THE BUYER REFUSES TO RECEIVE THE GOODS: WHAT ABOUT VAT?

According to Clause 201.1 of the Code of Civil Procedure, on the date of occurrence of tax liabilities, the taxpayer is obliged to draw up a tax invoice in electronic form, subject to the condition of registration in accordance with the procedure established by law, of a qualified electronic signature of a person authorized by the payer, and to register it in the Unified Register of Tax Invoices in the established TCU term.

Clause 192.1 of the Code of Civil Procedure defines that if, after the supply of goods/services, any change in the amount of compensation for their value is made, including price revision following delivery, recalculation in cases of return of goods/services to the person who provided them, or when the supplier returns the amount of advance payment for goods /services, the amount of tax liabilities and tax credit of the supplier and the recipient are subject to appropriate adjustment based on the calculation of the adjustment to the tax invoice, drawn up in the manner established for tax invoices and registered in the National Tax Registry.

The calculation of the adjustment to the tax invoice cannot be registered in STI later than 1095 calendar days from the date of drawing up the tax invoice, to which such adjustment calculation is made.

The calculation of the adjustment made by the supplier of goods/services to the tax invoice, which is made out to the recipient – the tax payer, is subject to registration in the STI:

– by the supplier (seller) of goods/services, if an increase in the amount of compensation for their value is expected in favor of such a supplier or if the adjustment of quantitative and value indicators ultimately does not change the amount of compensation;

– by the recipient (buyer) of goods/services, if a reduction in the amount of compensation for the cost of goods/services to their supplier is foreseen, for which the supplier sends a compiled adjustment calculation to the recipient.

According to paragraphs 192.1.1 of the TCU, if as a result of such recalculation there is a reduction in the amount of compensation in favor of the taxpayer – the supplier, then:

  1. the supplier accordingly reduces the amount of tax liabilities based on the results of the tax period during which such recalculation was carried out;
  2. the recipient accordingly reduces the amount of the tax credit based on the results of such tax period if he is registered as a tax payer on the date of the adjustment, and also increased the tax credit in connection with the receipt of such goods/services.

The supplier has the right to reduce the amount of tax liabilities only after registration of the calculation of the adjustment to the tax invoice in the STI.