The State Fiscal Service of Ukraine(hereinafter − SFSU) in its letter “On the use of cash registers dated 27.05.2016, № 5585/С/99-99-22-07-03-14 provided clarification on the use of cash registers (hereinafter − CR) for individual- entrepreneurs in the simplified tax system.
Thus, controllers reminded: in case of excess of revenue of more than UAH 1.0 million in a calendar year, the use of CR for such a unified tax payer (hereinafter − unified tax payer) is mandatory. The use of cash registers begins from the first day of the first month of the quarter following the occurrence of such excess, and continues in all subsequent tax periods for validity of the certificate of unified tax payer.
At the same time, SFSU experts noted: in the case of transition of a unified tax payer of the second group to the payment of other taxes and duties, and choosing simplified tax system from the next calendar year, the income for the previous reporting period should be considered as income of such a payer.
The State Fiscal Service of Ukraine in its letter “On registration as the excise tax payer on the sale of fuel when the oil is changed during maintenance and car repairs” of 30.05.2016, № 11785/6/99-99-12-03-03-15 reported: business entities that carry out the oil change of the engine during maintenance and repair of motor vehicles, are not the subject to the registration as the excise tax payers on the sale of fuel.
Controllers explained that during the provision of corresponding services, the indicated excisable goods (products) was used as expendable material, in other words directly implementation of excise goods did not occur.
The State Fiscal Service of Ukraine in its letter “On tax (reporting) period, a manufacturer of agricultural products, which from 01.01.2016 transited from the unified tax payment of the four group to the general taxation system” of 31.05.2016, № 11819/6/99-99-15-02-02-15 explained: if the manufacturer of agricultural products, which from 01.01.2016 transited from the unified tax payment of the four group to the general taxation system, received for the previous reporting (tax) year, income from the sale of agricultural products of own production in the amount of not less than 50% of total income, he/she was entitled to use the annual tax period that began on July 1 of the current fiscal year and ended on June 30 of the next fiscal year for the purposes of the income tax.
Such a payer should submit individually corporate income tax return, which form approved by the order of the Ministry of Finance of 20.10.2015, № 897 (hereinafter − the Declaration), for the period from 01.01.2016 to 01.07.2016, and since July 1, 2016 it is allowed to use the annual tax period that begins on July 1 of the current fiscal year and ends on June 30 of the next fiscal year.
In addition, in order to identify the manufacturer of agricultural products in the preparation of the Declaration in the box 9 “Special Notes” should be put a mark on his/her belonging to the respective category. In case of application by the manufacturer of agricultural products of the tax (reporting) period, which starts from the first calendar day of the tax (reporting) period and ends on the last calendar day of the tax (reporting) period, i.e. from 1 January to 31 December of the reporting year, the mark in the box 9 “Special Notes” of the Declaration of belonging to the category of the manufacturer of agricultural products should not be set. In addition, the order of calculation and payment of income tax should be conducted by such a company on a general basis.
The National Bank of Ukraine approved the Resolution “On the regulation of the situation in the monetary and foreign exchange markets of Ukraine” of 07.06.2016, № 342. This document:
1. Reduced the rate of mandatory sale of revenues to Ukraine in foreign currency in favor of legal entities from 75% to 65%.
2. Increased the maximum amount of sales of cash foreign currency and banking metals from UAH 6 to 12 thousand in equivalent. In addition, the limit on the amount of the transaction for the sale of banking metals would not apply to coins made from precious metals (including investment coins of Ukraine).
3. Clients of banks are allowed to withdraw cash in foreign currency and banking metals from accounts in the amount of up to UAH 100 thousand per day instead of 50 thousand. Also, the restriction on withdrawals of cash in national currency is removed, which up to now amounted to UAH 500 thousand per day.
4. It was made a decision to allow the repatriation of dividends accrued to foreign investors for 2014-2015.
The above-mentioned standards, except changes on the dividend repatriation, come into force 06.09.2016 and valid until 14.09.2016 inclusive. Norms on the dividend repatriation will be valid from 13.06.2016.
The National Bank of Ukraine (hereinafter − the NBU) by the Resolution of the Board “On Amendments to Certain legal acts of the National Bank of Ukraine” of 07.06.2016, № 341 (hereinafter − the Resolution № 341) simplified the procedure for currency exchange transactions. Amendments indicated in the above Resolution enter into force on 15.06.2016.
