Taxes
Value Added Tax
The Ministry of Revenue and Duties of Ukraine by its Order of 29.11.2013 № 724 approved the Guidelines on Comprehensive Testing of VAT payers that form a tax credit for the tax invoices that are not registered in the Unified Register of Tax Bills.
The Ministry of Revenues and Duties of Ukraine by the Letter № 15312/6/99-99-19-04-01-15, of 13.11.2013 stated that in case of import of goods into the customs territory of Ukraine to the tax credit of the reporting period is included the paid amount of VAT, determined on the basis of the customs value, including duties and excise taxes.
Other taxes and duties
The Ministry of Revenues and Duties of Ukraine by order № 702 of November 22, 2013, approved the Generalized tax advice on property taxation, which becomes the property of the bank by a court decision at a foreclosure of financial institution on the property of property guarantor for failure to fulfill the debtor’s obligations under the credit agreement.
The Ministry of Revenues and Duties of Ukraine by order № 701 of November 22, 2013, approved the Generalized tax advice regarding the taxation of sum of insurance compensation which at insured event approach with the subject of the pledge (car) is paid by the insurance company under a contract of the bank to the beneficiary, and not to an individual who has received in the bank credit under such car.
The Ministry of Revenues and Duties of Ukraine by order № 699 of November 22, 2013, approved the Generalized tax advice on certain issues of application of the tax legislation norms on transfer pricing in which responded to several questions, particularly regarding the filling and submitting of reporting about the inspection operations, determination of controlled operations amount, liability for violations of legislation.
The Pension Fund of Ukraine in the Letter № 27154/03-30 of 11.10.2013 recalled that since August 2013 monitoring of compliance with legislation on the collection and keeping of records of a single fee, correctness of accruals, calculation, completeness and timeliness of the payment of a single fee carries by the Ministry of revenues and duties of Ukraine. In its turn, the Pension Fund are required to perform under its jurisdiction control over the accuracy of information submitted in the register of insured persons of the State Register of compulsory social insurance as well as accuracy of accruals, calculation and payment of contributions to the compulsory pension insurance for period since 2004 to 2010 years.
The Ministry of Revenues and Duties of Ukraine by order № 728 of November 29, 2013, canceled the order № 242 of the STA of Ukraine of 03.05.2006 “On approval of format (standard) of electronic document of taxpayers’ reporting” with changes and amendments introduced by the orders of the STA of Ukraine № 670 on December 5, 2007, № 90, dated on February 11, 2011 and by order № 561of the Ministry of revenues and duties of Ukraine, dated on October 9, 2013.
The Ministry of Revenues and Duties of Ukraine by the order № 696 of 22.11.2013, approved the form of the Act on the conducting by non-resident of economic activity through a permanent establishment in Ukraine without tax registration.
The mentioned document is drawn up in the case of findings by supervisory authority by the results of tax control of conducting by non-resident of economic activities through a permanent establishment in Ukraine without tax registration and sent through the competent authorities of Ukraine to the foreign competent authority for penalty events.
The Ministry of Revenue and Duties of Ukraine by its Order of 27.11.2013 № 717 approved the Procedure for formation of the Register of large taxpayers.
Customs policy
The Cabinet of Ministers of Ukraine by the Resolution № 879 of 04.12.2013 approved:
- Procedure for application of guaranteeing measures during the removal in the customs regime of processing outside the customs territory of goods, by-products of which are required to return to the customs territory of Ukraine and the release for free circulation;
- List of processed products and goods placed under the customs regime of processing outside the customs territory, by-products of which are subject to mandatory return to the customs territory of Ukraine and the release for free circulation;
- List of remains of processing products formed as a result of their processing operations outside the customs territory of Ukraine and subject to mandatory return to the customs territory of Ukraine and the release for free circulation;
- Minimum value ratio Ukrainian and foreign goods for certain categories of goods subjected to processing operations outside the customs territory of Ukraine.
Control and responsibility
The Ministry of Internal Affairs of Ukraine by its order of 19.09.2013 № 904 approved the Amendments to the Road Transport of Dangerous Goods Rules, which, in particular, determine a list of documents that should be during carriage dangerous goods on transport unit.
The State Architectural and Construction Inspectorate of Ukraine by the letter № 40-16-6307 of 29.11.2013 recalled that the State Architectural Control is carried out on the territorial principle (within regions) in order of scheduled and unscheduled inspections.
Inspectorates conducted scheduled inspections of urban planning subjects not more often than 1 time in half-year period. In addition, the State Architectural and Construction Inspectorate of Ukraine clarified that from the moment of receiving by the customer of construction of a document that gives the right to implementation of construction work to the loss of such right, the subject is under construction and is controlled.
