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LETTER OF THE STATE TAX SERVICE OF UKRAINE

of September 13, 2012 No. 1868/0/61-12/15-3115

The State Tax Service of Ukraine considered the letter concerning provision of explanation of rather tax accounting in case of reduction of the tax liabilities for the value added tax in the presence of the amount of negative value or the amount of budget compensation which arose in the previous accounting (tax) periods, and within competence reports.

According to article 200 of the Tax Code of Ukraine of 02.12.2010 the tax amount which is subject to payment (transfer) in the Government budget of Ukraine or to budget compensation is determined No. 2755-VI (further - the Code) as difference between the amount of the tax liability of the accounting (tax) period and the amount of the tax credit of such accounting (tax) period. In case of positive value of the amount calculated according to Item 200.1 of article 200 of the Code, such amount is subject to payment (transfer) in the budget in the terms established by the Section V of the Code (Item 200.2 of article 200 of the Code).

In case of negative value of the amount calculated according to Item 200.1 of article 200 of the Code, such amount is considered in reduction of the amount of tax debt on tax which arose for the previous accounting (tax) periods (including spread or delayed according to the Code), and in case of absence tax dolgazachislyatsya in structure of the tax credit of the next accounting (tax) period (Item 200.3 of article 200 of the Code).

According to Item 200.4 of article 200 of the Code if in the following tax period the amount calculated according to Item 200.1 of article 200 of the Code has negative value, then:

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