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LETTER OF THE STATE TAX SERVICE OF UKRAINE

of August 20, 2012 No. 560/0/61-12/15-3415-02

The State Tax Service of Ukraine considered the letter of Ltd company of 04.07.2012 No. 246 concerning procedure for adjustment of the tax credit upon transition of the taxpayer to value added to application of special tax regime in the field of agricultural industry and reports.

Rules of application of special tax regime of activities in the field of rural and forestry, and also fishery are determined by article 209 of the Tax Code of Ukraine (further - the Tax Code of Ukraine).

By Item 209.1 of Article 209 of the Section V of the Code it is determined that the resident which carries out business activity in the field of rural and forestry and fishery and answers the criteria established in Item 209.6 of this Article (further - agricultural enterprise) can choose special tax regime.

Item 5 of the Section I of the Procedure for the filling and submission of tax statements on the value added tax approved by the order of the Ministry of Finance of Ukraine of 25.11.2011 No. 1492, provides that taxpayers who according to Article 209 of the Section V of the Code apply special tax regime of activities in the field of rural and forestry, and also fishery submit the tax declaration on the value added tax (reduced) which is integral part of the reporting for the corresponding accounting period.

According to subitem 209.15.1 of Item 209.15 of Article 209 of the Section V of the Code goods/service which are acquired by agricultural enterprise for their use in production of agricultural products belong to production factors due to which the tax credit is created, and also fixed assets which are acquired (are constructed) for the purpose of their use in production of agricultural products.

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