The Cabinet of Ministers of Ukraine by the Resolution “On amendments to the Procedure of accumulation by agricultural enterprises of amounts of value added tax on special accounts opened in banks and/or bodies that realize treasury services of budget funds” of 25.11.15, № 976 added regulations on electronic account in System of Electronic Administration (SEA) of VAT to the Procedure of accumulation by agricultural enterprises of amounts of value added tax on special accounts opened in banks and/or bodies that realize treasury services of budget funds approved by the Cabinet of Ministers of 12.01.11, № 11.
It should be recalled that state financial control opened these accounts for agrarians in SEA VAT of 29.07.15 according to the amended law in paras.2011.2, 209.2 of the Tax Code of Ukraine.
Electronic agricultural accounts opened for agrarians in addition to the electronic accounts in SEA of VAT are intended to transfer of funds to their special accounts opened in banks and/or in the Treasury.
The agrarian does not pay to the budget and should accumulate on his/her account the VAT amount accrued by the agrarian on the value of delivered agricultural goods/services of own manufacture.
To accumulate this VAT amount the agrarian should credit the funds on his/her own account in SEA of VAT opened to transfer funds to the special account.
The Treasury automatically transfers funds credited on such an electronic account during the operational day when they to be received on special agricultural account.
The Cabinet of Ministers of Ukraine by the Resolution “On approval of the Procedure of formation of the list of people related to terrorist activity or for which international sanctions are applied” of 25.11.15, № 966 determined the mechanism of formation of the list of people related to terrorist activity or concerning whom international sanctions were applied.
The State Financial Monitoring Service keeps such a list. It enters the person into the list within three working days from the date of receipt of information (documents).
If it is identified assets of legal person or individual included in the list, the State Financial Monitoring Service without delay submits generalized materials to the State Security Service of Ukraine to take measures if there are relevant grounds to arrest the property (contributions) of such a person.
It should be recalled that there are the following reasons for the inclusion of legal persons and individuals to this list:
1) the verdict, which came into force on the finding of the individual guilty having committed crimes related to terrorism and production, sales, using of weapons of mass destruction (Articles 258-2585, 439 and 440 of the Criminal Code of Ukraine), court decision on conviction the organization, legal person or individual related to terrorist activity or distribution of weapons of mass destruction;
2) information formed by international organizations or their authorized bodies on organizations, legal person or individual related to terrorist organizations or terrorists, as well as the people for which international sanctions were applied;
3) courts sentences (decisions), decisions of other competent authorities of foreign states concerning organizations, legal persons or individuals related to terrorist activity or distribution of weapons of mass destruction, which are recognized by Ukraine in accordance with its international agreements.
The State Fiscal Service of Ukraine in its letter “On reflection in accounting of expenses for roads development” of 20.11.15, № 24730/6/99-99-19-02-02-15 informs that the right to use immovable property other than land, including economic highways, according to the servitude agreement is a transaction for the services supply according to paras.14.1.185 of TCU (the service, which is consumed by its recipient in the process of conducting of certain activities). Accordingly, its supplies are the subject to VAT in generally established order at a rate of 20%.
In its turn the company, which has in its use economic highways in the territory land plots on the right of land servitude, includes in the tax credit input VAT amounts within goods/services aimed at the development of such highways. On condition that tax invoice is properly prepared and registered in URTI.
The State Fiscal Service of Ukraine in its letter “On tax accounting of non-current tangible assets” of 27.11.15, № 26114/10/28-10-06-11 noted that the lessor should depreciate the fixed assets transferred to operating lease in accordance with accounting rules taking into account restrictions under sub-para.14.1.138 and para.138.3 of TCU. Because fixed assets, which are subject to operating leases agreement, are the source of revenues from business activity in the form of rent, so are to be classified as industrial, which means to amortize for tax purposes.
The State Fiscal Service of Ukraine by its letter “On preparation of adjustment calculation to the tax invoice” of 24.11.15, № 24988/6/99-99-19-03-02-15 gave recommendations how to issue adjustment calculation to the tax invoice when the increase in price of goods.
In particular, if the price increased per unit of production, the volume didn’t change and the buyer didn’t make additional payment, the tax officers advised to write the following in adjustment calculation:
- with a “minus” sign - the volume of actually delivered goods at the old price;
- with a “plus” sign - the volume of actually delivered goods calculated on the basis of a new price of supply.
The State Fiscal Service of Ukraine in its letter “On taxation of VAT transactions for the sale of goods when bonus program to be used in retail trade network” of 24.11.15, № 24987/6/99-99-19-03-02-15 reports that trading company - a VAT payer, which sells to individuals - participants of the bonus program goods/services, and in payment for their value (a part of value) credits bonuses accrued to this buyer during the previous purchase of goods/services, the taxation base of VAT should be determined based on the agreed cost of such goods/services (para. 188.1 of TCU).
The department emphasized that the agreed cost included the amount of funds paid directly by the buyer and the amount of bonuses (transferred in monetary terms), credited in payment value (part of value) of purchased goods/services.
This is because the agreed (contract) cost includes any amount of money, the value of tangible and intangible assets, transferred by the buyer to the seller directly or through any third party in connection with compensation of the cost of goods/services.
Controllers also notes: bonuses charging to the buyers - the bonus program participants on a buyer’s discount card when purchasing goods/services is not the basis for calculation of tax liabilities of VAT. Considering the fact that bonuses charging are not considered being the change of the amount compensation of cost of goods/services within the meaning of paragraph 192.1 of TCU, the trading company is not required to adjust the tax liabilities.
The State Fiscal Service of Ukraine in its letter “On necessity of registration in URTI of adjustment calculation to tax invoice drafted before 01.02.15 on VAT amount that did not exceed UAH 10 thousand” of 23.11.15, № 24875/6/99-99-19-03-02-15 informed: in case if taxpayer after 01.07.15 made the adjustment calculation (hereinafter - AC) to the tax invoice (hereinafter - TI)in which the VAT amount did not exceed UAH 10 thousand and which was not the subject to registration URTI (to 01.02.15) on the date of drafting, and after the adjustment the VAT amount to be below the amount of UAH 10 thousand, such AC and TI should be registered in URTI. Their registration to be exercised during the day taking into account of registration limit calculated by the formula in the following order: first TI then AC.
In this case tax officers point out that AC prepared from 01.07.15 to TI drafted before 01.07.15 (including before 01.02.15) when the indexes calculation of formula STI received and STI issued:
- take into account if TI to be provided to the buyer – taxpayer;
- do not take into account if the TI to be not drafted for buyers - tax defaulters.
