In this article the explanation concerning formation of the tax credit on the VAT is given at car acquisition, including in case of its sale.
Reorganization 2002
GNAU considered the letter concerning a formiroyovaniye of the tax credit on the VAT at a car priobreteyoniya, including in case of its sale, and reports.
According to subitem 7.4.1 of Art. 7 of the Law of Ukraine About a value added tax (further – the Law) the nalogoyovy credit of the reporting period is defined proceeding from contractual (contract) cost of the goods (services), but not above level of the usual prices, and consists of the sums of the taxes, added (paid) by a nayologoplatelshchik on a rate, established punkyoty 6.1 articles 6 and article 81 of this Law, during such reporting period in connection with: acquisition or manufacturing of the goods (including at their import) and services with a view of their further ispolyyozovaniye in taxable operations within economic activity of the taxpayer, acquisition (construction, a construction) fixed assets (fixed assets, including other non-turnaround material assets and neyozavershenny capital investments into neoboyorotny capital assets), including at their import, with a view of further use in production and/or delivery of the goods (services) for taxable operations within hozyayyostvenny activity of the taxpayer.
According to the second paragraph of subitem 7.4.2 of Art. 7 of the Law the sum of the tax paid by a nalogoplatelyyoshchik at acquisition of the car (except taksomotor) which joins in sostav fixed assets, doesn’t join in the tax credit.
Taking into account specified, in case of an exception of the legyokovy car of structure of fixed assets and its sale as goods, for date of such sale to structure of the tax credit can be otnesena a part of the sum of the value added tax, added (paid) at acquisition of such car which corresponds to an unamortized part of cost, but not above level of the usual price which has developed at the moment of such sale.
The taxation basis of delivery automobile avtomobilya according to point 4.1 of article 4 of the Law is defined proceeding from its contractual cost, but not below level of the usual price.
GNAU letter from 5.11.08 of No. 22622/7116-1517/21
SELL THE CAR?
CAN RESTORE THE TAX CREDIT
In the published letter of GNAU gives quite liberal answer of rather tax credit on the VAT at car sale.
Let’s remind, according to the paragraph to the second subitem 7.4.2 of the Law on the VAT the VAT sum, paid (added) at acquisition of the automobile car carried to fixed assets, in the tax credit doesn’t join.
According to GNAU, in case of sale the car ceases to be the main means, and prevrashhaetsya in the goods. Therefore for sale date the part of the sum of the VAT, paid at its acquisition, can be restored as a part of the tax credit. This part of a tax corresponds to a nesamortiyozirovanny part of cost of the car at the moment of sale.
Let’s show on an example how to calculate a part of a tax which can be carried to the tax credit.
The agricultural enterprise in October, 2008 got the car, which contractual cost of 60 000 UAH., including the VAT – 10 000 UAH. In February, 2009 the car was sold at contractual price (corresponds usual) – 50 000 UAH., including the VAT – 8 333,33 UAH. Amortiyozatsiya was added in the sum of 12 000 UAH.
So, the nesamortizirovanny part of a car at the moment of sale makes: 60 000 UAH. – 12 000 UAH. = 48 000 UAH. Then specific weight of this part of cost is equal in initial cost of the car: 48 000 UAH.: 60 000 UAH. = 0,8. Thus, the sum of the VAT corresponding to a nesamortizirovanny part of cost of the car which can be included in structure of the tax credit, makes: 10 000 UAH. x 0,8 = 8 000 UAH.
In the account such operations should be reflected so:
Subjects of a special mode at sale of the car reflect the tax obligations and the sums of the restored tax credit in the general declaration on the VAT on which calculations with the budget are carried out.
On Balans-Agro newspaper materials.