Legislative Review

June 11 – 15, 2018. The State Property Fund of Ukraine approved a new Procedure for Maintaining a unified database of evaluation reports

The Cabinet of Ministers of Ukraine adopted the Resolution “On Amendments to certain Resolutions of the Cabinet of Ministers of Ukraine” of 06.06.18, No. 445, which stipulates that the victims of the Revolution of Dignity will receive pension payments in the amount established for the participants in hostilities.

If the monthly amount of pension payments to affected Victims of the Revolution of Dignity will not reach 165% of the subsistence minimum for people who have lost their ability to work, they will be paid monthly state targeted assistance to a pension in an amount that is not sufficient to the specified amount.

The document was adopted with the purpose of ensuring the implementation of amendments to the Law of Ukraine “On the Status of War Veterans, Guarantees of Their Social Protection” of 22.10.93, No. 3551-XII.

The State Fiscal Service of Ukraine in its Individual Tax Advice “On certain Issues of Drawing up a Tax Invoice” of 01.06.18, No. 2403/6/99-99-15-03-02-15/ІПК explained: the presence or absence of zeroes in the tax invoice before Individual tax number (hereinafter - ITN) does not affect its registration in URTI. The system allows for registration only those tax invoices in which the taxpayer’s ITN has been entered in the register of VAT payers.

A signal for a successful registration of a document for VAT payers will be a relevant receipt.

If the supplier receives a receipt for the rejection of the tax invoice registration in the URTI, he/she should make and register a new tax invoice in the URTI.

It should be recalled that a registered tax invoice is the basis for the reflection of a tax credit for a buyer.

The Ministry of Finance of Ukraine by its Order “On Amendments to the Order of the Ministry of Finance of Ukraine dated 14.06.2016, No. 547” continued to make amendments to the cash register sphere. A number of innovations have been already developed, which include, inter alia, registration and sealing procedures for cash registers.

Amendments to the Order of Registration of cash registers are as follows. From now on, for the registration of PPOs (cash registers), business entities must submit only application form No. 1-PPO to the controllers. That is, it is no longer required to submit copies of the documents listed in para. 4 of chap. 2 of sec. II of Procedure for registering of cash registers.

Also, cases where controllers may refuse registration of cash registers increased. In particular:

  • if the entity has not reported fiscal authorities regarding the existence of an entity, as required by paragraph 63.3 of TCU;
  • if the tax authorities have not received from the Service Center (hereinafter - SC) a notice on the conclusion of an agreement with them, or if such a notice indicates that the contract has been terminated or terminated;
  • if there is evidence that cash register is counted as stolen.

Now interaction of fiscal authorities and SC-authorities will be only through electronic communication.

There are also amendments to cash registers sealing procedure. Thus, SC will be forced to send controllers notice of contracts on service concluded with them. And also inform about termination or amendment of the contract.

The SCs will be required to send to the controllers by e-mail a certificate of sealing the cash registers and the act of introducing cash registers into operation. As well as a copy of the certificate in case of re-registration and subsequent re-sealing of cash registers. At present, all these documents are supplied by the business entities to the tax authorities independently.

The Ministry of Agrarian Policy and Food of Ukraine in its letter “On the use of funds for partial compensation of the cost of agricultural machinery” of 16.05.18, No. 37-16-15/13794 clarified the conditions under which an agrarian enterprise may claim partial compensation for the cost of agricultural machinery of domestic production. One of the important conditions is that the calculations for the machinery should be carried out through a state bank or a bank in the authorized capital of which 75% and more of the shares belong to the state. These include Oshchadbank, Ukreksimbank, Ukrgasbank, PrivatBank.

Partial compensation is provided to agricultural producers which purchased machinery and equipment from manufacturers or their dealers from January 1, 2018. The state compensates farmers 25 percent of the cost of equipment (excluding VAT), and farms can additionally receive partial compensation of 15 percent of its value.

The State Property Fund of Ukraine by its order “On Approval of the Procedure for Maintaining a Unified Database of Evaluation Reports” of 17.05.18, No. 658 approved a new Procedure for maintaining a unified database of evaluation reports in connection with the introduction of amendments to Art. 172 of the Tax Code of Ukraine (hereinafter - TCU) regarding provision of the estimated value of property for the purpose of calculating the income of a taxpayer - an individual from the sale (exchange) of property (except cases of inheritance and donation of property.

