Treasury may prohibit the tax authorities to refuse to refund VAT for minor errors in the invoices
Ministry of Finance of Russia in the years 2010-2012 plans to consider amending the tax law in respect of minor breaches of the rules of filling in invoices, for which the tax authorities is the basis for the deduction of VAT or non-residue.
corresponding bill in the Ministry has not yet been developed, but the government is ready to support the concept project On Amending Article 169 of the Tax Code of Russia, as proposed by the Legislative Assembly of Kirov region. This is stated in the conclusion of the project, published on the official website of the Ministry of Finance.
In accordance with paragraph 2 of Article 169 of the Tax Code of the invoice, drawn up and exposed to the violation of the order may not be the basis for making charges against the buyer to the seller the amount of VAT deductible or refundable.
The bill, developed in the Kirov region, offers not recognize the basis for the deduction of tax only those invoices, which were drafted in clear violation of the order. Such violations would then be the absence of mandatory information, signature of head of organization, as well as guidance in the invoices of deliberately false information.
However, as noted in the conclusion of the Finance Ministry, the bill does not establish the criteria for the concept of willful misrepresentation, obvious to the buyer , which creates legal uncertainty and the rules can lead to arbitrary interpretation. In addition, the bill has a number of shortcomings of the legal and technical nature.
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