The Cabinet of Ministers of Ukraine has informed that according to the Law of Ukraine “On Ensuring the Functioning of the Ukrainian Language as the State Language” of January 16, 2021, all service providers, regardless of ownership, must serve consumers and provide information on goods and services in Ukrainian. This was announced by Taras Kremin, the Commissioner for the Protection of the State Language.
“From January 16 next year, the service sector must use the state language one hundred percent,” he said.
Taras Kremin has reminded that a number of provisions of the language law have already entered into force: “From January 16, 2020, the advertising, including political, should be only in Ukrainian. From July 16 – names of airports, stations, stops, technical and project documentation, language of office work, document circulation, correspondence and reporting of legal entities. From September 1, all schools were to switch to Ukrainian.”
He has stressed that the language law is not an obstacle, but an additional opportunity for business. “As we can see, the responsibility of business and respect for Ukrainian legislation receives huge public support," he said, noting that the audio guide in Ukrainian appeared in the Vienna Museum of Art History, the transliteration of Kiev to Kyiv in the English-language Wikipedia was changed.
“Such initiatives will have prospects,” the Commissioner concluded.
The State Tax Service of Ukraine in category 116.12 “ZIR” has answered the question “Do the statute of limitations set by the Tax Code for the calculation of tax liabilities apply to the terms of penalties for violation of the terms of accounting (registration) or changes to accounting data in regulatory authorities, including for failure to submit / late submission of notice under form № 20-ОПП?”
In accordance with item 117.1 of the Tax Code of Ukraine (hereinafter – Tax Code) failure to submit in time and in cases provided by Tax Code, applications or documents for registration with the relevant supervisory authority, registration of changes in location or other changes to their accounting data, failure to submit corrected documents for registration or amendment, submission with errors or incomplete package, failure to provide information on persons responsible for accounting and/or tax reporting, in accordance with the requirements established by the Tax Code - entail the imposition of a fine on self-employed persons in in the amount of UAH 340, for legal entities, separate subdivisions of a legal entity or a legal entity responsible for accrual and payment of taxes to the budget during the implementation of the agreement on joint activities - UAH 1020.
If such violations are not remedied or for the same actions committed during the year by the person to whom the fines were applied for such a violation a fine of UAH 680 will be imposed on self-employed persons, and in the amount UAH 2 040 - on legal entities, separate divisions of the legal entity or the legal entity responsible for accrual and payment of taxes to the budget during the implementation of the agreement on joint activities.
According to item 114.1 of the Tax Code, the deadlines for the application of penalties (financial) sanctions (fines) to taxpayers correspond to the statute of limitations for the calculation of tax liabilities specified in Art. 102 of the Tax Code.
Item 102.1 of the Tax Code establishes that the controlling body, except for the cases specified in item 102.2 of Art. 102 of the Tax Code, has the right to conduct an audit and determine the amount of monetary obligations of the taxpayer in cases specified by the Tax Code, no later than 1095 days (2555 days in the case of audit of a controlled transaction in accordance with Article 39 of the Tax Code), which occurs on the last day the deadline for filing a tax return, the report on the use of income (profits) of a non-profit organization, defined in item 133.4 of the Tax Code, and/or the deadline for payment of monetary liabilities accrued by the controlling body, and if such tax return was filed later – on the day of its actual submission.
If during the specified period the controlling body does not determine the amount of monetary obligations, the taxpayer is considered free from such monetary obligation (including from the accrued penalty), and the dispute concerning such return and/or tax notice is not subject to administrative or legal procedures.
Therefore, until the application of fines for violation of the terms of accounting (registration) or amendments to the accounting data in the supervisory authorities, including for failure to submit/late submission of notification of objects of taxation or objects related to taxation or through which the activity under form No. 20-ОПП, the statute of limitations set by the Tax Code is applied for accrual of tax liabilities.
The State Tax Service of Ukraine in category 109.13 “ZIR” has clarified whether the restriction on the maximum amount of payments in the amount of UAH 50,000 for the payment of dividends applies.
According to item 6 of Chapter ІІ of the Regulation on conducting cash transactions in national currency in Ukraine, approved by Resolution of the NBU Board No. 148 of December 29, 2017 (hereinafter – Resolution No. 148), business entities have the right to make cash payments within one day on one or more payment documents, in particular, with individuals – up to UAH 50,000 (fifty thousand) inclusive.
Business entities in case of withdrawal of cash from current accounts for the purpose of cash settlements with individuals are obliged to provide at the request of the bank (subsidiary, branch) supporting documents on the basis of which such cash settlements take place, required by the bank (subsidiary, branch) to study the client taking into account the risk-oriented approach.
Payments in excess of the established limits are made through banks or non-bank financial institutions/legal entities that are not financial institutions, but have the right to provide certain financial services that have been licensed to transfer funds in national currency without opening an account by transferring funds from the current account to the current account or depositing funds in a bank or non-banking institution for their further transfer to current accounts in the bank. The number of businesses and individuals with whom cash payments are made during the day is not limited.
