Legislative Review

December 30, 2024 – January 3, 2025. Income tax reporting forms have been changed

The Cabinet of Ministers of Ukraine, by its Resolution No. 1496 of December 20, 2024, approved the Procedure for voluntary payment of a single social contribution for mandatory state social insurance by single social contribution payers with a location (place of residence) in the temporarily occupied territory of Ukraine.

The procedure defines the mechanism for voluntary payment of the Single Social Contribution on the territory of Ukraine:

  • by SSC payers with a location (place of residence) in the temporarily occupied territory of Ukraine;
  • citizens of Ukraine residing in the temporarily occupied territory of Ukraine.

According to the Procedure, payers of the SSC who have made a decision to voluntarily pay the SSC provided for by the Law:

  • are obliged to promptly and in full charge, calculate and pay the SSC to the tax authority at the main place of registration of the SSC payer in the amount established by Article 8 of the Law, up to the SSC calculation base determined by Article 7 of the Law;
  • based on the calculated and paid amounts of SSC, are required to submit reports as part of the reporting on personal income tax (single tax) (hereinafter - the reporting) to the tax authority at the main place of registration of the SSC payer within the terms and procedure established by the Tax Code of Ukraine.

Voluntarily paid amounts by SSC payers are credited in the order of calendar priority of the occurrence of the relevant obligations, including for the period before the date of the beginning of the temporary occupation established by Part Two of Article 1 of the Law of Ukraine "On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine".

Voluntarily paid amounts by single contribution payers are not subject to refund, except for excessively and/or erroneously paid amounts. Refund of erroneously and/or excessively paid SSC amounts is carried out to accounts opened in other than the occupied territory of Ukraine, in accordance with the established procedure.

In the event of a change of location (place of residence) of a SSC payer from a temporarily occupied territory to another territory of Ukraine, the provisions of this Procedure shall not apply to such a SSC payer.

The Cabinet of Ministers of Ukraine, by its Resolution No. 1505 of December 27, 2024, amended the appendix to Resolution of the Cabinet of Ministers of Ukraine No. 1045 of December 27, 2017, which approved the list of states (territories) for transfer pricing purposes, which entered into force on January 1, 2025.

The changes were made in order to bring the list of states (territories) whose transactions with residents are recognized as controlled for transfer pricing purposes into line with Law of Ukraine No. 3813-IX of June 18, 2024 "On Amendments to the Tax Code of Ukraine Regarding the Peculiarities of Tax Administration During Martial Law for Taxpayers with High Level of Voluntary Compliance with Tax Legislation".

Thus, taking into account the provisions of Law No. 3813-IX, the updated list of states (territories) instead of 78 will contain 46 states (territories), in particular:

  • States with which Ukraine has concluded international agreements on the avoidance of double taxation are excluded;
  • States included in the list of offshore zones approved by the Cabinet of Ministers of Ukraine and the FATF “black list” are inclcuded;
  • States (territories) that do not ensure timely and complete exchange of tax and financial information are included.

The Cabinet of Ministers of Ukraine extended the term of lending to agricultural producers under concluded loan agreements under the "Affordable Loans 5-7-9" program for one year.

The term has been extended until March 31, 2026.

Corresponding resolution No. 1500 "On Amendments to the Procedure for Providing Financial State Support to Business Entities" was adopted at a regular meeting. The document was prepared by the Ministry of Agrarian Policy.

The resolution provides:

  • extension for one year of the term of lending to business entities - agricultural producers under concluded loan agreements until March 31, 2026;
  • state support to agricultural entrepreneurs registered in the State Agrarian Register.

The implementation of the proposed changes will allow in 2025 to support agricultural enterprises through affordable loans, reduce the cost of agricultural products, avoid default on existing loans, and provide state support to agricultural producers who are registered exclusively in the State Agrarian Register.

The resolution shall enter into force on the date of its publication, except for paragraphs 6 and 7 of the amendments approved by this resolution, which will enter into force on January 1, 2025.

The Ministry of Finance of Ukraine, by Order No. 621 of December 5, 2024, approved changes to the annexes to the form of the Tax Declaration on corporate income tax. Also, corrective changes were made to Order No. 621 by Order of the Ministry of Finance No. 659 of December 24, 2024.

