The Cabinet of Ministers of Ukraine adopted the Resolution “Some Issues of the Implementation of the Pilot Project on Social Protection of Families with Children and Supporting the Development of Responsible Paternity” of 30.05.18, No. 427, according to which the Government will compensate for the services of a babysitter for families whose mother refused to take maternity leave and went to work. It will be possible to take advantage of this privilege from 01.01.19.
The Cabinet introduces such a concept as a “municipal nanny”. Thus, when a family in which parents refused to take maternity leave, hires a babysitter, the state compensates for the cost of his/her services in the amount of one living wage. This is about UAH 1 500 for each month of nanny’s work.
Tin order to receive funds from the state, parents will have to sign a formal employment agreement with the nanny.
The Cabinet of Ministers of Ukraine adopted the Resolution “On Amending Certain Resolutions of the Cabinet of Ministers of Ukraine” of 10.05.18, No. 353 which allowed companies not to use seals during the retail sale of alcohol and oil products. In order to certify the accompanying documents for the products, it is enough to indicate the signature of the responsible person.
This decision was made on the basis of the requirements of the Law of Ukraine “On Amending Certain Legislative Acts of Ukraine on the Use of Seals by Legal Entities and Individual Entrepreneurs” of 23.03.17, No. 1982-VIII.
The relevant changes were made to a number of documents:
- Rules for the retail trade in alcoholic beverages, approved by the CMU Resolution No. 854 of 30.07.96;
- Rules for retail trade in oil products, approved by the CMU Resolution No. 1442 of 20.12.97;
- Procedure for warranty repair (servicing) or warranty replacement of technically complex household goods, approved by the CMU No. 506 of 11.04.02.
The State Fiscal Service of Ukraine in its Individual Tax Advice “On the Stay in the Register of Unified Taxpayers of the Fourth Group” of 22.05.18, No. 2268/6/99-99-12-02-03-15/ІПК clarified what implications would have the agricultural enterprise – payer of the unified tax in case of untimely submission of the declaration with the sign “General” (after February 20).
Such a farmer should be excluded from the register of the unified tax payers, and he/she will have to pay taxes on the general tax system by the end of the year. It will not help, even if a farmer timely submitted a declaration of a unified payer with the type “Reporting” and the annexes to it 'Information on the availability of land plots”, “Calculation of the share of agricultural commodity production”.
It should be recalled that agricultural companies operating in Group 4 of the unified tax annually confirm their status. In order to do this, they should submit package of documents to the tax agency up to 20 February, which includes:
- general tax declaration for the current year for the total area of the land plots from which the tax is levied (agricultural land (arable land, grassland, pastures, perennial plantations) and / or lands of the water fund of internal reservoirs (lakes, ponds and reservoirs);
- reporting tax declaration for the current year separately for each land plot;
- calculation of the share of agricultural commodity production - it calculates the share of sales of agricultural products in the total amount of income. It must be at least 75%;
- information (certificate) on the availability of land plots.
The State Fiscal Service of Ukraine in its Individual Tax Advice “On accounting for the value of fixed assets depreciated in the tax accounting, the liquidation value of the object of fixed assets” of 18.05.18, No. 2212/6/99-99-15-02-02-15/ІПК emphasized: the income tax payer in determining the value of depreciable fixed assets, including in tax accounting, calculates the liquidation value of fixed assets determined in accordance with accounting rules, unless otherwise provided accounting policies.
Consequently, if in the accounting of the company, liquidation value is established for fixed assets, then when calculating tax depreciation, it should be deducted from the initial value of such objects.
It is recalled that the liquidation value of an asset is a pre-estimated amount that the business entity would receive at the current time from the disposal of an asset after deducting all pre-estimated expensed of disposals, if the asset is out of date and is in a state expected after the expiry of its useful life exploitation.
The State Fiscal Service of Ukraine in its Individual Tax Advice “On clarification of the tax declaration on the income tax of a company for the reporting tax periods subject to the retrospective adjustment and re-formation of financial reporting in connection with the preparation of the first IFRS reporting” of 24.05.18, No. 2322/6/99-99-15-02-02-15/ІПК reported that the clarification of the reporting periods preceding the transition to IFRS was carried out by the payer only in the event of errors detected, in particular in the financial statements, which led to underestimation/overestimation of tax liabilities on the income tax.
