of December 20, 2019 No. 425-IX
About introduction of amendments to the Tax Code of Ukraine in connection with enhancement of the procedure of carrying out financial restructuring and concerning enhancement of the taxation of transactions of financial leasing
The Verkhovna Rada of Ukraine decides:
1. Bring in the Tax code of Ukraine (Sheets of the Verkhovna Rada of Ukraine, 2011, Art. No. No. 13-17, 112) the following changes:
Item 189.5 of Article 189 to state 1) in the following edition:
"189.5. In case of delivery of goods which were returned by the leasing recipient to the lessor under the agreement of financial leasing in connection with its non-execution or improper execution (including are returned based on executive text of the notary) and at the same time by the lessor on transaction on return of such goods of the tax credit tax amounts were not included, taxation basis is the positive difference between the delivery price and the price of acquisition of such goods.
The price of acquisition is determined as the cost of goods at which such goods were returned to the lessor namely as original cost of goods (object of financial leasing) less the paid leasing payments regarding compensation of project cost of financial leasing. In case of purchase of goods at the taxpayer the price of acquisition is determined including tax on value added.
If on goods which taxation basis by delivery was determined as positive difference between the delivery price and the price of acquisition in future tax periods of tax amount on transaction on return of such goods were included in structure of the tax credit of the lessor, the provision of Item 198.5 of article 198 of this Code is applied";
2) in the Section XX "Transitional provisions":
to state Item 46 of subsection 2 in the following edition:
"46. Temporarily, till January 1, 2023, are exempted from the taxation by the transaction value added tax:
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