LETTER OF STATE TAX ADMINISTRATION OF UKRAINE

of July 20, 2000 No. 4138/6/16-1313

About the taxation of goods which were exported from customs area of Ukraine earlier and return to this territory for the purpose of their replacement

The State Tax Administration of Ukraine considered the letter on the tax matters of goods which were exported from customs area of Ukraine earlier and return to this territory for the purpose of their replacement, and reports.

According to article 3 of the Law of Ukraine of 03.04.97 N 168/97-BP "About the value added tax" which became effective since 01.10.97 the taxation object are transactions of payers on import (transfer) of goods to customs area of Ukraine, including transaction on import (transfer) of property according to lease agreements (leasing), pledge and mortgage. Along with it according to subitem 7.3.6 of article 7 of the above-stated Law date of emergence of the tax liabilities in case of commodity importation is date of execution of the import customs declaration with indication of in it tax amounts on value added.

Besides, this Law (Item 11. 5) the possibility of the tax discharge on value added is provided during customs clearance by issue of the tax anticipation bill. At the same time the amount specified in the tax anticipation bill joins in the tax liabilities in the tax declaration of the accounting period on which the 30th calendar day from the date of its issue falls. The taxpayer will acquire the right to the tax credit in the next accounting period after inclusion of the tax anticipation bill in the tax liabilities provided that the cost of such exported goods joins in gross expenses.

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