That is, when a taxpayer transfers to IFRS and performs retrospective adjustments to the date of transition (as required by IFRS 1, “First-time application of International Financial Reporting Standards”), no clarifying declarations are required.
An exception is if, at the time of such a transition, the accounting errors affected on the object of taxation of the income tax were found. Errors correction of in this case is under general rules.
The Ministry of Finance of Ukraine in its letter “On the powers of local self-government bodies in making decisions on the establishment of local taxes and duties” of 26.03.18, No. 11230-17-10/8220 reminded: if the local government did not make a decision on the establishment of appropriate local taxes and fees, then payers should use the minimum rates (with the exception of payment for land - it should be levied using rates applied until December 31 of the previous year). Since only upper limit of the rate has been set for most of the local taxes and fees in the TCU, the minimum rate for such taxes (fees) is equal “0”.
It should be recalled that the local government sends controllers a copy of the decision on the establishment of local taxes or fees not later than July 1, the year preceding the budget period, in which it is planned to apply the established local taxes and fees. Taxpayers can find consolidated information on the size and date of setting local tax rates and fees in the respective territories on the official portal of the State Fiscal Service of Ukraine. Such data should be made public no later than July 15 of the current year.
The Ministry of Ecology and Natural Resources of Ukraine by its order “On Approval of the Application Form for Obtaining a Permit for Special Water Use” of 12.04.18, No. 116, approved the application form for obtaining a permit for special water use. This form has been developed in accordance with the updated procedure for obtaining a permit, which is assigned in Art. 49 of the Water Code of Ukraine. It specifies: in order to obtain the right for special use, in addition to the application, an individual or legal person must collect an exhaustive list of documents:
- justification of the need for water with the monthly calculation of the water use and drainage standard;
- description and scheme of water collection and reverse water discharges;
- norms of the maximum allowable discharge of pollutants;
- approved individual technological norms for the use of drinking water (for enterprises and organizations of housing and communal services, business entities that provide services for centralized water supply and/or drainage, housing and utilities enterprises and organizations);
- a copy of the legal documents for water objects (for tenants of water objects).
The applicant must submit a complete set of documents to the territorial body of the central executive authority, which implements the state policy in the field of water management development.
The National Bank of Ukraine in its letter “On Limitations of Cash Settlements” of 22.05.18, No. 50-0007/28247 disclosed its position regarding the scope of the cash limit in the amount of UAH 50 thousand between companies and individuals. The regulator explained that such a restriction applies to settlement of transactions, the subject of which are any tangible and intangible benefits that can be evaluated in cash, including the issue and return of funds to be accounted, financial assistance, payments related with wages.
Consequently, issuing of funds to be accounted and payment of wages to employees in the amount exceeding UAH 50 thousand should be in non-cash form.
It should be recalled that recently the NBU explained its point of view regarding cash restrictions on contributions to the statutory fund of the enterprise and the provision of financial assistance. The regulator also believes that during such calculations, individuals must adhere to the cash limit of UAH 50 thousand. And the amounts above the established amount can be transferred through the bank.
The Supreme Court of Ukraine issued its Resolution of 23.05.18 in the case No. 902/474/16 on the lawful placement of the inscription “only natural 100%” on the packaging of the products.
According to judges, it is only possible to place such an inscription on the product if it is natural in essence. That is, the product was selected directly from nature and was not processed.
If the product does not meet the specified requirements, and on its packaging (or in television advertising) is such an inscription - the manufacturer actually misleads consumers.
According to the court decision: “Marking of food products should provide the potential consumer with information about a food product that is relevant to its nature, identity, origin, and other. While the package contains the words “only natural 100%”, do not correspond to the specified criteria”.
Consequently, the manufacturer provided consumer benefits to products not because of their own achievements and fair competition, but through the spread of deceptive information.
The Supreme Court of Ukraine supported the decision of the previous instances. For such a breach the manufacturer was fined in the amount of UAH 40 000.
