Antonina Gorodetska delivered the report at the meeting of the UBA Committee on Tax and Customs Law
On April 29, 2021, the Tax and Customs Law Committee of the Ukrainian Bar Association held one more online meeting. Senior Of Counsel Antonina Gorodetska was the speaker of the event and reported on “Blocking the registration of tax invoices”.
Antonina began her speech with the definition of the tax invoice and its mandatory details. In particular, noted significant differences between the definition and details in accordance with the Tax Code and the form of the tax invoice proposed by the Ministry of Finance. This means that not all so-called “tax invoices” should be considered as real tax invoices by law.
Antonina also considered in detail whether the state has the right to block the registration of tax invoices by law. According to Antonina, “taxpayers are fighting a losing battle against the suspension and refusal to register tax invoices, and as a result, suppliers incur losses, and the state receives double VAT revenues”.
Applying to court may be considered as one of the solutions of the problem, but in this case it may take several years, while the State will use the excessive amounts of tax received. Therefore, Antonina suggested an alternative option – to adjust the tax return. More information about this approach and possible risks are available in Antonina’s presentation by the link.
Amendments in terms of VAT invoices registration and fines for their untimely registration: General for the whole duration of the war,
and as a “remedy” of the situation upon re-launching of VAT invoices registration in Summer 2022