of September 10, 2013 No. 10807/6/99-99-19-04-03-15
Concerning taxation by the extraordinary tax of transactions on transfer of the bill of exchange from one legal entity - another as payment for the delivered goods
Interactive Accounts Department LLC
The ministry of the income and charges of Ukraine considered the letter of Interactive Accounts Department LLC of 31.07.2013 No. 187 concerning the taxation the extraordinary tax of transactions on transfer of the bill of exchange (by the endorsement) from one legal entity - another as payment for the delivered goods (the provided services, the performed works), and reports the following.
According to subitem 14.1.4 of Item 14.1 of article 14 of the Tax Code of Ukraine (further - the Code) the excise tax - indirect tax on consumption of separate types of the goods (products) determined by this Code as excisable which joins in the price of such goods (products), and also the extraordinary tax on transaction on alienation of securities and transactions with derivatives.
According to subitem 213.1.7 of Item 213.1 of article 213 of the Code subjects to taxation by the extraordinary tax are transactions on sale, exchange or other methods of alienation of securities where there is transition of the property right to securities, and transactions to derivatives, except the transactions made in the interbank market of derivatives.
At the same time, to transactions, are not subject to excise tax liability belong, in particular or considered transactions with participation of the drawer, pledger and other person who issued order or the debt security on issue, accounting and repayment of securities. According to the Law of Ukraine "About securities and the stock market" the endorsement is understood as the endorsement on order security certifying transition of the rights to security and is right on security to other person in accordance with the established procedure.
Thus, issue of the bill of exchange, accounting of the bill of exchange of its repayment is not subject to taxation by the extraordinary tax according to subitem 213.2.4 of the Code (with the changes made by the Law of Ukraine of 04.07.2013 No. 403).
However, transaction of the endorsement (transfer of the bill of exchange) are subject to taxation by the extraordinary tax according to subitem 213.1.7 of Item 213.1 of article 213 of the Code as such transaction provides transition of the property rights to security to other person.
Such transactions are assessed at the percent 1,5 rate from transaction amount on security sale out of stock exchange which are not in the exchange register according to subitem 220.127.116.11 of item 215.1.1 of article 215 of the Code.
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