A new amendment to Act No. 235/2004 Coll. on value added tax will come into effect as of 1 April 2019.
This amendment permits, among others, to take into account issued corrective tax invoices (credit notes) in VAT returns. Within the time limit for the issue of the relevant tax document, the payer shall use appropriate efforts that can be reasonably required from him to deliver such documents to the customer (this rule shall also apply to the issue of regular invoices). According to the amended provision, such appropriate efforts represent, with respect to credit note,s a direct condition allowing the payer of the tax to reduce the tax and VAT basis in the tax return. This means that the payer of the tax may newly include the credit note in the tax return for the month when he provably tried to deliver the credit note to the customer (by sending it by registered mail or by e-mail) and it is no longer necessary to wait until the confirmation of receipt of the credit note by the customer.
This amendment also stipulates the duty to determine the taxable supply date in the issue of corrective tax invoices; such date shall be the date of occurrence of the facts relevant for the correction of the tax base.
Senior Tax Consultant