Legislative Review

May 24 – 28, 2021. Government offers to increase the amount of childbirth assistance or adoption benefits up to UAH 50 thousand

On the eve of Children's Day, the Cabinet of Ministers of Ukraine adopted a number of decisions to improve the system of children's rights protection.

The Government supported a draft by the Ministry of Social Policy that would increase state support for the birth or adoption of a child. If the Verkhovna Rada approves the document from January 1, 2022, this amount of assistance will be increased from UAH 41 thousand to 50 thousand.

“This is not a final increase: from 2023 onwards, it is proposed to increase the amount of such assistance by the inflation forecast. Of course, direct payments are only part of a strategy to support young families. At the same time, we will improve the quality of medicine for children, build new kindergartens and schools, give young families the opportunity to buy their own housing under the preferential mortgage program,” the Prime Minister stressed.

Another approved draft proposes to improve the adoption system to ensure the interests of the child and increase transparency in the adoption process.

In addition, the Government approved a draft differentiating the functions of social protection of children between the National Social Service, the executive bodies of local councils, and regional state administrations.

The Cabinet of Ministers also adopted a decision on improving housing conditions for orphans and approved the Concept of the state social program for children's health and recreation until 2025.

The Prime Minister has stressed that the Government continues to work to ensure that children in Ukraine are provided with the best conditions for development and implementation.

The Ministry of Finance of Ukraine by Order No. 166 of March 23, 2021 approved the Procedure for keeping records of taxes, fees and other payments, a single contribution to the obligatory state social insurance, paid into a single account. The Order has not yet entered into force, despite the fact that the rules on the functioning of the single account are effective from January 1 of this year.

The document determines the procedure for keeping records of taxes, fees and other payments, a single contribution to the obligatory state social insurance, paid to a single account, for payment of monetary obligations and/or tax debt from taxes and fees provided by the Tax Code, a single contribution to the general obligatory state social insurance, including fines and penalties in accordance with the provisions of the Law on single social contribution, and other payments specified by the relevant legislation and control over the collection of which is entrusted to the State Tax Service of Ukraine, arrears of other payments.

Accounting for the cash flow on a single account is carried out in the information and telecommunication system of the State Tax Service.

The procedure, among other things, determines the rules for:

  • the procedure for maintaining a single payer's card;
  • accounting for cash flows in a single account according to the Treasury;
  • generating information on the cash flow in a single account;
  • formation of control rankings of payers on indicators to be paid to budget / non-budget accounts;
  • generating a register of payments from a single account.

The Cabinet of Ministers of Ukraine by the Resolution “On approval of the Procedure for application by tax authorities of measures of influence in the form of penalties to legal entities (except authorized institutions) for violation of currency legislation” of May 26, 2021 approved the procedure for penalizing legal entities for violation of currency legislation.

The Resolution was developed in accordance with para. 1 and 3 part 1 of Art. 15 of Law of Ukraine “On Currency and Currency Transactions” No. 2473-VІІ of June 21, 2018 in order to determine the mechanism of application by tax authorities of measures of influence (penalties) to legal entities (except authorized institutions) for violation of currency legislation.

It imposes penalties in the amount of 25% of the amount of the transaction conducted in violation of currency legislation, and in case of repeated violations of currency legislation during the year, the amount of the penalty is increased to 50%, namely for:

  • settlements on the territory of Ukraine in foreign currency, except for settlements on transactions specified in Part 2 of Art. 5 of the Law;
  • settlements between residents and non-residents on current trade transactions and transactions related to capital movements, without the participation of authorized institutions;
  • settlements under a foreign trade agreement on export/import of goods by electronic means of payment, if the amount of the transaction under one such agreement in one transaction day exceeds the amount established for financial transactions subject to mandatory financial monitoring or are thresholds under the Law of Ukraine “On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Terrorist Financing and Financing Proliferation of Weapons of Mass Destruction”.

The Ministry of Finance of Ukraine approved a generalized tax on the application of certain provisions of Art. 39 of the Tax Code of Ukraine, including during the adjustment of the pre-tax financial result on the basis of paragraphs 140.5.4, 140.5.51, 140.5.6, item 140.5, Art. 140 of the Tax Code.

