Is the Corporate income tax declaration (Report on the use of income (profits) of a non-profit organization) (hereinafter - Declaration (Report)) is accepted, if financial reporting was submitted in the electronic form before such Declaration (Report)...

Is the Corporate income tax declaration (Report on the use of income (profits) of a non-profit organization) (hereinafter - Declaration (Report)) is accepted, if financial reporting was submitted in the electronic form before such Declaration (Report) with a difference of one day / month?

Clauses 1 – 3 of Paragraph 46.2 Article 46 of the Tax Code of Ukraine № 2755-VI as of 02.12.2010 with changes and amendments (hereinafter – TCU) determine that the income tax payer (except for income taxpayers who, 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) are obliged to publish annual financial reporting and annual consolidated financial reporting with the auditor's report) submits with relevant tax declaration the quarter or annual financial reporting in manner prescribed for submitting tax declaration subject to requirements of Article 137 of the TCU.

Income tax payers, who according to the Law№ 996, are obliged to publish annual financial reporting and annual consolidated financial reporting with the auditor's report, submit together with tax declaration for the relevant tax (reporting) period a report of financial performance (balance sheet) and report of profit and loss and other total income (report of financial performance) compiled before the auditor’s audit of financial reporting.

Report of financial performance (balance sheet) and report of profit and loss and other total income (report of financial performance) are submitted by taxpayers according to this Paragraph in form prescribed by the Law № 996 and manner prescribed for submitting tax declaration, taking into account requirements of Article 137 of the TCU.

Financial reporting or report of financial performance (balance sheet) and report of profit and loss and other total income (report of financial performance) submitted according to Clauses 1 – 2 of Paragraph 46.2 Article 46 of the TCU are Annexes to the Corporate income tax declaration (Report on the use of income (profits) of a non-profit organization) (hereinafter – Declaration (Report)) and its integral part.

Income tax payers – producers of agricultural products, who chose the annual tax (reporting) period according to Sub-paragraph 137.4.1 Paragraph 137.4 Article 137 of the TCU, compile and submit with the relevant tax declaration financial reporting for the first half of the previous reporting year, for the previous reporting year and for the first half of the current reporting year (Clause 7 of Paragraph 46.2 Article 46 of the TCU).

Financial reporting or report of financial performance (balance sheet) and report of profit and loss and other total income (report of financial performance), submitted according to requirements of Clauses 1 – 2 of Paragraph 46.2 Article 46 of the TCU, are submitted in the electronic form in compliance with requirements of the Laws of Ukraine № 851-IV as of 22.05.2003 "On electronic documents and electronic document management" with changes and amendments and № 2155-VIII as of 05.10.2017 "On electronic trust services" with changes and amendments to controlling bodies by corporate income tax payers and non-profit enterprises, institutions, organizations that submit tax declarations in the electronic form (Clause 3 of Paragraph 49.4 Article 49 of the TCU).

Declaration forms approved by Order of the Ministry of Finance of Ukraine № 897 as of 20.10.2015 with changes and amendments and Report approved by Order of the Ministry of Finance of Ukraine № 553 as of 17.06.2016 (as amended by Order of the Ministry of Finance of Ukraine № 469 as of 28.04.2017) provide for submission of forms of financial reporting as an annex “Financial reporting” to the Declaration (Report).

Herewith, the table "Availability of annexes" and respectively tables "Availability of annexes submitted to the Declaration - forms of financial reporting" and "Availability of annexes submitted to the Report - forms of financial reporting" must indicate such marks.

Paragraph 48.3 Article 48 of the TCU stipulates that tax declaration must contain obligatory requisites, in particular, information about annexes attached to tax declaration and as they’re  its integral part.

Tax reporting, compiled in violation of Article 48 of the TCU, is not considered as tax declaration, except for as provided in Paragraph 46.4 Article 46 of the TCU (Paragraph 48.7 Article 48 of the TCU).

