Viktoriia Varienikova has analyzed whether temporary customs declaration would be sufficient or additional customs declaration would still be required for VAT credit creation

Disputes quite often arise between entrepreneurs and officers of the State Fiscal Service over the interpretation of some or other legal rules governing the payment of taxes. In particular, there are fundamental differences in how the business community and fiscal inspectors understand grounds for charging VAT to the tax credit when importing goods in the customs territory of Ukraine.

The State Fiscal Service is of the opinion that, when importing goods into the customs territory of Ukraine, a taxpayer should create a VAT credit against a duly executed additional customs declaration subject to the payment of tax liabilities.

On the other hand, the legislature understands that there is more than one form of the declaration that can be used in an appropriate case. The declaration is a source document, the filing of which constitutes a juridical fact giving rise to legal consequences. The customs declarant is required, among other things, to pay the amounts of VAT as specified in the customs declaration. The tax declaration, when executed by customs authorities, serves as proper evidence of payment of the tax. It is therefore the temporary customs declaration that provides a basis for charging the amount of VAT, which is paid as part of the customs clearance, to the tax credit.

To learn more about the matter, please read an article authored by Sofiya Law Firm’ associated partner Ms Varienikova for the YURLIGA newspaper.

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