The head office of the DPS in the Odesa region reports that in accordance with clause 187.1 of Art. 187 of the Tax Code of Ukraine (as amended, hereinafter referred to as the Tax Code), the date of occurrence of tax liabilities for the supply of goods/services is considered to be the date that falls on the tax period during which any of the events that occurred earlier occurs:
a) the date of crediting of funds from the buyer/customer to the taxpayer’s account in the bank/non-bank payment service provider as payment for goods/services to be supplied, and in the case of goods/services being supplied, the payment of which is made by electronic money, the date of crediting of electronic money to the payer of tax as payment for the goods/services to be supplied to the electronic wallet, and in the case of the supply of goods/services for cash, the date of posting of funds in the cash register of the taxpayer, and in the absence of such, the date of cash collection in the banking institution serving the taxpayer ;
b) the date of shipment of goods, and in the case of export of goods, the date of issuance of the customs declaration certifying the fact of crossing the customs border of Ukraine, issued in accordance with the requirements of customs legislation, and for services, the date of issuance of the document certifying the fact of the supply of services by the taxpayer.
For documents drawn up in electronic form, the date of execution of the document certifying the fact of the provision of services by the taxpayer is considered to be the date specified in the document itself as the date of its drawing up in accordance with the Law of Ukraine of July 16, 1999 No. 996-XIV “On Accounting and Financial reporting in Ukraine”, regardless of the date of imposition of the electronic signature.
Taking into account the above, the seller, when selling real estate, has VAT tax obligations on the date of the event that occurred earlier, namely, either on the date of crediting funds from the buyer, or on the date of drawing up a document certifying the transfer of ownership of such real estate .
Source: od.tax.gov.ua
