The Lviv Appeal Administrative Court upheld the decision of the Lviv District Administrative Court, by which it had declared illegal and canceled the tax reported decision, through which the tax authority had increased the amount of the special tax on transactions of alienation of securities and derivatives to the tune of 200 thousand UAH.
The lawyer proved that his client was not obliged to transfer to the budget the special tax on such transactions, as he had neither received any money from the sale of securities to pay the special tax nor had paid any profit from the sale of the securities to the sellers. Such an income of the other taxpayer from the sale of securities or funds transferred to the tax agent from the taxpayer to pay the tax are the source for taxpaying, and it is from this income, but not from his own, that the tax agent is obliged to deduct and transfer the special tax to the state budget on behalf of the seller of securities.