Features of taxation of agency activities

Agency activity is subject to VAT taxation and is subject to taxation in accordance with the generally established procedure at the basic rate, that is, 20 percent.
Income tax from agency activities is also basic and amounts to 18 percent.

The object of VAT taxation is the operations of taxpayers on the supply of goods / services, the place of supply of which, in accordance with Article 186 of the Tax Code, is located in the customs territory of Ukraine (subparagraphs "a" and "b" of paragraph 185.1 of Article 185 of the Tax Code of Ukraine).

At the same time, the supply of goods is any transfer of the right to dispose of goods as an owner, including the sale, exchange or donation of such goods, as well as the supply of goods by a court decision (subparagraph 14.1.191 of paragraph 14.1 of Article 14 of the Tax Code of Ukraine).

Also, the supply of services is any operation that is not the supply of goods, or another operation to transfer rights to intellectual property objects and other intangible assets or the provision of other property rights in relation to such objects of intellectual property rights, as well as the provision of services consumed in the process of performing a certain actions or implementation of certain activities (subparagraph 14.1.185 of paragraph 14.1 of Article 14 of the Tax Code of Ukraine).

The date of occurrence of tax obligations for the supply of goods / services is the date falling on the tax period during which any of the events that occurred earlier occurs (Article 187.1 of the Tax Code of Ukraine):

a) the date of crediting funds from the buyer / customer to the bank account of the taxpayer in payment for goods / services to be supplied, and in the case of delivery of goods / services for cash - the date of posting the funds in the taxpayer's cash desk, and in the absence of such - the date of collection of cash in the bank the institution serving the taxpayer;

b) the date of shipment of goods, and in the case of export of goods - the date of registration of the customs declaration certifying the fact of crossing the customs border of Ukraine, drawn up in accordance with the requirements of customs legislation, and for services - the date of registration of the document certifying the fact of delivery of services by the taxpayer. For documents drawn up in electronic form, the date of execution of the document certifying the fact of delivery of services by the taxpayer is the date indicated in the document itself as the date of its preparation in accordance with the Law of Ukraine "On accounting and financial reporting in Ukraine", regardless of the date of imposition electronic signature.

At the same time, there is a separate rule for travel agents on the base. So, the tax base for operations carried out by a travel agent is the remuneration that is accrued (paid) by a travel operator, other service providers in favor of such a travel agent, including at the expense of funds received by the latter from the consumer of a travel product (travel service) (Art. . 207.5 of the Tax Code of Ukraine).

Recall that the agency fee is paid to a commercial agent after payment by a third party under an agreement concluded with his mediation, unless otherwise provided by the contract of the parties (part two of Article 301 of the Commercial Code of Ukraine).

On the date of taxation, the taxpayer must accrue tax liabilities for VAT, draw up and register in the ERNN a corresponding tax invoice.

So, agency activity is subject to VAT and is subject to taxation in accordance with the generally established procedure at the basic rate, that is, 20 percent.

The tax base for such a transaction is determined based on the agent's remuneration received from the principals as part of the agency agreement. Funds that are accepted by the agent as part of the implementation of the agency agreement as the amount of payments for goods / services for the further transfer of such funds of the principal are not included in the VAT tax base, as the tax authority explains in some individual tax consultations.

Income tax

The object of taxation is income with a source of origin from Ukraine and abroad, which is determined by adjusting (increasing or decreasing) the financial result before taxation (profit or loss), determined in the financial statements of an enterprise in accordance with national regulations (standards) of accounting or international financial reporting standards, for differences arising in accordance with the provisions of this Code (subparagraph 134.1.1 of paragraph 134.1 of article 134 of the Tax Code of Ukraine).

In the case of the provision of services, performance of work under contracts of order, commission, transport forwarding or under agency contracts, the income is the amount of the attorney's (agent's) remuneration (clause 292.4 of Article 292 of the Tax Code of Ukraine).

Note that Article 292 of the Tax Code of Ukraine regulates the procedure for determining income and their composition for single tax payers of the first - third groups. "Ediners" of the 4th group rarely use agency contracts in their activities, so just remember that the tax on profit is regulated by such a payer by Article 293 of the Platkovoy Code of Ukraine.

Income tax from agency activities is basic. According to clause 136.1 of Article 136 of the Tax Code of Ukraine, the base (main) income tax rate is 18 percent.