On The Taxation Of Enterprises

Original Language Title: Про оподаткування прибутку підприємств

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Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/334/94-%D0%B2%D1%80

                                                          
With a k o n u r as th n and {Act repealed based on Code 2755 N-VI (2755-17) from the 02.12.2010, BD, 2011, N 13-14, 15-16 N, N 17, art. 112} profit taxation (Supreme Council of Ukraine (BD), 1995, N 4, art. 28) {entered into BP N 335/94-VR from 28.12.94, SC 1995, N 4 , art. 29} {amended in accordance with the laws of N 381/95-VR from 20.10.95, VVR, 1995, N 38, 286 N 143/96-ВР dated 24.04.96, VVR, 1996, N 25, 101 N 303/96-ВР dated 10.07.96, VVR, 1996, 41 N, 192 N 483/96-ВР dated 12.11.96, VVR, 1996, 52 N, 302} {as amended by law N 288/97-ВР dated 22.05.97, VVR , 1997, N 27, 181} {amended in accordance with the laws of N 535/97-ВР dated 19.09.97, VVR, 1997, N 47, article 294 N 607/97-ВР dated 04.11.97, VVR, 1998, N 2, St. 7 N 639/97-ВР dated 18.11.97, VVR, 1998, N 10, St. 35 N 728/97-ВР dated 30.12.97, VVR, 1998, N 18, art. 94 N 25/96-ВР dated 15.01.98, VVR, 1998, N 25, 147 N 98/96-ВР dated 10.02.98, VVR, 1998, N 26, 151 N 269-XIV (269-14) from 20.11.98, VVR, 1999, N 1, N 1 285-XIV (285-14) of 01.12.98, VVR, 1999, N 2-3, art. 21 N 309-XIV (309-14) dated 11.12.98, VVR, 1999, N 4, 33 N 312-XIV (311-14) of 11.12.98 , VVR, 1999, N 4, 35 N 317-XIV (317-14) dated 16.12.98, VVR, 1999, N 2-3, 22 N 320-XIV (320-14) from 17.12.98, VVR, 1999, N 5-6, 39 N 371-XIV (371-14) of 29.12.98, VVR, 1999, N 8, 55 N 393-XIV (393-14) from 14.01.99, VVR, 1999, N 9-10, 66 N 403-XIV (403-14) of 15.01.99, VVR, 1999, N 15, N 83 484-XIV (484-14) of 16.03.99 , VVR, 1999, N 17, 114 N 515-XIV (515-14) of 18.03.99, VVR, 1999, N 18, 140 N 568-XIV (568-14) of 06.04.99, VVR, 1999, N 28, 229 N 722-XIV (722-14) of 03.06.99, VVR, 1999, N 32, 264 N 934-XIV (934-14) from 14.07.99, VVR, 1999, N 38, 338-law acts to 01.01.2002 year N XIV-971 (971-14) of 15.07.99, the VVR , 1999, N 38, 352 N 973-XIV (973-14) of 15.07.99, VVR, 1999, N 39, 356 N 977-XIV (977-14) of 15.07.99, VVR, 1999, N 39, 1133 N 357-XIV (1133-14) from 07.10.99, VVR, 1999, N 48, 418 N 1157-XIV (1157-14) from 19.10.99, VVR, 1999, N 50, 435 N XIV-1160 (1160-14) from 19.10.99, VVR, 1999, N 50, art. 437 N 1278-XIV (42-14) of 03.12.99 , BD, 2000, N 2, St. 16 N 1288-XIV (1288-14) from 14.12.99, VVR, 2000, N 5, art. 34 N 1375-XIV (1375-14) of 13.01.2000, VVR, 2000, N 10, 78, 1458 N-III (1458-14) dated 17.02.2000, VVR, 2000, N 14-15-16, 121 1523 N-III (1523-14) from 02.03.2000, VVR, 2000, N 20, 1559 N 149-III (1559-14) of 16.03.2000, VVR, 2000, N 22, 1606 N 172-III (1606-14) of 23.03.2000 , BD, 2000, N 25, 197 N 1608-III (1608-14) of 23.03.2000, VVR, 2000, N 26, 209 N 1694-III (1694-14) of 20.04.2000, VVR, 2000, N 32, 254 N 1715-III (1715-14) from 11.05.2000, VVR, 2000, N 32, 260 N 1749-III (1749-14) of 01.06.2000, VVR, 2000, N 35, 283 N 1805-III (1805-14) of 08.06.2000, VVR, 2000, N 39, 333 N 1807-III (1807-14) of 08.06.2000 , BD, 2000, N 38, article 318 N 1812-III (1812-14) of 08.06.2000, VVR, 2000, N 38, 319 N 1841-III (1841-14) from 22.06.2000, VVR, 2000, N 46, 393 N 1926-III (1926-14) of 13.07.2000, VVR, 2000 N 43, 363 N 1953-III (1953-14) of 14.09.2000, VVR, 2000, N 45, 375 N 1954-III (1954-14) of 14.09.2000, VVR, 2000 N 43, 370 N 1969-III (1969-14) of 21.09.2000 , BD, 2000, N 45, 377 N 1991-III (1991-14) from the 