Since the bill was not scheduled for April 11, it is expected that parliamentarians will meet to consider changes next Tuesday, April 23.
We remind that the bill, registered as early as July 2018, provided for the replacement of the corporate income tax from 1 January 2019 as a tax on the withdrawn capital. But till December 31, 2021, banks are allowed to apply corporate income tax - in case the banks make the appropriate decision.
What does the document mean?
First of all, the tax on the withdrawn capital will be put on:
- capital withdrawal operations: payment of dividends in favor of a non-taxpayer, payment of part of profit by state non-corporations, state-owned or communal enterprises, return of contributions to the owner of corporate rights - non-taxpayer (in the amount exceeding the amount of the contribution made by the founder and / or owner to the statutory the capital of such a legal entity) etc;
- operations that are equated with capital withdrawal operations: interest paid to non-residents - related parties and non-residents, registered in low tax jurisdictions; payment (transfer), carried out in connection with the transfer of funds from accounts with Ukrainian banks to the accounts of the taxpayer, opened abroad, repayment of obligations arising under contracts, the execution of which does not result in the transfer of funds to the accounts of taxpayers in Ukrainian banks, or before the taxpayer receives property, works, services, and economic transactions recognized as controlled by the transfer pricing rules, if their terms do not correspond to the principle of "extended hand", in part of the amounts assessed, etc.
The tax will be paid both by residents and non-residents.
Regarding the rates of the tax on the withdrawn capital, they will be as follows:
15% - to capital withdrawals;
20% - for operations equivalent to capital withdrawals (except for the following 5% tax deductible transactions);
5% - to funds paid for execution of debt obligations to related parties - non-residents (in cases of exceeding the aggregate amount of debt obligations to all related persons - non-residents over the amount of the owner's capital of the payer more than 3.5 times ( for financial institutions and companies engaged in exclusively leasing activities - more than 10 times) or registration of a non-resident in a state that is low tax jurisdiction, the rate of 20% will be applied).
It is envisaged that the Register of Taxpayers for the withdrawn capital will be created, the data of which will be made public on the website of the State fiscal service of Ukraine. However, at a time when the project was not considered, the SFS had already been reformed into the State Tax and State Customs Service.