The President of Ukraine signed the Law of Ukraine “On the Energy Efficiency Fund” of 08.06.17, No. 2095-VIII, therefore soon it would work. This legal act provides for the creation of an Energy Efficiency Fund, which will include the Supervisory Board, independent members of the Supervisory Board and the Directorate. The Cabinet of Ministers of Ukraine will regulate the actions of the new Fund.
The objective of the Fund is to maintain ideas for improving energy efficiency, stimulate and support measures that will promote the increase of energy efficiency of buildings and energy saving in the residential sector.
The Energy Efficiency Fund will carry out the following functions:
- providing loans, grants, warrants and guarantees to businesses and individuals as well as to partner banks and other intermediaries for the purpose of implementing energy efficiency projects;
- financial and technical evaluation of energy efficiency projects;
- risk assessment for projects and beneficiaries;
- regulation of cooperation with international financial organizations and donors.
The Cabinet of Ministers of Ukraine by its Resolution “On Amendments to the Procedure for the Electronic Administration of Value Added Tax and the Loss of Validity, the Resolution of the Cabinet of Ministers of Ukraine dated January 25, 2012, No. 73” of 19.07.17, No. 536 amended the Procedure of the Electronic Administration of VAT. Innovations are aimed at bringing this procedure in line with the requirements of the Tax Code of Ukraine and other laws.
Consequently, it will be excluded from the procedure of electronic administration of VAT the mention of the special regime of taxation of activities in the field of agriculture and forestry, as well as fishing, which has ceased to exist more than half a year ago, along with additional accounts in the system of electronic administration of VAT.
Introduced amendments:
- take into account the possibility of transferring the value of the registration amount (ΣНакл) in the case of reorganization of the VAT payer (para. 2001.3 of TCU);
- secure the right to register tax invoices/adjustments calculations for the amount of the index ∑Перевищ, reduced by the amount of tax liabilities and increased by the index ∑ПопРах (para. 2001.9 of TCU);
- regulate the issue of returning excessively charged funds to the electronic account from the budget;
- give the opportunity to pay tax debts to the budget through clearing calculations via electronic invoices.
Government Resolution enters into force after its official publication.
The Cabinet of Ministers of Ukraine by its Resolution “On Amendments to the Resolution of the Cabinet of Ministers of Ukraine dated July 1, 1996, No. 710” of 19.07.17, No. 542 reduced the maximum amount of compensation for lost earnings to persons who were summoned to the bodies of pre-trial investigation, prosecutor’s office, court, or to bodies in the process of handling cases of administrative offenses. Now the maximum compensation will not exceed three times subsistence minimum for able-bodied persons. And now it is a threefold size, but the average salary of the person who was summoned for questioning.
In addition, the Government abolished the distribution of the normative value of one expert hour in public specialized institutions of forensic examination, depending on its complexity. Now there will be the only size - UAH 143. That is, the cost of an expert hour is significantly increased.
The Resolution will come into force on January 1, 2018.
The Cabinet of Ministers of Ukraine by its Resolution “On Amendments to the General Provisions on the Centre for Social Services for Family, Children and Youth” of 19.07.17, No. 528 made amendments to the General Provisions on the Centre for Social Services for Family, Children and Youth. The innovations, in particular, include the instruction to the local centres of social services to monitor the targeted use of state aid at the birth of the child.
The main tasks of the local centres of social services included the organization of mentoring for children living in institutions for orphans and children deprived of parental care, other institutions for children.
The State Fiscal Service of Ukraine by its letter “On Non-submission of Transfers Pricing Documents” of 20.07.17 No. 19084/7/99-99-14-01-02-17 clarified that fine under para. 120.3 of TCU for non- submission upon request of fiscal authorities of transfers pricing documents, if such documents were not submitted within 30 calendar days from the date indicated by the postal service in the notice of delivery indicating the reasons for non-placing of the relevant request (and not from the date of the request).
