Сергей Панов, Author at Finance Business Service

Since January 1, 2017 Ukraine will join to the Plan of BEPS

Published: Sergey Panov | 25/11/2016 | blog

Such news was told by the Ministry of Finance of Ukraine after transfer on November 22 by the Minister of Finance of the official letter on accession to the General secretary of OECD (Organization for Economic Cooperation and Development) which is the author of this Plan. The plan of BEPS (Base Erosion and Profit Shifting) was developed for fight, which connected with tax evasion and creating of equal conditions for all taxpayers companies. In general the plan of BEPS provides large-scale reorganization of the existing system of the cross-border taxation. It contains 15 points of counteraction to aggressive tax planning among which there are enhancements of rules of transfer pricing, the income taxation of the controlled foreign companies, prevention of avoiding taxation by international treaties, exchange of financial information, etc. With acquisition of official membership in BEPS Ukraine will undertake the liability to implement the minimum standard of the Plan including four points: fight against the tax speculation connected with use of special tax regimes; avoidance of abuses in case of application of tax conventions; disclosure of information on using schemes of...

Compensation to individuals for damage caused by the abuse of the financial services industry

Published: Sergey Panov | 23/11/2016 | blog

Began operating a law on compensation to individuals for damage caused abuse in financial servicesOn November 18 it was officially published, and on November 19 the Law of Ukraine came into force "About introduction of amendments to some laws of Ukraine concerning compensation to physical persons, through system of guaranteeing household deposits, the harm done by abuses in the sphere of banking and other financial services", in consequence of that in some way were changed the "rules of the game" in the field of guaranteeing deposits of individuals. The main innovation is equating with a contribution of loans and household deposits in the non-bank financial institutions performed through bank which acted as the attorney under the relevant agreement and and on the date of entry into force of the Law it is recognized as insolvent. An obligatory condition for the acceptance of such funds contribution and the physical persons which performed their placement / provision – investors, is lack of the written prevention of the bank signed by the investor that the guarantees provided by the law on system of guaranteeing household deposits don't extend to these means. In practice, this...

Hungary plans the lowest corporate tax of the EU

Published: Sergey Panov | 21/11/2016 | news

Mihaly Varga, Hungary's Minister of National Economy, announced about decision of government to reduce the corporate tax rate lower than 10 percent next year. On November 18, behind the scenes of the Regional Digital Conference in Budapest, he made the announcement during which he unveiled the plan of the government to impose a single rate for nine percent of the corporate tax. Now, the headline shows, that the rate of Hungary of the corporate tax constitutes 19 percent, and there is lower level of the income tax of 10 percent on the first 500 million Hungarian forints (1.7 million US dollars) of the income. Dramatic movement would give Hungary one of the lowest corporate tax rates in the world and one of the lowest in the European Union "onshore" jurisdictions. Varga said that this measure will save companies about 145 billion HUF (500 million US dollars) a year tax. The Government expects to compensate the shortfall through controlled growth to increase tax revenues. The government plans to introduce a new tax rate of 1 January 2017. Author: Olena Kutova senior lawyer of the Finance Business Service company ...

The tax residency

Published: Sergey Panov | 04/11/2016 | blog

Against the background of the active introduction of more and more countries, the automatic exchange of financial accounting information provided by the multilateral agreement of the competent authorities ("The Multilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information", abbr. "MCAA") becomes apparent inevitability of joining in the near future Ukraine's this agreement. Recall that the MCAA involves automatic annual exchange of information on the accounts of non-residents between the competent (tax) authorities of countries that have signed the agreement. This fundamental question is the definition of tax residence of the account holder, as the information about it will be sent to the competent tax authorities of the country, the tax which he is a resident. Tax residency financial institution is determined primarily through independent determination of the account holder, on the basis of the information specified in the documentation to open an account. If the account holder declares the absence of residence for tax purposes, the financial institution determines its residency at the main office location. It is important to understand that...

Future changes in the Convention between Ukraine and Cyprus on avoidance of double taxation

Published: Sergey Panov | 29/09/2016 | blog

The Ukrainian parliament is currently being finalized for submission to the discussion of the draft law on ratification of the Protocol amending the Convention between the Government of Ukraine and the Government of the Republic of Cyprus for the avoidance of double taxation and prevention of tax evasion on income tax. This Protocol provides for changes in the taxation of dividends, interest on loans, as well as the alienation of the property income. With regard to dividends, the top rate will be reduced from 15 to 10%. But lower tax rate - 5% survive only if ownership of at least 20% of the capital of a legal entity. But how exactly a person - remains a mystery, as in the original text of the Protocol stated "Partnership About", ie the "Partnership", while the bill "Partnership About" translated as "Society". As such, this provision leaves room for corruption because it allows you to abuse the tax authority in determining the rate that must be applied by the payer. The rate of taxation of interest on loans increased from 2% to 5%. Changes are also proposed concerning the taxation of income from the alienation of shares and corporate rights. Unfortunately, due to the...

