The Ministry of Finance of Ukraine, by Order No. 329 of June 19, 2023, revised the Procedure for Keeping the Register of Auditors and Audit Entities, which was approved by Order No. 766 of the Ministry of Finance of September 19, 2018.
The Register consists of the following sections:
1) auditors;
2) audit entities;
3) audit entities, that have the right to conduct statutory audit of financial statements;
4) audit entities, that have the right to conduct mandatory audit of financial statements of the public interest entities.
In order to enter information into the Register, the applicant submits to the Inspectorate through the electronic office a corresponding application in the form approved by the Supervisory Board of Audit Activities of the Audit Public Oversight Body.
In case of changes in the register information (except information about the auditor's continuous professional training), the auditor within 30 calendar days, and the audit entity within 10 calendar days from the day when the changes occurred, are obliged to submit through the electronic office to the Inspection in the form approved by the Supervisory Board, relevant information (changes) for its entry into the Register.
The Ministry of Finance of Ukraine, by Order No. 394 dated July 14, 2023, made changes to the Procedure for Adopting Decisions on Registration of/Refusal to Register Tax Invoices/Adjustment Calculations in the Unified Register of Tax Invoices.
In particular, it was clarified that the decision on registration of/refusal to register TI/AC in the Register, the registration of which has been stopped, would be made by the commissions on the issues of stopping the registration of the tax invoice/adjustment calculation in the Register of territorial bodies of the State Tax Service.
Previously, the order of unblocking stipulated that among the documents the payer must provide contracts, in particular foreign economic contracts. This wording led to the fact that payers who had never engaged in foreign trade were refused registration for reasons of non-submission of foreign economic contracts.
The Ministry of Finance decided to make changes to this item. The new text stipulates that the payer must provide contracts, including foreign economic contracts, to unlock the TI/AC. We hope that this wording will help those who are not engaged in FEA.
In addition, the List of documents required for the submission of explanations has been supplemented with other documents confirming the information specified in the tax invoice/adjustment calculation, the registration of which has been stopped in the Register.
In the event that the receipt for the TI/AC indicates the code of the product/service according to UKT FEA/conditional product code/national Product Classifier code, the transaction for which was the reason for stopping the registration of the TI/AC, the taxpayer has the right to submit written explanations and copies of documents exclusively for such a transaction.
From now on, the recipient (buyer) has the right to initiate the submission of written explanations and copies of documents to the AC, which provide for a reduction in the amount of compensation for the cost of goods/services to their supplier, for which:
- the recipient (buyer) sends the following explanations and copies of documents to the supplier (seller) through an electronic cabinet in electronic form with a qualified electronic signature;
- the supplier (seller) submits the following explanations and copies of documents with a qualified electronic signature to the controlling body;
- the recipient (buyer) receives information about the date of submission of explanations and copies of documents by the supplier (seller) and the result of consideration of such explanations and copies of documents by the regional level commission.
Annex 2 ‘Notice of the need to provide additional explanations and/or documents necessary for consideration of the decision to register a tax invoice/adjustment calculation in the Unified register of tax invoices of the State Tax Service’ is also presented in the new edition.
By Order No. 428 dated August 4, 2023, the Ministry of Finance has already managed to make changes to Order No. 394 ‘Corrections of a technical nature’. For example, the word ‘name’ is replaced by the word ‘designation’, after the word ‘editions’ the words ‘that are added’ and others are added.
Orders No. 394 and 428 will enter into force 15 days after their official publication. As of the date of preparation of the material, the order has not yet been officially published.
The Verkhovna Rada of Ukraine on August 10, 2023, adopted the bill on Digital Content and Digital Services (Reg. No. 6576) in the second reading and in its entirety.
The specified law is aimed at regulating the civil-law relationship between the performer and the consumer regarding the provision of digital content and/or digital service on the basis of a contract, as well as the legislative establishment of an effective legal instrument for the protection of the rights of consumers who are provided with digital content and/or a digital service.
In particular, the law defines the sphere of civil legal relations to which its provisions apply, distinguishes subjective and objective criteria for compliance of digital content and/or digital service with the terms of the concluded contract, establishes the legal consequences of non-provision of digital content and/or digital service under the contract, inconsistencies of the provided digital content and/or digital service to the requirements stipulated by this Law, as well as the refusal of the contract under which the digital content and/or digital service is provided.
The adoption of the mentioned law is aimed at the implementation into the national legislation of Ukraine of the Directive of the European Parliament and of the Council No. 2019/770 of May 20, 2019 regarding certain aspects relating to contracts for the supply of digital content and digital services and will contribute to the effective implementation and protection of the rights of consumers, who are provided with digital content and/or digital service under the contract.
