The President of Ukraine signed the Law of Ukraine “On Amendments to the Customs Code of Ukraine and some other laws of Ukraine regarding the introduction of a single window mechanism and optimization of control procedures when transfer goods across the customs border of Ukraine”.
“Single Window” is one of the important anti-corruption steps that minimizes the human factor in decision-making by regulatory authorities, stimulates their transition to European principles of state control and facilitates international trade.
Currently, 85% of the goods are cleared through the “Single Window” system on average.
The law creates the legislative basis for the “Single Window” mechanism and the functioning of the single state information portal “Single Window for international trade”, which, in particular, provides for the possibility of one-time filing in electronic form of documents and/or information for the purpose of automatic exchange of cargo information in the process of its customs control.
Thus, instead of seals and stamps of state bodies on documents in hard copy, documents and information will be provided once in soft copy, and the supervisory authorities will fill in electronic marks in the joint database.
Also, the main innovations of the mentioned Law are as follows:
1. The number of control authorities at the border is reduced;
2. Cancellation of the need for companies to obtain a positive conclusion of the state sanitary-and-epidemiological examination for the implementation of sanitary and epidemiological control of goods transiting through the customs border of Ukraine.
The State Fiscal Service of Ukraine in its Individual Tax Advise “On the procedure for computing the calculation of the adjustment to the tax invoice” of 28.09.2018, No. 4231/6/99-99-15-03-02-15/ІПК reminded that the company supplied the goods at a price, which was lower than the price of its purchase, and therefore the company charged VAT in accordance with para. 188.1 of TCU - based on the amount of the excess of the purchase price over the price of supply. In accordance with the terms of the contract, after the company has executed certain sales volumes, the supplier reduces the prices for the goods supplied to the company and which company supplied to the buyers. Therefore, in accordance with the requirements of Art. 192 of TCU, the supplier reduces its tax liability for VAT, and the company - a tax credit. Can the company reduce now its VAT obligations accrued on the amount exceeding the purchase price over the supply price?
Representatives of the fiscal department noted that if after the registration in the URTI of the consolidated tax invoice, drawn up on the basis of the excess of the purchase price/usual price/balance (residual) value of the goods/services over the actual price of their supply, there is a decrease in the value of the purchased goods/services, the seller, on the date of registration in URTI calculates the adjustment to the relevant tax invoice, drawn up in connection with the decrease in the value of the purchased goods/services, has the right to make a calculation of the adjustment to such a consolidated tax invoice.
Consequently, the tax authorities allow to adjust (reduce) the VAT obligations accrued on the amount of excess of the purchase price of the goods over the price of its supply.
The State Fiscal Service of Ukraine in its Individual Tax Advice “On Value Added Tax” of 27.09.2018, No. 4193/6/99-99-15-03-02-15/ІПК reported: if purchased/manufactured goods/services, non-current assets to be used partly in taxable transactions, and partly in non-taxable ones (para. 196.1.4 of TCU), the taxpayer is required to charge tax liabilities in accordance with Art. 199 of TCU according to the share of use of such goods/services, non-current assets in taxable transactions. The calculation of such a share is based on the results of transactions carried out in the previous calendar year and is applied during the current calendar year.
If the taxpayer carried out only taxable transactions during the previous calendar year, such calculation should be made in the VAT return for the reporting (tax) period in which tax-free transactions were first declared. The share calculated in such a way is used to calculate tax liabilities in accordance with para. 199 of TCU by the end of the calendar year in which the taxable and non-taxable transactions began to be carried out simultaneously, and on the basis of the results of such a calendar year the recalculation of the share of the use of the goods/services and non-current assets in taxable transactions based on actual volumes carried out during the year of taxable and non-taxable transactions.
The State Fiscal Service of Ukraine in its Individual Tax Advice “On the Application of Some Standards of the Legislation in force” of 25.09.2018, No. 4155/6/99-99-14-05-01-15/ІПК reported that cash withdrawals from cash desks were spent on expenditures cash orders or expense information. The documents for issuing cash should be signed by the manager and the chief accountant or the person authorized by the head. Applications for cash withdrawal, settlements should be added to expenditure orders.
The signature of the head of the institution/company on cash withdrawal orders is not required if the documents, statements, accounts, which are added to the cash withdrawal orders, have his/her authorization inscription. Companies engaged in the purchase of agricultural products, the settlement of which is not regulated by the legislation of Ukraine, carry out the issuance of cash to sellers of such agricultural products according to the information, which indicate the names of the sellers, their addresses, volumes of products delivered and the amount of cash paid, signed by the landlord.
Therefore, if the expenditure order is signed by the authorized person of the company, then the name, surname and patronymic of such a person should be indicated accordingly.
The National Bank of Ukraine by its Resolution “On Approval of the Guidelines for the Cash Transactions by Banks in Ukraine” of 25.09.2018, No.103 updated the requirements for the conduct of cash transactions by banks in Ukraine, which was related to the improvement of the organization of the cash work and changes in Ukrainian legislation.
The updated Guidelines for the conduct of cash transactions by banks in Ukraine (hereinafter - Guidelines No. 103) regulate the relations between banks (branches, departments) on issues of cash transactions with the National Bank of Ukraine, other banks, and establish the procedure and requirements:
- implementation of banks (branches, departments) of cash transactions in national and foreign currencies;
- drawing up of documents by banks (branches, departments), implementation of cash transactions on receiving and issuing cash;
- processing of banknotes (coins);
- delivery and receipt by banks (branches, departments) of cash of the national currency from the NBU, including the use of cassettes.
The norms of the Guidelines No.103 concerning the cash transfer transactions in national currency using payment terminals and software and technical complexes of self-service, as well as in the part of the registration of cash documents, apply to non-bank financial institutions and the national postal operator who have received a license from the National Bank transfer of funds in the national currency of Ukraine without opening an account.
According to the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Use of Seals by Legal Entities and Individual Entrepreneurs”, Guidelines No. 103 specifies that a bank (branch, department) has the right to use a stamp, but this information is optional.
In addition, the Guideline’s No. 103 provides for new requirements for:
- identification by the bank in internal regulations (guidelines), additional control system for cash transactions, procedures for checking cash during the audit of valuables, dealing with securities and valuables that are stored in repositories, describing forms of statistical and management reports on cash operations and periodicity of submission, if necessary, to the governing bodies of the bank;
- informing by the bank of clients through information materials to be posted in a place accessible to the client, on the definition of payment characteristics and the exchange of banknotes, exchange and circulation coins of the national currency of Ukraine;
- forming and packaging of circulating coins denominated in UAH 1 (depending on the year of issue) and investment coins of the banknote printing and minting works;
- drawing up of cash documents or transactions for payment of payments for administrative services and accounts of conditional storage (escrow).
Guidelines No.103 comes into force on November 1, 2018.
Since then, the Guidelines on cash transactions with banks in Ukraine approved by the decision of the Board of the National Bank of 01.06.2011, No. 174 is invalid.
