The Verkhovna Rada of Ukraine adopted the Law of Ukraine “On Amendments to the Article 41 of the Law of Ukraine “On Joint Stock Companies” regarding the quorum of the general meetings of joint stock companies with majority state corporate rights” of 13.01.2015, № 91-VIII.
The law establishes the quorum for decision-making at the general meeting of the joint stock company 50% plus 1 share (instead of 60% plus 1 share). The document will come into force from the date of publication for the state companies, and from 1 January 2016 - for the others.
These changes are intended to combat the deliberate blocking of general meetings, what led to the bankruptcy, raiding, violation of the shareholders rights.
The Verkhovna Rada of Ukraine amended the article 265 of the Labor Code by the Law of Ukraine “On Amendments to certain legislative acts of Ukraine concerning the reform of compulsory state social insurance and the legalization of wage fund” of 12.28.2014, № 77-VIII, which entered into force on 1 January 2015. Now, the employer can be brought not only to administrative, but also to the financial responsibility for violation of the labor legislation.
In particular, the employers for the actual permit of the employee to work without the employment agreement (contract) are liable in the form of a fine of 30 minimum wages established by the law at the time of violation. This fine was established per each employee against whom the violation was committed. In 2015 such penalty will be UAH 36 540, and starting from December – UAH 41 340.
It should be noted that the administrative responsibility is also provided for such type of the violation. And there are not small penalties here – from 510 to 1 700 UAH, in the case of repeated violation - from 1 700 to 5 100 UAH.
The State Fiscal Service of Ukraine in its letter of 19.01.2015, № 1403/7/99-99-19-03-01-17 reported that the adjustment calculations were registered only by the suppliers in January 2015.
From 1 January 2015 the taxpayers were given the opportunity of the correction of errors in the tax invoices by making the adjustment calculations to them.
Within the electronic VAT administration system from 01.02.2015 the adjustment calculation to the tax invoice, issued to the recipient – taxpayer, is the subject to the registration in SRTI:
1) by the supplier of goods / services, if it is intended to increase the compensation amount of their value in favor of the supplier (seller) or if the adjustment of the quantitative and cost indexes does not change the compensation amount as the result;
2) by the recipient of the goods / services, if it is intended to decrease the compensation amount of the value of goods / services to the supplier (seller), for which the supplier (seller) sends the prepared adjustment calculation to the recipient (buyer).
The registration of the adjustment calculations would be conducted from 1 January to 1 February 2015 by the supplier (seller) of goods / services.
The State Fiscal Service of Ukraine in its letter of 19.01.2015, № 1403/7/99-99-19-03-01-17 reminded that the VAT payment to the budget for December 2014 and January 2015 / IV quarter of 2014 would be conducted by the taxpayer from his/her current account directly to the budget accounts, and since February 2015 / I quarter of 2015, - from the account in the system of electronic VAT administration.
I.e., the VAT liabilities for February 2015 would be transferred from the account in the system of electronic VAT administration according to the register formed by the SFSU. The taxmen should send such register to the Treasury no later than three working days until the end of deadline for the independent payment of tax liabilities.
The State Fiscal Service of Ukraine by the Order of 17.01.2015, № 13 approved the Methodological recommendations regarding the special aspects to clarify the tax liabilities on the company income tax and VAT in the case of tax compromise.
Thus, the tax compromise procedure extends to:
1) the voluntary declaring of understated tax liabilities for VAT and income tax in the relevant tax reporting periods before 1 April 2014;
2) the voluntary declaring of understated tax liabilities in the case when the taxpayer has the started documentary inspection or the act by its result, regardless of the tax compromise procedures by the decision of supervisory authority;
3) the cases when the taxpayer received a tax notification decision whereby the tax liabilities for company income tax and/or VAT are not agreed;
4) the inconsistent amounts of the tax liabilities for company income tax and/or VAT, indicated in the tax notification decisions, regarding which the procedure of administrative appeal is continued;
5) the agreed amounts of tax liabilities for company income tax and/or VAT, indicated in the tax notification decisions, regarding which the procedure of judicial appeal is continued.
The tax liabilities in accordance with the procedure of the tax compromise are paid in the budget amounting to 5% of the understated tax liabilities amount. The remaining 95% are considered to be canceled by the results of achieving the tax compromise. In this case, the penal sanctions are not applied to the taxpayer, and the fine is not charged respectively.
By reaching a compromise is meant the payment of amounts of tax liabilities for VAT and / or income tax in the budget by the taxpayer.
Reaching the compromise excludes the necessity of the drafting of the protocol on the administrative offence, if it has not been drafted, and also gives grounds to the court to exempt the payer from the administrative liability.
The methodological recommendations do not establish the new norms of law, and only recommend and explain the uniform understanding of the procedures for the tax compromise application.
Let us recall, the Law on tax compromise entered into force on 17 January 2015.
The State Fiscal Service of Ukraine in its letter of 21.01.2015, № 1665/7/99-99-17-02-01-17 explained the innovations of taxation of winnings, prizes in 2015.
The PIT rate is the double size of the base rate (15%) regarding the incomes, accrued as winning or prize (excluding winnings, lottery prizes) in favor of residents or non-residents.
That is, the tax rate of 30% applies to incomes that are accrued by the tax agent in the form of prizes or winnings (excluding winnings, lottery prizes).
