President of Ukraine

The Head of State set a task to impose a two-year moratorium on inspections and to take measures to increase the limits for individual entrepreneurs

17 October 2019 - 15:50

President of Ukraine Volodymyr Zelenskyy signed the Decree No. 761/2019 “On Immediate Measures on Ensuring Favorable Conditions for the Activity of Individual Entrepreneurs”, aimed at improving the conditions for entrepreneurship development and the conducting a business by individuals.

According to the document, the Cabinet of Ministers has to ensure the establishment of a Coordination Council on the Development of Small and Medium-Sized Enterprises with the involvement of representatives of public organizations.

Draft laws aimed at liberalizing the conditions and criteria for assigning entrepreneurs to the first group of simplified taxation system, accounting and reporting systems, in particular by establishing a larger limiton their income during the calendar year, giving them the right to use the work of hired persons as well as expanding the list of types activities that can carry out such entities which can be drafted and submitted to the Parliament within two weeks with the participation of the Council mentione dabove.

A draft law on the introduction of a two-year moratorium on carrying out inspections of individual entrepreneurs (except for those who carry out profitable activities with a significant risk of the deviation from tax) to comply with the procedure of using registrars of settlement operations and to mitigate the liability of these persons for violating the established procedure to the controlling bodies responsible for the reporting of the use of payment transactions recorders (PTR) should also be prepared.

In addition, the necessary steps should be taken to ensure transparent and unburdensome procedures for registering settlement transactions during the sale of goods and the provision of services via the Internet, and clarify the procedure for applying such procedures. From January 1, 2020, taxpayers should be able to test their settlement software for free software solution for use by such payers of software registrars for settlement transactions.

The Head of State also signed the Laws of Ukraine No. 128-IX “On Amendments to the Law of Ukraine “On Application of Registrars of Settlement Operations in the Field of Trade, Catering and Servicesand” No. 129-IX “On Amendments to the Tax Code of Ukraine on Unshadowing of Settlements in the Field of Trade and Services”approved by the Parliament on September 20, 2019.

They are aimed at protecting the legal business from unfair competition, removing from the shadow circulation the share of cash payments, “gray” goods, improving the efficiency of tax administration and state control over settlement operations.

The implementation of the provisions of the documents will help to increase the overall level of tax culture and consumer protection by gradually expanding the fiscalisation of settlement transactions and the introduction of innovative technological solutions in the form of program registrars of settlement transactions as an alternative to classic PTRs.

Thus, any PTR device (computer, tablet, Smartphone) that has the appropriate software can perform the PTR function. In this case, the State Tax Service of Ukraine must provide software solutions for use by the entity programmatic PTR free of charge, and registration of programmatic PTR will be done through an e-office.

To encourage consumers to receive checks, the law proposes to introduce, from October 1, 2020, the so-called cash back mechanism, which provides for the possibility to compensate the buyer (consumer) 100% of the value of purchased goods (works, services) at the expense of penalties for violation of PTR requirements applied on his complaint.

In addition, from January 1, 2021, the maximum threshold of annual income of a natural person - entrepreneur on a simplified taxation system, which can be attributed to group II of single tax payers, increases from UAH 1.5 million to UAH 2.5 million.