Theory and practice of intellectual property
№ 3 / 2018

ISSN (Print) 2308-0361
ISSN (Online) 2519-2744

PDF (Ukrainian)

DOI: https://doi.org/10.33731/32018.156020

Published      2018-06-26

Value added taxation of transactions with intangible assets in European legislation

Ihor Kushnyr
Ukraine

Abstract
The article deals with the legislative approaches of the European Union and individual EU member states to value added taxation of transactions with intangible assets. It is determined that intangible assets occupy a special place in the development of the construction industry. The general approaches and factors that affect the process of harmonization of the European tax legislation are analyzed. The character of taxation of transactions with intellectual property objects is investigated. Usually, such transactions are equal to transactions for the supply of services, although national legislation may contain some specifications. Such transactions (with the exception of the royalty payments or the import by the authors or their successors of the works of art that are not objects of taxation) are taxable at the standard rates. The national legislation of the EU member States basically does not provide for such operations the possibility of applying reduced rates. However, even in this part the tax legislation of the EU member States cannot be considered until the end of harmonization. The principles of the European legislation influence on harmonization of the Ukraine national legislation in the part of the value added taxation are determined.

Keywords: construction, European tax law, intangible asset, intellectual property