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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of February 2, 2022 No. 69

About approval of the Procedure for control of use of released means of agricultural producers

According to Item 57 of subsection 4 of the Section XX "Transitional provisions" of the Tax code of Ukraine the Cabinet of Ministers of Ukraine decides:

Approve the Procedure for control of use of released means of agricultural producers which is applied.

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of February 2, 2022 , No. 69

Procedure for control of use of released means of agricultural producers

1. This Procedure determines the mechanism of control of use of released funds in connection with release from taxation for profit of agricultural producers according to Item 57 of subsection 4 of the Section XX "Transitional provisions" of the Tax code of Ukraine (further - released means).

2. Objects of control of use of released means are exclusively agricultural producers who perform the following types of activity according to KVED-2010: class 01.47 (cultivation and cultivation of poultry, except for cultivation of hens, receipt of eggs of hens and activities of incubator stations for cultivation of hens); class 01.49 (regarding cultivation and cultivation of quails and ostriches) and class 10.12 (production of fowl, except for productions of meat of hens, melting of fat of hens, face, cutting and packing of meat of hens), and also perform sales activity of actually made (grown-up) products (except for meat of hens) (further - taxpayers).

3. In this Procedure the term "the released means" means tax amount on profit which is determined by the taxpayer in case of application of privilege and is not paid to the government budget, and remains at the disposal of the taxpayer under the obligation of its use in the directions which are determined by the Tax code of Ukraine and this Procedure.

4. Control of target use of released means is exercised by GNS. Control over the implementation of other measures of monitoring for use of such means is exercised by Minagropolitiki according to the tasks assigned to the Ministry.

Control over the implementation of conditions of provision of privilege, procedure for its application, calculation of privilege, and also use of the released means is performed according to the procedure, provided by the Tax code of Ukraine.

Frequency of implementation of control measures and terms of conducting checks are established according to frequency of control of calculation and payment of the tax liabilities with which emergence of privilege is connected.

5. Taxpayers keep separate account and determine separately income gained from activities KVED-2010 agrees: class 01.47 (cultivation and cultivation of poultry, except for cultivation of hens, receipt of eggs of hens and activities of incubator stations for cultivation of hens); class 01.49 (regarding cultivation and cultivation of quails and ostriches) and class 10.12 (production of fowl, except for productions of meat of hens, melting of fat of hens, face, cutting and packing of meat of hens), and also from sales activity of actually made (grown-up) products (except for meat of hens) and the sales of products made (grown up) within such activities including as a result of its conversion.

The profit on implementation of other types of activity outside the specified separate accounting is determined without application of privilege according to the procedure, determined by the Tax code of Ukraine.

6. The amounts of released means are recognized as the received target financing according to national provisions (standards) of financial accounting or international accounting standards and are reflected in financial accounting of the companies in accordance with the established procedure in the separate account "Target financing and target receipts".

7. Use of such means shall be connected with activities of the taxpayer, the profit on which is exempted from the taxation. Released means are used on creation or retrofitting of material and technical resources, increase in production volume, implementation of the latest technologies, namely:

creation or retrofitting of material and technical resources as which it is necessary to understand complex of actions for increase in technical and economic level of separate productions, shops and sites on the basis of implementation of the advanced equipment and technology, mechanization and automation of production, upgrade and replacement of obsolete and physically worn-out equipment by new more productive with expansion (or without that) floor spaces. Accounting of non-current and intangible assets, held for use in activities of the taxpayer, the profit on which is exempted from the taxation, and calculation of depreciation of such assets are performed separately and according to national provisions (standards) of financial accounting or international accounting standards taking into account the restrictions set by the Tax code of Ukraine. The indicator of creation or retrofitting of material and technical resources considers also the cost of the acquired (paid) non-current and intangible assets during action of privilege, since the moment of emergence of the corresponding bases for its application and during all effective period of such privilege on condition of their introduction further in operation and uses in activities of the taxpayer, the profit on which is exempted from the taxation;

increase in production volume. The indicator of increase in production volume is calculated by comparison of indicators of cost of sales for the base accounting (tax) period preceding the period of emergence of privilege (released means) and the current accounting (tax) period in the prices of the base accounting (tax) period;

implementation of the latest technologies which includes the expenses determined according to national provisions (standards) of financial accounting or international accounting standards on development, implementation and development of production of new products or services, creation or implementation and (or) the enhancement of competitive technologies, and also organizational technical solutions of production, administrative, commercial or other nature improving structure and quality of production of the main products of the taxpayer.

Expenses on creation or retrofitting of material and technical resources, increase in production volume, implementation of the latest technologies which are incurred by the taxpayer during action of privilege are considered, since the moment of emergence of the corresponding bases for its application and during all effective period of such privilege.

The released means which are not used by the taxpayer cannot be postponed for other tax periods, are offset on account of future payments on taxes and fees or are compensated from the budget.

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