LETTER OF THE STATE TAX SERVICE OF UKRAINE

of February 25, 2013 No. 2801/6/15-5215

The State Tax Service considered the letter of Ltd company concerning the taxation of transactions on alienation of securities and reports.

According to subitem 213.1.7 of Item 213.1 of article 213 of the Tax Code of Ukraine (further - the Code) transactions on sale, exchange or other methods to 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, are the taxation objects the excise tax.

Payers of the extraordinary tax on transaction on alienation of securities and transactions with derivatives are physical person or legal entity - the resident or the nonresident (including their separate divisions) who perform operations with derivatives or on sale, exchange or other methods to alienation of securities, except cases, stipulated in Item 213.2 articles 213 of this Code (subitem 212.1.9 of item 212.1 of article 212 of the Code).

In case of this subitem 213.3.3 of item 213.3 of article 213 of the Code it is determined that persons determined in subitem 212.1.9 of Item 212.1 of this Article are not subject to registration as taxpayers.

By Item 214.8 of article 214 of the Code it is determined that taxation basis of the extraordinary tax on transaction on alienation of securities and transactions with derivatives is the contractual cost of securities or derivatives determined in source accounting documents by any transaction on sale, exchange or other methods of their alienation.

In the terminological dictionary alienation is determined as sale, talent, exchange.

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