According to the press-office of the NFS, violation of the deadline for paying taxes to the public or special purpose funds as set out in the Law of Ukraine on payment systems and money transfer in Ukraine, due to the fault of a bank or agency providing treasury services to manage  budgets, with opening taxpayers’ accounts for electronic administration of value added tax, the said bank/agency shall pay a fee for each day of delay, including the date of payment, and other charges as set out in the Tax Code of Ukraine, as well as shall bear other responsibilities summarized in the said Code in case of untimely payment or underpayment of taxes, fees, charges for the budget and state special-purpose fund.

Meanwhile, the said taxpayer shall be discharged from liability for untimely payment or underpayment of taxes, fees, charges for the budget and state special-purpose fund, including accrued charges or fees. This is set out in paragraph 129.6 of article 129 of the Tax Code of Ukraine.

According to par. 129.7, article 129 of the Tax Code of Ukraine, it is not regarded to be the infringement of payment terms for transferring taxes, fees, charges due to the bank’s fault if this occurred as a consequence of regulation of banking norms performed by the National Bank of Ukraine (hereinafter – the NBU), what entailed a shortage of funds in the correspondent account.

If the bank or its successors intend to restore solvency, the accounting reference date for paying taxes, fees and other charges is regarded to be the start date of the recovery.

The supervisory authority does not apply penalties to a business entity in case of delayed transfer (non-transfer) of taxes, fees, charges for the budget and state special-purpose funds through the fault of the bank if it happened due to the NBU’s regulation of banking norms.

The business entity shall file an application with copies of payment documents to the supervisory authority to prove their prior submission to the bank.