LETTER OF STATE TAX ADMINISTRATION OF UKRAINE

of April 22, 2009 No. 1767/K/17-0414

Concerning possibility of application by physical persons by the entrepreneurs who are engaged in agricultural production, special tax regime on value added

The State Tax Administration of Ukraine considered (...) the letter sent to the address of the State committee of Ukraine concerning regulatory policy and entrepreneurship concerning possibility of application by physical persons - the entrepreneurs who are engaged in agricultural production, special tax regime on value added, the stipulated in Article 8-1 Law of Ukraine "About the value added tax" also reports the following.

According to item 8-1.1 of article 8-1 of the Law of Ukraine "About the value added tax" of April 3, 1997 N 168/97-BP (further the Law) the special tax regime can choose the resident performing business activity in the field of rural and forestry and fishery and corresponding to the criteria established in Item 8-1.6 of this Article (further agricultural enterprise).

According to subitem 8-1.6 of article 8-1 of the Law the company which main activities is delivery made (provided) it agricultural goods (services) on own or leased production capacities in which the specific weight of cost of agricultural goods (services) makes at least 75 percent of cost of all goods (services) delivered during the previous twelve consecutive accounting tax periods in total is considered agricultural.

The item 4 of Article 62 of Chapter 7 of the Economic code of Ukraine of 16.01.2003 N 436-IV, in particular, provides that the company is legal entity.

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