Legislative Review

October 08-12, 2018. The Government approved Basic Principles for the Implementation of Property Policy on Entities of Economy Public Sector

The Cabinet of Ministers of Ukraine approved the developed by the Ministry of Economic Development and Trade on the Basic Principles of the Implementation of Property Policy in relation to business entities of the public sector of the economy.

The document is based on the best practices of state-owned property policy, including the OECD Guidelines for Corporate Governance of SOEs.

The basic principles of the implementation of property policy determine the main objectives of the state ownership, management and disposal of business entities. Thus, the property policy states that the state owns enterprises to improve their efficiency, maintain and increase the book value of their assets, ensure the economic interests of Ukrainian people, fulfill social functions entrusted to the state, as well as obtain profit by the state enterprises from commercial activities.

The document also defines the general principles of management of business entities of the state sector of the economy, among which:

  • exclusivity of state property - it is provided for that the state should own enterprises that perform state-owned functions or are natural monopolies. In this case, other enterprises should be privatized, transferred to communal property, public-private partnership or liquidated;
  • definition of clear objectives of the activity - the state should determine the commercial and non-commercial objectives of the operation of the enterprises belonging to its ownership;
  • parity in the regulation of state and commercial companies, when state-owned companies operate on the same commercial and competitive basis as non-state enterprises, with the transformation of all state-owned companies into joint-stock companies;
  • division of functions of the owner and regulator - the state exercises control and regulation, but does not interfere with the operating activities of the entity;
  • professionalism in the management of business entities - managers and members of supervisory boards should be selected in a competitive, transparent and fair procedure based on their experience and professional skills;
  • observance of transparency of its activity for reduction of corruption risks;
  • social responsibility of state companies.

Now, the authorities that manage state-owned companies must within a month develop, approve and publicize separate property policies for particularly important state-owned enterprises. They should also ensure the implementation of property policies at all enterprises belonging to the state form of ownership.

The Ministry of Finance of Ukraine by its Order “On Approval of Amendments to the Procedure for Registration and Application of Cash Registers Applicable for Registration of Settlement Transactions for Goods (Services), Procedure for Registration and Application of Cash Registers Applicable to the Registration of Foreign Currency Purchase and Sale Transactions, Procedure for registration and maintenance of wage and payment books, accounting books for settlement transactions, the Procedure of sealing of Cash Registers” of 20.09.2018, No. 773 introduced numerous amendments to the Regulations approved by the Ministry of Finance Order “On Approval of the Procedure for the Registration of Cash Registers and Accounting Books for Settlement Transactions” of  14.06.2016, No. 547:

  • registration and application of cash registers, which are used for registration of settlement transactions for goods (services);
  • registration and application of cash registers, which are used for registration of foreign currency purchase and sale transactions;
  • registration and maintenance of wage and payment books, accounting books for settlement transactions;
  • sealing of cash registers.

In addition, there are numerous forms of applications, certificates, etc., starting from the form No. 1-PPO “Application for registration of cash register” and the wage and payment book to the form No. 1- ЦСО “Certificate on the sealing of the cash register” in new wording.

The Ministry of Finance said the main goals of this document:

  • simplification of registration procedures for cash registers and putting them into operation;
  • implementation of registration and application of the cash register of information exchange electronically;
  • simplification of the requirements for keeping the registration book for payment transactions.

The order itself has come into force on October 1, 2018, however, in fact all real changes will come into force after the entry into force of the regulatory act of the Ministry of Finance of Ukraine on approval of the maintenance of the register of copies of cash registers and the register of service centers of cash registers.

The State Fiscal Service of Ukraine in its Individual Tax Advice “On reflection in the tax calculation under f. 1DF of the amount of non-targeted charitable aid provided in non-monetary form” of 08.10.2018, No. 4334/6/99-95-42-02-15/ІПК reported that it was not the subject to PIT the non-targeted charitable help provided by residents - legal entities to individuals during the reporting tax year in aggregate at a rate not exceeding in 2018 UAH 2 470 (UAH 1 762 × 1,4).

