LETTER OF THE FEDERAL TAX SERVICE OF THE RUSSIAN FEDERATION

of March 20, 2013 No. AC-4-3/4811

Concerning question of the right to compensation of the VAT declared in the specified tax declaration provided after three-year term, stipulated in Item 2 articles 173 of the Code, FNS of Russia pays attention to the following.

According to Item 1 of article 176 of the Code if following the results of tax period the amount of the tax deductions exceeds the total amount of the VAT estimated on the transactions recognized by the taxation object according to subitems 1 - 3 Items 1 of article 146 of the Code, the received difference is subject to compensation (offsetting, return) to the taxpayer according to provisions of article 176 of the Code. After submission of the tax declaration by the taxpayer the tax authority checks justification of the tax amount declared to compensation when conducting cameral tax audit according to the procedure, stipulated in Clause 88 Codes.

Based on Item 2 of article 88 of the Code cameral tax audit is carried out authorized officers of tax authority according to their service duties without any special decision of the head of tax authority within three months from the date of submission of the tax declaration (calculation) by the taxpayer.

Owing to Item 1 of article 81 of the Code in case of detection by the taxpayer in the tax declaration of false information, and also mistakes which are not leading to understating of the tax amount which is subject to payment submitted to them to tax authority, the taxpayer has the right to make necessary changes to the tax declaration and to provide to tax authority the specified tax declaration according to the procedure, established by this Article.

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