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State Tax Administration of Ukraine . Taxation of Small Businesses in Ukraine and Underlying Tax Risks
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State Tax Administration of Ukraine Taxation of Small Businesses in Ukraine and Underlying Tax Risks (Current taxation regimes for small enterprises as source of wide-spread practice for tax evasion; Legislative regulation of taxation related issues as element of program for promotion of development of MSE) Conference on “Taxation of Micro and small Businesses” May 4 – 6 of 2011, Tbilisi, Georgia
Criteria for assigning of taxpayers to large, medium and small taxpayers’ groups
Small business taxation systems Simplified Unified tax for legal and natural persons – subjects involved in economic activities Flat tax for subjects involved in economic activities – natural persons
Share of proceeds from subjects of economic activities taxed on the basis of simplified tax regime as of 2010
Schemes of tax evasion and minimization of tax payments • Splitting of a business; • Non-disclosure of proceeds due to failure of accounting or exemption from use of cash registers; • Provision of fictitious services • - Cashing and etc.
Scheme of provision of fictitious services or cashing Budget 200 Grivna money money Entrepreneur, taxed by simplified regime >> 3 Ordinary company >> 1 Buffer company >> 2 Fictitious services (works) Fictitious services (works) Minimization of payments Withdrawal of 500 Grivna
Scheme of tax evasion through splitting of business Minimization of tax on income of natural persons and contributions into social funds Company “a” Hiring of employees by entrepreneurs, who benefit from simplified tax regime («b») Money Services (works) («b») Budget loses in tax proceeds around 1 billion Grivna from income tax of natural persons and 2 billion Grivnas in social contributions Budget 200 Grivnas (2400 Grivnas per year)
Legislative regulation of taxation issues as element of program on promotion of development of small businesses • Starting from 01.04.11 the Tax Code prohibits payers of income tax to charge to expenses amounts spent on procurement of goods (works, services) from natural persons, who are taxed by unified tax. (not considered as a deductible expense) • “Tax holidays” for small taxpayers, who pay income tax. • Simplified system of registration (single window principle, principle of self-declaration) • Reduction of licenses and permits for implementation of different types of economic activities • Further reformation of simplified taxation system
State Tax authorities of Ukraine Thank you for your attention Конференция на тему «Налогообложение микро- и малого бизнеса» 4 – 6 мая 2011 года, Тбилиси, Грузия