Liability of the FOP for late payment of advance payments.

PRO 71.68

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Sobianina Olena

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Ukraine / Odessa region

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Publication date: 29.05.2024

lawyer, 23 years of experience in enforcement.

FPOs that work on the general taxation system may be held liable for late payment of advance payments from personal income tax.

In accordance with clause 177.5 of Art. 177 of the Tax Code of Ukraine (hereinafter - PKU), natural persons - entrepreneurs are obliged to submit a tax declaration on their property status and income (hereinafter - tax declaration) to the controlling body at the place of registration of the tax address. This should be done annually at the end of the calendar year in the terms specified by the Tax Code for the reporting tax period. The tax return must also include information on paid advance contributions to personal income tax (known as personal income tax).
According to the provisions of Clause 177.5 of Article 175 of the Civil Code, natural persons independently calculate the advance payment from the personal income tax based on actual income and expenses accounted for in accordance with Clause 10 of Article 177. The specified payments are made to the budget by the 20th of the month following each calendar year. quarter (in particular, until April 20, July 20 and October 20). It is important to note that no prepayment is required for the fourth calendar quarter.
If a negative value is obtained when calculating the advance payment for a specific quarter, the advance payment for this period is not paid. In addition, according to Clause 177.5 of Article 177 of the Civil Code, the final calculation of personal income tax for the relevant tax year is the responsibility of the payer. Such calculation is carried out by the payer independently using the information provided in the annual tax return, taking into account the personal income tax paid during the year, which must be confirmed by documented facts of payment.
In accordance with Clause 57.1 of Art. 57 of the Tax Code of Ukraine, taxpayers are obliged to independently repay the amount of the tax liability specified in the tax declaration within 10 calendar days after the end of the deadline for submitting the tax declaration, unless otherwise established by the PKU.
If the tax liability payment deadline falls on a weekend or holiday, the next business day is considered the last day of payment. However, if an individual entrepreneur does not pay the self-assessed personal income tax on time, he shall be subject to penalties provided for in Article 124 of the Tax Code.
In addition, once the taxpayer or tax agent has identified a monetary liability, either through changes in the tax return or through the taxpayer's own discovery of errors, as specified in Article 50 of the Code of Civil Procedure, interest will accrue after 90 calendar days days from the last day of the deadline for payment of the monetary obligation. This is in accordance with clause 129.1.3 of clause 129.1 of article 129 of the Criminal Procedure Code.
Interest is charged on any monetary obligation specified in Clause 129.1.3 of Clause 129.1 of Article 129 of the Criminal Code, including fines, if any, in accordance with Clause 129.4 of Article 129 of the Criminal Code. Such interest is charged for each day of delay in payment, starting from the 91st calendar day after the end of the deadline for payment of the tax liability, including the day of repayment. Penalty is calculated at the rate of 100 percent of the annual discount rate of the National Bank of Ukraine, effective for each such day.
Taking into account the given information, a natural person - an entrepreneur on the general taxation system is held liable in the form of penalties and fines in case of non-payment or late payment of the specified monetary obligation specified in the annual tax declaration. However, it should be noted that the final calculation of personal income tax for the relevant tax year is the responsibility of the taxpayer, who must use the information provided in his annual tax return and provide documentary evidence of any personal income tax payments made during the year. year. At the same time, penalties for late payment of advance payments are not applied.