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Business entities, attention! Legal requirements for obtaining license for production of alcohol beverages (for small wine production)

02.10.2020 -

 

 

Deadline for consideration of documents

Common

mistakes in documents

To obtain license for production of alcohol beverages (for small wine production), the business entity applies for a license for production of alcohol beverages (for small wine production) to the State Tax Service (Kyiv, Lvivska Sq., 8)  with documents (notarized or by the institution/state body that issued them) defined by the Law № 481, namely:

1. copies of founding documents;

2. copy of registered conformity declaration of material and technical base of small wine production compiled according to legislative requirements;

3. document confirming payment of an annual license fee in the amount of 780 UAH;

4. agreement with laboratory accredited according to legislation (in case of absence of own accredited laboratory);

5. documents confirming the right to use separate non-residential premises (shops, basements, hangars) intended for business activities belonging to the business entity (including foreign business entity operating through its registered permanent establishment) on the basis of property law defined by Ukrainian legislation and equipment for production and bottling of consumer grape wines, fruit and berry wines, honey drinks;

6. information about Ukrainian classification of the FEA goods       codes for furtherly produced products.

Not later than 30 calendar days from the date of receipt of application with documents

1. There is no information about Ukrainian classification of the FEA goods       codes for wine materials and wines.

2. Declaration is incomplete.

3. Information specified in declaration contradicts information provided in other documents submitted with license’s application.

4. There is no information about registration of Declaration.

5. According to the data of tax accounting and registers, business entities are registered as a single tax payer of Group I - III.

 

Reference.

1. Specified documents must be submitted in one copy of notarized copies or by the institution / state body that issued the original document or by official of the licensing authority.

Rules for certification of documents’ copies are defined by the National Standard of Ukraine “State Unified Documentation System. Unified system of organizational and administrative documentation. Requirements for registration of documents DSTU 4163-2003” approved by the Order of Ukrainian Research and Training Center of Standardization, Certification and Quality from 7.04.2003 №55, Organizational rules for office work and archival storage of documents in state bodies, local self-governments, enterprises, institutions and organizations approved by the Order of the Ministry of Justice from 18.06. 2015 №1000 / 5, instructions on the record keeping in certain public authorities (local self-governments) and other regulations.

Among other things, according to Paragraph 8 Section 10 of these rules, the copy becomes legally valid only if it is certified in the prescribed manner.

Copies of documents drawn up by two or more parties (business entities) must be certified by all parties.

2. Small-scale production of wine products are business entities (including foreign business entities operating through their registered permanent establishments) that carry out full technological cycle without the addition of alcohol production and bottling of wine, fruit and berry wines and / or honey beverages in the amount not exceeding 10.000 deciliters per year, from wine materials exclusively of own production (not purchased), obtained by processing fruits, berries, grapes, honey of own production (Paragraph 49 Article 1 of the Law of Ukraine as of 19.12.1995 № 481 “On the state regulation of production and turnover of ethyl alcohol, cognac and fruit, alcohol beverages, tobacco products and fuel” (hereinafter – the Law № 481);

3. Small-scale production of wine products is the production and bottling of grape wines, fruit and berry wines and / or honey drinks from wine materials exclusively own production (not purchased), obtained by processing fruits, berries, grapes, honey of own production (Part 20 Article 2 of the Law № 481);

4. Use of alcohol in production by small production of wine products by business entities (including foreign business entities operating through their registered permanent establishments) is prohibited (Part 1 Article 12 of the Law № 481).