The State Tax Service has indicated the deadlines for registering VAT invoices in the Unified Register of Tax Invoices (ERTI) for transactions carried out in the period from February to May 2022 by taxpayers who are unable to fulfill this obligation.
Taxpayers who cannot fulfill their tax obligations on time are required to register VAT invoices/adjustments in ERTI for transactions carried out from February to May 2022 within six months after the cessation or cancellation of martial law in Ukraine. This should be done in accordance with the procedure for confirming the ability or inability of a taxpayer to fulfill tax obligations and the list of supporting documents, which will be approved by the Ministry of Finance.
The State Tax Service also addressed the issue of the registration deadline for VAT invoices/adjustments in ERTI for transactions carried out from February to May 2022 by VAT payers at a rate of 2% (i.e., for transactions made before such a transition).
Taxpayers subject to a 2% VAT rate for transactions related to the supply of goods/services from February 2022 until the day of the transition to a 2% VAT rate are required to register such VAT invoices/adjustments in ERTI within 60 calendar days from the date of transition to the taxation system on which such taxpayers were before the transition to a 2% VAT rate (renewal of VAT payer registration).
The State Tax Service also addressed two important issues:
Is it necessary to change the period for forming VAT calculations for transactions of acquiring goods/services in February-May 2022 if the VAT invoice, drawn up for transactions of their supply, is registered in ERTI in June or July (before July 15)?
The Tax Code of Ukraine (TCU) establishes a separate registration period for VAT invoices/adjustments drawn up for transactions related to the supply of goods/services made in February-May 2022. Therefore, in case of timely registration of VAT invoices/adjustments for such transactions (within the terms defined by para. 69.1 of sub-section 10 of section XX of the TCU for different situations), the period for forming VAT calculations remains unchanged.
Is it necessary to change the period for forming VAT calculations for transactions of acquiring goods/services in February-May 2022 if the VAT invoice, drawn up for transactions of their supply, is registered in ERTI on July 15, 2022, or later?
If the VAT invoice drawn up for transactions related to the supply of goods/services made in February-May 2022, and confirming the VAT calculation based on available primary (settlement) documents, is registered in ERTI after July 15, 2022, and the supplier has the ability to fulfill tax obligations on time, the buyer loses the right to form a tax credit for such transactions until the date of VAT invoice registration in ERTI. In this case, the VAT calculation based on primary (settlement) documents must be excluded from the declaration of the reporting period in which the transaction to acquire goods/services (February-May 2022) was made by submitting a correction calculation to the declaration for the relevant reporting (tax) period.
In the reporting period in which such VAT invoices/adjustments are registered in ERTI, the taxpayer-buyer has the right to include the amounts of tax specified in these VAT invoices/adjustments in the composition of the tax credit for that reporting (tax) period.
Also, please note that it is not necessary to adjust (reduce) VAT calculations for reporting periods of February-May 2022, which are based on primary documents and have not been confirmed by registered VAT invoices in ERTI by July 15, 2022, due to the fact that the supplier:
is unable to fulfill his tax obligation to register VAT invoices/adjustments in ERTI;
has switched to a 2% flat tax rate.
Source: Information letter of the State Tax Service dated June 21, 2022, No. 3/2022.”
