The Law of Ukraine No 391-IX of 18 December 2019 “On introduction of changes to the Tax Code of Ukraine and several other legislative acts of Ukraine on improvement of excise tax management” (further Law No 391) entered into force on 29 December 2019.
Changes to the Tax Code of Ukraine are the following:
- to supplement excise tax invoice with new obligatory details;
- to specify opportunity to make consolidated excise tax invoice;
- to stipulate conditions when the transactions relating to fueling under the contractor agreement are qualified as own consumption;
- to increase a list of cases, when a person selling fuel or ethyl alcohol, is obliged to file excise tax invoice;
- to determine algorithm of actions for the case when excise tax invoice contains errors or when it is filed for the transactions, which were not performed;
- to postpone fines up to 1 April 2020:
- for absent and/or unregistered fuel consumption meters and level indicators imposed on the managers of the excise warehouse, where the tanks are located, with total capacity not exceeding 1000 cu. meters;
- for failure to submit electronic documents from the excise warehouses, where the tanks are located, with total capacity not exceeding 1000 cu. meters;
- one time submission (up to 20 January 2020 (including that date)) of a request to refill fuel in the system of electronic accounting of the fuel and ethyl alcohol sold without payment of excise tax by the economic entities, which by 1 June 2019 did not fall into the category of excise tax payers and after 1 July 2019 were registered as such tax payers.
- to introduce three days period for registration of the excise tax invoices for export transactions;
- to prolong the term for submission of a certificate (form 2) by the industrial consumers up to 15 days;
- To enable retail enterprises to independently select filing procedure for excise tax invoice when selling fuel via fuel stations (consolidated or using daily summary of the transactions).
- Changes to the Law of Ukraine No 481/95 – ВР of 19 December 1995 “On State Regulation of the Production and Turnover of Ethyl, Brandy, Fruit, Alcoholic Drinks, Tobacco Products and Fuel” are the following:
- It is determined that retail sale will also include sale of liquefied petroleum gas in cylinders for household requirements of population and other consumers;
- Imposition of fine amounting to 500 thousand hryvnias is stipulated for provision of services relating to storage of fuel for other economic entities and/or sale of fuel to other persons on the basis of the license for storage of fuel, received according to Paragraph 2, Part 41, Article 15 of Law No 481 (for wholesale of fuel, provided that there are no places for fuel wholesale);
- it is stipulated that economic entities dealing with retail and wholesale of fuel or storage of fuel exclusively in containers with a volume up to 5 liters, do not receive a license for retail or wholesale of fuel or a license for fuel storage;
- The imposition of fine for fuel storage without a corresponding license is postponed from 1 January 2020 to 1 April 2020.
Source: Chapter “Regulatory and Information Documents”