Legislative Review

4 – 7 March 2013. Approved the Register of non-profit agencies and organizations

The Cabinet of Ministers of Ukraine registered in the Verkhovna Rada a draft of law № 2409 of 26.02.2013 which is proposed to simplify the procedure of state registration of the termination of business of individuals - entrepreneurs (hereinafter - IE) with no employees, to address them. So, such a person or an authorized person shall be submitted to the state registrar in person (sent by mail) a registration card for state registration of the termination of business of IE.

The Verkhovna Rada of Ukraine registered the draft of law № 2452 of 04.03.2013, which provides for an increase in the minimum duration of paid leave from 24 calendar days per year to 28. The authors of the project said that acting on today 24-day rule does not meet the European standards of labor law. Also suggested, that the duration of annual leave for the third group of people with disabilities, workers of metallurgical, mining and certain industrial sectors.

The Ministry of Finance of Ukraine by the order № 37 of 24.01.2013 approved the Regulation on the Register of non-profit agencies and organizations that provide that such a register - an automated system for the collection, storage and processing of non-profit enterprises, institutions and organizations and their separate units, some paragraphs 14.1.121 14.1 of Art. 14 p. I of the Tax Code, the proceeds of which, according to the Art. 157 p. III of the Code, shall be exempt from payment of income tax.

The Ministry of Finance  of Ukraine by order of 12.12.2012, № 1316 approved the procedure of examination and re-examination of the goods, transportation facilities for commercial use, which describes the actions of customs officials in the organization, conduct and results of the design examination and re-examination of goods, transportation facilities for commercial use. Customs official, tasked with the examination, inform the owner of the goods or the person authorized by him or the driver of the transportation facilities in  operations with goods commercial transportation facilities within 10 minutes after receiving orders to conduct the inspection.

The Ministry of Health and Ministry of Interior by the order № 65/80 of 31.01.2013 approved the Regulations on the medical examination of candidates for the drivers and motorists. Thus, such examinations are divided into: preliminary, periodic, every pre-trip and after-trip inspections.

The National Commission of  the state regulation of the financial services by the order № 287 of 24.01.2013 ordered the insurers, established in the form of joint stock companies, with the annual accounts to submit the report on corporate governance. These changes are made to the order of drawing up the accounting data of insurers.

National Bank of Ukraine by the letter № 28-311/699/2529 of 28.02.2013 said that in case of the authorized banks of the official information of customs authorities to better data on export and import operations of its clients, in particular sheet adjustments, which are decorated in a change customs declarations, the banks should consider this information in the control of the relevant export or import transactions.

State Tax Service of Ukraine by the letter № 2787/6/15-3115 of 25.02.2013 said that if the advance payment (deposit) on the operation of delivery of software products by the taxpayer received in 2012, and the signing of the Act for the supply of such products, and the final settlement took place in 2013, the imposition of VAT is part of the cost of program production, which has been paid to the supplier in 2012. The remainder value, paid in 2013, is exempt from

State Tax Service of Ukraine by the letter № 3826/7/15-3317 of 15.02.2013 noted that the receipt of funds from the state budget or local entity to reimburse the costs of the free transportation of passengers entitled to benefits in the suburban and urban transport, the company must reflect on a certain order.

State Tax Service of Ukraine by  the letter № 1389/6/15-3115 of 29.01.2013 provide the explanations on the added tax cost of the operation to return the equipment from non-residents in the operational leasing.

State Tax Service of Ukraine by the letter № 2301/6/15-33-15 of 15.02.2013 reported that the flax fiber, manufactured or not manufactured, but not spun, tow and waste of flax (including yarn waste and frayed raw materials) are not agricultural products, according to the tax code, so its supply operations should be reflected in the declaration on the value added tax, which is used for the payment of this tax in the budget.

The State Customs Service by the letter № 11.1/3-16.3/1961-EP of 28.02.2013, recalled that according to  the Act № 5038-VI of 04.07.2012 “On amendments to some Ukrainian laws on import licensing of medicines and the definition the 'active pharmaceutical ingredient'” amends Art. 17 of the Law 'On medicines', according to which the territory of Ukraine may be imported medicines, when available, in particular, import licenses for medicines (this provision came into force on 1 March  2013).

The State Customs Service by te letter № 12/2-12.2/490 of 06.02.2013 noted that the exemption from VAT of the supply of software products does not apply to the operation of software products for the import into the customs territory of Ukraine in the Customs import. Taxation of this category of goods import tax to the customs territory of Ukraine in the Customs import is carried out under.

Contact with the experts GC 'De Visu' for advice on various aspects of financial activities by phone in Kyiv: 8 (044) 279-40-00, 8 (044) 279-00-00.

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