21.09.2000-coming into effect on January 1, BD, 2000, N 48, 406 N 2120-III (2120-14) of 07.12.2000, VVR, 2001, N 2-3, article 10 2136 N-III (2136-14) of 07.12.2000, VVR, 2001, N 4, 17 N 2181-III (1893-14) of 21.12.2000-coming into effect on 1 April 2001, VVR, 2001, N 10, 44 N 2199-III (2199-14) of 21.12.2000 , VVR, 2001, N 7, 36 N 2211-III (2211-14) from 11.01.2001, VVR, 2001, N 11, 46 N 2323-III (2323-14) from 22.03.2001, VVR, 2001, N 20, 96 N 2355-III (2355-14) dated 05.04.2001, VVR, 2001, N 23, 114 N 2406-III (2406-14) of 17.05.2001, VVR, 2001, N 32, 169 N 2410-III (2410-14) of 17.05.2001, VVR, 2001, N 30, 143 N 2711-III (2711-14) of 20.09.2001 , SC, 2002, N 2, N 11 2712-III (354-14) of 20.09.2001, VVR, 2002, N 2, article 12 shall enter into force on 01.01.2002 year 2744 N-III (2744-14) of 04.10.2001, VVR, 2002, N 5, St. 31 N 2779-III (2615-14) of 15.11.2001, VVR, 2002, N 9, art. 2831 N 68-III (2831-14) of 29.11.2001, VVR, 2002, N 8, art. 2866 N 63-III (2866-14) of 29.11.2001, VVR, 2002, N 10, article 78 shall enter into force on 01.01.2002 year 2905 N-III (2885-14) of 20.12.2001, VVR, 2002, N 12-13, 92 N 2921-III (2921-14) of 10.01.2002, VVR, 2002, N 16, 114 N 2975-III (No.2975-14) of 17.01.2002, VVR, 2002, N 17, 122 N 3045-III (3045-14) of 07.02.2002, VVR, 2002, N 29, 192 N 3073-III (3138-14) of 07.03.2002 , SC, 2002, N 31, 214 N 3118-III (34,115-14) dated 07.03.2002, VVR, 2002, N 33, article 238} {the official interpretation of the law, see the Decision of the Constitutional Court N 11-рп/2002 (v011p710-02) from 13.06.2002} {amended in accordance with the laws of N 40-IV (40-15) from 04.07.2002, VVR, 2002, N 36, 266 N 43-IV (43-15) from 04.07.2002, VVR, 2002, N 35, 259 349 N-IV (10-15) from 24.12.2002 , SC, 2003, N 12, 88 additional see Act 1344 N-IV (1346-15) of 27.11.2003 N 380-IV (38-15) on 26.12.2002, VVR, 2003, N 10-11, 86 N 429-IV (429-15) of 16.01.2003, VVR, 2003, N 10-11, 87 N IV-440 (440-15) of 16.01.2003, VVR, 2003, N 14, 99 N 601-IV (601-15) of 06.03.2003, VVR, 2003, N 24, 162 N 762-IV (762-15) from 15.05.2003, VVR, 2003, N 30 , 247 N IV-777 (777-15) from 15.05.2003, VVR, 2003, N 30, 248 N 849-IV (849-15) of such copies, BD, 2003, N 33-34, article 267 N 856-IV (856-15) of such copies, BD, 2003, 36 N, 280 N 889-IV (889-15) of such copies, BD, 2003, N 37, 308 N IV-911 (911-15) on 05.06.2003, VVR, 2003, N 39, article 334 N 973-IV (973-15) from 19.06.2003 , SC, 2003, N 45, 363 N IV-1096 (1096-15) on 10.07.2003, VVR, 2004, N 6, 38 N 1158-IV (1158-15) of 15.10.2003, VVR, 2004, N 8, 67 N 1300-IV (1300-15) on 28.08.2003, VVR, 2004, N 14, 195 N IV-1344 (1344-15) of 27.11.2003, VVR, 2004, N 17-18, 250 N 1624-IV (1624-15) on 18.03.2004, VVR, 2004, N 26, 360 N 1701-IV (1701-15) on May 11, 2004 , VVR, 2004, N 35, 412 N 1702-IV (1702-15) on May 11, 2004, VVR, 2004, N 32, 393 N 1801-IV (1801-15) from 17.06.2004 VVR, 2004, N 43-44, art. 493 N 1868-IV (1868-15) on 24.06.2004, VVR, 2004, N 46, article 511 N 1957-IV (1957-15) on the 1st, BD, 2004, 52 N, 563 N 2229-IV (2229-15) on 14.12.2004, VVR, 2005, N 4, 103 N 2245-IV (2245-15) of 16.12.2004 , SC, 2005, N 5, 114 N 2285-IV (2285-15) of 23.12.2004, VVR, 2005, N 7-8, 162 N 2377-IV (of 15) from 20.01.2005, VVR, 2005, N 11, 198 N IV-2505 (2505-15) from 25.03.2005, VVR, 2005, N 17, N 18-19, 267 N 2642-IV (2642-15) from 03.06.2005, VVR, 2005, N 27, 363 N 2705-IV (2705-15) on June 23, VVR, 2005, N 33 , 427 N 2711-IV (2711-15) on June 23, VVR, 2005, N 33, 430 N 2771-IV (2771-15) of 07.07.2005, VVR, 2005, N 34, 441 2772 N-IV (2772-15) of 07.07.2005, VVR, 2005, N 34, 442-2960 N IV (2960-15) of 06.10.2005, VVR, 2006, N 2-3, article 35 N 3235-IV (3235-15) of 20.12.2005, VVR, 2006, N 9, N 10-11, 96 N 3317-IV (3317-15) on 12.01.2006 , VVR, 2006, N 18, article 155 3333 N-IV (3333-15) of 12.01.2006, VVR, 2006, N 22, 182 N V-398 (398-16) on 30.11.2006, VVR, 2007, N 3, article 31 N 489-V (0-16) from 19.12.2006, VVR, 2007, N 7-8, 66 N V-760 (760-16) from 16.03.2007, VVR, 2007, N 23, 301-997 N V (997-16) from 27.04.2007, VVR, 2007, N 33, 440 N 107-VI (107-17) from the corporate , VVR, 2008, N 5-6 N 7-8, 78-changes to operate on December 31, 2008} {Additionally, see Constitutional Court N 10-рп/2008 (v010p710-08) from 22.05.2008} {amended in accordance with the laws of N 309-VI (309-17) from 03.06.2008, VVR, 2008, N 27-28, 253 N 521-VI (505-17) from 18.09.2008, VVR, 2009, N 6, N 20 639-VI (639-17) from 31.10.2008, VVR , 2009, N 14, 181-changes effective April 1, 2011, according to the law N 2856-VI (2857-17) from 23 Dec N VI-694 (694-17) from 18.12.2008, VVR, 2009, N 16, 219-law deemed unconstitutional according to the decision of the Constitutional Court of 18 N-RP/2009 (v018p710-09) from 14.07.2009 N 882-VI (882-17) on 15.01.2009, VVR, 2009, N 24, art. 297 N VI-906 (906-17) dated 03.02.2009 , VVR, 2009, N 26, art. 319 922 N-VI (922-17) on 04.02.2009, VVR, 2009, N 26, 323-law deemed unconstitutional according to the decision of the Constitutional Court N 29-RP/2009 (v029p710-09) from 24.11.2009 N VI-1254 (1233-17) from 14.04.2009, VVR, 2009 N 36-37, item 511
1275 N-VI (1275-17) from 16.04.2009, VVR, 2009, N 38, article 534 N 1342-VI (1342-17) from 19.05.2009, VVR, 2009, N 38, 537 N 1391-VI (1391-17) from 21.05.2009, VVR, 2009, N 40, 577 N 1392-VI (1392-17) from 21.05.2009, VVR, 2009, N 40, 578 N 1474-VI (1474-17) from 05.06.2009, VVR, 2009, N 44, 656-changes effective September 1, 2012 N 1533-VI (1533-17) from 23.06.2009 , VVR, 2009, 52 N, 763 N VI-1617 (1617-18) from 24.07.2009, VVR, 2010, N 2-3, art. 11 N VI-1608 (1608-17) from 21 Aug. 2009, VVR, 2010, N 4, article 15 1724 N-VI (1724-17) from 17.11.2009, VVR, 2010, N 7, 50 N VI-1814 (1814-17) from 20.01.2010, VVR, 2010, N 10, 101} {the official interpretation of the law, see the decision of the Constitutional Court of N 5-RP/2010 (v005p710-10) on 16.02.2010} {with changes amended by Law N 1909-VI (1909-17) from 18.02.2010, VVR, 2010, N 20, 201 N 2156-VI (2156-17) on 27.04.2010, VVR, 2010, N 26, 2275 N 271-VI (2275-17) from 20.05.2010, VVR, 2010, N 30, 398-2464 N VI (2464-17) from 08.07.2010, BD, 2011, N 2-3, article 11 2468 N-VI (2468-17) from 08.07.2010, VVR, 2010 N 49, item 567 N 2518-VI (2518-17) from 09.09.2010 , BD, 2011, N 4, 22 N 2850-VI (2850-17) dated 22.12.2010, BD, 2011, N 28, 252} {in the text of the law the word "entrepreneurship", "production", "main activity" (except for the words "main activity" in subparagraphs 5.2.5, 5.3.1, 5.4.10, 12.2.3, in points 5.4, 7.11, and article 14) in all cases has been replaced by the words "economic activity" in the relevant cases according to law N 639/97-ВР dated 18.11.97} {in the text of the Act the words "authorized capital" in all cases and the numbers have been replaced with the words "authorized capital" in the appropriate case and among the N 2850-VI (2850-17) dated 22.12.2010} {Act stopped for agricultural producers-participants of the experiment on introducing a single tax