The orders were adopted in order to implement the provisions of Law of Ukraine No. 3813-IX of June 18, 2024 "On Amendments to the Tax Code of Ukraine Regarding the Peculiarities of Tax Administration During Martial Law for Taxpayers with a High Level of Voluntary Compliance with Tax Legislation."

We would like to remind you that Law No. 3813-IX amended the Tax Code of Ukraine, in particular, regarding:

  • clarification of the provisions that determine the tax base for transactions of residents of Diia City - taxpayers under special conditions, provided for in paragraph six of subparagraph "b" and paragraph one of subparagraph "c" of item 135.2.1.5, item 135.2.1.9.2 and subparagraph "a" of item 135.2.1.13 of the Tax Code;
  • clarification of the provisions determining the differences in the implementation of financial transactions provided for in item 140.4.3, paragraph 4 of item 140.5.4 and paragraph 3 of item 140.5.51 of the Tax Code;
  • addition of provisions on conducting an inventory of fixed assets specified in item 431 , section 4, chapter XX "Transitional Provisions" of the Tax Code of Ukraine, which were in use and put into operation during the period of martial law in Ukraine;
  • addition of provisions on the designation of fixed assets in the form of residential buildings (separate apartments, rooms, etc.) located on the territory of Ukraine and purchased by the taxpayer during the period of martial law for use in economic activities, in accordance with item 69 of section 4 of chapter XX "Transitional Provisions" of the Tax Code.

In connection with these changes, the following Tax Declaration forms are provided in accordance with the provisions of the Tax Code:

  • Appendix RI to line 03 of the Difference declaration;
  • Appendix AM to line 1.2.1 of Appendix RI to line 03 of the Difference declaration (set out in the new version);
  • Appendic TI to line 23 pf the the Tax Incoive declaration;
  • Appendix DIIA to line 06.3 of the DIIA declaration.

The President of Ukraine signed an extension of tax and customs benefits for the next year, including for drones and components.

Drafts No. 12266 and No. 12267 on amendments to the Tax and Customs Codes.

Here's what they provide.

  • Exemption from customs duties for components imported for the production of ammunition and projectiles.
  • Continuation of privileges for the import of UAVs, night vision devices, anti-drone rifles, etc. (list in paragraph 9-24 of the “Final Provisions” of the CCU).
  • Expansion of benefits to components for all drones - land, water, and not just UAVs.
  • Postponement of the transition to Euro-6 environmental standards for vehicles until January 1, 2027 (they should have been in effect since 2025).
  • Support of benefactors and volunteers:
    • ability for non-profit organizations to assist military personnel and their families without losing their status;
    • funds collected by volunteers are exempt from personal income tax if transferred to charitable foundations;
    • benefits for employees of non-profit organizations (up to 5% of income).
  • Continuation of VAT benefits for Ukrainian cinema during martial law.
  • Cancellation of the assessment for the used car market.
  • Complete fiscalization of the gambling business.

The President of Ukraine signed Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding the Reform of Medical and Social Expertise and Introduction of Assessment of Daily Functioning" No. 4170-IX of December 19, 2024.

The document provides for the elimination of medical and social expertise for adults and the introduction of a human-centered model of assessing daily functioning, which will be conducted by expert teams of practicing physicians.

In particular, from January 1, 2025, it will be expert teams that will determine disability instead of outdated, corrupt disability assessment boards.

In general, the Law amends 32 codes and laws of Ukraine, which allows for the introduction of a system that not only determines disability status, but is primarily focused on the rehabilitation and return of a person to active social life.

The National Bank of Ukraine updated the approaches to calculating prudential standards for credit unions and brought the regulatory legal acts regulating their activities into line with the Law of Ukraine " On Amendments to Certain Legislative Acts of Ukraine on Improving the Functions of the National Bank of Ukraine in State Regulation of Financial Services Markets ."

In particular, the following prudential requirements for credit unions have been updated:

  • failure to recognize as related persons to the merged credit union its members – credit unions for the purposes of determining the amount of diversion when calculating the regulatory capital of the merged credit union;
  • changing the characteristics of determining the financial condition of a credit union to determine the class of debtor, which are used by merged credit unions and unions that provide loans to other credit unions;
  • inclusion in the eligible collateral of the Partial Credit Guarantee Fund in Agriculture;
  • application of the credit conversion ratio when determining the value of off-balance sheet liabilities for calculating capital requirements.

