The Cabinet of Ministers of Ukraine decided to liquidate the Ministry of Revenue and Duties of Ukraine and restore the activity of the State Tax Service (STS) and State Customs Service. This was reported by the government portal.
Appropriate decision was made at a meeting of 1 March 2014. The document stipulates that STS is the central body of executive power, ensuring the implementation of the unified state tax policy, public policy, administration of a single fee for obligatory state social insurance, state policy in the sphere of fighting crime in the application of tax legislation as well as legislation on payment of the single contribution.
The State Customs Service is a central executive body, ensuring the implementation of the state policy in the field of customs.
Both services are directed and coordinated by the Cabinet through the Minister of Finance. The document stated that the Customs Service and STS are successors of the rights and obligations liquidated the Ministry of Revenue and Duties of Ukraine in appropriate fields.
Ministry of Revenue and Duties of Ukraine by its Order of 01.27.2014 № 84 approved a declaration form on income (profit ) of the insurer .
The new form significantly differs from the current. Besides differences in the details and terms of the declaration, changes are present in applications, the number of which increased to 12.
Appendix ІД (other income of the insurer) of the previous form supplemented by information on income from insurance operations and became the Appendix ДС. Appendix ЦП (securities transactions) increased in volume and is divided into 4 tables.
There are new Appendixes:
- СП (information on the deposits received and accrued insurance and reinsurance payments of insurers/reinsurers);
- ПП ( information on the amounts accrued and paid of reinsurance payments in the context of reinsurers);
- СБ (amounts of doubtful and bad debts);
- TЦ ( adjustment of tax liabilities of the taxpayer for the purpose of transfer pricing ).
The Ministry of Revenue and Duties of Ukraine in its Explanation of 27.02.2014 clarified the memo on the procedure for tax calculation of income accrued (paid) for the benefit of taxpayers and amounts withheld from their taxes, the order of approval of which will come into force on 1 April 2014 .
The proposed form is different from the previous by lack of the details 'Amount of tax debt as of 01.01.2011 (UAH, cop.)'. In addition, in guide revenues criteria changed the names of some codes ( 108, 118, 127, 129, 144) and added new ( 179 - 183).
The first time a form №1ДФ is submitted during the reporting period - I quarter of 2014.
When submitting the revised calculations for the period from 01.01.2011 to 31.12.2013 , the income is recorded on the grounds that were in the previous edition of the form.
The Ministry of Revenue and Duties of Ukraine in its letter of 23.12.2013 № 18006/6/99-99-22-01-03-15 states that entity that provides services, including transportation by taxi, has the right to apply any PPO, included in the State register for the specified scope.
It should be noted that the tax authorities have sent a request to the PPO producers, including taximeters, to provide information on the possibility of providing consumers with a taximeter that meet the requirements of the Law on PPO.
The Ministry of Revenue and Duties of Ukraine by its Order of 03.03.2014 № 169 approved the new edition of the State Register of payment transactions. New State List of PPO has 101 positions. This is by 10 points higher than last year.
The Ministry of Revenue and Duties of Ukraine in its letter of 19.12.2013 № 17866/6/99-99-19-04-02-15 noted that the operation of the supply of services provided to foreign and domestic vessels (including vessels that go to the sea port or from the sea port without cargo for loading / discharge within international traffic), making international transportation of passengers, luggage and cargo and paid Ukrainian port charges, are exempt from VAT. The main condition for the application by port such benefits are the documents, confirming international ship traffic.
In the case of domestic transport of passengers, luggage and cargo, VAT exemptions on real services, paying by port fees, do not apply, and such transactions are subject to VAT in the general order with the basic rate.
On transaction of the real services, provided to vessels traveling to sea port or from the sea port without cargo for loading/discharge within the domestic traffic specified benefit does not apply, and such transactions are subject to VAT in the general order with the basic rate.
The Ministry of Finance of Ukraine in its letter of 31.12.2013 № 31-08420-07-21/38615 noted that the non-current asset is no longer recognized as an asset (written from the balance sheet) in case of disposal through sale, liquidation, donation, inadequacy, final damage or otherwise non-compliance criteria for recognition as an asset.
Other causes mismatching with criteria for an asset recognition might be losing control by the institution of fixed assets, the loss of an asset consumer characteristics, the inability to use the asset to achieve goal and/or meet the needs of the institution. For intangible assets such reasons could be the expiration of the patent, certificate, useful life, etc.
The Ministry of Finance of Ukraine by its Order of 27.01.2014 № 26 amended the Order of the financial and budgetary reporting drawing up by managers and budget holders.
The Ministry of Social Policy of Ukraine in its letter of 25.01.2014 № 16/06/186-14 reminded that fixed-term employment contract is concluded when the employment relationship can not be established for an indefinite period taking into account the nature of work or its conditions as well as interests of workers and in other cases provided by law.
Such contracts might be concluded as in employment and in the future, if there is reason to conclude (renewal) temporary employment contract.
When an employment contract is signed for a specified period, this period is agreed by the parties and may be defined as a specific term and future occurrence of certain events (such as workers return to work from maternity leave and child care).
In the letter the Ministry of Social Policy reminded about the features of labor relations with employers - individuals.
The National Bank of Ukraine by its Resolution of 27.02.2014 № 104 amended the Resolution №49, containing a number of measures on the activities of banks, aimed at ensuring the stability of UAH.
In particular, canceled the obligation of banks to fulfill orders of legal entities or physical persons-entrepreneurs to transfer funds in any currency (other than payments to the budget and social funds), including getting of cash (other than payments of wages, pensions , stipends and social payments, trips payments) in the balance of current accounts at the beginning of the working day (excluding amounts received during the working day ).
Set additional conditions of the temporary ban on the purchase of foreign currency for UAH on the interbank currency market of Ukraine for:
- early repayment of credits, loans (financial aid) in foreign currency under contracts with non-residents , including signing of additional agreements to loan agreements;
- coverage of the insurance reserves by insurers;
- implementation of resident investment abroad.
Provided that the said prohibition applies to instances of execution resident borrower obligations as to the principal amount of the loan and on other payments established by lending contracts (loans, financial aid ).
Residents have the right to conduct such transactions solely on their own (not purchased , not involved in the form of loans, loan) funds in foreign currency.
The Auditor's Chamber of Ukraine during explanation of the Order of providing to auditors and audit firms auditing services in the form of expertise by its Decree of 27.02.2014 № 290/8 resolved the following.
In legal practice, there is a difference between the auditors conclusion on the results of the economic expertise and conclusion of forensic investigation. The auditor's report is not a forensic examination, which can be imposed only by a court and only after the initiation of the proceedings.
Current legislation does not consider Ukraine as a forensic investigation as a type of business, so the auditor can perform tasks of forensic expert , which are not inconsistent with auditing standards, Code of Ethics and not prohibited by the legislation of Ukraine and the Auditor's Chamber .
If the auditor is involved as a forensic expert, he is the subject of forensic activities and in the documents of the expert can not invoke on the name given by the Auditor's Chamber in auditor's certificate or a certificate of inclusion into the Register of auditors and audit firms because an auditor does relevant work not within the audit profession but as a forensic expert .
