RECOMMENDATIONS OF THE SUPREME ECONOMIC COURT OF UKRAINE

of December 9, 2004 No. 04-5/3358

About some questions of use of the separate provisions of the law of Ukraine "About the value added tax"

For the purpose of identical and correct use of the provisions of the law of Ukraine "About the value added tax" of 03.04.97 N168/97 (далееЗакон N 168/97) concerning compensation of the value added tax from the Government budget of Ukraine, collection of the percent added on the amount of budget debt on the value added tax applications of zero rate of the value added tax in case of transactions on sales of goods which were exported (are exported) by the taxpayer out of limits of customs area of Ukraine, the presidium of the Supreme Economic Court of Ukraine considers necessary to make the following recommendations.

1. Application of instructions of the Law N168/97 concerning compensation of the value added tax and collection of the percent added on the amount of budget debt on the value added tax from the Government budget of Ukraine.

1.1. Economic courts need to consider that the basis of claims in cases on disputes on collection of budget debt on the value added tax, on collection of the percent added on the amount of budget debt is violation of the right of the taxpayer to obtaining provided by the Law N168/97 from the Government budget of Ukraine of excessively paid value added tax at the scheduled time.

According to the paragraph the fifth subitem 7.7.3 of Item 7.7 of article 7 of the Law N168/97 the taxpayer has the right at any time after emergence of budget debt to take a legal action with the recovery suit of means from the Government budget of Ukraine. On the amount of budget debt percent at the level of 120 percent from the discount rate of the National Bank of Ukraine established for the origin moments during the term of its action, including repayment day are charged.

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