- Why do businesses need individual tax advice? 🤔
- How not to lose the status of a single tax payer?
- How will the introduction of criminal offenses affect business?
- Businesses were exempted from penalties under loan agreements for the quarantine period
- Can nightclubs, restaurants and cinemas be open after 23:00?
- Updated State Register of Legal Entities, Individuals and NGOs
- The right of permanent use of the land plot by a farm is NOT TERMINATED in case of death of the founder in whose name the state act was issued
- The obligation to register and keep an income book has been abolished!
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Why do businesses need individual tax advice? 🤔
Individual tax consultations (abbreviated - IPK) - is an explanation of the tax for a particular taxpayer on the practical application of certain rules of tax and other legislation, which is controlled by the tax.
What are the benefits of CPI?
✅If the taxpayer acts in accordance with the IPC granted to him, he cannot be held liable for violating the tax or other legislation in respect of which the IPC was granted.
How to get an IPC? ⁉️
To obtain an IPC, the taxpayer must apply to the tax office in writing or electronically, which must contain:
➡️name of SO or full name of FOP;
Телефону phone number and e-mail address;
➡️ USREOU code (for legal entities) or tax code for FOP;
⚠️ indication of what is the practical need to obtain tax advice (citing the facts);
➡️signature of the taxpayer or a qualified electronic signature;
➡️date of application.
In response to the request, the tax office must provide the IPC within 40 calendar days.
Note‼ ️
IPC must contain:
➡️name - individual tax consultation;
➡️registration number in the unified register of individual tax consultations;
➡️description of issues raised by the taxpayer;
⚠️s substantiation of application of norms of the legislation and the conclusion on questions of practical application of norms of the legislation, on questions raised by the taxpayer.
What should a taxpayer do with a poor IPC? ⚠️
If the IPC provided to the taxpayer does not contain a clear explanation of the norms of tax and other legislation or it does not specify how to use these norms in practice, the taxpayer may appeal such IPC in court.
How not to lose the status of a single tax payer⁉️
Few people know that the Tax Code of Ukraine (TCU) provides not only the possibility of using a simplified system of taxation (the same single tax), but also the grounds for losing such an opportunity 😱.
The taxpayer must switch to the general taxation system in the case of:
🔸exceed of the income limit during the calendar year.
Currently, the TCU sets the maximum amount of income for a calendar year for group I payers - UAH 1 million, for group II - UAH 5 million, for group III - UAH 7 million.
We remind you that these limits have been increased only recently and they will be fully operational from next year.🔸complications are not in cash.
This is the offsetting of debts and payments for goods for goods or services for services.🔸in the case of carrying out activities that do not give the right to apply the simplified taxation system.
A complete list of such activities in 291.5 and 291.5-1 of the TCU. One of the interesting examples is the lease of residential real estate over 100 sq.m. or commercial - more than 300 sq.m.🔸exceeding the allowed number of employees. For example, a single taxpayer of group II can hire no more than 10 employees at a time.
🔸presence of tax debt in excess of UAH 1,020 for each first day of the month for two consecutive quarters.
There are cases when the tax adds small fines or small amounts of taxes and sends the documents on the surcharge to the address of registration of the private individual. Letters are lost, and accrued taxes are converted into tax debt. Therefore, we recommend that you regularly check in the taxpayer's office whether you have a tax debt by accident.🔸implementation of activities not specified in the register of single tax payers.
Here we are talking about NACE. Entrepreneurs often forget about their NACE and can sell a product or provide a service that is not covered by their NACE.🔸performance by payers of I and II groups of activities that are not provided by the TCU.
Another popular reason for losing the status of a single tax payer.
For example, a group II taxpayer may provide services only to single tax payers or the population. It is enough to provide a service to the company on the general system and it will already be considered a violation.⚠️If the tax authority independently finds a violation by the taxpayer of the conditions of stay on the simplified taxation system, then such a taxpayer will be forced to cancel his status, and in many cases, the imposition of additional taxes and fines.
From July 1, the Criminal Code introduced the concept of "criminal offense" 👮♀️ In simple words, it is like a light version of crimes that are considered under the simplified procedure and for which a person does not receive a criminal record.
How will this affect the business?
The changes create risks of increasing the number of corporate frauds ⚠️
From now on, the seizure of funds in the amount of up to UAH 100,000 is not a crime but a misdemeanor. That is, a scammer can simply pay a fine and not even get a criminal record‼ ️How to detect?
In most cases, such frauds are committed by employees who have access to finance 💰 For example, an unjustified decline in the financial performance of an enterprise is an indicator of fraud.The phenomenon is so commonthat even the absence of detected cases of theft in recent years can only indicate their skillful concealment. Therefore, it is time to audit and pay attention to employees who have access to cash, bank accounts or valuables.
Businesses at all levels are suffering from corporate fraud. What do we recommend to the owner?
✅ Periodically engage an external consultant to conduct the audit
✅ Switch to non-cash forms of payment
✅ Introduce a control system that will monitor the movement of finances
✅ Create a transparent system of motivation for employees (bonuses, bonuses)Adherence to these recommendations will significantly reduce the risks of corporate fraud 💰
Businesses were exempted from penalties under loan agreements for the quarantine period💸
On July 4, 2020, the Law of Ukraine № 691-IX of June 16, 2020 entered into force, which amended the Civil and Commercial Codes.
