LETTER OF THE STATE TAX SERVICE OF UKRAINE

of February 21, 2013 No. 2704/6/15-1415-13

The State Tax Service of Ukraine considered the letter concerning the taxation the excise tax of transactions on alienation of securities and transactions with derivatives and reports.

According to item 137.1 of Art. 137 of the Tax code of Ukraine (the Code is farther) the income from sales of goods is recognized date of transition to the buyer of the property right to goods.

In connection with the introduction in action since 03.01.2013. The law of Ukraine of 06.12.2012 No. 5519-VI "About introduction of amendments to the Tax Code of Ukraine of rather further enhancement of administration of taxes and fees" (further - the Law) according to subitem 213.1.7 of item 213.1 of Art. 213 of the Code the taxation objects the extraordinary tax are transactions on sale, exchange or other methods of alienation of securities where there is transition of the property right to securities, and transactions to derivatives, except transactions which are performed in the interbank market of derivatives.

According to subitem 14.1.31 of item 14.1 of Art. 14 of the Code property acquisition is any actions of the taxpayer owing to which making such taxpayer according to the procedure, provided by the law, loses the property right to property which belongs to such taxpayer, or right to use, in particular, natural resources which in the procedure determined by the legislation are provided to it in use.

Therefore, transactions with securities where transition of the property right took place to the introduction the Law in action, are not subject to the taxation the excise tax.

Obligations on payment of the excise tax on transactions on alienation of securities will arise in case of transition of the property right to them after the introduction of the Law in action.

In turn, according to subitem 213.2.3 of item 213.2 of Art. 213 of the Code are not subject to the transaction taxation with investment certificates, irrespective of type of such transactions.

Concerning the taxation of transactions with bills of exchange it should be noted it.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info