The Cabinet of Ministers of Ukraine by its Resolution “On Amendments to the Resolution of the Cabinet of Ministers of Ukraine dated December 27, 2010 No. 1233” of 31.10.2018, No. 891, consolidated the decision to cancel the obligation for business entities to prepare a separate report on the amount of tax benefits and submit it to the controlling body from the year 2020.
Instead, the accounting of the amounts of tax benefits received by business entities will be carried out by the controlling bodies on the basis of information available in tax declarations submitted by such entities.
Information on the amount of tax benefits in the tax reporting must contain the following data:
- the code of the benefit for each type of tax benefit, the name of benefits according to the benefits guide, the form and procedure of which are approved by the SFSU;
- the amount of tax (duty) not paid to the budget in connection with the receipt of tax privilege (tax-free funds);
- the period of using the tax benefit in the reporting period - the number, month, year of the beginning and end of the use of benefits. In case when the period of use of tax benefits is established before the beginning of the reporting period and continues after its expiration, such term coincides with the date of beginning and end of the specified period;
- the amount of tax benefit that used for the targeted purpose, - the amount of benefits of payments under the benefits guide, if the targeted use of tax benefits.
State Fiscal Service of Ukraine in its Individual Tax Advice “On some issues of payment transactions by an individual - entrepreneur when tourism activity” of 08.10.2018, No. 4307/К/99-99-13-01-02-14/ІПК considered registration of payment transactions by an individual - an entrepreneur in the realization of tourism activity, namely, the possibility of using the receipt of PO-D2.
In accordance with para. 11 of sec. II of Regulations on the conduct cash transactions in local currency in Ukraine, approved by the NBU Board dated 29.12.2017, No.148, cash received to cash registers, should be recognized on the day of receipt of cash in the full amount.
Settlement document is a document of the established form and content (cash check, trade receipt, settlement receipt, etc.), confirming the fact of the sale (return) of goods, provision of services, receipt (return) of funds, purchase and sale of foreign currency, printed in cases provided by the law, and registered in the established manner by the registrar of settlement transactions or manually filled in.
The receipt on the form No. PO-D2 was approved by order of the Ukrainian Union of associations, enterprises and organizations of consumer services of population dated 29.09.95, No. 8 “On Approval of Forms of Harsh Accountability Documents and Guidelines on their Use”, to which the SFSU sent the subject that raised that question.
However, even though the general service provision agreement applies to travel services, the tourist service is not domestic. Domestic services to the population are listed in para. 291.7 of TCU.
In addition, the receipt on the form No. PO-D2 is intended for registration of services provided in the presence of the customer. But that cannot be said about travel services, which obviously will be provided later than the contract is executed.
Consequently, the receipt form No. PO-D2 when making settlements for travel services is not applicable.
The State Fiscal Service of Ukraine in its Individual Tax Advice “On the Unified Tax for Legal Entities” of 30.10.2018, No. 4633/6/99-99-12-02-03-15/ІПК answered the question whether the unified tax to be imposed on the transaction for receiving a temporary free use of fixed assets by the unified tax payer of the third group from the resident taxpayer (individual) under the loan agreement.
The taxpayers reminded that the amount of the unified tax payer’s income includes the value of the goods (works, services) received free of charge during the reporting period (para. 292.3 of TCU).
The goods (works, services) received free of charge are considered those which are provided to the payer of the unified tax in accordance with written donation contracts and other written agreements concluded in accordance with the law, which do not provide monetary or other compensation for the value of such goods (works, services) or their return, as well as the goods transferred to the payer of the unified tax on custody and used by such a unified tax payer.
Art. 827 of TCU stipulates that under a loan agreement one party (the lender) transfers free of charge or undertakes to transfer to the other party (user) a thing for use within the established term.
Consequently, if the loan agreement defines the term of the free of charge use of the fixed assets received, and such a period does not exceed the period of their depreciation, the value of such fixed assets is not included in the income taxed by the unified tax.
