Taxes
Income tax
The Ministry of Revenues and Duties of Ukraine by the order № 288 of 19.07.2013 approved:
- form of declaration for special tax on the transaction for the disposal of securities and derivatives transactions,
- form of clarify declaration of special tax on transactions for the disposal of securities and derivatives transactions;
- Procedure for filling in the statements columns of special tax on transactions for the disposal of securities and derivatives transactions. (http://zakon4.rada.gov.ua/laws/show/z1372-13)
Value Added Tax
The Verkhovna Rada of Ukraine adopted the Law “On Amendments to the Tax Code of Ukraine and some other laws of Ukraine concerning the financial bills” of 04.07.2013 № 407-VII. This law defines the procedure for budgetary compensation of VAT by receiving of financial treasury bills. Until 1 January 2014 treasury services authorities will issue to a taxpayer who claimed VAT refund by receiving of financial treasury bills, the required amount in the form of financial treasury bills with maturity of up to five years with the yield at the 5% per annum.
Other taxes and fees
The Ministry of Revenues and Duties of Ukraine by letter of 27.03.2013 clarified that the right to benefits of the tax payment have the individuals who are the payers of land tax, i.e., land plots holders, land shares, land users.
The Ministry of Revenues and Duties of Ukraine by it's letter of 09.08.2013 clarified, which information should contain in tax return form. The document drawn up in a form which acts at submittal date of a document and shall contain obligatory requisites.
The Verkhovna Rada of Ukraine adopted and the President signed the Law № 403-VII of 04.07.2013, which, inter alia, provides that in 2013 supervisory authorities will not charge tax on immovable property other than land plot to individuals-taxpayers and this tax is not paid by individuals. In addition, determined, that tax declaration and calculation of monthly advance payments of income tax for basic reporting (tax) year shall be submitted within 60 calendar days following last calendar day of the reporting (tax) year.
The Ministry of Revenues and Duties of Ukraine by it's order № 317 of 02.08.2013 approved the State Register of Clearing Transactions in the new edition, taking into account models of recorders with regard to the models of recorders made by the relevant orders and decisions of the Ministry of revenues and duties of Ukraine, STS of Ukraine and the State Commission on Electronic Systems and Means of Control and Management of Commodity and Currency Circulation at the Cabinet of Ministers of Ukraine.
The Cabinet of Ministers of Ukraine by the resolution “Some questions of valuation for taxation purposes and the accrual and payment of other obligatory payments collected in accordance with the law” of 01.08.2013 № 501 clarified that the valuation reports of the property carried out in accordance with the Procedure on valuation for taxation purposes and the accrual and payment of other obligatory payments, approved by Resolution № 231 of 4 March 2013 with the same name, is used since 1 November 2013, but not since 1 August 2013.
Control and responsibility
The Ministry of Infrastructure of Ukraine by the order № 456 of 08.07.2013 approved: the List of issues to carry out by the State Inspection of Ukraine on safety on land transport of planned activities of state supervision (control) over observance by economic entities in the field of urban electric transport (tram, trolleybus) of requirements of the legislation, regulations and standards; the List of issues to carry out by the State Inspection of Ukraine on safety on land transport of planned activities of state supervision (control) over observance by economic entities in the field of railway transport, related to a high degree of risk of the requirements of legislation, regulations and standards.
The Ministry of Agrarian Policy and Food of Ukraine by the order № 442 of 17.07.2013 approved the Procedure of control over compliance with the license conditions of economic activity for the fumigation (disinfection) of regulation objects of determined by the Law “On Plant Quarantine”, which moved across the state border of Ukraine and quarantine zones.
The Ministry of Agrarian Policy and Food of Ukraine by the order № 441 of 17.07.2013, approved the Licensing Terms on economic activity for the fumigation (disinfection) objects of regulation determined by the Law “On Plant Quarantine”, moved across the state border of Ukraine and quarantine zones.
The Ministry of Agrarian Policy and Food of Ukraine by the order № 440 of 17.07.2013 approved the Procedure of control over compliance with the Licensing Conditions for economic activity in the sale of pesticides and agrochemicals (only with plant growth regulators). The procedure defines the legal and organizational basis, the basic principles of state supervision (control) of the business of trade of pesticides and agrochemicals (only with plant growth regulators)
Single Social Contribution
The Pension Fund of Ukraine by the letter № 16243/09-10 of 25.06.2013 recalled that Art. 1651 and 18823 of the Code of Administrative Offences for violation of the legislation on the collection and accounting of a single fee for obligatory state social insurance and obligatory state pension insurance and for obstruction to authorized persons of the Pension Fund, the central executive authority realizing the state policy in the field of employment and labor migration, funds obligatory state social insurance in the inspections conducting is provided the imposition of a fine on the officials.
