The Cabinet of Ministers of Ukraine by its Resolution “On approval of forms of typical decisions concerning the setting of rates and benefits for the payment of land taxes and real estate property tax other than land” of 24.05.17, No.483 unified the forms of decisions by which the local authorities would set rates and benefits for the payment of land tax and real property tax other than land.
The resolution, which approved the standard forms of such decisions, comes into force on July 25, 2017. Thus, from that date, local authorities should approve their decisions on rates and benefits from these two local taxes purely on typical forms, in order not to put their voters and fillers of local budget.
The Cabinet of Ministers of Ukraine by its Resolution “On approval of the list of organizational and legal forms of non-residents who do not pay the income tax (corporate tax), including tax from incomes received outside the state of registration of such non-residents, and/or are not tax residents of the state, where they are registered as legal entities” of 04.07.17, No. 480 approved the list of organizational and legal forms of non-residents, transactions with which can be considered as controlled.
Consequently, from now companies need to pay special attention not only to the territory in which the non-resident counterparty is registered, but also to its organizational form.
It should be recalled that if a non-resident, whose organizational and legal form is included in List No. 480, paid the income tax (corporate tax) in the reported year, transactions with him/her should not be controlled. Of course, if you do not meet the other criteria from the paragraph “а”—“в” of para. 39.2.1.1 of TCU.
The Cabinet of Ministers of Ukraine by its resolution “On amendments to the lists of industries, works, professions, positions and indicators, employment in which gives the right to retirement on the basis of preferential terms, approved by the Resolution of the Cabinet of Ministers of Ukraine dated June 24, 2016, No. 461” of 04.07.17, No.479 amended the list of jobs, professions and positions giving the right to retirement on the basis of preferential terms (List No. 1 and List No. 2). In particular, for certain industries in the Lists No. 1 and No. 2 there were added workers engaged in repair of equipment in the current production conditions (for mining, ferrous metallurgy, production of coke products, production of non-ferrous metals, chemical production, etc.). List No.2 included, in particular, workers of warehouses and bases of storage and supply of pesticides and chemical products directly employed in the field of communication, engaged in work on the connection of leaded cables and cables with polyethylene and polychlorinated jackets.
However, there were removed X-ray laboratory assistants engaged in the offices of interventional radiology from the list No.1.
The Cabinet of Ministers of Ukraine by its Resolution “On Amendments to the Resolution of the Cabinet of Ministers of Ukraine dated December 12, 2011 No. 1271” of 12.07.17, No.493 approved a new edition of the list of paid services that can be provided by state and communal institutions of culture. The updated document allows providing services for placing promotional products and advertising constructions during performances, theatrical, musical, choreographic productions, circus performances, concerts, festivals, contests, benefits, pop shows, exhibitions, educational and other cultural and artistic events (projects), video and film demonstration, information, entertainment and other events, performances by professional performance ensembles, artistic groups and individual artists (performers).
Also, the new list provides for the following paid services:
- display of advertising materials of legal entities and individuals in the premises or on the sites of cultural institutions;
- printing of information from electronic media, laminating of documents;
- extension of the term of use of documents, reservation of documents, night subscription;
- lease of vehicles, equipment, property, tools belonging to cultural institutions;
- services related to the creation of conditions for organized tourism, short-term rest (tenting and campfires in specially equipped and designated places for it, horse and pony rides, bicycles, electric cars, boats, etc.).
The State Fiscal Service of Ukraine in the Individual Tax Advice “On the possibility of removing a false tax invoice from the Unified Register of Tax Invoices” of 11.07.17 No.1117/6/99-99-15-03-02-15/ІПК provided clarification if it was possible to remove a false tax invoice from the Unified Register of Tax Invoices. Controllers deny this opportunity. At the same time, they believe that the volumes of supply reflected in such a tax invoice can be deducted by the adjustment calculation. Such adjustment calculation should be registered by the person - the VAT payer, on whom the tax invoice was falsely drawn up.
