Resolution of the National Bank of Ukraine No. 85 of August 12, 2021 “On Approval of Amendments to Certain Regulations of the National Bank of Ukraine on Cash Circulation” (hereinafter – Resolution No. 85) modernized the procedure and requirements for cash transactions in banks and collection companies, taking into account the rapid development of digital technologies in the field of cash circulation and the active introduction of electronic document management in the financial sector.
First of all, the regulator has provided for the possibility of introducing by banks and companies that have received a license to provide banks with collection services:
- circulation of electronic documents using a qualified/improved electronic signature and a qualified/improved electronic seal;
- application of coding in accompanying documents and in product labeling, as well as integration of modern digital communications into cash accounting processes, which increases the efficiency and security of operations for the collection of funds and transportation of currency values,
- identification of various means of identification and verification of the collector, in particular with the use of digital technologies;
- clarification of the form and requirements for issuing an accompanying cash order for a bag with currency values.
In addition, the National Bank has:
- granted the bank (branches, outlets) the right to provide cash services to customers using its digital handwritten signature;
- expanded the list of bank services to be provided on the basis of internal documents, in particular on the organization and operation of remote service centers, including work with payment devices;
- defined the requirements for collection campaigns, which under contractual terms with the client can exchange banknotes for circulation, coins for banknotes, banknotes (coins) of one denomination for banknotes (coins) of other denominations;
- strengthened the requirements for banks on the obligation to resolve disputes related to cash transactions in accordance with the legislation of Ukraine at the request of the client, including the exchange of banknotes and coins withdrawn by the National Bank from circulation, transactions, made through payment devices.
This document amends:
- Instructions on the organization of collection of funds and transportation of currency values of banks of Ukraine, approved by Resolution of the Board of the National Bank of Ukraine No.29 of March 31, 2017 (as amended);
- Instructions on conducting cash operations by banks in Ukraine, approved by Resolution of the Board of the National Bank of Ukraine No. 103 of September 25, 2018.
The Resolution came into force on August 18, 2021. At the same time, banks and companies that have received a license to provide collection services to banks will have sufficient time (six months) to bring their internal documents in line with its requirements.
The State Tax Service of Ukraine in individual tax consultation No. 2541/ІПК/99-00-07-05-01-06 of June 29, 2021 emphasized that payment transactions recorders (hereinafter – PTR) and/or software PTR and settlement books are not used when paying for services that are provided exclusively with the help of remote banking systems and/or money transfer services. The norm is enshrined in item 14 of Art. 9 of the Law on PTR.
However, taxpayers are interested in the case when payment for training services is made through the Liqpay system, or made in cash and through Liqpay.
In this regard, the tax authorities note that the obligation to use PTR/software PTR when receiving payment for services does not depend on the form of payment, but arises in accordance with the method of payment.
Therefore, PTR/software PTR may not be used when paying for goods only in non-cash form:
- by transferring funds from a current account to a current account through a bank institution;
- by depositing funds through the bank's cash desk (including online banking) using account details;
- during settlements at the bank's cash desk through the payment terminal and/or self-service machine owned by the bank.
If the payment is made in another way, in particular, the client paid using an electronic means of payment or cash, the entity has an obligation to use PTR/software PTR, indicating in the settlement document the method of payment.
Therefore, as a result, if you receive payment for a training service with Liqpay or partly Liqpay, and partly in cash, then you lose the right to use the benefit provided for in item 14 of Art. 9 of the Law of PTR, so it is necessary to conduct settlement operations using PTR/software PTR.
The Ministry of Economy of Ukraine in letter No. 4711-06/34454-07 of July 1, 2021 stated that according to current legislation, the decision to adjust the average salary may be made directly at the enterprise by making such a rule in the content of the collective agreement or approval of a separate local act .
Thus, in accordance with Art. 15 of the Law on Remuneration, forms and systems of remuneration, labor standards, rates, tariff grids, salaries, conditions of introduction and amounts of allowances, surcharges, bonuses, rewards and other incentive, compensation and guarantee payments of the company are set independently in the collective agreement. If a collective agreement is not concluded at the enterprise, the employer is obliged to coordinate these issues with the elected body of the primary trade union organization (trade union representative) representing the interests of the majority of employees, and in its absence – with another authorized body.
According to Art. 7 of the Law on Collective Agreements the content of the collective agreement is determined by the parties within their competence, in particular regarding rationing and remuneration, establishing the form, system, wages (salaries, tariff rates) and other types of wages (surcharges, allowances, bonuses, etc.), establishment of guarantees, compensations, privileges, etc.
The collective agreement may provide additional guarantees in comparison with the current legislation and agreements, social and household benefits.
Also, Art. 91 of the Labor Code provides that enterprises, institutions, organizations within their powers and at their own expense may establish additional compared to the law labor and social benefits for employees.
The Ministry of Finance of Ukraine by Order No. 317 of June 4, 2021, which entered into force on August 17, 2021, approved changes to the form of the Tax return on corporate income tax.
In particular:
- in the Return on the reflection of information in the case of activities of a non-resident in the territory of Ukraine through a permanent representative office, taking into account the adopted by laws No. 466, 786, 1117 amendments to subitem 133.2.2, item 133.3 and subitem 141.4.7 of the Tax Code;
- in the Annex to the TI on the possibility of displaying information about a non-resident who is a beneficial (actual) recipient (owner) of income with a source of origin from Ukraine in the case of application in accordance with Art. 103 of the Tax Code provisions of the international agreement of Ukraine with the country, the resident of which is the relevant beneficial (actual) recipient (owner) of such income;
- in Annex DI:
- the difference by which the pre-tax financial result is increased is excluded, - the amount of expenses incurred by the taxpayer in carrying out transactions with non-residents, if such transactions have no business purpose (the version of subitem 140.5.15 of the Tax Code was effective until January 1, 2021).
