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In brief

On 29 May 2020, the Law On Amendments to the Tax Code of Ukraine and Other Laws of Ukraine Regarding Additional Support to Taxpayers for the Period of Undertaking Measures Aimed at Preventing an Outbreak and Spread of the Coronavirus Disease (COVID-19) (“Law“) entered into force.


Contents

What does it mean?

The Law extends existing tax reliefs and introduces certain new ones.

The key highlights of the Law are as follows:

  • Personal Income Tax (PIT). Military Tax (MT)
    • The amounts of PIT paid from the 300% bonus on healthcare practitioners’ salaries for the period from 1 May 2020 until 30 June 2020 will be fully refunded from the state budget.
    • Starting from 2 April 2020, compensations for partial unemployment caused by the COVID-19 pandemic are not subject to PIT and MT.
  • Excise Tax
    • Until the last calendar day of the month in which the quarantine is terminated, the excise tax levied on ethanol utilized for the production of disinfectants is set at UAH 0 per 1 liter.
  • Unified Social Contribution (USC)
    • From 1 March 2020 through to 31 May 2020, individual entrepreneurs are exempt from the obligation to pay the USC for themselves.
  • Liability 
    • Fines for the violation of tax legislation (the USC legislation) will not apply to violations taking place during the period from 1 March 2020 until the last calendar day of the month in which the quarantine is terminated. At the same time, violations in the following areas are not covered by the exemption from liability: VAT, excise tax, royalty tax, alienation of pledged property, long-term life insurance, operations with ethanol, fuel, alcohol and tobacco products.
    • No late payment interest will be charged from 1 March 2020 until the last calendar day of the month in which the quarantine is terminated. Late payment interest accrued during this period must be written-off.
  • Tax audits
    • Temporary moratorium on tax audits subject to few exceptions is pushed back to the last calendar day of the month in which the quarantine is terminated.
    • Suspension of the tax audits commenced prior to 18 March 2020 is extended until the last calendar day of the month in which the quarantine is terminated.
  • Limitation period
    • Running of tax limitation periods is suspended for the period from 18 March 2020 until the last calendar day of the month in which the quarantine is terminated.
  • Suspension of statutory terms
    • The following statutory terms are suspended until the last calendar day of the month in which the quarantine is terminated:
      • terms established for filing and consideration of administrative appeals (except for certain VAT-related claims)
      • terms established for issuance of tax rulings in writing by the tax office
      • terms established for taxpayers to provide responses to the tax office’s inquiries (except for certain VAT-related inquiries)
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This legal alert is issued to inform Baker McKenzie clients and other interested parties of legal developments that may affect or otherwise be of interest to them. The comments above do not constitute legal or other advice and should not be regarded as a substitute for specific advice in individual cases.

Author

Hennadiy Voytsitskyi heads Baker McKenzie's Tax Practice Group in Kyiv, which was named Ukraine Tax Law Firm at the International Tax Review's 2016 European Tax Awards. He has more than 20 years of experience practicing in Ukrainian and international tax law. Mr. Voytsitskyi is named among the best legal professionals by Legal Experts Europe, Middle East & Africa 2012-2015, one of the leading practitioners of tax law by Legal 500 Europe, Middle East & Africa 2011-2015, and among the Leading Individuals 2012-2015 Band 2 according to the Chambers Europe 2012-2015. He is among the top 100 tax lawyers in Ukraine according to Client's Choice 2010-2015, based on a Yurydychna Gazeta survey of in-house counsel from 2,000 major companies in Ukraine. Mr. Voytsitskyi participated in a working group led by the National Bank of Ukraine on development of draft legislation for the introduction of controlled foreign companies and implementation of BEPS Actions.