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PWC Tax Newsletters

 20 January 2012

Tax evasion may result in a 10-year jail sentence for the responsible parties 

There has recently been discussion that the Law “On Humanization of Responsibility for Economic Crimes” (which amended relevant articles of the Criminal Code of Ukraine and the Criminal Procedural Code of Ukraine) has eliminated the risk of jail terms for tax offenders. This does not appear to be the case, and in our view, the Law could be considered even more draconian than the previous one. 

1. Detainment during an investigation 

The Criminal Procedural Code now provides that during an investigation in respect of a gross offence (currently, more than UAH 2,682,5001 of unpaid taxes), a surety in the amount of the violation must be posted. If it is not posted, the offender will be detained. 

2. Guilty of tax evasion? 

If an individual is found responsible for tax evasion in an amount greater than UAH 2,682,500, there will be a fine of not less than the amount of the evasion – if the fine is not paid, a jail term of 10 years will be prescribed2. 

3. Stopping the prosecution 

If the tax assessment (i.e. violation) is paid (even if it is being challenged), the court will release the individual from criminal responsibility. 

In our view, the primary purpose for the changes to the Law is to provide leverage to force tax payers to pay tax assessments, even if they expect to eventually win in court. 

PwC will be conducting an ad-hoc event to discuss the changes in greater detail. An invitation will be sent out shortly.

 

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TAX & FISCAL ALERT Ukraine Upcoming changes in tax legislation in 2012

Corporate income tax

 

Starting from January 01, 2012 it will be allowed to include expenses charged in relation with purchase of goods (works, services) sold/performed/provided by private-entrepreneur paying single tax.

P.139.1.12 of the Tax Code of Ukraine will be revoked.

Also profit tax-payers will be obliged to provide to tax authorities together with profit tax return with the list of incomes and expenses regarding contractors – single tax-payers.

 

Simplified taxation

 

Starting from January 01, 2012 the procedure of single tax collection and simplified system functioning according to p. 1 section XIV of the Tax Code of Ukraine will be changed.

They will be divided into four groups depending on the profit and number of hired employees. Note that the tax rate is established for each group.

1. Private-entrepreneurs who don’t use the work of hired employees and provide with retail trade or personal services and their profit doesn’t exceed 150,000 UAH during the calendar year. The fixed tax rate will be defined by the local state body from 1 till 10% of minimal salary as of January 01.

2. Private-entrepreneurs who provide with their services to single tax-payers and / or population, production and/or sale of goods, restaurant business in case they don’t use the work of hired employees or the number of employees doesn’t exceed 10 and profit may not exceed 1,000,000 UAH within a calendar year. The tax rate will be defined by local state body between 2 and 20% of minimal salary as of January 01.

3. Private-entrepreneurs who don’t use work of hired employees, or the number of employees doesn’t exceed 20 and profit may not exceed 3 mln UAH. Any type of activity is permitted for simplified system. The tax rate will be fixed: 3% in case VAT is payable and 5% in case VAT is not payable.

4. Legal entities with no more than 50 employees and with profit less than 5 mln UAH. The tax rate will be fixed: 3% in case VAT is payable and 5% in case VAT is not payable.

 

VAT

 

Starting from January 01, 2012 VAT returns should be registered in the Single Register if the amount of VAT is 10,000 UAH and in any case for realization of imported and excisable goods at any stage of realization. 

 

In case of questions of comments regarding the above mentioned changes, don’t hesitate to contact us. You can find contact information in the attached PDF-document.

 

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