The Ministry of Finance of Ukraine by its order “On approval of the Procedure for the appointment and dismissal of the tax administrator with determination of his/her functions and powers” of 25.05.17, No. 529 approved the procedure for the appointment and dismissal of the tax administrator with the determination of his/her functions and powers.
Thus, the tax administrator has a number of functions related to tax pledges, administrative seizure of property, sale of property, which is in a tax pledge, and collection of funds. In particular:
- making a description of the property in the cases provided by the TCU and drawing up an act describing such property;
- inspection of the state of conservation of property held in a tax pledge;
- consideration of the taxpayer’s application and the preparation of documents for assignment (postponement) of payment of monetary obligations (tax debt);
- organization of the description of the taxpayer’s property during the administrative arrest procedure and drafting of the relevant protocol;
- preparation and communication to the court of a notice regarding the release of the taxpayer’s property from administrative arrest;
- collection of funds from bank accounts of taxpayers with a tax debt and from accounts in the system of electronic administration of VAT opened in Treasury bodies in accordance with a court decision;
- organization of sale of the taxpayer’s property, which is in a tax pledge, etc.
The tax administrator is designated to a taxpayer who has a tax debt, by order of the head (his/her deputy or authorized person) of the controlling body at the place of registration of the taxpayer. In the same way, they are discharged from authority.
The Ministry of Finance of Ukraine by its Order “On approval of the certificate form on the submitted declaration of property status and income (on payment or absence of tax liabilities) and the Procedure for its registration and issuance” of 13.06.17, No.568 approved the procedure for registration and issuing the certificate on the submitted declaration of property status and income (on payment or absence of tax liabilities).
Such a certificate will be issued free of charge on the basis of:
- statements by the taxpayer about the issuance of the certificate;
- tax declarations on property and income.
The application, as well as the tax declaration on the property status and income, the taxpayer (his/her authorized representative) will have to submit to the controlling authority at the place of tax accounting.
As before, the State Fiscal Service issues a certificate at the place of tax accounting:
- to taxpayers who applied in accordance with para. 179.12 of the Tax Code - within 10 calendar days from the date of receipt of the application;
- for taxpayers - residents who travel abroad for a permanent place of residence and applied in accordance with para. 179.3 of the Tax Code - within 30 calendar days after receipt of the tax declaration and payment of the due amount of tax.
The certificate can be issued in hard and/or soft copy.
The Ministry of Finance of Ukraine by its Order “On Approval of the Procedure for conducting targeted auctions for the sale of property of a taxpayer in tax pledge” of 22.05.17, No. 518 approved a new Procedure for conducting targeted auctions for the sale of property of a taxpayer, which is in a tax pledge. According to its rules, the property that is in the tax pledge and the decision of the controlling authorities on the repayment of the entire amount of the tax debt has to be sold. An exception is a property that can be grouped and standardized, or that is perishable or which volume is not sufficient for the organization of public tenders, securities, as well as property for which the restriction is established by the law, and integral property complexes of companies whose property is in state or communal ownership.
Measures related to the sale of property at the target auction will be carried out at the place of registration of the payer after the decision making of the supervisor (his/her deputy or authorized person) of the controlling authority to repay the entire amount of the tax debt.
The authorized commodity exchanges will be organizers of target auctions. They must conduct an auction on the terms of the best price offer.
The National Bank of Ukraine by its Resolution “On approval of Amendments to the guidelines for cash transactions by banks in Ukraine” of 11.07.17, No. 62 made amendments to the guidelines on cash transactions by banks in Ukraine, approved by the Resolution of the NBU Board dated June 1, 2011 No. 174 (hereinafter – Guideline No. 174).
The updated Guideline No. 174 stipulates that a cash document is a paper or electronic document that is issued for a cash transaction. At the same time, a cash document may be:
- in hard copy for the bank and client;
- in soft copy for the bank and in hard for the client;
- in soft copy for the bank and client.
