Buying by issuers of corporate rights and other investment assets of own issuance from individuals: features of performing the functions of a tax agent

Анотація

The paper examines the features of the performance of the functions of a tax agent by issuers of corporate rights and/or other investment assets of their own issue when redeeming such corporate rights from individuals. The State Fiscal Service of Ukraine indicated that the tax agent of a taxpayer who carries out transactions with investment assets using the services of a professional securities trader, including a bank, is such a professional trader (in the modern sense of the Law of Ukraine "On Capital Markets and Organized Commodity Markets" – an investment firm). Therefore, when an issuer redeems securities (corporate rights) issued by it, the services of securities traders (investment firms) are not used, and therefore there is no person who must fulfill the duties of a tax agent in full. Based on the above explanations and analysis of the judicial practice of the administrative and commercial courts, it has been established that when redeeming its own corporate rights and/or other investment assets, the obligations of the issuer of such corporate rights as a tax agent are limited to submitting information to the tax authorities on the accrued and/or paid amounts. Such a buyer is not obliged to withhold the relevant taxes and transfer them to the budget. However, this does not mean that the recipient of such income is generally exempt from taxation. Such a recipient is obliged to file an income declaration and independently pay the taxes established by law, taking into account possible benefits. In this case, in the event of a delay in payment, the obligation to pay inflationary and annual interest is accessory, additional to the main one, depends on the main one and shares its share. Accordingly, the requirement to pay inflationary and annual interest is additional to the main requirement and is taxed in a similar manner.

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