The Ministry of Social Policy of Ukraine by the letter № 865/5/75-13 of 16.07.2013 clarified the issue of the appointment of state assistance for child birth and informed that, in accordance with the Procedure for appointment and payment of State assistance for families with children approved by resolution № 1751 of the Cabinet of Ministers of 27.12. 2001, amounts and assistance that is granted to one of the parents of the child is determined by considering the number of live births and adopted children (including those who died) who before the birth of the child were dependent on person to whom is granted assistance, his husband (wife), except children from the parenthood of which the person (husband, wife) refused, as well as children who are living in foster care by another person, and an adult daughter/son of a man who had not been adopted by his wife.
The Ministry of Social Policy of Ukraine by the letter № 3204/0/10-13/039 of 12.07.2013 presented clarification on the accrual of a single social contribution on wages of disabled persons. According to Part 13 of Art. 8 of the Law “On Collection and Accounting of a single tax for obligatory state social insurance”, single tax for enterprises, institutions and organizations that employ people with disabilities, established at a rate 8.41% specified in par. 1 of part 1 of Art. 7 of this law of accrual basis a single tax for employed disabled persons. As the basis for the application of rate 8.41% according to par. 3.13 of section III of Instruction on charge and payment a single tax for obligatory state social insurance is a certified copy of the certificate from the act of examination at medical and social expert commission on the disability assessment.
Labour and salary
The Ministry of Social Policy of Ukraine by the letter № 380/18/99-13 of 22.07.2013 provided clarification on the average salary calculation for the calculation of allowance on temporary disability. The average salary calculation for the calculation of insurance payments carried out in accordance with the Procedure for calculation of average salary (income, cash coverage) for the calculation of payments on compulsory state social insurance, approved by the resolution № 1266 of Cabinet of Ministers of 26.09.2001.
The Ministry of Social Policy of Ukraine by letter № 290/13/116-13 of 06.07.2013 clarified the procedure of leave partition. The provisions of Article 12 of the Law “On Leaves” is provided the dividing of annual leave on a part but not an obligation of the employer to divide it into parts, as requested by the employee. The main continuously part of vacation with duration of not less than 14 calendar days is one part of annual leave which may be provided to the employee at his request. Moreover, this leave portion need not necessarily be as the first, second or other part thereof.
The Cabinet of Ministers of Ukraine by its resolution № 518 of 17 July 2013 made changes into the Procedure for providing of subsidies to the employer by the Social Protection Fund for Disabled Persons to create special workplaces for people with disabilities registered in the state employment service. The Procedure was approved by the Cabinet of Ministers of Ukraine of 27 December 2006 № 1836. In particular, it is determined that in case of address for investment support allocation to enterprises, organizations, non-governmental organizations of disabled, the territorial unit of the Fund shall submit the documents and information mentioned in paragraph 5 and 6 of Procedure, within 5 working days from the date of receipt of the regional, Kyiv and Sevastopol city state administrations, the Ministry of Social Policy of the Crimea for decision and transfer by Ministry of Social Policy of conclusion-proposal for granting or refusing in subsidies to enterprises, organizations, non-governmental organizations of disabled persons.
Securities
The National Securities and Stock Market Commission of Ukraine (NSSMC) by the decision № 1284 of 23.07.2013 approved the Procedure for the issuance of duplicate certificate of registration of the securities. In case of loss (damage) of the certificate of registration of the securities is issued to the Issuer its duplicate with an inscription at the top right “Duplicate” and indicating of the date of issuance of duplicate.
The Ministry of Finance of Ukraine by the order № 641 of 07.12.2013 approved the Procedure of coordination with the State Financial Monitoring Department by reporting entities (entities of initial financial monitoring – IFME) of timing of the requested information submission. Procedure establishes the procedure for approval by IFME, except specially defined, with State Financial Monitoring Department of submission deadline of the requested in the event of impossibility to provide by IFME of the terms, established by par. 9, 10 of part 2 of Art. 6 of the Law, for objective reasons, taking into account the amount of information that is requested.
The Ministry of Finance of Ukraine by the order № 561 of 28.05.2013 approved the Regulations on the implementation of financial monitoring by initial financial monitoring entities, government regulation and oversight of which is exercised by the State Financial Monitoring Department of Ukraine. Regulation establishes the general requirements for the organization and financial monitoring by reporting entities and their subdivisions, government regulation and oversight of them in the area of prevention and counteraction to legalization (laundering) of proceeds from crime and financing of terrorism by the State Financial Monitoring Department of Ukraine.
