Anna Vynnychenko served as an expert at the roundtable discussion titled “Suspension of Tax Invoice Registration – Will the New Rules Solve the Old Problems?”

Despite the fact that the Law of Ukraine No. 2245 suspends the right of the State Fiscal Service (SFS) to block tax invoices, March 1st is approaching – the deadline for the Cabinet of Ministers to adopt the new procedure for suspending and unblocking tax invoice registrations.

Today, on February 1, 2018, the Tax and Customs Law Committee of the Ukrainian Bar Association organized a roundtable discussion titled “Suspension of Tax Invoice Registration – Will the New Rules Solve the Old Problems?”, where representatives from the SFS, the judiciary, the business community, and experts in tax and customs law participated, including managing partner of WinnerLex Law Firm, Anna Vynnychenko.

The draft resolution being developed sets new criteria for recognizing business transactions as risky at the discretion of SFS employees, which leaves room for business dependence on human factors and the personal opinions of individual fiscal officers.

Additionally, the draft resolution provides that tax authorities may block tax invoices if the submitted documents are insufficient to make a decision. This vague criterion could lead to the business’s right to claim a tax credit depending directly on the professionalism of the SFS employee and their ability to analyze the submitted documents.

Moreover, the draft allows for the possibility of registering tax invoices after conducting an inventory and/or tax audit of the taxpayer. Whether or not to challenge the blocking of tax invoice registration, thus exposing the company to the risk of receiving a tax audit notice, will be a decision businesses make after March 1st.

For more details about the event, you can find additional information at: http://pravo.ua/news.php?id=0064737.