The Verkhovna Rada of Ukraine passed the bill, № 4455а by a majority of votes, this bill frees from the incomes tax of the charitable assistance, which is provided during the ATO period and to December 31 of the year following a year when this assistance is completed:
- to armed forces personnel (reservists and eligible for military duty) and personnel of Armed Forces of Ukraine, National Guard of Ukraine, Security Service of Ukraine, Foreign Intelligence Service of Ukraine, State Border Service of Ukraine;
- persons in the rank and file and commanding officers, military personnel, personnel of MIA of Ukraine, Department of State Guard of Ukraine, State Special Communication of Ukraine, other military formations established under the laws of Ukraine, which defend (defended) independence, sovereignty and territorial integrity of Ukraine and those who directly participate (participated) in the ATO, in ensuring its implementation, being just in the ATO areas;
- employees of companies, institutions and organizations, which are involved and take part (were involved and took part) in the ATO area, where it is conducted, in the procedure established by legislation;
- family members of all mentioned participants in the military operations, who have suffered injury, contused wounds or other health damages, who were killed while participating in the ATO, participation in ensuring its implementation, died from the wound, contusion or severe injury received while participating in the ATO, ensuring its implementation.
The bill provided the tax advantages of income tax payment of the business entities, which provided charity support for those who participated in the ATO, and also clarified the procedure of the provision and taxation of the charity support for volunteers.
During the ATO it is allowed to include, without restrictions into other expenses of ordinary activities (pp. “a” pp.138.10.6 of the Tax Code of Ukraine), the amounts of funds or the value of special personal protective equipment (helmets, body armors made according to the military standards), surveillance technology, medicines and medical devices, personal-care products, food products, clothing allowance items as well as other goods, executed works, provided services on the list established by the Cabinet of Ministers of Ukraine, voluntarily transferred (sent) to the military.
Thus, to the Armed Forces of Ukraine, National Guard of Ukraine, Security Service of Ukraine, Foreign Intelligence Service of Ukraine, State Border Service of Ukraine, MIA of Ukraine, the State Guard Department of Ukraine, State Special Communication of Ukraine, other military formations established under the laws of Ukraine, also to these formations’ large units, military units, small units, departments and organizations financed from the state budget, for the needs of the provision of the ATO implementation.
The State Fiscal Service of Ukraine in its letter of 26.05.2014, № 9359/6/99-99-19-03-02-15 examined the request of the government enterprise on the VAT taxation of indemnity for land fee in a situation where the taxpayer of the land fee is the first company, and the tract is used by the second company made in consequence of the reorganization of the first one.
The SFS noted that the payment of such indemnity is not included in the tax assessment base and is not the subject to the VAT taxation because it is not a transaction of services provision.
At the same time, the taxmen earlier claimed in their explanation that only amounts of indemnities for land fee are not the subject for the VAT taxation, if the lessor is the budget organization. In any other circumstances the indemnity is the subject for VAT taxation on a common basis.
Therefore, in this situation, the enterprises-lessors, provided that they are not the budget organizations, should receive the individual tax consultation from the SFSU concerning VAT taxation of indemnity amounts for land fee.
The Ministry of Justice of Ukraine issued the Order “On the conducting of registration actions regarding the legal entities and individuals - entrepreneurs, whose location / residence are Donetsk and Luhansk regions” of 15.08.14, № 1355/5. There were defined a list of registration services and state registrars of legal entities and individuals –entrepreneurs, whose place of residence or location was Donetsk region or Luhansk region. The list consists of 67 items.
The National Bank of Ukraine restricted the foreign currency issuing by the Resolution “On the introduction of additional devices to stabilize the monetary and foreign currency markets of Ukraine” of 29.08.14, № 540. In particular, a bank may sell the foreign currency per one transaction day in the amount of equal value not more than UAH 15 thousand.
In addition, the withdrawal of money from banks accounts via cash and cash machines is restricted. Thus, the banks should issue the national currency in the amount of UAH 150 thousand per one person per day. But this requirement does not apply to the funds issuance, including wages, pensions, stipends and other social benefits.
The foreign currency transfers (by order of individuals) from the current account of non-trading transactions are restricted by the Resolution. Now they are carried out amounting to the equivalent:
- not more than UAH 15 thousand per 1 transaction day – without supporting documents (but with the documents confirming the source of funds for individuals - non-residents);
- more than UAH 15 thousand, but not more than UAH 150 thousand per month (on the basis of supporting documents for individuals-residents).
The last restriction of the amount does not apply to payment of expenses:
- for a treatment in foreign medical setting and transportation of patients;
- related to the death abroad;
- for studying.
The banks’ transaction day is extended by the Resolution. Now it continues to 18:00. The transactions after the end of transaction day should be reflected the next day.
The Resolution comes into force 02.09.14 and is valid till 02.12.14 inclusive.
The National Bank of Ukraine enacted a number of innovations by the Resolution “On introducing the amendments to the Resolution of the management of the National Bank of Ukraine dated August 20, 2014, № 515” of 28.08.14, № 534.
The National Bank enhanced its Resolution “On the regulation of the situation in the foreign currency market of Ukraine” by the new document of 20.08.14, № 515. This resolution provides 100% sale of foreign currency earnings of exporters (previously – 50%).
In particular, there are additional restrictions and controls by the regulator. Now the bankers are prohibited to provide loans in foreign currency to the legal entities, individuals-entrepreneurs and permanent representatives of legal entities –non-residents for the purpose of using this currency on the domestic market of Ukraine. Exception - repayment of clients’ foreign economic obligations. The regulator will apply tough sanctions for the violation of the regulations, including the revocation of the general license on foreign-exchange transactions.
The Chamber of Commerce and Industry of Ukraine reduced the number of documents, which should be provided by the applicant to confirm the force-majeure for taxes deferment. The purpose of those actions was to facilitate the performance of enterprises, which were in adverse circumstances in the east of the country.
Also, from 25.07.14, during the ATO, there is an interim tariff for services involving the force-majeure confirmation upon the request of the taxpayers, who are in the ATO area, in order to extend the deadlines of tax reporting submission and postpone the fulfillment of tax monetary obligations. Now it is reduced to UAH 240.
It is possible to get all the necessary information about the confirmation issues of the force-majeure circumstances by calling the special hotline that is opened in the CCI of Ukraine: (044) 278-28-31.
The National Commission for State Regulation of Energy by its Resolution “On the limitation of natural gas prices for industrial customers and other business entities” of 27.08.14, № 1154, by the Resolution “On the limitation of natural gas prices for institutions and organizations financed from the state and local budgets” of 27.08.14, № 1153 established a new price of natural gas for industrial customers as well as for institutions and organizations financed from the state and local budgets. This decision is entirely predictable and provides for the rising of gas prices.
In particular, from 01.09.14, the price of 1 thousand m3 is UAH 4874.00 for mentioned legal entities. Let us recall, earlier the natural gas was UAH 4724.00 per 1000 m3 for this consumers’ category.
The prices are specified excluding VAT, 2% fee as the surcharge to the current tariff of the natural gas for the consumers of all forms of ownership, tariffs for transportation, distribution and supply of natural gas at the regulated tariff.
