of June 14, 2013 No. 2123/T/99-99-19-04-02-14
Rather tax credit at entrepreneurs
The ministry of the income and charges of Ukraine reviewed request concerning the right to the tax credit when importing to customs area of Ukraine of the saddle tractor and reports.
By Item 201.12 of Article 201 of the Section V of the Tax code of Ukraine it is determined that in case of commodity importation on customs area of Ukraine the customs declaration which is drawn up according to requirements of the legislation which confirms the tax discharge is considered the document certifying the right to reference of tax amounts to the tax credit.
Besides, by Item 198.3 of Article 198 of the Section V of the Code it is determined that the credit of the accounting period is determined proceeding from the contractual (contractual) cost of goods/services, but it is not higher than the level of regular prices determined according to article 39 of this Code and consists of the amounts of the taxes accrued (paid) by the taxpayer at the rate, stipulated in Item 193.1 articles 193 of this Code during such accounting period in connection with:
•
acquisition or production of goods (including in case of their import) and services for the purpose of their further use in taxable transactions within economic activity of the taxpayer;• acquisition (construction, construction) of fixed assets (fixed assets, including other non-current tangible assets and incomplete capital investments into non-current capital assets), including in case of their import, for the purpose of further use in taxable transactions within economic activity of the taxpayer.
Thus, the right to the tax credit at the physical person - the entrepreneur on transaction on acquisition of the saddle tractor will arise if such tractor will be acquired for use within economic activity in taxable transactions.
At the same time further such use shall be documented.
Deputy minister
A. Ignatov
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