The Verkhovna Rada of Ukraine has adopted a law amending the Tax Code of Ukraine and other domestic legislative acts regarding the application of special economic and other restrictive measures (sanctions).
The law establishes changes to the provisions of Law of Ukraine ‘On Sanctions’ regarding the non-proliferation of restrictive measures (sanctions) on the payment of taxes, fees, single social tax and repayment of tax debt.
In the explanatory note to the basic draft law No. 6529 of January 19, 2022, it is noted that the document makes changes to the Tax Code, Law of Ukraine ‘On Sanctions’, Law of Ukraine ‘On Protection of Personal Data’, Law of Ukraine ‘On Access to Public Information’, which offer:
- non-distribution of restrictive measures (sanctions) on taxpayers' operations for the payment of taxes, fees, SST and tax debt;
- determination of additional types of sanctions that may be applied by the State Tax Service, in particular:
- stopping the registration of the tax invoice/ adjustment calculation in the Unified register of tax invoices;
- suspension/refusal of the provision of budgetary VAT reimbursement;
- refusal/suspension of the right to set off or return mistakenly and/or excessively paid, as well as excessively collected amounts of taxes and fees, VAT, penalties, fines;
- cancellation of registration/refusal of registration by a single tax payer;
- giving controlling bodies the right to conduct inspections and reconciliations of taxpayers subject to sanctions;
- publication and recognition of tax information as non-confidential, including regarding the payment of taxes and fees by taxpayers subject to sanctions;
- determination of requirements for information that must be specified in decisions on the application of sanctions.
The document establishes four types of measures carried out by the controlling body in order to implement the sanctions adopted by the NSDC; the Tax Code was supplemented with mechanisms for the implementation of such measures for sanctioned persons and the rules regarding the prohibition of the presence of a sanctioned person in the simplified taxation system were supplemented (Articles 291, 298, 299 of the grounds and the mechanism of cancellation of registration by the payer of the single tax).
The Verkhovna Rada of Ukraine has adopted Law of Ukraine ‘On Amendments and Revocation of Some Legislative Acts of Ukraine in Connection with the End of the Quarantine Established to Prevent the Spread of the Acute Respiratory Disease COVID-19 Caused by the SARS-CoV-2 Coronavirus on the Territory of Ukraine’ (reg. No. 9405 of June 20, 2023).
The document proposes:
- to exclude the fourth part of Article 195 of the Code of Administrative Procedure of Ukraine, the fourth part of Article 212 of the Civil Procedure Code of Ukraine, the fourth part of Article 197 of the Economic Procedure Code of Ukraine, which provide that during the quarantine established by the Cabinet of Ministers of Ukraine in order to prevent the spread of the coronavirus disease (COVID-19), the participants in the case can participate in the court session in the mode of video conference outside the court premises using their own technical means. Confirmation of the identity of the participant in the case is carried out with the use of an electronic signature, and if the person does not have such a signature, then in accordance with the procedure defined by Law ‘On the Unified State Demographic Register and Documents Confirming the Citizenship of Ukraine, Certifying the Persons or their Special Status’ or the State Court Administration of Ukraine;
- to make changes to laws of Ukraine ‘On Ensuring Sanitary and Epidemic Welfare of the Population’, "On Mandatory State Social Insurance’, ‘On Protection of the Population From Infectious Diseases’, ‘On the Principles of State Regulatory Policy in the Field of Economic Activity’, ‘On State Assistance to Business Entities’, ‘On the Lease of State and Communal Property’, ‘On Environmental Impact Assessment’, ‘On Mandatory State Pension Insurance’, ‘On Collection and Accounting of a Single Contribution to Mandatory State Social Insurance’;
- to recognize as invalid:
- Resolution of the Verkhovna Rada No. 937-IX of October 20, 2020 ‘On Measures to Counter the Spread of the Coronavirus Disease (Covid-19) and to Protect All Vital Systems of the Country from the Negative Consequences of the Pandemic and New Biological Threats’;
- Resolution of the Verkhovna Rada No. 1004-IX of November 17, 2020 ‘On Timely Informing Citizens in Case of Strengthening of Anti-Epidemic Measures for the Purpose of Proper Preparation for such Strengthening";
- Law of Ukraine ‘On Social Support of Insured Persons and Business Entities during the Implementation of Restrictive Anti-Epidemic Measures Introduced to Prevent the Spread of the Acute Respiratory Disease Covid-19 caused by the Sars-Cov-2 Coronavirus on the Territory of Ukraine’;
- Law of Ukraine ‘On Providing Assistance to Insured Persons during the Implementation of Restrictive Anti-Epidemic Measures Introduced to Prevent the Spread of the Acute Respiratory Disease Covid-19 caused by the Sars-Cov-2 Coronavirus’.
