The Cabinet of Ministers of Ukraine by its Resolution “On Amendments to the Resolution of the Cabinet of Ministers of Ukraine dated December 25, 2015 No. 1131” of 14.06.17 No. 424 regulated the procedure for payment of remuneration to employees of the departments of state registration of civil status acts. This resolution determines the source of the payment and the amount of remuneration.
In particular, it is provided that the payment of remuneration will be carried out within the limits and due to the corresponding revenues to the special fund of the state budget. The amount of monthly and one-time remuneration can not exceed 100% of the official salary of the employee.
The State Fiscal Service of Ukraine in the individual tax consultation “On conducting of documentary on-site audit not at the place of location of the taxpayer, as well as on the validity of the results of such verification” of 08.06.17 No. 551/6/99-99-14-03-03-15/ІПК explained: tax legislation does not deprive supervisors of the right to take measures to organize and make a decision on conducting a documentary on-site audit of the payer, subject to the availability of circumstances for its conduct and the mandatory compliance with the requirements for its organization.
A similar situation may arise when the director of LLC turns to the fiscal authorities asking to inspect the premises of the State Tax Inspectorate in connection with the inability to provide premises for a documentary on-site audit.
It should be recalled that the documentary on-site audit should be carried out at the payer’s location or location of the object of ownership in respect of which such verification is carried out.
The State Fiscal Service of Ukraine in the individual tax consultation “On taxation of income obtained by a court judgment in 2017 in the form of pension, underpaid by the Pension Fund of Ukraine for the period until 01.01.2017” of 12.06.17 No. 573/Д/99-99-13-02-03-14/ІПК reported that amount of the pension accrued to a person by the court decision after 01.01.17, for the period before 01.01.17, should be taxed by the personal income tax and the war tax on general grounds.
The amount of the pension received from the Pension Fund of Ukraine (hereinafter − PFU) is not included in the income of the taxpayer in accordance with sub-para. “e” of para. 165.1 of the Tax Code of Ukraine (hereinafter − TCU), except in case it exceeds ten subsistence minimum sizes for persons who have lost their working capacity (para. 164.2.19 of TCU). It is UAH 12 470 in 2017.
Article 85 of the Law of Ukraine “On Pension Provision” of November 5, 1991 No. 1788-XII temporarily limits the maximum amount of pension − in 2017 it can not exceed UAH 10 740. Therefore, there is no question of taxation of pensions, but if the pension is paid in previous periods and its amount exceeds the established limit, the PFU as a tax agent will have to accrue and withhold the income tax and the war tax from the amount exceeding UAH 10 740.
The State Fiscal Service of Ukraine in the individual tax consultation “On the performance of transportation and forwarding services” of 13.06.17 No. 604/ІПК/10/26-15-12-01-18 reminded how to fill in tax invoice for transportation and forwarding services.
The tax liability arises at the forwarding agent when receipt of funds from the customer or by the date of execution of documents confirming the fact of the carriage for the customer, depending on which of these events occurred earlier. The forwarding agent should calculate the value added tax (hereinafter − VAT) on this date for the amount of transportation and the amount of transportation and forwarding services provided to such a customer (this rule applies also in the case when the forwarder provides transportation services and when he/she engages the carrier − VAT payer). So, the forwarder should reflect the value of his/her services and the cost of transportation services in the tax invoice in separate lines.
At the same time, in the column “Nomenclature of goods/services of the seller” of the tax invoice, the name of the service is recorded, which corresponds to the wording in the primary documents. And in column 3.3 − the code of the service according to the State Classification of Products and Services for forwarding services and transportation services, respectively.
The State Fiscal Service of Ukraine in the letter “On the entry into force of the order of the Ministry of Finance of Ukraine dated April 24, 2017 No. 451” of 19.06.17 No. 15789/7/99-99-15-03-03-17 clarified that persons determined by the payers of the excise tax for the first time submit an excise tax declaration taking into account the changes made by the order of April 24, 17, No. 451, not later than August 20, 2017 for July 2017.
In connection with the abolition of the excise tax on retail sales of fuel from 01.01.17, business entities that carry out the sale of fuel do not fill in sec. II of Annex 6 to the Declaration “Calculation of the amount of excise tax on sales by retail entities of excisable goods”.
This section II of Annex 6 to the Declaration is filled in only in the case of submission a refinement declaration for relevant transactions, executed before 01.01.17 and declared in the reporting submitted for December 2016 (that is, until 21.01.17) by business entities engaged in retail sales of fuel.
The Ministry of Justice of Ukraine in its letter “On liability of the accountant for the damage caused to the enterprise” of 23.02.17 No. 6508/105-0-2-17/7 provided an explanation for what the accountant is responsible and whether he/she can be punished for damage caused to the company.
