The Cabinet of Ministers of Ukraine approved the procedure of the electronic VAT administration by the Resolution “Some issues of the electronic administration of value added tax” of 16.10.2014, № 569.The Cabinet of Ministers determined that the State Treasury opens the special accounts for VAT and implements their services.
Thus, the electronic accounts are opened solely on the basis of the taxpayers register, which is sent by the State Fiscal Service of Ukraine to the State Treasury after the Individual Taxpayer Number assigning.
This register should include the name or surname, first name and patronymic of the taxpayer, the tax number or serial number of passport (for the entrepreneurs who have in their passport mark on the right to make any payments on serial number of passport), individual tax number of the taxpayer and the date of its registration by the taxpayer.
The starting date of transactions via electronic account by the taxpayer is the date of the account registration by the taxpayer (for the taxpayers, registered before January 1, 2015 - 01.01.2015.).
The Treasury directs the notice of the opening of taxpayer’s electronic account to the State Fiscal Service of Ukraine not later than the next business day when it opened. The State Fiscal Service of Ukraine after the receipt of such notice should inform the taxpayer about the requisites of his/her electronic account.
This Resolution enters into force from the day of its publication, except paragraph 1, which enters into force 01.01.2015.
The State Fiscal Service of Ukraine in its letter of 04.09.2014, № 3699/7/99-99-19-02-01-17 considered the issue regarding the advance payments making by the taxpayer, who was exempt from the income tax since the beginning of 2014, but as of year-end 2013 his/her total income from the business activities amounted to over 10 million UAH.
The Tax Code of Ukraine provides for the submission of the declaration and financial reporting for the 1st quarter only in the case of loss or non-receipt of income. The advance payments in II – IV quarters of the report year should not be paid under such conditions, and the tax liabilities are determined on the basis of the declaration at the 1 half-year, three quarters and for the year.
That is, the current legislation does not provide for the nonpayment of monthly advance payments on the income tax during the twelve-month period, in case of the preferential tax treatment in the previous (last) annual tax reporting period.
At the same time, the amounts of paid money liabilities in excess are refundable for the taxpayer. At that the taxpayer shouldn’t have any tax debt.
The overpayment refund to the taxpayer is carried out upon the application for such refund during 1095 days from the date of occurrence of overpaid amount or paid by mistake.
The State Fiscal Service of Ukraine in its letter of 16.10.2014, № 5229/6/99-99-19-03-02-15 provided the explanations on the issue of VAT imposition on the transport vehicles mobilization.
There is no transfer of ownership right in case of the transport vehicles engagement, in accordance with the Mobilization Plan of Ukraine, to provide for the needs of the Armed Forces. Such transfer takes place on terms of the transport vehicles return (i.e. there is a transfer for temporary use), and therefore such transfer is not defined as the subject of taxation in the VAT accounting of the taxpayer, who transfers the auto for use, because there is no operation of goods delivery.
Also there is no any basis for the adjustment of the tax credit as well as the recognition of conditional sale.
If the transport vehicle is not returned to the enterprise after the mobilization and the compensation is accrued on it, such compensation should be regarded as the payment for such transport vehicle. In this case, the transport vehicle is deemed to be sold for the budget funds, and the VAT liabilities should be defined at the date of such funds receipt (compensation).
The procedure for compensation for damage caused to the transport vehicles as a result of their involvement in mobilization is determined by the Cabinet of Ministers of Ukraine.
The State Fiscal Service of Ukraine in its letters of 25.09.2014, № 3945/6/99-99-19-03-02-15 and of 04.09.2014, № 3717/7/99-99-19-03-02-17 explained how to impose VAT on the housing provision.
If the housing construction is provided by the customer with the subsequent registration of title documents on him, so according to the state financial control, the first housing provision in this case should be the provision of housing construction services, which are provided to the customer by the general contracting organization. The housing transfer to the individuals under the labor contracts is the second provision and therefore is not the subject to VAT.