on the territory, Hlobyn district, Poltava region, Local District of Donetsk oblast and Zakarpattia Uzhhorod district on taxation according to law N 25/98-VR of 15.01.98} {Act stopped for agricultural producers paying the fixed agricultural tax on taxation, with the exception of paragraphs 7.7 , 7.8 and 8.1, 8.2, 8.5, 8.5 and 8.6 according to law N 320-XIV (320-14) from 17.12.98} {Stopped on the 2004 action increased the depreciation norms established by law 349 N-IV (10-15) from 24.12.2002 for fixed assets groups 1, 2, 3, in addition to the actions of these norms to depreciation expenses, made by a taxpayer after 1 January 2004, in connection with the acquisition (manufacturing) of new fixed assets Group 1 , 2, 3, used in the production activity of the taxpayer and that previously were not in operation, as well as the costs of the improvements mentioned novopridbanih (made) of fixed assets incurred by a taxpayer after 1 January 2004, according to the law N IV-1344 (1344-15) of 27.11.2003} article 1. Definitions of terms in this Act, the terms used in the following meaning: 1.1. Tangible assets-fixed assets and current assets in any form other than cash, securities, derivatives and intangible assets.
1.2. Intangible assets-intellectual, including industrial property, as well as other similar rights, recognized in the manner prescribed by the applicable law, subject to the ownership rights of the taxpayer.
1.3. money – UAH or foreign currency.
1.4. Security-a document certifying the right of ownership or relationship and meets the requirements set by the laws on securities.
1.5. the Derivative-standard document that certifies the right and/or the obligation to buy or sell securities, tangible or intangible assets, as well as funds for defined him conditions in the future. Standard (default) form of derivatives and the procedure for their registration and circulation are established by law.
The derivatives are: 1.5.1. Forward contract-standard document that certifies the person's obligation to purchase (sell) securities, goods or money at a certain time and in certain conditions in the future, with fixing the prices of such sales at the time of the conclusion of such an option forward contract.
In this case any party option forward contract has the right to refuse his performance solely if the consent of the other party of the contract or, in the cases determined by the civil law.
Claims against non-fulfillment or improper fulfillment option forward contract may pred'âvlâtisâ exclusively to the issuer of such an option forward contract.
Seller option forward contract may not transfer (sell) the obligations under this contract to third parties without the consent of the buyer option forward contract.
The buyer of the option forward contract has the right without the consent of the other party of the contract at any time prior to the expiration of the (liquidation) option forward contract to sell this contract to any other person, including the seller of such option forward contract.
1.5.2. Futures contract-standard document evidencing the obligation to buy (sell) securities, goods or money at a certain time and in certain conditions in the future, fixing prices at the time of fulfillment of obligations by the parties of the contract.
In this case any party futures contract has the right to refuse his performance solely if the consent of the other party of the contract or, in the cases determined by the civil law.
