of June 27, 2012 No. 17922/7/15-3417-01
Concerning the taxation of representations of the nonresident
The State Tax Service of Ukraine considered the letter of Representative office of firm concerning the tax matters of the VAT of transactions on conversion on customs area of Ukraine and reports.
Considering that the Law of Ukraine of 15.09.95 No. 327/95-BP "About transactions with raw materials supplied by the customer in the external economic relations" which regulated transactions with raw materials supplied by the customer, on June 1, 2012 ceased to be valid according to the Customs code of Ukraine of March 13, 2012 No. 4495-VI (further - I WEAVE), beginning from the specified date, transactions on goods placement in customs regime of conversion on customs area of Ukraine are performed according to Chapter 23 of the Section V "Customs regimes" WEAVE.
According to Article 148 of Chapter 23 of the Section V "Customs regimes" WEAVE goods placement in customs regime of conversion on customs area is performed with conditional full relief from the taxation customs payments.
In the course of conversion of foreign goods use of the Ukrainian goods (except fuel and energy) is not allowed on which the export duty is established by the law.
Goods placement in customs regime of conversion on customs area is allowed according to the written permission of customs authority according to the statement of the owner of these goods or person authorized by it. Permission to conversion of goods on customs area of Ukraine is issued by customs authority to the company gratuitously within five working days of registration date of the corresponding statement. In permission to conversion of goods on customs area of Ukraine the list of transactions on conversion and method of their implementation (Article 149 of Chapter 23 of the Section V "Customs regimes" WEAVE) is specified.
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