The Cabinet of Ministers of Ukraine by its Order of 27.05.15, № 544-р “On volumes of medicinal products and medical devices, import of which on the customs territory of Ukraine and delivery within the customs territory Ukraine are exempted from the value added tax for the period of the antiterrorist operation and / or imposition of martial law” approved the volumes of medicinal products and medical devices intended to be used by healthcare facilities and participants of the ATO to provide medical aid to individuals, who suffered injury, contusion or other damage to health in the period of ATO and / or imposition of martial law.
Delivery and import transactions of approved volumes of medicinal products and medical devices are temporarily exempted from the VAT in accordance to para.32of subpara.2 of sec. XX of the TCU. The VAT exemption, in particular, applies to:
- medicinal products such as “Nalbuphine hydro chloride”; “Amoxicillin hydrate three”; “Dexpanthenol”; “Methyluracilum, chloramphenicol”; “Ciprofloxacin”;
- medical devices: mechanical and chemical means to stop bleeding; car first aid kits; medical plasters; medical gloves; Mechanical tools for dressing and footwear cutting; brilliant green.
It should be noted, the preferential norm of para.32 of subpara.2 of sec. XX of the TCU entered into force as far back as 2014 but not fully worked because appropriate volumes of medicinal products and medical devices were not approved. The state financial control also noticed it in the category 101.14.10 ЗИР (Public information and reference resource).
The Cabinet of Ministers of Ukraine by its Resolution of 27.05.15, № 331 “On amendments to the Procedure of payment of duty on obligatory state pension insurance with certain types of business transactions” (comes into force from the day of its official publication) to implement the Law of Ukraine “On amendments to the Tax Code of Ukraine and Certain Legislative acts of Ukraine on the tax reform” of 28.12.14, № 71-VIII made amendments to the procedure for payment of pension contribution.
It is clarified that banks do not withhold the pension contribution from legal entities when foreign currency purchasing. The contribution should be paid only by individuals who purchase foreign currency in cash except as they buy it for credit repayment.
At the same time, the appropriate form of report on pension contribution withholding in foreign currency purchasing that banks submit to the PFU is also amended.
In addition, the procedure of pension contribution collection of precious metals is modified. Individuals and legal entities are its payers now; they submit jewelry and household items made of precious metals for stamping to state companies of Assay Supervision. In this regard the form of relevant report to the PFU is also changed.
The State Fiscal Service of Ukraine in its letter “On application of penal sanctions” of 24.04.15, № 8828/6/99-99-17-02-01-15 reported: when adjustment calculating data under form № 1DF before the expiration of its submission, in other words the penal sanctions, provided in para.119.2 of the TCU, should not be applied in new reporting calculation.
The penal sanctions provided for by para.119.2 of the TCU are applied to tax agent for correction of errors in adjusted calculation after the deadline submission of form № 1DF. It should be recalled, this is about:
- UAH 510 – for non-submission of f. № 1DF with violation of established term, not in full, with any false information or mistakes, if such false information or mistakes are reduced and / or increased tax liability of the taxpayer and / or changed the taxpayer;
- UAH 1020 - for the same actions committed by the tax agent, to whom the penalty for such an offense was applied during the year.
Mentioned sanctions are not applied if the false information or errors in f. № 1DF arose due to reassessment of income amounts accrued (paid) in favor of individuals, and withheld tax from them according to para. 169.4 of the TCU, and corrected in accordance with Art.50 TCU.
The State Fiscal Service of Ukraine in subcategory 101.30 ЗИР explained that the adjusted calculations to tax invoices (hereinafter - TI) should take into account when the filing of report on the amounts of tax benefits to VAT payers.
The VAT amounts, not paid to the budget because tax benefits, should be calculated based on tax treatment (para.4 of sec. I of the Procedure of amount determination of taxation and duties not paid to the budget by business entity due to obtaining of tax exemptions for transactions carried out within the customs territory Ukraine, approved by the State Tax Administration of Ukraine dated 29.03.11, № 167).
