Specialists of STI at Holosiivskiy district provided clarification

Recently, to the mailbox of the tax service a letter came asking for clarification. Question is the following: "Should the company pay advance payments of income tax in 2013, when in 2012 it was liable to income tax on the same basis (on basis of declaration for 9 months in 2012 and the annual declaration of income received in excess of 10 million UAH), but in 2013 company received a certificate of single tax payer of tax group 6 with interest rate of 7%?"

According to Art. 57 of the Tax Code taxpayers of income tax (excluding newly created, agricultural producers, non-profit institutions (organizations) and taxpayers who have incomes that are relevant to subject of taxation, the last annual reporting tax period does not exceed 10 million) per month pay advance payment of income tax in the manner and within time established for monthly tax period of not less than 1/12 of the accrued tax amount for previous reporting (tax) year without filing.

But due to the fact that since January 1, 2013 the company is a single tax payer of group 6, in accordance with paragraph 1 of Art. 294 tax (reporting) period for single tax payers of third - sixth group is the calendar quarter. Section 294.2 of Art. 294 provides that the tax (reporting) period begins on the first day of the first month of tax (reporting) period and ends on the last calendar day of the last month of tax (reporting) period.

In accordance with Section 294.3 of Art. 294 for entities that have switched to single tax payment of other taxes and charges imposed by this Code, the first tax (reporting) period begins on the first day of the month following the next tax (reporting) quarter in which such persons certificate issued a single tax payer, and ends on the last calendar day of the last month of period.

Thus, referring to the above, company does not pay advance payments of income tax and submit quarterly return as single tax payer and pays 7% of profits for period.