LETTER OF STATE TAX ADMINISTRATION OF UKRAINE

of April 6, 1998 No. 3732/10/17-0117

Concerning the taxation of the income of business activity

Due to the ambiguous interpretation of some provisions of the Law of Ukraine ""About the income tax from citizens" of February 13, 1998 the No. 129/98-BP State Tax Administration of Ukraine reports the following about introduction of amendments to the Decree of the Cabinet of Ministers of Ukraine.

According to the above-mentioned Law citizens who perform business activity without creation of the legal entity have the right to independently choose method of the taxation of income gained from these activities behind the fixed amount of tax by acquisition of the patent, one of conditions of which is that the citizen performs business activity on sales of goods and provision of the services accompanying such sale in the markets and is payer of market collection according to the legislation.

For more accurate determination of circle of payers who pay market collection it must be kept in mind that by the Ministry of Foreign Economic Relations and trade of Ukraine the project of industry standard of Ukraine "Retail, wholesale trade and public catering is developed. Basic concepts. Terms and determinations" which is approved by order МВЭСторга of 03.09.97 of N 456, and which is recommended for use in practical activities for the period before registration and the introduction in action of industry standard by which it is determined that market collection is payment for trade places in the markets and in pavilions, on the covered and open tables, platforms for trade from cars, carts, motorcycles, hand trucks that is collected from legal entities and citizens who sell agricultural and industrial products and other goods in the markets.

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