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Lawyer's Blogs

Automated tax administration system or “manual control”: what to expect from proposed changes in the risk criteria for suspension of registration of tax invoices?

Published:   01.11.2017 |

The Ministry of Finance of Ukraine has issued a new draft on amending Order No.567 of 13.06.2017 “On Approval of the Criteria for assessing the risk level sufficient for suspension of registration of a tax invoice/adjustment calculations in the Unified Register of Tax Invoices”. The experts of Finance Business Service have considered what kind of changes may happen and whether they will simplify the “life” for business. Having removed the issue of regulatory technology and consistency of terminology, to which lack in some normative acts of the Ministry of Finance we are already accustomed, let us try to understand the consequences that taxpayers will have to face if such changes are adopted. Thus, the draft suggests introducing certain changes in the part of provision of the possibility not to take into account taxpayer data filed in the prescribed form, so-called “technological table”, by the State Fiscal Service of Ukraine. In which cases does the Ministry of Finance propose not to take into account the “technological table”? The Ministry of Finance defines two such cases, namely, when the supervisory body has received: Information that the “technological...

Account in the payment system or bank: where and who is better to open accounts

Published:   31.10.2017 |

Fintech sector is developing with seven leap steps now, offering great opportunities, as well as a high level of reliability and confidentiality. Online payment system is a fast and reliable way of receiving and transferring money through the Internet, making payments on contracts, withdrawing funds to cards, etc. Moreover, international payment systems (PS) enable you to open corporate and personal accounts with unique IBAN, make SWIFT and SEPA payments, while the procedure for opening an account is faster - up to 5 days, the KYC procedure is easier than in the bank. Another advantage is that the payment systems work with VISA, Mastercard, American express, etc. At the same time, the requirements of the banks for verification and identification of customers are constantly growing, banks stop servicing customers from classical offshore zones, moreover, the availability of registration in positive jurisdiction also does not guarantee that the bank will not close an account or it will not check each transaction thoroughly. Advantages and disadvantages of international payment systems (PS) Most of the PS issue their VISA, Mastercard cards or white-lable cards, which allow the...

Gambling Reform in Malta

Published:   27.10.2017 |

After conducting a series of consultations with the public and interested persons, technical studies and assessments of the financial and economic consequences, the Government of Malta intends to carry out a full reform of the current legislative framework regulating gaming activities. The proposed reform implies the abolition of all current legislation regulating gaming, and the introduction of a single law - the Gaming Act. The law will enable the competent minister to publish the rules and also give authority to the relevant regulatory body (Malta Gaming Authority - hereinafter “MGA”) to publish the Directives and other regulations if necessary, thereby ensuring timely and flexible interventions, especially with regard to technical specifications and processes. Within the framework of optimizing the supervision and modernization of the existing gaming infrastructure, the main state priority in the gambling sphere will be the flexibility of the regulator in the decision-making process and the reduction of the unnecessary regulatory burden, as well as the simultaneous strengthening of supervision in the spheres of the highest risk. One of the main changes in the course...

Singapore has reviewed income taxation

Published:   20.10.2017 |

The legislative body of Singapore has approved a number of amendments and additions to the Income Tax Bill of 2017 (Income Tax Bill 2017). The specified changes involve a substantially changed approach to the policy of income taxation. It should be noted that during the discussion of this package of changes in the parliament, Minister of State for Finance of Singapore stated that a significant reduction in corporate tax would be achieved by raising the minimum taxable amount from 20,000 Singapore dollars (approximately 14,753 USD) to 25,000 Singapore dollars (approximately 18 441 USD). However, there will be no change in percentage terms, and the relaxation will remain at the level of 50%. At the same time, starting in 2018, the amount of relaxation will be 20% of the tax payable at an income of 10,000 Singapore dollars (approximately $ 7,376). Minister of Finance of Singapore also stressed that this package of changes would help companies overcome economic uncertainty and continue their restructuring. In addition, starting in 2018, a taxpayer will be able to claim a tax deduction for the full amount of payments that were made in accordance with the agreements on the distribution...

Will pressure on business decrease due to changes to risk assessment criteria?

Published:   17.10.2017 |

It is well-known that from July 1, 2017, taxpayers have faced significant problems related to suspension of the registration of tax invoices. Before launching the system of "blocking" of tax invoices, the Ministry of Finance of Ukraine stated that the problem of suspension of the registration of tax invoices for manufacturers, service providers, and agricultural producers would be solved by submitting data in the established form of the so-called "technological table". However, in practice everything turned out to be completely different, and therefore these categories of enterprises are forced to file notice constantly, explanations and a "technological table" for each suspended tax invoice. That is, the promises of the Ministry of Finance of Ukraine were not kept, which caused quite justified discontent among small and medium businesses. The Ministry of Finance is trying to rectify the situation by amending paragraph 3 of the "Criteria for assessing the risk degree sufficient to suspend the registration of the tax invoice/adjustment calculation in the Unified Register of Tax Invoices" approved by Order No.567 of 13.06.2017 (hereinafter - the Criteria). The amendments to the...

