New tax invoices in Ukraine

We would like to inform you that the Ministry of Finance of Ukraine (further “Minfin”) issued on September 17, 2018 decree No. 763 approving a new form for tax invoice and adjustment calculations to tax invoices. Amendments were also introduced to the procedure for completing tax invoices by Minfin Decree No. 1307 dated December 31, 2015 (further the “Procedure”). The new forms will be effective from December 01, 2018.

The following main changes were introduced:

• In Column 11 of the table in Section B Tax Invoice/Adjustment Calculation, the amount of VAT will now be recorded on each line of tax invoice/adjustment calculation, and the type of activity code for agricultural entrepreneur will be indicated in Column 12 (instead of Column 11 previously);
• Column 2 in Section B (main part of tax invoice) has changed name to “Description (classification) of goods/services provided by seller”;
• A new detail has been introduced and will need to be provided in the form for tax invoice and adjustment calculation, i.e. taxpayer number or passport series and/or number for individual entrepreneur as seller and buyer. Taxpayer number refers to the taxpayer identification code as recorded in the State Register of Enterprises and Organizations of Ukraine (EDRPOU), or the registration number of taxpayer record card issued to individuals;
• The procedure for preparation of consolidated tax invoices has changed.

Passport series and/or number is indicated if the buyer or seller is an individual whose registration number of taxpayer record card is rejected due to religious convictions, and this has been officially notified to the appropriate supervisory authority and recorded in the passport.

In case of delivery operations to non-payer of VAT, “Non-payer” is to be specified in the column “Recipient (buyer)” of tax invoices, and conventional individual entrepreneur identification number 100000000000 is specified as before on line “Individual tax number of recipient (buyer)”.

According to the Procedure, there is an exception when filling out the aforementioned detail (taxpayer number or passport series and/or number):

1. Delivery to non-payer of VAT;
2. Tax invoices for daily results of operations;
3. Tax invoices prepared as per Item 10 of Order No. 1307 (this item relates to diplomatic mission, Chernobyl Nuclear Power Plant, AIDS);
4. Invoices for conditional delivery.

The following codes have been approved for preparation of consolidated tax invoices:

1 – when calculating tax liabilities in accordance with Article 198.5 of the Tax Code of Ukraine;

2 – when calculating tax liabilities in accordance with Article 199.1 of the Tax Code of Ukraine;

3 –  when preparing consolidated tax invoices whose completion guidelines are set out in Item 15 of Order No. 1307 (when contract price is lower than purchase price for goods/services or the book value of non-current assets);

4 – when preparing consolidated tax invoices whose completion guidelines are set out in Item 19 of Order No. 1307 (intermittent or continuous delivery).