On March 18, 2020, Law of Ukraine 533-IX “On Amendments to the Tax Code of Ukraine and Other Laws of Ukraine on Support of Taxpayers for the Period of Measures to Prevent the Occurrence and Spread of Coronavirus Disease (COVID-19)” entered into force.
___
ILTI understood how it relates to the creative industries? We have collected the most common questions.
___
1. This law establishes the so-called "tax holidays" for a certain category of payers to pay SRS FOR THEMSELVES from March 1 to April 30, 2020. Law № 533 gives the right not to pay FOR THEMSELVES the minimum SRS in case of income for the specified period. In this case, such periods are included in the insurance period (it is considered that the sum insured was paid in the amount of the minimum insurance premium (SSC), determined by law for each of these periods). Such benefits are set in particular for:
a) natural persons - entrepreneurs, including those who have chosen a simplified system of taxation;
b) persons engaged in independent professional activity, namely scientific, literary, artistic, artistic, educational or teaching activities.
___
2. In addition, if in the period from 1 to 31 March and from 1 to 30 April 2020, the entrepreneur allowed late payment (late transfer) of SDRs, incomplete or late payment at the same time with the issuance of amounts of payments for which a single contribution is accrued (advance payments) or late submission of reports, the entrepreneur is not subject to penalties. No penalty is accrued during this period, and the accrued penalty is subject to write-off.
___
3. For those who have employees, a separate paid quarantine is not provided, but the employee can go on unpaid leave for quarantine at will. However, such leave is not credited to 15 calendar days of non-quarantine leave. If the company temporarily ceases its activities on its own initiative, it is no longer a vacation, but a simple one with the preservation of the payment of 2/3 of wages.
___
4. Creatives and creative agencies often send their employees to work remotely from home. Remember that an employer can send a worker to remote work by internal order.
___
5. As for the obligation to pay rent for real estate, your obligations are not terminated. Law 30 530-IX does classify quarantine as force majeure, but force majeure does not relieve you of your principal obligation (rent payments), but only slightly alleviates your “financial burden” and relieves you of liability for non-compliance. obligations to pay rent, ie payment of fines, penalties, if specified in the contract. There is no automatic release from civil liability. In addition to the document from the CCI, it is necessary to establish the direct nature of the impact of quarantine on a specific obligation.