Legislative Review

June 28 – July 2, 2021. Ukraine opens land market in July

The Cabinet of Ministers of Ukraine reminds that one of the most important and most anticipated reforms in the history of independent Ukraine will start on July 1 – the land market will open.

The Prime Minister of Ukraine is convinced that Ukrainians will become the real owners of their land, as they will be able not only to own it, but also to dispose of it freely. This is something that is enshrined in the Constitution, but in fact was impossible due to the moratorium.

The official believes that the introduction of the land market is an important step to protect the rights of Ukrainian farmers. The implementation of the mechanism of the preemptive right to purchase the land leased by farmers is envisaged.

Land reform also provides for the establishment of a Partial Loan Guarantee for Agriculture. Even small farmers who cultivate up to 500 hectares of land and do not have a credit history will be able to get a loan.

In addition, to buy land you need to officially show your money. All transactions will go through the bank, and contracts will be checked by notaries. The Ministry of Agrarian Policy has already launched an information campaign explaining the benefits and details of the land market. Therefore, citizens will be able to get all the answers to their questions.

The State Tax Service of Ukraine in category 101.24 “ZIR” has answered the question: "Does the VAT tax return reflect the amount of VAT specified in the tax invoice, which was drawn up on the basis of a tax notice-decision form “TI” (regardless of the fact of additional payment)?”.

The norms of the tax legislation provide for the reflection in the tax reporting on VAT of the transactions carried out by the taxpayer, instead of the tax invoices which are made on such transactions.

If the taxpayer has reflected in the VAT tax return transaction for which the tax invoice has not been drawn up, the volume of supply and the amount of tax specified in the tax invoice, which has been drawn up on the basis of the tax notice-decision form “TI”, is not displayed again in the VAT tax return.

If such a transaction was not reflected in the VAT tax returns, the tax liabilities for such a transaction are accrued by the controlling authority based on the results of the audit and are not additionally indicated in the tax return.

The State Tax Service of Ukraine has clarified the procedure, grounds and terms for extending the term of tax audits.

In accordance with para. 2 item 82.1 of the Tax code of Ukraine (hereinafter – the Tax Code) extension of terms of carrying out documentary planned checks (item 77 of the Tax Code) is possible by the decision of the head (deputy or the authorized person) of controlling body no more than for 15 working days for large taxpayers, for small businesses – no more than five working days, other taxpayers – no more than 10 working days.

It is possible to extend the terms of unscheduled inspections by the decision of the head (deputy or authorized person) of the controlling body for no more than 10 working days for large taxpayers, for small businesses – no more than two working days, other taxpayers - no more than five working days, as defined in para. 2 item 82.2 of the Tax Code.

The duration of actual inspections should not exceed 10 days, and the extension of such inspections is carried out by the decision of the head (deputy or authorized person) of the controlling body for no more than five days.

The grounds for extending the inspection period are:

  • statement of the business entity (if necessary, the submission of documents relating to the inspection);
  • shift-based working hours or summary accounting of working time of the business entity and/or its business facilities.

Documentary scheduled and unscheduled audit of the taxpayer, except for the taxpayer – small business entity, may be suspended by the decision of the head (deputy or authorized person) of the supervisory authority, issued by order, a copy of which is delivered to the taxpayer or authorized representative against a receipt or sent to the taxpayer in the manner prescribed by Art. 42 of the Tax Code, with the subsequent resumption of its conduct for an unused period.

Suspension of documentary scheduled, unscheduled inspection interrupts the course of the inspection in the case of delivery of the order on suspension of such inspection to the taxpayer or authorized representative in the manner prescribed by para. 1 item 82.4 of the Tax Code.

In this case, the inspection may be suspended for a total period not exceeding 30 working days, and in case of need for examination, obtaining information from foreign government agencies on the activities of the taxpayer, completion of court proceedings on issues related to the subject of inspection, recovery the taxpayer of lost documents may suspend the inspection for the period necessary to complete such procedures.

The general term of carrying out the inspections defined in item 200.10 and 200.11 of the Tax Code, taking into account the suspension periods established by item 82.4 of the Tax Code, may not exceed 60 calendar days.

Therefore, the extension of the terms of inspections and the suspension of the inspection by the employees of the controlling bodies is carried out by the decision of the head of the tax authority.

Terms of extension of inspection depend on the type of inspection and the category of the taxpayer established by Art. 82 of the Tax Code.

The State Tax Service of Ukraine has reminded of the amount of the single social contribution (hereinafter SSC), which is accrued in a situation where the employee works part-time.

If the basis for accrual of SSC does not exceed the amount of the minimum salary established by law for the month for which the income is received, the amount of SSC is calculated as the product of the amount of the minimum salary established by law for the month for which income (profit) is received and contribution rate (Art. 8 of the Law of Ukraine “On the collection and accounting of a single contribution to the obligatory state social insurance” No. 2464-VI of July 8, 2010, hereinafter Law No. 2464).

An employment contract with the consent of the employee and the employer may establish a part-time working day or a part-time work week. Remuneration in these cases in accordance with Art. 56 of the Labor Code of Ukraine (hereinafter the Labor Code) is carried out in proportion to the time worked or depending on the output.

Therefore, the employer has the right to charge a part-time employee a salary lower than the minimum wage, but provided that its amount is not less than a part of the minimum wage actually worked.

The employer calculates the amount of SSC as the product of the minimum salary for the month for which salaries (income) are accrued, and the minimum rate of SSC.

It should be reminded that in 2021 the minimum salary is UAH 6,000 and the minimum SSC rate is UAH 1,320.

In the case of accrual of salaries (income) to individuals from sources outside the main place of work, the rate of SSC is applied to a certain accrual base, regardless of its size (para. 3 of Part 5 of Art. 8 of Law No. 2464).

The National Bank of Ukraine by the Resolution “On Approval of Amendments to the Regulations on the Procedure for Issuing Electronic Payment Instruments and Carrying Out Transactions Using Them” No. 60 of June 25, 2021, which entered into force on July 1, 2021, expanded the possibilities of business corporate payment funds(electronic payment instruments). To do this, the regulator has modernized the procedure for issuing payment cards and transactions with their use.

In particular, to promote the use of corporate payment cards, the National Bank of Ukraine has:

  • granted business (business entity) the right to independently determine the persons who have the right to use corporate payment cards issued to its account;
  • delineated the responsibilities of the business entity and the holder of the corporate payment card.

In addition, the regulator:

  • simplified the receipt of the payment card by the authorized person/representative of the individual – the account holder;
  • determined that the transfer initiated with the use of a payment card (electronic payment instrument) is a non-cash payment.

The National Bank expects that the provisions of this document will promote the wider use of corporate (business) payment cards and increase the volume of non-cash payments.

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