The State Fiscal Service of Ukraine in its Individual Tax Advice “On the Procedure for the Application of Penalties” of 13.08.2018, No. 3523/6/99-99-15-03-02-15/ ІПК reminded that the fine to be imposed for violation of the deadline for registration of the tax invoice and/or the adjustment calculation in the Unified Register of Tax Invoices (URTI). At the same time, if the tax invoice is not prepared totally and is not registered, the amount of fine will be 50% of the VAT amount of such a tax invoice.
However, this rule does not apply to the tax invoice which are not provided to the recipient (buyer) and are prepared for the supply of goods/services for transactions exempted or taxed at a zero rate.
Both conditions (are not given to the buyer and prepared for exempted transactions and transactions at a rate of 0%) must be executed simultaneously.
The State Fiscal Service of Ukraine in its Individual Tax Advice “On Adjustment of VAT Obligations” of 06.08.2018, No. 3446/6/99-99-12-02-01-15/ІПК considered the situation when the taxpayer in connection with the cancellation of his/her registration as a VAT payer, increased tax liabilities to the amount of conditional sale of the balance of unrealized assets. Subsequently, the Supreme Administrative Court of Ukraine adopted a Resolution in the case and canceled the cancellation of registration of the VAT taxpayer, invalidated and canceled the Act on the cancellation of registration of the taxpayer.
In this regard, the taxpayer raised a question about the mechanism of VAT refund by increasing the tax credit, which was reduced due to the implementation of conditional sale, or by adjusting tax liabilities based on the calculation of the adjustment to the tax invoice, prepared in connection with the implementation of conditional sale.
The consultation clarifies that the taxpayer has already taken advantage of his/her right to tax credit, that is why it will not be possible to re-create a tax credit for one transaction, since this is not provided for by the rules of the TCU.
Also, it will not be possible to reduce tax liabilities accrued when the taxpayer independently determines the conditional sale of goods (assets), as the current tax legislation does not provide for the possibility of registering a tax invoice prepared by the taxpayer for the conditional sale of assets in the URTI, the adjustment calculation to it also cannot be registered in URTI.
The State Fiscal Service of Ukraine in its Individual Tax Advice “On Cash Funds Recognition in a Separate Subdivision and Completing of the Book of Record for Settlement Transactions” of 10.08.2018, No. 3512/6/99-99-14-05-01-15/ІПК reported: if the business entity used the version of the cash register that had the function and allowed to print a copy of the fiscal reporting receipt, then, in case of loss of the original of such a check, the business entity had the ability to print a copy of the reporting fiscal check and glue under the relevant section of the Book of Record for Settlement Transactions.
The current legislation does not contain prohibitions on using a copy of the fiscal reporting check.
If before the withdrawal of the fiscal reporting check on the cash register used by the company, there will be no “service issuance” transaction, then the cash remaining in the cash register box will be considered as not profitable (par.6 of sec. III of the Procedure No. 547).
Consequently, in order to avoid such a situation, it is necessary to perform “service issuance” transaction before the zeroing of the cash register, and the transaction “service record” after the “Z-report”.
The State Fiscal Service of Ukraine in its Individual Tax Advice “On the Application of Specific Requirements to the Regulation on the Management of Cash Transactions in the National Currency in Ukraine, approved by the Resolution of the Board of the NBU dated December 29, 2017, No. 148” of 08.08.2018, No. 3459/ІПК/10-36-14-06-16 reported: in order to send cash to a bank, the issuing authority in the requisition “Issue” should indicate the surname, name, patronymic of the cashier or other employee of the company responsible for the cash withdrawal to the bank. They act in the same way if they issue funds for the expense.
When cash is generated from the box office of the cash register, it should be indicated the person from whom the cash was accepted in the Income cash order in the requisition “Accepted from”.
It is necessary to indicate the basis for the recognition of funds (source of origin, such as recognition of proceeds, provision of services under the contract, return of funds after a business trip, order of the head, receipt of cash from the bank, etc.) in the requesting “Grounds”.
The Ministry of Justice of Ukraine by its Order “On Approval of Changes to the Instruction on the Organization of Enforcement of Decisions” of 02.08.2018, No. 2522/5, which amended the Guidelines on the Organization of Enforcement of Decisions. From now on, the companies will report on alimony recovery on a monthly basis.
Alimony will be recovered by enforcement orders for the past, within the ten-year period preceding the submission of the enforcement order to the execution (now - within a three-year period).
Also, the Ministry of Justice determined the procedure for imposing a fine on the debtor by the state executor.
The Procedure comes into force from the day of its official publication, but not earlier than the day when the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning the Creation of Economic Preconditions for Strengthening the Protection of the Children’s Rights to Proper Keeping” of 03.07.2018, No. 2475-VIII.
The National Securities and Stock Market Commission by its decision “On Approval of the Procedure for Registration of the Issue of Shares when Increase (Decrease) of the Share Capital of a Joint-Stock Company” of 21.06.2018, No. 426 approved the Procedure for registration of issue of shares when increase (decrease) in the size of the authorized capital of a joint-stock company.
In particular, with the additional issue of shares in case of increase of the authorized capital of the company with the attraction of additional contributions, it should be made the registration of issue of shares, registration of issue and approval of the prospectus, registration of the report on the results of the issue of shares. Registration of the issue and approval of the prospectus is carried out simultaneously.
When increasing the authorized capital of the company by means of directing the additional capital into the authorized capital in the part of the emission income (part thereof) and/or referring to the authorized capital of the profit (part thereof), registration of the issue of shares is carried out. The report on the results of the issue of shares will not be submitted to the registration authority for registration.
When reducing the authorized capital of a company by reducing the nominal value of shares or by canceling previously purchased or otherwise acquired shares by the company and reducing their total number, the registration of share issue is registered. The report on the results of the issue of shares should not be submitted to the registration authority for registration.
Registration of the issue of shares, registration of issue and approval of the prospectus, registration of the report on the results of the issue cannot be considered as a guarantee of their value.
The registration authority has the right to verify the information contained in the documents submitted. Before the expiration of the registration deadline, the registration authority may request the submission of additional documents confirming the data contained in the documents provided by the issuer for registration of the issue of shares, registration of issuance and approval of the prospectus, the report on the results of the issue of shares.
The silence procedure does not apply to the process of registration of issue of shares, registration of issuance and approval of the prospectus by the registration authority.
The Ministry of Social Policy of Ukraine in its letter “On the Preservation of the Average Wage of the Employee when the Transfer to Another Permanent Lower Paid Work at His/her Initiative” of 11.07.2018, No. 275/0/22-18, considered a request for the average wage of an employee to be saved upon transfer to another constant lower paid work at his/her initiative.
The Ministry pointed out that when transferring an employee to another permanent lower paid work, the employee retains his/her previous average earnings within two weeks from the date of transfer (Part 1 of Art.114 of the Labor Code).
In addition, para.18 of the resolution of the Plenum of the Supreme Court of Ukraine dated December 24, 1999, No. 13 stipulates that the provisions of Article 114 of the Labor Code on the retraining of average earnings for an employee transferred to the lower paid work, within two weeks from the date of transfer is to be applied unless otherwise provided legislation, and even when the transfer was initiated by the worker him/herself.
