- The main tax office in the Odessa region informs that according to the Tax Code of Ukraine, the operations of taxpayers with the supply of goods are subject to taxation.
- Supply of goods includes any transfer of the right to dispose of goods, including sale, exchange, or donation, as well as supply of goods by court decision.
- Operations involving the contribution of fixed assets to the statutory fund and the return of fixed assets previously contributed to the statutory fund by other legal or natural persons are subject to value-added tax.
- Tax credit includes the tax amounts paid/accrued in the case of operations related to the acquisition of non-current assets.
- The tax credit for a reporting period is determined based on the contractual value of goods/services and consists of the tax amounts charged/paid by the taxpayer at the rate established by the Tax Code in connection with the acquisition of fixed assets.
- The absence of registration of tax invoices in the Unified Register of Tax Invoices by the seller of goods/services does not give the buyer the right to include the VAT amounts in the tax credit.
- Therefore, the tax credit arises for both the taxpayer of value-added tax when receiving fixed assets as a contribution to the statutory fund, and for the founder if the fixed assets are returned to them in case of withdrawal from the founders.
Source: od.tax.gov.ua
Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.