The Ministry of Finance of Ukraine in its letter “On performance of duties of subject of primary financial monitoring by auditors and audit firms” of 28.05.15, № 31-11010-08-10/17417 explained that auditors and audit companies acted as subjects of primary financial monitoring if they were involved in certain financial transactions for their client. In particular, if the financial transactions related to:
- real estate purchase;
- management of client’s assets;
- bank account managing or securities account;
- fundraising for the formation of legal entities or providing them with activities (including audit) and their management;
- purchase and sale of legal entities (corporate rights).
Then auditors (audit companies) are obliged to be registered in the State Service for financial monitoring of Ukraine as subjects of primary financial monitoring. In addition it should be done not later than the date when establishment of business relations with the client (conducting of financial transaction) in mentioned cases.
In case of violations the Ministry of Finance of Ukraine should make a decision on the application of sanctions to the subject of primary financial monitoring (concerning statutory auditors and audit firms).
The State Fiscal Service of Ukraine informed: business expenditures on warranty repair (service provision) or guarantee replacement of sold goods, the cost of which was not compensated at the expense of their customers, should be determined according to general rules Accounting Standards 16 “Expenditures”.
Thus the Tax Code of Ukraine does not provide restrictions on recognition of expenditure on warranty repair and products replacement. That is when calculation of tax unit for income tax there is no need to make adjustments of financial result before taxation, determined in accordance with Accounting Standards under such transactions (see Letter of the SFS of Ukraine “On accounting of warranty repairs and replacement” of 24.04.15, № 8703/6/99-99-19-02-02-15).
The State Fiscal Service of Ukraine in its letter of 28.05.15, № 18900/7/99-99-24-03-01-17 explained when and how importers of controlled goods should indicate information on the certificate of conformity of controlled commodities in the customs declaration (hereinafter - CD). The entering procedure of this information in the CD depends on the purpose of import of such goods. The appearance of this letter due to entry into force from 06.06.15 of part of the amendments made to the Procedure for customs clearance of goods imported into the customs territory of Ukraine and subjects to mandatory certification in Ukraine, approved by the Cabinet of Ministers of 14.05.08, № 446 (hereinafter - Procedure № 446).
In particular, a new list of goods is in effect now. These goods are the subject to mandatory certification, the customs clearance of which is regulated by the Procedure № 446. These are controlled goods placed in customs regime of import, if they are:
- imported by legal entities and intended for sale in the territory of Ukraine;
- imported by citizens in the territory of Ukraine and should be certified with CD submission provided for enterprises;
- classified as means of transport, components, assemblies and their parts.
Controlled goods are those, which are subject to mandatory certification in Ukraine, name (description) and classification code under UCCFEA (Ukrainian Commodity Classification for Foreign Economic Activity) coincide with the name of products and UCCFEA code specified in the list approved by the Ministry of Economic Development. If only the name or the code coincides, the commodity is not the subject to mandatory certification.
Import merchant defines the purpose of import of goods to Ukraine through the application of it in CD (or another document that is used instead of CD for goods declaration in the customs regime of import).
1. Importers - legal entities that declare controlled goods using CD, depending on the purpose of import should fill in its relevant columns as follows:
- if products intended for sale, the information on the certificate of compliance (certificate of recognition of conformity) should be written in to the column 44 under the code “5111” (or “5114”);
- if the goods are not intended for sale, the information on the certificate of compliance (certificate of recognition of conformity) should not be indicated in the column 44. In this column under the code “5506” should be written the number and date of the message of declarant that the imported goods are not intended for sale in Ukraine and dated symbol “d” before the document code “5506” (to amendments in the Classifier of documents approved by Ministry of Finance of Ukraine of 20.09.12, № 1011).
2. The information on the certificate of compliance (certificate of recognition of conformity) regardless of the purpose of their importation should be indicated in column 44 under the code “5111” (or “5114”) when import of controlled goods by citizens, goods that are subject to declaration with submission of CD provided for enterprises.
The State Fiscal Service of Ukraine explained that in 2015 the errors made in VAT returns of processing company (with mark 0140) before 01.01.15 (inclusive of limitation period), such companies should correct using adjusting calculations (hereinafter - AC), which form approved by the MFU of 23.09.14, № 966, in force as of 31.01.15 (see SFSU letter “On value Added Tax dated 12.06.15, № 20955/7/99-99-19-03-02-17).
It is about errors related to adjustments of tax liabilities and credit, in particular, about the inclusion of tax invoices issued in 2014 in credit.
Taxmen reminded: the VAT special treatment for processing (beef and dairy) factories, as defined by para. 1 of subsection 2 of sec. XX of the Tax Code of Ukraine was suspended since 01.01.15. Therefore in 2015 processing companies should record all transactions in general VAT- declaration (with mark 0110) and pay the VAT to the budget by the general rules. Accordingly declaration in the form 0140 and AC to it became invalid.
Processing companies when correcting mistakes of previous years should fill in AC with the following details:
- the mark in line 0140 should be made in the heading of AC. The AC is submitted as a separate document;
- if the VAT amount, which was the subject to transfer on special account of the processing company to 01.01.15, is increased when the error correction, it should be recorded in line 25.1 of AC and the penalty is charged in the amount equal to 3% in line 26. The tax and the penalty are to be paid to the budget and reflected in the integrated map of a taxpayer as separate charges on the date of AC submission;
- if this VAT amount is decreased (or increased / negative value decreased) when the error correction, such amount is taken in account in line 29 of sec. IV of the declaration for the reporting period when the AC is given. Also, it is fixed in column 11 of Table 1 of Annex Д2 to this declaration.
The State Fiscal Service of Ukraine in its letter “On statement presentation and payment of advance installments in case of non-receipt of income or loss for the results of I quarter 2015” of 02.06.15, № 19441/7/99-99-19-02-02-17 reported that the income tax payer, who paid advances monthly on the results of 2014 and the I quarter 2015 did not receive profit or made loss, was not entitled to submit a declaration of income tax for the I quarter 2015. The payer should continue to pay accrued in declaration for 2014 monthly advances in March 2015 - May 2016. This conclusion related to the fact that amended para. 57.1 of the TCU since 01.01.15 did not contain such an exception.
The Ministry of Social Policy of Ukraine in its letter “On average salary compensation to companies, which is paid to employees called up for military service during the mobilization during special period” of 07.05.15, № 525/13/84-15 indicated that to obtain the expenses compensation of the average wage to mobilized employees from the budget, company, institution or organization should accrue and pay average wage in the terms defined by Art. 115 of the Labor Code of Ukraine (i.e., make “actual expenses”), and provide information on their expenses to the social protection department before the 15th of every month. The Ministry of Social Policy of Ukraine also notes that the actual expenses are the real expenditures of the company, institution or organization executed by the relevant documents.
