LETTER OF STATE TAX ADMINISTRATION OF UKRAINE

of February 11, 1998 No. 1298/11/15-2118

About tax withholding from income of nonresidents gained by them from sources in the territory of Ukraine

The State Tax Administration of Ukraine considered the letter of department of currency control of the National Bank of Ukraine of 26.01.98 N 13-110/156 on tax withholding from income of nonresidents gained by them from sources in the territory of Ukraine and reports.

By Item 13.2 of article 13 of the Law of Ukraine "About the taxation of profit of the companies" (with the made changes and additions) it is determined that the resident or permanent mission of the nonresident which perform for benefit of the nonresident any payment from income with source of its origin from Ukraine gained by such nonresident from implementation of economic activity (including into accounts of the nonresident which are operated in hryvnias) except the income specified in Items 13.3-13.6 of article 13 of the Law shall hold during payment of such income and in addition pay tax on repatriation of the income in the amount of 15 percent from the amounts of such income due to such payment if another is not provided by regulations of international agreements which are enacted.

According to Item 16.12 of article 16 of the specified Law, responsibility for deduction and budget contribution of tax on repatriation of the income of nonresidents are born by taxpayers who perform the corresponding payments. Transfer of the specified taxes is performed to / or together with implementation of such payments.

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