Taxes
Income Tax
The Ministry of Revenues and Duties of Ukraine by the letter № 17802/7/99-99-19-03-02-17 of 12.09.2013 reported, that paid in the 2013 advance payments of income tax at payment of dividends and not considered in the tax reduction of the amount of advance payments at the payment of dividends for the previous year, reduce the amount of payable tax liabilities of the taxpayer in declaration for 2013.
The Ministry of Finance of Ukraine by the letter № 31-08410-07-27/22430 of 25.07.2013 informed that depreciation of low-value non-current tangible assets is calculated in accordance with par. 27 of the Standard of Accounting 7. In the event of depreciation change from straight-line depreciation method to the 100 percent method of the value accrual in the first month, the residual value of such object of low-value non-current tangible assets can be depreciated in the month following the month of such changes.
Value Added Tax
The Ministry of Revenues and Duties of Ukraine by the letter of 13.09.2013 reminded: if the seller of goods/services refuses to provide a tax invoice or violates the procedure of its filling or procedure of registration in the Unified Register of tax invoices, the buyer of such goods or services is entitled to add to the VAT tax return for the reporting tax period the application with complaint on the supplier. The application is submitted in the form according to Annex 8 (Д8) Declaration on the VAT, to which included copies of checks or other commercial settlement documents certifying the fact of payment of tax in connection with acquisition of such goods/services. Also possible to attach the copies of original documents confirming the fact of receiving of such products/services.
The Ministry of Revenues and Duties of Ukraine by the letter № 4911/6/99-99-19-04-02-15 of 14.06.2013 reminded that, in accordance with subpar. 197.1.27 of par. 197.1 of art. 197 of the Tax Code of Ukraine from VAT taxation exempted transactions for the supply of medicinal products permitted for production and use in Ukraine and filled in the State register of medicines (including by pharmacies), as well as operations for supply of medical designation products, according to the list approved by the Cabinet of Ministers of Ukraine. Exemption from VAT taxation, provided by par.197.1 of art. 197 of the Tax Code of Ukraine, does not apply to the operation with excisable goods specified in Sec. VI of this Code.
Other taxes and duties
The Cabinet of Ministers of Ukraine by the resolution № 685 of 18.09.2013 approved the forms of environmental tax payment certificates for scrappage taken out of use of motor vehicles and the exemption from environmental tax payment for utilization taken out of use vehicles. Before introducing of certificates issuing as forms of strict reporting the revenues and duties authorities during importation of vehicles into the customs territory of Ukraine and manufacturers during the sales of vehicles issue certificates for mentioned samples.
The Ministry of Revenues and Duties of Ukraine by the clarification of 10.09.2013 informed about the list of documents submitted by legal entities, IEs and private persons to obtain public key substantial certificate (Key Substantial Certificate). In particular, the legal entity to obtain substantial key certificate must submit defined list of documents.
The Ministry of Revenues and Duties of Ukraine by the letter № 14101/7/99-99-18-05-01-17 of 06.08.2013 reminded that for registration of the permanent establishments of non-residents and representative offices of foreign legal entities are required to apply within 10 days from the date of state registration (accreditation, legalization) in the prescribed manner to the tax authority at its location. For the registration of the representation of foreign company or representative offices shall submit to the tax authorities at its location the defined list of documents.
Customs policy
The Ministry of Revenues and Duties of Ukraine by the letter № 6666/7/99-99-24-03-09-17 of 30.08.2013 reminded that the part 3 of art. 470 of the Customs Code of Ukraine is stipulate responsibility for exceeding, established by art. 95 of this Code, of the delivery required date of goods, commercial motor vehicles, customs or other documents for these commodities for more than ten days. The same responsibility is envisaged for loss of these goods, vehicles, documents or issuing of them without the permission by authorizes the Ministry of Revenues and Duties.
Single Social Contribution
The Ministry of Revenues and Duties of Ukraine by the order № 453 of 09.09.2013 approved the Procedure for acceptance by banks of the settlement documents for the salary payment. The document regulates the mechanism of acceptance by financial institutions of cash checks, payment orders and other payment documents for the issuance (transfer) of funds for salary on which charged single contribution for obligatory state social insurance.
Control and responsibility
The Ministry of Internal Affairs of Ukraine by the order № 761 of 09.08.2013 approved new Procedure for monitoring compliance with License Conditions of Conducting of security activity, which applies to all entities licensed by Ministry of Interior to conduct of security operations.
