The Cabinet of Ministers of Ukraine by its Resolution “On Amendments to the Procedure for Maintenance and Repair of Cash Registers” of 13.06.18, No. 496 amended the procedure for repair and maintenance of cash registers. In general, two main innovations can be distinguished.
The first concerns the service centers. As planned, from now on, all documents that the service center generates when introducing cash registers into operation and during its maintenance, the service centers will independently send to the representatives of the fiscal department in electronic form. Previously, the owners of cash registers were involved in this documentary chain.
The second innovation concerns manufacturers of cash registers. From now on, fiscal authorities keep a register of copies of cash registers. They will form it on the basis of data, which manufacturers of cash registers, not later than the day of their delivery, are obliged to send to SFSU.
Such data should include information about:
- the name of the cash register model, its scope and version of the internal software (according to the State Registry of the cash registers);
- unique (serial) number of the registrar;
- date of manufacture;
- warranty period of storage;
- warranty period of operational activity;
- register’s lifetime, etc.
The State Fiscal Service of Ukraine in its Individual Tax Advice “On the revision in the tax accounting of the useful life of fixed assets in the event of changes in accounting as a result of improvement of the fixed asset (modernization, reconstruction) and revaluation” of 11.06.18, No. 2563/6/99-99-15-02-02-15/ІПК reported: if there was carried out improvement or revaluation of a fixed asset (hereinafter - FA) in the accounting, the useful life period should not revised for the purposes of tax-profit purposes.
It should be recalled that para. 138.3.3 of the Tax Code of Ukraine (hereinafter - TCU), the minimum allowable useful life periods for the groups of FA are specified. At the same time, if longer terms are set in the accounting, for the calculation of tax amortization, they use the highest values.
The rule of choosing the useful life period under para. 138.3.3 of TCU relates both to the integral object of FA and its components that are accounted for separately.
The State Fiscal Service of Ukraine in its Individual Tax Advice informed that the successor assumes all rights and obligations of the enterprise, which is terminated as a result of reorganization, as a taxpayer, including the negative value of the object of tax levied on the company income tax.
It should be recalled that earlier representatives of the fiscal authorities had a cardinal other position. In particular, they have repeatedly stated that there is no reason for the successor to take into account last year’s losses of the liquidated enterprise (ІПК dated 15.03.2018, No.1026/ІПК/28-10-01-03-11, dated 16.01.2018, No. 163/6/99-99-15-02-02-15/ІПК, 23.10.2017, No. 2339/6/99-99-15-02-02-15/ІПК etc.).
The State Fiscal Service of Ukraine in its letter “On the peculiarities of compilation of the adjustments calculations to the tax invoices issued to buyers - VAT payers” of 22.06.18, No. 18983/7/99-99-15-03-02-17 summarized in one letter all the rules for filling the adjustment calculation to the tax invoice (hereinafter - TI). Now, accountants will not have to fill the TI at random and collect the receipts that the registration of such a document in the URTI has been rejected. Almost four months have passed since the system setup for registration of TI has changed and, at last, the tax authorities have issued a whole crib for the registration of TI in different situations.
The Ministry of Finance of Ukraine by its Order “On Amendments to the to the Guidelines on the Procedure for Accruing and Payment of the Unified Contribution to the Compulsory State Social Insurance” of 04.05.18, No. 469 issued a new version of the Guidelines on the procedure for accrual and payment of the unified contribution to the compulsory state social insurance (hereinafter - Guidelines).
The changes are conditioned by the necessity to bring the normative act into conformity with the current legislation.
Innovations refer to individuals-entrepreneurs and members of the farm.
Thus, among the payers of the unified contribution were added the members of the farm (it should be reminded that they are payers of the unified contribution from January 1, 2018, but only now it was prescribed in the Guidelines). Accordingly, it is established:
- the procedure for determining the basis for calculating the unified payment for members of a farm: this is the distributed income (profit) received by such payers from the net profit of a farm in the reported year, subject to the income tax, divided by the number of months during which such a payer was registered as a unified payer;
- if such payers have not received income (profit) in the reporting quarter or a separate month in the reporting quarter, they will still have to pay the unified contribution, which cannot be less than the minimum insurance premium.
The amounts of the unified payment are calculated by these payers after receiving the share of distributed income (profit) from the net profit of the farm in the reported year and at the results of the inspection of their activities, which led to an increase or decrease in the share of such distributed income that is subject to the personal income tax. The unified contribution is paid once in a quarter to the 20th of the month following the quarter for which the unified contribution is paid.