The State Architectural and Construction Inspectorate of Ukraine by the letter № 40-16-5053, dated 03.10.2013 recalled that in accordance with par. 9 of the Procedure for construction works conducting the customer according to the law is responsible for the completeness and accuracy of the data specified in filed by him the declaration on the beginning of construction works. The customer has the right to independently choose how to verify the accuracy of data which it brings in declaration. In particular, it is not denied the right to apply to the relevant competent authority for planning and architecture for coordination of questions regarding to the issuance of city planning conditions and restrictions.
The Ministry of Justice of Ukraine by the order № 2541/5 of 29.11.2013 approved the Regulations on conducting of inspections in the field of insurance fund of documentation of Ukraine which defines the organizational framework and procedure for conducting of inspections by State Archival Service of Ukraine on compliance with legislation in the sphere of creation, formation, maintenance and use of the insurance fund of documentation by subjects of the state insurance fund system of documentation.
This Regulation shall apply to the activities of ministries and other central and local executive authorities, authorities of ARC, local governments, legal entities and individuals engaged in the preparation and supplying of documents for the formation and maintenance of the insurance fund of documentation of Ukraine.
The Verkhovna Rada of Ukraine adopted and the President signed the Law № 693-VII of 19.11.2013, which strengthens the administrative responsibility for the driving under the alcoholic, narcotic or other intoxication. In particular, it is envisaged that the driving under the alcoholic, narcotic or other intoxication entails imposition of penalty on drivers from 200 to 350 of nontaxable incomes of citizen (before – from 150 to 200 of nontaxable incomes of citizen) or disqualification from driving for a period of 1 to 2 years, or administrative arrest for the term from 7 to 10 days.
The Cabinet of Ministers of Ukraine by the Resolution № 870 of 30.10.2013 approved the Standard procedure for issuing of permits for disturbance of improvement objects or denial of issuance, renewal, issuance of duplicate, revocation of permits, the action of which apply to legal entities and individuals-entrepreneurs engaged on disturbance of improvement objects associated with the earthwork operations and/or remedial works.
The Cabinet of Ministers of Ukraine by the Resolution № 877 of 04.12.2013 approved the Procedure for the provision by the Cabinet of Ministers of permission on the use of a patented invention (utility model) concerning the medicinal product. By approved procedure is determined the procedure for granting by the Cabinet of permission to use the patented invention (utility model) concerning the medicinal product without the consent of the patent holder and with payment of the compensation.
The Ministry of Energy and Coal Industry of Ukraine by order № 772 of 23.10.2013, approved labour protection regulations in the manufacture of printed circuit boards, which apply to all entities regardless of ownership and organizational forms which engaged in the production of printed circuit boards. This Regulation establishes the requirements for labor safety during production of single-sided, double-sided and multilayer printed circuit boards.
The Ministry of Energy and Coal Industry of Ukraine by order № 797 of 29.10.2013, approved Safety Regulations for pressing and finishing of parts of plastic production that apply to all entities regardless of ownership and organizational forms which engaged in production of plastic products. These Regulations set out requirements on labor protection in pressing and finishing of parts of plastic.
Labour and salaries
The Ministry of Social Policy of Ukraine by the letter № 398/13/116-13 of 10.09.2013 examined issue of granting to pedagogical employees of leave for irregular working day and stated that in its opinion, is not seen reason to provide to extracurricular teaching staff of educational institutions over the basic annual leave duration of 42 calendar days of the additional annual leave for irregular working day.
The Ministry of Social Policy of Ukraine by the letter № 176/021/150-13 of 07.10.2013, informed that according to part 2 of the Article 53 of the Law of Ukraine “On Employment” in the event of nonfulfillment by the employer during the year of quotas for employment of citizens indicated in Article 14 of this Law, to it apply fines for each unjustified refusal of employment of such persons within the relevant quotas at twice of the minimum wage established at the time of detection of violations. Imposition of penalty is carried out by the competent authority for the implementation of government policy on state supervision and control over observance of the legislation on employment of population in the procedure approved by resolution № 509 of the Cabinet of Ministers of Ukraine on 17 July 2013.
Securities
National Securities and Stock Market Commission of Ukraine (NSSMC) by decision № 2410 of 24.10.2013 amended the Procedure on approval of candidates of heads of stock exchanges and depositories and requirements for such leaders during their tenure, which, inter alia, provides that NSSMC will make a decision on approval of candidates of executives of stock exchanges or securities depositories in a period not exceeding 30 calendar days (previously – 30 working days) from the date of the relevant application and documents, the list of which is set by paragraph 3 of sec. II of this procedure. In addition, were made changes to the Rules (conditions) of activities related to securities trading: brokerage, dealing and underwriting, securities management.