The state financial control clarified that this calculation depends on:
- transaction status: transaction exempted from VAT is subject to zero rate;
- tax regime.
Adjustments of obligations should be recorded in line 8 of VAT Declaration, and credit – in line 16. Since figures of line 8 are to be included in the total amount of tax liabilities, and line 16 – in the total amount of credit, the figures of adjustment calculation to TI should be taken into account when the filing of report on the amounts of tax benefits.
The State Fiscal Service of Ukraine released the draft order of the Ministry of Finance “On Approval of Regulations on the Register of non-profit organizations and institutions” on its official web-site.
As fiscals explain, the draft order is developed to bring the Regulations on the Register in line with requirements of new version of Art.133 of the Tax Code of Ukraine (hereinafter - TCU). New document provides:
- determination of characteristics of unprofitability of organizations or institutions according to the list of subjects and criteria specified in the new version of the TCU;
- disapplication of necessity to re-enter in the Register organizations and institutions that meet the new version of Art. 133 of the TCU and has been already entered in the Register as of 01.01.15;
- implementation of transitional six month period to update the Register. During this time, the tax authorities should check non-profitable organizations entered in the Register and inform them about the exclusion from the Register if they do not meet the new requirements.
Comments and suggestions to the draft are accepted by the SFSU experts within one month to the address: mail – 04655, the MCL, Kyiv-53, Lviv Square, house 8, the Department of methodological work on taxation issues, e-mail - lhropun@sfs.gov.ua, and to the postal address of the State Regulatory Service of Ukraine - 01011, Kyiv city,. Arsenal Street, 9/11.
The National Bank of Ukraine by the Board Resolution “On settlement of the situation in the monetary and foreign exchange markets of Ukraine” of 03.06.15, № 354 (hereinafter - Resolution № 354) extended the anti-crisis measures from 04.06.15 for another 3 months (to 03.09.15).
It should be remembered that the NBU Board Resolution of 03.03.15, № 160 has been terminated since 03.06.15, which establish the anti-crisis measures to stabilize the monetary and foreign exchange markets.
Resolution № 354 also includes a number of provisions on restrictions liberalization in the monetary market, which are as follows.
1. The NBU increased the maximum balance amount of foreign exchange funds on the accounts of resident customers (except individuals), over which the authorized banks are not allowed to buy foreign currency on their behalf. Now this limit is $ 25 000 (previously it was USD 10 000).
2. The cash withdrawal limit in hryvnia via cash desks and ATMs is increased – from UAH 150 000 to UAH 300 000 per day per customer. This restriction still does not apply to cash withdrawal on salaries, business trip expenses, pensions, stipends and other social and equated to them payments (excluding financial aid). It also does not operate when payment of guaranteed compensation amounts to the investors at the expense of guarantee Fund of individuals’ deposits.
Term of payments for export and import transactions, should not exceed 90 calendar days.
The requirement on sale in the interbank foreign exchange market is still the same, 75% of revenues in foreign currency from abroad in favor of:
- legal entities;
- entrepreneurs;
- foreign representatives (except official representatives);
- on accounts opened in authorized banks for joint activities conducting without formation of legal entity;
- revenues in foreign currency on accounts of residents opened outside Ukraine on the basis of individual licenses of the NBU.
The National Bank of Ukraine by the Board Resolution “On Amendments to the Resolution of the National Bank of Ukraine dated 30 December 2003 № 597” of 03.06.15, № 355 (entered into force 04.06.15) increased the maximum cost amount from EUR 25 000 to EUR 50 000 under the contract with non-resident of executed works (services), intellectual property rights, when documentary confirmation of compliance of contract prices with market conditions to be necessary (the price examination certificate of the State information and analytical monitoring center of external commodity markets).
The National Bank of Ukraine legalized WebMoney.UA. WebMoney.UA Payment System received the official status of domestic non-bank payment system of Ukraine and entered into the relevant Register of the NBU payment systems.