Buyer futures contract has the right to sell such a contract during the term of its action to other persons without the approval of the terms and conditions of this sale with the seller of the contract.
1.5.3. Option-standard document which certifies the right to buy (sell) securities (goods, funds) on certain conditions in the future, fixing prices at the time of the conclusion of such option or at the time of acquisition by the decision of the parties to the contract.
The first seller of the option (the issuer) is unconditional and irrevocable commitment on the sale of securities (goods) on the conditions of concluded contract.
Any buyer of the option has the right to opt out at any time from the purchase of such securities (the goods).
Claims about improper performance or non-performance of obligations may contract pred'âvlâtisâ exclusively to the issuer of the option.
The option can be sold without restriction to other persons during the period of its validity.
1.5.4. In accordance with the kind of values of derivatives are divided into: a) a stock derivative-standard document which certifies the right to sell and/or buy a security at the agreed terms in the future. Rules of the issuance and circulation of stock derivatives are set by the Government, which imposed the functions of regulating the securities market;
b) foreign exchange derivative-standard document which certifies the right to sell and/or buy a currency value in the stipulated conditions in the future. Rules of the issuance and circulation of currency derivatives are set by the National Bank of Ukraine;
in the standard derivative)-trademark document which certifies the right to sell and/or buy market goods (excluding securities) on the otherwise standard conditions in the future. Rules of the issuance and circulation of commodity derivatives are the authority on which rely function regulation of commodity exchange-traded market.
1.6. the goods-tangible and intangible assets, as well as securities and derivatives, which are used in any operations except operations with their issue (the issue) and repayment.
1.7. Goodwill-intangible asset, the value of which is determined as the difference between the carrying value of the assets of the company and its normal value, as the integral property complex, arising as a result of the use of the best managerial qualities, dominant positions in the market of goods (works, services), new technologies, etc. The value of gudvìlu is not subject to amortisation and are not counted in determining the deductible expenses the taxpayer.
1.8. Corporate rights-ownership of the share capital of legal entity or its share (PAI), including the right to control the receipt of the corresponding share of profits of such legal entity, as well as in case of its liquidation in accordance with current legislation, regardless of whether they are created by such a legal entity in the form of economic association, Enterprise, based on the property of one of the legal or physical person, or other organizational forms.
{Point 1.8 of article 1 in the wording of Law 1523 N-III (1523-14) from 02.03.2000; amended by law N 2850-VI (2850-17) dated 22.12.2010} 1.9. Dividend-payment, which is conducted by a legal entity-issuer of corporate rights or investment certificates in favor of the owner of such corporate rights (investment certificates) in connection with the distribution of a portion of the profits of such issuer, calculated according to the rules of accounting.
The dividend is treated as well as the payment that is made by the State nekorporatizovanim, kazennim or utility
Enterprise benefit in accordance with State or local government authority in connection with the distribution of a portion of the profits of such enterprises, payment, which is paid to the owner of the certificate is the Foundation of real estate operations as a result of the distribution of income fund of real estate operations. Thus the presence or absence of profit, calculated according to the tax records, may not affect the acceptance or rejection of decision regarding the accrual of dividends. {The second paragraph of point 1 of article 1, as amended by law N 1957-IV (1957-15) of the 1st}
{Point 1.9 of article 1, as amended by law N 2831-III (2831-14) of 29.11.2001, as amended by law N 349-IV (10-15) from 24.12.2002} 1.10. Interest income which is payable (calculated) by the borrower in favor of the lender in the form of fees for the use of borrowed for a certain period of funds or property. The payment included: {first paragraph of paragraph 1.10 article 1 amended by law N 639/97-ВР dated 18.11.97} a payment for the use of funds or of goods (works, services), obtained on credit;
payment for the use of the funds involved in the deposit;
payment for the purchase of goods by installments.
{Paragraph five paragraph 1.10 article 1 on the basis of Law N 977-XIV (977-14) of 15.07.99} the interest accrued in the form of interest on the principal of the debt or fixed amounts. In the case when raising funds by selling bonds, Treasury obligation or savings (deposit) certificates issued by a borrower, the amount of payment determined by interest on the face value of such security, paying a fixed prize or winnings, or by determining the difference between the price of the accommodation and the price of redemption of such valuable paper (amount of discount).
Payments for other civil-legal agreements, regardless of whether they are installed in an absolute (fixed) prices or in percentage to the amount of the contract or to another cost base is not a percent.
