Legislative news digest: LEGAL HOTLINE 12.09.2017

THE PROCEDURE FOR DIRECTING TAX CLAIMS TO TAXPAYERS BY REGULATORY AUTHORITIES CAME INTO FORCE

On September 08, 2017, the Procedure for Directing Tax Claims to Taxpayers by Regulatory Authorities, approved by the Order of the Ministry of Finance of Ukraine No. 610 of June 30, 2017, came into force.
This Procedure provides for an increase in the threshold amount of tax debt, subject to the achievement thereof a regulatory authority will send (hand in) a tax claim for 20 to 60 tax-exempt minimums of the citizen income.
Another novelty is the possibility of sending tax claims to taxpayers, who submit tax reports in electronic form via electronic means in compliance with the requirements of the law on electronic document circulation and electronic digital signature.

AMENDMENTS WERE INTRODUCED TO THE ELECTRONIC CABINET OF A TAXPAYER

The State Fiscal Service of Ukraine (SFS) has created an application program interface (API) and client software to be used in external software products of banks and other financial institutions for the purpose of sending and receiving electronic messages about the opening/closing of taxpayers’ accounts through the Electronic Cabinet.
In particular, as of September 1, 2017, the software module provides for downloading message files on the opening/closing of taxpayers’ accounts in the national and foreign currencies and in securities, on the opening/closing of correspondent accounts in banking institutions, which are formed by the software of financial institutions, as well as applying to message files electronic digital signatures (EDS) of responsible officials from financial institutions and performing other functions.

THE VERKHOVNA RADA OF UKRAINE ADOPTED THE LAW “ON AMENDMENTS TO THE TAX CODE OF UKRAINE AS REGARDS THE TAXATION OF INCOME OF NON-RESIDENT INVESTORS IN SECURITIES”

According to the amendments introduced to paragraph 141.4.10 of the Tax Code of Ukraine, income shall not be subject to tax, if non-residents earned it:

• in the form of interest or income (discount) from government securities, or municipal bonds, or debt securities, fulfilment of obligations thereunder is secured by the state or local guarantees, or in the form of other income from government securities paid by the central executive body, which ensures the formation and implementation of the state fiscal policy,
• or in the form of interest paid to non-residents for loans which were received by the state, the budget of the Autonomous Republic of Crimea, or the city budget (loans or external borrowings) reflected in the State Budget of Ukraine, or local budgets, or estimate of the National Bank of Ukraine (NBU), or for credits (loans) which were received by economic entities and fulfilment thereof is secured by the state or local guarantees.

THE GOVERNMENT SIMPLIFIED THE PROCEDURES FOR DIMENSIONS AND WEIGHT CONTROL OF VEHICLES

The Resolution of the Cabinet of Ministers of Ukraine No. 671 of August 30, 2017 amended the Procedure for conducting dimensions and weight control and charging of fees for travelling by public use highways by vehicles and other self-propelled vehicles and mechanisms, the weight and/or dimension thereof exceed the normative ones.
In addition to the general simplification of the procedure for the dimensions and weight control, the Resolution cancelled the restrictions on the transportation of dangerous, perishable goods, as well as animals on the public use highways in the daytime, if the temperature rises above +28 degrees Celsius.
Other important changes are related to the release of vehicles engaged in international transportation of goods from the need to undergo weight control, provided there is an international weighing certificate available.