VAT-invoices signed by facsimile

VAT-invoices signed by facsimile

For a long time, the permissibility of signing VAT invoices by facsimile was disputed. Court verdicts contradicted each other and were supported with various arguments.


However, recently the Supreme Arbitration Court published Decision № 4134/11 of 27 September 2011, which significantly enhances the tax risk that VAT will be denied if VAT invoices are signed by facsimile. 


The court took a formal approach and ruled that signing VAT invoice by facsimile contradicts the requirements of Federal Law № 129-FZ of 21 November 1996 “On accounting” and provisions of Article 169 of the Russian Tax Code.


As a result, the Supreme Arbitration Court concluded that input VAT substantiated by a VAT invoice signed by facsimile cannot be refunded. Therefore, accepting VAT invoices signed by facsimile creates tax risk and should be avoided.

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