The Ministry of Economic Development and Trade of Ukraine by the order № 965 of 14.08.2013 approved unified form of inspection certificate on compliance with the requirements concerning the formation, fixation and application of state-regulated prices. Inspection certificate is made in two copies, one of which is given under the signature about receipt to an official or authorized person of the entity and the other remains in the bodies of State inspectorate of Ukraine for control of the prices.
The National Commission for Energy State Regulation of Ukraine (NERC) by the resolution №1105 of 15.08.2013 made changes into the Licensing Requirements on economic activities in the supply of natural gas, coal-bed methane at regulated tariff. The amendments provide for business entities that guaranteed by the Cabinet suppliers of gas to industrial customers annual amount of gas consumption which exceeds 3 million cubic meters, and enterprises engaged in the production of thermal energy the territory carrying out activities on gas supply at regulated tariffs is the territory where are located these consumers.
The Ministry of Finance of Ukraine by the order № 695 of 26.07.2013 approved the Notification Procedure of reporting entities (subjects of primary financial monitoring) about the initiation of the pre-trial investigation (or the fact of the criminal proceedings closing in the pre-trial investigation) and informing the subjects of financial monitoring about decisions taken by the courts.
The Ministry of Agrarian Policy and Food of Ukraine by the order № 507 of 20.08.2013 approved the unified form of the inspection certificate of compliance by business entities of veterinary and sanitary requirements for manufacturing capacities (facilities) for the production of bee products. The State Veterinary and Phytosanitary Service of Ukraine during carrying out of state supervision (control) activities will inspected only those questions which contain the specified inspection act.
The Ministry of Economic Development and Trade of Ukraine by the order № 787 of 12.07.2013 approved the Regulations on the implementation of financial monitoring by reporting entities, government regulation and compliance monitoring of which is exercised by the Ministry of Economic Development and Trade of Ukraine.
The Cabinet of Ministers of Ukraine by the resolution № 631 of 01.08.2013 approved the Procedure on inspections conducting of the state procurement by the State Financial Inspectorate and its regional offices, which is defined by their procedure. For example, public procurements inspected by supervisory authority during the inspection with the requirements of the Procedure on inspection conducting, as well as during the state financial audit.
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. Hygiene requirements do not apply to poultry meat produced for personal consumption and personal peasant farms for sale in the agricultural markets.
The Ministry of Infrastructure of Ukraine by the order № 465 of 10.07.2013 approved Licensing Terms of tour operator activities which define an exhaustive list of organizational, qualification and other special requirements, mandatory for entities that conduct tour operator activities.
The Ministry of Infrastructure of Ukraine by the order № 524 of 26.07.2013 approved the Licensing Terms for carrying out of activities on services providing for passengers transportation and dangerous goods, luggage by river and sea transport. Licensing Terms are mandatory for all entities (regardless of their organizational and legal form and ownership form), engaged in provision of services on passenger transportation, dangerous cargoes and luggage by river and sea transport and licensed for this type of business.
Labour and salary
The Ministry of Social Policy of Ukraine by the letter № 9884/0/14-13/13 of 04.09.2013 informed on the calculation of working hours norms for 2014.
The Ministry of Social Policy of Ukraine by the order № 471 of 01.08.2013 approved application form for inclusion into the List of entities which provide mediation services in employment, and business entities engaged in hiring employees for the subsequent performance of work in Ukraine in other employers.
Securities
The National Securities and Stock Market Commission of Ukraine (NSSMC) by the decision № 1466 of 13.08.2013 approved the Procedure for determining of the securities exchange rate in which it is determined that it is calculated on the day of the exchange trades from the weighted arithmetic mean of exchange-traded contracts (agreements) prices concluded in such trading day, which simultaneously meet the number of requirements.
The National Securities and Stock Market Commission of Ukraine (NSSMC) by the decision № 1407 of 06.08.2013 approved the Regulations on the preparation and presentation of information regarding the self-regulatory organizations and associations of professional stock market participants to the National Securities and Stock Market Commission. The document defines structure, term and procedure for submission to NSSMC of information by self-regulatory organizations and professional participants associations regarding their activities on the stock market.
The National Securities and Stock Market Commission of Ukraine (NSSMC) by the decision № 1468 of 13.08.2013 approved the Regulations on the structure and amount of expenses which reimbursed by the assets of collective investment institution (CII). Among other things, the approved Regulations provide that through the CII assets are paid costs associated with the provision of its activity.
