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TAX CODE of UKRAINE SECTION І. GENERAL PROVISIONS Article 1

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TAX CODE of UKRAINE SECTION І. GENERAL PROVISIONS Article 1 TAX CODE OF UKRAINE SECTION І. GENERAL PROVISIONS Article 1. Application Area of the Tax Code of Ukraine 1.1. The Tax Code of Ukraine governs the relations that arise in the area of charging taxes and duties, for instance, establishes an exhaustive list of taxes and duties charged in Ukraine and the procedure of the administration thereof, the payers of taxes and duties, their rights and responsibilities, the competence of control agencies and the powers and responsibilities of their officials in the course of the exercise of the tax control, as well as the liability for the violations of the tax legislation. 1.2. Rules of taxation of commodities or services that move across the customs border of Ukraine shall be determined by this Code, except for the taxation by means of import tax or export tax, which shall be determined by the Customs Code of Ukraine and other customs laws. 1.3. This Code shall not govern the issues of tax liabilities repayment or collection of the tax debt from the persons, to whom the court procedures apply, which are determined by the Law of Ukraine “On Re-establishing Debtor Solvency or Declaring It Bankrupt”, from the banks, to which the norms of Section V of the Law of Ukraine “On Banks and Banking Activities” apply, and repayment of the unified obligatory national pension insurance fee. Article 2. Amendment of the Tax Code of Ukraine 2.1. Amendment of the provisions of this Code may be effected only by way of the amendment of this Code. Article 3. Tax Legislation of Ukraine 3.1. The tax legislation of Ukraine shall consist of the Constitution of Ukraine; this Code; the Customs Code of Ukraine and other customs laws in the part of regulating legal relations arising in connection with the taxation by import or export duty of commodities moved across the customs border of Ukraine (hereinafter referred to as the “customs laws”); effective international treaties on taxation accepted as binding by the Verkhovna Rada of Ukraine; regulatory acts adopted on the basis and in pursuance of this Code and customs laws; decisions of the Verkhovna Rada (Parliament) of the Autonomous Republic of Crimea, local self-government bodies concerning the issues of local taxes and duties, made in line with the rules specified by this Code. 3.2. If an international treaty accepted as binding by the Verkhovna Rada (Parliament) of Ukraine specifies rules other than those prescribed by this Code, the rules of the international treaty shall apply. Article 4. Major Fundamental Principles of the Tax Legislation of Ukraine 4.1. The tax legislation of Ukraine is based upon the following principles: 4.1.1. general nature of taxation – each person shall be obliged to pay the taxes and duties established by this Code, by customs laws, for whose purposes this person is taxable under the provisions of this Code; 4.1.2. equality of all taxable persons before the law, prevention of any occurrences of tax discrimination – facilitation of equal treatment of all taxable persons independently of social, racial, national, religious affiliation, form of ownership of legal entity, citizenship of individual, place of capital origin; 4.1.3. unavoidable responsibility as stipulated by the law in case of violation of the tax legislation; 4.1.4. presumption of legality of the decisions of a taxable person if any provision or other regulatory act issued in pursuance of the law, or if the provisions of different laws or different regulatory acts allow for the controversial (multiple) understanding of the rights and responsibilities of the taxable persons or control agencies, which results in the possibility to take a decision to the benefit both of the taxable person and the control agency; 4.1.5. fiscal sufficiency –taxes and duties shall be established with regard to the necessity of reaching the balance of budget expenses and obtainments; 4.1.6. social justice - taxes and duties shall be established on the basis of financial solvency of the taxable persons; 4.1.7. economic efficiency of taxation - establishment of taxes and duties, the budget obtainments from the payment whereof considerably exceed the expenses on their administration; 4.1.8. neutral nature of taxation - taxes and duties shall be established in the way that shall not influence the increase or decrease of the competitive ability of a taxable person; 4.1.9. stability – changes to any elements of taxes and duties must be made no later than six months before the beginning of the new budget period, in which the new rules and rates shall be effective. Taxes and duties, their rates, as well as tax breaks may not be changed during a budget year; 4.1.10. equal distribution and ease of payment - the deadlines for the payment of taxes and duties shall be established based on needs to secure the timely obtainment of funds to the budgets for the purpose of budget expenses and the ease of their payment by the taxable persons; 4.1.11. unified approach to the establishment of taxes and duties - all the necessary elements of taxation shall be determined at the legislative level. 