Taxes
State Tax Service of Ukraine approved the following integrated tax clarifications:
- Order of 21.12.2012, № 1158 'On Amendments to the integrated tax consultation on income tax';
- Order of 21.12.2012, № 1160 'On Approval of integrated tax consultation on how to map in a tax accounting by entities securities transactions';
- Order of 21.12.2012, № 1171 'On Approval of integrated tax consultation on features filing income tax declaration in 2013';
- Order of 21.12.2012, № 1177 'On approval of the integrated tax consultation concerning specific issues of consolidated tax invoice';
- Order of 21.12.2012, № 1179 'On Approval of integrated tax consultation on features environmental tax for emission of pollutants into the water';
- Order of 21.12.2012, № 1180 'On Approval of integrated tax consultation on the application of the provisions of the Tax Code of Ukraine regarding water use by legal entities and natural persons - entrepreneurs and single tax payers to meet only their own drinking and sanitation needs';
- Order of 24.12.2012, № 1183 'On Approval of integrated tax consultation on the procedure for determining the composition of income of entities - individuals - single tax payers';
- Order of 24.12.2012, № 1185 'On Approval of integrated tax consultation on some taxation of individuals who carry out independent professional activity (private notaries and lawyers)'.
Income tax
State tax service of Ukraine in a letter of 05.12.2012, № 10784/0/71-12/22-1117 as for the taxation of certain business transactions examined the question of taxation of income from business operations assignment and reported that the gratuitous assignment of liabilities 'obligations cost the taxpayer - the first lender in the amount determined by the contract value of goods and services for which the indebtedness in the amount of actual debt that retreat. The structure of income of taxpayer covers only the amount of its debt, which is written off (extinguished), provided that such debt was included in the costs in accordance with the requirements of the Tax Code of Ukraine (hereinafter – TCU).
State tax service of Ukraine in a letter of 25.12.2012, № 7772/0/61-12/15-1215 considered the question as for the return of an overpayment of income tax and said that since the day of false and/or the overpaid amount of income tax the taxpayer is entitled to submit to the supervisory authority application for refund of such amounts, at the conclusion of which the State Treasury of Ukraine returns money.
Value added tax
Ministry of Finance of Ukraine by order of 06.11.2012, № 1144 approved amendments to the Regulations on the Registration of VAT taxpayers.
Order came into force 18.01.2013.
State tax service of Ukraine by letter of 22.10.2012, № 4066/0/61-12/15-3115 on the use of electronic customs declarations for inclusion in the tax credit amounts of VAT in case of import of goods into the customs territory of Ukraine and removal of exchange control import operations reported that certified by stamp 'Copy. According to the original ', signed with the initials and surname, date of certification and imprint personal stamp copies of customs declarations can be recognized as a document that is the basis for the removal of exchange control import operations, and confirmation of the value added tax, which are the tax credit.
Income tax for physical entities
The State Tax Service of Ukraine in the letter of 11.12.2012, № 6888/0/61-12/17-1115 considered the question of particular tax on personal income separate unit and concluded that the tax on personal income of employees divisions (substations, workshops, production bases) who are not authorized to charge (pay) the tax on personal income, should be transferred to the budget of the location of these units.
Simplified tax system
Ministry of Finance of Ukraine by order of 11.07.2012, № 1159 amended the forms of tax declarations for single tax payer, approved by the Ministry of Finance of Ukraine of 21 December 2011, № 1688.
Order came into force 08.01.2013.
State Tax Service of Ukraine in a letter of 13.12.2012, № 3279/0/141-12/S/17-3214 on land fees for physical entities - entrepreneurs - single tax payers reported that in case when ownership of the land is arranged for physical entity (physical entity - entrepreneur) and land is used by him for business activity, such person is exempted from the calculation duty, payment and submission of tax returns from land tax (taking into account p. 291.5.3 p. 291.5 Art. 291 of the TCU).
In case of renting buildings, structures or their parts under a lease agreement simultaneously with the right of hiring building or other capital facilities (its part) the tenant is entitled to use the land on which they are located, and adjoining buildings or structures.
If the business activity of the lessor shall be necessarily due to rental property and land, such physical entity - entrepreneur (owner of residential premises) is also exempted from charges (payment) and filing of tax returns from land tax.
