The Cabinet of Ministers of Ukraine approved the list of goods, the export and import of which are subject to licensing, and the volume of export-import quotas in 2019.
The lists of products and quotas are identical to the lists and volumes in force in 2018. Thus, export quotas for raw gold and silver (other than banking metals) and precious metal scrap are still at 0 grams level.
Also, in accordance with the decision of the National Security and Defense Council “On urgent measures to neutralize the threats to Ukraine’s energy security and enhance the protection of critical infrastructure” dated 16.02.2017, in 2019 the licensing of anthracite exports will continue.
In addition, in accordance with the Montreal Protocol on Substances that Deplete the Ozone Layer, in 2019, exports and imports of ozone-depleting substances and products that may contain ozone-depleting substances will be licensed.
The State Fiscal Service of Ukraine in its letter “On the Application of Certain Legislation” of 20.12.2018, No.5313/ІПК/26-15-13-06-09 reported that the settlement through electronic payment systems, LiqРау, were not applied to monetary settlements.
Non-cash settlements – this is a transfer of funds carried by cash to the cash desk of the bank to the accounts of the recipients of funds. These calculations are carried out by the bank on the basis of settlement documents on paper or in electronic form.
Electronic money is used as a means of making payments, accepted by a limited number of persons, provided by the issuer in exchange for funds in cash or in non-cash form and in accordance with the laws of Ukraine are not cash.
Consequently, payments through electronic payment systems, LiqРау, are a violation of the conditions of stay on the simplified taxation system. According to paras. 4 of para. 298.2.3 of TCU, the unified tax payers are obliged to transfer to other taxes and fees defined by the TCU when using a different method of payment than those specified in para. 291.6 of TCU, from the first day of the month following the tax (reporting) period, which allowed such a method of settlements.
In addition, the said individual entrepreneurs in the taxpayer’s tax return must additionally reflect separately the proceeds received from transactions that do not qualify for the simplified taxation system and apply the unified tax rate of 15% (para. 3 of para. 293.4 of TCU).
The State Fiscal Service of Ukraine in its Individual Tax Advice “On the Procedure for Taxing VAT on the Sale of Goods When Applied to the Retail Merchant Network of the Bonus Program” of 12.12.2018, No. 5198/6/99-99-15-03-02-15/ІПК answered the question of what to do with VAT if, when selling goods in a retail trade network, the VAT payer applied a bonus program that assumed that the amount of points accrued when purchasing goods/services that accumulate on the buyer’s loyalty card and continue to be converted into bonuses, may be accrued with further acquisition of such a buyer of goods in payment of their cost (part of value).
A trading company that sells to individuals - participants in a bonus program of goods/services, and for the cost of the cost (part of value) of which includes the bonuses accrued to such a buyer at previous purchases of goods/services, the VAT base of supplied goods/services is determined based on their contractual value, which includes:
- the amount of money paid directly by the buyer;
- the amount of bonuses (transferred in monetary terms) included in the payment of the value (part of value) of the purchased goods/services that were accrued to the trading company upon the prior acquisition by such buyer of the goods/services.
Accrual of points to buyers - participants of the bonus program on the loyalty card when purchasing goods/services is not the basis for the calculation of tax liabilities with VAT.
The State Fiscal Service of Ukraine by its letter “On the formation of the costs of an individual - entrepreneur on the general system of taxation” of 17.12.2018, No. 5255/Х/99-99-13-01-02-14/ІПК reported that the entrepreneur on the general taxation system had the right to include in expenses the expenses for transportation of finished goods (products), transport-forwarding and other services connected with transportation of goods (products).
Such expenses are reflected on the basis of primary documents - agreements, acts of performed works (rendered services), goods and transport invoices, settlement documents, etc.
Expenses of the entrepreneur not related to the conduct of economic activity, and not documented are not included in the expenses.
The State Fiscal Service of Ukraine in its Individual Tax Advice “On the accrual of the unified contribution to the amount of monetary compensation for unused days of annual leave to the dismissed employee” of 29.11.2018, No. 5003/6/99-99-13-02-03-15/ІПК reported that the amounts of monetary compensation in case of non-use, in particular annual (basic and additional) leave in the amounts stipulated by the legislation, in accordance with paragraph 2.2.12 of the Regulations on Wage Statistics of 13.01.2004 No. 5 is payable for non-worked time.
A company after the dismissal of an employee does not bear the responsibility of the insured, and, accordingly, the payer of insurance premiums.
Consequently, in the event of the accrual and payment of the amount of compensation for unused days of annual leave to the dismissed employee, the unified contribution to such amounts is not charged, since the amount of such compensation is payable for unpaid time, and the employer does not have the insurer’s responsibility for the employee.
The State Fiscal Service of Ukraine in the category 103.26 “ZIR” answered the question, what liability is provided for the tax agent, if it was established by audit that during the payment of income (advance) to the employee was accrued and retained a reduced amount of personal income tax.
If during the audit it was discovered that the tax agent does not pay or pay in full the personal income tax (hereinafter – PIT) during the payment of income (advance), the controlling body determines the amount of the tax liability in the PIT and adopts the corresponding tax returns – the decision on the application of penalties, namely a fine of 25% of the amount of the accrued tax liability. The same actions committed repeatedly for 1095 days result in a fine of 50% of the taxable amount, which is subject to payment and/or payment to the budget.
Actions provided by para. 1 of para. 127.1 of TCU, committed for 1095 days for the third time and more, entails the imposition of a fine of 75% of the amount of tax payable and/or paid to the budget.
At the same time, the amount of the monetary obligation of the personal income tax accrued by the controlling body and for the whole period of the tax deduction (including for the period of administrative and/or judicial appeal), the penalty is calculated based on para. 129.1.1 of TCU.
In addition, for failure to pay or not transferring to the budget the amount of the personal income tax, transfer of personal income tax at the expense of enterprises, institutions and organizations (except when such transfer is permitted by law), failure to report or late communication to the state tax inspectorates in the established form of information about incomes of citizens, guilty persons are brought to administrative liability according to Art. 1634 of the Code of Ukraine on Administrative Offenses.
The National Bank of Ukraine adopted the Resolution “On Approval of Amendments to the Regulation on the Application by the National Bank of Ukraine of Standard Instruments for the Regulation of Banking System Liquidity” of 13.12.2018 No. 137, which introduced a new instrument for the regulation of liquidity of the banking system – a discount deposit certificate from December 1, 2019.
Such certificates will be placed through tenders at a price lower than their nominal value. Accordingly, income on discount certificates will be determined as the difference between the amount of deposit and the value of the deposit certificate.
The introduction of a new instrument will allow the National Bank to increase deposit certificates. This, for its part, will help to increase the liquidity of the secondary market of deposit certificates due to the appearance in circulation of placements with the same characteristics.
The National Bank examines a discount deposit certificate as an additional instrument for regulating bank liquidity and will continue to hold tenders for placing interest-bearing deposit certificates. The latter may be placed overnight, and for longer periods (up to 14 days and/or up to 100 days), while discount certificates – for longer terms than for overnight transactions.
At the same time, the National Bank will make it impossible to participate in transactions for placing deposit certificates of those banks that during previous placements did not transfer funds in accordance with their applications and within 7 calendar days after receipt of the letter from the National Bank did not pay the corresponding fine. Under the new procedure, access to deposit-certificate transactions will be renewed after payment of the imposed fine.
