Publication date: 01.06.2024
Lawyer
Will there be a penalty for reducing the land fee?
The issue of reducing the amount of the land fee is relevant for many taxpayers, especially in the current economic situation. The state tax service in the Ivano-Frankivsk region recently provided an explanation regarding the possibility of adjusting the amount of the payment for the land in a downward direction and possible consequences in the form of fines. Let's consider whether you should worry about fines in such a situation and how to avoid possible problems.
The importance of timely consultation of a lawyer
Before proceeding to a detailed consideration of the issue, it is worth emphasizing the importance of timely seeking professional legal assistance. Consulting a lawyer can save you from many problems related to tax obligations. A lawyer online or consulting a lawyer can be a quick and convenient way to get the necessary information and avoid mistakes in tax returns.
Tax Code of Ukraine: main provisions
According to Clause 54.1 of the Tax Code of Ukraine (PKU), taxpayers independently calculate the amount of tax and/or monetary liability, which is indicated in the tax declaration or clarifying calculation. Such sums are considered agreed upon and must be paid within the specified time.
The procedure for submitting a declaration and adjusting liabilities
The basic tax period for the land fee is the calendar year. Payers (except natural persons) independently calculate the amount of the land fee annually as of January 1 and no later than February 20 of the current year submit the relevant tax declaration to the supervisory body. Such a declaration is submitted with a breakdown of the annual amount into equal parts by month.
According to Clause 50.1 of the Tax Code, if the taxpayer discovers errors in the previously submitted declaration, he is obliged to send a clarifying calculation or reflect the corresponding adjustments in the declaration for any subsequent tax period.
Will there be a penalty for reducing the land fee?
The State Tax Service in the Ivano-Frankivsk region explained that clause 50.1 of the PKU does not provide for fines in the event of a reduction of previously accrued tax liabilities due to the correction of a self-identified error. This means that if the taxpayer independently discovers and corrects errors that led to a reduction in the amount of land tax, fines are not applied. It is only important to comply with all the requirements and restrictions provided for in Art. 50 PKU.
According to subsection 69.38 of subsection 10 of chapter XX "Transitional provisions" of the PKU, for the period from August 1, 2023 until the termination or cancellation of martial law on the territory of Ukraine, the payer is exempted from the calculation and payment of fines, if he independently corrects errors that led to an understatement of the tax obligation.
Conclusion
Reducing the amount of the land fee does not lead to fines, if it is carried out within the framework of the current legislation and in compliance with all necessary procedures. However, in order to avoid misunderstandings and fines in the future, it is very important to consult a lawyer or an attorney in a timely manner. Legal consultation will help to prepare documents correctly and avoid mistakes.
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