A new procedure of registration of documents for travel of Ukrainian citizens abroad for permanent residence

Published: Sergey Panov | 28/09/2016 | blog

On October 1, 2016 shall come into effect a new "Procedure for the production of applications for registration of documents for traveling of Ukrainian citizens abroad for permanent residence", approved by order of the Ministry of Interior from №816 16.08.2016g. (Hereinafter - the Order), which defines the procedure for receiving and reviewing applications, making of them, as well as the execution of decisions taken. This document has been designed "On Amendments to Certain Legislative Acts of Ukraine regarding the documents that prove citizenship of Ukraine, of identity or her special status to liberalize the EU visa regime for Ukraine" on demand received two months earlier, the Law of Ukraine, which also come into force on October 1, and will replace the old order of 2004. In accordance with the new procedure, the application for registration of documents for traveling abroad for permanent residence is served in the territorial division of the State Migration Service at the place of registration of the person in Ukraine to the head of the territorial body of the GMR. Persons under 16 years of serving the application in person (in duplicate), and on behalf of persons...

About one-off declaration of individuals’ assets

Published: Sergey Panov | 27/09/2016 | blog

All sensational ideas and discussions about the "tax amnesty shadow of assets" or "legalization of income of dubious origin" embodied in the Tax Committee developed ASU bill "On Amendments to the Tax Code of Ukraine and other legislative acts of Ukraine concerning the single declaration of assets of individuals." The draft law MPs are planning to introduce the procedure of single declaration, which envisages the voluntary submission by resident individuals Ukraine in the period from 01 October to 31 December 2016 the information to the tax authorities of its assets (cash, securities, precious metals, real estate and construction in progress , vehicles, aircraft and watercraft, valuable personal property, corporate law, financial instruments, the right to property benefit, other property rights and intangible assets) without specifying their cost and sources of origin. Will be declared as assets under joint ownership, as well as those owned by the other person, manages assets for the benefit of the subject of the declaration. Finish with a single declaration of payment of the amount of tax liability, independently determined in a one-time declaration (such an obligation shall be...

Accepted the order for identifying the banks risk operations

Published: Sergey Panov | 29/08/2016 | blog

National Bank of Ukraine has established an order for identifying the banks risk operations From the first in September 2016 comes into force, established by the Board of the National Bank of Ukraine №369 from 15.08.2016, the order of the document analysis and verification by banks (information) on financial transactions and their participants (hereafter - the Order). In particular, the list of indicators of risk operations, as well as change some existing ones. Just would like to draw your attention that prior to the adoption of the above order, the identification of risk transactions were settled a few officials of the National Bank of Ukraine letters. This Procedure adopted in order to prevent the commission of risky activities by banks, threatening the interests of depositors or other creditors of the bank and increase the effectiveness of risk management. It should be noted that the provisions of the Order are binding on all banks in Ukraine, as well as all the branches of foreign banks in Ukraine. On the basis of the provisions of the Order, any bank is obliged to provide a comprehensive analysis and verification of documents (information) on financial...

The liberalization of the requirements of the NBU continues

Published: Sergey Panov | 26/08/2016 | blog

In August 2016 the Board of the National Bank of Ukraine has taken a number of decisions, which are quite important. In particular, significant changes have touched: the procedure for the exchange of currency, lending practices by non-residents and residents of the order of transfer of funds, both in national and in foreign currency to non-residents. Next, we will focus in more detail on each of the following changes. Currency exchange An important and fundamental change, published 03.08.2015, the Instruction on the organization of currency exchange operations in the territory of Ukraine is the abolition of the requirement of a resident of documents confirming identity in carrying out various operations on the exchange or conversion rates. However, I would like to clarify that the changes do not cancel, and allow banking institutions not to require proof of identity of the resident in the commission of the following operations: Sale of foreign currency in the amount not exceeding the equivalent of 150 000 (one hundred and fifty thousand) hryvnia; The purchase of foreign currency in the amount not exceeding the equivalent of 150 000 (one hundred and fifty...

Ukraine launches a new system of customs administration

Published: Sergey Panov | 15/08/2016 | news

After the introduction on August 1 of the new customs administration system in Ukraine the authorities are checking to ensure the functioning of the system and consider next steps. August 1, 2016 a new project was launched under the name of "single window", which allows customs posts and regulatory authorities will automatically exchange data on cargo crossing the border of Ukraine. Planned modernization of management processes (customs, veterinary, sanitary, phytosanitary, radiological and environmental), which later will be carried out with an automatic electronic data exchange. In a statement released after the introduction of the system, the finance minister said: "The Ministry of Finance initiative aims to primarily expand the automated process of «single window», which will greatly simplify and speed up customs procedures It should facilitate a life to businesses and eliminate opportunities for corruption related to customs clearance. During the week the Ministry of Finance will check the work of a new project at the customs control authorities and points of registration in Ukraine". Looking ahead, the Ministry of Finance will seek to implement the already...

Author: Сергей Панов