Will the approach to admission of appeals from judgements change that are not subject to independent appeal

Published:   10.10.2017 | blog

It is known that the procedural codes of Ukraine contain provisions that establish the right of the parties to judicial proceedings (and in some cases, also other persons) to appeal against judgments. In most cases, the procedural codes contain a specific list of court decisions that are subject to appeal. However, they also contain provisions limiting the right to appeal against a number of court decisions. In other words, not all judgements are subject to immediate appeal (Article 392 of the Code of Criminal Procedure, Article 293 of the CCP, Article 185 of the CACS, Article 106 of the CEP). Article 8 of the Constitution of Ukraine provides that "the Constitution of Ukraine has the highest legal force. Laws and other normative legal acts are adopted on the basis of the Constitution of Ukraine and must comply with it". In accordance with the paragraph 8 of part 2 of Art. 129 of the Constitution of Ukraine, one of the main principles of the proceedings was "the provision of statutory and cassation appeal of a court decision, except for the cases established by law". In this regard, the provisions of the procedural codes on the limitation of the right to appeal a number of court...

Realities of M&A transactions in the Netherlands

Published:   05.10.2017 |

First of all, it is important to clarify what the M&A deals are. So, M&A deals ("Mergers & Acquisitions", mergers and acquisitions) constitute a set of activities aimed at merging two or more companies into one corporation with a single governing body, which is accompanied by the transfer of control of business management from one company to another other. M&A deals are a special kind of investment, based on the principles of voluntary consent of all participants of the process and mutual benefit. Such a phenomenon as mergers and acquisitions occurred due to the application of the world experience of the corporate management in the field of company restructuring. The M&A market in the Netherlands is currently very active. This is due to a combination of indicators such as access to cheap loans, positive economic data and constant competition for quality assets. After the parliamentary elections in the Netherlands in early 2017, several parties are attempting to form a coalition government. Once it has been formed, new legislative initiatives are expected. In the third quarter of 2017, the Dutch economy grew by approximately 3.5% and, according to official sources, it will continue...

Disclosure of beneficial owners as obligatory requirement becomes norm

Published:   05.10.2017 |

In recent years, the world community has realized the importance of the corporate transparency. The Panama Papers, high scandals with corruption and tax evasion have caused a radical shift in the attitude towards anonymous companies. The creation of the registers of beneficial owners (hereinafter referred to as "the UBO registers") is considered as the main instrument for increasing transparency. This idea underlies the EU legislation, FATF recommendations, G20 initiatives, the OECD project to combat on Base Erosion and Profit Shifting. For the EU Member States, the obligation to establish the UBO registers, stipulated by the fourth Anti-Money Laundering Directive (AMLD IV), entered into force on June 26, 2017. However, there are still many questions about how the UBO registers will work in practice. The European states independently define in the national legislation such terms as "legal entity", "legal structure" and "UBO". The concern about data confidentiality is also increasingly growing in Europe, as the countries are discussing who should be allowed access to the registers and for what purpose. Will they provide information only to law enforcement and regulatory...

New requirements for opening a bank account in Malta

Published:   03.10.2017 |

Malta is rapidly becoming an international banking center, and today it has offices of more than 25 international banks. Among them are HSBC, BNP Paribas Fortis, Deutsche Bank, as well as the world-famous Mediterranean Bank, Bank of Valleta and APS Bank Ltd. The Maltese banks remain well-capitalized and have high liquidity which makes them attractive both for the deposits of individuals and legal entities, and for current banking operations. Until recently, opening a bank account in Malta was a simple and quick procedure for the customers from around the world, provided they met the requirements of the bank. However, in connection with the implementation of the new European legislation which entered into force in 2014, the European Central Bank assumed the authority to regulate the banking system of Malta at the highest level, significantly tightening the regulatory requirements for the prevention of money laundering and financing of terrorism (Directive (EU) 2015/849). Consequently, the local banks had to reconsider their requirements for the KYC procedure ("know your customer") and compliance. Now, not everyone can open a corporate bank account in Malta. Our specialists have...

New european legislation on regulation of financial services markets will soon come into effect

Published:   29.09.2017 |

On January 3, 2018, a new MiFIDII will come into force, significantly changing the existing requirements on regulating the financial markets in the EU. We will consider in today's blog what exactly is MiFIDII and how the regulation of the European financial markets will change. The MiFIDII (Markets in Financial Instruments Directive) is the common name for a complex network of legislation, which includes two Directives and three EU Regulations, supported by a number of technical standards and guidelines of the European Securities and Markets Authority (ESMA). The measures provided for in the Regulations are directly applied in the EU member states. For the implementation of other standards and harmonization of the national legislation, the updated requirements are established by the competent authorities in each Member State. The current MiFID was adopted in 2004 and it operates with small updates of the end of 2007. Thus, the MiFID not only preceded the financial crisis, but it also did not consider many business models and technologies, which today became a common phenomenon. Consequently, there was an extreme need for such an update. When developing the new provisions, the EU...