Features of the fulfillment of tax obligations by certain categories of liquidated resident legal entities (art. 59 of the Tax Code).

A legal entity meeting the following conditions:
1) Is a VAT payer that has not conducted financial and economic activities since the date of VAT registration or is not a VAT payer;
2) Does not apply a special tax regime for legal entities producing agricultural products, aquaculture (fish farming) products, and agricultural cooperatives;
3) Has not been reorganized and is not a successor to a reorganized legal entity;
4) Is not included in the list of selective tax audits based on the results of the risk assessment system or in the semi-annual schedule of tax audits conducted under a special procedure based on risk assessment;
5) Is not registered as a taxpayer engaging in certain types of activities.

In the event of a decision to liquidate, the legal entity must simultaneously submit the following to the tax authority at its location:
1) A tax application for cessation of activities;
2) Liquidation tax reporting;
3) An interim liquidation balance sheet;
4) A tax application for deregistration of the cash register.
The liquidating legal entity must pay taxes, budget contributions, and social payments reflected in the liquidation tax reporting no later than ten calendar days from the date of submitting the liquidation tax reporting to the tax authority.
Within three business days of receiving the tax application for cessation of activities, the liquidating legal entity must send a request for information covering the period during which no tax audit was conducted on the entity, within the statute of limitations established by Article 48 of the Tax Code. This request is sent to authorized government bodies (to obtain information on assets), second-tier banks and/or organizations conducting specific banking operations (to obtain information on account balances and cash flow in bank accounts).
The information requested must be provided within 20 business days.
The tax authority, within ten business days of receiving all requested information, conducts a desk audit and prepares a report. This report reflects the results of the desk audit and the status of settlements for taxes, budget contributions, and social payments.
The report is prepared in at least two copies. One copy is delivered to the liquidating legal entity no later than three business days after it is signed, either in person against a signature or by registered mail with acknowledgment of receipt.
If any violations are identified as a result of the desk audit, a notice to correct the identified violations is issued to the liquidating legal entity no later than five business days from the date the report is received.
In the event of non-compliance with the notice and/or disagreement by the tax authorities with the explanations provided by the taxpayer, a tax audit is conducted concerning the liquidating legal entity. The tax audit must commence no later than ten business days after the deadline for complying with such notice and/or receiving the explanation regarding the identified violations.
The liquidating legal entity must submit a liquidation balance sheet to the tax authority at its location within three business days of receiving the report on the results of the desk audit, provided there are no outstanding tax liabilities.
In the event of violations identified as a result of the desk audit or outstanding tax liabilities, the aforementioned documents must be submitted within three business days from the date the tax liabilities are settled and the violations identified in the desk audit are rectified.
After the liquidation balance sheet is submitted, the tax authority sends information to the registration authority responsible for the state registration, re-registration of legal entities, state registration of the cessation of activities of legal entities, as well as the accounting registration, re-registration, and deregistration of structural divisions. This information includes details about the absence (or presence) of tax liabilities, which are recorded by the tax authorities for the liquidating legal entity, in accordance with the established procedures and timelines.

 

Особенности исполнения налогового обязательства отдельными категориями ликвидируемых юридических лиц-резидентов (ст.59 НК).
Дата публикации
19 ноября 2024