Proof of invoice
Tax deductible for a properly issued invoice. And if there is an error, you can correct them. But how? That question accountants and tax specialists respond differently.
N. Rudenkova, editor-expert Berator Practical Accounting
Required details of invoices listed in paragraph 5 of Article 169 of the Tax Code. If any of them has an error, the document is corrected: make the correct entry in the old invoice or change the defective invoice for a new one.
Accountants use both, while the tax authorities only recognize invoices, corrected by the first method. Therefore, often a dispute between them have to deal with the servants of Themis. However, among the judges as no unity.
Try to figure out who’s right.
Fix what is
The theory of adjustment invoices, which defends tax, is as follows.
The format of the invoice and the rules by which it must be drawn up, approved by RF Government Decree of December 2, 2000 № 914. Paragraph 29 of the Rules provides for the introduction of the invoice correction. Learn more about order editing and proofreading services.
As a concrete way of adjusting the rules is not given, it should be guided by the general procedure for correction of primary documents. He is described in paragraph 5 of Article 9 of the Federal Law of November 21, 1996 № 129-FZ “On Accounting”. Under the law, any adjustment of the primary documents to be agreed during the economic operation and supported by the signatures of those who assured the documents first. Further, the correction must necessarily specify the date. Rules logging of received and invoices also need to be certified correct signature and seal of the seller and the date of the change.
Hence the tax authorities have concluded: that is the only legitimate way of correcting errors in invoices. Support the position of the officials judge (FAS ruling East Siberian region of 11 August 2006, the case number A33-26560/04-S3-F02-3935/06-S1, Volga-Vyatka district on 11 January 2006 in case number A43 -9271/2005-11-300, Far Eastern District of August 23, 2006 in case number F03-A73/06-2/2626).
Change document
According to another view, the firm can replace the invoice with errors on well-formed document. Indeed, the Tax Code does not describe a specific order correction of invoices, and any restrictions in this regard, Chapter 21 of the main tax document does not contain.
This position is probably more popular than the first, as evidenced by extensive arbitration practice (the decision of the Central District on October 24, 2006 in case number A09-9220/05-22-13, North-West District of October 9, 2006 A56-59963/2005 the case number, the Ural region from October 30, 2006 in case number F09-9502/06-S2 etc.).
Note that some courts have not decided on this issue. For example, in the Volga district arbitrators supported tax (FAS ruling of 21 June 2006, the case number A65-23575/2005-SA1-29). But a month later they changed their minds, recognized by the same for the right to replace incorrect invoice for the new document (decree of August 1, 2006 in case number A57-26506/05-28).
Date blame
Why insist on the tax so to fixing?
The reason is that by adjusting put date. According to officials, this is the date and gives the firm the right to deduct VAT. For example, if an incorrect invoice is issued in March, as amended in September, then set off the VAT on it can not until September.
In the Russian Ministry of Finance agree with the colleagues from the FTS. This is evidenced by a letter of 26 July 2005 № 03-04-11/178. It financiers point out that without the correct date is unclear when the VAT on the invoice should be taken for deduction.
Meanwhile, the Tax Code provides for the deduction entirely different conditions (Article 172): acquired values should be capitalized (work performed, services rendered), values (work, services) purchased for production activities or other transactions subject to VAT, and for resale value of the purchased (works, services) is the invoice, which shows the amount of the tax.
Among these conditions is no date to fix your invoice. Also, if the wrong document to replace the tax audit, the auditors about the substitution did not know. And they will think that you just received an invoice late. So apply the tax deduction, in our opinion, the company may, at its discretion, either in the month of compiling false invoices, or at the time correction. The same opinion is shared by the arbitrators of the Federal Arbitration Court of the North-West region (judgment of 26 September 2006 in case number A56-48715/2005).
If you chose the first option, do the following. After the correction of the invoice, or to replace it with a new sheet of paper to get an additional book purchases. Then apply to the tax office revised declaration on VAT for the period when you have not been properly issued invoice.
If you do not want to argue with the tax and ready to put a tax deduction, then nothing further you need to do. Just enter the corrected invoice book purchases in the month that fixes were made.