Environmental tax
State Tax Service of Ukraine in a letter of 27.12.2012, № 12699/0/71-12/15-2117 «On administration peculiarities of environmental tax in 2013' indicated the changes that were made to TCU, particularly in the administration of environmental tax there was changed the meaning of 'waste' which is defined in p. 14.1.223, p. 14.1Art. 14 of TCU, changed environmental tax rates stipulated by Articles 243-248 of the Code, as they increased nearly by 7.9%. Thus in accordance with p. 2 of subparagraph 5, XX «Transitional provisions' of the Code for the tax liabilities of the ecological tax arising from 01/01/2013 till 31/12/2013, inclusive, the tax rate is 75% of the rates under Articles 243-246 of the Code (in 2012 - 50%).
Payment for land
State Tax Service of Ukraine in a letter of 13.12.2012, № 3278/0/141-12/F/17-3214on land benefits for physical entity - entrepreneur indicated that if the state certificate of ownership is given in the manner prescribed by applicable law, formalized on physical entity - entrepreneur, and the land is given for business activity, such entrepreneur no later than 20 February of current year presents for STS tax return of payment for land according to the location of such land and pays rent monthly within 30 calendar days following the last calendar day of the tax (reporting) month.
Exemption on Land payment under p. 281.1 Art. 281 of the Tax Code for owners of land given to carry out business activity does not apply for physical entity – entrepreneur.
Control and responsibility
Ministry of Internal Affairs of Ukraine by order of 07.11.2012, № 1017approved Instruction for administrative offenses accounting. Instruction defines the order of creation in the internal affairs bodies of Ukraine for accounting system of administrative offenses.
Order came into force 04.01.2013.
Ministry of Justice of Ukraine by order of 26.12.2012, № 1967/5 approved the Procedure of information transfer on enforcement proceedings in the Unified state register of legal entities and physical entities - entrepreneurs. The order defines the transfer procedure from the Unified state register of enforcement proceedings to the Unified state register of legal entities and physical entities - entrepreneurs of information on enforcement proceedings required state registrars of legal entities and physical entities - entrepreneurs to verify information on the availability of open enforcement proceedings as for the legal person filed documents for the state registration of the termination of a legal entity as a result of its liquidation.
Order came into force 22.01.2013.
Work and salary
Verkhovna Rada of Ukraine adopted the Law of 16.10.2012, № 5455-VI«On Amendments to Art. 8 of the Law of Ukraine 'On the collection and accounting of single contribution for mandatory state social insurance.' In particular, it is distributed as a sum of single contributions to social insurance.
The law came into force 01.01.2013.
Verkhovna Rada of Ukraine adopted the Law of 05.07.2012, № 5067-VI «On Employment'. The Law defines the legal, economic and organizational principles of state policy in the field of employment, state guarantees to protect the rights of citizens to work and their rights to social protection against unemployment.
The law came into force on 01.01.2013 year.
Ministry of Social Policy in a letter of 26.11.2012, № 1203/13/84-12 considered the appeal on the application of Procedure for calculation of average wages for vocation pay calculation.
If employee is given vocation without pay in accordance with the law, the average daily wage for vacation time payment is made by dividing the total earnings for the past 12 months or less actually worked period before vocation by the relevant number of calendar days or lesser actually worked period, reduced by the number of holidays established by law (Art. 73 of the Labor Code of Ukraine), and the number of calendar days when the employee had vocation without pay, which was given in accordance with Art. 26 of the Law of Ukraine 'On vacation'. The obtained result is multiplied by the number of calendar days of vocation.
Pension Fund of Ukraine in a letter of 08.11.2012, the № 26026/03-20 concluded that company’s costs on employee’s rented housing is the basis for the charges and withheld.
Labour protection
Ministry of Emergencies of Ukraine by order of 26.11.2012, № 1350approved Labour protection regulations in livestock farming. Horse breeding. These rules apply to all entities regardless the form of ownership and organizational legal form, which operate on breeding horses.
Order came into force 04.01.2013.
Ministry of Emergencies of Ukraine by order of 26.11.2012, № 1351 approved occupational safety regulations for wine production. These rules apply to all entities regardless the form of ownership and organizational legal form, engaged with the production of grapes and other fruit wines.
Ministry of Emergencies of Ukraine by order of 26.11.2012, № 1352 approved occupational safety regulations on fish breeding enterprises of inland waters. These rules apply to all entities regardless the form of ownership and organizational legal form, which operate with freshwater fish breeding.
Order came into force 04.01.2013.
Ministry of Emergencies of Ukraine by order of 26.11.2012, № 1353 approved the Rules of safety in agricultural production. These rules apply to all entities regardless the form of ownership and organizational legal form, operating in agriculture.
Order came into force 04.01.2013.
Accounting
The Ministry of Finance of Ukraine by order of 25.01.2011, № 27adopted Accounting Provisions of the 'Tax difference.'
