The Cabinet of Ministers of Ukraine adopted a resolution “On Amendments to the Cabinet of Ministers of Ukraine of December 29, 2010 No. 1244” of 29.03.17 No.192, which entered into force 31.03.17.
The document determined the following: if the tax debt arose as a result of non-payment of a monetary obligation and/or fines specified by taxpayer in a tax return or in adjusted calculation that to be submitted to the controlling authority within the determined term, collection of funds at the expense of cash belonging to such a taxpayer and/or funds from his/her bank accounts should be carried out by the decision of the head (his/her deputy or authorized person) supervisory authority without going to the court.
Tax debt should exceed UAH 5 million, and its delinquency is 90 calendar days following the last day of the deadline for its payment.
The Cabinet of Ministers of Ukraine by its Resolution “On amendments to the Procedure of writing off the state property” of 29.03.17 No. 199 changed the rules for writing off the state property, which are the objects of uncompleted construction (unfinished capital investments in non-current assets), tangible assets (fixed assets, other non-current assets).
In particular, it was twice increased the threshold of the original (revalued) cost of fully depreciated fixed assets, other non-current tangible assets of economic entities when they can be written off by the decision of the head of the economic entity.Now it will be UAH 20 thousand.
The property, detected as deficit due to inventory, should be written off with its further reflection in accounting to the procedure established by the Ministry of Finance of Ukraine.
The fixed assets, obtained as a result of property writing off, should be entered with the reflectionof fixed assets on the accounts of accounting.
It was changed the criteria for the state property that can be transferred to local authorities with further assigning to relevant institutions, establishments and organizations. Now it should be outdated and worn property suitable for further use. It should be recalled: earlier it was allowed to transfer outdated computer equipment.
The Cabinet of Ministers of Ukraine by its Resolution “On Amendments to the Resolution of the Cabinet of Ministers of Ukraine dated December 25, 2015 No.1133” of 29.03.17, No. 217 established amount of payment for the state registration changes in the information contained in the Unified State Register of legal entities, individuals − entrepreneurs and community groups in reduced time. In particular, double amount of administrative fee should be paid for the appropriate registration:
- within two business days − for the state registration of changes to information about community groups, local branch of the public association with the status of legal entity, other than amendments to information about communicating with legal entity;
- within seven business days − for the state registration of changes to information about structural formation of political parties as legal entities, other than amendments to information about communicating with legal entity;
- within 10 working days − for the state registration of changes to information aboutorganization of employers, their union as a legal entity, other than amendments to information about communicating with legal entity;
- within 20 working days – for the state registration of changes to information about political parties, creative union, local branch of the creative union as a legal entity, other than amendments to information about communicating with legal entity.
Five-time administrative fee amount should be paid:
- within 24 hours − for the state registration of changes to information about community groups, local branch of the public association with the status of legal entity, other than amendments to information about communicating with legal entity;
- within five working days − for the state registration of changes to information about structural formation of political parties as legal entities, other than amendments to information about communicating with legal entity;
- within seven working days − for the state registration of changes to information aboutorganization of employers, their union as a legal entity, other than amendments to information about communicating with legal entity;
- within 15 working days − for the state registration of changes to information about political parties, creative union, local branch of the creative union as a legal entity, other than amendments to information about communicating with legal entity.
Tenfold administrative fee amount should be paid to carry out the state registration of changes to information about political party legal entities during 15 working days.
The Cabinet of Ministers of Ukraine by its Resolution “On amendments to paragraph 4 of the Procedure of submission by the authorities of the statу registration of real estate property and authorities carrying out registration of residence of individuals, the information needed to calculate the tax on immovable property other than land” of 29.03.17 No. 219 provided an opportunity for representatives of fiscal authorities to receive information about real estate, ownership of which belongs to legal entities. This will tighten control over the accrual and payment of legal entities tax on immovable property other than land plot.
Consequently, the State Fiscal Service will receive information from the Ministry of Justice of Ukraine about:
- name of the legal entity and its tax number;
- address and type of property, its registration number;
- general and residential areas of immovable property;
- type of joint ownership (in the case when such property belongs on the right of joint ownership), the amount of share in joint ownership right (if such property belongs on the right joint partial property);
- grounds of ownership rights and date of state registration of ownership rights to immovable property.
The State Fiscal Service of Ukraine in its letter “On taxation of inheritance” of 28.03.17 No. 4313/Б/99-99-13-02-03-14 emphasized that when determining the tax rate of property inherited by right of representation, it is necessary to start from level of relation degree with the person who owned the inherited property. For example, if in 2016 a granddaughter inherited her grandmother’s property under the right of representation of her deceased mother, the deviser should be considered the grandmother, not mother. Therefore, the rate of income tax − 5% rather than 0% and, in addition, it should be also paid 1.5% of the war tax. It also should be noted: on property inherited in 2017, the zero tax rates will apply in the event if the deviser is family member of the second-degree relatives (grandmother, grandfather, sister, brother, grandchild).However, as before, now the inheritance received by non-resident or from non-resident, should be taxed at a rate of 18%.
The State Fiscal Service of Ukraine in its letter “On taxation of compensation for payment for the taxi services in business trip” of 28.03.17 No. 6366/6/99-99-13-02-03-15 noted: compensation of expenditures for taxis in a foreign business trip should not be the subject to taxation of the income tax and the war tax in the presence of supporting documents (sub-para.170.9.1 of the Tax Code of Ukraine).
At the same time, it is said in the category 103.17 ZIR: “Expenditures on taxis incurred by the employee during business trip, both within Ukraine and abroad, are not the subject to mandatory refund, but if these costs were reimbursed to the employee under the decision of the head of the legal entity, the amount of such expenses will be considered as an additional benefit and be included in the total monthly (annual) taxable income of the taxpayer. Taxation of additional benefits is carried out at the rate of 18%”.
The National Bank of Ukraine by its Resolution “On Amendments to the Resolution of the National Bank of Ukraine of December 13, 2016 No. 410” of 04.04.17 No. 30 weakened some temporary currency restrictions. In particular, it was eased the requirement for mandatory sale ofrevenues in foreign currency in Ukraine. Henceforth legal entities should sell 50% but not 65%, of their foreign exchange revenues.
In addition, now individuals can buy more foreign currency in cash per day. It should be reminded: hitherto people had the opportunity to buy the currency for an amount not more than UAH 12 thousand in an equivalent to one person per day. The National Bank increased this maximum amount to UAH 150 thousand, that is to amount above which financial cash transactions are subject to financial monitoring.