As an exception the cash prizes in sporting competitions are taxed at a rate of 15%. The above-mentioned does not concern the rewards to the sportsmen - champions of Ukraine, the winners of sports competitions of international level, including disabled sportspeople.
The tax agent, when the charging (payment, provision) of the income in the form of winnings (prizes) in a lottery or other drawings, in sports betting, in totalizator betting, prizes and winnings in cash received for winning and / or participation in amateur sports competitions, including billiard sports, is a person who performs such charging (payment).
The total amount of tax charged at the rate of 15% of the total amount of winnings (prizes) paid for the tax (reporting) month to the lottery players is paid (transferred) to the budget by the tax agent - operator of the lottery within the established deadlines for the month tax period.
The tax agents - operators of the lottery in the tax calculation on f. № 1ДФ reflect the total amount charged (paid) in the tax reporting period of incomes in the form of winnings (prizes) and the total amount of tax withheld from them. The information about the amounts of an individual winning, the amounts of charged tax on them, as well as the information about an individual – taxpayer who has received the income in the form of a winning (prize) are not specified in the tax calculation on f. № 1ДФ.
Winnings or prizes (excluding winnings, lottery prizes) in favor of residents or non-residents are reflected in the tax calculation on f. № 1ДФ under the sign of income “111”.
The amount of money received as winning, a prize in a lottery on the grounds of “166” is reflected in the calculation of f. № 1ДФ to 31.12.2014.
The Ministry of Finance of Ukraine by the Order № 11 of 23.01.2015 approved a number of methodological recommendations for the public sector entities regarding the accounting policy as well as the accounting records of certain assets, as follows: fixed assets, intangible assets and inventories.
Let us recall, the specified methodological recommendations are approved due to the implementation in 2015 of the National Statement of Standard Accounting Practice for the public sector, and also in order to implement the Strategy of modernization of the accounting system in the public sector for 2007 - 2015.
The National Bank of Ukraine in its letter of 27.01.2015, № 25-110/4833 reported that temporarily, until 1 July 2015, in cases and under the conditions determined by law, the funds recovery from the taxpayers’ bank accounts was carried out by the decision of the head of the supervisory authority without recourse to legal proceedings.
The relevant norm is provided by the Law “On Amendments to the Tax Code of Ukraine and certain legislative acts of Ukraine concerning the tax reform” of 28.12.2014, № 71-VIIII.
In order to implement the specified requirements until 1 July 2015, the banks accept and perform the collection orders (instructions) for the tax debt collection, completed according to the decision of the head of the SFSU. The date of issuance and number of the decision of the head of the SFSU should be specified in the requisite details “Details of payment” of such collection order (instruction). The very decision, on the basis of which the collection order (instruction) is executed, should not be applied to the bank.
The regulator prepared the project of the appropriate amendments to the Regulations on noncash transactions in Ukraine in the national currency. This project of amendments will be published on the NBU site in the nearest future.
The Temporary Disability Social Insurance Fund in its letter of 17.01.2015, № 2.4-17-92 clarified the nuances of the payments appointment when the insured events occured.
On the insured events that occurred before 31.12.2014 inclusive, in determining the right to financial security and its size it should be governed by the norms of the Law “On Compulsory State social insurance due to temporary disability and expenses provided for burial № 2240”. The norms of the Law of Ukraine “On Compulsory State Social Insurance” of 23.09.1999, № 1105 are applied to the insurance events occurred since 01.01.2015.
According to the amendments entered into force on 1 January 2015, the insured persons who during the twelve months before the insured event according to the State Register of social insurance have had the insurance period at least six months are entitled to maintenance in the following amounts:
1) temporary disability benefit - on the basis of gross wages and salaries, from which the insurance contributions are paid, but per month not more than the minimum wage established by the law, occurrence of the insured event in the month;
2) maternity grant - on the basis of gross wages and salaries, from which the insurance contributions are paid, but per month not more than the double minimum wage and not less than the minimum wage established by law, occurrence of the insured event in the month.
The insurance period in the specified case is determined according to the personal record-keeping data on the insured persons. The insurer should do such calculation on the basis of the data of the State Register of the social insurance, provided by the insured person in the form of certificate of the Pension Fund of Ukraine.
The State Statistics Service of Ukraine by the Order of 18.12.2014, № 396 made the amendments to the Classification of countries of the world, having complemented it by the Annex with the position of “Free economic Zone “Crimea””.
FEZ “Crimea” is entered within two administrative-territorial units of Ukraine: Autonomous Republic of Crimea and Sevastopol city.
The administrative border between the territory of FEZ “Crimea” and the rest territory of Ukraine coincides with the land administrative border between Autonomous Republic of Crimea and Kherson region.
Let us recall, that the Classification of countries of the world is approved by the Order of the State Statistics Service dated 30.12.2013, and is used to account and share the information on foreign trade statistics, in the banking and financial spheres, in transportation of export-import cargoes and in other cases when it is necessary to use the code form of symbols of the countries of the world.
The Order is valid from 1 January 2015.
The State Statistics Service of Ukraine by the Order “On approval of the Classification of the currencies” of 31.12.2014, № 416 approved the new currencies classification.
The document is developed to provide the accounting, processing and dissemination of data of foreign trade statistics and investment in any trade, banking and financial sectors, as well as the information from the Single State Register of the Enterprises and Organizations of Ukraine with the using of the international code to identify currencies.
The order is valid from 1 January 2015.