The National Securities and Stock Market Commission of Ukraine (NSSMC) by the order № 992 of 11.06.2013 approved the Regulation on the reporting procedure by depository institutions to the NSSMC, which applies to legal persons licensed to perform professional activity on the stock market – depository activities of depository institutions, fiduciary activities of collective investment institutions, fiduciary activities of pension funds, including those which had the right under the law to carry out of this professional activity during the administrative data submitting period.
The National Securities and Stock Market Commission of Ukraine (NSSMC) by its decision № 1247 of 16.07.2013 approved Requirements for the auditors’ report, which is submitted to the National Commission on Securities and Stock Market at carrying out of annual audit of its activities by the Central Securities Depository. Auditor's Report (Report of the independent auditors), which is submitted to NSSMC by the Central Depository during the annual audit of it's activities shall be made in accordance with the requirements of the International Standards on Quality Control, Auditing (ISAs), Review, Other Assurance and Related Services, particularly in ISA 700 – Forming an opinion and reporting on financial statements, ISA 705 – Modifications to the opinion in the independent auditor’s report, ISA 706 – Emphasis of matter paragraphs and other matter paragraphs in the independent auditor’s report, ISA 710 – Comparative information–Corresponding figures and comparative financial statements, ISA 720 – The auditor’s responsibilities relating to other information in documents containing audited financial statements.
The National Securities and Stock Market Commission of Ukraine (NSSMC) by the decision № 1100 of 20.06.2013 amended the Regulations on depository activities, which established the procedure of account opening in securities by foreign depository institution in the National Depository of Ukraine. Thus, the account opening is carried out by depository institution after the conclusion of the relevant agreement (contract on securities account, depositary agreement, securities issue service agreement, contract a correspondence matters agreement), and the submission of documents.
The National Securities and Stock Market Commission of Ukraine (NSSMC) by its decision № 1187 of 09.07.2013 amended the Regulation on the procedure for net asset value determining of non-state pension fund (mutual fund, common fund, professional fund), the effect of which extended to the Pension Savings Fund.
Other
The Ministry of Health of Ukraine by the order № 694 of 06.08.2013 approved the Hygienic Requirements for poultry meat and some indicators of its quality, which apply to all facilities (entities) which produce poultry in Ukraine and/or carry out its selling in the market of Ukraine.
The State Commission on Regulation of Financial Services Markets of Ukraine by the order № 2359 of 18.07.2013 amended the Regulations on financial criteria and norms of credit institutions activities which:
- added a number of new conceptual terms: fixed capital, subordinated capital, equity capital;
- established that the credit institution is unable to bear the risk against one person in excess of 15% of the equity capital. The credit institution is unable to bear the risk in relation to a group of related persons, more than 20% equity capital;
- determined that the subordinated debt included in equity capital of the credit institution in an amount not exceeding 50 percent of the fixed capital if the subordinated debt meets certain conditions.
The Cabinet of Ministers of Ukraine by the resolution № 569 of 07.08.2013 approved the Procedure for use of funds provided in the state budget for the financial support of targeted projects of ecological modernization of enterprises. The procedure defines mechanism of use of the funds provided by the state budget the program “Financial support for specific projects of ecological modernization of enterprises”. The recipients of budget funds are companies- environmental tax payers, direct customers of measures to modernize facilities that accounted for the balance of such companies, except companies which is recognized as bankrupt, for which opened investigation for bankruptcy, in a state of suspension, sanation, and those having arrears of taxes and duties to the state and local budgets, contributions to the pension fund and arrears of wages.
The Ministry of Energy and Coal Industry of Ukraine by the order № 317 of 05.06.2013 approved the Requirements for the employers to provide safe working in potentially explosive environments. Requirements apply to business entities regardless of ownership form and organizational and legal forms which activity is connected with potential possibility of occurrence explosive environment.
The Cabinet of Ministers of Ukraine by the resolution № 582 of 14.08.2013 amended the Rules for passage of oversized and heavy transport vehicles through roads, streets and rail crossings, which defined the procedure for permission obtaining to participate in road traffic of vehicles, the weight or dimensions parameters of which exceed normative. Permit is issued by traffic police departments on the basis of agreed upon documents with the owners of street and road network, railway crossings, bridge maintenance, services of city electric transport, power networks, electrification, telecommunication, which define the conditions and mode of passage of mentioned vehicles.
