The President of Ukraine signed the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the simplification of starting a business” of 15.04.14, № 1206-VII. The Law already works in November. According to its provisions, the company is not obliged to have a seal. Now it’s the right, but not an obligation. The private farms, cooperatives, commodity exchanges, collective farm enterprises, chamber of commerce and industry, credit organizations and their associations fall within the purview of the law.
There is no need to obtain the approval documents for the manufacture of seals (Art. 581 of the Commercial Code of Ukraine).
The obligatory affix of seal of the written legal action of the legal entity, enshrined in part 2 of the Art.207 of the Civil Code of Ukraine, also disappears.
Henceforth there is no need to put a seal of the legal entity, in particular, to the following documents:
- competitive bidding proposals and price quotes;
- minutes of general meeting of the shareholders, decision of the shareholders;
- the bills
- report on assessment property etc.
The Cabinet of Ministers of Ukraine by the Resolution “On Approval of the List of settlements within the territory where the anti-terrorist operation was carried out” of 30.10.14, № 1053-р promulgated the list of settlements within the territory where the anti-terrorist operation was carried out.
In its turn, the Ministry of Internal Affairs and the Ministry of Defense through the Security Service should provide the proposals on amendments to the approved list within five days as from the date of the ATO end, with the purpose of determination of the final list of the settlements where the ATO was carried out.
The State Fiscal Service of Ukraine in its letter “On payment of advance installments of privileged companies” of 04.09.14, № 3699/7/99-99-19-02-01-17 reported that the privileged companies also should pay the advance payments. Thus, there was no a word in p.57.1 of the Tax Code of Ukraine about the possibility of not paying monthly advance payments of income tax by the business entities that were on the preferential tax treatment last year.
Therefore, the taxmen assure, such privileged companies in the current year should pay the advance payments of income tax on a common basis and then they can take advantage of the Art.43 of the TCU and return the “overpayment” when submitting the appropriate application.
The Ministry of Finance of Ukraine by the Order “On Approval of the forms and Procedure of the completion and submission of the tax reporting of value-added tax” of 23.09.14, № 966 approved the new VAT return.
The new return is not very different from the previous one, but includes some nuances. In particular, the return was enriched by the lines for the reflection of the transaction, which imposed 7% of VAT. At the same time, the return disposed of some lines.
The Ministry of Finance by the Order “On Approval of the forms of tax invoice and the Procedure of completion of the tax invoice” of 22.09.14, № 957 submitted the updated form of the tax invoice. The table part of the invoice is added by the column provided for the 7% rate. The place for such rate is taken in the calculation of adjustment of figures and value indicators to the tax invoice. The form of invoice wasn’t changed significantly in all other respects.
There are more changes in the form of the tax invoice completion. First of all, they are about the completion of the invoice in applying 7% rate. Secondly, the conditional Individual Taxpayer Number “300000000000” (let us recall, that ITN is indicated now “400000000000”) should be indicated when the export delivery.
The Ministry of Finance of Ukraine by the Order “On Approval of the Form of the Register of issued and received tax invoices and rules of its procedure” of 22.09.14, № 958 submitted an updated version of the Register of issued and received tax invoices. In general, newly made document is virtually identical to the previous one. The main changes are as follows. The line “The certificate number of the taxpayer registration of value added tax” disappeared from the head of the document. Two boxes were added to the first and the second chapters of the Register, to reflect the delivery of goods, which were taxable at the rate of 7%.
The goods/services, which are not the subject to VAT taxation or exempt from it, should be indicated in the separate boxes of the chapter I of the Register “Issued tax invoices”.
The new box “The ratio used in taxable transactions” was added to the chapter II of the Register “Received tax invoices”. In addition, the purchase transactions of goods/services, which are the subject of taxation at the rates 20%, 7%, 0% and are used in the taxable transactions, are highlighted in the separate columns.
The taxpayers, who use cash-basis method, enter into the Register the tax invoice and/or the calculation of the adjustment to the tax invoice in the reporting period, the actual date of compensation is fallen on it. In addition, the letter “K” is added to the designation of the document when the cash-basis method is used.
The accounting statement, made for the tax credit adjustment arising in controlled transactions, is indicated in the Register as the document type “БО”, the letter designation “KO” is added to it. For example, БОПНЕКО when referring to the tax credit of the VAT amounts on the basis of electronic tax invoice.
The Ministry of Finance of Ukraine by the Order of 30.09.14, № 987 “On Amendments to the Regulation on the provision of documentary records in the accounting and recognition as invalid of the orders of the Ministry of Finance of Ukraine of May 16, 1996 № 99 and of March 24, 2000 № 61” canceled the directive on the procedure of the registration of issued, returned and used power of attorney to receive the values.
The Regulation on the documentary records in accounting is also added. The amendments provide the authority of business transactions (commodities and materials receipt under the contract) in the name and on behalf of the legal entities or the individuals-entrepreneurs are confirmed in accordance with the current legislation. These documents, for example, could be: a written agreement, power of attorney, act of authority of legal entity etc.
However, despite this paradox, the business entities are allowed to use self-developed power of attorney form. The only thing, the self-developed form should include the primary requisites, provided for by the ch.2, Art.9 of the Law of Ukraine “On Accounting and Financial Reporting in Ukraine” of 16.07.99, № 996- XIV.
The Ministry of Defense of Ukraine in its letter “The list of documents for granting the status of the participants in the armed hostilities to the armed forces personnel (reservists, liable for military service) and to the employees of the Armed Forces of Ukraine, who were involved in the ATO” of 24.10.14 explained that the documents for granting the status of participant in hostilities (hereinafter – PH) were prepared by the commanders of military units (agencies, subunits) or other heads of authorities, institutions.
Within one month after the end of military tasks in the ATO area to the committee of the Ministry of Defense of Ukraine for the determination of participants in hostilities they submit:
- the certificate of a person directly involved in the ATO, ensuring its implementation and protection of the independence, sovereignty and territorial integrity of Ukraine;
- extracts from the general routine orders on the departure (arrival) from the military units after the ATO tasks;
- copies of the travel order cards;
- the list of the military personnel who defended the independence, sovereignty and territorial integrity of Ukraine and directly took part in the ATO, ensuring its implementation in the vicinity of the areas of the ATO.
The documents are provided in the paper form to: 03168, Kyiv, 168, Povitroflotsky Ave., 6, Department of Personnel Policy of the Ministry of Defense of Ukraine. The lists of the military personnel are submitted in the electronic form of Microsoft Excel (version 97 - 2003) to the automated control system of the Armed Forces of Ukraine «Dnipro» Deg_dkp@dod.ua.
All the document copies are required to be certified by the signature of commander (chief) of the military unit (agencies, subunits), establishments and institutions and sealed with the official stamp.
The ATO participants, exempt from military service, should submit the documents through the committee of regional military commissariats and city military commissariat in Kyiv.
The National Bank of Ukraine by the Resolution “On amendments to the certain legislative acts of the National Bank of Ukraine” of 30.10.14, № 685 removed some foreign exchange restrictions.
In particular:
- from the payments settlement on import transactions without goods import into the territory of Ukraine;
- from the payments settlement on import contracts under which the goods were imported into the territory of Ukraine and implemented the customs clearance on the basis of import customs declarations, which issue date was more than 180 days. That is possible now to make calculations in the currency within the terms provided for by such contracts conditions;
- from the return of the dividends to the investor abroad (except dividends return on securities negotiable on the stock exchange).
