State Fiscal Service Reported the Reasons for Penal Sanction Termination Fine Sanctio
Fine Sanctions are revoked, if the taxpayer, pays the amount of tax liability within 10 calendar days, starting after the date of the receipt of the tax notice/decision ( without invoking the appeal procedure of the tax notice - decision) as is in accordance with paragraph 35 subsection 10 of section XX of the Tax Code. This was reported by the State Fiscal Service in letter № 22064/6 / 99-99-10-03-02-15
It is to be noted, that in accordance with article 109 of the Tax Code, tax violations are defined as unlawful acts (action or inaction) of tax payers, tax agents and or their officials, and officials of the authorities, which led to the failure or the improper fulfillment of the requirements set out by the Tax Code and other legislation, the monitoring of enforcement of which is assigned to the regulatory authorities.
The financial responsibility for the violation of norms concerning tax liabilities is applied in the form of fine (financial) sanctions and/or penalties (paragraph 111.2 articles 111 of the Tax Code)
It has been established by paragraph 35 of subsection 10 of section XX of the Transitional Provisions of the Tax that temporarily until 31 December 2016 inclusively, penalties accrued on the amount the tax liability that the taxpayer paid without appeal the tax notice-decision in the terms defined by the Tax Code, are canceled within 10 days from the date of payment of the tax liability in the manner prescribed by the central body of executive power, which provides forming and implementing the state financial policy for tax payers, whose amount of income and / or operations for the previous (fiscal) year is less than 20 mln. UAH. This provision does not apply in the case of repeated determination by the supervisory authority concerning the amount of the tax liability of the same tax or fee. In the case of the revocation of a fine sanction the tax liability in question is not subject to further appeal.
In accordance with paragraph 57.3 of article 57 of the Tax Code, should a monetary obligation be determined by the supervisory authority on the grounds specified in paragraphs 54.3.1 - 54.3.6 paragraph 54.3 article 54 of the Tax Code, the taxpayer must pay the assessed amount of the monetary obligation within 10 calendar days, starting after the date of receipt of the tax notices -decisions.
A Tax notice - decision is a written notification of the supervisory authority (decision) on the obligation of the taxpayer to pay the amount of a monetary obligation, as defined by the specific supervisory body in cases stipulated by the Tax Code and other legislative acts, the control over the execution of which is entrusted to the supervisory authorities, or make appropriate changes to tax reporting (subpar. 14.1.157 p. 14.1 Art. 14 of the Tax Code).
Monetary obligation of the payer of taxes is the amount of money that the taxpayer must pay to the appropriate budget as a tax liability and / or penalty (financial) sanction, which are charged to the taxpayer in connection with the violation of the requirements of the tax legislation and other legislation, enforcement of which is entrusted to regulatory authorities, as well as sanctions for violation of legislation in the sphere of foreign economic activity (subpar. 01.14.39 n. 14.1 Art. 14 of the Tax Code).
