of January 26, 2012 No. 2625/7/15-1217
About advance installment on the income tax
(Endurance)
The State Tax Service of Ukraine for the purpose of the proper organization of administration of the income tax, task performance determined in Items 1.1. 5, 2.1.3 Work plans of the State Tax Service of Ukraine for the I quarter 2012, GNS of Ukraine, and control of completeness of payment of advance installments approved by the Chairman on the income tax in case of charge and payment by subjects of managing of the dividends added on the share by results of financial and economic activities in previous years report.
By Item 153.3 of article 153 of the Tax Code of Ukraine (further - the Code) it is determined that in case of decision making concerning dividend payout the issuer of corporate laws on which dividends are charged carries out the specified payments to the owner of such corporate laws irrespective of whether there is taxable profit calculated by the rules determined by article 152 of this Code or not.
The issuer of corporate laws who makes the decision on dividend payout to the shareholders (owners) assesses and brings in the budget advance installment on tax in the amount of the rate, stipulated in Item 151.1 articles 151 of the Code added on the amount of dividends which are actually paid without reduction of the amount of such payment by the amount of such tax. The specified advance installment is brought in the budget to / or along with dividend payout.
At the same time in some cases the advance installment in case of dividend payout is not levied. In particular, according to the Law of Ukraine of November 17, 2011 No. 4057-VI "About introduction of amendments to the Tax Code of Ukraine concerning stimulation of investments into domestic economy" which became effective since January 1, 2012 such payment is not transferred into the budget in case of dividend payout by the taxpayer whose profit is exempted from the taxation according to Code provisions, in the amount of the profit exempted from the taxation in the period for which dividends are paid.
Deputy director of Department of the taxation of legal entities of GNS of Ukraine
L. Vorontsova
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