ORDER OF THE MINISTRY OF FINANCE OF UKRAINE

of December 31, 2020 No. 840

About approval of form and Procedure for submission of the Notification on the conclusion of the forward, futures contract or contract for implementation of transactions with primary goods

According to subitems 39.3.3.3 and 39.3.3.5 of subitem 39.3.3 of Item 39.3 of Article 39 of the Section I of the Tax code of Ukraine, subitems 5 and 5-1 of item 4 of the Regulations on the Ministry of Finance of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of August 20, 2014 No. 375, I ORDER:

1. Approve enclosed:

form of the Notification on the conclusion of the forward, futures contract or contract for implementation of transactions with primary goods;

Procedure for submission of the Notification on the conclusion of the forward, futures contract or contract for implementation of transactions with primary goods.

2. Declare invalid the order of the Ministry of Finance of Ukraine of April 4, 2018 No. 405 "About approval of form and Procedure for submission of the Notification on the conclusion of the forward or futures contract", registered in the Ministry of Justice of Ukraine on May 3, 2018 for No. 547/31999.

3. In accordance with the established procedure to provide to department of the international taxation:

submission of this order on state registration in the Ministry of Justice of Ukraine;

promulgation of this order.

4. This order becomes effective from the date of its official publication.

5. To impose control of execution of this order on the Deputy Minister of Finance of Ukraine Vorobey S. I. and Chairman of the State Tax Administration of Ukraine Lyubchenko A. N.

Approved by the Order of the Ministry of Finance of Ukraine of December 31, 2020 No. 840

Notification on the conclusion of the forward, futures contract or contract for implementation of transactions with primary goods

See the Notification on the conclusion of the forward, futures contract or the contract for implementation of transactions with primary goods (0Kb In original language)

Approved by the Order of the Ministry of Finance of Ukraine of December 31, 2020, No. 840

Procedure for submission of the Notification on the conclusion of the forward, futures contract or contract for implementation of transactions with primary goods

1. This Procedure determines procedure for granting taxpayers of the Notification on the conclusion of the forward, futures contract or the contract for implementation of transactions with primary goods (further - the Notification) in the cases provided by subitems 39.3.3.3 and 39.3.3.5 of subitem 39.3.3 of Item 39.3 of Article 39 of the Section I of the Tax code of Ukraine.

2. Action of this Procedure extends to the taxpayers performing controlled transactions based on the forward, futures contract or the contract for implementation of transactions with primary goods.

3. The taxpayer notifies the central executive body realizing tax and customs policy on implementation of controlled transaction based on the forward, futures contract or the contract for implementation of transactions with primary goods by provision of the Notification within 10 working days from the date of the conclusion of the relevant contract.

4. When implementing controlled transactions with primary goods, the direction by the payer of such Notification is confirmation of the fact that coordination of essential terms of the contract (contract), in particular, of characteristics and the price of goods, amount, delivery conditions, payment and responsibility, was performed by the parties of the controlled transaction at the time of the conclusion of such agreement.

5. The electronic form of the Notification in format according to the standard on the basis of the eXtensibleMarkupLanguage (XML) specification will be promulgated on the official web portal of the central executive body which realizes tax policy.

6. The notification goes means of electronic communication electronically with observance of requirements of the laws of Ukraine "About electronic documents and electronic document management" and "About electronic confidential services".

7. In case of the conclusion of several forward, futures contracts or contracts for implementation of transactions with primary goods taxpayers submit the Notification concerning each contract separately.

8. Adoption (registration) of the Notification by the central executive body realizing tax and customs policy is performed according to the Procedure for exchange of electronic documents with monitoring bodies approved by the order of the Ministry of Finance of Ukraine of June 6, 2017 No. 557 (with changes) and registered in the Ministry of Justice of Ukraine on August 3, 2017 for No. 959/30827.

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