- supplemented by a new difference in the increase of the pre-tax financial result for the tax (reporting) period by the amount of expenses related to the implementation of the terms of the budget grant agreement incurred in the current reporting period due to such grants (but not more than such grants) and included to the costs of the current reporting period in accordance with national provisions (standards) of accounting or international financial reporting standards (subitem 140.5.16 of the Tax Code);
- supplemented with new differences in reducing the pre-tax financial result of the tax (reporting) period:
- in the amount of budget grants received by the taxpayer and included in the income of the reporting period in accordance with national regulations (standards) of accounting or international financial reporting standards (subitem 140.4.8 of the Tax Code);
- in the amount of received one-time compensation to business entities in accordance with the Law of Ukraine “On social support of insured persons and business entities for the period of restrictive anti-epidemic measures introduced to prevent the spread of acute respiratory disease COVID-19 caused by SAR -CoV-2” and included in the income of the reporting period in accordance with national provisions (standards) of accounting or international financial reporting standards (item 54 of section 4 of chapter XX of the Tax Code);
- the amount of written off fines and penalties in accordance with item 23 and written off tax debt in accordance with item 24 of section 10 of chapter XX of the Tax Code and included in the income of the reporting period in accordance with national provisions (standards) or international financial reporting standards (paragraph 54 of subsection 4 of section XX of the Tax Code);
- ·in the Annex AM regarding the display in accordance with subitem 138.3.2 of the Tax Code, for the purposes of calculating the difference by which the pre-tax financial result is increased in accordance with item 140.2 of the Tax Code, information on capitalized interest to be included in the cost of a non-current asset in accordance with national accounting standards or international financial reporting standards.
In accordance with item 46.6 of the Tax Code, the new forms of return come into force for reporting for the tax period following the tax period in which they were published. As Order No. 317 was published in the third quarter of 2021, for the first time a new return form will be submitted for the fourth quarter of 2021.
The Ministry of Finance of Ukraine by Order No. 332 of June 9, 2021 approved the form of the Tax return on corporate income tax under the production sharing agreement. It consists of the main part and six annexes, and it must be submitted quarterly.
It consists of a main part and six annexes:
- Annex IT to line 02;
- Annex WT to line 07 WT;
- Annex KV to line 03 KV;
- Annex AM to line 02.2.2 AM;
- Annex TP;
- Annex EC to lines 08 - 10.
This order will enter into force on the day of its official publication. As of August 16, 2021, it has not been published.
According to item 46.6 of the Tax Code, the new forms of tax reporting must be used for reporting for the period following the period of their official publication.
That is, if the order is published in August 2021, then report for the IV quarter of 2021 will be submitted for the first time under the new form of corporate income tax return under the production sharing agreement.
The National Bank of Ukraine by the Resolution “On Approval of Amendments to the Regulations on Protection Measures and Determination of the Procedure for Carrying Out Certain Transactions in Foreign Currency” No. 86 of August 12, 2020 expanded the list of transactions on current accounts of individuals (residents and nonresidents).
Thus, from September 1, 2021, these individuals will be able to credit funds from current accounts with a special mode of use for one-time (special) voluntary declaration to current accounts in foreign and national currency.
These changes were made in order to bring the regulatory framework of the National Bank in accordance with Law of Ukraine No. 1539-IX of July 15, 2021 “On Amendments to the Tax Code of Ukraine to stimulate de-shadowing of income and increase tax culture of citizens by introducing voluntary declaration of due assets and payment of a one-time fee to the budget” (hereinafter – Law No. 1539-IX).
In addition, given the request of Ukrainian banks, the National Bank has improved a number of other rules regarding certain foreign exchange transactions.
The amendments take effect on September 1.
The Cabinet of Ministers of Ukraine by Resolution No. 850 of August 4, 2021 “On Amendments to the Procedure for Accrual and Payment of a Single Contribution for Compulsory State Social Insurance for Certain Categories of Insured Individuals” (hereinafter – Resolution No. 850), which entered into force on August 17, 2021 year, amended the Procedure for accrual and payment of a single contribution to the obligatory state social insurance for some categories of insured persons, in particular:
· the list of persons for whom the state pays insurance premiums, able-bodied parents, adoptive parents, guardians, custodians, foster parents, carers who actually care for a child with a disability, a child with severe perinatal nervous system damage, severe congenital malformation development, rare orphan disease, oncological, oncohematological disease, cerebral palsy, severe mental disorder, type I diabetes mellitus (insulin-dependent), acute or chronic kidney disease of IV degree, for a child who has suffered a serious injury, needs an organ transplant, needs palliative care, which is not established disability, also include able-bodied persons who are in employment and who were granted leave without pay on the terms provided for in paragraph 3 of Part 1 of Art. 25 of the Law “On Leave”, if such persons receive assistance, allowance or compensation in accordance with the law;
- it is specified that the calculation of the single contribution is also carried out by the payers of the single contribution – structural units for social protection of the population of the district, district in city of Kyiv and Sevastopol state administrations, executive bodies of village, settlement, city, district councils in cities (in case of formation) – for the persons specified in subitems 2-4 item 1 of the Order, namely for:
- persons who take care of a child before reaching the age of three and in accordance with the law receive child care assistance until the child reaches the age of three and/or assistance at the birth of a child, at the adoption of a child;
- one of the unemployed able-bodied parents, adoptive parents, guardians, trustees, foster parents, carers who actually care for a child with a disability, a child suffering from a severe rare disease, etc .;
- foster carers, foster parents of family-type orphanages, foster parents, if they receive financial support in accordance with the law.