National Securities and Stock Market Commission of Ukraine (NSSMC) by decision № 2516 of 05.11.2013 approved the Regulations on the competition for determine of the stock exchanges on which can be carried out a public offering of bonds of international financial organizations.
National Commission on Securities and Stock Market (NCSSM) by its Decree of 19.11.2013 № 2605 approved the Procedure for termination of a mutual fund, which defines the procedure for the liquidation of a mutual investment fund (hereinafter - the Fund) and payments to the participants over liquidation, workflow and organizational measures to be taken to prepare for and conduct of the liquidation of the Fund, the order of cancellation of registration (issues) investment certificates, Prospect (Prospect) issue investment certificates and revocation of certificates (certificates) for registration of issue (issues) investment certificates in the event of termination of the Fund or recognition by NCSSM of investment certificates as that did not happen, and also procedure for information about the Fund exclusion from the Unified State Register of collective investment institutions.
National Commission on Securities and Stock Market by its Decree of 17.12.2013 № 2892 amended its Decree of 09.01.2013 № 1 'On Approval of the Regulation on Prudential Norms of Professional Stock Market Activities - activity of institutional investors' assets (Asset Management)', according to which norm of this Regulation, which provides that the asset management company and the person conducting the activities of pension management , carry out continuous compliance with prudential regulations that limit the risks of professional stock market activities in the activity, will come into force on 1 July 2014 instead of 1 January 2014.
National Commission on Securities and Stock Market by its Decree of 26.11.2013 № 2674 determined that Financial and Banking Treasury Bills might be issued as electronic documents.
Financial Services Market
National Commission for the State Regulation of Financial Services Markets (NCSRFSM) by its Regulation of 28.11.2013 № 4370 approved the Methodology for determining the price of insurance rate. The document specifies the procedure for determining the insurance rate in controlled transactions. Methodology applies to entities that are under the law are insurers residents. In particular, it is envisaged that during signing of contracts by voluntary insurance, insurers use insurance rate, calculated actuarially (mathematically) on the basis of a statistical insured event. The insurance rate is a component of insurance rules developed for each type of insurance separately and registered in NCSRFSM.
Others things
The National Bank of Ukraine by its letter of 17.12.2013 № 67-008/28340 explained the item of determining by bank its notes contaminated with chemical and radioactive substances, any toxic organic substances affect or may adversely affect human health.
The National Bank said that this requirement concerns currency notes that have been contaminated as a result of industrial accidents (chemical, radioactive nature , etc.) for industrial and other facilities and banknotes contaminated with toxic organic products biological ( excrement , the remains of the dead, etc. ) that affect or may affect human health.
The National Bank of Ukraine by its Resolution of 24.12.2013 № 536 determined that in I quarter of 2014 transactions in the interbank currency market of Ukraine shall be made by him in the form of:
- intervention on a single rate for smoothing of excessive fluctuations of exchange rate - according to the interbank currency market of Ukraine situation;
- targeted interventions - in case of urgent needs of national significance.
The Ministry of Infrastructure of Ukraine by the order № 923 of 15.11.2013 approved the changes to the Procedure for regulating in activities of bus stations, which, in particular, specifies requirements for the passport of station. Also referred passport will be required to apply for bus stations certification in State Inspectorate of Ukraine on security in land transport.
The Ministry of Infrastructure of Ukraine and the Ministry of Agrarian Policy and Food of Ukraine by joint order № 961/707 of 29.11.2013 approved specialized form of consignment note when transporting timber by road transport (consignment note-forest) and instructions for its completion.
Consignment notes when transporting timber by road transport at the approved form are mandatory for state forest enterprises (units: forestry, warehouses, shops) in accounting, primary delivery and transportation of timber by road.
The Verkhovna Rada of Ukraine by the Law № 661-VII “On Amendments to the Land Code of Ukraine on cheapening of cost of works on preparation and holding of land auctions” of 24.10.2013 established that the amount of remuneration of land auctions administrator should not exceed 2000 of nontaxable incomes of citizen (34000 UAH).
By the previous version of the Land Code of Ukraine the limiting amount of such remuneration was set at 3500 of nontaxable incomes of citizen (59500 UAH).
It is also specified that the administrator of land auctions in the legally prescribed time publish announcement date of the auction and the list of lots on the official website of the State Agency of Land Resources of Ukraine. Organizer of land auctions on this website should post the video recording about the trades and message about their results.