The State Fiscal Service of Ukraine in its Individual Tax Advice “On the formation of a tax credit by a buyer - a budgetary institution when the purchase of goods/services, payment for which is carried out at the expense of budget funds from the State Treasury account” of 08.10.2018, No. 4316/6/99-99-15-03-02-15/ІПК stated that para.187.7 of TCU specified a special procedure for the establishment of tax liabilities in the case of the supply of goods/services with payment from the budget, and the date of the occurrence of the right to a tax credit from the taxpayer who paid for goods purchased at the expense of the budget funds, cannot be determined before the date of payment.
Representatives of the fiscal department stressed that since the supplier of goods/services, payment for which is carried out at the expense of budgetary funds, the date of occurrence of tax liabilities is the date of crediting of such funds on his/her bank account, then the tax invoice, drawn up by the date of shipment of goods, is considered false and it cannot be the basis for the formation of a tax credit by the buyer - a budgetary institution.
The State Statistics Service of Ukraine in its letter “On the coding of activities on cryptocurrency “mining” in accordance with the Classification of Types of Economic Activities (CEA (Classifier of economic activities)-2010)” of 05.10.2018, No. 14.4-09/435-18 clarified that the experts of the Working Group of the statistical organization of the European Commission recommended to classify the activities of mining and realization of cryptocurrency by the code 64.19 “Other types of monetary intermediation”, trade (exchange) of cryptocurrencies – by the code 66.19 “Other supporting activities in the field of financial services, except insurance and pension provision” CEA.
At the same time, the State Statistics Committee also noted that СEA is a statistical tool for the organization of economic information. Code of the type of activity does not create rights or obligations for enterprises and organizations, does not cause any legal consequences for them. Any use of CEA for non-statistical purposes (administrative or regulatory) is carried out by the users individually according to their own rules, being responsible for this and appropriately explaining such use.
In its turn, the Administration of State Communication Service in its letter of 19.06.2018, No. 04/02/02-1909 clarified that, in accordance with the provisions of the CMU resolution dated 16.11.2016 No. 821 “Certain issues of licensing of economic activities for the provision of services in the field of cryptographic protection of information (in addition to electronic digital signature services) and technical protection of information according to the list determined by the Cabinet of Ministers of Ukraine”, the cryptocurrency mining does not apply to licensed types of services, and the Administration of the State Service of Communications did not consider the issue of the introduction of a license on this type of activity.
The National Bank of Ukraine by its Resolution “On Approval of Amendments to the Regulation on the Implementation by the Banks of Financial Monitoring” of 01.11.2018, No. 116 amended the Regulations on the implementation by banks of financial monitoring and gave individuals the opportunity to receive remotely not only administrative but also banking services (for example, opening an account). To this end, the mechanism of remote identification of customers of banks through the BankID System of the NBU is being implemented.
This mechanism provides that for the first time the identification of an individual should be carried out in the presence of one of the participating banks, and after that, this individual will be able to order services and services on the website of any company or bank connected to the BankID System of the NBU. Its identification will be conducted remotely at the level of the banks in which it is serviced (bank-to-bank). This, for example, will enable banks’ clients to remotely open accounts without necessity to visit the bank’s branches.
At the same time, for the provision of banking services, the mandatory conditions are the fulfillment of the requirements of financial monitoring, namely: verification of identification data received from different sources (EDS/qualified digital signature, BankID System of the NBU, copies of documents downloaded to the site of the service provider and signed by client’s EDS).
Responsibility for the proper implementation of the identification and study of the client in accordance with international standards and legislation of Ukraine falls on both bank which made identification and the bank using the information received through the BankID System.
From its part, the bank is obligated to ensure proper risk management in its activities in order to prevent the use of the services it provides for the legalization of criminal incomes and the financing of terrorism.
In addition, the National Bank improved the procedure for approval of the responsible for the implementation of financial monitoring of bank employees.