1.11. Credit-money and material values provided by residents or non-residents in the use of legal or natural persons for a specific term and percentage. Credit is allocated on the financial loan, trade loan, the investment tax credit and loan securities that certify the loan relationship: {Item 1.11 article 1 amended in accordance with the laws of N 285-XIV (285-14) of 01.12.98} 1.11.1. Financial credit funds provided by the Bank to the resident or non-resident, qualified as a banking institution in accordance with the laws of the host country non-resident or resident and non-residents who have the status of non-bank financial institutions, in accordance with the applicable law, as well as foreign Governments or official agencies or international financial institutions and other creditors lent by non-residents-legal or physical person for a certain period, for the proper use and interest.
Rules of providing financial loans are set by the National Bank of Ukraine (concerning bank loans) as well as the Cabinet of Ministers of Ukraine (concerning non-bank financial institutions) according to the legislation.
{1.11.1 Sub paragraph 1.11 article 1 amended by law N 349-IV (10-15) from 24.12.2002} 1.11.2. Trade credit-goods are transferred to a resident or non-resident ownership of legal or natural persons under the terms of the agreement, which provides for the postponement of the final calculation for a specific term and percentage.
Trade credit involves the transfer of ownership of the goods (the results of work, services) to the buyer (customer) at the moment of signing of the contract or at the time of physical goods (works, services) by the buyer (customer), regardless of the time of repayment of the debt.
1.11.3. Loan securities that certify the relationship loan: funds that attracted legal person debtor (the debtor) of other legal or physical entities as compensation to the value of issued (issued) under which the bonds or certificates of deposit. The rules of the issue (issue), the sale and repayment (redemption) of these securities, as well as requirements for their issuers are established by applicable law.
1.11.4. investment tax credit-this is the deferment fee income tax provided by the business entity for a certain period in order to increase its financial resources to implement programmes, with the subsequent indemnification of deferred amounts in the form of additional tax revenues through the overall profit growth, that will be received as a result of the implementation of programmes.
{Item 1.11 article 1 amended subsection 1.11.4 according to law N 285-XIV (285-14) of 01.12.98} 1.12. Trade in installments-economic transaction, which involves the sale of a resident or non-resident legal entities or physical goods under hire purchase final calculation for a specific term and percentage.
Trade in goods involves transfer of instalments available to the buyer at the time of the first payment (deposit) with the transfer of ownership of such goods after final settlement.
Trade regulations in instalments to individuals who are not pay this tax, are established by the Cabinet of Ministers of Ukraine. {Paragraph three of clause 1.12 of article 1, as amended by law N 639/97-ВР dated 18.11.97} 1.13. Deposit (deposit) the funds provided by physical or legal entities resident in the management of specified financial organization in accordance with the legislation of Ukraine, or the non-resident at the time and percentage. Attracting deposits can be made in the form of issue (issue) of savings (deposit) certificates. Rules for the implementation of deposit operations are established: for bank deposits-National Bank of Ukraine in accordance with the legislation; for deposits (contributions) to other financial institutions-State Agency specified by law.
The deposits are not part of the amount of the deposit made as security contractual obligations of one party of the contract before the other.
{Item 1.13 article 1 amended by law N 639/97-ВР dated 18.11.97} 1.14. Lombardna operation-the operation of natural or legal persons from receiving funds from the legal entity qualified as a financial institution in accordance with the legislation of Ukraine, under pledge of goods or currency values. Lombardnì operation is a kind of loan collateral.
1.15. Resident legal persons and subjects of economic activity in Ukraine, which do not have the status of a legal entity (branches, representative offices, etc.) that are created and operate in accordance with the legislation of Ukraine with the location on its territory.
Diplomatic, consular and other official representations abroad, who have diplomatic privileges and immunity, as well as branches and representations of enterprises and organizations abroad that are not engaged in economic activity.
1.16. Nonresident-legal entities and subjects of economic activity that does not have the status of a legal entity (branches, representative offices, etc.) with the location outside of Ukraine, who created and operate according to the laws of another State.
Located on the territory of Ukraine, diplomatic, consular and other official representations of foreign States, international organizations and their representation, that have diplomatic privileges and immunity, as well as offices of other foreign organizations and firms that do not carry out economic activity according to the legislation of Ukraine.
