It is known that rules for determination of VAT tax base are outlined in a new version as of 1 January 2015. The rules are regulated by para.188.1 of TCU.
Currently, the tax base of transactions on goods delivery (works / services) is determined (Art. 188 of TCU):
- based on agreed cost (basic rule that always applies), but:
- not lower than purchase price of goods/services;
- not lower than costs of self-produced goods / services;
- not lower than balance sheet (residual) value of non-current assets on the basis of accounting records, which was made at the beginning of the period when delivery of non-current asset was held; if the accounting of non-current assets is not maintained –not lower than regular price (the rule always applies).
The mentioned above rules of base determination for charging of VAT liabilities do not apply to delivery cases:
- goods (services) which prices are the subject to the state regulation;
- gas supplied for population needs.
Agreed (contract) cost includes any amount of money, the value of tangible and intangible assets, which are transferred to the taxpayer directly by the buyer or by any third person in connection with compensation for the cost of goods/services. Agreed (contract) cost does not include amounts of penalties (fines and/or default interest) three per cent per annum and inflationary received by taxpayer as a result of failure or improper performance of contractual obligations.
The tax base includes the cost of goods/services delivered (exclusive of compensation amount to cover the difference between actual costs and regulated prices (tariffs) in the form of production donation from the budget and/or refund to the lessor-budget institution of expenditures for the maintenance of leased property, for public utilities and for energy resources), and the value of tangible and intangible assets that are transferred to the taxpayer directly by the recipient of goods/services supplied by such a taxpayer.
According to para.20 of the Procedure of filling in a tax invoice (hereinafter - TI), approved by the order of the Ministry of Finance of Ukraine of 22.09.2014, № 957 (hereinafter - Procedure №957), if the tax base is determined on the basis of price of goods/services, and exceeds the amount of goods/services, determined based on their contractual value, that is the purchase price exceeds the actual cost (agreed cost) of the delivery, the supplier (seller) makes two TI: one - for an amount calculated on the basis of actual cost of delivery, the other – for an amount calculated on the basis of excess of the purchase price.
There are no any special aspects when preparing of TI on agreed cost.
But in TI prepared on the excess of purchase price over the agreed cost of deliveries, according to the para.9 of Procedure № 957 should be made a mark 15 - drafted on the excess of the purchase price of goods/services over the actual cost of their delivery. Such TI is not available to the recipient (buyer). At the same time, the supplier (seller) should indicate his/her own data in TI lines made to fill in the data of the buyer.
Thus, when preparation of TI on excess amount of the purchase price of goods/services over the actual price (agreed price) of their delivery should be considered the following special aspects:
- on the top-left of such TI is to be made an appropriate mark “X” and type of reasons should be indicated: “15”;
- in lines of TI “Buyer (name, first name, surname - for individual-entrepreneur)”, “The individual tax number of the buyer”, “Location (tax address) of the buyer”, “Phone number” should be specified details of the person-seller that makes such TI;
- in column 3 – “Nomenclature of goods/services of supplier (seller)” should be stated: “The excess of purchase price over the actual cost of supply of goods/services specified in the tax invoice № _______” (serial number of TI prepared for the amount of supply of goods/services, determined on the basis of their agreed cost should be specified).
All other details and information should be filled in columns of TI on excess similar to data and graphs of TI, which made on amount on the basis of actual cost of supply.
