LETTER OF THE STATE TAX SERVICE OF UKRAINE

of December 28, 2012 No. 8026/0/61-12/15-3115

Rather cash method and tax credit

According to subitem 187.10 of article 187 of the Tax Code of Ukraine taxpayers who deliver heat energy, gas natural (except liquefied) including provide services in its transportation and delivery, provide services in water supply, drainage system or services which cost is included rent or payment for content of housing, to the physical persons, budgetary institutions which are not registered as taxpayers, and also to housing management offices, room and operational parts, associations of co-owners of apartment houses, other taxpayers who perform fund raising from the specified buyers for the purpose of their further transfer to sellers of such goods (predostavitel of services) on account of compensation of their cost determine date of emergence of the tax liabilities and the tax credit by cash method.

According to Item 198.6 of article 198 of the Code taxpayers who apply cash method have the right to inclusion in the tax credit of tax amounts based on the tax delivery notes received within 60 calendar days from the date of write-off of funds from the bank account of the taxpayer.

At the same time prescriptive limits and their application are stipulated in Article 102 Codes.

By the generalizing tax consultation approved by the order GNS of Ukraine of 16.02.2012 No. 127, it was explained that the taxpayer who applies cash method has the right to create the tax credit of the accounting period based on the tax delivery notes received within 60 calendar days from the date of write-off of funds from the bank account of the taxpayer irrespective of the date of receipt from the supplier of goods/services, but taking into account prescriptive limits.

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