LETTER OF THE STATE CUSTOMS SERVICE OF UKRAINE

of December 18, 2012 No. 11.1/1.2-14/14129-EP

Rather practical questions of application of Item 123.2 of article 123 of the Tax Code of Ukraine

By results of study of practical questions which arise during application of Item 123.2 of article 123 of the Tax Code of Ukraine, report the following.

The specified regulation of the Tax code of Ukraine establishes responsibility for use of the amounts of the taxes which are not paid in the budget as a result of receipt of tax benefit, not to destination and/or contrary to conditions or the purposes of its provision according to the law concerning the corresponding tax.

The specified responsibility comes in addition with responsibility, stipulated in Item 123.1 articles 123 of the Tax Code of Ukraine, in cases when the privilege is received by the taxpayer legally, however it does not comply the appointments established by the law and/or conditions or the purposes according to which the amounts of means which are not paid in the budget as a result of receipt (application) of such privilege shall be used.

Premises of application of Item 123.2 of article 123 of the Tax Code of Ukraine is finishing in accordance with the established procedure use of the amounts of means which are not paid in the budget as a result of application of tax benefit, not to destination and/or contrary to conditions or the purposes of provision of this privilege according to the law concerning the corresponding tax.

If the results of customs control received later the ends of procedure of customs clearance and release of goods demonstrate understating of the tax liabilities determined by the taxpayer in customs declarations as a result of illegal receipt of tax benefit - there comes responsibility, stipulated in Item 123.1 articles 123 of the Tax Code of Ukraine.

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