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LETTER OF THE STATE TAX SERVICE OF UKRAINE

of September 27, 2012

Since January 1, 2012 the simplified taxation system, accounting and the reporting is applied to subjects of managing according to the procedure, No. 2755VI established by the Tax code of Ukraine of December 2, 2010 with changes and amendments (further - NKU), taking into account the features provided by the Law of Ukraine of November 4, 2011 No. 4014-VI "About introduction of amendments to the Tax Code of Ukraine and some other legal acts of Ukraine concerning simplified taxation system, accounting and the reporting".

According to subitem 1 of item 292.1 of Art. 292 of NKU the income of the payer of the single tax for the physical person - the entrepreneur is income gained during the tax (reporting) period in cash (cash and/or non-cash); to the material or non-material form determined by item 292.3 of this Article. At the same time the income does not join the passive incomes gained by such physical person in the form of percent, dividends, royalty, insurance payments and compensations, and also income gained from sale of personal and real estate which belongs on the property right to physical person and is used in its economic activity.

According to Item 292.6 of article 292 NKU the date of receipt of the income is receipt date of means to the payer of the single tax in cash (cash or non-cash) form, signature date the payer of the single tax of the delivery-acceptance certificate of free of charge received goods (works, services).

Paragraph 8 of subitem 14.1.257 of Item 14.1 of article 14 NKU returnable financial aid - the amount of means which arrived to the taxpayer in use under the agreement which is not providing charge of percent or provision of other types of compensations in the form of payment for use of such means also is obligatory to return.

At the same time the list of means which are not included the income of payers of the single tax is provided in Item 292.11 of article 292 NKU.

In particular, by the subitem 3 of Item 292.11 of article 292 NKU it is determined that the structure of the income determined by this Article does not join the amounts of the financial aid provided on the returnable basis received and returned during 12 calendar months from the date of its receipt, and the amount of the credits.

According to subitem 296.1.1 of Item 296.1 of Article 296 of Chapter 1 of the Section XIV NKU physical persons - the entrepreneurs who chose simplified taxation system and being payers of the single tax of the first and second groups and also the payers of the single tax of the third group who are not taxpayers on value added keep the book of accounting of the income (further - the Book) in which daily, following the results of the working day, reflect the gained income.

Entries in the Book of accounting of the income are carried out following the results of the working day during which income, in particular the means which arrived on the current account of the taxpayer and/or received by cash, outstanding amount on which the term of limitation period, actually free of charge received goods expired is gained (works, services).

Thus, the amount of financial aid which is not returned during 12 calendar months from the date of obtaining is set off in the income following the results of the day following behind the last day of the period 12 months.

No. 1637 is approved by the order of the Ministry of Finance of Ukraine of 15.12.2011 the Procedure for ledger maintenance of accounting of the income of payers of the single tax of the first and second groups, and also the payers of the single tax of the third group who are not taxpayers on value added which does not provide the separate column for reflection of the amount of the financial aid provided on returnable basis therefore we offer such means to enter in column 5 of the Book.

Besides, by subitem 291.5.1 of Item 291.5 of article 291 NKU it is determined that there cannot be payers of the single tax subjects of managing performing, in particular, activities in the sphere of financial intermediation except activities in the sphere of insurance which is performed by the insurance agents determined by the Law of Ukraine "About insurance", the surveyor, average commissioners determined by the Section III NKU.

Concerning possibility of provision of loan other persons should note that the legal basis for receipt of returnable financial aid is the loan agreement. The relations according to the loan agreement are governed by Articles 1046 - 1053 Civil codes of Ukraine.

 

Vice-chairman A. Ignatov

 

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