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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of September 30, 2022 No. 1095

About approval of the Procedure for use by the member of the industrial (industrial) park of the funds for development of its activities released from the taxation within the industrial (industrial) park

According to Item 142.4 of article 142 of the Tax Code of Ukraine the Cabinet of Ministers of Ukraine decides:

Approve the Procedure for use by the member of the industrial (industrial) park of the funds for development of its activities released from the taxation within the industrial (industrial) park which is applied.

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of September 30, 2022, No. 1095

Procedure for use by the member of the industrial (industrial) park of the funds for development of its activities released from the taxation within the industrial (industrial) park

1. This Procedure determines the mechanism of use of released means in connection with release from the taxation of profit of the member of the industrial (industrial) park (further - the industrial park) included in the Register of industrial (industrial) parks from implementation of economic activity in spheres and for the term which are determined by Item 142.4 of article 142 of the Tax Code of Ukraine, is exclusive in the territory (in limits) the industrial park.

2. In this Procedure the term "released means" means tax amount on profit of the companies which is not paid to the budget and remains at the disposal of the taxpayer - the member of the industrial park and is aimed at the development of its activities in the territory (in limits) the industrial park in the directions which are determined by this Procedure.

Other terms are used in the value given in the Tax code of Ukraine and the Law of Ukraine "About industrial parks".

3. Use of released means shall be connected with activities of the member of the industrial park which are performed in accordance with the terms of the agreement on implementation of economic activity within the industrial park, the profit on which is exempted from the taxation.

Released means are aimed at the development of activities of the member of the industrial park in the following directions:

creation or retrofitting of material and technical resources;

increase in production volume;

implementation of the latest technologies.

Creation or retrofitting of material and technical resources is performed by carrying out 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 expansion) floor spaces.

Creation or retrofitting of material and technical resources is performed also taking into account the cost of the acquired (paid) non-current and intangible assets during action of privilege with condition of introduction of such assets further in operation and uses in activities of the member of the industrial park.

Increase in production volume is calculated by comparison of indicators of quantity of the realized goods, works and services for the previous and current accounting periods, and also their costs.

Implementation of the latest technologies includes, the expenses on development, implementation and development of production of new goods, works and services, creation or implementation and (or) enhancement of technologies, and also the organizational technical solutions of production, administrative, commercial or other nature improving structure and quality of production of goods, works and services of the member of the industrial park determined according to national provisions (standards) of financial accounting or international accounting standards.

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 date of emergence of the corresponding bases for its application and during all effective period of such privilege.

4. Information on use or non-use by the member of the industrial park of the amount of released means in full is specified in the tax declaration on the income tax of the companies for tax (reporting) year.

The member of the industrial park also submits information on amounts of released means and their use on form according to appendix every half-year till July 5 and on January 5 managing company of the industrial park electronically using the qualified digital signature or in paper form for preparation of the report on functioning of the industrial park.

Appendix

to the Procedure

Information on amounts of the companies of means from implementation of economic activity released from the taxation by the income tax in the spheres determined by Item 142.4 of article 142 of the Tax Code of Ukraine, the member of the industrial (industrial) park and their use

See Information on amounts of the companies of means from implementation of economic activity released from the taxation by the income tax in the spheres determined by Item 142.4 of article 142 of the Tax Code of Ukraine, the member of the industrial (industrial) park and their use

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