REVIEW OF THE MAIN LEGAL NEWS FOR BUSINESS (№6/2017)
Lawyers of LF «Dmitrieva & Partners» have prepared the list of the main legal news for business.
Among the main news:
The mechanism of currency transfer abroad on the basis of electronic individual licenses has been introduced
In accordance with the NBU Board resolution No. 54 of June 15, 2017 "On Amendments to Certain Legislative Acts of the National Bank of Ukraine" beginning from July 3, 2017 individuals will be able to transfer foreign currency abroad on the basis of electronic individual licenses...
The NBU proposes to simplify the procedure for opening and maintaining of bank accounts for clients and making cashless payments.
The NBU proposes to provide the regulation for such questions:
- Cancelation of the obligation to use the seals on documents (including settlement documents);
- Conclusion of agreements on bank account opening and bank deposit in e-form, particularly in form of joining to a public offer for conclusion of the agreement by a client.....
On the taxation of the income obtained by the assigement of property rights (SFSU letter from 20.06.2017 Р. N 746/П/99-99-13-02-03-14/ІПК)
According to the Tax Code of Ukraine assignment of right of demand is a transaction to assign a right of demand to a third party debt to a new creditor with the prior or subsequent compensation of the value of such a debt to the creditor or without such compensation...
On the calculation of the term of payments in export, import operations
In connection with the entry into force of the Resolution of the Board of the National Bank of Ukraine (hereinafter – the NBU) dated May 25, 2017 no. 41 the NBU provided the clarification regarding the calculation of the term of payments in export, import operations and the provision to the tax authorities of the information provided in clause 5.9 of section 5 of the Instruction on the Order of the Control of Export, Import Operations, approved by the Resolution of the Board of the National Bank of Ukraine dated March 24, 1999 no. 136 (hereinafter - the Instruction).
Amendments to procedural codes
The Verkhovna Rada of Ukraine adopted in the first reading amendments to the Economic Procedural Code, the Civil Procedural Code and the Code of Administrative Legal Proceedings.
The list of circumstances, which indicate the presence of the threat of incurring of a tax debt, ahs been supplemented
By its resolution of June 7, 2017 no. 393 the Cabinet of Ministers of Ukraine included in the list of circumstances indicating the existence of the threat of incurring or accumulation of a tax debt and evidence of the existence of such circumstances, approved by the Regulation of the Cabinet of Ministers of Ukraine dated December 27, 2010 no. 1235, force majeure circumstances (circumstances of superior force) indicated in part two of article 14-1 of the Law of Ukraine "On Chambers of Commerce and Industry in Ukraine" that objectively make it impossible to fulfill obligations stipulated by the terms of the contract (agreement, etc.), and other legislative acts.
Regarding the consideration of the amount of irrecoverable financial assistance, received from a non-resident, in the determination of the criteria of a controlled operation
The amount of the rendered (received) irrecoverable financial assistance is taken into account when determining the value criterion of controlled operations for the purposes of the transfer pricing and is reflected in the Report on Controlled Operations with the Operation Name Code 034 of Appendix 3 to the Order of Preparation of the Report on Controlled Operations, approved by the order of the Ministry of Finance of Ukraine of 18.01.2016 no. 8 (Letter of the SFSU dated June 22, 2017 no. 768/6/99-99-15-02-02-15/IPK)
Regarding the taxation of interest on funds raised by residents of Ukraine from nonresidents before 25.12.2013 in the form of loans or financial credits (raised by placement of foreign debt securities on a foreign stock exchange)
One of the requirements is that the non-resident to whom the interest is paid and/or the authorized by them person (if the interest is paid through such a person) are not residents of jurisdictions which, as of the date of placement by the non-resident of foreign debt securities, are included in the list of states (territories) approved by the Cabinet of Ministers of Ukraine in accordance with sub-p. 126.96.36.199 of sub-p. 39.2.1 of p. 39.2 of art. 39 of the Code.
The fee for land of communal property
In its letter dated 21.06.2017 no. 762/6/99-99-12-02-03-15/IPC the State Fiscal Service of Ukraine clarified from which date the obligation with respect to the determination of tax obligations regarding payment for land plots where the objects of communal property are located, in the case of their transfer into the management of a communal enterprise under the act of acceptance-transfer of communal property.
Taxation of income in the form of dividends
In its letter dated 16.06.2017 no. 682/6/99-99-13-01-01-15/IPC the State Fiscal Service of Ukraine clarified the taxation of income in the form of dividends.
The order of dividend payment and restrictions on dividend payment
In its letter dated 15.06.2017 no. 644/IPK/28-10-01-03-11 the State Fiscal Service of Ukraine gave the explanation regarding the order of dividend payment and restrictions on dividend payment.