Kiev. Ukraine. Ukraine Gate – January 16, 2021 – Economy
The tax reminds which documents should be kept and provided in case of request
Taxpayers explain what documents should be prepared for inspection by entrepreneurs or persons engaged in independent professional activity.
The right to conduct in-house, documentary (scheduled or unscheduled, on-site or off-site) and factual inspections is provided for in paragraph 20.1.4 of paragraph 20.1 of Art. 20 and item 75.1 of Art. 75 of the Tax Code of Ukraine.
Supervisory authorities may receive free of charge from taxpayers, including individuals who have carried out business activities, in the manner prescribed by law, certificates, copies of documents certified by the signature of the taxpayer or his official and sealed (if any), on financial and economic activities, revenues, expenses of taxpayers and other information related to the calculation and payment of taxes, fees, payments, compliance with the law, control over which is entrusted to the supervisory authorities, financial and statistical reporting in the manner and on the grounds specified by law, as well as certificates and / or copies of documents on the availability of bank accounts.
According to item 177.10 of Art. 177 and item 178.6 of Art. 178 TCU FOP and individuals engaged in independent professional activities are required to keep records of income and expenses and have supporting documents on the origin of goods. Income and expenses can be accounted for in paper and / or electronic form, including through an electronic office. Individuals – entrepreneurs use RRO in accordance with the Law №265 / 95-VR.
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Private individuals of the first and second groups and the third group, who are not VAT payers, keep records in any form by monthly reflection of income.
Private individuals of the third group, who are VAT payers, keep records in any form by monthly income and expenses.
Income and expenses can be accounted for in paper and / or electronic form.
Taxpayers are required to keep records of income, expenses and other indicators related to the definition of objects of taxation on the basis of primary documents, accounting records, financial statements, other documents related to the calculation and payment of taxes and fees, maintenance which are provided by law. Taxpayers are prohibited from forming indicators of tax reporting, customs declarations on the basis of data not confirmed by such documents.
Primary documents must be kept for the period specified by law, but not less than 1095 days from the date of submission of tax returns for which they are used, and in case of non-submission – not less than 1095 days from the date of the transaction (for relevant permits – not less than 1095 days from the date of their expiration).
In the event of liquidation of the taxpayer, the documents for the period of its activity not less than 1095 days preceding the date of liquidation shall be transferred to the archive in the manner prescribed by law.
The terms of storage of documents are extended for the period of suspension of the limitation period in the cases provided for in paragraph 102.3 of Art. 102 TCU.
In accordance with the first paragraph of paragraph 85.2 of Art. 85 of the TCU, the taxpayer is obliged to provide officials (officials) of the supervisory authorities in full all the documents belonging to or related to the subject of the audit. This obligation arises for the taxpayer after the start of the audit.
Officials of the controlling body have the right to receive from taxpayers duly certified copies of primary financial, economic, accounting and other documents certifying concealment (understatement) of objects of taxation, non-payment of taxes, fees, payments, violation of other legislation, control over compliance with which is entrusted to the supervisory authorities. Such copies must be certified by the signature of the taxpayer or his official and sealed (if any).
The relevant request for copies of documents must be submitted by an official (official) of the controlling body no later than five working days before the date of completion of the inspection.
Similarly, paragraph 85.8 of Art. 85 of the TCU provides for the right of officials (officials) of the controlling bodies conducting the inspection, in cases provided by the TCU, to receive from the taxpayer or his legal representatives copies of documents related to the subject of the inspection. Such copies must be certified by the signature of the taxpayer or his official and sealed (if any).
Therefore, the TCU norms stipulate that during the audit of the correctness of accrual and timeliness of payment of tax payments, the supervisory authority has the right to require from the self-employed person explanations and supporting documents on issues related to the subject of the audit, including income, expenses and other indicators. related to the definition of objects of taxation and / or tax liabilities.
You can find out if your company is included in the schedules of scheduled inspections for the current year using the CONTR AGENT service from LEAGUE: LAW.
And the resource “Art of Defense” will help to prepare for inspections. It contains practical recommendations for preparing for inspections and detailed algorithms for employees of the enterprise. You will be able to quickly find the necessary information in an emergency situation and read the information about the inspections in advance and prepare for the meeting. Use test access to LIGA: LAW systems.
