LAW OF UKRAINE

of April 23, 2015 No. 366-VIII

About modification of article 197 of the Tax Code of Ukraine concerning creating favorable conditions for ensuring accomplishment of public contracts by the defense order and delivery agreements of defense products

The Verkhovna Rada of Ukraine decides:

1. Article 197 of the Tax Code of Ukraine (2011, No. No. 13-17, of the Art. 112) to add sheets of the Verkhovna Rada of Ukraine with Item 197.23 of the following content:

"197.23. Are exempted from the transaction taxation on import to customs area of Ukraine in customs regime of commodity import, determined by part eight of Article 287 of the Customs code of Ukraine, and from the first delivery of these goods in the customs territory of Ukraine for their use in production of defense appointment determined according to the law and if customer of such products is the state customer determined by the Cabinet of Ministers of Ukraine.

In case of inappropriate use of the goods determined by part eight of Article 287 of the Customs code of Ukraine, the taxpayer increases the tax liabilities by results of tax period of which violation is the share, by tax amount which shall be paid at the time of import of such goods or is added on transactions with delivery of such goods, pays the penalty fee added according to this Code and bears the financial, administrative and criminal responsibility established by this Code and the legislation of Ukraine.

Procedure for import, delivery and target use of the goods determined by part eight of Article 287 of the Customs code of Ukraine, imported on customs area of Ukraine in customs regime of import are also delivered on customs area of Ukraine, it is determined by the Cabinet of Ministers of Ukraine.

The release from the taxation established by this Item is not applied to transactions on import to customs area of Ukraine in customs regime of import and on delivery to customs area of Ukraine of the goods having origin from the country recognized by the state invader under the law of Ukraine and/or recognized by the state aggressor in relation to Ukraine according to the legislation or are imported from the territory of such state invader (aggressor) and/or from the occupied territory of Ukraine determined by that by the law of Ukraine".

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