The Government’s decision amends Resolution No. 1165 of the Cabinet of Ministers of Ukraine dated 11 December 2019 with regard to creating favourable conditions for the registration of tax invoices/adjustment calculations (hereinafter – TN/AC) in the Unified Register of Tax Invoices and the improvement of automated monitoring of the compliance of their registration in the Unified Register with the criteria for assessing risk levels.

This was reported by the press service of the Ministry of Finance of Ukraine.

Changes are being made to certain provisions of automated monitoring regarding the determination of a taxpayer’s risk level, the specifics of applying the taxpayer data table, including when determining whether transactions reflected in tax invoices/adjustment calculations meet the risk criteria for conducting transactions.

In particular, the new provisions provide for:

– to impose restrictions on territorial bodies of the State Tax Service regarding decisions on a taxpayer’s riskiness based on transactions where the date of issue of tax invoices exceeds 180 days prior to the date of such a decision. (under current provisions, there is no such time limit, meaning a taxpayer may be deemed high-risk based on information regarding transactions carried out over the past 3 years);

– grant taxpayers the right to administrative appeal (at the level of the State Tax Service of Ukraine) against decisions regarding the non-recognition of a VAT taxpayer’s data table and decisions regarding a VAT taxpayer’s compliance with risk criteria (under current provisions, such decisions are appealed through the courts or repeatedly reviewed at the level of the Main Department of the State Tax Service in the regions);

-introduce automatic registration of suspended tax invoices/correction calculations in the Unified Register of Tax Invoices in the event of a decision regarding a taxpayer’s non-compliance with risk criteria and/or a decision to take the taxpayer’s data table into account, subject to the fulfilment of certain conditions: 

 – registration of such tax invoices/adjustment calculations has been suspended on the grounds that the taxpayer meets the taxpayer risk criteria in accordance with the decision to which the information and copies of documents were submitted, following the consideration of which a decision was made regarding the taxpayer’s non-compliance with the taxpayer risk criteria;

 – the transaction in such tax invoices/correction calculations does not meet the risk criteria.

These changes will promote fair competition among taxpayers and improve the business environment.

Source: www.agrotimes.ua