Primary documents can be destroyed for various reasons – due to negligence, accident or external factors (for example, the destruction of a company’s office as a result of hostilities). Such documentation is often of critical importance, even if electronic counterparts or copies exist. In their absence, the company can suffer serious consequences.
The legislation of Ukraine provides for the procedure for restoring primary documents in case of their loss or destruction. There are a number of special provisions and privileges that apply during martial law. Restoring destroyed documents includes preparing acts of loss or creating new documents based on information available about the lost ones. If the requirements for document storage are not met, the company may be liable under the law. In this case, you may need a tax lawyer.
Why is it important to keep original documents?
Primary documents are extremely important for the official confirmation of financial transactions for any business, so their storage is regulated by law. In Ukraine, there are clear rules on the mandatory storage of primary documents, which is described in the Law of Ukraine “On Accounting and Financial Reporting in Ukraine” and other acts.
The role of primary documents in accounting and tax accounting
First of all, primary documents are the basis of accounting and tax accounting - they are evidence of internal transactions and the basis for registration in accounting registers, preparation of financial statements, taxation. Without primary documents, it is impossible to fulfill tax obligations correctly and in accordance with the law, since it is these documents that confirm the expenses, income and other financial transactions of the enterprise.
What to do in case of loss or destruction of primary documents?
In case of loss or destruction of primary documents, the enterprise must comply with the procedure and requirements of the legislation. According to paragraph 44.5 of the Tax Code of Ukraine, the taxpayer is obliged to notify the regulatory authority in writing about the loss of documents within 5 days. After that, 90 days are given to restore the lost documents.
According to Regulation No. 88, the enterprise must create a commission to establish the circumstances of the loss and draw up a report based on the investigation.
How to properly prepare restored documents for accounting and tax?
- First, you need to prepare a special report, which will indicate the reasons for the loss or destruction. After receiving all the restored documents, they must be approved by the manager with the appropriate seal and signature.
- You should carefully check the numbering and date in the restored documents - it should correspond to the date of their actual creation.
- All restored documents must be registered in the company's accounting system.
- If documents that will be submitted to the tax office have been restored, you will need to report that the restored documents are being used.
Responsibility for the lack of primary documents
There are various types of liability for damage or loss of primary documents, including fines provided for by law. More often, they are not related to the fact of loss itself, but to untimely submission of documents to tax authorities (from 510-1020 UAH fine) or to the lack of necessary documentation during an audit.
In the event of intentional destruction or falsification of primary documents, criminal sanctions may be applied.
If it is impossible to restore the originals, you can use copies or other documents that can be seen and confirmed by the main internal operations in the company. During martial law, according to subparagraph 69.28 of the Labor Code of Ukraine, companies located in combat or temporarily occupied territories may be exempted from liability for damage or lack of original documents.
It is recommended to contact the lawyers of Inferno Digital Law Company if there is a risk of issues related to document restoration and their untimely execution. Professional specialists have extensive experience in resolving legal issues related to the restoration of accounting and tax documentation.
Show on map