4.2. National and local taxes and duties not stipulated for collection by this Code shall not be subject to payment. 4.3. Taxable periods and deadlines for payment of taxes and duties shall be established based on needs to secure the timely obtainment of funds to the budgets with regard to the ease of their payment by the taxable person and decrease of expenses for the administration of taxes and duties. 4.4. Taxes and duties, as well as breaks for taxable persons shall be instituted and repealed in line with this Code by the Verkhovna Rada of Ukraine, the Verkhovna Rada of the Autonomous Republic of Crimea, and village, town and city councils within the scope of their powers, stipulated by the Constitution of Ukraine and the laws of Ukraine. Article 5. Relationship between Tax Legislation and Other Legislative Acts 5.1. Notions, rules and provisions established by this Code and customs laws shall be applied solely to regulate the relations stipulated by Article 1 of this Code. 5.2. If notions, terms, rules and provisions of other acts contradict the notions, terms, rules and provisions of this Code, the notions, terms, rules and provisions of this Code shall be applied to regulate taxation relations. 5.3. Other terms used and not defined in this Code shall be used in the meaning established by other laws. Article 6. Notion of Tax and Duty 6.1. A tax is a compulsory, unconditional payment to the appropriate budget charged from taxable persons in accordance with this Code. 6.2. A duty (payment, contribution) is a compulsory payment to the appropriate budget charged from payers of dues on condition they obtain special benefit, particularly as a result of the performance of actions with the legal effect to their benefit by state authorities, local self-government bodies, other authorised bodies and parties. 6.3. The aggregate of national and local taxes and duties levied as per the procedure established by this Code shall constitute the tax system of Ukraine. Article 7. General Principles of Tax and Duty Assessment 7.1. The following elements must be defined while instituting a tax: 7.1.1. taxable persons; 7.1.2. taxation object; 7.1.3. taxable amount; 7.1.4. tax rate; 7.1.5. tax calculation procedure; 7.1.6. tax period; 7.1.7. time frames and procedure of the tax payment; 7.1.8. time frames and submission procedures for the tax calculation and payment reports. 7.2. Tax breaks and the procedure of their application may be provided for while instituting a tax. 7.3. Any taxation issues shall be regulated by this Code and may not be instituted or changed by other laws of Ukraine, except for the laws that contain solely provisions on amending this Code and/or provisions instituting responsibility for the violation of tax law provisions. 7.4. Elements of tax determined in item 7.1 of this article, grounds for the provision of tax breaks and procedure of their application shall be regulated solely by this Code. Article 8. Types of Taxes and Duties 8.1. National and local taxes and duties shall be established in Ukraine. 8.2. Taxes and duties instituted by this Code and being obligatory for the payment on the whole territory of Ukraine, except for cases covered by this Code, shall be deemed national. 8.3. Taxes and duties instituted in accordance with the list and within the scope of ultimate rates determined by this Code, decisions of village, town and city councils made within the scope of their powers and being obligatory for the payment on the territory of relevant territorial communities shall be deemed local. Article 9. National Taxes and Duties 9.1. The following taxes and duties shall be national: 9.1.1. the corporate profit tax; 9.1.2. the individual income tax; 9.1.3. the value-added tax; 9.1.4. the excise tax; 9.1.5. the vehicle first registration fee; 9.1.6. the environmental tax; 9.1.7. the rental fee for the transportation of oil and oil products with main pipelines and oil product pipelines, the transit of the natural gas and ammonia with pipelines across the territory of Ukraine; 9.1.8. the rent for the use of oil, natural gas and gas condensate produced in Ukraine; 9.1.9. the rent for the use of subsurface resources; 9.1.10. the land fee; 9.1.11.
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