If the conditions of construction financing contract provide that the funds in terms of security payments should be deemed to the payment of finished newly constructed housing, the VAT liabilities are not accrued on the date of receipt of specified funds by the investor, provided that such funds are received for the implementation of housing provision (housing facilities), exempt from VAT.
The State Fiscal Service of Ukraine in its letter of 09.09.2014, № 3119/6/99-99-19-02-02-15 provided the explanations on the issue of reflection of the advance payments in the accounting upon the dividends payment.
In the income tax declaration, the reduction of accrued tax amount is carried out by filling the application ЗП, the total value of which is transferred to the line 13 «Зменшення нарахованої суми податку».
The index of line 13.5.1 is a component of line 13 of the application ЗП of the declaration, on the amount of which the calculation of income tax is reduced for the reporting period when the tax assessment.
The meaning algorithm of line 13.5.1 of the application ЗП of the income tax declaration of the enterprise, approved by the Order of the Ministry of Revenue and Duties of 30.12.2013, № 872, is similar to the filling algorithm of line 13.5.1 of the application ЗП of the declaration in due form approved by the order № 1213.
If the amount of advance payments on income tax, paid upon the dividends payment, exceeds the amount of such advance payments, the amount of the excess should be included in decrease of advance payments in the next reporting months until its maturity.
Such decrease is carried out on the basis of the taxpayer's application submitted to the territorial authority of the State Fiscal Service of Ukraine.
The Ministry of Finance of Ukraine in its letter of 24.09.2014, № 31-11410-07-10/24641 explained, according to its opinion, how the sale of debt securities in foreign currency, which are contained by the company until maturity, should be reflected in accounting records.
The Office rightly noted that the articles of debt securities, issued in a foreign currency, refer to monetary. Thus, the subject of monetary should be found in p.4 UAS 21.
Simultaneously, the Ministry of Finance experts reminded the general procedure for determining the exchange rate differences from changes in exchange rates for debt securities. So, the exchange differences should be determined:
- when the initial recognition using the exchange rate at the beginning (i.e. as on 0 hours) of the days of the transaction date;
- at each balance sheet date (i.e. as on balance sheet date of 14 hours);
- the date of the business transaction (the exchange rate is applicable on the beginning day of the date of the transaction), in particular, the accrual of depreciation of the discount (premium), sale, redemption etc.
However, the amount of depreciated cost and the depreciation of the discount (premium) of debt securities, issued in foreign currency, are determined in foreign currency at the balance sheet date of the recalculation in UAH with the corresponding record of the exchange differences in other incomes (expenses).
As a result, the Ministry of Finance pointed out that in the case of the sale of debt securities their cost price is equal to the amount of depreciated cost, calculated in foreign currency and recalculated in UAH at the rate as on sale date with appropriation of exchange differences (in the presence of) to other incomes (expenses).
Whereas, the income received from the sale of securities is compared to its cost to determine the financial results of such operation.
In the annex of the letter, the Ministry of Finance gave an example of calculating of balance sheet value changes of securities due to the depreciation of the premium on the balance sheet date.
The National Bank of Ukraine in its letter of 27.10.2014, № 18-112/62138 again reminded banks on the non-use of penal sanctions.
The Law of Ukraine “On temporary measures during the anti-terrorist operation” of 02.09.2014, № № 1669-VII (came into force 15.10.2014) established the obligation for banks to cancel penalties and/or fines, accrued on the principal amount of debt obligations under the credit contracts and loan agreements during the ATO to the citizens of Ukraine, who were registered and permanently resided or moved from population centers in the ATO areas in the period from April 14, 2014.
The above mentioned concerned the legal entities and individuals - entrepreneurs who carry out (carried out) their business activities in the territory of those population centers.
The National Bank of Ukraine insists on the necessity of strict and unconditional compliance with the provisions of the Law by the banks and informs that the failure of the legal requirements is the basis for the application of adequate measures of exposure against violators.
