LETTER OF THE STATE TAX SERVICE OF UKRAINE

of October 14, 2011 No. 2715/5/15-3416

About determination of taxation basis according to the paragraph to the fifth item 188.1 of the Tax code

The State Tax Service of Ukraine considered the letter concerning procedure for application of the paragraph of the 5th Item 188.1 of article 188 of the Tax Code (further - the Code) and reports.

According to the paragraph of the 5th Item 188.1 of article 188 of the Code in case of delivery of production or non-productive means, other goods / services without payment, with partial payment, within exchange, within donation, in payment for work to physical persons which consist in employment relationships with the taxpayer to the face tied with the supplier, the subject of managing who is not registered by the taxpayer, to other persons who are not registered by taxpayers, the taxation basis is determined proceeding from their contractual (contractual) cost, but not below the regular prices.

At the same time by delivery of production or non-productive means, other goods / services determined in the paragraph of the 5th Item 188.1 of article 188 of the Code, the taxpayer determines taxation basis proceeding from their contractual (contractual) cost, but not below the regular prices.

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