VAT: What are the consequences of late registration of tax invoices?

The absence of registration or untimely registration of tax invoices in the Unified Register of tax invoices leads to the imposition of penalties on taxpayers.

Thus, penalties for late registration of a tax invoice and / or calculation of adjustment to such a tax invoice (hereinafter - TI / CA) in the Unified Register of tax invoices (hereinafter - URTI), defined by Art. 1201 of the Tax Code (hereinafter referred to as the Code), are imposed on the taxpayer, who is obliged to register them (except for monies that are not provided to the recipient and compiled under tax-exempt or zero-rate transactions).

The amount of the fines mainly depends on the number of calendar days (hereinafter referred to as "days") of late registration and the amount specified in the TI / CA. In particular, for delay:

  • up to 15% days - 10% of the VAT amount;
  • from 16 to 30 days - 20% of the VAT amount;
  • from 31 to 60 days - 30% of the VAT amount;
  • from 61 to 365 days - 40% of the VAT amount;
  • more than 366 days - 50% of the VAT amount.

Please note that the penalties provided for in this paragraph do not apply:

  • in case of termination of the TI / CA registration (for the period of such suspension);
  • in case of registration of the TI / CA before the start of the inspection, the subject of which is compliance with the requirements for timely registration of these documents.

It is stipulated that sanctions are applied to violators within 1095 days (that is, taking into account the limitation period established by Article 102 of the Code).

Absence of registration of TI / CA in URTI within the deadline provided by Art. 201 of the Code, which are specified in the tax notification-decision (hereinafter - TND) as a result of inspections of the controlling bodies entails a fine of 50% of the amount of tax liabilities on the VAT specified in such TI / CA or the amount of VAT charged on the transaction on the supply of goods / services, if the MON for such an operation is not made.

If the payer does not register such TI / CA after the expiration of 10 days, which come after the day of receipt by the taxpayer of the TND, he / she will also be subject to a fine of 50% of the amount of VAT tax liabilities specified in such TI / CA or the amount of VAT levied on a transaction for the supply of goods / services, if the tax invoice for such an operation is not completed. However, if the TI / CA is registered within the allotted 10 days (according TND), then this penalty will not be applied.

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