 According to the new wording of Article 172 of TCU, the proceeds from the sale of the property are determined on the basis of the price specified in the contract of sale, but not lower than the estimated value of such an object, calculated by the authority authorized to carry out such a valuation in accordance with the law (entity valuation activity), and Registered in the unified database of evaluation reports (hereinafter - the Unified Base). Although the amendments came into force on 01.01.18, the new Procedure for maintaining the database of evaluation reports appeared only now.

Consequently, from now on the Unified Base will contain a database and a module for the electronic determination of the estimated value, similar to the property valuation object. When registering a valuation report, the Unified Base will monitor the information from the evaluation report made by the valuator for the absence of violations during its compilation, in particular, its completeness and compliance with the valuation value determined by the appraiser, which is verified by the module of electronic determination of the estimated value of property similar to the object of valuation.

The result of the electronic determination of the estimated value, carried out by the module of the Unified Base, is applied within +/- 25% of the indicator value.

In the case of completeness, correctness and compliance of the information from the assessment report made by the entity of valuation activities, including the compliance of the appraised value of the property, property rights with the limits set by the indicator, the Unified Base registers the valuation report with the assignment of a unique number to it simultaneously formation of a reference for entering information from the valuation report into the unified evaluation report database.

The reference for entering the information from the valuation report to the Unified Database is included in the valuation report.

The National Bank of Ukraine by its Resolution “On Approval of Amendments to the Rules for the Implementation of Transfers of Individuals Beyond Ukraine and in Ukraine under Current Foreign Currency Non-Transactions and Their Payments in Ukraine” of 07.06.18, No.62 amended the Rules of Implementation beyond Ukraine and in Ukraine Transfers of individuals under current non-traded currency transactions and their payments in Ukraine.

From now on, banks and their clients (resident individuals) are given the opportunity to apply modern Paperless communication technologies while transferring foreign currency. In particular, bank customers will be able to submit electronic copies of confirmation documents for foreign currency transfers outside Ukraine from current accounts in foreign currency. Banks will have the opportunity to create electronic copies of the confirmation documents submitted by individuals to carry out the transfer in paper form, for their further storage.

Also, individuals will be able to initiate a foreign currency transfer in Ukraine through the international payment system with the help of an international payment system. And by the decision of the sender of the transfer initiated from abroad in foreign currency, get such a transfer in Ukraine in hryvnia (that is, in a currency other than the currency of its initiation).

The above changes came into force from 12.06.18.

The National Bank of Ukraine by its Resolution “On Amendments to Certain Legislative Acts of the National Bank of Ukraine” of 07.06.18, No. 63 amended the Guidance on the Procedure for the Organization and Execution of Foreign Exchange Transactions in the Territory of Ukraine.

The updated National Bank document simplifies the registration of currency exchange transactions by banks and other financial institutions.

To this day, banks had to issue two paper copies of a receipt for such a transaction - one for the client, one for storage in a bank. In the future, banks will be able to issue receipts for a currency exchange transaction, not only in paper form, but also in electronic form. Accordingly, banks will be able to store relevant documents in electronic form. Also, with the consent of the client, the bank will have the opportunity not to issue a paper document to the client.

Other financial institutions that exchange currency are currently required to issue two paper copies of the receipt and two paper settlement documents printed by the cash register. In the future, they will process currency transactions only by one document for clients - a document that is printed by the cash register. Accordingly, they will not issue a receipt for the currency exchange transaction to customers.

At the same time, banks and financial institutions will not require a customer’s signature on the receipt or document of the cash register, if the amount of the currency exchange transaction is less than UAH 150 thousand.

The National Bank also provides an opportunity for banks and financial institutions to conduct currency exchange transactions through payment devices. After the payment device’s software has been revised by these institutions, individuals can not only sell but also buy foreign currency cash with the use of these devices.

In addition, banks and financial institutions will be able to issue accounting documentation for currency exchange transactions in the form of an electronic document.

For the introduction of new requirements regarding the use of the cash register in the exchange of currencies through payment devices and the execution of relevant settlement documents of the cash registers, receipts and checks of the ATM, financial institutions were granted a 6-month transition period. During the second half of this year, they will execute currency exchange transactions in accordance with the procedure that was still in force. They will start to conduct currency exchange transactions under the new rules from 01.01.19.

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