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Reorganization of legal entities – VAT payer: adjusting tax liabilities and conditional VAT?

  • Reorganization of a legal entity
  • VAT payer: no need to adjust the tax credit or charge conditional liabilities
  • A VAT payer undergoing reorganization through merger, consolidation, transformation, division, or spin-off does not adjust the tax credit or reduce VAT
  • According to tax authorities in Cherkasy region, registration of a taxpayer remains valid until cancellation, which occurs when the taxpayer decides to liquidate and settles tax obligations
  • If goods/services, non-current assets, or tax amounts included in the tax credit were not used in taxable transactions, the taxpayer must determine tax liabilities based on the usual price of such goods/services or assets
  • Reorganization operations of legal entities (merger, consolidation, division, spin-off, transformation) are not subject to taxation
  • A VAT payer must calculate tax liabilities based on the tax base determined according to the law when goods/services or assets start being used in non-taxable transactions
  • A VAT payer undergoing reorganization through merger, consolidation, transformation, division, or spin-off does not adjust tax liabilities or reduce tax credit for transactions involving goods/services or assets not used in taxable transactions.

Source: news.dtkt.ua

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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