Legislative Review

12-16 January 2015. Instruction on the registration procedure of issued, returned and used power of attorneys for the receipt of valuables is canceled

The State Fiscal Service of Ukraine approved the Generalized tax consultation on certain issues of the reflection of securities transaction in the tax accounting for corporate income tax by the Order of 26.12.2014, № 400. It answers a number of questions which the payers unavoidable meet in drafting of the tax declaration for 2014.

The Ministry of Finance of Ukraine by the Order “On Amendments to the Regulations on the documentary providing of the records in the accounting and recognition of those that have lost the power, the Ministry of Finance of Ukraine orders of 16 May 1996 № 99 and dated 24 March 2000 № 61 of 30.09.2014 № 987” repealed the Instruction on the registration procedure of issued, returned and used power of attorneys for the receipt of valuables. The Order came into force on 1 January 2015.

Therefore, from January 1, 2015 the power of attorney is unrequired when receiving the valuables.

The regulations on the documentary providing of the records in the accounting are amended by this Order adding the following paragraph: the authority to implement the business transaction of the person, who for the benefit of legal entity or individual entrepreneur gets the fixed assets, holdings, intangible assets, monetary instruments, securities and other commodities and materials, under the agreement, are to be confirmed in accordance with the legislation. In particular, such authority can be confirmed by the written contract, the power of attorney, an act of the legal entity etc.

Thus, from January 1, 2015 the procedure for the receipt of valuables entirely depends on the agreement between the seller and the buyer. Certainly, such an agreement should be determined by the terms of the contract. In this case, the power of attorney can be used in arbitrary form taking into account the norms of Art. 245 – 250 of the CCU ст. 245 – 250 ГКУ.

The Ministry of Finance of Ukraine amended the Procedure for financial and budgetary reporting by the administrators and recipients of budgetary funds by the Order “On Amendments to the Order of the Ministry of Finance of Ukraine on January 24, 2012 № 44” of 12.17.2014, № 1207. In particular, the issue regarding the reporting by the administrators and recipients from the ATO area and the occupied territory is settled.

Thus, in case of failure to provide the financial and budgetary reporting at the balance sheet date by those administrators and recipients of budgetary funds who are in the Crimea and the ATO area, the reporting data of such administrators and recipients of budgetary funds, which have been filed by them in the previous reporting period, are included the consolidated financial and budgetary reporting.

The chief administrators of budgetary funds in the consolidated annual financial and budgetary reporting separately submit the consolidated financial and budgetary reporting of the administrators and recipients of budgetary funds, who are in the temporarily occupied territory.

Also, the form № 4-5d “The report on receipt and use of other revenues of the special fund (Financial Treasury Bills)” and any information about the financial treasury bills as well as “The certificate of financial treasury bills” (annex 36) are excluded from the text of the Procedure.

In addition, the following forms of the documents are set in the new version:

  • annex 1 BALANCE (form № 1);
  • annex 19 “The certificate of the tangible assets that are transferred in safe custody”;
  • annex 28 “The certificate of causes of occurrence of the  overdue debtor indebtedness of the General Fund and measures taken for its recovery”;
  • annex 29 “The certificate of causes of occurrence of the  overdue accounts payable of the General Fund”;
  • annex 33 “The certificate of debtor indebtedness on the expenditure side”;
  • annex 36 “The comparison of the indicators forms of financial and budgetary reporting”.
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