The National Securities and Stock Market Commission of Ukraine (NSSMC) by the decision № 1414 of 06.08.2013 approved the Regulations on the peculiarities of the asset management activities of institutional investors. The document determines the basic features, requirements, limitations and peculiarities of the asset management activities of institutional investors by asset management company and persons engaged in asset management of non-state pension funds.
The National Securities and Stock Market Commission of Ukraine (NSSMC) by the decision № 1336 of 30.07.2013 approved a new Regulation on the procedure for determining of the value of the net assets of collective investment institutions, which, inter alia, provides that the asset management company calculates the net asset value separately for each collective investment institution.
The National Securities and Stock Market Commission of Ukraine (NSSMC) by the decision № 1408 of 06.08.2013 approved amendments to the Regulations on the preparation and submission of administrative data on the activities by securities traders to the National Securities and Stock Market Commission.
The National Securities and Stock Market Commission of Ukraine (NSSMC) by the decision № 1331 of 30.07.2013 identified features of the activities of the National Bank as a participant in the depository system of Ukraine. Thus, the National Bank pursuance of the authorization set out in Part 1 of Art. 17 of the Law “On the Depository System of Ukraine”, according to the obtained depository assets provides depository and clearing activities on internal and foreign government bonds of Ukraine, the special purpose internal government bonds of Ukraine, the Ukrainian treasury obligations and local bonds, debt securities which certify loan relations of local governments which have been placed outside of Ukraine.
The National Securities and Stock Market Commission of Ukraine (NSSMC) by the decision № 1332 of 30.07.2013 approved the Regulations on global certificate and temporary global certificate. The document defines the procedure for registration and record keeping of global certificates and temporary global certificates, their details and list of documents submitted by the issuer (the authorized person of founders, who are competent to carry out activities related to the creation of joint-stock company, an asset management company with which the corporate investment Fund has concluded contract on asset management, trustee) to the Central Securities Depository at depositing of global certificates or temporary global certificates.
The National Securities and Stock Market Commission of Ukraine (NSSMC) by the decision № 1104 of 20.06.2013 approved the new Regulations on procedure of offering prospectus registration and the issuance of shares of corporate investment fund.
Market of financial services
The State Commission on Regulation of Financial Services Markets of Ukraine by the order № 2401 of 23.07.2013 approved the Qualification requirements for insurance agents, required for the implementation of intermediary activity with obligatory insurance of civil and law liability of owners of vehicles, which apply to insurance agents-individuals, insurance agents-individuals, who are registered in the prescribed manner as business entities, and employees of insurance agents-legal entities who are responsible for the implementation of mediation in the field of compulsory insurance of civil liability of owners of vehicles.
The State Commission for Regulation of Financial Services Markets in Ukraine by the № 2504 of 30.07.2013 amended the Regulation on financial operating standards and quality criteria of control systems in credit unions and associate credit unions. Changes, in particular, removed the norm, which it was assumed, that the amount of residue on granted to the credit union’ members the loans can not be less than 60% of total assets, increased by the sum of actually formed reserve of cover costs from unrecovered loans.
The State Commission for Regulation of Financial Services Markets in Ukraine by the regulation № 2363 of 18.07.2013 approved the Procedure for adoption by the State Commission for Regulation of Financial Services Markets of Ukraine (SCRFSMU) of decision on the agenda of the founders of non-state pension fund meeting, which did not take place twice in a row on grounds of their ineligibility due to lack of a sufficient number of representatives of the founders’ representatives.
The State Commission for Regulation of Financial Services Markets in Ukraine by the regulation № 2361 of 18.07.2013 approved the changes in the Procedure on preparation and presentation of statements by credit unions and association of credit unions to the SCRFSMU. Changes, in particular, provide that in the event of a large credit provision by credit union, the credit union must file irregular reporting data to the State Commission for Regulation of Financial Services Markets of Ukraine.
The State Commission for Regulation of Financial Services Markets in Ukraine by the regulation № 2364 of 07.18.2013 stated in a new version the Regulations on filling of information about non-state pension funds into the Public Register of Financial Institutions, which define the requirements for non-state pension fund for granting of the status of financial institutions and procedures on registration by the State Commission for Regulation of Financial Services of relevant information about the non-state pension fund into the State Register of Financial Institutions.
The State Commission on Regulation of Financial Services Markets of Ukraine by the order № 2402 of 23.07.2013 amended the Procedure on Preparation and Delivery of reporting by the credit agencies to the State Commission for Regulation of Financial Services Markets of Ukraine, which obliges the credit institutions to submit irregular reporting data in the event of gross borrowing providing. As the gross borrowing means a loan provided by the credit institution in accordance with one or more loan agreements (including taking into account the additional agreement(s) to this loan agreement(s) to one borrower (one or more borrowers who are related or affiliated persons) within 30 calendar days from the date of the first loan agreement for an amount equal to or greater than one million UAH.
