The National Bank of Ukraine by Resolution No. 35 of March 22, 2024 approved the Regulation on the Procedure for Renewing Temporarily Suspended Licenses and Amendments to Resolution of the Board of the National Bank of Ukraine No. 177 of August 12, 2022 "On the Peculiarities of the Application of Procedures for Registration and Licensing of Participants in the Market of Non-Banking Financial Services during the Martial Law and Amendments to Resolution of the NBU Board No. 39 of March 6, 2022 " (as amended). This document defines the procedure for renewing licenses in order to ensure the possibility for financial service providers whose locations were temporarily occupied territories to renew suspended licenses after the de-occupation of the territories or re-registration in the territory controlled by Ukraine.
According to the new procedure, the financial institution must attach to the application for the renewal of a temporarily suspended license documents confirming compliance with the requirements of the Regulation on the Authorization of Financial Services and the conditions for their performance of financial services activities, approved by Resolution of the Board of the NBU No. 199 of December 29, 2023 (as amended).
The National Bank will consider the license renewal application within 30 working days from the date of receipt of the complete package of documents, at the same time it may extend this period for another 30 working days and request additional information / documents / explanations.
The notification of the adopted decision of the National Bank is provided directly to the provider of financial services and is published on the official Internet page of the NBU.
The Cabinet of Ministers of Ukraine has approved the draft Law of Ukraine "On Amendments to the Tax Code of Ukraine on Approximation of the Legislation of Ukraine to the Legislation of the European Union in Excise Tax".
The revision of excise duties is due to the need to bring the national legislation closer to the legislation of the European Union, which is currently relevant in view of Ukraine's acquisition of the status of a candidate country for EU membership.
The draft law proposes to amend the Tax Code of Ukraine with the aim of:
- compliance with the norms of EU Council Directive No. 92/83/EEC on the classification of alcoholic beverages in the part related to the definition of the term "intermediate products" - wines and other fermented beverages, which are assigned to codes 2204, 2205, 2206 according to the Ukrainian classification of goods of foreign economic activity;
- increase in the excise tax rate for intermediate products from 8.42 to 12.23 UAH per 1 liter (by 3.81 UAH), i.e. to the level of the current rate for sparkling wines;
- reduction of excise tax rates on fuel to the minimum levels of such rates established in the EU, gradually, over a period of 4 years.
The implementation of the provisions of the draft law will make it possible to ensure additional revenues to the state budget in the second half of 2024:
- from fuel sales operations – by UAH 1.6 billion on average per month. Of them, UAH 1.3 billion from excise tax and UAH 292 million from value added tax;
- from operations on the sale of intermediate products – by 4.5 million UAH per month from the excise tax (the calculation is made taking into account the sales volumes provided for in the State Budget of Ukraine for 2024).
This is important for maintaining the security of the country, because all own revenues are directed to the security and defense sector.
The State Tax Service of Ukraine by Order No. 231 of March 18, 2024 approved the Methodology for verifying the authenticity, completeness of the calculation and payment of other taxes and fees, the control over the implementation of which is entrusted to the tax authorities.
The Methodology is intended for use by officials of control bodies during the performance of their functional duties and has an explanatory, informative and recommendatory nature and does not contain new legal norms that affect the rights, freedoms and legitimate interests of citizens or are of an interagency nature.
The methodology contains information on:
- volumes of information that must be verified and covered in the verification materials;
- methods of presenting the facts and circumstances in the verification materials;
- methods of substantiating conclusions in the taxpayer's vefirication materials.
Sources
During the inspection, information is received from:
- taxpayers, including data from the standard audit file (SAF-T UA);
- central executive bodies, executive bodies, local self-government bodies, in particular:
- research of general information about the economic activity of the taxpayer;
- land lease;
- decisions of local self-government bodies on the establishment of local taxes and fees, tax benefits for the payment of these taxes and fees;
- emissions, discharges, placement and transfer of pollutants;
- reserves and mineral resources;
- waste disposal sites;
- licensing of types of economic activity of the taxpayer;
- water use accounting;
- content and procedure for drawing up environmental impact assessment reports;
- other information provided to the supervisory authority in accordance with the procedure established by law.
The following issues are inspected:
- ownership of residential and/or non-residential real estate, including its shares, by the taxpayer/taxpayer;
- land fees;
- transport tax;
- rent payment, which consists of:
- rent for the use of subsoil for the extraction of minerals;
- rent for the use of subsoil for purposes not related to the extraction of minerals;
- rent for the use of the radio frequency resource of Ukraine;
- rent for the special use of water;
- rent for the special use of forest resources;
- rent payment for the transportation of oil and oil products by main oil pipelines and oil product pipelines, transit transportation of ammonia by pipelines on the territory of Ukraine;
- environmental tax.
The main document that is subject to verification when calculating the tax/fee is tax declaration/calculation of the relevant tax/fee, which is formed on the basis of primary and consolidated accounting documents for the relevant tax (reporting) period.
Given that the tax/fee and their tax base is a purely calculated amount, it is recommended to confirm the legality of their determination exclusively by verifying (continuous or selective method) data of primary documents, accounting registers, provided by the taxpayer during a documentary audit or information received by the tax authority during the performance of its functions.
The National Bank of Ukraine presents for public discussion changes to the Regulation on conducting cash operations in the national currency in Ukraine (hereinafter – the Regulation).
This is due to the need to bring individual requirements of the Regulation into compliance with the current requirements of the legislation of Ukraine and regulatory legal acts of the regulator.
In particular, in connection with this, it is envisaged:
- to clarify the term "non-bank provider of payment services", excluding from it providers of non-financial payment services as those that do not carry out operations provided for by the Regulation;
- to take into account the possibility of use of cash by business entities during calculations received by them from payment accounts opened with non-bank payment service providers;
- to provide an opportunity for business entities to make settlements between themselves and with natural persons by depositing cash to payment service providers for further transfer of funds to the accounts of business entities, without using funds transfer and without opening an account;
- to oblige commercial agents of banks to hand over cash received during the provision of payment services to banks exclusively through relevant services and/or enterprises that have been granted the right to collect funds, transport currency and other valuables;
- in order to ensure equal approaches to the activities of payment market participants, to establish a requirement for non-bank payment service providers and their commercial agents to hand over cash received during the provision of payment services to banks and transfer funds received from payment service users exclusively to the current account of the non-bank payment service provider services;
- business entities must take into account the level of danger during independent transportation and delivery of cash proceeds (cash) to the bank in order to minimize the risks of safekeeping the funds;
- banks and enterprises that have been granted the right to collect funds, transport currency and other valuables, to determine in contracts with clients - business entities the method of delivery and the amount of cash, in case of exceeding which the collection of funds will be mandatory;
- business entities during the provision of the "cash at the desk" service to issue to the payment card holder only banknotes and coins that do not raise doubts about their authenticity and value. Instead, worn banknotes should not reach customers, but should be withdrawn and handed over to the servicing banks together with the cash proceeds;
- not to extend restrictions on cash settlements (in the amount of UAH 50,000) to the use of cash funds from the expenditure fund for the implementation of operational and technical and operational and search measures, investigative (search) actions and covert investigative (search) actions created in accordance with the Law of Ukraine "On the Economic Security Bureau of Ukraine" (a similar rule applies to the National Anti-Corruption Bureau of Ukraine and the State Bureau of Investigation).
Such norms are contained in the draft resolution of the Board of the National Bank of Ukraine "On Approval of Amendments to the Regulations on Conducting Cash Operations in the National Currency in Ukraine" (hereinafter – the draft Resolution).
