LETTER OF THE STATE TAX SERVICE OF UKRAINE

of March 27, 2012 No. 5434/6/23-50.0114

GNSU considered the letter of society concerning the right of the payer to include in structure of the tax credit the VAT amount paid when importing gratuitously of products received from the nonresident which will be gratuitously widespread further on customs area of Ukraine and reports the following.

According to item 198.3 of Art. 198 of the Tax code of Ukraine (дальшеКодекс) the tax credit of the accounting period is determined proceeding from the contractual (contractual) cost of goods/services, but it is not higher than the level of regular prices determined according to Art. 39 of the Code and consists of the amounts of the taxes accrued (paid) by the taxpayer at the rate established by item 193.1 of Art. 193 of the Code during such accounting period in connection with acquisition or production of goods (including in case of their import) and services for the purpose of their further use in taxable transactions within economic activity of the taxpayer.

In case of commodity importation on customs area of Ukraine the customs declaration which is drawn up according to requirements of the legislation which confirms the tax discharge (item 201.12 of Art. 201 of the Code) is considered the document certifying the right to reference of tax amounts to the tax credit.

According to item 198.2 of Art. 198 of the Code for transactions on import to customs area of Ukraine of goods date of emergence of the right to reference of tax amounts to the tax credit is the payment date (charges) of tax on the tax liabilities according to item 187.8 of Art. 187 of the Code.

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