Legislative news digest: LEGAL HOTLINE 19.04.2018

Discount rate is saved at the level of 17%

The decision of the National Bank of Ukraine as of April 12, 2018 No. 204-рш “On the level of discount rate” discount rate was saved at the level of 17%.

To the Regulator’s opinion after four increases of discount rate in a row the monetary conditions as for now are quite strict to provide reduction of inflation to the benchmark figure in the midterm perspective.

Changes in procedure of coordination of simultaneous planned inspections

The resolution of the Cabinet of Ministers of Ukraine as of December 06, 2017 No. 1109 “On amending the Procedure of coordination of simultaneous planned inspections (revisions) by controlling bodies and bodies of state financial control” came into force on April 12, 2018. The resolution amends the procedure of coordination of simultaneous planned inspections (revisions) by controlling bodies and bodies of state financial control.

The document sets annual basis (instead of quarter) for planning by the bodies of State Fiscal Service of Ukraine (hereinafter – the “DFS Ukraine”) of documentary scheduled inspections in the schedule of their conduction, which shall be published on the official website of DFS Ukraine until December, 25 of the year preceding the year in which such inspections will be carried out.

Tax rates for interests and royalty between Ukraine and Switzerland will increase

The Cabinet of Ministers of Ukraine by the order as of April 4, 2018, No. 212-p approved the draft of Protocol between the Government of Ukraine and the Swiss Federal Council on amendments to the Convention between the Government of Ukraine and the Swiss Federal Council about avoidance of double taxation regarding income and capital taxes and the Protocol thereto, executed in Kyiv on October 30, 2000. The Cabinet of Ministers of Ukraine authorized Minister of Finances Oleksandr Danyliuk to sign the aforementioned Protocol.

The draft of the Protocol provides:

• increasing of taxation rates for interests and royalty – from 0 % to 5 %;
• improvement of mutual agreement procedure (resolution of tax disputes) through arbitration;
• expansion of possibilities of Contracting States regarding exchange of tax information without reservation as to requirements of national tax interest or banking secret.

The rules of state support for agribusiness in 2018 were defined

The Cabinet of Ministers of Ukraine has doubled the amount of net annual income (from 10 to 20 million UAH) for the agricultural enterprise which may claim for state support in the form of compensation of loan interest in the amount of discount rate of the National Bank of Ukraine.

The relevant changes are prescribed by the resolution of the Cabinet of Ministers of Ukraine No. 254 dated February 7, 2018, which came into force on April 11, 2018.
Priority in obtaining of state support in 2018 was granted to agricultural enterprises that are engaged in outdoor growing of, sugar beet, horticulture and berries.

At the same time, the list of activities of the applicants for compensation is supplemented by the following positions:

• breeding of small cattle;
• breeding of rabbits and pigs;
• breeding poultry (except breeding of chickens and poultry for eggs).

Obligation to obtain energy efficiency certificates was changed

The government has approved a list of buildings that are not subject to mandatory certification of energy efficiency. These are buildings of industrial and agricultural purposes, objects of energy, transport, communication and defense, storage facilities. Owners of such buildings may receive certificate and carry out measures of energy efficiency at their own discretion. The abovementioned information is available on the Governmental web portal – www.kmu.gov.ua.

Also, according to the Law of Ukraine No. 2118-VIII “On Energy Efficiency of Buildings” certification of energy efficiency is mandatory for:

1. objects of construction (new construction, reconstruction, major repairs), which according to the class of consequences (responsibilities) are related to the objects with average (CC2) and significant (CC3) consequences (are determined in accordance with the Law “On regulation of urban development activities”);
2. buildings of state ownership with a heated area of more than 250 square meters which are often visited by citizens and all in premises of which state authorities are located;
3. buildings with a heating area of more than 250 square meters in all premises of which local government authorities are located (in case of thermo-modernization of such buildings);
4. buildings in which thermo-modernization process is carried out, on which state support is granted and which results in the achievement of class of energy efficiency of the building not lower than minimum requirements.