Regarding unscheduled documentary audits of business entities that carry out export and import of products
Part 1 of Article 13 of the Law of Ukraine № 2473-VIII as of 21.07.2018 "On currency and currency operations" stipulates that the National Bank of Ukraine (hereinafter – NBU) has a right to establish settlement deadlines for export and import of products, as well as exceptions and (or) specifics of the introduction of this protection measure for certain products and (or) sectors of economy at request of the Cabinet of Ministers of Ukraine.
As of today, according to Paragraph 142 of Resolution of the NBU Board № 18 as of 24.02.2022 "On the operation of banking system during the martial law", settlements limit deadlines for export and import of products are 180 calendar days.
At the same time, Paragraph 12 of Resolution of the NBU Board № 67 as of 14.05.2019 "On establishing exceptions and (or) peculiarities of the introduction of settlement deadlines for export and import of products and making changes to some regulatory legal acts" stipulates that settlement deadlines for export of products classified by codes according to the Ukrainian classification of the foreign economic activity products: 1001, 1002, 1003, 1004, 1005, 1201, 1205, 1206 00, 1507, 1512, 1514, 2306 amount to 90 calendar days and are applied to operations carried out from 11.11.2023.
Sub-paragraph 78.1.1 Paragraph 78.1 Article 78 of the Tax Code of Ukraine stipulates that unscheduled documentary audit is carried out in the presence of receipt of tax information, which indicates violation of currency legislation committed by the taxpayer, control of compliance with which is entrusted to the controlling authorities, if the taxpayer does not provide explanation and their documentary confirmation upon obligatory written request of the controlling body, within 15 working days from day following the day of receipt of the request.
During the control and verification measures, working out information of the NBU regarding facts of violations by residents of settlement deadlines for export and import of products carried out by the authorized banking institutions, a significant number of facts were established:
non-submission by resident to the banking institution of a complete package of documents required for implementation of currency supervision over compliance with settlement deadlines;
receipt of register of customs declarations by resident who is not a client of this bank;
receipt of funds from non-resident under export to the resident's bank account, which is not specified in customs declaration;
failure to notify banking institution of changes to customs declaration based on the adjustment sheet.
Non-provision by residents of a complete package of documents and up-to-date data to banking institution is obligatory basis for the State Tax Service’s authorities to conduct unscheduled documentary audit.
It should be emphasized that business entities that carry out export and import of products must provide servicing bank with full set of documents that are necessary for currency supervision of compliance with settlement deadlines.
Timely provision by residents to banking institution of necessary documents on foreign economic operations will reduce a number of reports to the NBU about violations and, as a result, will reduce a number of audits of subjects of foreign economic activity.
