Tax and Legal news

Below, you will learn about:

• Important amendments to the Procedure for Suspension of Registration of a Tax Invoice/Adjustment Calculation in the Unified Register of Tax Invoices
• Use of electronic signatures of the European Union countries
• The National Bank Of Ukraine has shortened the deadlines for settlements on exports of certain goods
• The term for using paper declarations for the import of humanitarian aid to Ukraine has been extended

        
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Important amendments to the Procedure for Suspension of Registration of a Tax Invoice/Adjustment Calculation in the Unified Register of Tax Invoices

Starting from 09.12.2023, new indicators of positive tax history will come into force, which will allow registering tax invoices/adjustment calculations in the Unified Register of Tax Invoices (URTI) automatically.

Key aspects:

• amendments have been made to the riskiness criteria of a VAT payer in the system of monitoring the criteria for assessing the degree of riskiness, taking into account the volume and share of its risky transactions in order to prevent a bona fide VAT payer from acquiring the status of a risky one;
• monitoring the compliance of tax invoices/adjustment calculations with the risk assessment criteria has been improved by finalizing the provisions on the unconditional sign of registration and the indicators used to determine the taxpayer's positive tax history.

These amendments should simplify the process of unconditional registration of tax invoices, as if a VAT payer meets certain criteria, VAT invoices will be registered automatically.

Source: Resolution of the Cabinet of Ministers of Ukraine of November 7, 2023 No. 1154 "On Amendments to the Procedures Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 11, 2019 No. 1165".

On December 31, 2023, the Resolution of the Cabinet of Ministers of Ukraine will come into force, which will allow the use of electronic signatures of the European Union in Ukraine.

Key aspects:

• authorizes the use of electronic signatures issued in the European Union in Ukraine. This means that EU entities (citizens, business representatives, etc.) will be able to sign electronic documents in Ukraine with their electronic signatures;
• provides for the inclusion of European Union electronic trust service providers in the Ukrainian list of trust service providers, which will allow them to provide their electronic trust services in Ukraine;
• provides for the possibility of concluding international agreements on mutual recognition of electronic trust services with other states.

Such changes should also facilitate the full use of Ukrainian electronic signatures in the European Union in the future.

Source: Procedure for the recognition of foreign public key certificates, electronic signatures, as well as the use of the information and telecommunication system of the central certifying authority to ensure the recognition in Ukraine of electronic trust services, foreign public key certificates used in the provision of legally significant electronic services in the process of interaction between subjects of different states, approved by the Cabinet of Ministers of Ukraine dated 14.11.2023 No. 1198.

On 11.11.2023, a resolution of the Board of the National Bank of Ukraine came into force, which halved the deadlines for settlements for exports of certain agricultural goods.

Key aspects: the deadlines for settlements for export transactions have been set at 90 calendar days for commodity groups classified under the following UKTZED codes, starting from 11.11.2023:

• 1001 – wheat and a mixture of wheat and rye (meslin);
• 1002 – rye;
• 1003 – barley;
• 1004 – oats;
• 1005 – corn;
• 1201 – soybeans, crushed or uncrushed;
• 1205 – rapeseed or kohlseed, crushed or uncrushed;
• 1206 00 – sunflower seeds, crushed or uncrushed;
• 1507 – soybean oil and its fractions, refined or unrefined, but without changing their chemical composition;
• 1512 – sunflower, safflower or cottonseed oils and their fractions, refined or unrefined, but without changing their chemical composition;
• 1514 – rapeseed oil (from rapeseed or rape) or mustard oil and their fractions, refined or unrefined, but without changing their chemical composition;
• 2306 – cake and other solid wastes and residues obtained during the extraction of vegetable or microbial fats and oils.

Please note that previously, the deadlines for settlements for such transactions carried out from 05.04.2022 were set at 180 calendar days.

Source: Resolution of the Board of the National Bank of Ukraine "On Amendments to the Resolution of the Board of the National Bank of Ukraine No. 67 dated 14.05.2019 "On Establishing Exceptions and (or) Peculiarities of Introducing Deadlines for Settlements for Export and Import of Goods and Amending Certain Regulatory Acts" No. 145 dated 10.11.2023.

The Cabinet of Ministers of Ukraine has extended the possibility of using paper declarations for the import of humanitarian aid to Ukraine until 01.04.2023.

Key aspects:

• provides for the possibility to start using a digital mechanism for the import of humanitarian aid from 01.12.2023 by submitting declarations online through the Automated Humanitarian Aid Registration System introduced by the Cabinet of Ministers of Ukraine;
• it is emphasized that from 01.12.2023, the recipient of humanitarian aid is not obliged to use only a paper or digital mechanism. That is, any convenient option can be used.

Source:Resolution of the Cabinet of Ministers of Ukraine "On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine on Registration and Accounting of Humanitarian Aid and its Recipients during Martial Law" of 20.11.2023 No. 1216.