The Verkhovna Rada of Ukraine by the Law № 671-VII “On Amendments to Article 6 of the Law of Ukraine “On the Procedure for departure from Ukraine and entry to Ukraine of citizens of Ukraine”, dated 05.11.2013, determined that the calling up for military service is excluded from the list of grounds for the refusal to foreign passport issue of a citizen of Ukraine for travel abroad.
State Nuclear Regulatory Inspectorate of Ukraine by its Order of 28.11.2013 № 136 approved the Procedure of dismissal of nuclear power plant sites from regulatory control after the completion of the decommissioning, which set the criteria , requirements and procedure for the nuclear power plant sites from regulatory control after the completion of the work provided for project decommissioning of nuclear power plants (hereinafter - the release of nuclear sites from regulatory control ) as well as requirements for the type and scope of regulatory control in the planning , implementation and completion of the work associated with the release of nuclear sites from regulatory control.
National Commission for the State Regulation of Energy by its Order of 28.11.2013 № 1500 approved the Procedure for determining the regulatory asset base entities engaged in the distribution of natural gas, the effect of which apply to entities that are licensed to conduct business on distribution of natural gas and petroleum gas ( methane) from coal deposits .
This Procedure establishes a mechanism for determining licensees regulatory asset base and provides for the definition of groups of fixed assets licensees that are part of the regulatory framework for asset, its useful lives and how they could be accounted for the calculation of the required income from the distribution of natural gas.
National Commission for the State Regulation of Energy by its Order of 28.11.2013 № 1499 approved the Procedure for setting tariffs for the transportation of natural gas by distribution pipelines based on years of incentive regulation, the effect of which applies to business entities engaged in the distribution of natural petroleum gas and natural gas (methane) from coal deposits by pipelines.
The Ministry of Finance of Ukraine by order № 947 of 14.11.2013 approved the Regulations on accounting of inventories of budgetary institutions and amendments to some legislative acts on accounting of budgetary institutions.
The Cabinet of Ministers of Ukraine by its Resolution of 18.12.2013 № 904 decided to make public external borrowing by issuing bonds of foreign government bonds in 2013. Also approved the terms of the bond issue of foreign government bonds in 2013, which provides that the bonds are issued in the amount of U.S.$3.000 million with a par value of one bond of U.S.$200 thousand and/or larger amounts, which are integer multiple of one thousand U.S. dollars.
The Cabinet of Ministers of Ukraine by its Resolution of 11.12.2013 № 912 defined the limit of the quota sugar supply to the domestic market (quota 'A') for the period from 1 September 2014 to 1 September 2015 in the amount of 1811 thousand tons.
In addition, have been approved minimum price for sugar beets which will be delivered on 1 September 2014 to 1 September 2015 for sugar production within quota 'A'
The Cabinet of Ministers of Ukraine by the resolution № 890 of 04.12.2013 approved the Procedure for maintaining of registers of vehicles, from which paid environmental tax for the utilization of vehicles taken out from use, and vehicles that are within the exemption of this tax.
These registries are created for the accumulation, storage, control over the accuracy of the information about issuing at the location of vehicle registration of a duplicate certificate of payment of tax for environmental disposal of vehicles taken out of use or certificate of exemption from tax to the owner of this vehicle in the event of loss or damage.
The Ministry of Economic Development and Trade of Ukraine by the Order № 1321 of 11.11.2013 approved the Procedure for complaints handling against the decision of the authorized authority on necessity to eliminate of violations of the principles of state regulatory policy in the sphere of economic activity. Approved procedure was developed to ensure the timely handling of complaints against the decision of the authorized authority on necessity to eliminate of violations of the principles of state regulatory policy in the sphere of economic activity and compliance with the requirements of Art. 29 of the Law “On fundamental principles of regulatory policy in the sphere of economic activity”.
The National Bank of Ukraine by Resolution № 458 of 18.11.2013 approved the amendments to the Regulations on interbank funds transfer in Ukraine in local currency, which, in particular, reduced the list of documents required for opening of correspondent account of the bank. For example, for opening of correspondent account the bank manager, chief accountant will be required to submit to the territorial department of the NBU at the location of the bank only the following documents:
- an application for opening of correspondent account in the National Bank;
- card with the samples of signatures and seal of the bank, notarized (the number of copies agreed between the parties);
- a copy of an extract from the Unified State Register of legal entities and individuals-entrepreneurs, which contains information on the legal entity, notarized or certified by the territorial administration.
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