The State Fiscal Service of Ukraine in its letter “On income determination of unified tax payers - business entities of retailing that pay excise tax” of 07.08.15, № 16757/6/99-95-42-03-15 informed: the amount of excise tax, which to be obtained by the unified tax payers – retailer of exercise goods as a part of the cost of sold excisable goods, should be included into the income of the unified tax payer.
Consequently, such an income should be taxed taking into account amounts of excise tax at rates in force for certain groups of unified tax payers (subparagraph 1, 2, 3 of para. 293.3 of TCU). Increased rates of unified tax (paras.293.4, 293.5 of TCU) are not applied to such income.
The State Fiscal Service of Ukraine in its letter “On budget refund of value added tax” of 28.09.15, № 20540/6/99-95-42-01-16-01 explained: the following VAT payers have the right to include VAT amounts in the budget refund, amounts paid when purchasing of goods (services) used for construction of fixed assets (hereinafter - FA):
- those who received this status for less than 12 calendar months;
- those who had less volume of taxable transactions for the last 12 calendar months than claimed amount of budget refund.
The following people are not entitled to the budget refund, according to para. 200.5 of the Tax Code of Ukraine:
- those who were registered as VAT payers for less than 12 calendar months before the month by results of which the application to budget refund to be applied. The exception is accruing of the tax credit resulting of purchasing or construction of FA;
- those who had less volume of taxable transactions for the last 12 calendar months than claimed amount of budget refund (except accrual of credit when purchasing or construction of FA).
The State Fiscal Service of Ukraine by its letter “On foreign economic activity” of 28.09.2015, № 9062/Б/99-99-17-02-02-14 reported that invoice in foreign economic activity should not be considered to be as primary document, since it provided for invoicing of certain amounts to be paid to customers for goods (services). The very fact of goods receipt to be confirmed by the expenditure invoice of the supplier or by the Delivery-Acceptance Act of executed works (services).
The State Fiscal Service of Ukraine in Kyiv city in its letter “On peculiarities of preparation of the consolidated tax invoice” of 17.09.15, № 14401/10/26-15-15-01-18 reminded: if within a month the supplier received in payment for goods / services more funds than was actually delivered of goods / services during that month, this overrun should be considered to be as advance payment on which a separate tax invoice to be prepared in general terms. It is permitted to issue consolidated tax invoice on deliveries, which have continuous or rhythmic character (two or more times per month for one buyer), not later than the last day of the month. Thus, VAT payers should draw up consolidated tax invoice carefully, avoiding getting in it the advance payment under transactions on which the tax invoice was already drafted in the previous period.
The State Fiscal Service of Ukraine in Kyiv city in its letter “On VAT accrual on the cost of supply” of 16.09.15, № 14321/10/26-15-15-01-09 explained the procedure of application of VAT benefits when the supplies of printed periodical publications of mass media.
According to them, the regime of VAT exemption applies to supply transactions (prepayment) and delivery of periodical publications of mass media (except publications of erotic nature) of domestic production at all stages of the supply from producers to the final consumer.
According to the subparagraph 197.1.25 of the Tax Code Ukraine (hereinafter - TCU), the following transactions are exempt from VAT:
- supply (prepayment) and delivery of periodical publications of mass media (except publications of erotic nature) of domestic production;
- preparation (literary, scientific and technical editing, adjusting, design and layout), manufacturing (printing on paper or record in electronic form), distribution of books, including electronic content (except publications of erotic nature) of domestic production, student copybooks, schoolbooks and training manuals, dictionaries of Ukrainian-foreign or foreign-Ukrainian language of domestic production in the customs territory of Ukraine.
Goods delivery is any transfer of the right to regulation of goods as owner, including their sale, exchange or donation and also the supply of goods by a court decision (Art. 14.1.191 of TCU).
Service delivery is any transaction that is not a supply of goods or other transaction on right transfer of objects of intellectual property and other intangible assets or providing of other property rights on such intellectual property rights objects and the provision of services consumed in the course of a particular action or implementation of certain activity (subparagraph 14.1.185 of TCU).
The State Fiscal Service in Ukraine in Kyiv city in its letter “On reflection of exchange differences in tax accounting” of 25.09.15, № 14781/10/26-15-15-03-11 noted that exchange differences from recalculation of obligations of founders in the formation of authorized capital should not be reflected in incomes and expenses. The amounts of such exchange differences are entered into the additional capital.
The State Fiscal Service of Ukraine in Kyiv city by its letter “On application of the simplified tax system by individuals – entrepreneurs engaged in real estate rent providing” of 25.09.15, № 2845/Щ/26-15-17-04-12 reported: entrepreneur - unified tax payer, who has his/her own real estate (residential or non-residential), which total amount fits into restrictions established by subparagraph 291.5.3 of TCU, has no right to rent out one its part as regular individual and another part as an entrepreneur.
It should be reminded that according to subparagraph 291.5.3 of TCU, individuals – entrepreneurs cannot work on the simplified system if they rent out the following:
- residential accommodations and/or their parts, which total area exceeds 100 square meters;
- non-residential accommodations (buildings, constructions) and/or their parts, which total area exceeds 300 square meters;
In addition, the entrepreneur can be on simplified system and rent out one residential accommodation and a part of another dwelling, which areas jointly do not exceed 100 square meters, on condition that the rest of the residential accommodation is not rented including free use.
Therefore, entrepreneur - unified tax payer can lease property as an entrepreneur or as regular entrepreneur – not a business entity.
