The Verkhovna Rada of Ukraine made amendments to the Tax Code of Ukraine regarding the taxation of investment activity by the Law “On Amendments to the Tax Code of Ukraine concerning improvement of taxation of investment activity” of 07.10.14,№ 1690-VII.
Thus, it is possible to provide for not only the registration of the operator by the VAT payer but the investors in the multilateral production sharing agreement. Then they should apply the registration statements in one of the reporting (tax) period to the 10th day of the calendar month, following the month when the investors decided to register.
The term “investor (operator)” is specified. The term “investor” is legal subject to the production sharing agreement through one investor, and “investor and/or operator” – is subject to the multilateral production sharing agreement through several investors, depending on the conditions of the multilateral agreement.
The Cabinet of Ministers of Ukraine in the Resolution “On amendments to paragraph 13 of the annex to the resolution of the Cabinet of Ministers of Ukraine dated 1 March 2014 № 65” of 30.10.14, № 578 determined that the restrictions on the maximum monthly wage amount (UAH 18 270) were not in force to the military personnel who participated in the ATO. The Cabinet even specified the list of those who were entitled to receive more than 15 minimum wages per month (starting from 01.05.14).
It concerns:
- the military personnel, the supreme commanders of internal affairs bodies;
- the State service of special communication and information security;
- the senior Officials of air crew, flying personnel, engineering and technical staff;
- the National Guard and State Border Guard Service.
The State Fiscal Service of Ukraine in its clarification “Information for a single tax payers, who are in the ATO area” of 03.11.14 explained that only the payers, who were registered in the revenues and duties bodies in the ATO area settlements, were exempt from the single tax payment during the ATO.
The basis for this exemption is a statement of the single tax payer. It is submitted to the taxmen at the main place of registration or place of temporary residence in any format not later than thirty calendar days following the day of the ATO end.
At that the penal and financial sanctions for the default on commitments of the single tax payer from 14 April 2014 to the ATO end are not applied to the specified single tax payers.
The State Fiscal Service of Ukraine in its letter “On the procedure of error correction in the register of issued and received tax invoices” of 10.10.14, № 4828/6/99-99-19-03-02-15 explained: if the payer independently discovered an error in the Register of issued and received tax invoices (hereinafter - the Register), and it didn’t have an impact on the accuracy of records of annex 5 and sections of VAT tax declaration (e.g., individual tax identification number of the counterpart (customer or supplier) was incorrectly stated), the payer was allowed to correct it. This could be done by “cancellation” method in the reporting period when the error was discovered. At that the refine calculation is allowed not to be submitted.
If the error was made not only in the Register but in annex 5, the payer should send in the reporting period, when the error was discovered (including limitation periods), the refine calculation to the declaration in annex 5, where the error was made, in due form valid in the refine calculation time.
Therefore, the error made in January 2012 could be corrected to January 2015 inclusive.
The State Fiscal Service of Ukraine in its letter “On Customs formalities at movement of goods across the borders of the free economic zone “Crimea” of 28.10.14, № 8651/7/99-99-24-01-04-17 explained some issues of customs control and clearance of goods moving across the borders of FEZ “Crimea”.
In particular, the Customs can hold invalid the custom declaration for the goods, which cleared and allowed through the customs of Ukraine for import into the territory FEZ “Crimea”, but didn’t cross its borders for 180 days. The taxmen also reported that Kherson customs offices were entitled to document the periodic custom declarations and additional declarations for goods that were imported from the territory of FEZ “Crimea” in other territory of Ukraine, and for goods that were moved from the mainland Ukraine into the Crimea. And in addition the previous custom declarations – when the goods were imported in Ukraine from the Crimea.
The Ministry of Justice of Ukraine by the Order “On termination of access to certain registry information system of the Ministry of Justice of Ukraine” of 29.10.14, № 1801/5 temporarily blocked the access to the Unified and State registers in Eastern Ukraine: Register of Inheritance, Unified State Register of Enforcement Proceedings, State civil register, Unified State Register of people who have committed corruption offences. It is referred to the following areas of Luhansk region as Antratsit, Krasnodon, Lutugino, Perevalsk, Slavyanoserbsk, Sverdlovsk, Stanichno-Luhansk as well as Alchevsk, Antratsit, Bryanka, Kirovsk, Krasny Luch, Krasnodon, Luhansk, Pervomais'k, Rovenki, Sverdlovsk, Stakhanov cities. In Donetsk region: Amvrosievka region, Maryinsk region, Novoazovsk region, Starobeshivsk region, Telmanivsk region, Shakhtarsk region, Yasynuvate region and such cities as Gorlivka, Dokuchaevsk, Donetsk, Zhdanivka, Kirovske, Makiyivka, Enakieve, Snizne, Khartsyzk, Yasinuvata, Thorez, Shakhtarsk. In addition, the State Registration Service was ordered to block the access of the users to the Unified state register of legal entities and individuals-entrepreneurs in those areas. All these measures should protect the legal interests of people and business in the East of Ukraine.
The National Bank of Ukraine by the Resolution “On the application of certain standards of currency legislation during the temporary occupation regime in the free economic zone “Crimea” of 03.11.14, № 699 ordered that for the application of its regulatory legal acts, all the persons who were registered or had permanent residence in the territory of FEZ “Crimea”, were equal to non-residents, and in investment activities – to the foreign investors. And the contracts signed between the Crimean and mainland entities in this case should be used instead of foreign economic agreements (contracts). All the transfers (payments) from the mainland to the territory of FEZ “Crimea” or from the occupied peninsula to the mainland are carried out in the same manner as the transfers outside of Ukraine / in Ukraine. However, the regulator added some peculiarities for such transfers. In particular, the residents conduct the transfers in foreign currency and in hryvnia to the advantage of the Crimean entities to pay the obligations under property situated on the peninsula and acquired after the entry into force of the Law of Ukraine “On the establishment of free economic zone “Crimea” and on the peculiarities of the economic activity in the temporarily occupied territory of Ukraine” of 12.08.14, № 1636-VII (hereinafter - the Law on the Crimea):
- legal entities - on the basis of the documents confirming the ownership rights of such property, and the documents confirming the grounds for the obligations payment;
- individuals with the tax home in the mainland Ukraine should declare their residential property in the Crimea.
The bank should carry out the transfers related to such property under the certificate of property declaration and the papers confirming grounds for the obligations payment.
The National Bank also reiterated the ban legislated in pp. 3 p.12.8 of Art.12 of the Law on the Crimea: it was prohibited in Ukraine to solicit the deposits or to give credits in rubles. And all the banks are ordered to terminate all the account transactions of the Crimean legal entities and to close them.
The National Energy and Public Services Regulatory Commission (NEPSRC) by the Resolution “On the limitation of the natural gas prices for the industrial customers and other business entities” of 31.10.14, № 224 from 01.11.14 established new limit prices for natural gas for business and state employees.
The new prices fixed at the level of UAH 5 100 per 1000 m3 (excluding VAT, fee in terms of surcharge to the current natural gas tariff for consumers of all forms of ownership, levied at 2% rate, transportation services tariffs, distribution and supply of natural gas at regulated rates).
