Legislative Review

December 17 – 21, 2018. The IMF made public a memorandum with Ukraine on economic and financial policies under the new program for 2018-2020

The State Fiscal Service of Ukraine in the category 101.16 “ZIR” reported on the procedure for filling in the tax invoice, consisting when the taxpayer’s registration was canceled in the transactions for the determination of tax obligations for goods/services, non-negotiable assets that were not used in taxable transactions within the economic activities.

In the case of drawing up a tax invoice for the purpose of determining when the taxpayer cancels the registration of tax obligations for goods/services, non-current assets, the amount of tax that was included in the tax credit and not used in taxable transactions, within the economic activity in the upper left parts of such invoices in the column “Not subject to the recipient (buyer) because of the reason” is marked “X” and the type of reason “10” should be indicated.

In the column “Recipient (Buyer)” the taxpayer indicates his/her proper name(s), in the line “Individual Tax Number of the Recipient (Buyer)” a conditional individual tax number “600000000000” is inserted, the line “Tax number of the taxpayer or a series (if any) and passport number” should not be filled in.

Section B of the tax invoice is filled in the following order:

  • in box 2 “Description (nomenclature) of the seller’s goods/services” the dates of the drawing and the order numbers of the tax invoices, on the basis of which the tax credit was formed, should be indicated;
  • in column 4 “Ukrainian notation” – “UAH” is indicated;
  • in box 10 “Supply volumes (tax base) excluding VAT” – it is indicated the value (part of value) of the goods/services, the non-taxable asset, which is taxed, according to the basic rate of tax and the rate of tax 7%, which are applied when tax calculation obligations;
  • in column 11 it is indicated the amount of VAT.

Graphs 3.1, 3.2, 3.3, 5 - 9, 12 in this case should not be filled.

The State Fiscal Service of Ukraine in the category 135.04 “ZIR” answered the question: what line of the payment order “Taxpayer code” or “Purpose of payment” should be kept accounting for tax receipts, fees, payments in integrated payer card (IPC)?

In accordance with paragraph 1 of the Procedure for filling in documents for transfer in the event of payment (collection) of taxes, duties, customs duties, unified payment, implementation of budget reimbursement of value added tax, returning by mistake or excess of funds credited, approved by the Order of the Ministry of Finance dated 24.07.2015 No 666, the procedure for filling in the payment document “Purpose of payment” by the payer is specified.

The requisites filled in by the payer in the line “Purpose of payment” are:

1) the customer code according EDRPOU;

2) the registration number of the taxpayer’s registration card or a series and the passport number of the citizen of Ukraine (for individuals who have a mark in the passport about the right to make any payments for a series and a passport number);

3) registration (accounting) number of the taxpayer, which is assigned by the controlling bodies.

The reflection by the SFSU authority of the amounts of receipts from taxes, fees, payments in the integrated card of the payer should be made in an automatic mode according to the details, filled in the line of the settlement document “Purpose of payment”.

Consequently, when filling in the payment order when paying taxes, fees, it is necessary to fill in correctly the taxpayer’s code in the line “Appointment of payment”.

The State Fiscal Service of Ukraine in its Individual Tax Advice “On the Recognition of Cash in a Separate Subdivision” of 06.12.2018, No. 5125/6/99-99-14-05-01-15/ ІПК reported that cash withdrawals from cash desks to be executed by cash withdrawals notes or expense information. The documents for issuing cash are signed by the manager and the chief accountant or the person authorized by the manager. Applications for cash withdrawals, calculations should be added to cash issue notes (CIN).

The signature of the company head on CIN is not obligatory, if his/her authorizing inscription is on attached to them documents, applications, accounts. If CIN is signed by the authorized representative of the company, accordingly, it is necessary to indicate the position, surname, name and patronymic of such a person.

The National Bank of Ukraine adopted the Resolution “On Approval of the Changes to the Guidelines on the Procedure for Regulating the Activities of Banks in Ukraine” of 18.12.2018 No. 139, which introduces from July 1, 2019 updated requirements for determining by the bank when calculating the credit risk levels of a group of related counterparties which carry a joint economic risk.

These requirements are based on the standards of the Basel Committee on Banking Supervision, “Supervisory mechanism for valuation and control of large credit risks”.

The presence of significant concentration of credit risk for banks in relation to individual counterparties can lead to a material loss of the bank’s capital due to financial problems in such counterparties. If the contractors are linked legally or economically, then if there are problems with the fulfillment of their obligations to one counterparty, others are likely to have similar problems.

In accordance with the new requirements, banks should define a group of related counterparties, provided that such counterparties are linked by a control relationship or economic dependence. This obliges banks to thoroughly examine their counterparties: their ownership structure, business environment, financial reporting, etc.

The National Bank also takes further measures to limit lending by banks to related persons.

Thus, the requirement is introduced to reduce the regulatory capital of the bank by the amount of exceeding the actual value of the aggregate amount of debt of persons connected with the bank over the maximum allowable value of such debt. This requirement takes effect 30 days after the official publication of the resolution.

The International Monetary Fund made public a memorandum with Ukraine on economic and financial policies under the new program for 2018-2020.

The memorandum contains a statement of policy and strategy to be followed by Ukraine, as well as specific steps for review and receipt of the next tranches. The document also includes areas for monetary and exchange rate policy, budget policy, as well as policies in the energy and financial sectors, management of state-owned enterprises and business climate.

The Ministry of Social Policy of Ukraine in its letter “On Determining the Title of the Position of the Head of the Audit Firm” of 09.11.2017, No. 1625/0/102-18/284 provided clarification regarding the name of the position of the head of the audit firm.

Since the National Classifier of Ukraine DK 003: 2010 “Classifier of Occupations” (hereinafter Classifier) provides for the position title of “Director (Head, Other Head) of the enterprise” with code 1210.1, which belongs to the professional group “Heads of enterprises, institutions and organizations”, and “Director of a small firm (insurance, auditing, advertising, etc.)”, “Manager of agency (insurance, trading, real estate, advertising, etc.)” with code 1317 belonging to a professional group “Managers of small enterprises without management apparatus in a commercial manner service”.

Due to the fact that it is impossible to foresee all directions of the use of certain positions (professions) in different economic activities, it is recommended to apply the provisions of Appendix B to the Classifier, in particular Note 2, to create new titles of positions (professions).

According to this note, the basic professional titles of works (positions, occupations) contained in the current Classifier can be expanded for internal use by terms and words that specify the place of work, work performed, the scope of activities, subject to the laconicism of the statement, unless otherwise provided in the Classifier or relevant regulatory acts.

Consequently, based on the constituent documents of the respective audit firms, the detailed names of the positions “Director of the audit firm”, “Audit firm head” with the code 1210.1 or “Director of the audit firm”, “Audit firm manager” with the code 1317, are created from the specified basic names.

The State Service of Ukraine on Labor in its letter “On granting leave to employees” of 20.09.2018 No. 4440/4/4.1-315-18 reported that the annual main leave was granted to employees for a period of not less than 24 calendar days for the worked working year. It is prohibited not to grant an annual leave of full duration for two consecutive years.

At the request of the employee, part of the annual leave is replaced by monetary compensation. The duration of the annual and additional leave granted to the employee may not be less than 24 calendar days.

When an employee quits, he/she is paid monetary compensation for all the days of annual leave that he/she has not used. Violation of the legislation on leave, it is provided for the financial liability in the amount of minimum wage.

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