The Committee on Taxation and Customs Policy recommends the Parliament to adopt the Draft Tax Code of Ukraine as a Basis
06 October 2010, 15:33
The bill (Reg. No. 7101-1) submitted by the Cabinet of Ministers of
Ukraine "presents the organization of the modern tax system to support continuity
of tax administration, equality of the tax payers before the law, achievement
of strategic goals of sustainable development in the renewed system of state
economic regulation."
The bill sets the fundamentals of the tax system, lists the taxes, duties (compulsory charges) to be paid to the budgets of all levels. The bill also offers the methodology of their calculation; fixes the tax rates; determines the legal status of the tax payers, the procedure of tax administration and appeal against the resolutions of the monitoring agencies, as well as terms and conditions of imposing financial penalties on the tax payers for the violation of tax legislation.
The People´s Deputies believe that several provisions of the bill should be adjusted. The Committee members call for excluding several provisions, namely, clause 63 of Part IІ "Administration of Taxes, Duties (Compulsory Charges)", pursuant to which the legal entities and individuals leasing the premises to other individuals with the purpose of economic activity shall submit the appeal on registration (deregistration) of a taxable item to the body of the state revenue service within ten days since the conclusion (termination) of a respective agreement under the procedure established by a central body of the state revenue service.
It is necessary to adjust the bill in part of special (comprehensive) codification of the legislative provisions regulating relations in the taxation sector.
The Committee members called for harmonizing the bill with Clause 93 of the Constitution of Ukraine, pursuant to which, the tax system, taxes and duties shall be fixed only by the Laws of Ukraine.
The rights and obligations of the tax payers (clauses 16 and 17 of Chapter I) and bodies of the state revenue service (clauses 20 and 21 of Chapter I) should be specified to avoid any preferences of the monitoring bodies over the tax payers, and prevent abuse of these rights.
The draft resolution (Reg. No. 7101-1) contains the proposals regarding adjustment of specific chapters of the Code.