The State Commission on Regulation of Financial Services Markets of Ukraine by the order № 2360 of 18.07.2013 excluded from the List on internal regulations and procedures of the credit union a norm, according to which, in case of changes to the internal regulations of the credit union, was obliged within 15 working days after the occurrence of changes to submit to the State Commission for Regulation of Financial Services Markets of Ukraine corresponding changes together with documents confirming adoption of such changes.
The State Commission on Regulation of Financial Services Markets of Ukraine by the order № 2262 of 11.07.2013 approved new Requirements to ratings of financial reliability (stability) of insurers and reinsurers-non-residents and procedure of their confirmation, which extend to insurers-non-resident, who have the right to carry out insurance business in Ukraine under the legislation of Ukraine (hereinafter – insurers-non-resident); insurers (reinsurers)-non-residents with whom insurers-residents or reinsurance brokers conclude reinsurance contracts (hereinafter – reinsurers-non-resident); reinsurance brokers, including permanent missions of non-resident brokers (hereinafter – reinsurance brokers), through which or through the mediation of which the insurer-resident conclude reinsurance contracts with reinsurers-non-residents in the view of information submission by reinsurance broker about the reinsurance at reinsurance-non-resident, financial reliability (stability) rating of which meets to the requirements; insurers-residents entering into reinsurance agreements with reinsurers-non-resident.
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 the following conditions: subordinated debt agreement provides that in the event of bankruptcy or liquidation of the borrower's, repayment of funds of it's loan shall be made only after borrower's obligations over other creditors; the period for which involved subordinated debt must not be less than five years. Loan repayment before the maturity date (full or partial) on subordinated debt is permitted only for the initiative of the credit institution and only if it does not lead to failure by the credit institution of the Regulations requirements.
Other things
The Ministry of Internal Affairs of Ukraine by the order № 780 of 13.08.2013 approved the Technical description of the international driver's license, which stipulates that it is manufactured in accordance with Annex 1 to the Resolution № 47 of the Cabinet of Ministers of 31.01.1992 “On approval of samples of national and international driving licenses and documents required for registration of transport vehicles”.
The Ministry of Agrarian Policy and Food of Ukraine by the order № 508 of 22.08.2013 approved the Procedure on normative monetary valuation of non-agricultural land (excluding lands of inhabited localities).
The Ministry of Infrastructure of Ukraine by the order № 551 of 26.07.2013 approved the Procedure on advanced training of managers and specialists, whose work is related to the provision of road transport services. The document defines the organizational structure of the advanced training of managers and specialists, whose work is related to the provision of road transport services, for traffic safety issues, labour protection and fire safety, establishes the procedures for determining of training centers of advanced training of managers and specialists and requirements to them, procedures for knowledge test of managers and specialists.
The Ministry of Infrastructure of Ukraine by the order № 520 of 26.07.2013 introduced amendments to the order № 1151 of the Ministry of Transport and Communications of 13.12.2006 “On approval of forms of standard register ship's papers”, which, inter alia, approved form of certificate of surveyor of ship for its registration. In addition, there are approved technical descriptions of forms of standard register ship's papers.
The Ministry of Infrastructure of Ukraine by the order № 631 of 21.08.2013 approved the Procedure on provision of services to ensure the prevention and liquidation of the spills polluting substances in the ports of Ukraine. This document defines the requirements for the provision of services to ensure the prevention and liquidation of the spills of pollutants into water area and on the territory of sea port and extending to the administration of ports of Ukraine, the owners (users) of sea terminals, stevedoring companies, port operators, terminal operators, shippers, consignees, ship owners, cargo owners, carriers, their representatives and other persons involved in the processing and storage of cargo, ships servicing on the territory and in water area of seaport.
The Cabinet of Ministers of Ukraine by the resolution № 641 of 28.08.2013 excluded from the Procedure on issues of warehouse documents forms for grain storage, its transfer and sale to cornhouses enabling provision, that the forms of warehouse documents for grain are the strictly accountable documents.
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 № 639 of 28.08.2013 redrafted the Procedure on payments charging for the implementation of licensing procedures in the field of nuclear energy. Such procedures are administrative services provided by the State Nuclear Regulatory Committee and its territorial bodies.
