The Verkhovna Rada of Ukraine adopted the Law of Ukraine “On Amendments to the Law of Ukraine “On Accounting and Financial Reporting in Ukraine” (regarding the improvement of certain provisions)”. Thus, the Law provides for the following amendments:
- it was clarified the requirements for reporting under IFRS enterprises of public interest (companies − securities issuers, banks, large enterprises, etc.);
- the requirements for enterprise size for accounting purposes were set. For example, small businesses are determined those, which metrics meet at least two criteria: the book value of assets − up to 4 million euros; net income from the sale of products (goods, works, services) − up to 8 million euros; average number of employees − up to 50 people;
- it was clarified the requirements for the chief accountant of the enterprise that are of public interest: the availability of higher economic education, the work experience of an accountant/auditor/auditor over three years, the absence of unpaid or unclaimed conviction for committing a crime against property and in the sphere of economic activity;
- the requirements for the registration of primary documents are weakened. Thus, minor deficiencies in the documents are not the constitute grounds for non-recognition of the economic transaction, if such deficiencies are related to the date of drawing up the document, the name of the enterprise on whose behalf the document has been drawn up, the content and scope of the transaction, etc.
The Cabinet of Ministers of Ukraine by its Resolution “On Approval of the Procedure for the Implementation of Assets Arrested on Electronic Bidding” of 27.09.17, No. 719 determined the procedure for the implementation of electronic trading of property, which was arrested in a criminal proceeding or in a proceeding in cases of recognition of unjustified assets and their claims. Here you can buy assets that:
- transferred to the National Agency for the Detection, Investigation and Management of Assets Derived from Corruption and Other Crimes (hereinafter − the National Agency), to be managed on the basis of a decision of the investigating judge, court or the consent of the owner of the assets and subject to implementation;
- are in the administration of the National Agency and are to be implemented as a measure of independent execution of a court decision on confiscation, special confiscation of assets, collection of assets to the state revenue.
Usually, the first bid should be equal to the starting price of the lot. The step of increasing of the starting and each subsequent price of the lot is 1% of the starting price of the lot.
The size of the guarantee fee is set in the rules of electronic bidding, but it can not be less than 5% of the market value of the asset in the evaluation report at the first electronic auction.
By the way, the auction organizers will receive a reward of no more than 5% of the sale price of the lot, but at the same time it can not exceed 200 minimum salaries established on January 1 of the corresponding year, including VAT.
The State Fiscal Service of Ukraine in its Individual Tax Advice “On Taxation of Certain
Types of Income” of 26.09.17, No. 2053/6/99-99-13-02-03-15/ІПК has clarified the following situation: if a legal entity, which is in liquidation, pays dividends to shareholders, then such income is taxed under special dividend rules. That is, the tax agent withholds the tax not at the general rate of 18%, but at the rate of 5% (if it is a taxpayer) or 9% (for dividends from non-payers of the income tax, collective investment institutions, non-residents).
If, in the event of liquidation, the legal entity carried out exclusively the distribution of the balance between the shareholders, and not the payment of dividends, the amount of such funds shall be included in the taxable income of taxpayers as other income with appropriate taxation. That is, the income tax should be withheld at a regular rate of 18%.
The State Fiscal Service of Ukraine in its Individual Tax Advice “On Taxation of Financial Assistance to Health” of 26.09.17, No. 2052/6/99-99-13-02-03-15/ІПК noted: if the payment of material assistance for the improvement of health is provided by the provisions on the payment of wage labours (collective agreement, sectoral agreement, etc.), adopted in accordance with the norms of labor legislation, such material assistance for the purpose of taxation is equated to wages and included in the taxable income of an employee in a month, in which its accrual was made.
The amount of such material assistance for the rehabilitation is the basis for the accrual of the unified contribution in the month in which the employer accrues the leave payment. This conclusion, apparently, is due to the fact that maternity care for rehabilitation usually accompanies the provision of leave and is accrued with leave payment.
