Tag: #Tax disputes

To date, a fairly large number of taxpayers are carrying out their activities in the field of processing of customer-owned raw materials. The processing of customer-owned raw materials on the territory of Ukraine can be conditionally divided into two groups: the first - processing of raw materials received from a resident, the second - raw materials received from a non-resident, imported into the customs territory of Ukraine with subsequent export of the finished products (re-export). If it is quite clear with the first group, then regarding the processing of the raw materials imported by a non-resident and the procedure for the export of the finished products, certain questions arise. The specialists of Finance Business Service were considering the procedure for the processing of the customer-owned raw materials of the non-resident on the customs territory of Ukraine, as well as the features of the customs and currency regulation of this business transaction. Schematically, the processing of the customer-owned raw materials looks as follows: Most economic relations begin with the conclusion of an agreement. According to its legal nature, the agreement for the processing of...

We have repeatedly paid your attention to the changes in the Tax Code of Ukraine, introduced by the Law of Ukraine No. 1797-VIII of 21.21.2016, and the peculiarities of their influence regarding the taxpayers. Today, the Finance Business Service wants to draw attention to another important aspect that arose in connection with the adoption of the above-mentioned Law. Thus, by Law No. 1797-VIII of 21.12.2016, the Tax Code of Ukraine was supplemented by Article 120-1. The issues regulated by this article can be conditionally divided into two groups: 1) violation of the terms of registration of the tax invoice / adjustment calculations; 2) mistakes made in the tax invoice / adjustment calculation. The amount of the penalty for the violation of the deadlines for the registration of the tax invoices is determined as a percentage of the amount of the value-added tax specified in the tax invoice, and the amount of interest depends on the number of missed days from the deadline for the registration. This rule does not apply to the tax invoices made for the supply of goods / services for the transactions exempt from the taxation or those that are taxed at a zero rate. TIME OF...

Business Ombudsman as Additional Argument in Tax Disputes How and When You Can Apply to Business Ombudsman? We got used to the fact that the administrative consideration of the tax disputes is carried out by the head or commission of the controlling body and, as a rule, does not lead to positive results. At the end of 2016, the Ministry of Finance of Ukraine amended the Order No. 916 of 21.10.2015 "On approval of the order of registration and filing of complaints by the taxpayers and their consideration by the regulatory authorities". After adopting these changes, a fundamentally new mechanism of administrative appeal against the decisions of tax authorities has appeared. The novels were: the consideration of complaints in open and closed sessions, as well as the involvement of an authorized representative of the Council of Business Ombudsman. It should be reminded that the Council of Business Ombudsman was established in Ukraine on the basis of the Resolution of the Cabinet of Ministers of Ukraine No. 691 of 26.11.2014 and it is a permanent advisory body of the Cabinet of Ministers of Ukraine. Among other things, the Council of the Business Ombudsman was established...

Since July 1, 2017, the program for the suspension of the registration of tax invoices and adjustment calculations in the Unified Register of Tax Invoices has been launched. The taxpayers faced two problems from the very first days: the first problem is actually the suspension of the registration of tax invoices; the second problem is the refusal to register the tax invoices after the submission of the documents to the SFS Commission by the taxpayer confirming the legitimacy of the formation of tax indicators. The subparagraph 201.16.3. of clause 201.16. article 201 of the Tax Code of Ukraine provides for the possibility of appealing against the decision of the SFS Commission on the refusal of the registration of a tax invoice, in the administrative or judicial procedure. In accordance with par. 56.23.2. cl. 56.23. art. 56 of the Tax Code of Ukraine, the Cabinet of Ministers of Ukraine adopted a Decree No. 485 of 04.07.2017, which approved the "Procedure for considering complaints against decisions of the State Fiscal Service Commission on refusal to register the tax invoice / adjustment calculation in the Unified Register of Tax Invoices." The experts of the Finance...

IT HAS BEGUN!!! SUSPENSION OF REGISTRATION OF TAX INVOICES Questions regarding suspension of registration of tax invoices And again back to the registration of the tax invoices, namely concerning the grounds for the suspension of their registration. As the representatives of the Ministry of Finance of Ukraine assured us, that the percentage of suspended tax bills will be minimal, but on the seventh day of work of the system of blocking, the first "victims" have appeared. And the first "victim" was the producers. Why? Because the monitoring system, in fact, compares the amount of the purchased goods with the amount of the goods sold in the context of its nomenclature. Certainly, there are certain questions" to the manufacturer in the program of blocking " - one product was purchased and another sold. But it should be understood that this is quite logical, because the manufacturer does not resale the goods but he creates a new product from the purchased components (raw materials, etc.). The experts of the Finance Business Service were considering how the issue of blocking the registration of tax invoices was solved and if it does not have any contradictions. The clause...