The State Fiscal Service of Ukraine in the category 101.16 “ZIR” reported: if the VAT payer makes an adjustment calculation (AC) to the tax invoice (TI), which was drawn up and registered in the Unified Register of Tax Invoices in the form valid on the date of such registration, which did not intend the indication of the rate code, the privilege code, then in the AC:
- in line by which the line of TI (zeroing) is reversed, column 11 “rate code” and column 12 “privilege code” is not filled, since the TI form at that time did not foresee the indication in the table part of the TI rate code, the privilege code;
- it is added a new line with the indication of the new sequential number, which was not in the TI adjusted. In the line in column 11 it is indicated the rate code, in column 12 it is indicated the privilege code, which are valid on the date of adjustment.
The State Fiscal Service of Ukraine in its Individual Tax Advice “On Value Added Tax” of 20.07.2018, No. 3204/6/99-99-15-03-02-15/ІПК reminded that the “reducing” adjustment calculation made by the supplier of goods/services to the tax invoice drawn up on the recipient - VAT payer, is subject to registration by the recipient (buyer) of the goods/services in the URTI. For this, the supplier sends a compiled adjustment calculation to the recipient.
According to para.201.10 of the Tax Code Ukraine (hereinafter – TCU), registration of such adjustment calculation in the URTI should be made within 15 calendar days from the day such adjustment is received by the recipient (buyer).
It raises the question: how is the date of receipt by the buyer of the adjustment calculation to reduction of the amount of compensation for the value of goods/services?
The TCU does not provide for a mechanism for fixing the date of receipt by the buyer of such an adjustment calculation. Therefore, in order to avoid mistakes in drawing up tax reports and avoiding mistakes in the calculation in the CEA of VAT of indicator “ΣПеревищ”, registration of adjustments calculation to reduction of the amount of compensation for the value of goods/services is advised by the representatives of the fiscal department to carry out taking into account the terms defined in paras.15-16 of para. 201.10 of TCU.
Therefore, registration in the URTI should be carried out:
- for “reducing” adjustment calculations made of 1 to 15 calendar days (inclusive) of the calendar month, in which they were drawn up;
- for “reducing” adjustments calculations drawn up from 16 to the last calendar day (inclusive) of the calendar month - up to 15 calendar days (inclusive) of the calendar month following the month in which they were drawn up.
The Ministry of Justice of Ukraine in its letter “On the Procedure of State Registration and Activities of Limited Liability Companies and Additional Liability Companies in connection with the adoption of the Law of Ukraine dated 22.02.2018, No. 2275-VIII “On Limited Liability Companies” advised on issues the procedure of state registration and activities of LLC and ALC in connection with the adoption of the Law of Ukraine “On Limited Liability Companies” of 22.02.2018 No. 2275-VIII.
Thus, the list of information, which is to be necessarily specified in the statute of a limited liability company and an additional liability company, is established by Article 11 of Law No. 2275-VIII.
The Company Statute indicates the following: full and abbreviated (if any) name of the company; the authorities of the company’s management, their competence, the procedure for making decisions; the procedure for entering and leaving the company.
The Company Statute may contain other information that does not contradict the law. Such information may include provisions relating to:
- providing an additional term for repayment of debts in connection with the delay of deposit;
- procedure of the authorized capital increase at the expense of additional deposits;
- procedure of the realization of the preferential right of the company members, the distribution of the alienated share (part of the share) between the other company members, the refusal to exercise the preferential right of the company members;
- alienation of a share in the company authorized capital to other members of the company or third parties;
- payment and limitation of payment of dividends to the company members;
- audit of the financial statements of the company at the request of the participants, etc.
In addition, the administrative entity notes that the current legislation does not establish requirements for the form and content of applications for entry and exit from the company.
