03/ 06/ 2013

On 22 May 2013 the Draft Law on Postponement of certain Provisions of the Law on Application of Registrars of Operations (RRO) in Sphere of Trade, Catering and Services No. 2097a was registered in Parliament. The Draft suggests postponing until 1 January 2015 the requirement as for the fiscal accounting in electronic form through registrars of operations. In addition, on 30 May 2013 one more Draft Law was registered in the Parliament on the same issue, namely, the Draft Law on Amending Transition Provisions of the Law on Amending Certain Legal Acts Due to Adoption of the Tax Code as for the Postponement of Terms of Liability for Not Submitting Accounting Documents in Electronic Form No. 2087а-1. This Draft Law suggests that respective term is postponed till 1 July 2014.

Background: The EBA considers both these Draft Laws as a very important development, since the existing requirements as for submission of fiscal accounting via RROs are rather difficult to implement. At the same time according to the letters received from the tax authorities by EBA members, in case this provision is not implemented by the business entities by 1 July 2013 they may be penalised for 10 non-taxed minimums of income.

In our letter to the Ministry of Incomes and Fees, the EBA pointed out that such terms are very short for implementation of on-line accounting via RROs and companies have no time to purchase the respective equipment, test it and launch smooth data sharing. In addition, for companies with several hundred RROs the process for their update or change, as well as further maintenance is rather expensive, moreover lots of practical peculiarities as for the respective transmission of tax accounting remain unclarified.

We have also voiced the above stated concerns at recent Parliament hearings organised by the profile Committee on Entrepreneurship, Regulatory and Antimonopoly Policy (Chaired by Oleksandra Kuzhel).

Thus the EBA considers the possible postponement of respective provisions as a very important step for protecting business entities from unjustified burdens and possible cessation of business activity.

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