Concerning the taxation of the income

The tax administration of Ukraine gives an explanation on the tax matters of the income of citizens from sale of the property received by them in nature on the basis of property certificates as a result of a raspaivaniye of property of the former KSP.

Inquiry

JSC Balans-Klub the letter from 25.04.06 of No. 232 directed inquiry of the Public tax administration of Ukraine in which asks to provide explanations on the tax matters of the income of citizens from sale of the property received by them in nature on the basis of property certificates as a result of a raspayevaniye of property of the former KSP.

Subparagraph 4.3.18 of the Law of Ukraine from 22.05.03 of No. 889-IV About a tax on the income of individuals predusmotyoreno that the sum of the income received by the taxpayer as a result of alienation of property shares, directly received by it in a property in the course of privatization according to norms of a ground zayokonodatelstvo, doesn’t join in structure of the taxable income.

1 whether. It is possible to use this point when the taxpayer, having received from KSP in nature according to the imushcheyostvenny certificate personal goods (except that it is not taxed on the basis of item 12.2 of the specified Law), sells this property to other enterprise?

We ask to explain an order of the taxation of the income of sale of the above-stated property.

2. Who is the tax agent if the contract of purchase and sale doesn’t make sure notarially?

Deputy director general I. STORCHOUS

We print GNAU answer, the letter from 23.05.06? No. 5748/6/17-0716

The public tax administration of Ukraine considered your letter from 25.04.06 of No. 232 and within the competence reports.

According to subitem 4.3.18 of item 4.3 of Art. 4 of the Law of Ukraine from 22.05.03. No. 889-IV About a tax on the income of fiziyochesky persons (further – the Law) don’t join in structure of the total mesyachyony or annual taxable income of a naloyogoplatelshchik (the otchuzhdeyoniya of the land lots of agricultural purpose, ground shares (shares), imushcheyostvenny shares aren’t subject an otrazheyoniya in his annual tax declaration) the sum do­xoda, received by the taxpayer as a result of alienation of actions (other corporate rights), poyoluchenny to them in a property in the course of a privatizayotsiya in exchange for the privatization compensatory certificates which have been directly received by it as compensation of the sum of its contribution to establishments of Sbereyogatelnogo of USSR bank or in establishments of gosudaryostvenny insurance of the USSR, or in exchange for the privayotizatsionny certificates received by it according to the law, and also the income sum, poluchenno­go such taxpayer as a result, directly received by it in a property in the course of privatization soglasyono to standards of the ground legislation.

Thus, in the example given by you the income of the taxpayer of sale of property, poluchenyony from KSP in nature it agrees property ser­tifikatu, to other enterprise isn’t subject to a naloyogooblozheniye, and the enterprise isn’t the naloyogovy agent as there is no nalogooblayogayemy income.

Vice-chairman S. doctor.