The consultation provides clarification on issues related to:

  • raw materials and goods that have a stock exchange quotation;
  • criteria for recognizing business restructuring operations as controlled;
  • specifics of submission of the Notice on concluding a contract for operations with raw materials;
  • application of 30% adjustments to the financial result in the following cases:
    • providing documents confirming payment of income tax by a non-resident;
    • carrying out transactions through a resident commissioner;
    • confirmation by the taxpayer of compliance of prices with the arm’s length principle in accordance with the procedure established by Art. 39 of the Code;
    • establishing the inconsistency of prices with the arm’s length principle.

The State Tax Service of Ukraine has published a draft order of the Ministry of Finance of Ukraine “On approval of changes to the Procedure for forming a plan-schedule of scheduled documentary inspections of taxpayers”.

The draft order provides for a change in the name of the territorial body of the State Tax Service of Ukraine “Office of large taxpayers of the State Tax Service” to "interregional departments of the State Tax Service for large taxpayers” in order to properly operate interregional departments of the State Tax Service to work with large taxpayers concerning development of plan-schedule of scheduled documentary inspections of taxpayers.

The draft order also improves the risk criteria for business activities of taxpayers.

The use of risk criteria makes it possible to use the mechanism of priority response to those enterprises for which there is a high probability of underpayment or concealment of the object of taxation, as well as reduces the number of audited entities.

The Ministry of Finance of Ukraine has published a revised draft order “On approval of the Procedure for crediting future payments of a single contribution to the obligatory state social insurance or refund of overpaid and/or erroneously paid funds”.

It is devloped to create an effective mechanism for returning to payers or transfer to the appropriate accounts of erroneously paid single contribution, in particular a clear delineation of responsibilities imposed on the structural units of the tax authority and funds of compulsory state social insurance, and determine the timing of these responsibilities.

The draft order was developed in accordance with the requirements of Art. 9, 11 chap. III of Law of Ukraine “On collection and accounting of a single contribution to the obligatory state social insurance” No. 2464-VI of July 8, 2010, item 22 of Resolution of the Cabinet of Ministers of Ukraine “On approval of the Single Account and compliance with Article 35 of the Tax Code of Ukraine by central executive bodies” No. 321 of April 29, 2020, as well as Order of the Ministry of Finance of Ukraine “On approval of Amendments to the Regulation on the movement of single contribution to compulsory state social insurance” No. 587 of September 25, 2020, registered with the Ministry of Justice Of Ukraine on October 15, 2020 under No. 1015/35298.

The draft was commented on by some executive bodies, based on which it was finalized. The analysis of regulatory impact has also been finalized.

The National Bank of Ukraine plans to transfer Ukraine's payment infrastructure to the international standard ISO20022. Based on this standard, the NBU has already begun developing a new generation of interbank payment system – EPS. This was announced by the Chairman of the National Bank of Ukraine Kyrylo Shevchenko.

“By the end of 2022, we must not only modernize the EPS in accordance with this international standard, but also transfer its work to 24/7”, he wrote.

In addition, the National Bank is developing a state system of remote identification – the BankID System of the NBU, which is rapidly increasing the number of participants. Now 34 identifier banks are already connected to it. Online services using the BankID System of the NBU are available to 99% of payment card users on the market. The task of the NBU for 2021 is to make the BankID System available to every Ukrainian. After all, it simplifies access to public, commercial and financial services.

In addition, together with the Ministry of Finance, the National Bank has regulated the possibility of using the mobile application “Diia” for remote identification of customers and their receipt of financial services. It already works in the banking and non-banking markets.

The National Bank of Ukraine has established a new procedure for banks to execute settlement documents of debt collectors in connection with the transition of banks to work in the 23/7 mode.

For banks that have switched to 23/7 mode, the length of the transaction day increases, as a result of which the time for execution of settlement documents of debt collectors for forced write-off and collection of funds from customer accounts also increases.

The new procedure provides for the execution of settlement documents of debt collectors taking into account the current receipts to the client’s account during the transaction day (previously, banks executed such documents at the expense of current receipts during the transaction time). This makes it possible to ensure optimal execution by banks of settlement documents of debt collectors.

Relevant norms are contained in Resolution of the Board of the National Bank of Ukraine “On Approval of Amendments to the Instruction on Non-Cash Settlements in Ukraine in National Currency” No. 44 of May 25, 2021.

The document entered into force on May 28, 2021.

The procedure will take effect from the date of its official publication.

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