LETTER OF STATE TAX ADMINISTRATION OF UKRAINE

of February 29, 2000 No. 2831/7/16-1220-5

About need of registration as payers of the VAT of the entrepreneurs performing retail trade on the terms of market collection

GNA of Ukraine considered the letter of the citizen on need of registration as payers of the VAT of the entrepreneurs performing retail trade on the terms of market collection and reports the following.

According to explanations of Committee I LIE concerning finance and banking activity of 26.05.99 N 06-10/366 "About order of registration of taxpayers on value added" physical persons - subjects of business activity who perform trade on the terms of payment of the fixed tax and are payers of market collection, according to item 2.3 of Art. 2 of the Law of Ukraine of 03.04.97 N 168/97-BP "About the value added tax" have no status of the payer of the VAT.

Considering specified, the called subjects of business activity shall not be registered as payers of the VAT according to part one of item 9.3 of Art. 9 of the specified Law (as the subjects of business activity created later entries into force of this Law irrespective of type of activity and amounts of transactions on sales of goods), according to part two of item 9.3 of Art. 9 of the Law (registration at own will of the payer according to the statement in connection with amounts of taxable turnovers less than 1200 free minima of the income of citizens).

At the same time we report that the specified category of entrepreneurs loses all rights of the payer of the VAT (conducting tax accounting, the statement of tax delivery notes, implementation of deduction of entering into the budget of the tax paid by the buyer (except for the VAT amounts paid when importing to customs area of Ukraine of goods or obtaining from nonresidents of works, services)), forming of the tax credit and budget compensation".

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