Thus, banks and financial institutions that carry out currency exchange now can change the rate of purchasing and selling foreign currencies during the operational (working) day. This will lower the risks for them, which may arise as a result of changes in market during the day, and, as a consequence, reduce the spread between buying and selling rates of foreign currency.
Now it will be allowed to establish different rates of purchase and selling foreign currencies at the bank cash desk, financial institutions and their separate subdivisions, currency exchange offices located at different addresses. Due to this, banks and financial institutions will be able to respond better to regional particularities of the currency market.
In the implementation of cash transactions conversion of one foreign currency to another, the bank is allowed to use its own commercial rate rather than the official rate of the NBU.
In addition, the list of foreign currencies, which banks and financial institutions can convert, is extended. Now they are entitled to carry out the conversion of cash in foreign currency, not only in Group 1 but also in Group 2 of the Classifier of foreign currencies.
Also, the Resolution № 341 simplified document flow in conducting of foreign exchange transactions. As before, an individual wishing to purchase foreign currency should present a personal identification document and residency. But now the cashier should copy the relevant pages of the document and keep copies of the day’s documents only in cases when the amount of foreign currency purchases in excess of UAH 150 thousand. This would reduce costs of banks and financial institutions to conduct foreign exchange transactions and to accelerate them for clients.
The National Bank of Ukraine adopted the Resolution “On Amendments to Certain legal acts of the National Bank of Ukraine” of 07.06.2016, № 339, having liberalized some requirements for foreign exchange transactions for payment of works, services and intellectual property rights of non-residents. The resolution came into force 09.06.2016.
This regulation amended the Resolution of the NBU Board “On the transfer of funds in national and foreign currency in favor of nonresidents on certain transactions” of 30.12.2003, № 597 and approved the Regulation on the procedure of issuing to the residents of the NBU coordination on some transactions, in accordance with the following:
a) exempt from the requirement to receive an act of pricing expertise of the State information and analytical monitoring centre of external commodity markets, certifying compliance with contract prices for works, services, intellectual property rights, which are the subject of the contract, market conditions, or NBU coordination to carry out certain transactions:
- payments of resident-borrowers in favor of the European Bank for Reconstruction and Development (hereinafter − of EBRD), the International Bank for Reconstruction and Development (hereinafter − IBRD) under agreements on the preparation of projects in the state, municipal or private sector, under which these banks consider the possibility of financing, and in the implementation of any other (not only credit) transactions with EBRD and IBRD;
- payments of resident-borrowers under contracts for the execution of works and/or services for the needs of these projects at the expense of IBRD financing, as well as for the needs of relevant projects at the expense of EBRD financing concluded in accordance with the policies and rules of EBRD on procurement;
b) exempt from the need for mandatory translation into Ukrainian and notarization of documents submitted by residents in banks to conduct transactions on payment of works, services, intellectual property rights of non-residents, and the documents that submitted by residents to the NBU for coordination obtaining;
c) reduced list of documents required for NBU coordination obtaining by a resident to carry out certain transactions on payment of works, services, intellectual property rights of non-residents. In particular, there were withdrawn from such a list an original or a copy of cost calculations of provided services, performed works and certified by the non-resident (should not be submitted for coordination obtaining for payment and use of intellectual property rights).
The Ministry of Social Policy of Ukraine in its letter “On keeping of time sheet of mobilized worker and duration of holidays for certain categories of workers” of 05.06.15, № 225/06/18615 reported: if an employee who is entitled to a social additional leave under Art.19 of the Law on leave, did not expressed the desire to use it for several years, there is not any violations of the legislation on leave by the employer, therefore, there is no reason to bring the latter to justice. The ban on the failure to leaves of full duration for two consecutive years (see ch.5, Art. 11 of the Law on leave) only applies to annual leave.
At the same time, the failure to use social leave for a few years at own will of an employee does not deprive him/her of the right to use such leave from previous years, and in the case of dismissal irrespective of the reason, he/she should be paid compensation for all unused vacation days, according to Art. 24 of the Law on leave.
The legislation of Ukraine does not provide the limitation period, after which it is lost the right to additional social leave to employees, who have children or adult disabled child.
Concerning the use of unused social leave by an employee for the previous few years in the current year in a row, the issue should be solved by consent of employee and employer.
