- Pozovna davnist refers to the period during which a person can go to court to protect their rights or interests
- General period for pozovna davnist is three years
- This period can be extended during martial law or state of emergency in Ukraine
- Pozovna davnist for obligations with a set execution date starts after that date
- Tax Code of Ukraine has specific terms for submitting claims for overpaid tax obligations
- Claims for overpaid taxes must be submitted within 1095 days from the overpayment or right to return
- Overpaid tax obligations are amounts paid to the budget beyond actual obligations
- These terms do not apply to VAT tax credit and its reimbursement procedure
- VAT reimbursement is regulated by Article 200 of the Tax Code
- VAT amount payable or reimbursable is the difference between tax obligation and tax credit
- Negative value from this calculation can reduce tax debt, be returned to the taxpayer, or be credited to the next period’s tax credit
- Right to VAT reimbursement is confirmed by submitting a claim with the tax declaration
- Pozovna davnist does not limit the right to include VAT balance in future reimbursements if the tax was paid
- Taxpayer can include VAT balance in future periods if more than three years have passed, provided the tax was paid
Source: news.dtkt.ua
Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.
