Lawyer's Blogs

To date, a fairly large number of taxpayers are carrying out their activities in the field of processing of customer-owned raw materials. The processing of customer-owned raw materials on the territory of Ukraine can be conditionally divided into two groups: the first - processing of raw materials received from a resident, the second - raw materials received from a non-resident, imported into the customs territory of Ukraine with subsequent export of the finished products (re-export). If it is quite clear with the first group, then regarding the processing of the raw materials imported by a non-resident and the procedure for the export of the finished products, certain questions arise. The specialists of Finance Business Service were considering the procedure for the processing of the customer-owned raw materials of the non-resident on the customs territory of Ukraine, as well as the features of the customs and currency regulation of this business transaction. Schematically, the processing of the customer-owned raw materials looks as follows: Most economic relations begin with the conclusion of an agreement. According to its legal nature, the agreement for the processing of...

We have repeatedly paid your attention to the changes in the Tax Code of Ukraine, introduced by the Law of Ukraine No. 1797-VIII of 21.21.2016, and the peculiarities of their influence regarding the taxpayers. Today, the Finance Business Service wants to draw attention to another important aspect that arose in connection with the adoption of the above-mentioned Law. Thus, by Law No. 1797-VIII of 21.12.2016, the Tax Code of Ukraine was supplemented by Article 120-1. The issues regulated by this article can be conditionally divided into two groups: 1) violation of the terms of registration of the tax invoice / adjustment calculations; 2) mistakes made in the tax invoice / adjustment calculation. The amount of the penalty for the violation of the deadlines for the registration of the tax invoices is determined as a percentage of the amount of the value-added tax specified in the tax invoice, and the amount of interest depends on the number of missed days from the deadline for the registration. This rule does not apply to the tax invoices made for the supply of goods / services for the transactions exempt from the taxation or those that are taxed at a zero rate. TIME OF...

As is known, from July 1, 2017, the system of "blocking" of tax invoices was started, which entailed considerable difficulties. The specialists of the Finance Business Service were considering what actions and decisions of the supervisory bodies the taxpayers faced, how and what can be disputed in connection with such introductions. First, we will determine what normative acts regulate these relations. First of all, it is: - The Tax Code of Ukraine (art. 56 and paragraph 201.16 art. 201) - Resolution of the Cabinet of Ministers of Ukraine No. 1246 of December 29, 2010 (as drafted in the Resolution of the Cabinet of Ministers of 26.04.2017 No. 341), which approved the Regulations on the procedure for maintaining the Unified Register of Tax Invoices; - Resolution of the Cabinet of Ministers of 29.03.2017 No. 190, which approved the Grounds for the taking the decision by the SFS Commission on the registration of a tax invoice / adjustment calculation in the Unified State Register of Tax Invoices or on refusal of such registration; - Order No. 566 of the Ministry of Finance of Ukraine of 13.06.2010, No. 566, registered in the Ministry of Justice of Ukraine under No. 752/30620 of...

Business Ombudsman as Additional Argument in Tax Disputes How and When You Can Apply to Business Ombudsman? We got used to the fact that the administrative consideration of the tax disputes is carried out by the head or commission of the controlling body and, as a rule, does not lead to positive results. At the end of 2016, the Ministry of Finance of Ukraine amended the Order No. 916 of 21.10.2015 "On approval of the order of registration and filing of complaints by the taxpayers and their consideration by the regulatory authorities". After adopting these changes, a fundamentally new mechanism of administrative appeal against the decisions of tax authorities has appeared. The novels were: the consideration of complaints in open and closed sessions, as well as the involvement of an authorized representative of the Council of Business Ombudsman. It should be reminded that the Council of Business Ombudsman was established in Ukraine on the basis of the Resolution of the Cabinet of Ministers of Ukraine No. 691 of 26.11.2014 and it is a permanent advisory body of the Cabinet of Ministers of Ukraine. Among other things, the Council of the Business Ombudsman was established...