The Verkhovna Rada of Ukraine introduced a new national holiday – the Defender’s Day of Ukraine, which should be celebrated on 14 October. The appropriate amendments were made to the Art.73 of the Labor Code of Ukraine (hereinafter – LCU)by the legislative draft № 2187 (approved of 05.03.2015).
10 holidays were provided by the Art.73 of LCU before. If a holiday or a non-working day coincides with the weekend, a day off is postponed to the next day after a holiday or non-working day.
The Verkhovna Rada of Ukraine adopted the Law of Ukraine “On Amendments to Section VIII “Final and Transitional Provisions” of the Law of Ukraine “On the collection and accounting of the unified social tax for the compulsory state social insurance” (the legislative draft № 1863).
The document purpose is to reduce the burden on the payroll budget of the companies.
Therefore the parliamentarians reduced the number of conditions for the application of the decreasing coefficients to the rate of the unified social tax charging by the employers. And the certain requirements were removed in fact.
Thus, the 0.4 coefficient – to the size of the unified social tax in 2015, and 0.6 – to the unified social tax in 2016 could be applied by the employer provided that:
- the base surcharge of the unified social tax per one insured person in the reporting month increased by 20 percent or more compared to the average monthly base surcharge of the unified social tax for 2014 per one insured person;
- after the application of decreasing coefficient, the average payment per insured person in the reporting month is not less than the average payment per insured person for 2014;
- the number of insured persons in the reporting month not more than 200% of their average number for 2014. This is new requirement. But it does not apply to those individuals who are self-employed and to the individuals who use the work of other persons under an employment agreement (contract).
It should be noted: the lawmaker struck from the amended Law on the unified social tax (UST) two conditions for the application of the decreasing coefficient concerning the size of the average salary for the company. Therefore, it is not required to increase its minimum by 30% compared to 2014, and at the same time to provide its size at least at a rate of three minimum wages.
The Verkhovna Rada of Ukraine increased the amount of the state social assistance for the Low-income Families. Thus, from April 1, 2015 the amount of the state social assistance for the Low-income Families is increased depending on the number of minor children in the family:
- per each child aged up to 13 – by UAH 250;
- per each child aged from 13 to 18 – by UAH 500. The maximum assistance amount taking into account such an increase would not exceed the minimum subsistence income for the family.
The appropriate amendments are made to the Law of Ukraine “On the State Social Assistance for the Low-income Families” of 01.06.2000, № 1768-III (hereinafter - the Law № 1768) due to the legislative draft № 2263.
Let us recall: the State Social Assistance is paid to the low-income families. The article 5 of the Law № 1768 orders to calculate its size as the difference between the minimum subsistence income for the family and its average monthly total income (but not more than 75% of the minimum subsistence income for the family). At the same time, the amount of the assistance is determined annually according to the level of the minimum subsistence income established by the Law on State Budget for the year.
The State Fiscal Service of Ukraine in its letter of 02.03.15, № 7023/7/99-99-19-02-02-17 reported that the registered agencies and organizations as of 31.12.14 in the Register of non-profit institutions and organizations should continue to use the status of non-profit. That is, such organizations are not the income tax payers in accordance with paragraphs. 133.1.1 of the TCU, if the purpose of their work is not the receiving and the distribution of profits.
At the same time, it is indicated in the letter that the Regulations on the Register of non-profit institutions and organizations, approved by the Ministry of Finance of Ukraine of 24.01.13, № 37, will eventually be amended to bring it into compliance with the order of taxation of non-profit organizations.
The State Fiscal Service of Ukraine in its letter “On charging of the Single Tax by the payers of the fourth group” № 4968/7/99-99-15-03-01-17 of 14.02.15 stated that the single tax payers of the 4th group during the first quarter of 2015 were allowed to make payments of accrued sums of the single tax within a period of one month provided for the FAT payment. This is because other deadlines for the payment of tax are not provided for in the form of the tax return of the fixed agricultural tax (approved by order of the Ministry of income of Ukraine of 30.12.13, № 864).
The State Fiscal Service of Ukraine in its letter “On the necessity of the registration of the new ledger of income and expenditure, when the change of the tax address (residence) related to the change of the administrative region, for the individual - entrepreneur - a single tax payer” № 9806/6/99-95-42-03-18 of 26.12.14 reported the following. If the entrepreneur - a single taxpayer of the I and the II groups and a single taxpayer of the III group, who is not the VAT payer, has changed the address (residence) and this has led to the the change of the administrative region, he/she must register a new ledger of income.
If such entrepreneur belongs to the third group and is the VAT payer – he/she must register the new ledger of income and expenditure.
The new ledgers are to be registered in the controlling authority at the new place of registration.
However, if the single taxpayer continues to record the revenues (income and expenditure) in the old ledger registered by the fiscals in his previous place of registration, the Tax Code of Ukraine does not provide the liability (the application of penalties) of the single taxpayer for such actions.