The Cabinet of Ministers of Ukraine by the resolution № 592 of 21.08.2013 agreed to implement the government external borrowing in 2013 by debt finance on the amount not exceeding 750 million dollars for the term of two year.
The Cabinet of Ministers of Ukraine by the resolution № 583 of 14.08.2013 prohibited equipment of parking places by economic entities on the sidewalks and the driveway roads. This prohibition, of course, does not apply to operators-business entities engaged in equipment and maintenance of parking facilities.
The National Bank of Ukraine by the letter № 11-116/2874/10064 of 16.08.2013 recalled on the Procedure for cash payments between the individual and the enterprise (entrepreneur). According to requirements of the Resolution № 210 “On establishing of the maximum amount in cash” of 01.09.2013, the cash payments between the individual and the enterprise (entrepreneur) for goods (works, services) should not exceed 150000 UAH. Individuals among themselves on contracts for the sale, which are subject to notarization can pay cash at a rate of not more than 150000 UAH.
The Ministry of Finance of Ukraine by the order № 628 of 27.06.2013 approved the National Accounting Standards 2 “Consolidated Financial Statements”. National Accounting Standards determines the procedure for preparation of the consolidated financial statements and the general requirements for disclosure on the consolidated financial statements.
The National Bank of Ukraine by the resolution № 277 of 15.07.2013 approved the Procedure for founding and using of a guarantee fund in the form of funds for ensuring of compliance with obligations on transactions with securities and other financial instruments. Procedure determines general organizational principles of founding and functioning of the guarantee fund in the form of means of enforcing of obligations for transactions in securities and other financial instruments as one of the mechanisms of the clearing members’ risks reducing and their clients regarding the non-fulfillment or improper fulfillment of obligations on securities transactions and other financial instruments.
The State Statistics Service of Ukraine by the order № 238 of 07.08.2013 approved the form of state statistical monitoring № 1-ПВ (working conditions) (every two years) “Report on the working conditions, benefits and compensation for work in hazardous conditions” and enters it into action, beginning with the report for 2013.
The National Commission for Regulation of the Electric Power Sector of Ukraine (NCRE) by the resolution № 899 of 11.07.2013 approved the Procedure for determining the regulatory asset base of natural monopoly entities the electricity sector, which establishes a mechanism for determining by licensees of regulatory asset base, asset groups included in the regulatory asset base of licensees, their useful lives and method into their account for the necessary income calculating from operations for the supply of electricity at regulated tariff and/or activity on electric power transmission by territorial (local) electric networks.
The Cabinet of Ministers of Ukraine by the resolution № 536 of 07.08.2013 approved changes in par. 2 of resolution № 228 of 14.02.2007 of the Cabinet of Ministers “On the Procedure for payment and the amount of cash compensation for fuel, repairs and automotive maintenance of vehicles and transport services”. It was determined that the cash compensation for fuel, repairs and automotive maintenance of vehicles paid to disabled persons, the legal representatives of children with disabilities who have cars and motorized wheelchairs – in the amount 22% and 16% correspondingly of subsistence minimum per one person who lost his ability to work per month, on the transport service – a 29% of subsistence minimum for one person who has lost the ability to work per the month.
The Cabinet of Ministers of Ukraine by the resolution № 533 of 01.08.2013 approved the criteria by which to assess the degree of risk from the economic activities related to sales (realization) of goods for which set the state price adjustment and is determined the planned activities periodicity of state supervision (control) by the State Inspectorate for Prices Control.
The Cabinet of Ministers of Ukraine by the resolution № 542 of 11.07.2013 set out in the new version of the Procedure for determining of the goods imported into the customs territory of Ukraine for use in the industrial production of motor vehicles, approved by the resolution № 1031 of the Cabinet of Ministers of 26 October 2005. The Procedure does not apply to economic entities which import goods into the customs territory of Ukraine for use in manufacturing of vehicles in accordance with the agreed prior to the entry into force of this Procedure of facilities setting-up programs which are required to implement of relevant industrial and manufacturing operations.
The Cabinet of Ministers of Ukraine by the resolution № 528 of 01.08.2013 established that the validity of licenses on activities for the issue and holding of lotteries issued by the Ministry of Finance of Ukraine in the process of renewal of registration certificates in accordance with Section II “Final Provisions” of the Law “On Amendments into Certain Legislative acts of Ukraine in order to introduce of state monitoring on the implementation of the lottery” is 13 years. Business entities that have received licenses to operate for the issue and holding of lotteries continue such activities on the basis of the licenses in view of the authorized duration.
