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LETTER OF STATE TAX ADMINISTRATION OF UKRAINE

of January 28, 1997 No. 16-1120-26/11-596

About the value added tax

The State Tax Administration of Ukraine concerning the tax discharge on value added reports.

According to Art. 5 of the Decree of the Cabinet of Ministers of Ukraine of 26.12.92 N 14-92 "About the value added tax", taking into account the changes made to it and additions, the cost of works on construction of facilities of the social sphere irrespective of source of their financing is exempted from the value added tax.

The list of objects of the social sphere is determined by the Temporary list approved by the joint letter of the Ministry of Finance of Ukraine and the Ministry of Ukraine for construction and architecture of 09.04.93 NN 34-100, 11/38. It includes monuments of architecture, history and culture.

At the same time according to letters of the Ministry of statistics of Ukraine of 10.03.93 N 07/2-05/34 and the Main state tax authorities of Ukraine of 20.04.94 N 14-320/11-1364 "About the value added tax" and of 22.12.94 N 10-330/10-5283 (Guidelines manual) release from taxation on value added of cost of works on construction of facilities of the social sphere is provided not only on new construction, but also on reconstruction, expansion and modernization of these objects, under condition if their financing is performed at the expense of the means which are specially provided on construction.

Therefore if the building belongs to above-mentioned monuments, works on its restoration are not subject to taxation on value added, and tax amounts paid or which are subject to payment to suppliers for the acquired material resources, works, services which are used in case of accomplishment of restoration works belong on their cost, tax on the fixed business assets and intangible assets - becomes covered due to appropriate sources of acquisition.

As for repair work, are not provided by the current legislation on these works of privileges on the value added tax and therefore repair work of office buildings, including and those which are architecture monuments, are assessed with tax in accordance with general practice.

 

Vice-chairman of A. Shitr

 

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