A taxpayer should meet a number of criteria in equal measure to get the right to receive automatic VAT refund budget (see Parts 1, 2):
6) taxpayers have one of the following criteria:
or the number of employees, who are in the employment relationship with such taxpayers (NEs), is more than 20 people in each of the last 4 taxable periods (quarters).
To form this criterion it is used the tax calculation information of a taxpayer form 1ДФ 'Tax calculation amounts of income which is accrued (paid) in favor of the taxpayers and the amounts deducted from their tax' according to the number of employees who received income in the form of wages (except for individuals who were employed/dismissed in the reporting period (quarter), separately for each of the last four consecutive taxable periods (quarters), which tax reporting deadline has expired;
or the taxpayer has fixed assets (starting with the reports of the II quarter 2011 – fixed capital assets) to maintain the declared activities, the net fixed assets of which are at the balance sheet date, according to the tax accounting, exceeds the tax amount which is declared to refund for 12 consecutive calendar months.
To form this criterion the tax reporting data on corporate income tax for the last reporting tax period are used, which reporting deadline has expired: the aggregate net fixed assets (starting with reports of the II quarter 2011 - fixed capital assets) at the opening of calculation period.
The aggregate net fixed assets (starting with reports of the II quarter 2011 - fixed capital assets) should be more than the total amount of VAT which is declared by the payer to refund for 12 consecutive calendar months;
or the level of determination of tax liability on income tax to budge payments (tax paid ratio to the earned revenue volume) is above the industry average as of the end of the last financial (taxation) year.
To form this criterion the tax reporting data on corporate income tax for the last reporting tax period are used; the calculation is made as of the end of the last financial (taxation) year which tax reporting deadline has expired;
The industry average determination of tax liability on income to the budget payments is quarterly determined and posted on official web portal of the Ministry of Revenue and Duties of Ukraine (minrd.gov.ua) on the first of every month which is follows the tax reporting deadline.
Calculation procedure:
the rate of income tax (RIT) is defined as the assessed amount of income tax ratio to the taxpayer adjusted income (starting with reports of the II quarter 2011 - revenues which are considered in the calculation of the tax object), which is declared to the refund and calculated by the formula
AIT
RIT = ------------- ,
TAI
where AIT is assessed amount of income tax of a payer which is declared to the refund;
where TAI is the taxpayer adjusted income (starting with reports of the II quarter 2011 - revenues which are considered in the calculation of the tax object), which is declared to the refund;
the rate of income tax of industrial (RIT i) is defined as the sum assessed amount of income tax company ratio to the sum adjusted income (starting with reports of the II quarter 2011 - revenues which are considered in the calculation of the tax object) and calculated by the formula
AIT i
RIT i = ------------- ,
TAI i
where AIT i is the amount of the sum assessed amount of income tax on appropriate industry payer;
where TAI i is the taxpayers sum adjusted income (starting with reports of the II quarter 2011 - revenues which are considered in the calculation of the tax object) of appropriate industry.
Industry grouping is made of four signs of kind of activity by the SIC.
The (RIT) rate should be higher than the (RIT i) rate.
To be continued.
