The National Bank of Ukraine by Resolution “On Approval of amendments to the rules for determining payment signs and exchange of banknotes, small and circulation coins of the national currency of Ukraine” No. 55 of June 18, 2021 has amended the Rules for determining payment features and exchange of banknotes, small and circulation coins of the national currency of Ukraine.
First, it was clarified that banknotes intentionally damaged for the purpose of committing a criminal offense are non-payment banknotes that are composed/glued from non-payment parts from:
- various real banknotes;
- various genuine banknotes and parts of products similar in design to banknotes that do not imitate security features and/or strips of plain paper.
Second, non-payment banknotes (coins) include genuine banknotes (coins) that cannot be used for all types of payments, as well as for crediting to accounts, deposits, letters of credit and for transfers in connection with the acquisition in circulation or improper storage of signs of wear and damage that do not meet the criteria established by the NBU, as well as:
- banknotes intentionally damaged for the purpose of committing a criminal offense;
- banknotes (coins) withdrawn from circulation by the NBU;
- banknote samples;
- banknotes redeemed by stamps or inscriptions ‘before exchange’, ‘non-payment’;
- coins that have one or more of the following characteristics: mechanical damage (cut, holes, removed part, divided into parts), with completely absent images of the head and/or tail side.
Third, circulating coins may have one or more of the features that do not undoubtedly prevent the identification and denomination of the coin:
- darkening of the surface;
- minor mechanical damage (scratches, dents);
- point corrosion of the surface/design elements;
- pollution in the form of local spots, small dots.
Fourth, worn-out coins include coins that have one or more of the signs of damage that do not undoubtedly prevent the identification and denomination of the coin:
- bent or deformed in such a way that makes it impossible to machine count them;
- distorted and partially preserved images of the head and/or tail side due to prolonged stay in circulation, environmental influences and/or exposure to water/chemicals/fire (formation of corrosive shells, discoloration, melting).
The State Tax Service of Ukraine has reminded taxpayers of the adoption of the Law “On Amendments to the Tax Code of Ukraine on the value added tax rate in the taxation of transactions for the supply of certain types of agricultural products” (hereinafter – the Law).
The law restores the value added tax rate (hereinafter – VAT) of 20% in the taxation of transactions for the supply in the customs territory of Ukraine and the import into the customs territory of Ukraine of agricultural products classified under the UKT FEA: 0102 (cattle, live); 0103 (pigs, live), 0104 10 (live sheep), 0401 (whole milk), 1002 (rye), 1004 (oats), 1204 00 (flax seeds, ground or not), 1207 (seeds and other oily crops, ground or not), 1212 91 (sugar beets).
Accordingly, they left the VAT rate of 14% for transactions on the supply of such products: 1001 (wheat and a mixture of wheat and rye (meslin), 1003 (barley), 1005 (corn), 1201 (soybeans, ground or not), 1205 (feather seeds or rape (ground or not), 1206 00 (sunflower seeds, ground or not).
For those goods for which the 20% VAT rate is restored, the Law provides for the following features:
- if the first event in the supply of these goods occurred before the entry into force of this Law, the recalculation of the VAT rate and the amount of tax on the date of the second event is not carried out;
- if after the entry into force of this Law there is a refund of advance payment (advance) or such goods delivered, the first event in the supply of which occurred before the specified date, the adjustment of VAT liabilities is carried out in accordance with the 14% VAT rate;
- if after the entry into force of this Law there is a supply of these goods or transfer of funds in connection with an increase in the quantity or value of such goods, the first event of which occurred before the specified date, the adjustment of VAT liabilities is based on the 20% VAT.
If a VAT payer carries out transactions on the supply of such goods purchased in the customs territory of Ukraine before the entry into force of this Law, such taxpayer must retain a VAT tax credit in the amount accrued at the time of purchase of such goods. Thus, the rate of 20% VAT will be applied only to the occurrence of tax liabilities on transactions after the entry into force of this Law.
This Law will enter into force on the day following the day of its publication and must apply to tax periods from the first day of the month following the month of publication of this Law.
The State Tax Service of Ukraine has reminded that until January 1, 2015, the provisions of paragraph 200.4 of the Tax Code of Ukraine (hereinafter – the Tax Code) provided the possibility of budget VAT refunds in case of receipt of services from a non-resident in the customs territory of Ukraine. The amount of such refunds was equal to the amount of tax liability included in the tax return for the previous period for services received from a non-resident by the recipient of services.
However, in accordance with the Law of Ukraine “On Amendments to the Tax Code of Ukraine and Certain Legislative Acts of Ukraine Concerning Tax Reform” No. 71-VIII of December 28, 2014, this item was reworded, and for more than six years the law has not provided for budget reimbursement. in such circumstances in relation to a relationship with a non-resident who is not registered as a VAT payer.
However, according to the data of the submitted VAT tax returns, some taxpayers continue to apply rules that have long expired.
Therefore, in order to avoid negative consequences, the tax authorities emphasize: given the rules of paragraphs ‘b’ item 200.4 of the Tax Code, the taxpayer may not declare to the budget refund the amount of VAT accrued on transactions for services from a non-resident not registered as a VAT payer, the place of supply of which is located in the customs territory of Ukraine, as such amounts are not paid to the service provider or to the State Budget of Ukraine.
The Ministry of Finance of Ukraine by Order “On Amendments to Order of the Ministry of Finance of Ukraine No. 4 of January 13, 2015” No.278 of May 19, 2021 has set out a new version of Annex 4DF to the tax calculation of income accrued (paid) in favor of taxpayers - individuals, and the amounts of tax withheld from them, as well as the amounts of accrued single contribution (D4).
Changes have also been made to the procedure for filling in and submitting tax calculations by tax agents.
A section with income information in the form of a budget grant will appear in Annex 4DF.
Accordingly, the guidance of income characteristics has been also supplemented with codes to indicate the amount of income in the form of a budget grant.
The tax calculation according to the form approved by this order is submitted for the first time in the second quarter of 2021.
The State Labor Service of Ukraine has answered the following question: “If a woman hired for a new job has not used the right to social leave on two grounds: as a mother with two children under 15 and raising children herself. Does she have the right to take this leave at her new place of work, or should she have been paid compensation for unused leave?”
A woman who works and has two or more children under the age of 15, or a child with a disability, or who has adopted a child, a mother of a disabled child from subgroup A group I, a single mother, a father of a child or a disabled child from subgroup A group I who raises them alone without mother (including in the case of long-term stay of the mother in a medical institution), as well as a person who takes care of a child or a disabled child from subgroup A group I, or one of the adoptive parents are granted annual paid leave of 10 calendar days excluding holidays and non-working days. If there are several grounds, the duration of additional leave may not exceed 17 calendar days.
This leave does not belong to the type of annual leave and is granted at any time during the calendar year, regardless of the time worked and the date of birth of the child. Leave is paid and is granted to a certain category of persons, in particular single mothers and fathers, guardians, women raising children with disabilities or adopting a child, etc., in order to properly combine their work activities with family responsibilities.
Such leave is mandatory at the request of the employee.
The legislation does not provide for a statute of limitations, after which the right to additional social leave for employees who have children is lost. Therefore, if for any reason the employee has not exercised this right and has not used this leave for the previous year or for several previous years, they are entitled to use this leave, and in case of dismissal, regardless of the grounds, they must be paid compensation for all unused vacation days according to Art. 24 of the Law “On Leave”.
In the event of dismissal of an employee who is entitled to such additional leave, the compensation for unused leave days is paid.
Thus, in case of dismissal from the previous place of work, the employer must pay compensation for unused leave.