In addition, the procedure for including fixed-term additional share contributions in the regulatory capital of a credit union and the procedure for reorganization and liquidation of a credit union by decision of the general meeting of members of the credit union were brought into line with the norms of the Law of Ukraine "On Administrative Procedure".

The relevant regulations are contained in the resolutions of the Board of the National Bank, which entered into force on January 1, 2025:

  • No. 172 of December 26, 2024 “On Approval of Amendments to the Regulations on the Procedure for Regulating the Activities of Credit Unions in Ukraine”;
  • No. 177 of December 27, 2024 “On Approval of Amendments to the Regulations on the Procedure for Regulating the Activities of Credit Unions in Ukraine”;
  • No. 186 of December 27, 2024 "On Approval of Amendments to the Regulations on the Reorganization and Liquidation of Credit Union by Decision of the General Meeting of Members of the Credit Union".

The Ministry of Finance of Ukraine has postponed for two months until March 1, 2025 the introduction of new requirements for the form and content of settlement documents, which were previously approved by Order No. 601 of November 22, 2024 "On Amendments to Order of the Ministry of Finance of Ukraine No. 13 of January 21, 2016 ".

This conclusion was made with the advent of Order of the Ministry of Finance No. 674 of December 30, 2024 on amendments to Order No. 601, according to which the start of the application of new fiscal checks was postponed to March 1.

Thus, old check forms are valid until March 1.

The changes, in particular, provide for:

  • possibility of indicating a simplified product name in a fiscal cash receipt and using the State Classifier of Products and Services (DK 016:2010) to determine the group of goods or services;
  • definition of the electronic excise tax stamp identifier/electronic excise tax stamp serial number as a mandatory requisite of the settlement document in the retail trade of alcoholic beverages, tobacco products and liquids used in electronic cigarettes;
  • supplementing the forms of settlement documents with passport details and information necessary to control the volumes of tobacco products and alcoholic beverages sold (for duty-free shops);
  • definition of the concepts of "payment terminal connected to a settlement operations registrar/software settlement operations registrar" and "payment terminal connected to a settlement operations registrar/software settlement operations registrar";
  • number of technical amendments to ensure terminological consistency of Order of the Ministry of Finance No. 13 of January 21, 2016 with the norms of other legislation, in particular legislation in the field of payment services.

According to the text of Order No. 601, it will come into force on the day following its official publication. However, this order has not yet been officially published.

The Cabinet of Ministers of Ukraine, by its Resolution No. 1528 of December 27, 2024, approved the Procedure for establishing by regional state administrations (regional military administrations) a ban on the trade in alcoholic beverages and alcohol-based substances during martial law during a certain period of the day.

Such a ban within the relevant territory during a certain period of time is established by a decision of the head of the regional state administration (RSA), the draft of which is agreed with the relevant military command (operational command), in order to ensure public safety and order.

The decision of the head of the regional state administration (RSA) determines the period of the day for which a ban on the trade in alcoholic beverages and substances produced on the basis of alcohol is introduced, as well as the duration of such a ban in the relevant territory.

The decision is published on the official website of the relevant regional state administration (RSA) and is sent to government agencies, in particular the State Tax Service, no later than the day of publication.

Local government bodies (military administrations of settlements) in the relevant territory ensure that the population and business entities engaged in economic activities related to the sale of alcoholic beverages and alcohol-based substances are informed about the establishment of a ban.

The Cabinet of Ministers of Ukraine introduced amendments to Resolution No. 284, which regulates the procedure for using funds to compensate for the cost of demining agricultural lands. In particular, the deadline for submitting applications for farmers in the next budget period has been extended from November 15 to December 25, and applications submitted by December 5 will be considered in the current budget year.

The issue of demining partially contaminated areas has been resolved. If until now the operator demined only the confirmed contaminated part of the cadastral plot, now he must confirm to the farmer the safety of the rest of the land by conducting a non-technical survey.

The state program of compensation for agricultural land demining began in September 2024. During this time, the Humanitarian Demining Center, based on the results of auctions, signed 51 agreements with mine action operators for the amount of UAH 532 million. This money will be used to clear 14.4 thousand agricultural lands in Kharkiv, Mykolaiv, Kherson and Kyiv regions.

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