In tax declaration of which reporting period, the VAT amount can be included in tax credit for operations that took place during February – May 2022, if the taxpayer-buyer did not form tax credit based on the available primary (calculation) documents...

In tax declaration of which reporting period, the VAT amount can be included in tax credit for operations that took place during February – May 2022, if the taxpayer-buyer did not form tax credit based on the available primary (calculation) documents, did not submit reporting for these periods and tax invoices for such operations were registered by the supplier in the Unified Register of Tax Invoices until 15.07.2022?

Paragraph 32 Note 2 Sub-section 2 Section XX of the Tax Code of Ukraine № 2755-VI as of 02.12.2010 with changes and amendments (hereinafter – TCU) stipulates that temporarily, for tax periods of February, March, April and May 2022 for the purchase of goods/services, for which tax invoices and/or adjustment calculations to them have not been registered by suppliers in the Unified Register of Tax Invoices, the taxpayers:

include in tax credit of the reporting (tax) period the VAT amounts paid (charged) as a part of the cost of purchased goods/services based on the primary (settlement) documents available to the payer, compiled (received) by the taxpayer for the purchase of goods/services according to the Law of Ukraine № 996-XIV as of 16.07.1999 "On accounting and financial reporting in Ukraine" with changes and amendments (hereinafter – Law № 996);

recipients of services supplied by non-residents, given that place of supply is located in the customs territory of Ukraine, in case that recipient of services accrues the VAT as a part of tax obligations specified in tax declaration for the relevant reporting (tax) period, such taxpayers have a right to attribute such amounts of tax to tax credit of the corresponding reporting (tax) period, based on the primary (settlement) documents available to the taxpayer, compiled (received) by the taxpayer for the purchase of services according to the Law № 966.

Sub-paragraph 69.1 Paragraph 69 Sub-section 10 Section XX "Transitional Provisions" of the TCU stipulates that taxpayers who have opportunity to fulfill their tax obligations in a timely manner regarding the observance of deadlines, in particular, registration of tax invoices, adjustment calculations in relevant registers, are released from responsibility for late fulfillment of such obligations deadline for the fulfillment of which falls on a period starting from February 24, 2022 until the date of entry into force of the Law of Ukraine № 2260-IX as of 12.05.2022 "On amendments to the Tax Code of Ukraine and other laws of Ukraine regarding the tax administration peculiarities of taxes, levies and single contribution during the martial law, state of emergency" (May 27, 2022 ) under condition that such payers register tax invoices and adjustment calculations in the Unified Register of Tax Invoices by July 15, 2022.

Sub-paragraph 69.1 Note 1 Paragraph 69 Sub-section 10 Section XX "Transitional Provisions" of the TCU stipulates that the VAT payers are obliged to provide within terms, established by Sub-paragraph 69.1 Paragraph 69 Sub-section 10 Section XX "Transitional Provisions" of the TCU, registration of tax invoices and adjustment calculations in the Unified Register of Tax Invoices, deadline for registration of which falls on periods specified in Sub-paragraph 69.1 Paragraph 69 Sub-section 10 Section "Transitional Provisions" of the TCU and clarify (bring into line with) tax credit declared by payers on the basis of primary (settlement) documents available to the payer, taking into account data of tax invoices and/or adjustment calculations registered in the Unified Register of Tax Invoices.

Sub-paragraph 69.9 Note 1 Paragraph 69 Sub-section 10 Section XX "Transitional Provisions" of the TCU stipulates that for taxpayers and regulatory bodies, the expiration of terms specified by tax and other legislation, control of compliance of which is entrusted to the regulatory bodies, is stopped, except for:

compliance with registration terms of tax invoices, adjustment calculation to them in the Unified Register of Tax Invoices, submission of reporting, including reports provided for in Paragraph 46.2. Article 46 of the TCU, payment of taxes and levies by the taxpayers;

terms of conducting in-place audits, drawing up acts, submitting and considering objections, determining monetary obligations, accepting, sending and appealing tax notification-decision based on the in-place audit results, charging penalties;

deadlines of conducting actual and documentary unscheduled audits, drawing up acts, submission and consideration of objections, additional documents and explanations, determination of monetary obligations, acceptance, sending and appeal of tax notification-decision, administrative seizure of property based on the actual audit results.

In addition, according to requirements of Paragraph 198.6 Article 198 of the TCU, if the taxpayer did not the VAT amount in relevant reporting period in tax credit on the basis of received tax invoices/ adjustment calculations to such tax invoices registered in the Unified Register of Tax Invoices, such right is preserved for 365 calendar days from the date of drawing up tax invoice/ adjustment calculation.

As follows, if the taxpayer did not form tax credit on the basis of primary (settlement) documents available to the taxpayer for operations that took place during February – May 2022 and no declarations were submitted for the specified reporting periods, then the VAT amount reflected in tax invoices compiled for such operations and registered by the supplier in the Unified Register of Tax Invoices until 15.07.2022 can be included in tax credit of the specified reporting periods or subsequent reporting periods within 365 calendar days from the date of compiling such tax invoices, taking into account suspension of terms, determined in Sub-paragraph 69.9 Paragraph 69 Sub-section 10 Section XX "Transitional Provisions" of the TCU.

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