It should be recalled that, upon request from the State Fiscal Service, taxpayers submit documentation for controlled transactions specified in the request within 30 calendar days from the date of receipt of the request (para. 39.4.8 of TCU).
The State Fiscal Service of Ukraine in its letter “On Approval of Amendments to the Form of the Report on the Use of Income (Profit) of a Non-Profit Organization” of 19.07.17 No. 19001/7/99-99-15-02-01-17 recalled the updating of the Non-Profit Report Form (hereinafter − Report).
In particular, the tax authorities emphasize these changes.
1. Information on the date and number of the decision to include a non-profit organization in the Register of non-profit institutions and organizations (line 7) as well as a sign of non-profitability (line 8) are obligatory details of the report form. Therefore, these lines should indicate the date and number of the last decision of the tax authorities on inclusion, reintroduction of non-profit organization into the Register and assign or change the non-profit characteristic.
2. Compared to the previous form of the report, line 2 “Reporting (tax) period of 20__” and line 3 “Reporting (tax) period, which is specified in 20_” of the introductory part of the new report form provide for only two reporting (tax) periods: a year and a month.
3. The major part of the new form of the Report is presented in a new version and consists of two parts.
Part I of the Report should be filled in by all non-profit organizations, regardless of whether they have complied with the requirements specified in para. 133.4 of TCU or not. At the same time, the formation of incomes and expenditures, which are reflected in the Report, should be carried out according to the accounting rules, that is, at the moment of their occurrence, regardless of the date of receipt or payment of funds.
Part II of the Report is intended to calculate the tax liability for corporate income tax and is filled in only by non-profit organizations that have failed to comply with the requirements specified in para. 133.4 of the Tax Code.
4. The information on mandatory annexes in the form of financial statements is reflected in the “Availability of Applications” block and marked in the field “ФЗ6” in the new form of the Report.
The State Fiscal Service of Ukraine in its letter “On Force Majeure” of 20.07.17, No. 19075/7/99-99-12-02-01-17 clarified how a tax payer of the value added tax (hereinafter − VAT) should report for June if he/she got into the cyber attack trap.
- In June the VAT return was submitted but it was not included the unregistered TIs. In this case, TI issued in June should be registered until 31.07.17 (inclusively) and included in the clarifying calculation for June 2017. The same applies to the June TI registered in the URTI during the period from 20.07.17 to 31.07.17, and, accordingly, was not reflected in the declaration.
- The VAT return was submitted for June. Thus, in the presence of a certificate of Ukrainian Chamber of Commerce and Industry (UCCI) (obligatory), the payer may be extended the deadline for submission of the declaration. Thus, the tax obligations, issued by TI of June, which were registered in URTI by 31.07.17 (inclusively), should be included in the VAT declaration for June 2017, regardless of the date of its submission to the controlling authority.
- VAT for May was paid late. If before the effective date of the Law of Ukraine “On Amendments to Su-section 10 of Section XX “Transitional Provisions” of the Tax Code of Ukraine regarding non-application of penalties for late registration of tax and excise invoices as a result of unauthorized interference with the work of computer networks of taxpayers” of 13.07.17, No. 2143-VIII, the payers were fined for such non-payment, the representatives of the fiscal department should cancel their notification-decision on the calculation of fines.
The Ministry of Finance of Ukraine by its Order “On Approval of the Regulation of the SFS Commission, which makes a decision to register a tax invoice/adjustment calculation in the Unified Register of Tax Invoices or refusal in such registration” of 26.06.17, No. 450 approved the procedure for the operation of the SFS Commission, which makes a decision regarding
the Registration of tax invoices in the URTI or refuses in it (hereinafter − Commission).
This procedure regulates the organizational nuances of the SFS Commission, defines the rights and obligations of its members, as well as the procedure for cooperation of the Commission with the territorial bodies of the SFS.