The National Bank of Ukraine by its Resolution “On Certain Issues of Establishing the Official Rate of Hryvnia to Foreign Currencies and Amendments to the Classifier of Foreign Currencies and Bank Metals” No. 80 dated July 19, 2018 confirmed adjustments to the method of calculating the official hryvnia exchange rate to the US dollar, updated the data sources used to calculate it and brought it closer to the time of its promulgation.
According to the decision concluded, the official exchange rate of hryvnia to the US dollar will be calculated based on information on all deals on the purchase and sale of US dollars under the terms “Tod”, “Tom” and “Spot”, which, on the day of the official exchange rate calculation, were concluded by banks in the Ukrainian Interbank Foreign Exchange Market (hereinafter - UIFEM) with other banks and with the National Bank of Ukraine, and information provided to the National Bank by trade and information systems up to 15-30 business days.
The new calculation technique provides for a two-stage system for cutting off transactions, the parameters of which for various reasons deviate from the parameters of the vast majority of transactions of the day, and, therefore, such transactions are not representative for their inclusion in the calculation of the official exchange rate of hryvnia to the US dollar. First, from the current range of transactions, all transactions are canceled, the rate of which deviates from the arithmetic mean for all transactions by more than 2%. Then it is cut off the transaction, the rate/volume of which deviates from the arithmetic average rate/volume by more than 2 standard deviations. The calculation of the official exchange rate of hryvnia to the dollar will be carried out as the weighted average under all transactions remaining after the cut off.
The official rate will be made public on the National Bank’s website to 16:00, i.e. 2 hours earlier than now.
The new principles for calculating the official hryvnia rate to the US dollar also provide for a stand-by mechanism for its calculation if the number of transactions to be taken into account for the calculation of the official hryvnia rate for any reason is less than or equal to 10% of the average daily value of the same indicator for the previous current month. Such a mechanism involves the carrying out by the National Bank of request for banks from 12.00 to 13.00 (through the function of TIC or telephone) to obtain quotations for the purchase/sale of $ 1 million and further calculation of the official rate as the usual average value of all received as a result of such a request for exchange rate quotations.
There is still no reserve mechanism for calculating the official hryvnia exchange rate to the US dollar.
The mechanism for calculating the official exchange rate of hryvnia to other currencies remained unchanged.
In addition to the official hryvnia rate to US dollar, the National Bank will also carry out a daily calculation of reference rate to US dollar. It will be calculated according to the same method as the official hryvnia rate to US dollar, however its calculation will be based on data on transactions concluded at the UIFEM to 12:00 and will be made public on the National Bank’s website to 12:30.
The introduction of a new method for calculating the official hryvnia rate to the US dollar approximates it to international standards for calculating similar indicators, and will allow the official exchange rate of hryvnia to the US dollar to be used not only for accounting purposes, but also as a benchmark for the currency market in the conclusion of agreements by market participants where foreign currency is used in the function of the reference asset.
The Ministry of Social Policy of Ukraine in its letter “On the payment of labor at night or evening time on a holiday” of 11.07.2018, No. 1217/0/101-18/28 reported that according to Art. 107 of the Labor Code of Ukraine (hereinafter - Labor Code), payment for work on a holiday for employees whose work to be paid at hourly rates should be made in the amount of double hourly rate.
According to Article 108 of the Labor Code, work at night is paid at an increased rate set by the general, sectoral (territorial) agreements and a collective agreement, but not lower than 20 percent of the tariff rate (salary) for each hour of work at night.
In a particular case, at the company, which submitted a request to the ministry, a collective agreement set an additional payment for each hour of work:
- at night - in the amount of 40 percent of the hourly rate;
- in the evening - at a rate of 20 percent of the hourly rate.
The letter concludes that for work on a holiday day at night or in the evening, an additional payment is charged without doubling, on general grounds.
Consequently, the tariff rate for work at the weekend, both in the day and at night, is doubled, and additional payment for work at night (evening) time is charged at the rate of 40 (20) percent from the usual tariff rate, and not from double weekend rate.
