Ministry of Justice of Ukraine
July 14, 2017
of June 16, 2017 No. 585
About approval of the Procedure for use of accounts receivable and/or property of the legal entity as sources of repayment of tax debt of the taxpayer and/or separate division of the legal entity
According to Items 87. 5, 87.6 Articles 87, order to Item 95.22 of Article 95 of Chapter 9 of the Section II of the Tax code of Ukraine and Regulations on the Ministry of Finance of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of August 20, 2014 No. 375,:
1. Approve the Procedure for use of accounts receivable and/or property of the legal entity as sources of repayment of tax debt of the taxpayer and/or separate division of the legal entity who is applied.
2. Declare invalid the order of the Ministry of the income and charges of Ukraine of October 10, 2013 No. 569 "About approval of the Procedure for use of additional sources of repayment of tax debt", registered in the Ministry of Justice of Ukraine on October 31, 2013 at No. 1852/24384.
3. In accordance with the established procedure to provide to department of tax policy of the Ministry of Finance of Ukraine:
provision of this order on state registration in the Ministry of Justice of Ukraine;
promulgation of this order.
5. I reserve control of execution of this order and I assign to the acting as the Chairman of the Public fiscal service of Ukraine M. V Is sold.
Approved by the Order of the Ministry of Finance of Ukraine of June 16, 2017, No. 585
1. This Procedure is developed according to Items 87. 5, 87.6 Articles 87 and Item 95.22 of Article 95 of Chapter 9 of the Section II of the Tax code of Ukraine (further - the Code) is also determined by the collection mechanism from debtors of the taxpayer having tax debt, the amounts of accounts receivable which repayment period came and which right to claim is transferred to monitoring body, on account of repayment of tax debt of such taxpayer and property of the legal entity in case of the absence at the taxpayer which is branch, separate division of the legal entity, property sufficient for repayment of its monetary commitment or tax debt.
2. The terms used in this Procedure are used in the values given in the Code.
3. If implementation of the actions for repayment of tax debt of the taxpayer by money recovery which are in its property did not lead to complete repayment of the amount of tax debt or if the payer has not enough means for repayment of tax debt, the monitoring body determines accounts receivable of the taxpayer which repayment period came source of repayment of tax debt of such taxpayer.
4. The documents provided by this Procedure are constituted in the number of copies which corresponds to the number of persons which them is signed.
5. The amount of accounts receivable which is source of repayment of tax debt is determined based on data accounting and analytics of the taxpayer, the agreements which are drawn up properly.
1. The monitoring body notifies the taxpayer on determination by source of repayment of tax debt of accounts receivable of the taxpayer in form according to appendix 1 to this Procedure.
2. The notification is considered as the offer for the conclusion of the contract on the translation of right to claim of accounts receivable of the taxpayer for monitoring body (further - the agreement).
3. Transfer by the taxpayer of right to claim of the accounts receivable following from the relations of the taxpayer with debtor to body of collection is performed based on the contract signed in writing between the taxpayer and monitoring body.
4. In case of the consent of the taxpayer the monitoring body signs the contract with such taxpayer.
The agreement shall contain, in particular:
name of the agreement and place of its conclusion;
name of the taxpayer and monitoring body;
subject of the agreement;
procedure for obligation fulfillment under the agreement;
rights and obligations of the Parties;
conditions of the conclusion, change and termination of the contract;
location and details of the parties.
In case of refusal the taxpayer having tax debt to sign the agreement on the translation of right to claim of accounts receivable with monitoring body such monitoring body takes a legal action concerning the obligation of the taxpayer to sign the specified agreement.
5. All types of accounts receivable can be transferred to monitoring body as body of collection, namely:
accounts receivable for goods (works, services);
the accounts receivable connected with advance holders;
accounts receivable of workers, shareholders before the company;
accounts receivable according to claims;
other types of accounts receivable.
6. Determination of such accounts receivable is performed by check of accounts receivable by monitoring body which is reflected in accounts of financial accounting of the taxpayer and in analytics.
The tax debt continues to be considered for the taxpayer at whom it arose, before receipt of funds in the budget due to collection of these accounts receivable. The monitoring body notifies the taxpayer on such receipt in five-day time from the date of receipt of the relevant document.
7. The taxpayer transfers to monitoring body all documents testimonial of right to claim.
8. In the agreement surely it is specified that the taxpayer transfers to monitoring body the right to claim against debtor on account of repayment of tax debt.
9. The taxpayer and body of collection notify the debtor on transfer to monitoring body of right to claim. The transfer advice of right to claim of accounts receivable of the taxpayer on monitoring body is constituted in form according to appendix 2 to this Procedure.
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