The Ministry of Finance of Ukraine by the Order “On Approval of Amendments to the Regulations on registration of value added tax payers” of 02.02.15, № 21 made certain Amendments to the Regulations on VAT payers’ registration (hereinafter - Regulations), namely:
- the peculiarities of registration of the single taxpayers by the VAT payers are consistent with the norms of the TCU due to the reduction of their groups from 6 to 4. In particular, it is stated that the single taxpayers of the IV group, which include agricultural enterprises (ex - FAT payers), should be registered by the VAT payers according to the general rules, regardless of the date of transition to the simplified system of taxation;
- the reason for refusal to register by the VAT payer could also be failure to comply with deadlines for the submission of a registration statement or the determination the desired date of registration, which are established by the p.p. 183.1, 183.3—183.7 by the TCU;
- the VAT payers are registered within three days of receipt of a registration statement (para. 3.11 of the Regulation). We recall that the earlier period of the registration was 5 days;
- the statement about the cancellation of the registration in due form № 3 -VAT can be submitted by the taxpayers via e-mail, provided that they have signed an agreement on the recognition of electronic documents with the relevant controlling authority.
The National Bank of Ukraine by the NBU Board Resolutions “On settlement of the situation on the monetary and foreign exchange markets of Ukraine” №160 of 03.03.15 and “On Amendments to Certain normative-legal acts of the National Bank of Ukraine” № 161 of 03.03.15 continued and additionally imposed the restrictions that would affect not only the business entities but the every Ukrainian.
The basic postulates of mentioned norms:
1. The validity of the deadlines for settlements in export-import operations is extended - today it is 90 days.
2. The residents should repay the foreign currency credits and loans (including the financial assistance) under the contracts with non-residents not before the period prescribed by the contracts (it concerns both the principal amount of loan and the interest or other payments).
3. The requirement on mandatory sale on the interbank foreign exchange market (excluding some exceptions) of 75% foreign exchange earnings is extended;
4. The restrictions on the foreign currency sale in the hands of a single person in one bank amounting to not more than the equivalent of UAH 3 000 are extended;
5. The individuals would be able to continue the currency transfer from Ukraine in non-commercial purposes within the limits of the equivalent of UAH 15 000 per day, if they do not provide the certificate of the origin of the funds. When providing such a certificate it could be transferred more than that amount (from account only), but not more than the equivalent of UAH 150 000 per month.
6. The Bank is not entitled to buy foreign currency on behalf of the business entity, if the entity has the currency on the accounts in the equivalent of 10 000 US dollars or more.
7. The banks are not allowed to provide the credits in hryvnia, if the collateral is the currency on the accounts;
8. It is prohibited to buy and transfer the foreign currency, particularly for the return of dividends abroad to the foreign investor.
9. The banks have the right to return the foreign currency deposits in national currency ahead of schedule at the rate of the transaction day under all types of contracts, except the deposits with the issued nominal savings (depositary) certificates with the term of their distribution not less than 6 months.
The National Bank of Ukraine in its letter “On the approval procedures by the National Bank of Ukraine of the purchase transactions of foreign currency” № 28-211/12780 of 26.02.15 noted that each package of documents submitted to confirm the possibility of purchase and transfer of the foreign currency under the import transactions should include the Tax Clearance Certificate of the State fiscal service of Ukraine.
The National Bank of Ukraine by the NBU Board Resolution “On the Regulation of the monetary market” of 02.03.15, № 154 implemented the new approaches to the monetary policy in Ukraine.
One of the steps - the discount rate is increased to 30% per annum from 04.03.15. Let us recall that there was a rate of 19.5% before.
The National Commission, which performs the state regulation in the energy sector and public services (hereinafter –NCREPS) by the Resolutions “On Establishment of retail prices for natural gas used for the needs of the population” of 03.03.15, № 583 (comes into force from 01.04.15, but not before the date of its official publication) and “On approval of limit level prices for natural gas for business entities that produce heat energy, including block (modular) boilers installed on the roof and adjoined (based on the volume of natural gas used for the production and provision of services heating and hot water supply, under condition of the separate instrument metering and accounting record-keeping of the heat and hot water)” of 03.03.15, № 584 (comes into force from 01.04.15) has established new retail prices for natural gas used for the needs of the population:
- · for cooking and / or water heating – UAH 7.188 per 1 m3 - from 01.04.15.
We remind, today the price is UAH 1.182 per 1 m3 for users who have installed gas meters and UAH 1.299 per 1 m3 for those who do not have them. In other words, the gas price for the population of this category increased by 6 - 5.5 times, respectively;
- for the individual heating or complex consumption (individual heating, cooking and/or water heating):
- in the period from 01.05.15 to 30.09.15 (inclusive): - UAH 7.188 per 1 m3;
- in the period from 01.10.15 to 30.04.16 (inclusive): - for the volume consumed up to 200 m3 of natural gas per month (inclusive) - UAH 3.600 per 1 m3;
- for the volume consumed over 200 m3 of natural gas per month - UAH 7.188 per 1 m3.
In addition, the NCREPS approved the ceiling price for natural gas for boiler houses providing heating and hot water to the population at the level of UAH 2994.30 per 1000 m3 including all taxes and duties (currently the figure is UAH 1309.20 per 1,000 m3).
