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LETTER OF THE MINISTRY OF FINANCE OF UKRAINE

of February 29, 2012 No. 31-08160-10-21/5129

The MFP on accomplishment of the order KMU of 31.01.2012 No. 2688/1/1-12 considered the letter of the Zaporizhia city council of 16.01.2012 No. 1125/0081 concerning application of separate provisions of the Tax code of Ukraine (further - the Code) and reports.

For today for physical persons there are two methods of the taxation of income gained from implementation of business activity, each of which is regulated corresponding legislative and regulatory legal acts and has certain restrictions and benefits, and also different procedure for the taxation of such income, accounting of the income and expenses and procedure for provision of the reporting.

Each physical person - the entrepreneur independently voluntarily can choose that from possible methods of the taxation most of which of all answers features and conditions of implementation of its business activity.

Since January 1, 2012 the simplified taxation system of accounting and the reporting for physical persons - entrepreneurs is regulated by Chapter 1 of the Section XIV of the Code.

According to item 291.4 of Art. 291 of the Code physical persons - entrepreneurs who answer the following criteria belong to the first group of payers of the single tax: do not use work of employees, perform exclusively retail sale of goods from trade places in the markets and/or carry out economic activity on provision of household services to the population, at the same time the amount of the income of which within calendar year does not exceed 150 thousand hryvnias.

Subitem 296.1.1 of item 296.1 of Art. 296 of the Code provides that payers of the single tax of the first and second groups and payers of the single tax of the third group who are not payers of the VAT keep the book of accounting of the income by daily, following the results of the working day, reflection of the gained income.

According to item 44.1 of Art. 44 of the Code for the purposes of the taxation taxpayers shall record the income, expenses and other indicators connected with determination of the taxation objects and/or tax liabilities based on source documents, bookkeeping registers of the financial reporting, other documents connected with calculation and tax payment and charges which conducting is stipulated by the legislation.

Forming of indicators of tax statements, customs declarations based on the data which are not supported by the documents which are determined by paragraph one of this Item is forbidden to taxpayers.

According to item 15 of article 3 of the Law of Ukraine of 06.07.95 No. 265/95 "About application of registrars of settlement transactions in the sphere of trade, public catering and services" subjects of managing which perform settlement transactions in cash and/or in non-cash form in case of sales of goods (provision of services) in the sphere of trade, public catering and services shall provide to the buyer of goods (services) in its requirement the check, delivery note or other written instrument which certifies transfer of property on them from the seller to the buyer for the purpose of fulfillment of requirements of the Law of Ukraine "About consumer protection". Violation of this rule involves the responsibility provided by the specified law, but cannot be the basis for application to the violator of administrative or financial sanctions, stipulated by the legislation on the tax matters.

 

First Deputy Minister A. Myarkovsky

 

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