According to this law:
A borrower who has overdue a monetary obligation under a loan (loan) during the quarantine period and / or within thirty days after its completion shall be released from the obligation to pay a penalty, fine and penalty for such delay (In general, penalties are set by contract or law.
Therefore, the borrower will be released from the obligation to pay penalties, fines and penalties established by contract or law.
However, the law does not specify its retroactive effect❌
Therefore, the release of legal entities from penalties for the period from 12.03.2020 to the date of entry into force of this law 04.07.2020 may be controversial. We expect the application of this law in practice by banks and courts.
Legal entities are indisputably exempted from penalties under loan agreements from 04.07.2020‼ ️
⚠️It should be remembered that the lender is not deprived of the opportunity to recover the mortgage or collateral in case of breach of the loan agreement.
So can nightclubs, restaurants and cinemas be open after 23:00? 🤔 Let's understand.
On July 8, the Cabinet of Ministers, by another resolution №588, amended Resolution №392, which currently establishes quarantine until 31.07.2020.
Among other things, Resolution №588 prohibits work after 11 pm and until 7 am. But to whom ❓☝️
🙅♀️ Entertainment establishments (night clubs).
🙅♀️ Catering establishments (restaurants, cafes, bars, snack bars, canteens, cafeterias, cafeterias, etc.).
🙅♀️ Cultural institutions (libraries, museums, theaters, cultural centers, etc.).⚠️Attention! Cinemas 📽 and establishments that provide address delivery 🚴♀️ or takeaway orders 🥡 work after 23:00 "PERMITTED"
Another interesting question: Can at the local level to establish a relaxation? No, they can't. At present, only additional measures and measures to strengthen the already established anti-epidemic measures can be established at the local level.
PS And about the situation that arose in Kyiv due to the mayor's statement. No decision on granting a work permit to the above institutions after 23:00 standing committee on TEB and NA regarding coronavirus in Kyiv DID NOT ACCEPT, so the situation in the capital is the same as in the whole territory of Ukraine.
Attention ⚠️ The state register of legal entities, sole proprietors and NGOs will not work 05.08.2020 until 17.08.2020😱
(The Ministry of Justice says it will be launched earlier on August 17, 2020)
During this period, state registrars will not be able to perform any registration actions ❌In this regard, we advise you to carry out registration actions in advance before 05.08.2020 or after 17.08.2020.
❕It is also not necessary to submit documents to registrars on 04.08.2020, because if the state registrar stops the registration, you will be able to submit corrected documents only after 17.08.2020.The updated registry will have the following benefits:
✅simplified access of users to the register;
✅free search for information according to a separate unit of a legal entity;
✅new registration actions: introduction and cancellation of the ban on registration actions, making changes to the information about the separate subdivision;
✅new printed forms of registration documents (application, decision to refuse) and updated existing ones (extract, extract, description of submitted documents, notice of refusal);
✅possibility of forming an extract after any registration action;
✅possibility of requesting the issuance of copies of documents on the registration file;
✅ Termination of sole proprietorships and making changes to the information on SOs in one stage;
✅possibility of accounting for family farms;
Вийnew section - "ultimate beneficial owner";
ФормиUpdated forms for entering information.
⚡️The right of permanent use of the land plot by a farm is NOT TERMINATED in case of death of the founder in whose name the state act was issued
This conclusion was made by the Grand Chamber of the Supreme Court in the decision of 23.06.2020 in the case № 922/989/18 (http://reyestr.court.gov.ua/Review/90458880), thus solving an exceptional legal problem that has long troubled Ukrainian farmers.
What is the problem? 🤔
With the adoption of the new Land Code, the right of citizens to receive land plots for permanent use for farming has disappeared from its provisions. Instead, a transitional period was established for the existing right of permanent use for its re-registration for lease or ownership. However, such a rule was declared unconstitutional and allowed farms to continue using land on a permanent basis without the need for any re-registration. It seems all is well. That's not all…
Problems began to arise when the founder, who received the right to land, died or decided to leave the farm.
How to act in such a situation? "After all, a state act is issued in the name of a natural person-founder"
⚖️ Finally, the Supreme Court answered this question:✅ Obtaining land by a natural person-founder was and is a necessary condition for state registration of a legal entity - a farm, and therefore the land is given to a person not as a citizen of Ukraine, but as a special entity - the head of the farm.
✅ From the moment of the state registration of a farm it acquires both powers, and legal obligations concerning use of the land plot.
✅ Neither the death of the founder, nor his withdrawal from the membership is grounds for termination of the right of permanent use of land. Such a ground is only the termination of the relevant farm.
⚠️The obligation to register and keep an income book has been abolished!
Every entrepreneur was faced with an income book 📖.
What is it?
The purpose of the book can be understood from its title. This is a kind of reporting in which the entrepreneur must record 🖌their daily income 💸.Currently, the entrepreneur must register the income book in the tax immediately after state registration.
To do this, the entrepreneur must take the book to the tax office, where the book is signed and stamped, and then go to pick it up. That is, to register a book, an entrepreneur must visit the tax office at least twice, and then fill it out every day😱.What will change❓
On July 14, the Verkhovna Rada abolished the mandatory registration and maintenance of income books for sole proprietors of 1-2 groups of the single tax and 3 groups that are not VAT payers.✅The changes come into force on January 1, 2021. That is, from 2021, entrepreneurs who currently keep books will no longer need to do so.
So, from January 1, 2021, in order to register as a sole proprietorship, you will not even need to leave home, it is enough to have a computer and Internet access🔥.
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