of October 19, 2011 No. 3529/7/15-3417-23
Concerning VAT liability of transitional commission transactions
The State Tax Service of Ukraine considered the letter concerning procedure for determination of the tax liabilities and the tax credit during implementation by taxpayers of activities for delivery/receipt of goods/services within commission agreements in cases when payment by the broker of the goods shipped to it by the consignor in 2010 be performed in 2011, and concerning the taxation of the amounts of outstanding receivables of the consignor which were not extinguished by the broker in connection with its liquidation, and reports.
According to Item 189.4 of Article 189 of the Section V of the Tax code of Ukraine of 02.12.2010 No. 2755-VI (further - the Code) taxation basis for goods/services which are transferred/turn out within commission agreements (consignment), bail, trust management is the delivery cost of these goods determined according to the procedure, stipulated in Clause the 188th this Code. Date of increase in the tax liabilities and the tax credit of taxpayers which perform delivery/receipt of goods/services within commission agreements (consignment), bails, orders, trust management, other civil agreements and without the property right to such goods / services is determined by rules, the established articles 187 and 198 of this Code.
As for transactions on delivery of goods and acquisition of goods/services in commission agreements which were concluded till 01.01.2011 to such transactions on whom first event took place till 01.01.2011, it is necessary to apply the provisions of the law of Ukraine "About the value added tax" (further - the Law), and on those transactions on whom first event took place or will happen in 2011 (even if agreements are signed till 2011), the tax liabilities and the tax credit shall be determined according to Code regulations.
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