Legislative Review

22 - 26 October 2012. State Tax Service of Ukraine reported on the Procedure of tax filing of income taxes by non-residents

Cabinet of Ministers of Ukraine by Decree of 17.10.2012, №947 amends the Order of submission to state tax service authority information about taxpayers, objects of taxation and objects related to taxation, to ensure the maintenance of their accounting and calculation and collection of taxes and fees.

In particular, the agencies that keep records or registration of movable and immovable property and other assets that are subject to taxation shall submit monthly to the 10th day of the following information:

- about immovable property other than land, on which arises from individuals or the rights to property, as well as the vehicles and the owners and / or users of such property and vehicles - to State Tax Service;

- about the owners and / or users of movable property, other than vehicles and other assets that are subject to taxation - to State Tax Service location.

Ministry of Justice of Ukraine by order of 01.10.2012, №1446/5 approved Procedure of organization of auctions in the proceedings in bankruptcy cases and requirements regarding the organizers of state enterprises and enterprises in the authorized capital of which state ownership exceeds fifty percent. This order shall take effect from 18.01.2013.

Ministry of Finance of Ukraine by order of 14.09.2012, №992 approved procedure of adoption of the State Committee for Financial Monitoring of Ukraine decision to suspend financial transactions, if any suspicion that they are related to the legalization (laundering) of proceeds from crime and financing of terrorism or participant or beneficiary that is a person included in the list of persons related to terrorist activity or for which applied international sanctions.

Ministry of Emergency Situations of Ukraine by order of 03.09.2012, №1161 approved the Regulations of the materials on administrative violations by  State Service of Mining Supervision and Industrial Safety of Ukraine, which regulates the registration, examination and registration materials on administrative offenses authorized officers State Service of Mining Supervision and Industrial Safety of Ukraine and its territorial bodies entitled to consider cases on administrative offenses and impose administrative penalties. The purpose of the Regulations, compliance officers State Service of Mining Supervision and Industrial Safety of Ukraine laws in the course of proceedings on administrative violations.

Ministry of Economic Development and Trade of Ukraine provided Explanation of 06.09.2012, №3302-04/33670-06 'On information on companies for which instituted the proceedings in bankruptcy'.

It is noted that according to the Law of Ukraine 'On Public Procurement' customer decides to refuse a participant, participant pre-qualification to participate in the procurement procedure, pre-qualification of members and shall reject the tender offer of the party, if he recognized prescribed by law bankrupt and it opened liquidation procedure.

Background with Single database of companies for which instituted the proceedings in bankruptcy, provided the written request of a natural or legal person relevant judicial authorities to realize the power in the area of bankruptcy, the location of the debtor.

State Tax Service of Ukraine in the letter of 09.10.2012, №3344/0/61-12/15-1315 'On the order of filing tax returns for income tax of non-residents' reported: obligation to tax filing income tax companies assigned to Mission residents who meet certain PKU concept of 'permanent establishment', the representation of operations preparatory or auxiliary activities in relation to non-resident exempt from taxation because such activities are not of a nature of the business for profit.

Ministry of Regional Development, Construction and Housing and Communal Services of Ukraine in the letter of 10.09.2012, № 7/17-14543 provided explanation on the use for the design of architectural and construction planning tasks as basic data for designing.

It is noted that in the case when the building started to 14.10.2010 and the project does not require adjustment, architectural planning assignment is valid until the end of construction, so getting urban conditions and restrictions not needed, if design estimates developed on the basis of previously received architectural and planning tasks, but adjusted, obtaining urban conditions and limitations is required.

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