of July 3, 2013 No. 10272/7/99-99-19-04-02-17
About provision by nonresidents of services which are not object of VAT liability
The ministry of the income and charges of Ukraine considered the letter of Ltd company <...> concerning provision of explanations on value added of transactions on provision of warranty services in the agreement of credit guarantee also reports about procedure for taxation.
By subitem 196.1.5 of Item 196.1 of Article 196 of the Section V of the Tax code of Ukraine (further - the Code) it is determined that are not the transaction taxation object on provision of services of payment institutes of the payment systems connected with money transfer on collection, settlement cash servicing, attraction, placement and return of means according to loan agreements, the deposit, contribution (including pension), management of means and securities (corporate laws and derivatives), orders, provisions, managements and concessions of rights to claim on financial loans of financial institutions, credit guarantees and bank guarantees of person who granted such loans, guarantees or guarantees.
As it is stated in request <...>, Ltd company <...> receives from the nonresident <...> services in provision of credit guarantee to requirements of the credit agreement between Ltd company <...> and European Bank for Reconstruction and Development.
As the service in provision of credit guarantees is included in the list of the transactions which are not the taxation object on value added, if such service is provided to the nonresident and also if such service from the nonresident turns out, the value added tax when implementing such transactions is not accrued.
Reporting specified and in view of the fact that the agreement of provision of credit guarantees for fulfillment of requirements of the credit agreement was signed by Ltd company <...> and <...> in 2010, that is until entry into force of the Code , the Ministry of the income and charges of Ukraine considers it is necessary to inform in addition that at the time of the conclusion of this agreement of regulation of the tax legislation about the taxation of this transaction were similar acting now.
First Deputy Minister
S. Derivolkov
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.