Correction of invoices does not entail denial of deduction of VAT - 6 October 2011

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17:12 Correction of invoices does not entail denial of deduction of VAT
Correction of invoices does not affect the right of deduction of value added tax. It became known from the decision of the Federal Arbitration Court of the Volga-Vyatka district number A17-4441/2010 September 14, 2011. The ban on correcting invoices, as noted by the arbitrators, the current tax law is absent. Therefore, these factors may not affect the validity of tax deductions for VAT. Accordingly, the IRS does not use this fact, violate the rights of taxpayers. Correction of invoices in a more detailed examination Often, tax inspectors the right to remove the deduction of VAT on the basis of adjustments in the primary accounting documents, invoices. However, in the Tax Code and other regulations is not a rule that would forbid the use of tax breaks for correcting invoices. Moreover, this right can not be removed even in case of handwritten corrections. Incidentally, this also indicated and the Ministry of Finance in his recent letter № 03-07-11/236 September 1, 2011. At one time we already published the news regarding these revisions. Russia's Finance Ministry believes that if the seller makes a correction in the primary documentation, the purchaser of its goods or services has the right to VAT deduction. In addition, the FAS of the West Siberian region in its ruling, also praised the corrective invoices in its ruling number A45-20994/2010 August 5, 2011. The arbitrators explained that the tax law does not prohibit the adjustments and clarifications to the documentation that came with the deal between the organizations. Because the organization have a right to conduct repair invoices, that does not entail the denial of rights to use tax incentives to contractors. This fact in no way affect the validity of tax deductions in the tax period in which met all the provisions specified in the articles of the Tax Code - 171 and 172.
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