ORDER OF THE MINISTRY OF FINANCE OF UKRAINE

of November 22, 2011 No. 1484

About approval of the Technique of determination of investment profit by the professional dealer in securities in case of accomplishment of functions of the tax agent

According to subitem 170.2.9 of Item 170.2 of Article 170 of the Section IV of the Tax code of Ukraine PRIKAZYVAYU:

1. Approve the Technique of determination of investment profit as the professional dealer in securities in case of accomplishment of functions of the tax agent which is applied.

2. (Chmeruk M. O.) to provide to department of tax, customs policy and methodology of financial accounting of the Ministry of Finance of Ukraine submission of this order in accordance with the established procedure on state registration in the Ministry of Justice of Ukraine.

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

4. To impose control over the implementation of this order on the First Deputy Minister Myarkovsky A. I.

Approved by the Order of the Ministry of Finance of Ukraine of November 22, 2011 No. 1484

Technique of determination of investment profit by the professional dealer in securities in case of accomplishment of functions of the tax agent

I. General provisions

1.1. This Technique is developed according to subitem 170.2.9 of Item 170.2 of Article 170 of the Section IV of the Tax code of Ukraine.

1.2. Action of this Technique extends to tax agents of the taxpayer on the income of physical persons (further - tax) and military collection (further - collection) which performs transactions with investment assets with use of services of the professional participant of the stock market - the dealer in securities, including bank (further - the dealer in securities).

Account of general financial result of transactions with investment assets is kept by the taxpayer independently taking into account requirements of Item 170.2 of article 170 of the Tax Code of Ukraine separately from other income and expenses. For the purposes of the taxation of investment profit calendar year by results of which the taxpayer shall submit the annual tax declaration in which shall reflect general financial result (investment profit or the investment loss) received within such accounting year is considered the accounting period.

1.3. In this Technique terms are used in such value:

the variation margin - result of revaluation of the exchange derivative which is calculated stock exchange or person performing clearing activities by results of each trading day according to the specification of the derivative and can be positive if from transaction with such tool the income is expected at the moment, or negative - if is expected loss;

the derivative, the futures contract, the option - are used in the value given in subitem 14.1.45 of Item 14.1 of Article 14 of the Section I of the Tax code of Ukraine;

the agreement - the contract for broker servicing, the agreement on management of the securities, other financial instruments and money intended for investment into securities and other financial instruments (the agreement on management), the commission agreement, the agreement of the order, the purchase and sale agreement, the agreement of exchange, and also any other agreement signed by the taxpayer with the dealer in securities according to the law and providing implementation of transactions with securities or derivatives;

identical security or the derivative - the securities or derivatives issued by one issuer on identical conditions of issue, payment of the income, redemption or repayment;

investment asset - packet of securities, the derivatives issued by one issuer;

investment revenue - the investment revenue added (paid) to the taxpayer as a part of the income taking into account exchange difference the tax agent - the dealer in securities according to the Section IV of the Tax code of Ukraine and regulations of this Method of transactions with securities and/or on transactions with derivatives;

transactions with derivatives - actions of the taxpayer and the dealer in securities and at the expense of the taxpayer based on the contract signed with the taxpayer which lead to acquisition of rights by such taxpayer of the rights and/or obligations to acquire or sell in the future underlying asset of the derivative on the conditions determined by it or provide implementation/receipt of payments according to the derivative (agreement/contract) in interests;

transactions with securities - actions of the taxpayer and the dealer in securities for the account and for the benefit of such taxpayer based on the agreement signed with the taxpayer which lead to acquisition or the termination by the taxpayer of the property rights to securities;

packet of securities - separate security, the share and commodity derivative, and also set of identical securities or share and commodity derivatives;

the taxpayer - is used in the values given in subitems 162.1. 1, 162.1.2 Items 162.1 of Article 162 of the Section IV and taking into account Item 16-1 of subsection 10 of the Section XX "Transitional provisions of the Tax code of Ukraine, and is at the same time meant by physical person for which transactions with investment assets are performed by the dealer in securities based on the agreement signed by the dealer in securities with such physical person;

the tax agent - is used in the value of the term "the tax agent concerning income tax" given in subitem 14.1.180 of Item 14.1 of Article 14 of the Section I of the Tax code of Ukraine and at the same time means the dealer in securities (its branch, department, other separate division) who acts on the basis of the agreement signed with the taxpayer;

the current payment of means - complete or partial payment of the income per any operational day of bank within accounting tax year the tax agent according to the requirement of the taxpayer declared in writing by cash disbursement of means to the taxpayer and/or money transfers on the bank account of the taxpayer, including in connection with accomplishment or agreement cancelation, concluded with the taxpayer, including periodic with the payment procedure which is previously caused in the agreement, and/or return of the means which are previously listed (brought) by the taxpayer to the dealer in securities according to terms of the contract;

settlement period - the calendar period for which the investment profit for the purpose of collection of tax taking into account regulations of this Technique is calculated, namely:

a) accounting tax year;

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