Paragraph 49.12 Article 49 of the TCU stipulates that tax declarations, except as provided by the TCU, are submitted for the base reporting (tax) period equal to:

calendar quarter or calendar half-year (including in case of payment of quarterly or half-yearly advance payments) within 40 calendar days following the last calendar day of the reporting (tax) quarter (half-year) (Sub-paragraph 49.18.2 Paragraph 49.18 Article 49 of the TCU);

calendar year, except for cases provided for in Sub-paragraphs 49.18.4 and 49.18.5 of Paragraph 49.18. Article 49 of the TCU within 60 calendar days following the last calendar day of the reporting (tax) year (Sub-paragraph 49.18.3 Paragraph 49.18 Article 49 of the TCU);

calendar year for income tax payers (including the net profit (income) payers) for tax declaration (including the net profit (income) calculation, dividends on the state share), which is calculated by the cumulative total for a year within 60 calendar days following the last calendar day of the reporting (tax) year (Sub-paragraph 49.18.6 Paragraph 49.18 Article 49 of the TCU).

Procedure for submitting financial reporting was approved by Resolution of the Cabinet of Ministers of Ukraine № 419 as of 28.02.2000 № 419 with changes and amendments (hereinafter – Procedure № 419), of which Paragraph 5 stipulates that enterprises, which 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) belong to micro-enterprises, small enterprises, non-entrepreneurial companies and enterprises that keep simplified accounting of income and expenses  according to tax legislation, except for those that are required to prepare financial reporting according to international financial reporting standards, submit annual financial reporting to bodies specified in Paragraph 2 of Procedure № 419 (except for Treasury bodies), in particular, to the state statistics bodies not later than February 28 of the year following the reporting year.

Enterprises, that are required by the Law № 996 to publish annual financial reporting, submit to the state statistics bodies and tax authorities a report on the financial performance (balance sheet) and  report on the profit and loss and other total income (report of financial performance), except for the consolidated financial reporting in manner prescribed by the Law for the reporting year not later than February 28 of the year following the reporting year, for the I quarter, first half, nine months – not later than the 30th day of the month following the reporting quarter.

Enterprises, that use international financial reporting standards for compiling annual financial reporting and annual consolidated financial reporting prepared on the basis of taxonomy of financial reporting with the relevant audit reports (if mandatory audit of financial reporting is carried out at the legislative request), submit to the center for collection of financial reporting not later than the deadlines provided by the Law № 996 for publication of annual financial statements the interim financial reporting (for the I quarter, first half, nine months) – not later than the 30th day of the month following the reporting quarter.

Enterprises, that according to the Law № 996 belong to the medium-sized enterprises, submit annual financial reporting and annual consolidated financial reporting to bodies specified in Paragraph 2 of Procedure № 419 (except for Treasury bodies), in particular to the state statistics bodies not later than June 1, following the reporting year.

Interim financial reporting (I quarter, first half of the year, nine months), in addition to consolidated, are submitted by enterprises to bodies specified in Paragraph 2 of Procedure № 419 (except for Treasury bodies), in particular to the state statistics bodies not later than the 30th day of the month following the reporting quarter.

Interim (I quarter, first half of the year, nine months) or annual financial reporting is submitted by enterprises to tax authorities within deadlines set by the TCU.

Banks submit financial reporting, consolidated financial reporting, management report and consolidated management report to the National Bank according to the procedure established by it (Paragraph 2 of Procedure № 419).

Electronic forms with the first letter "S" should be used when compiling reporting submitted to the State Tax Service of Ukraine and the State Statistics Service of Ukraine. Reporting, which is submitted only to the State Tax Service of Ukraine, is formed in electronic forms with the first letter "J".

Declaration (Report) is considered accepted provided that all mandatory requisites are available and reliable (Paragraphs 49.3 and 49.8 Article 49 of the TCU); in case of submission of financial reporting, which is an annex to the Declaration (Report) in electronic form to the State Tax Service before such Declaration (Report) (with a difference of one day / month), as the control of availability of submitted forms of financial reporting to the Declaration (Report) is carried out among previously submitted and registered in the central database of existing forms of financial reporting for the relevant reporting period (periods).

More information is in the “Knowledge Base” of public information and reference resource