Business is disappointed with the decision of MPs regarding the PTR

01/ 12/ 2020

Today, MPs decided to register and adopt the draft law №4439-d in the first reading and as a whole. The document aims at the liberalization of the use of cash registers by single taxpayers and is a revised version of the Presidential draft law №4439, registered a few days earlier. In contrast to the Presidential draft law, its version №4439-d has certain rules that will further exacerbate the unequal conditions of doing business. If during the previous discussions there were at least attempts to regulate e-commerce, then the decision made does not provide for any regulation. Thus, the adopted norms put in unequal conditions those who trade the same goods online and offline. For a long time, the EBA insisted on the clarifications from the Tax Office on the rules of application of software PTRs and the issuance of transaction settlement documents. But, as practice shows, only transparent businesses care about these issues. At the same time, it is through the Internet that illegally imported, and counterfeit products are sold. For example, illegal alcohol, which accounts for about 50%, is not sold in official retail chains, but through the Internet the goods without PTR, excise tax stamps, licenses, and so on. Also, a large proportion of counterfeits and illegally imported products are actively sold through catering establishments. The same applies to the sale via the Internet of household appliances and electronics, which does not meet the requirements of the law in terms of safety, electromagnetic compatibility, is not subject to a warranty repair. Jewelry and textiles that are imported illegally or of poor quality and are harmful to health are also sold through online stores and social networks that illegally use foreign brands. Anna Derevyanko. EBA Executive Director. The transparent business is tired of working in unequal conditions. Of course, in the current situation due to the coronavirus, businesses need help and support. However, the decision made today looks more like a disservice, an imaginary aid that only strengthens the shadow sector in the country and tightens the belt for honest entrepreneurs. We are for even rules which are quite simple: if you have a business, you should declare your activity. Why do some comply with the rules and others protest? And it is quite logical to ask where the country expects to find the money for paying pensions, social benefits, etc. if we continue to turn a blind eye to the problem of the shadow market. Again, for our policymakers, imposing additional fees on those who already pay is much easier than implementing a mechanism to whitewash the economy. Regarding the abolition of fines and the postponement of their application, the adoption of the draft law №4439-d automatically cancels the incentive to comply with the accounting of goods and officially declare the funds. The practice of applying a fine of UAH 1 confirmed this. Also, MPs completely deprived consumers of the opportunity to verify the authenticity of the fiscal check to obtain compensation for the value of the goods, and if their rights have been violated. Thus, the adopted draft law №4439-d significantly harms not only civilized and fair business conditions but also Ukrainian consumers. Besides, this draft law hinders the de-shadowing of Ukraines economy and will not allow filling the state budget with much-needed revenues. Business urges the President of Ukraine not to sign the draft law and return it to Parliament for revision. The fact that transparent business conducts a civilized dialogue and does not hold rallies outside the Verkhovna Rada does not mean that entrepreneurs are not in pain. Or only such poorly constructive methods as protests are effective in the country? Be the first to learn about the latest EBA news with our Telegram-channel – EBAUkraine.

In contrast to the Presidential draft law, its version №4439-d has certain rules that will further exacerbate the unequal conditions of doing business. If during the previous discussions there were at least attempts to regulate e-commerce, then the decision made does not provide for any regulation. Thus, the adopted norms put in unequal conditions those who trade the same goods online and offline. For a long time, the EBA insisted on the clarifications from the Tax Office on the rules of application of software PTRs and the issuance of transaction settlement documents. But, as practice shows, only transparent businesses care about these issues.

At the same time, it is through the Internet that illegally imported, and counterfeit products are sold. For example, illegal alcohol, which accounts for about 50%, is not sold in official retail chains, but through the Internet the goods without PTR, excise tax stamps, licenses, and so on. Also, a large proportion of counterfeits and illegally imported products are actively sold through catering establishments. The same applies to the sale via the Internet of household appliances and electronics, which does not meet the requirements of the law in terms of safety, electromagnetic compatibility, is not subject to a warranty repair. Jewelry and textiles that are imported illegally or of poor quality and are harmful to health are also sold through online stores and social networks that illegally use foreign brands.

Anna Derevyanko EBA Executive Director

The transparent business is tired of working in unequal conditions. Of course, in the current situation due to the coronavirus, businesses need help and support. However, the decision made today looks more like a disservice, an imaginary aid that only strengthens the shadow sector in the country and tightens the belt for honest entrepreneurs. We are for even rules which are quite simple: if you have a business, you should declare your activity. Why do some comply with the rules and others protest? And it is quite logical to ask where the country expects to find the money for paying pensions, social benefits, etc. if we continue to turn a blind eye to the problem of the shadow market. Again, for our policymakers, imposing additional fees on those who already pay is much easier than implementing a mechanism to whitewash the economy.

Regarding the abolition of fines and the postponement of their application, the adoption of the draft law №4439-d automatically cancels the incentive to comply with the accounting of goods and officially declare the funds. The practice of applying a fine of UAH 1 confirmed this.

Also, MPs completely deprived consumers of the opportunity to verify the authenticity of the fiscal check to obtain compensation for the value of the goods, and if their rights have been violated.
Thus, the adopted draft law №4439-d significantly harms not only civilized and fair business conditions but also Ukrainian consumers. Besides, this draft law hinders the de-shadowing of Ukraine’s economy and will not allow filling the state budget with much-needed revenues.

Business urges the President of Ukraine not to sign the draft law and return it to Parliament for revision. The fact that transparent business conducts a civilized dialogue and does not hold rallies outside the Verkhovna Rada does not mean that entrepreneurs are not in pain. Or only such poorly constructive methods as protests are effective in the country?

Be the first to learn about the latest EBA news with our Telegram-channel – EBAUkraine.