The Cabinet of Ministers of Ukraine by its Resolution “On approval of the list of countries (territories) that meet the criteria established in subparagraph 39.2.1.2 of subparagraph 39.2.1 of paragraph 39.2 of Article 39 of the Tax Code of Ukraine” of 16.09.15, № 977-р (hereinafter - TCU) approved the list of countries (territories) that meet the criteria established by subparagraph 39.2.1.2 of TCU.
These are countries where total rate of corporate income tax (corporate tax) is 5% lower and more than in Ukraine and also with which the international agreements with provisions on information exchange are not concluded.
10 countries are excluded from the list compared to previous one: Singapore, Switzerland, Georgia, Malta, Lebanon, UAE, Morocco, Luxembourg, Jamaica and Guadeloupe.
Transactions with counterparties that are represented by mentioned above countries are not the subject to mandatory control in accordance with the law on funds transfer pricing from 16.09.15.
It should be reminded: for purposes of accrual of income tax, transactions with counterparties that are registered in the country (territory) included in the appropriate list, should be recognized as controlled.
The Cabinet of Ministers of Ukraine by its Resolution “On use of ballpark figures of customs commodity cost in system of risk management” of 16.09.15, № 724 determined that when customs clearance of imported goods, fiscals should apply unified ballpark figure of customs commodity cost.
These figures are needed for their use in system of risk management by controllers. This measure is aimed to provide:
- equal conditions for the implementation of Foreign Economic Activities;
- unified approach to control for accuracy of determining of customs commodity cost in the customs territory of Ukraine.
Therefore the SFSU is authorized within two days:
- to determine the list of goods (on commodity subcategories under UCCFEA (Ukrainian Commodity Classification for Foreign Economic Activity and countries of origin) and their average weighted customs value (calculated for the last 6 months). Exceptions are military goods, dual use and realized in the order of exchange trade;
- to form ballpark figures of customs commodity cost.
Fiscals are obliged to provide the use of these figures within two days (taking into account the effective date of the Cabinet’s regulation - this term has already come 23.09.15). The figures should be reviewed and adjusted every month before the 10th day of the month.
The Ministry of Finance of Ukraine should monitor compliance with the unified approach to control for accuracy of determining of customs commodity cost on the basis of ballpark figure.
It should be noted that section III of the Customs Code of Ukraine (hereinafter - CCU) is dedicated to customs commodity cost and methods for its determining. In particular, methods for determining of customs commodity cost imported in customs territory of Ukraine as import (and the procedure of their application) are set out in Art.57 of CCU.
The State Fiscal Service of Ukraine in its letter “On interest income taxation under deposits by personal income tax” of 14.09.15, № 8651/М/99-99-17-03-03-14 notes that revenues in the form of interest on deposit (savings) bank account are the subject to income tax.
In addition, according to fiscals with reference to subparagraph 167.5.1 of the Tax Code of Ukraine (hereinafter - TCU), the tax rate is 20%. We should point out: another norm – subpara. 170.4.1 of TCU - provides for 15% rate for such incomes, in other words this is about legislative conflict.
As for the war tax from the deposit interests, all is clear – it is withheld at 1.5% rate.
The tax agent (banking institution) withholds and transfers such payments to the budget.
The State Fiscal Service of Ukraine in its letter “On the inclusion to the tax credit of amounts of value added tax paid at the cost of travel ticket purchased via the intermediary company for sending an employee on a business trip” of 01.09.15, № 18663/6/99-99-19-03-02-15 reportes that the taxpayer, who is an agent of ticket purchasing and does not provide transportation services but only receives orders for sale of railway (air) tickets and reception (return) of funds for them, determines their tax obligation on VAT only from the value of provided services on the orders implementation for the sale of travel documents.
Such taxpayer, according to the controller, indicates in the tax invoice the cost of services provided in connection with the order, and the amount of VAT determined from their value. Thus fiscals emphasize that travel ticket could not be the basis as for determining of tax liabilities so as for tax credit formation in an agent company.
The ticket buyer, who directly used the services of transportation to be entitled to include to the tax credit the VAT indicated in the ticket under paragraph 201.11 of TCU. If the ticket was purchased for business trips of an employee, credit should be recognized on the date of approval of the report on the funds use issued for business trip or for accountability.
It should be remembered: tickets (except those which form is set by international standards) containing the total payment amount, VAT amount and tax number of the seller at the same time are the documents that give the right to receive a tax credit (subject to compliance with other rules on VAT credit forming) without receiving tax invoice (paras. 201.11 of TCU).
The State Fiscal Service of Ukraine in its letter “On exemption from payment of the unified contribution for obligatory state social insurance of individuals - entrepreneurs, who are simultaneously pensioners for years of service” of 01.09.15, № 8285/З/99-99-17-03-03-14 notes that entrepreneurs-single tax payers are exempt from payment of unified contribution for themselves if they are age pensioners or disabled people and receive a pension or social assistance under the law.
Thus, entrepreneur-single tax payer for whom the pension is granted for years of service according to the Law of Ukraine “On Pension Provision for people dismissed from military service and some other people” of 09.04.92, № 2262-ХІІ, should pay unified contribution on a general basis.
The State Fiscal Service of Ukraine in its letter “On income tax amounts of funds received of public unprofitable organization from the lease of premises” of 22.09.15, № 20075/6/99-95-42-03-15 stated that funds, obtained of public unprofitable organization from leasing premises, should not be taxable. Of course, on condition that they are directed to provide its statutory activities. Otherwise, this public organization could be excluded from the Register of non-profit agencies and organizations, and corporate income tax, penalties and interests could be charged.
The State Fiscal Service of Ukraine in its letter “On the right to use the tax benefits to the taxpayer, who has the status of war participant for participation in anti-terrorist operation” of 04.09.15, № 8397/В/99-99-17-03-03-15 states that increased size of the tax benefits for people, who have the status of participants of military operations for participating in the ATO, is not provided for in the Tax Code of Ukraine. Therefore, these persons may claim to total amount of social tax benefits - as for any taxpayer (UAH 609 – in 2015). Such benefit is applied provided that the monthly income in the form of salary does not exceed the minimum subsistence level, multiplied by 1.4 and rounded to the nearest UAH 10 (UAH 1710 is an indicated limit in 2015).