Order came into force 01.01.2013 year.
The Ministry of Finance of Ukraine by order of 11.08.2011, № 1021 amended GAAP 3 'Income Statement', in particular in sections IV and V of Income Statement provides information considering the norms stipulated by Accounting Provisions 'Tax difference' approved by the Ministry of Finance of Ukraine 25.01.2011, № 27.
Order came into force 01.01.2013 year.
Ministry of Finance of Ukraine by letter of 01.01.2013, № 31-08410-06-5/188 «As to the forms of financial statements for 2012' reported that the financial statements and consolidated financial statements for 2012 should be prepared by the legal entities (excluding banks and public bodies) and it consists of forms, established guidelines (standards) of Accounting 2 'Balance', 3 'Income Statement', 4 'Statement of Cash Flows', 5 'Equity Report', approved by the Ministry of Finance of Ukraine of 31.03.1999 , № 87, small businesses subjects – legal entities in the formats stipulated by the Regulation (standard) of accounting 25 'Financial Statements of the small businesses,' approved by the Ministry of Finance of Ukraine of 25.02.2000, № 39 (as amended the Ministry of Finance of Ukraine of 24.01.2011, № 25), registered with the Ministry of Justice of Ukraine 15.03.2000, № 161/4382.
Land and agricultural policy
Verkhovna Rada of Ukraine adopted the Law of 07.07.2011, № 3613-VI«On State Land Cadastre', which defines the legal, economic and organizational basis of activities in the State Land Cadastre.
The law came into force 01.01.2013.
The Cabinet of Ministers of Ukraine approved the decision of 17.10.2012, № 1051 'On approval of the State Land Cadastre'.
The decision came into force 01.01.2013.
The Cabinet of Ministers of Ukraine by Decree of 23.11.2011, № 1278 approved the Methodology of non-agricultural land normative monetary evaluation (except land settlements).
Decree came into force 01.01.2013 year.
State Agency of Land Resources of Ukraine in a letter of 10.01.2013, № 326/22/7-13 «On indexation normative value of land' indicated that the official value of land as of 01/01/2013, under 2012 should be indexed by a factor index equal to 1.0, which according to p. 289.2 Art. 289 of the Tax Code of Ukraine are based on the consumer price index in 2012 - 99.8%.
Securities
National commission on securities and stock market by resolution of 20.11.2012, № 1632approved amendments to the Regulation on disclosures by issuers of securities.
The resolution came into force 22.01.2013.
National Commission on Securities and Stock Market by resolution of 04.12.2012, № 1743 made amendments to some legislative acts of the State commission on securities and stock market.
The resolution came into force 25.01.2013.
National Commission on Securities and Stock Market by resolution of 08.05.2012, № 647 approved the Regulation on the procedure of administrative data creation for depository activity by securities depository and submission of relevant documents to the National commission on securities and stock market. Action of the Regulation applies to legal entities that are licensed to perform professional activity on the stock market - depository activities of securities, including who had the right to engage in professional activities during the period for which the data are submitted.
The resolution came into force 01.01.2013.
National commission on securities and stock market by decision of 08.05.2012, № 646 approved the system of directories and classifiers of National commission on securities and stock market for use by members of stock market of Ukraine.
The decision came into force 01.01.2013.
National commission on securities and stock market by decision of 22.11.2012, № 1692 approved the admission of securities of foreign issuers in Ukraine. This decision shall apply for shares, debt securities of foreign issuers and depositary receipts in respect of such securities subject to a separate decision of the Commission.
The decision came into force 22.01.2013.
Other
Verkhovna Rada of Ukraine adopted the Law of 05.06.2012, № 4901-VI «On state guarantees for the implementation of court decisions.' The law establishes state guarantees on execution of judgments and court orders, determined by the Law of Ukraine 'On Enforcement Proceedings' and their implementation.
The law came into force 01.01.2013 year.
Verkhovna Rada of Ukraine adopted the Law of 05.07.2012, № 5081-VI «On emergency medical care' that determines organizational and legal basis for citizens of Ukraine and other persons who are within its territory, for emergency medical care, including emergency situations and liquidation of their consequences, and principles for the creation, operation and development of emergency medical care.
The law came into force 01.01.2013 year.
Verkhovna Rada of Ukraine adopted the Law of 06.09.2012, № 5212-VI, which made changes to some laws of Ukraine concerning acts regulators of stock market and non-banking financial services markets
Specialists of “De Visu” Group are ready to provide consultatuons as for various issues on financial and economic activity conducting. In order to receive more detailed information you may call at the following phone numbers: (044)279-00-00, (044)279-40-00.
