The law of Ukraine "About the tax to incomes of physical persons" № 889- VІ

The law of Ukraine "About the tax to incomes of physical persons" comprises 22 articles.

The given law in a basis of division of all set of payers of this tax puts criterion of the residention . 

Thus has no prime value is the physical person the citizen of Ukraine, the citizen of the foreign state or the person without citizenship.

According to point 2.1 of item 2 of the Law "About the tax to incomes of physical persons" tax bearers are:

- residents who receive as incomes with a source of their origin in territory of Ukraine, and foreign incomes;

- not residents who receive incomes with a source of their origin in territory of Ukraine.

The law provides division of objects of the taxation depending on the resident status of the tax bearer.

The general annual taxable income consists of the sum of the general monthly taxable incomes of fiscal year, and also the foreign incomes received throughout such fiscal year.

The list of separate types of income which join and don't join in structure of the general monthly income, it is established according to points 4.2 and 4.3 items 4 of the Law "About the tax to incomes of physical persons".

The Law innovation "About the tax to incomes of physical persons" concerning definition of object of the taxation of residents is the concept of the tax credit.

The tax bearer - the resident who has individual identification number has the right to the tax credit exclusively. The order of application by the tax bearer of the tax credit by results of accounting tax year is defined in Law chapter 5.

Тhe bases for charge of the tax credit with instructions of the concrete sums are displayed by the tax bearer in the annual tax declaration. The structure of the tax credit joins actually suffered expenses confirmed with the tax bearer documentary, namely: the fiscal or commodity check, the cash warrant, the consignment note, other settlement documents or the contract which identify the seller of the goods (works, services) and define the sum of such expenses.

The specified documents aren't sent to tax department, but are subject to storage by the tax bearer within a year, sufficient for carrying out by tax department of tax check concerning charge of such tax credit. By the law it is provided that the right to application of the tax credit has restrictions. If the tax bearer hasn't used the right to charge of the tax credit by results of accounting tax year such right to the following tax isn't transferred year.

The law "About the tax to incomes of physical persons" defines features of the taxation of separate kinds of operations or the income:

Article 10 - the operations connected with mortgage inhabited crediting;

article 11 - operations on sale of objects of real estate;

article 12 - operations on sale or an exchange of object of a personal estate;

article 13 - the income inherited by the tax bearer owing to acceptance by it of means, property, property or not property rights;

article 14 - the income received by the payer of the tax as a gift (or owing to the conclusion of the contract of donation);

article 15 - operations on replacement of the lost property.

The law "About the tax to incomes of physical persons" doesn't provide an establishment of the uniform rate of the tax.

Also it is necessary to notice that one of Law innovations "About the tax to incomes of physical persons" compared with the Decree of the Cabinet of ministers of Ukraine "About surtax of citizens" is introduction of tax social privileges.

The law establishes a duty concerning granting of the tax reporting is the integral element of the maintenance of a tax duty of the tax bearer.

The form of the tax reporting is the annual declaration on a property condition and incomes - the tax declaration. Cases of clearing of tax bearers from a duty of granting of the declaration are directly provided by the law.