Requirements for limiting cash settlements of an individual with an enterprise (entrepreneur) in the amount of UAH 50,000, established by ite, 6 of Chapter ІІ of Resolution No. 148, concern settlements on transactions, the subject of which is any tangible and intangible benefits that can be assessed in cash, including payments of dividends by business entities to individuals.
The State Tax Service of Ukraine in individual tax consultation No. 3835/ІПК/99-00-04-05-03-06 of September 14, 2020 has answered the question what to do with the withheld personal income tax (hereinafter – PIT), if the employer paid for health insurance and the employee was fired.
Insurance payments (insurance premiums) paid by employers under voluntary health insurance contracts for employees are included in the taxable income of such employees and are subject to personal income tax and military duty.
However, what to do when the company pays insurance premiums to the insurance company on a quarterly basis for employee health insurance, and when the employee is fired, the health insurance contract is terminated.
Is it legal to pay the dismissed employee the amount of overpayment of PIT deducted from income in the form of additional benefits, by reducing the company's obligations as a tax agent to pay PIT to the budget in the tax period of final settlement with the dismissed employee?
The list of income that is included in the taxable income of the taxpayer includes, in particular, the amount of insurance payments (insurance premiums) under voluntary health insurance contracts paid by any resident resident for the taxpayer or in his favor, except as provided in paragraphs “a” – “c” item 164.2.16 of the Tax Code.
At the same time, the employer and/or tax agent has the right to recalculate the amounts of accrued income, withheld tax for any period and in any case to determine the correctness of taxation, regardless of whether the taxpayer is entitled to social tax benefits (item 169.4.3 of the Tax Code).
However, since the payment of insurance payments by a legal entity is a payment for medical services that a natural person-employee has the right to use, if the employee does not actually receive funds, in case of dismissal the legal entity recalculates the accrued income and PIT, the result of which is reflected in form No. 1ДФ. Thus the bases for return of the personal income tax to the employee by legal entities don't arise.
The National Commission on Securities and Stock Market by Decision No. 319 of June 25, 2020 approved a new Regulation on the procedure for certification of stock market specialists (hereinafter – Regulation No. 319). Certification of persons who carry out or intend to carry out professional activities in the stock market, in accordance with the Regulations on the procedure for certification of stock market specialists, approved by this decision, is carried out starting from September 1, 2021.
Persons who, as of August 31, 2021 have qualification certificates obtained in accordance with the previous Regulations on the procedure for training and certification of stock market specialists, approved by Order No. 215, who continue or intend to continue to operate in the stock market starting from September 1, 2021, in accordance with the procedure established by Regulation No. 319 must be re-certified before the expiration of such qualification certificates in order to obtain a new qualification certificate.
According to the new rules, the certification system is divided into two levels: initial certification and re-certification. The initial certification is to pass a qualifying exam in the relevant field of qualification and is mandatory for persons who intend to carry out activities related to the direct conduct of professional activities in the stock market. The initial certification is passed by persons who receive a qualification certificate for the first time, or whose previous qualification certificate expired more than seven years ago.
Re-certification consists in passing a shortened qualifying exam in the relevant field of qualification and is mandatory for persons who:
1) plan to continue to carry out actions related to the direct conduct of professional activities in the stock market, after the expiration of the previous qualification certificate;
2) have a qualification certificate, but are going to carry out actions related to the direct conduct of professional activities in the stock market, in another area of qualification.
The Kyiv City Employment Center has reported on whether the employer have the right to refuse to accept a temporary disability leave if it doesn’t not indicate the disease code.
If the temporary disability leave does not contain information about the diagnosis and the ICD-10 code, this cannot be a ground for refusing to pay for it. The cause of disability can be found using the code underlined in the appropriate column.
In accordance with item 3.2 of the Instruction on the procedure for filling out the temporary disability leave, approved by Order of the Ministry of Health of Ukraine, Ministry of Labor and Social Policy of Ukraine, Social Insurance Fund for Temporary Disability, Social Insurance Fund for Accidents at Work and Occupational Diseases of Ukraine No. 532/274/136-ос/1406532 of November 3, 2004 in the column “Primary diagnosis” the doctor indicates the primary diagnosis on the first day of issuance of the temporary disability leave.
In the column “Final diagnosis” the doctor indicates the final diagnosis, and in the column “ICD-10 code” – the diagnosis code in accordance with Tenth Revision of the International Statistical Classification of Diseases and Related Health Problems, adopted by the 43rd World Health Assembly on January 1, 1993 year (hereinafter – ICD-10).
The primary diagnosis, the final diagnosis and the ICD-10 code are indicated only with the written consent of the patient. Otherwise, the primary and final diagnoses and the ICD-10 code are not specified.
