Presidential Decree No. 706/2009 dated 4 September 2009 terminated clause 2 of
Resolution No. 757-p and all of Resolution No. 838-p of the Cabinet of Ministers on the grounds that these resolutions were not enacted in compliance with Ukrainian tax legislation. Due to the terminated provisions, a business entity could not input VAT credit charged by a supplier if applied to past fiscal periods and was not declared in these past periods.
In practice this happened quite often if, for instance, the relevant VAT invoice from the
supplier wass delayed and, as a result, a business could not include credit VAT at all.
