject to correction.
- if the mandatory information concerning the description (nomenclature) of the goods / services is indicated in a foreign language due to no possibility of translation from a foreign language of the trademark or the name of the goods into the state language and in order to preserve the identification of the product and if it does not prevent from identifying the transaction, its contents (goods / services delivered), period, parties and amount of tax liabilities, then such a tax invoice is not subject to correction.
Recognition of transactions of import or export of goods (raw materials) by controlled transactions
The State Fiscal Service in Individual Tax Consultation dated 13 February 2019 No. 513/6/99-99-15-02-02-15/IPK states the following:
The new version of pp. 18.104.22.168 pp. 39.2.1 p. 39.2 Article 39 of the Tax Code of Ukraine lost reference only to a related non-resident party and currently concerns any controlled transactions stipulated by pp. 22.214.171.124 pp. 39.2.1 . p. 39.2 Article 39 of the Tax Code.
In addition, if the intermediary is a resident of Ukraine, that is, transactions between the taxpayer and the intermediary can not be considered as controlled transactions, then transactions of acquiring goods by a resident payer from a non-resident, if the ownership of such goods passes first to another resident, which does not perform essential functions and does not use significant assets, are deemed to be controlled between such a resident and non-resident payer.
The resident payer, in this case, must submit a report on controlled transactions.
On questions about counter-inspections
The certificate of counter-inspection of the contractor-supplier may indicate the existence of a documentary confirmation of business relations with the taxpayer and fees, their type, volume and quality of transactions and settlements carried out between them, provided that such counter-inspections are carried out in compliance with the requirements of the current legislation, and the information given in it corresponds to the actual circumstances of the executed business transactions.
Such a certificate is one of the proofs of the actual fact of business transactions, but it is not exclusive, since the fact or lack of actual fact of business transactions is established by the supervisory authorities in the aftermath of a comprehensive study of this issue using also other evidence and tax information received in accordance with the procedure established by law.
This was specified in Individual Tax Consultation of the State Fiscal Service of Ukraine dated 22 February 2019 №713/6/99-99-14-03-03-15/IP