At present, the bank (sub-office, branch) will be able to carry out cash servicing of clients using the electronic signature (hereinafter - ES), including electronic digital signature (hereinafter - EDS).
The client-individual has the right to use an EDS which, by its status, is equivalent to a personal signature, an EDS applied by the parties on a contractual basis, any other ES.
Other clients have the right to use EDS equivalent to their own signature, and EDS, which is used by the parties on a contractual basis.
Also, the banking services market regulator has clearly established that cash documents must contain the following requisites:
- name of the bank that carries out a cash transaction;
- date of transaction;
- indication of the payer and the payee;
- amount of the cash transaction;
- purpose of payment;
- personal signatures or ES of payer /payee and personal signature or EDS of bank employees (sub-office, branch) authorized to carry out a cash transaction.
The National Bank of Ukraine in its letter “On the procedure for banks calculations that discontinues banking activities with its depositors and other creditors” of 12.07.17, No.27-0006/48464 clarified how the bank, which decided to terminate its banking activities, should meet obligations to depositors and other creditors.
Consequently, the bank has the right to advance to meet its obligations related to the implementation of banking activities, including the right to termination of contracts unilaterally. By the way, this is stated in para.4 of Art.2 of the Law of Ukraine “On simplification of bank reorganization and capitalization procedures” of 23.03.17, No. 1985-VIII.
If the depositor or other creditor is absent, the bank must transfer the amount of the deposit and accrued interest on it, funds, securities, which belong to the depositor or another creditor, to the notary’s deposit, notary’s office in accordance with the legislation of Ukraine. The bank should transfer such funds or securities in a period of up to 30 calendar days from the day the depositor or another creditor notifies about early termination of the obligation.
The National Bank of Ukraine by its letter “On the peculiarities of transactions conducting on the basis of individual licenses in electronic form issued by the NBU to individuals” of 13.07.17, № 40-0005/48633 clarified that an electronic license could be the basis for the purchase of foreign currency. Since such a license has a limited period of validity, in the line “Basis for the purchase of foreign currency” of the relevant application is allowed to indicate the value:
- “individual license of the National Bank of Ukraine in electronic form”;
- “e-license of the National Bank of Ukraine”;
- or other similar meaning.
Consequently, it is allowed to file an application for the purchase of a foreign currency to an authorized bank without specifying in it the specific number of the e-license and the date of its issuance.
It should be reminded that an e-license is issued to a resident individual, which is not a business entity, for the purpose of carrying out a currency transaction for the transfer of funds from Ukraine in order to fulfil his/her obligations to a non-resident under an insurance contract of life, placement of funds on his/her own account outside Ukraine or making an investment abroad.
At the same time, an individual is allowed to conduct currency transactions for a total amount, which must not exceed in aggregate USD 50 000 inclusive (equivalent of this amount in another foreign currency at the official exchange rate of hryvnia to the foreign currency, established by the NBU at the date of publication, on the date of issuance of corresponding e-license) on the basis of e-licenses issued to him/her. The procedure for issuing e-licenses is regulated by the NBU Board resolution of 15.06.17, No. 54.
The National Commission on Securities and Stock Market (hereinafter - NCSSM) in its decision “On Amendments to the Decision of the National Commission on Securities and Stock Market dated November 11, 2014, No. 1511 “On prevention of violation of investors’ rights and avoidance of the risks of professional participants” of 08.06.17, No. 423 clarified how the issuers or holders of securities should terminate an agreement with depositary institutions located in the ATO zone.
Consequently, if the depository institution has not changed its place of residence, the issuer of the securities has the right to terminate the contract with the latter and conclude an agreement with the new depositary institution.
In particular, the issuer, upon conclusion of the agreement on opening (servicing) accounts in the securities with a new depositary institution, must inform the owners of the securities in writing thereof. And also inform them about the details of the new depositary institution (full name, code for EDRPOU, location, and contact person telephone).
