The State Fiscal Service of Ukraine reported that the state unitary enterprises - agricultural commodity producers, unified tax taxpayers of group IV, when payment of the state dividends, should pay advance payment on income tax (see letter of the SFSU “On submission of tax reports on income tax for half-year periods of 2015” of 29.07.15, № 27719/7/99-99-19-02-01-17).
If they fail to pay the advance on income tax, when dividends payment, the penalty is applied to them according to Art.123 of the TCU (25% tax debt or 50% when repeat violation during 1095 days under this article) as well as the fine according to Art.129 of the TCU.
The State Fiscal Service of Ukraine in its Letter “On submission of tax reports on income tax for half-year periods of 2015” of 29.07.15, № 27719/7/99-99-19-02-01-17 specified, due to fact that a new form of declaration on income tax was not approved today, a declaration for the first half of 2015 was recommended to be prepared and submitted under current forms (to those income tax payers, who are required to report for six months).
However, controllers suggest using a declaration project placed on the website of the SFS of Ukraine (http://sfs.gov.ua) to determine the amount of subject of taxation and tax liabilities.
The controllers suggest submitting such a “project” declaration as an addition to the current declaration forms.
The State Fiscal Service of Ukraine in its letter “On changes in mandatory requisites of tax invoice” of 29.07.15, № 27651/7/99-99-19-03-02-17 said that taxpayers, when the preparation of tax invoice / adjustment calculation, to be entitled not to fill in the requisite details, which were not mandatory according to para.201.1 of the TCU, in title part of tax invoice, from the effective date of the Law of 29.07.15, № 643, viz. form 29.07.15. Namely:
- location (tax address of the seller);
- location (tax address of the buyer);
- phone number (both seller and buyer);
- type of civil law contract, its number and date;
- form of performed settlements.
In other words, the absence of data in these tax invoice / adjustment calculations does not affect the recognition of tax credit, of course, if there are no other reasons for this.
In this case tabular part of tax invoice / adjustment calculations that defines the description and nomenclature of goods should be filled in unchanged before the approval of their new forms.
The State Fiscal Service of Ukraine explained when the sanctions for failure to submit the documentation on tax request provided for by para.120.3 of the TCU, should be applied to the taxpayer that operates controlled transactions (see letter of the SFSU “On the tax control over transfer pricing” of 07.07.15, № 24525/7/99-99-22-01-02-17).
1. If the taxpayer did not provide a response to the request in accordance with paragraphs 39.4.4 of the TCU. Since required documents should be submitted in any form, the violation is only the absence of answers to tax authorities within a month.
2. The tax officers could send a request to the payer to provide additional documents. If the answer to further request (which one should provide within 10 calendar days inclusive of the date of receipt) does not contain required information for controllers – the payer is to be imposed a fine.
It should be noted that the punitive sanctions provided in 2015 are to be applied for the failure to submit the documentation on controlled transactions in 2013 – 2014.
The State Fiscal Service of Ukraine explained: the unified tax payers are not entitled to use the bills as a form of settlement. Fiscals remind that the unified tax payers of first - third groups should make payments for shipped goods (works and services) only in monetary form cash and / or cashless (see para.291.6 of the TCU) (see Letter of SFS of Ukraine “On the bills settlements of entrepreneurs - unified tax payers” of 04.06.15, № 5267/Д/99-99-17-02-02-14).
At the same time controllers recognize transactions on bills issuance as a financial intermediation (ch.3, Art. 333 of the CCU). The tax authorities insist that this is because the money liabilities under this contract are terminated when the issuance of a bill under the contract, and liabilities on a bill payment arise (see Art. 4 of the Law of Ukraine “On circulation of bills in Ukraine” of 05.04.01, № 2374-III). And business entities, which carry out activity in financial intermediation using bills, could not be unified tax payers.
The State Fiscal Service of Ukraine in its letter “On use of stock exchange prices as information sources about market prices for the purpose of transfer pricing” of 18.06.15, № 12823/6/99-99-19-02-02-15 noted that information on prices that emerged on the stock exchange and stock exchange quotation could be taken as a source of information to determine market prices for products for the purposes of transfer pricing. In fact the stock exchange data provide an opportunity to compare commercial and financial terms of transactions.
The State Fiscal Service of Ukraine believes that the employer should not provide a notification of employment a worker via mail. The mail letters are not mentioned in the Resolution of the CMU “On the procedure of notification to the state fiscal service and its territorial authorities on the employee acceptance to work” of 17.06.15, № 413 (see Zir.minrd.gov.ua).
Instead, it can be done in the following ways:
- by means of electronic communication using digital signature of responsible persons in accordance with legislative requirements in the field of electronic documents and electronic signatures;
- in hard copies together with a copy in electronic form;
- in hard copies if labor contracts signed with not more than five people.
The Ministry of Agrarian Policy and Food of Ukraine approved the form of documents required to obtain partial compensation of interest rates on bank loans (in the national currency) by economic entities of the agro-industrial complex (see Order of the Ministry of Agrarian Policy of Ukraine “On Approval of forms of documents and providing information on financial support measures in agro-industrial complex through credit cost reduction” of 01.07.15, № 253 (enters into force after its official publication)).
In particular: applications for participation in the competition to obtain compensation of interest rates on attracted loans, certificate of compensation of interest rates of attracted loans at the expenses of the state budget etc.
It should be reminded that compensation should be provided on competitive principles to legal entities - subjects of agro-industrial complex under signed loan agreements on condition that the amount of interest for using credits and the amount of payment for granting other banking services related to this loan do not exceed 30% per annum.
The amount of such compensation - 50% of the NBU discount rate at the date of interest accrual for loans using, but not higher than the sizes provided for by the loan agreements, under loans attracted in the past and current years, which interests for their use are accrued and paid in current year.
The National Bank of Ukraine in its letter “On the possibility to use the information on payment of money for payment of funds to people that are not in staffing of company for purposes that are different from wage payments” of 15.04.15, № 50-01015/25117 explained: money (for purposes other than wages) could be given to people, which are not in staffing of company, under statements of expenditure (payroll money list) (ch.3 of para.3.5 of Regulations on the Conduct of cash transactions in the national currency in Ukraine, approved by the NBU Board dated 15.12.04, № 637, hereinafter - Regulations).
Time period for issuing of cash under statements of expenditure should be approved by manager and chief accountant (or person authorized by the manager) (para. 3.8 Regulations).
Regulations also provide for issuing of cash to employees, who don’t work at the company, by cash payment vouchers that are issued separately per person.
The amount of such compensation - 50% of the NBU discount rate at the date of interest accrual for loans using, but not higher than the sizes provided for by the loan agreements, under loans attracted in the past and current years, which interests for their use are accrued and paid in current year.