1.17. The Permanent Representative Office of the non-resident of Ukraine (hereinafter-the permanent representation) is a permanent activity, through which fully or partially carried out business activities of non-resident on the territory of Ukraine. To permanent missions, in particular, include: the place of management, a branch, an Office, a factory, factory, workshop, mine, an oil or gas well, a quarry or other place of exploration or mining. For the purpose of taxation to the permanent missions of equivalent residents who have the authority to act on behalf of the non-resident, that entails the emergence of the non-resident civil rights and responsibilities (to conclude agreements (contracts) on behalf of the non-resident; keep (keep) of stocks of goods owned by non-resident, the composition of which is to supply the goods on behalf of the non-resident, in addition to residents that have the status part of customs). Residents, for the purpose of taxation equivalent to permanent missions, are not subject to additional registration in tax authorities as tax payers.
{Item 1.17 article 1, as amended by law N 639/97-ВР dated 18.11.97} 1.18. Leasing (lease) operation is an economic transaction (except operations with chartering (Charter) sea-going ships and other vehicles) of the physical or legal person (the lessor), which provides for the provision of fixed assets or land in use by other individuals or legal entities (tenants) in rent and for a certain time. The operation of the lease (rent) integral property complexes of the State enterprises are governed by the relevant
legislation. {The first paragraph of paragraph 1.18 of article 1, as amended in accordance with the laws of N 977-XIV (977-14) of 15.07.99, 349 N-IV (10-15) from 24.12.2002} Leasing (lease) operations are carried out in the form of operative leasing (lease), financial leasing (lease), reverse leasing (lease), land lease, and the lease of residential premises.
1.18.1. Operational leasing (rental)-economic operation of the physical or legal person, in accordance with the Treaty operative leasing (lease) transfer to the lessee of the property that falls under the definition of the principal of the Fund in accordance with article 8 of this law, acquired or produced by the lessor on conditions other than the assumed financial leasing (lease).
{Item 1.18.1 item 1.18 article 1, as amended by law N 349-IV (10-15) from 24.12.2002} 1.18.2. Financial leasing (rental)-economic operation of the physical or legal person, which provides in accordance with the contract of financial leasing (lease) transfer to the lessee of the property that falls under the definition of the principal of the Fund in accordance with article 8 of this law, acquired or produced by the lessor, as well as all the risks and rewards associated with the right of use and possession of the object of leasing.
Leasing (rental) is considered a financial if leasing (lease) contract contains one of the following conditions: the object of leasing is transferred to the period during which depreciated not less than 75 percent of its original cost for depreciation norms defined by article 8 of this law, the tenant is obliged to purchase the object of leasing the property during the term of the leasing contract or at the time of his graduation at the price specified in the leasing agreement;
the amount of the leasing (lease) payments from the beginning of the term of the lease is equal to or exceeds the original cost of the object of leasing;
If the lease is transferred to the object that was in the stock of fixed assets leasee over the term of the first 50 percent depreciation of its initial cost, the total amount of lease payments must equal or be greater 90 percent from the usual price for such an object of leasing, active at the beginning of the term of the leasing contract, increased by the amount of interest calculated on the basis of the discount rate of the National Bank of Ukraine, the date of the beginning steps of the leasing contract for its entire term;
property, which is financial leasing, is made at the request of the lessee (tenant) and after expiration of the leasing contract can not be used by others besides the lessee (tenant), based on its technological and qualitative characteristics.
For the purposes of this subparagraph the term "lease period" means the period from the date of the transfer of property to the lessee (tenant) before the date of the acquisition of title to such property or the last leasing payment by lessee, depending on what event occured before.
Regardless of whether one applies the leasing operation to financial leasing according to the provisions of this subparagraph or not parties to the contract may specify in the contract the following operation as operating leasing without further changes the status of the transaction to the expiration of the respective agreement. {The Paragraph the eighth subparagraph 1.18.2 item 1.18 article 1, as amended by law N 1957-IV (1957-15) of the 1st}
{Sub 1.18.2 item 1.18 article 1 amended by law N 639/97-ВР dated 18.11.97, as amended by law N 349-IV (10-15) from 24.12.2002} 1.18.3. Leaseback (rent) is an economic operation of the physical or legal person that provides for the sale of fixed assets the financial organization and two receiving such assets as an individual or a legal entity at the operational or financial leasing.
1.18.4. Leasing land is an economic transaction which provides for the provision of the landlord in the use of other legal or physical person for a certain period, the end-use and the rent. The procedure for the implementation of the land lease is established by applicable law.
1.18.5. rent of residential premises is an economic transaction which provides for the provision of residential house or apartment of its owner to another person or legal entity for a certain period, for the proper use and rent. {The paragraph, first subparagraph article 1.18, paragraph 1.18.5 1 amended by N 997-V (997-16) from 27.04.2007} the maximum rent that is paid by individuals for the lease of residential premises for use as a place of residence, subject to adjustment in the order specified by the Cabinet of Ministers of Ukraine.