The Cabinet of Ministers of Ukraine by the resolution № 643 of 03.07.2013 approved the Technical Regulations on maintenance service and repair of wheeled vehicles and plan of measures for its implementation, which defines the requirements for the performer of maintenance and repair of wheeled vehicles, their components (systems) and provided their services (performed works) as well as to the conformity assessment of such services.
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 Ministry of Ecology and Natural Resources of Ukraine by the order № 350 of 15.08.2013 approved the Procedure for opening and maintenance of the State Register of business entities, engaged in taking-over and/or disassembly of recyclable vehicles, which establishes a procedure of accumulation, processing, systematization, storage, environmental security and using of information data from the Register and also defines a mechanism for registration (exceptions) of the subjects in (from) the Register.
The Cabinet of Ministers of Ukraine by the resolution № 665 of 17.07.2013 approved the Procedure for maintenance of the Register of agricultural receipts, which is created with the purpose of accumulation, processing, storage and presentation in accordance with the law of information on agricultural receipts issued by debtors, as well as persons who are the debtors and creditors under such receipts. The holder of the register is the Ministry of Agricultural Policy, which ensures its maintenance.
The Ministry of Industrial Policy of Ukraine by the order № 4 of 29.08.2013 approved the application form on entry of business entities in the register of enterprises which produce (manufacture) vehicles and have pledged to provide utilization of vehicles its own production. The application and the documents attached thereto are considered by Ministry of Industrial Policy within 15 days from the date of receipt.
The State Statistics Service of Ukraine by the letter № 05.2-8/107 of 23.07.2013 informed that the companies which engage in motor vehicles operation have the right not to make out drivers trip tickets. If necessary, the enterprises independently make decisions regarding the use of drivers’ trip tickets in their business.
The Ministry of Finance of Ukraine by the order № 707 of 26.07.2013 approved the Procedure for appeals consideration and personal reception organizing of citizens in the State Financial Inspection of Ukraine and its territorial offices. Document defines the procedure for the consideration by the State Financial Inspection of Ukraine and its territorial units appeals of citizens and officials of enterprises, institutions, organizations, inquiries and recourses of people's deputy of Ukraine, deputies of local councils and the organizing of personal citizens reception, in addition to the appeals procedure for the provision of primary legal assistance, requests for information and complaints of law enforcement and objections (comments) which send objects of control.
The Cabinet of Ministers of Ukraine by the resolution № 683 of 21.08.2013 approved the Procedure for issuing, circulation, discounting of financial treasury bills issued as an electronic document and paying for them. The document defined the mechanism of their issuance, circulation and discounting.
The Ministry of Ecology and Natural Resources of Ukraine by the order № 375 of 29.08.2013 approved the Procedure for organization of auctions’ conducting in the proceedings in bankruptcy cases and requirements for the organizers concerning the property of state enterprises and enterprises in the authorized capital of which the share of state ownership exceeds fifty percent.
The Ministry of Infrastructure of Ukraine by the order № 550 of 26.07.2013 approved the Operation regulations for wheeled vehicles, which determined the mechanism of the safe keeping of wheeled vehicle of categories M, N, O during the operational lifetime by road carriers (owner, lessee), self-employed motor carrier, and also by enterprises, institutions and organizations of all forms of ownership.
The Ministry of Infrastructure Ukraine by the order № 549 of 26.07.2013 approved Rules for technical exploitation of the wheels and pneumatic tires of vehicles of categories L, M, N, O and special machines made on their chassis, which apply to businesses and individuals which manufacture, transport, intend to purchase or order, sell, acquire, operate, repair, transfer for utilization of pneumatic tires and wheels of vehicles of categories L, M, N, O and special machines made on their chassis.
The Ministry of Infrastructure of Ukraine and the Ministry of Revenues and Duties of Ukraine by the order № 606/351 of 14.08.2013 approved the Procedure for the organization of weights and dimension control of vehicles and other self-propelled machinery at sea and river traffic crossing points in terms of information exchange. The document stipulates that the weights and dimension control of vehicles crossing the state border of Ukraine through the crossing points is carried out by appropriate territorial authorities of Ministry of Revenues and Duties of Ukraine required by law.
The Ministry of Infrastructure of Ukraine by the order № 662 of 04.09.2013 approved the List of compulsory pilotage areas and categories of ships exempt from compulsory pilotage. The document is obligatory for the use by companies which provide pilot services, the captains of seaports within the limits of the water areas of which is carried pilotage and ships owners whose ships navigate in compulsory pilotage areas.
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