New opinion of ministry of finance – incorrect vat amount on invoice

With the new opinion of the Ministry of Finance 011-00-97 / 2019-04 from 10.07.2019 the problem that occurs when the VAT payer issues the wrong invoice is resolved. Namely, if the VAT payer misrepresents the VAT in the invoice or other document serving as the invoice, the VAT taxpayer is obliged to pay the stated VAT until he corrects the error in the new invoice, but the recipient of the invoice (VAT payer) is not entitled deduct VAT until it receives the correct invoice.

The new opinion stipulates that the VAT taxpayer who issued the wrong invoice has the right to reverse the invoice, for example by creating a special document which should contain information on the number and date of the wrong invoice to be reversed, as well as to submit that document to the buyer. The VAT taxpayer who created the wrong invoice and recorded it in his information system is obliged to keep records of wrongly made invoices and documents on the basis of which those invoices were canceled.