The head office of the DPS in the Odesa region informs that operations on the sale and free supply of gift certificates to other persons, which involve their exchange for goods/services, are subject to VAT in the generally established manner at the basic rate.
According to Clause 185.1 of Article 185 of the Tax Code of Ukraine (as amended, hereinafter – PKU), the object of taxation is, in particular, the supply of goods, the place of supply of which is located in the customs territory of Ukraine, in accordance with Article 186 of the PKU, including operations on free transfer and from the transfer of ownership rights to collateral objects to the borrower (creditor), to goods transferred under the terms of a commodity credit, as well as from the transfer of the object of financial leasing to the possession and use of the lessee/lessee.
In accordance with Clause 188.1 of Article 188 of the Code of Civil Procedure, the basis of taxation of operations for the supply of goods/services is determined based on their contractual value, taking into account state taxes and duties (except for excise tax, which is calculated in accordance with subsections 213.1.9 and 213.1.14 of Clause 213.1 of Article 213 of the Code of Criminal Procedure, fee for mandatory state pension insurance, which covers the cost of cellular mobile communication services, value added tax and excise tax on ethyl alcohol, which is used by manufacturers – business entities for the production of medicinal products, including blood components and drugs produced from them (except medicinal products in the form of balms and elixirs).
At the same time, the tax base for the supply of goods/services cannot be lower than the purchase price of such goods/services, the tax base for the supply of self-made goods/services cannot be lower than normal prices, and the tax base for the supply of non-current assets cannot be lower of the balance sheet (residual) value according to accounting data as of the beginning of the reporting (tax) period during which the following operations are carried out (in the absence of accounting for non-current assets – based on the usual price), with the exception of:
goods (services), the prices of which are subject to state regulation;gas supplied for the needs of the population;electric energy, the price of which was established on the electric energy market.
The contractual (contract) value includes any sums of money, the value of tangible and intangible assets transferred to the taxpayer directly by the buyer or through any third party in connection with compensation for the value of goods/services. The contractual (contractual) value does not include penalty amounts (fines and/or penalties), three percent per annum of the overdue amount and inflationary costs, compensation for damage, including compensation for lost profits based on decisions of international commercial and investment arbitrations or foreign courts, which received by the taxpayer as a result of non-fulfillment or improper fulfillment of contractual obligations.
Source: od.tax.gov.ua