It is also established the procedure for calculating and payment deadlines for individual-entrepreneurs (with the exception of individual-entrepreneur who have opted for a simplified taxation system) and those who conduct independent professional activities (para. 4 of Section IV of the Guidelines):
- they calculate the unified contribution based on the data of annual tax declarations (annual reports) and the results of the audits of such persons, which led to an increase or decrease in the amount of income subject to the personal income tax. This takes into account the number of months during which such person was registered as a unified contribution payer;
- the unified contribution is to be paid by such payers once a quarter until the 20th of the month following the quarter for which the unified contribution is paid. In this case, the amount of the contribution cannot be less than the size of the minimum insurance premium for each month of this quarter.
The revenue and fee bodies send a message-calculation to the said payers of the unified payment, which made up to January 1, 2017 accrual of USC in the amount less than the minimum insurance premium. They message-calculation indicates the calculation of the amount of such an additional payment, which was payable on the results of business activities for the reporting calendar year.
In addition, it has been established that during a special period and for the entire period of unlawful imprisonment in the territory of the territory of the anti-terrorist operation, individuals-entrepreneurs and persons engaged in independent professional activities, if they are not employers, as well as members of the farm, are exempt from their following obligations:
- in case of calling for military service during the mobilization or attraction for duties for mobilization by the positions provided by the wartime table of organization and equipment, - from the first calendar day of the month of the calling for military service during the mobilization of the payer until the last calendar day of the month in which the payer was demobilized or completed its treatment (rehabilitation);
- in the case of unlawful imprisonment in the territory of the anti-terrorist operation, from the first calendar day of the month of unlawful imprisonment until the last calendar day of the month in which the payer was released or completed his/her treatment (rehabilitation) necessary after his/her release.
The procedure for calculating and payment of the unified payment by individuals-entrepreneurs, persons who carry out independent professional activity and members of a farm economy in the event of their removal from the accounts in the bodies of revenues and fees:
- the last period for the individuals-entrepreneurs for which it is necessary to calculate and pay the unified contribution, is to be the period from the day of the end of the previous reporting period to the day of the state registration of the termination;
- for persons engaged in independent professional activities and members of a farm for the most recent period for which it is necessary to calculate and pay the unified contribution, is to be the period from the day of the end of the previous reporting period to the day of receipt by the body of revenues and fees of the application for the deregistration of the payer of the unified contribution.
Such payers pay the unified contribution within 10 calendar days after the deadline for submission of a report indicating the type of form “liquidation”.
The National Securities and Stock Market Commission (NSSMC) by its decision “On Approval of Amendments to the Regulation on the Information Disclosure by Securities Issuers” of 19.04.18, No. 243 cardinally updated the Regulation on disclosure of information by securities issuers, approved by the decision of the NSSMC. Specific information about the issuer of securities will now include, in particular, the following information:
- making a decision on the placement of securities for an amount exceeding 25% (and not 10% as before) of the authorized capital;
- availability, validity and parties of the share agreement;
- persons concerned in the commission of company transactions with interest, and circumstances exist which creates interest;
- change of shareholders, which include voting shares, the size of which package becomes larger, smaller or equal to the threshold value of the block of shares;
- change of persons who are the owners of financial instruments related to voting shares of a joint-stock company in the event that the total amount of rights under such shares becomes larger, less or equal to the threshold value of the block of shares;
- initiation of a proceeding on compensation of the issuer for losses incurred by an official of such an issuer;
- bankruptcy proceedings issuer ruling on its reorganization;
- decision of the issuer or court of a higher authority on the termination or bankruptcy of the issuer;
- notice of redemption of shares beyond the threshold of the shareholding;
- changes to the charter related to the change of shareholders rights;
- number of voting shares and the size of the authorized capital as a result of its increase or decrease, etc.
It should be recalled that such special information is required to be disclosed by issuers of securities. Disclosure should be made publicly available in the publicly accessible NSSMC information database, published in the official printed publication, placed on its own web site and submitted to the National Commission.
Also, the NSSMC officially confirmed that the issuers of securities should also disclose an audit report on financial statements (consolidated financial statements (if any) and a conclusion on the review of interim financial reporting (interim consolidated financial reporting (if any). At the same time, the report and the conclusion must be in line with International Standards on Auditing.
