The agricultural enterprise being the payer of the profits tax and applying the special tax treatment according to item 11.21 and item 11.29 of the Law on the VAT, lists the VAT declared in special (reduced) declarations on the VAT on the special bank account of the sum.
Whether it is necessary to include such sums of structure of a gross income in 2008?
Yes, follows.
The value added tax according to Art. 2 of the Law on the State budget for 2008 is a component of revenues of the general fund of Gosudaryostvennogo of the budget of Ukraine.
The agricultural enterprises having the right to application of the special tax treatments, predusmotyorenny items 11.21 and item 11.29 of the Law on the VAT, unlike other payers of the VAT, don’t pay in Gosuyodarstvenny the budget the declared sums of the VAT, and leave them at the order (list on special bank accounts).
Directions of use of such sums accurately opredeleny Order No. 805 and Order No. 271, namely: on support of production of a cattle-breeding proyoduktsiya, production of poultry farming and on acquisition of material resources of production appointment.
Thus, thanks to a special mode of a nayologooblozheniye the state gives financial support to domestic agricultural enterprises, but not by target assignment from the gosudaryostvenny budget and because these enterprises don’t pay the VAT in the government budget.
Considering stated, the sums of the VAT which ostayutsya at the disposal of agricultural enterprises also should be used by them on a designated purpose, in essence are the state grant.
After all, according to A.N. Azriliyan’s Big economic dictionary, the grant – it, in particular, the gosudaryostvenny help to the organizations for a covering of losses or other purposes.
I will remind that legislatively it was defined in Art. 68 of the Law on the State budget for 2007. Unlike last year, in the Law on the State budget for 2008 it is not specified that such sums of the VAT are considered as gosudaryostvenny grants. However the order of their accumulation and use in 2008 in comparison with 2007 didn’t change. Therefore and in the current year the VAT sums, being at the command agricultural enterprises and pereyochislyaemy them on special bank accounts, it is necessary to consider as grants from the government budget.
And the sums of grants as a part of other income in a gross revenue of the payer of the profits tax (subitem 4.1.6 of the Law on profit).
Thus, in 2008, as well as in 2007, agricultural enterprises should include the sums of the VAT transferred on special bank accounts, of structure of the gross income.
List of documents
1. The law on the State budget for 2008 – the Law of Ukraine from 28.12.07 of No. 107-VI About the Government budget of Ukraine for 2008 and about modification of some acts of Ukraine.
2. The law on the State budget for 2007 – the Law of Ukraine from 19.12.06 of No. 489-V About the Government budget of Ukraine for 2007.
3. An order No. 271 – the Order of accumulation and use of the means charged by agricultural tovaroproizvoyoditel – payers of a value added tax on operations on sale of the goods (works, services) own production, including production (except the excisable goods), made on davalchesky conditions from own agricultural raw materials, approved by the resolution KMU from 26.02.99 of No. 271.
4. An order No. 805 – the Order of charge, payments and use of the means directed for payment of grants to selskokhoyozyaystvenny producers for put by them to the processing enterprises milk and meat in live weight, approved by the resolution KMU from 12.05.99 of No. 805.
Marine TARNAVSKAYA, main state tax auditor-inspector of Department of the profits tax and other taxes and fees (obligatory payments) GNA of Ukraine
It is coordinated: Valentin ZAVGORODNEV, the deputy director of Department – the head of department of administration of the profits tax of Department of the profits tax and other taxes and fees (Obligatory payments) GNA of Ukraine.