The value of the rents paid by individuals for the lease of residential premises for its use for other purposes than as a place of residence, as well as the value of the rent, payable by legal entities, are not subject to regulation.
Order of operations with leases of residential premises is established by the Cabinet of Ministers of Ukraine in accordance with the provisions of the housing code of Ukraine.
Lease (rent) of other structures and buildings is carried out under the terms of the lease agreements, specified (rent).
1.19. Barter (commodity exchange) is an economic transaction which provides for payments for goods (works, services) in any manner, other than money, including any types of credit and repayment of the mutual debts, which resulted in not crediting funds to the seller's account to offset the cost of these goods (works, services).
1.20. The standard price 1.20.1. If this option is not set to another, normal is considered the price of goods (works, services), determined by the parties to the Treaty. Unless proved otherwise, it is considered that such a standard price level fair market prices.
A fair market price is the price at which the goods (works, services) are passed to a different owner, provided that the seller wishes to transfer such goods (works, services), and the buyer wants to get them in the absence of any force, both sides are mutually independent, legally and actually have sufficient information on these goods (works, services), as well as the prices that prevailed in the market are identical (as in their absence-homogeneous) goods (works , services).
The market of goods (works, services)-the scope of circulation of goods (works, services), which is determined based on the ability of the buyer (seller) real and without significant additional cost to purchase (sell) goods (work, service) to the nearest relation of any of the parties to the contract.
Identical goods (works, services)-goods (works, services), which have the same characteristic for these basic signs. In determining the identity of the goods are taken into account, in particular, their physical characteristics, which do not affect their quality characteristics and have no significant value to determine the sign of product quality and reputation in the market, the country of origin and manufacturer. Minor differences in their appearance may not be taken into account.
Homogeneous goods (works, services)-goods (works, services), which are not identical, have similar characteristics and consist of similar components, allowing them to perform the same functions and (or) be interchangeable. During the determination of the homogeneity of goods (works, services) are taken into account, in particular, their quality, trademark, reputation on the market, the country of origin and manufacturer.
1.20.2. for the definition of the regular price of the goods (works, services) uses information about inmates at the time of the sale of such goods (works, services) contracts with the same (similar) goods (works, services) in terms of comparable conditions. In particular, the following conditions are taken into account, as the quantity (volume) of goods (for example, the amount of the party), the timing of the obligations, terms of payment, the usual for such transactions, and also other objective conditions that can affect the price. While the terms of the agreements on the market are identical (in case of their absence-homogeneous) goods (works, services) shall be consistent, if the distinction between such conditions significantly affects the price, or can be economically justified. This included the usual when signing agreements between unrelated persons allowances or discounts to the price. In particular, but not exclusively, taken into account the discounts associated with seasonal and other fluctuations in consumer demand for goods (works, services), the loss of the goods quality or other properties;
string (forthcoming dates) shelf (date of implementation); sales of liquid or niz′kolìkvìdnih goods; marketing policy, including the promotion of goods (works, services) markets; providing research models and samples of goods with the purpose of acquaintance with them.
If the goods (works, services) are identical (by their absence-similar) goods (works, services), in respect of which is determined by the standard price, publicly offered for sale, or have a price set on the organized securities market or stock price (the stock-market quotes), the determination of usual price in the prescribed in the paragraph first of this sub procedure is carried out taking into account the following factors.
1.20.3. for goods (works, services), which are sold in a public announcement of the terms of the sale, normal recognized price contained in this public announcement.
1.20.4. If the goods (works, services) are sold with the use of the contest, auction, exchange proposals or suggestions on the regulated securities market, or sale (assignment) of goods made in forced manner in accordance with the law, the regular price is received with such sales.
1.20.5. in case when the prices of goods (works, services) are subject to State regulation in accordance with the law, the regular price is considered to be established in accordance with the principles of this regulation. This rule does not apply to setting minimum sale price-in this case the usual is a fair market price.
1.20.5-1. If regular price cannot be determined using the rules of the previous Sub this paragraph, then the evidence of justification for its rules, certain national provisions (standards) of accounting, as well as national standards on assessment of property and property rights. For the purpose of taxation, the terms "fair value" and "market value" and "net worth", which are used in national provisions (standards) of accounting and national standards on assessment of property and property rights, equivalent to the term "regular price", as defined in this law.