In particular, the specialists of the department stressed that the owner (s) or the authorized body (official) who manages the enterprise in accordance with the legislation and constituent documents is responsible for the organization of accounting and ensuring the recording of the facts of all business transactions in primary documents, the storage of processed documents, registers and reporting within the established deadline, but not less than three years.
At the same time, the responsibility for the untimely preparation of primary documents and registers of accounting and the unreliability of the data contained in them are entrusted to the persons who compiled and signed these documents.
Thus, the administrative fine in the amount of UAH 136 to 255 (Article 1642 of Administrative Offences Code) could be imposed for the preparation of the primary documents in violation of the established procedure.
However, only the bodies of the State Audit Office of Ukraine have the right to impose this administrative fine on officials of those enterprises that receive financing from the budget.
In addition, in cases provided for in Art. 130 of the Code of Labor Law, employees are liable for damage caused to an enterprise, institution or organization as a result of violation of their labor duties.
The National Bank of Ukraine by its Resolution “On Amending Certain Legislative Acts of the National Bank of Ukraine” of 15.06.17 No. 54, which takes effect on July 3, 2017, has introduced currency licenses in electronic form. Thus, individuals (except entrepreneurs) will be able to receive electronic individual licenses (e-licenses) for the transfer of foreign currency to carry out individual currency transactions through authorized banks.
The National Bank has set limits on the amount of such transfers − up to USD 50 000 (in equivalent) per year.
E-licenses use will be available for three types of currency transactions:
- for investment abroad;
- on the placement of funds on their own accounts outside Ukraine;
- in order to fulfil obligations to non-residents under life insurance contracts.
The NBU will launch an automated information system “Register of Individual Licenses for the Exercise of Currency Transactions be Individuals” in order to implement such a mechanism.
In order to obtain an e-license, it is enough for an individual to apply to any authorized bank in which he/she has its own account and submit the following documents (in paper or electronic form):
- statement to the NBU on the issuance of an e-license;
- documents proving the availability of revenues in an amount sufficient to carry out the transfer of funds on the basis of an e-license;
- originals or copies of documents confirming the purpose of the transfer from Ukraine (except for the transfer of funds to own account).
The bank should send to the National Bank an application for the issuance of e-license to this person. On the basis of such a request, the National Bank automatically issues an e-license to a private individual, about what the bank informs the client.
The National Bank of Ukraine by its Resolution “On Amending Certain Legislative Acts of the National Bank of Ukraine” of 15.06.17 No. 55 lifted the restrictions for foreign economic activity entities (hereinafter − FEA) on the conduct of currency exchange transactions. Clients of banks that are subjects of foreign economic activity will be able to carry out transactions on exchange (conversion) of foreign currency on condition of “forward” without limitation under the classifier group, the term and type of the hedged transaction. In addition, residents – FEA entities will be able to conduct foreign exchange purchase transactions for hryvnias on condition of “forward” to hedge the risk of a change in the exchange rate of hryvnia against foreign trade transactions without limitation on the classifier group and without limitation of the term of this transaction.
In addition, the National Bank removed restrictions on the conduct of transactions for the exchange of non-cash foreign currency for individuals-non-entrepreneurs. Such persons may carry out exchange transactions with non-cash currency on their account, without limitation, under the Classifier group and the number of such transactions during the day. Until the present it was possible to carry out the specified transactions only once during the day and only with the foreign currency of the 1st group of the Classifier.
The National Securities and Stock Market Commission (hereinafter − NSSMC) by the decision “On Approval of the Amendment to the Regulation on the Depositary Activity” of 11.05.17 No. 286 amended the Regulations on the conduct of depository activities, approved by the decision of the NSSMC of April 23, 2013 No. 735.
Innovations, in particular, stipulate that resident legal entities whose constituent documents are published on the portal of electronic services (through which they access the information of the Unified State Register), instead of a copy of the constituent document, can provide the depositary institution with information about the access code for the results of the provision of administrative services, which provides access to copying the published constituent document.
In addition, a depository institution can create electronic copies of the filing documents, when opening a securities account. In this case, originals or notarized copies of the relevant documents must be presented for their creation. The authorized employee of the depositary institution, which accepts the documents and holds an enhanced public key certificate, imposes its electronic digital signature upon creation of the electronic document. The electronic copy of the document created in this way remains in the depositary institution, and the original of the document or its notarized copy should be returned to the applicant.
The Ministry of Agrarian Policy and Food of Ukraine by its Order “On Approval of the Procedure for Normative Monetary Valuation of Agricultural Land” of 23.05.17 No. 262 determined the procedure for conducting normative monetary valuation of agricultural land. Namely: agricultural land (arable land, perennial plantations, hayfields, pastures, alterations) and non-agricultural land on agricultural land.
In addition, the document clearly specifies the composition of the technical documentation on the normative monetary valuation of agricultural land in the district.
Information on the normative monetary valuation of a separate land plot is made on the request of the concerned person as an extract from the technical documentation on the normative monetary valuation of the land plot.