In the tax calculation of the form No. 1D, non-targeted charitable help, including that exceeding the maximum size, is reflected with a sign of income “169”.

At the same time, in the case of non-cash assistance, the amount of accrued income in columns 3a “Amount of accrued income” and 3 “Amount of paid income” should be reflected taking into account the nature ratio.

The amount of income without the use of natural ratio should be indicated in the line “The War Tax”.

The State Fiscal Service of Ukraine in the category 136.02 ZIR reported that in accordance with para. 77.1 of the TCU, documentary planning inspection should be provided in the schedule of carrying out planned documentary inspection.

The plan of the schedule of conducting documentary scheduled inspections is selected by taxpayers who are at risk of non-payment of taxes and fees, non-compliance with other legislation, control over which is made by the supervisory authorities.

The Order of the Ministry of Finance of 02.06.2015, No.524 approved the Procedure for the formation of a plan-schedule for conducting documentary scheduled inspections of taxpayers.

In accordance with the Order, the plan of scheduled documentary inspections for the current year is published on the official website of the SFSU by December 25, the year preceding the year in which such documentary routine inspections will be conducted. The update of the annual plan-schedule is carried out in case of its adjustment.

Representatives of the fiscal department noted that the plans for adjustment of plan-schedules in case of such an adjustment are formed by the territorial authorities of the SFSU not later than on the third of each month of the current year, starting from the second month of the current year, by means of information and telecommunication systems of the SFSU (sub-para. 2 of para.3 of sec. I of the Procedure).

Consequently, the adjustment of the plan-schedule of documentary planned inspections of taxpayers is carried out on the basis of projects formed by the territorial authorities of the SFSU starting from the second month of the current year.

Plan-schedule taking into account of adjustments is available on the official web-portal of the SFSU in section “Activities/Plans and Reports of Work”.

The State Fiscal Service of Ukraine in its Individual Tax Advice “On the procedure for making adjustment calculations to the consolidated tax invoices drawn up in accordance with paragraph 201.4 of Article 201 of the Tax Code of Ukraine’ of 11.09.2018 No. 3967/6/99-99-15-03-02-15/ІПК reported that the consolidated tax invoice, compiled for the amount of excess of the book value (residual) value of fixed assets over the actual price, should be adjusted in two lines. In the first line with the “-” sign, it is necessary to indicate the indicators of the line of the tax invoice that you correct. In this case, in column 1, it should be indicated the number of the order line of the tax invoice, which you adjust.  

The second line of the adjustment calculation, it should be reflected the correct indicators. In column 1, a new regular serial number of the line should be indicated, which was not included in the tax invoice, which to be corrected.

In column 2 of the adjustment calculation, the reason of adjustment “Adjustment of the tax invoice drawn up in accordance with paragraph 11 of para. 201.4 of Article 201 of the TCU” should be indicated should be indicated in all lines that are filled in connection with this adjustment.

The State Fiscal Service of Ukraine in its Individual Tax Advice “On the formation of the costs of individual - entrepreneur on the general system of taxation” of 02.10.2018, No. 4265/Є/99-99-13-01-02-14/ІПК reported that the entrepreneur on the general system of taxation had the right to include in the costs the price of used fuels and lubricants. However, it is only possible to reflect such expenses after receipt of income, which is directly related to the costs incurred in conducting business.

The reason for the reflection of the costs will be the corresponding primary documents, in particular, the agreements, acts of work performed (services rendered), shipping documents, settlement documents, etc.

The costs can include fuel within the limits of fuel consumption and lubricants for road transport, approved by the Ministry of Transport Order “Norms for expenses of fuel and lubricants for motor vehicles” of 10.02.1998, No. 43.

The costs of fuel and lubricants exceed those standards are considered to be the non-economic costs.

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