According to Part 1 of Article 104 of the Civil Code of Ukraine, a legal entity shall be terminated as a result of reorganization (merger, accession, spin-off, transformation) or liquidation.
In case of reorganization of legal entities, the property, rights, and obligations shall be transferred to the legal successors.
Participants of a legal entity, the court or the body that made the decision to terminate the legal entity, under the Civil Code of Ukraine, shall appoint the termination commission of the legal entity (reorganization commission, liquidation commission), the chairman of the commission or the liquidator and establish the procedure and time limit for creditors to file their claims against the legal entity that is being terminated (Part 3 of Article 105 of the Civil Code of Ukraine).
The functions of the termination commission of a legal entity (reorganization commission, liquidation commission) may be assigned to the management body of the legal entity.
The termination commission of a legal entity (reorganization commission, liquidation commission) or liquidator shall be responsible for managing the affairs of the legal entity from the moment of appointment. The chairman of the commission, its members or the liquidator of a legal entity shall represent it in relations with third parties and act in court on behalf of the legal entity that is being terminated (Part 4 of Article 105 of the Civil Code of Ukraine).
According to Part 7 of Article 111 of the Civil Code, to conduct inspections and determine the presence or absence of debt, in particular, for the payment of taxes, fees, a single contribution to mandatory state social insurance, the liquidation commission (liquidator) shall ensure timely provision to the STS bodies of documents of a legal entity (its branches, representative offices), including primary documents, accounting and tax accounting registers.
Prior to the approval of the liquidation balance sheet, the liquidation commission (liquidator) shall prepare and submit reports for the last reporting period to the STS bodies.
Consequently, from the moment of opening the liquidation procedure, all rights of the head of a legal entity shall be transferred to the chairman of the liquidation commission (liquidator). Such a taxpayer (represented by the chairman of the liquidation commission (liquidator)) must submit and sign tax reports to the controlling body at the place of registration and/or at the secondary place of registration before the date of making an entry on the termination of the legal entity in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations.
In case of state registration of termination of entrepreneurial activity of an individual entrepreneur by its decision, tax reports shall be submitted against the signature of the individual himself/herself or another person notarized by the taxpayer to carry out such filling.