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Author: Rolan Bondarets

The “blocking” criteria and conditions for submitting documents to the SFS have undergone changes

Published: Rolan Bondarets | 05/09/2017 | news

On July 21, 2017, the Ministry of Finance of Ukraine approved changes to the Criteria for assessing the degree of risks that is sufficient to stop the registration of a tax invoice / adjustment calculation in the Unified Register of Tax Invoices. The innovations will come into force at once after the official publication of the Order of the MFU No. 654 by which they are stipulated. The changes mainly concerned the subparagraph 1 of the paragraph 6 of the Criteria, which will introduce the following: "The volume of delivery of goods / services specified in the tax invoice / adjustment calculations submitted for the registration in the Register is 1.5 times greater than the amount that equals to the remainder of the difference of the volume of the acquisition in the customs territory of Ukraine of such goods / services (except for the volume of purchase of goods / services on the operations exempted from taxation and subject to taxation at zero rate) and / or import of such goods into the customs territory of Ukraine specified since January 1, 2017 in the received tax invoices / adjustment calculations, registered in the Register and customs declarations and the volume of...

SFS held a seminar on the topic “topical issues of tax administration”

Published: Rolan Bondarets | 05/09/2017 | news

Seminar in the Main Department of the SFS of Kyiv on the topic "Topical issues of tax administration" On August 10, 2017, a seminar on the topic "Topical Issues of Tax Administration" took place at the Main Department of the SFS of Kyiv (Sholudenka street, 33/19). Needless to say that "blocking" of tax invoices was in the epicenter of the discussion - the most painful issue for the taxpayers today. The event announced the introduction of changes to the Order of the Ministry of Finance of Ukraine of 13.06.2017 # 567 regarding the criteria for the risks sufficient to "block" tax invoices. It was said that these amendments have already been submitted for the registration to the Ministry of Justice of Ukraine. Unfortunately, the representatives of the institution did not inform what changes had taken place and how weighty they were. Therefore, we are waiting for the official publication and we hope that innovations will make life easier for the taxpayers in the aspect of tax administration. Problem issues that were discussed at the seminar: 1. Non-acceptance ("non-consideration") of the "technological card of the enterprise": It was clarified that the...

Traders of securities will be required to provide reports on the conclusion of “suspicious” contracts

Published: Rolan Bondarets | 04/09/2017 | news

On June 22, 2017, by the Decision No. 460 of the National Commission on Securities and the Stock Market, the changes in the Regulations on the procedure for compiling and submitting of the administrative data on the activities of traders of securities in the NCSSM (Decision No. 1283 of the National Commission on Securities and Stock Market) were made. The innovations provide for the need to give the information on the conclusion of the "suspicious" contracts by the trader of securities. We remind that a "suspicious" contract should be understood as an agreement with the securities on the exchange or over-the-counter market, which price for listing securities and securities used to calculate the stock exchange index differs from the last calculated exchange rate by 20% or more, and for non-listed securities, it differs from the last calculated closing price of the trading day by 50% or more. In accordance with this definition, a "suspicious" contract can be a contract concluded both on the exchange and over-the-counter market. However, guided by the principle of the distribution of reports, according to which the stock exchange itself reports on exchange contracts, the trader of...

Is it possible to form tax credit through transactions with fictitious counterparties?

Published: Rolan Bondarets | 01/09/2017 | news

The leading tax lawyer of the Finance Business Service, Rolan Bondarets, gave an interview to the First Business TV Channel on the topic "Fictitious counterparty and tax credit". The conversation was devoted to a topical, but at the same time, debatable and ambiguous matter: if the enterprise has the right to form a tax credit through economic transactions conducted with the counterparties that are subsequently admitted fictitious. The examples from real court practice were considered: Rolan Bondarets cited the conclusions of the highest courts of Ukraine, compared the current positions of the Supreme Court of Ukraine and the ECHR, and also expressed his personal opinion on this issue. At the end of the interview, the expert told the entrepreneurs about the practical recommendations how to independently check domestic and international counterparties for the signs of...

On September 7 EBA Education team together with Finance Business Service will hold a master class on problems of tax invoices blocking

Published: Rolan Bondarets | 08/08/2017 | news

Date: September 7, 2017 Venue: EBA Kyiv Office, 1A Andriyivskiy Uzviz An attempt to automate the system of tax administration and eliminate the human factor was adopted to reduce the corruption component. This led to the consequences that the taxpayers predicted in advance. Regulatory authorities actively denied the possibility of their occurrence. The implementation of an automated blocking of tax invoices led to a large number of unjustified stopped registrations of tax invoices. There were cases of subsequent refusal in their registration. These problems have arisen since the full-fledged launch of the automated blocking of tax invoices. A powerful blow from the launch of tax invoices automated blocking was felt by the most vulnerable sectors of the real economy. These were manufacturing enterprises and enterprises providing services. This problem has also affected the business that is engaged in commercial activities. This was due to the impossibility of accounting for tax overhead balances by the lock program in warehouses and other nuances. The target audience: This topic is relevant for all registered payers of value added tax, and those who intend to register a payer...