Manufacturers have to arrange promotional campaign for sales promotion. Potential buyer can get acquainted with all the advantages of product offering during such campaign. How to impose taxes onfree distribution of products is in the following.
Income tax
Starting from 01.01.2015, in accordance with para.134.1 of the Tax Code of Ukraine of 02.12.10, № 2755-VI (hereinafter − TCU), the subject to the income tax is income from a source of origin from Ukraine and abroad, which is determined by adjusting (increasing or decreasing) of the financial result before tax (profit or loss), defined in the financial statements of a company in accordance with national regulations (standards) of accounting (hereinafter − Accounting Regulations) or International Financial Reporting Standards (hereinafter − IFRS) for tax differences arising in accordance with the provisions of this section.
It is allowed not conduct the adjustments of financial result, determined in accordance with Accounting Regulations and IFRS, if the income of the company during the reporting period does not exceed UAH 20 million.
If the company applies the differences provided for by sec.III of TCU, there are no special rules on adjusting of financial result today in sec.III of TCU in case of sales promotion (free distribution).
VAT
There will be product delivery when its free distribution. It means that in this case tax liability for value added tax (hereinafter − VAT) under agreed cost should be accrued, but not less than base indicated in para.188.1 of TCU.
There is a logical question: whether the tax liabilities will be in this case according to para.198.5 of TCU?
According to this paragraph, the VAT payer is obliged to accrue VAT liabilities based on the tax base determined in accordance with para.189.1 of TCU, and prepare not later than the last day of the reporting (tax) period and register in the Unified Register of tax invoices (hereinafter − URTI) the consolidated tax invoice for goods/services, non-current assets (for goods/services, non-current assets, acquired or manufactured before 01.07.2015, − in case if at the time of such acquisition or manufacture, the VAT amounts were included in the tax credit), if such goods/services, non-current assets intended for their use or starting to be used, particularly in:
- transactions, which are not the subject to taxation in accordance with Art.196 of TCU (except cases of transactions provided for by sub-para.196.1.7 of TCU) and the place of delivery, which is outside the customs territory of Ukraine;
- transactions that are exempt from taxation in accordance with Art.197 of subsection 2 of sec. XX of TCU, international treaties (agreements) (except transactions provided for by sub-paras.197.1.28 and 197.11 of TCU);
- transactions carried out by the taxpayer within the balance, including for the transfer of non-production use, transfer of production non-current assets as a part of non-productive;
- transactions, which are not economic activities of the taxpayer.
According to the subpara.14.1.36 of TCU, economic activity is an activity of a person related to the production (manufacturing) and/or sale of goods, performance of works, provision of services, aimed to receive an income and which is carried out independently by the person and/or through separate subdivisions, as well as through any other person that acts in the interests of the first, in particular, under commission contracts, contract of delegation and agency agreements.
There will not be the use of products in exempted transactions or transactions that are not subject to VAT, when free distribution of the products. Therefore, it is not necessary to accrue VAT under para. 198.5 of TCU.
PIT
Advertising is information about the person or goods, distributed in any form by any means and intended to form or maintain awareness of consumers of advertising and their interest in respect of such persons or goods. A consumer of advertising is any number of unspecified persons for whom it is aimed (Art.1 of the Law on Advertising).
According to the subpara.14.1.54 of TCU, income from its source of origin from Ukraine − is any income earned by residents or non-residents, including those of any of their activities on the territory of Ukraine (including payment (accrual) of allowance by foreign employers), its continental shelf, in the exclusive (maritime) economic zone.
As indicated in subpara.165.1.39 of TCU, the value of gifts (as well as prizes to winners and prize-winners of sports competitions) is not included in the total monthly (annual) taxable income of the taxpayer. If the value of gifts does not exceed 50% of one minimum wage (per month) established on January 1 of the reporting tax year excluding cash payments in any amount.
Therefore, if during the advertising campaign, distribution of promotional goods is carried out, and consumers of advertising are indefinite number of taxpayers, the cost of such a product is not considered as income of individuals −consumers of such promotional activities and, accordingly, is not subject to the personal income tax.
