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Tax Payer Not To Be Responsible For Late Payment Due To Bank’s Fault

Business entity should submit to the regulatory authority the application with the copies of billing documents proving the fact of reporting them to the bank.

As indicated in State Fiscal Service letter № 9647/?/99-99-10-03-02-14, for failure to meet the time limit set in the Law «On Payment Systems and Remittance of Funds in Ukraine» for tax payment to budgets or state trust funds due to the fault of the bank or other authority performing fiscal operations for budget funds in which the tax payers accounts are opened within the system of VAT electronic administration, such bank/authority shall pay the penalty for each overdue day including the payment day, and the fine sanctions designated in the Tax Code, and shall bear other responsibilities covered in the Tax Code for the violation of timely and complete taxes and duties payment, and payments to the budget or state trust fund. With that the tax payer shall be released from liability for untimely or incomplete remittance of such taxes, duties, and other payments to the budgets and state trust funds. The abovementioned provisions are set in paragraph 129.6 of article 129 of the Tax Code.

In accordance with paragraph 129.7 of article 129 of the Tax Code the violation conducted as a result of National Bank of Ukraine regulation of such bank’s economic standards which leads to the shortage of clear balance on such correspondent account, is not considered to be the failure to meet the time limit for tax payment.

In case in the future the bank or its legal successors renew the paying capacity the deadline for tax, duties, and other payments shall begin from the moment of such renewal.

The regulatory authority shall not apply the fine sanctions to the business entity in case of untimely taxes and duties payments to the banks and state trust funds due to the banks’ fault including the reasons of National Bank of Ukraine regulation of economic standards of such bank.

The business entity should submit to the regulatory authority the application with the copies of payment documents confirming the fact of their provision to the bank.

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Dmytro Aleshko Managing partner, Attorney-at-law
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Andrii Gorbatenko Partner, Attorney-at-law
Andrii Gorbatenko
Vitalii Savchuk Partner, Attorney-at-law
Vitalii Savchuk
Lidiia Sanzharovska Associate Partner, PhD in Law
Lidiia Sanzharovska
Olexander Bondar Counsel
Olexander Bondar
Maryna Scherbak Senior Associate, Attorney-at-law
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Maryna Tkachenko Senior Associate
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