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Resumption of business inspections from August: a compromise was found in the parliament

Resumption of business inspections from August: a compromise was found in the parliament

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The working group on the finalization of draft law No. 8401 on the cancellation of tax benefits introduced at the beginning of the war decided on compromise criteria for the renewal of documentary checks.

About this reported head of the specialized committee of the Verkhovna Rada, Danylo Hetmantsev.

“The (working) group lasted seven hours. The most difficult and painful issue is the resumption of inspections. Honestly, I have many reservations. But I think we managed to find criteria that prevent honest businesses from conducting inspections,” he noted.

According to him, checks will be carried out in cases where the level of payment of income tax and VAT in the business is lower than the average in the industry by 50% or more, the receivables are more than twice the payables, the salary is lower than the average in the region in the relevant industry.

The company is also threatened with audits if the total amount of business expenses is 75% or more of the annual taxable income, provided that the amount of declared income is UAH 10 million or more.

Such indicators are calculated based on the results of 2021.

In addition, the wording of the paragraph of the draft law, which deals with maintaining a moratorium on checks for front-line territories, was agreed upon, the head of the committee said.

“Among other things, regulations were introduced regarding the extension of volunteer registration terms and the regulations for the transition from 2% for VAT payers were clarified. The work is ongoing, but we can definitely see the light at the end of the tunnel,” he added.

As Hetmantsev reported, the group supported the position of small trade businesses regarding the need to simplify the form of the check and reduce fines.

In addition, the working group proposed an extension of the terms of registration of volunteers and specified the rules for refunding VAT after the 2% single tax.

According to the EP, the committee plans to consider this draft law at a meeting on June 21.

We remind you:

Business inspections and fines for enterprises in Ukraine will be restored from August 1, and not from July 1, as previously planned.

Bill No. 8401 as well providesthat from August 1, 2023, persons who switched to payment of EP at the rate of 2% will lose the right to use tax benefits and will be considered as applying the taxation system they were in before choosing a special simplified taxation system.

One of the reasons why the authorities want to cancel benefits is the demand of international partners, in particular the IMF. In addition, within the framework of cooperation with the fund, Ukraine undertook not only to return pre-war taxation, but also not to create new benefits or exceptions that would reduce the tax base.

At the same time, the principle of stability of tax legislation objectively makes it impossible to properly implement the changes proposed by the draft law from August 1, 2023. The stability requirements are simple and clear:

  • not to change the tax elements later than six months before the beginning of the new budget period;
  • not to change taxes, their rates, as well as tax benefits during the budget year.

Read also: How FOPs will return to the pre-war 5 percent tax rate

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