Receiving documents from the supplier late is quite an ordinary situation. But could there be negative consequences?
Being late in invoicing does not in itself deprive the organization of the right to a VAT deduction, but there are risks associated with violation of the tax accounting procedure.
Highlights:
1. Invoice deadline: According to the Tax Code of the Russian Federation, an invoice must be issued by the seller to the buyer no later than five calendar days from the date of shipment of goods (performance of work, provision of services).
2. Right to deduction: The organization has the right to accept VAT for deduction, even if the invoice is issued with a delay, subject to all other requirements of the law (the presence of a correctly executed document, etc.).
3. Inspections by regulatory authorities: However, when checking, the tax authorities pay attention to compliance with the deadlines for issuing invoices. Violation of these deadlines can become a reason for claims and refusal to accept the deduction.
4. Tax refund: If an organization is denied a deduction because of late invoicing, it can go to court to defend its right to deduction.
Despite the absence of a direct prohibition on taking a deduction when late issuing an invoice, it is better to comply with the deadlines established by law in order to minimize the risk of disputes with tax authorities.