Thus, written explanations and copies of documents from payers are accepted for consideration by the Commission, which will facilitate the further registration of suspended TIs. The Commission within 5 working days from the day of receipt of the explanations or documents takes the final decision on registration of TI or refusal in such registration and sends it to the payer in electronic form (in the electronic cabinet).
The commission is a collegial body under the SFS, which includes officials of the fiscal department.
The Ministry of Finance of Ukraine by its Order “On Approval of the Amendments to Certain Regulatory Acts on Accounting in the Public Sector” of 13.06.17, No. 571 amended certain accounting standards and the Chart of Accounts of accounting in the public sector. The changes made relate, in particular, to the accounting of fixed assets, inventories, income and expenses. The chart of accounts is supplemented with new sub-accounts 7112 and 7122, which will record the income from the placement of assets previously not included in the balance sheet (i.e. found as a result of inventory received as a result of dismantling, write-off of property, etc.), as well as a sub-account 7512 “Transfers”, intended for accounting of receipts related to the transfer of amounts of transfers and the funds received for the implementation of targeted measures.
In addition, the new wording sets out the first three sections (accounting for fixed assets, accounting for intangible assets and inventory accounting), the typical correspondence of sub-accounts to reflect transactions with assets, capital and liabilities of budget funds managers and state-owned trust funds.
The Ministry of Finance of Ukraine by its Order “On approval of certain forms of documents necessary for the implementation of the Decree of the Cabinet of Ministers of Ukraine dated December 29, 2010, No. 1244” of 22.05.17, No. 517 approved the forms required for the sale of property, which is in a tax lien (Article 95 of the Tax Code of Ukraine), in particular:
- Act of revaluation of property of taxpayer, which is in a tax lien, when selling through retail organizations;
- Act of acceptance of delivery of property of the taxpayer, which is in the tax lien, when selling through retail organizations;
- Act of revaluation of property of the taxpayer, which is in the tax lien, for sale on the stock exchange;
- Notice on the sale of property of the taxpayer, which is in the tax lien.
The State Statistics Service of Ukraine by its Order “On approval of the form of state statistical observation № 2- Б (annual) “Report on the issue, placement and circulation of securities” of 17.07.17 No. 171 approved a new form of reporting for joint stock companies − securities issuers.
Form No. 2- Б “Report on the issue, placement and circulation of securities” will be put into effect from January 1, 2018. Issuers of securities will submit a report to the State Statistics Committee once a year.
The State Statistics Service of Ukraine by its Order “On Approval of Forms of State Statistical Observations Regarding the State of Business Activity of Companies” of 17.07.17, No. 172 changed the forms of reporting that were developed to monitor the state of business activity of companies.
In particular, the forms of statistical reporting were changed:
- “Questionnaire for industrial company” (2К-П);
- “Questionnaire for an agricultural company” (2К-С);
- “Questionnaire for a construction company” (2К-Б);
- “Questionnaire for the service industry” (2К-СП) and others.
New forms will be put into effect on January 1, 2018.
The State Statistics Service of Ukraine by its order “On Approval of Forms of State Statistical Observations No. 5- ЗЕЗ (monthly) “Report on Export (Import) of Non-Customs Goods” and No.14-ЗЕЗ (quarterly) “Report on the Acquisition (Sale) of Goods to ensure the life of vehicles, the needs of passengers and crew members” of 21.07.17, No. 190 approved new forms of statistical reporting for enterprises conducting foreign trade activities in the field of trade and transportation.
Thus, from January 1, 2018, the following will begin to operate:
- f. No. 5-ЗЕЗ (monthly) “Report on export (import) of goods not undergoing customs declaration” − applies to all legal entities that carry out export-import transactions with goods not undergoing customs declaration;
- f. No. 14-ЗЕЗ “Report on purchase (sale) of goods for insurance of the life support of vehicles, the needs of passengers and crew members” − applies to all legal entities that conduct foreign economic activity and have a license for the right to transport passengers and goods by transport vehicles.
