FEATURES OF TAX CONTROL OVER COMPLIANCE WITH THE RULES OF SETTLEMENT OPERATIONS AND DETERMINATION OF FINANCIAL SANCTIONS FOR THEIR VIOLATIONS

Abstract

The author notes in the article that settlement transactions are a classic area for tax evasion. Therefore, tax control becomes a tool for identifying risky payers, destroying VAT schemes, and preventing market shadowing. Such control over settlements ensures equal competitive conditions, makes it impossible to carry out activities “in the shadows” without paying taxes, and generates positive signals for foreign investors. On the other hand, the state, while maintaining control over risky transactions, should not complicate the activities of small and front-line businesses where the risks are minimal during settlement transactions. The author also justifies the application to the disputed legal relations of the Law of Ukraine “On the use of registrars of settlement transactions in the sphere of trade, public catering and services” in the version that was in force at the time of the existence of such legal relations; non-extension of the new editions of the norms of the Law of Ukraine “On the use of registrars of settlement transactions in the sphere of trade, public catering and services” to legal relations that arose and ended before the entry into force of the new edition of these norms of the Law; the norms of the Law of Ukraine “On the use of registrars of settlement transactions in the sphere of trade, public catering and services” are special in relation to disputed legal relations in comparison with the norms of the Tax Code of Ukraine; application of only one financial sanction, which is provided for by clause 1 of part 1 of article 17 of the Law of Ukraine “On the use of registrars of settlement transactions in the sphere of trade, public catering and services” at the time of the disputed legal relations.