The Cabinet of Ministers of Ukraine by the resolution № 515 of 11.07.2013 approved the Technical Regulations for toys’ safety and plan of measures for its application. It applies to the products intended for use in play by children under 14 years. The goods listed in Annex 1 are not considered as toys in accordance with this document.
The Ministry of Agrarian Policy and Food of Ukraine by the order № 362 of 11.06.2013 approved the Procedure for maintenance of the Register of grain and its processing products’ quality certificates. Register is the information system containing information on the issued and revoked by the State Inspectorate of Agriculture of Ukraine territorial authorities of grain and by-products quality certificates. The holder of Register is of the State Inspectorate of Agriculture of Ukraine.
The Ministry of Agrarian Policy and Food of Ukraine by the order № 409 of 04.07.2013 approved the form of an extract from the State Register of evaluators on expert monetary valuation of land plots. The above extract is available upon written application by individuals and legal entities.
The Ministry of Agrarian Policy and Food of Ukraine by the order № 383 of 18.06.2013 approved the form of documents submitted to customs authorities for import into the customs territory of Ukraine of materials, components, assemblies and/or components for the production of machinery and/or equipment for agriculture. It is referred to conclusion’ form that products with similar quality characteristics are not produced in Ukraine and the form of obligations by company for use of the imported goods for its own production.
The Ministry of Justice of Ukraine by clarification “Regarding certain provisions of the decision of the Cabinet of Ministers of Ukraine “Some questions of valuation for taxation purposes and the accrual and payment of other obligatory payments collected in accordance with the law” of 31.07.2013 was clarified that at issuance of the certificate about right for inheritance if the hereditary case open until 31 July 2013, may be used evaluation reports prepared and submitted to notary and attached to the hereditary case to 31 July 2013.
The Ministry of Energy and Coal Industry of Ukraine by the order № 375 of 14.06.2013 approved the Rules for the labor protection in the production of inorganic phosphorus compounds, which apply to all entities regardless of ownership and organizational and legal forms, engaging in the manufacture of chemical substances and chemical products.
The Ministry of Agrarian Policy and Food of Ukraine by the order № 285 of 30.04.2013 approved: application form on the territory regarding the evaluation of its compliance to specific raw materials zones; form of agro-ecological feasibility studies; form of the commission's conclusions on the possibility of special status granting to the manufacturer of raw material resource zone; form of submission on primary producer’ introducing in the register of special raw areas.
The Ministry of Ecology and Natural Resources of Ukraine by the order № 263 of 14.06.2013 approved the Procedure on state registration of works and studies related to the geological study of earth interior, which establishes an uniform procedure for state registration of works and studies related to the geological survey of earth interior in order to prevent duplication of further study of earth interior’s geological structure, identification and soil appraisal, environmental study of the geological terrain, clarifying of mining and technical, hydro geological and other conditions by mineral deposits exploitation and the use of earth interior for purposes other than mining of minerals.
The Verkhovna Rada of Ukraine adopted and the President signed the Law № 401-VII of 04.07.2013, which, in particular, amended the Law “On the Depository System of Ukraine”, which clarified that the Clearing Center for Contracts Traded on Financial Markets - the bank operates in the form of a public joint stock company in accordance with the Law “On banks and banking activity” in view of features established by the Law. In addition, from the Law excluded provision according to which the authorized capital of the Clearing Center for Contracts Traded on Financial Markets should be less than 100 million UAH.
The Verkhovna Rada of Ukraine adopted and the President signed the Law of Ukraine “On the disposal of vehicles” of 04.07.2013 № 421-VII, which defines the legal, organizational and economic frameworks of activities related to the disposal of vehicles on the territory of Ukraine. In particular, the Law establishes the requirements to vehicles reception depot, vehicle disassembly points, as well as the requirements for entities that manufacture (produce) vehicles and commit themselves to provide the recycling of their own production vehicles.
The Verkhovna Rada of Ukraine adopted and the President signed the Law “On Introduction of Amendments to Certain Legislative Acts of Ukraine Concerning State Registration of Ownership Rights on Immovable Property and Encumbrance Thereof” of 04.07.2013 № 402-VII. The Law, in particular, clarified that the reciprocal rights and obligations of mortgagor (collateral provider) and mortgagee (mortgage holder) arise from the moment of state registration of the mortgage loans. In addition, provided, that the transfer of a mortgage by endorsement provides to the endorsee all rights of mortgagee under a mortgage agreement and the principal obligation. Endorsee acquires the rights of a mortgagee after state registration of information about the collateral in accordance with the law.
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