It should be reminded that in case if the maternity assistance is one-time and its payment is not provided for by a collective agreement or a branch agreement, it is classified as non-payment and is not subject to the income tax within the limits established in para. 170.7.3 of the Tax Code of Ukraine (in 2017 − UAH 2240). In addition, the one-time maternity assistance given to an individual worker in connection with family circumstances, for the payment of treatment or rehabilitation of children, is not subject to the payment of the unified contribution (para. 14 of sec. of the List of types of payments, carried out at the expense of funds of employers, for which the unified contribution for the compulsory state social insurance is not accrued, approved by the resolution of the CMU of December 22, 10, No. 1170).
The State Fiscal Service of Ukraine in its Individual Tax Advice “On Determining the Limit of Cash” of 22.09.17, No. 2038/6/99-99-14-05-01-15/ІПК reminded that newly established enterprises to be entitled to establish cash limit due to forecasted indicators in the first three months of work.
In fact, for such a period, such enterprises may set a cash limit at any rate. But after the expiration of the three-month period from the beginning of the work the company has to transfer the limit of cash at the expense of the actual figures. It was given two weeks for this.
Enterprises that used to use only cashless forms of payments also apply this procedure for calculating the cash limit.
The State Fiscal Service of Ukraine in its letter “On the campaign of controlled transactions reporting” of 18.08.17, No. 22283/7/99-99-12-03-07-17 clarified what features would be taken into account when checking the connection of persons in order to recognize transactions between profitable and non-resident as controlled. According to the representatives of the fiscal department, the connection between the payer and his/her counterpart can testify: the same or similar names of companies; use on the websites of the payer and the counterparty, as well as on the forms of documents of identical logos; signing of contracts and commercial documents by persons having the same names; which are simultaneously the founders / participants, heads or members of the collegial bodies of these companies, etc.
The National Bank of Ukraine by its Resolution “On Approval of the Provision on the Organization of Measures to Ensure Information Security in the Banking System of Ukraine” of 28.09.17, No. 95 approved the Provision on the organization of measures to ensure information security in the banking system of Ukraine. This document provides for the enhancing the security of information and cyber protection of the banking system. Reliable information protection is planned to be achieved in two stages:
- 1st stage (basic − implementation of basic information security measures) − until 01.03.18;
- 2nd stage (implementation of additional measures − to increase the level of maturity of information security) − until 01.09.19.
The following security measures include:
- protection against malicious code;
- security measures when using e-mail;
- control access to information systems of the bank;
- security measures in the bank’s network;
- cryptographic protection of information, etc.
The document also provides for the appointment of a Chief Information Security Officer (CISO) in the banks and assigning it with sufficient authority to make managerial decisions. Also, banks should form separate units of information security exclusively from the staff of the bank, which directly subordinate CISO.
The Ministry of Social Policy of Ukraine in its letter “On the employment of part-time” of 14.04.17, No. 8185/0/2-17/13 stated: the employer has no right to refuse an employee to hire on a part-time basis due to the absence of information on the presence of the employee’s main place of work. In the opinion of the agency, such a refusal by the employer is a violation of the labor legislation.
In accordance with part two of Art. 24 of the Labor Code of Ukraine during the conclusion of an employment contract a citizen is obliged to submit a passport or other document certifying a person, a work book, and in cases stipulated by law, also documents on education (specialty, qualification), on the state of health and other documents.
According to paragraph 1.1. of the Guidelines on the procedure for keeping work books of workers, approved by the order of the Ministry of Labor, Ministry of Justice and the Ministry of Social Protection of the Population dated July 29, 1993 No. 58, work books are conducted only at the place of basic work, the Ministry of Social Policy emphasizes. The employer carries out a record of information on work part-time at the request of the employee, at the place of main job.
Consequently, the refusal to employ only on the grounds that the worker did not provide a work record and did not report the presence of the main place of employment may be regarded as a violation of the legislation on labor.
According to paragraph 6 of the resolution of the Plenum of the Supreme Court of Ukraine of November 6, 1992, No. 9 “On the practice of consideration by the courts of labor disputes”, if, as a result of refusal to hire or untimely conclusion of an employment contract, the employee had a forced absenteeism, it must be paid in accordance with part two of the Art.235 of the Labor Code, the Ministry of Social Policy notes.
