The Cabinet of Ministers of Ukraine by its resolution “On approval of the Procedure for the promulgation of information on the activities of state unitary enterprises and economic companies, in the authorized capital of which more than 50% of shares belong to the state, as well as economic companies 50 and more percent shares of which belong to the economic companies, the state’s share of which amounts 100 percent” of 09.11.16, № 1067, which entered into force on March 23, 2017, determined the procedure, periodicity and timeframe for the disclosure of information on the activities of state unitary enterprises and economic companies, in the authorized capital of which more that 50% of shares belong to the state, as well as economic companies 50 and more percent shares of which belong to the economic companies, the state’s share of which amounts 100%.
Such enterprises are now obliged to post documents and materials containing information on their activities on their own web pages (web sites).
The absence of its own website does not exempt such a legal entity from the obligation to disclose the information. Then such information should be posted on the official site of the subject of the management entity of the governmental property, which exercises the functions of managing the enterprise or corporate rights of the state in the economic company. For this purpose, there will be created a special section on the activities of the enterprise, the economic company together with other information about the enterprise, the economic company, which is subject to publication in accordance with the law.
Access to web pages and websites will be round-the-clock and free of charge.
In addition, the Government determined the frequency and timing of the publication of this information. For example, information on contracts concluded for the reporting period, the total value of which exceeds UAH 1 million, should be made public within 10 calendar days from the date of signing the agreements. And a charter of the enterprise, the economic company in force previously – before 06.04.17 inclusive.
The State Fiscal Service of Ukraine in its letter “On the activity of the tax agent” of 13.03.17, № 5002/6/99-99-13-02-03-15 recalls that the tax agent accruing taxable income in favour of the taxpayer, is obliged to withhold tax from the amount of such income at his/her expense (sub-para. 168.1.1 of the Tax Code of Ukraine, hereinafter - TCU). If the employer decides to accrue and pay the income tax at his/her own expense, the amount of tax withheld to be income of the taxpayer as an additional benefit. Accordingly, it is necessary to withhold the income tax and the war tax from this amount.
The State Fiscal Service of Ukraine by its letter “On the documents confirming the beneficial owner” of 13.03.17, № 5060/6/99-99-15-02-02-18 recalled that the document for the recognition of the person as the actual owner of the income could be a document confirming the right of a person to such an income. In particular, but not exclusively, it can be a document issued by the competent authority of the country with which an international treaty of Ukraine is concluded, a license, a patent, an officially issued trademark, etc.
As it is known, the person (tax agent) has the right to independently apply exemption from taxation or a reduced tax rate provided for by the relevant international treaty of Ukraine for the period of payment of income to a non-resident, if such non-resident is the beneficiary (actual) recipient (owner) of income and resident of the country with which International treaty of Ukraine was concluded (para.103.2 of TCU).
The State Fiscal Service of Ukraine in its letter “On the depreciation of low-value non-current tangible assets” of 02.03.17, № 4349/6/99-99-15-02-02-15 once again reminds that the differences in low-value non-current tangible assets do not arise. After all, these non-current tangible assets are not considered as fixed assets for the purposes of the TCU.
Also, the representatives of the fiscal department noted: in lines 1.1.1 and 1.2.1 NA, it is noted the differences arising when depreciation of non-current assets without taking into account the depreciation of low-value non-current tangible assets.
The State Fiscal Service of Ukraine in its letter “On the issue of the application of penalties on the basis of paragraph 120 of remarks 1.2 of TCU” of 03.03.17, № 709/4/99-99-15-03-02-15 suggested to the Ministry of Finance to support their interpretation of para.1201.1 of TCU. It involves the fines charging for all cases of untimely registration of tax invoices for deliveries taxed at rates of 20 and 7%. In particular, for all tax invoices which are not provided to buyers.
It should be noted that in unfavourable circumstances, the penalty for late registration of the tax invoice will be transformed from a tool to protect the interests of the buyer - the payer of the value-added tax (hereinafter- VAT) (which tax credit depends on the timely actions of the supplier) to the budget replenishment tool due to fines.
The Ministry of Social Policy of Ukraine in its letter “On the calculation of the average wage” of 27.10.16, № 1491/13/8416 informs that non-adjustment of the average wage is a violation of the labor legislation. At the same time, representatives of the department note that the labor legislation regulates labor relations of both employees of enterprises and individuals working under an employment contract with individuals.
It should be recalled that in the event of an increase in tariff rates and official salaries, the average salary should be adjusted to the increase ratio in accordance with the requirements of paragraph 10 of the Procedure for calculating the average wage approved by the Cabinet of Ministers of Ukraine of 08.02.95, № 100. Adjusting the average wage should be made if the last increase in the official salary of an employee occurred in the accounting period.
The State Statistics Service of Ukraine by its order “On Amendments to the Form of State Statistical Observation № 1-ПВ (quarterly) “Report on Labor” approved by the Order of the State Statistics Committee of June 10, 2016, № 90” of 15.02.17, № 39 changed the form № 1-ПВ (quarterly) “Report on Labor”. The changes are related to the increase in the size of the minimum wage: in Section IV of Form № 1-ПВ “Distribution of full-time employees by wage size” the limits of distribution were increased. The report has not undergone any other changes.
It should be recalled that for the first quarter it should be reported under a new form. It can be downloaded on the website of the State Statistics in the section “Respondents/Album of Forms of State Statistical Observations for 2017/Employment and Unemployment”.
The National Bank of Ukraine by its Resolution “On Amending Certain Normative Legal Acts of the National Bank of Ukraine” of 23.03.17, № 26 simplified the procedure for registration of agreements on the attraction by residents of credits/loans in foreign currency from non-residents.
Thus, the regulator of the banking services market simplified registration procedures in case of a change in the creditor from a resident to a non-resident under a credit contract/loan agreement. Namely – it has been expanded the list of participants in such a treaty, which have the right to apply to banks to initiate appropriate registration procedures. From now on, registration or modification of contracts in such cases can occur at the request of both the borrower resident and the non-resident creditor and the authorized bank - the original creditor.
In addition, it is provided to introduce a new automated system for registering contracts on residents receiving credits/loans in foreign currency from non-residents.
The National Bank abolished the requirement of mandatory provision by residents-borrowers of the NBU certificates on the amount of actually received credit and repayment of debts on it. The resident borrowers should submit such a certificate to the authorized bank when they place the attracted funds in foreign currency to accounts outside Ukraine.
The amendments take effect on April 10, 2017.
The Supreme Court of Ukraine in its decision of 01.03.17 in case № 6-284цс17 noted that the amount payable on obligations is determined in hryvnias at the official rate of the National Bank set for the relevant currency on the day of payment. Of course, if another procedure for its determining is not established by the law or a contract or another regulatory legal act.
The court also noted that in the event of a breach of the monetary obligation, the subject of which is funds denominated in hryvnias with the definition of the equivalent in foreign currency, provided for by sec.2 of Art.625 of the Civil Code of Ukraine, inflationary losses are not subject to recovery. Because, the losses from depreciation of hryvnia due to inflation are restored by the equivalent of foreign currency.
