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On the peculiarities of the inclusion of the amount of negative value of VAT, formed based on the results of the reporting period, in the reduction of the amount of tax debt from the tax incurred in previous periods

If the taxpayer has a tax debt from this tax on the date of submission of the VAT tax return, such a taxpayer has the right to credit the amount of negative value of VAT, formed as a result of such tax reporting, to reduce the amount of the tax debt from the tax incurred for previous reporting (tax) periods and was recorded in the integrated card of the payer as of the first day of the month in which such a declaration was submitted, in a part that does not exceed the registration amount of such a payer at the time of receipt of the tax declaration by the controlling body.

The procedure for submitting a tax declaration and terms of calculations with the VAT budget are determined by Article 203 of the Code of Civil Procedure.

According to Clause 203.1 of Article 203 of the Civil Code, a tax declaration is submitted for the basic reporting (tax) period, equal to a calendar month, within 20 calendar days following the last calendar day of the reporting (tax) month.

The amount of the tax liability indicated by the taxpayer in the tax return submitted by him shall be paid within 10 calendar days following the last day of the relevant deadline provided for in Clause 203.1 of Article 203 of the Tax Code for submitting a tax return (Clause 203.2 of Article 203 of the Tax Code).

Subparagraph 14.1.175 of Clause 14.1 of Article 14 of the PKU defines that the tax debt is the sum of the agreed monetary obligation not paid by the taxpayer within the period established by the PKU, and the outstanding interest accrued in the manner determined by the PKU.

According to Clause 200.1 of Article 200 of the Code of Civil Procedure, the amount of tax payable (transferred) to the State Budget of Ukraine or budget compensation is defined as the difference between the amount of the tax liability for the reporting (tax) period and the amount of the tax credit for such reporting (tax) period.

Clause 200.4 of Article 200 of the Code of Civil Procedure provides that if the amount calculated in accordance with Clause 200.1 of Article 200 of the Code of Civil Procedure is negative, such amount, in particular, is taken into account in reducing the amount of tax debt from the tax incurred for the previous reporting (tax) periods (in the number of installments or deferred in accordance with the PKU) in a part that does not exceed the amount calculated in accordance with paragraph 200 of note. 1.3 of Article 200 note. 1 of the PKU at the time of receipt of the tax declaration by the controlling body.

The procedure for filling out and submitting VAT tax returns was approved by Order No. 21 of the Ministry of Finance of Ukraine dated January 28, 2016.

According to subsection 4 of clause 5 of section V of Order No. 21, the amount of a negative value, which is counted in the reduction of the amount of tax debt incurred for previous reporting (tax) periods, in the part that does not exceed the registration amount at the time of filing the tax declaration, is displayed in line 20.1 of the VAT tax return.

 

Source: gov.ua

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