On April 1, two thousand and twelve, the Decree of the Government of the Russian Federation of December 26, 11 came into force. No. 1137, which approved new standards for filling out invoice forms. This document finds its application in the calculation of VAT.
Simultaneously with the enactment of Resolution No. 1137, the previously valid document number nine hundred fourteen ceased to exist. Accordingly, the previously approved forms of documents from 01.04.2012 have lost their force.
New invoices, like the previous ones, should be compiled and filled out by those enterprises whose business activities, according to Article one hundred and forty-sixth of the Tax Code of the Russian Federation, are the basis for calculating VAT. The same documents, in cases specified by law, must also be issued by payers who:
- have tax benefits prescribed in articles 145 and 145.1 of the Tax Code of the Russian Federation;
- perform business operations, privileged in accordance with Article 149 of the Tax Code of the Russian Federation.
The new invoice form, according to the current legislation, is also required to fill out tax payers on behalf of the supplier with whom they have concluded an agreement for the supply of goods. This situation is possible in the cases described in article 168 (paragraph 3, paragraph 2) of the Tax Code. These include:
- the fact of the purchase of products, as well as works or services from foreign suppliers that are not registered with the Inspectorate of the Ministry of Taxes and Duties as tax payers;
- the procedure for obtaining, acquiring, and also renting property belonging to the bodies of the municipality or state power under agreements concluded with them.
When executing certain transactions, a new invoice is filled several times. So, if advance payment for the goods is made in advance, and then shipment is made, then this document must be drawn up twice. First, the amount of received funds, and then the value of the products. This provision is approved in Article 168 (Clause 3) of the Tax Code.
New invoices must be registered in a special ledger, as well as in sales and purchase books. This requirement is enshrined in Article 169 (Clause 3) of the Tax Code.
The law provides for situations when new invoices are not issued. These cases are stipulated by the Tax Code of the Russian Federation.
1. The preparation of invoices is not carried out by banks, organizations engaged in insurance, as well as non-state pension funds, when they carry out operations that are subject to VAT exemption.
2. New invoices are not issued by legal entities and individual entrepreneurs who are engaged in retail sales, catering, and also provide services (work) for the population using cash payment.
3. It is allowed not to make invoices to business entities and individual entrepreneurs applying special taxation regimes (Unified State Customs Union, UTII, USN). The legislative act establishes such a right, due to the lack of a basis for calculating VAT.
4. Not required to pay tax levied on value added, as well as issue invoices to the sellers of securities.
The Tax Code of the Russian Federation obliges taxpayers to comply with the deadlines for issuing invoices. This document is to be prepared within five days, taking into account non-working, starting from the date:
- receipt of advance payment, including partial payment, for the upcoming deliveries of products, provision of services, performance of work, as well as transfer of property rights;
- shipment of goods (the provision of various services and the performance of certain works).
The Tax Code of the Russian Federation indicates certain details that must be filled out in the invoice forms. These include:
- registration number, as well as the date of compilation;
- TIN of the buyer and seller, as well as their name and legal address;
- address, name of the consignee and its consignor;
- name of goods to be delivered or description of works (services), as well as their units of measurement;
- correction number;
- name and code of the currency in which the calculation is made.