The UNBA calls on the parliament to amend the tax legislation to allow attorneys to use simplified system of taxation without registering as a private entrepreneur
The Ukrainian National Bar Association (hereinafter – the UNBA) initiates the amendments to the tax legislation on the elimination of discrimination established by the existing legislation comparing to the private individuals. For instance, to allow attorneys to use the simplified system of taxation without being registered as a private entrepreneur.
With such proposal, the Head of the UNBA, the Bar Council of Ukraine (hereinafter – the BCU), Lydia Izovitova has addressed the Head of President of Ukraine Commission on the Legal Reform, Serhii Ionushas.
The Deputy Head of the UNBA, the BCU, Valentyn Gvozdii has emphasized on this matter during the webinar on “Taxation of the advocacy”, which was held on July 14, 2021, under the initiative of the Committee on Customs and Tax Law of the UNBA. The Head of the Committee on Customs and Tax Law of the UNBA, attorney Yakiv Voronin, was a speaker and moderator of the event.
Among the guests were: Dmytro Alenin, acting Deputy Chief of the Head Department of the State Tax Service in Kyiv city; Igor Kozlov, Chief of the Department of the tax administration of individuals; Liliia Bubelo, Deputy Chief of the Department of administration of a single contribution of certain types and categories of payers.
During the event, Yakiv Voronin and Valentyn Gvozdii have proclaimed that attorneys practice law in the conditions of the discriminatory tax legislation, which does not consider the exceptional constitutional and social role of this profession and other features of advocacy that distinguish it from the activities of private entrepreneurs, who work to gain profit. During the periods of lockdown, the tax burden was particularly felt, and it was often economic reasons that forced attorneys to suspend their activities.
The developed propositions of the UNBA meet the real needs of the bar and provide fair and equal conditions for taxation of income received by self-employed persons (private entrepreneurs and individuals engaged in independent professional activity).
The representatives of the tax service have supported the legislative initiative of the UNBA, in particular, the implementation of the simplified system of taxation for attorneys performing individually, since the UNBA`s team has developed the bill, which fully meets the stated purpose. Details can be found through the link https://unba.org.ua/news/6798-zvernennya-golovi-naau-do-komisii-z-pitan-pravovoi-reformi-pri-prezidentovi-ukraini-shodo-usunennya-diskriminacijnih-umov-opodatkuvannya-advokats-koi-diyal-nosti.html.
The event can be viewed by following the link.
The text and photos were prepared by the team of the UNBA committee coordinator.
Popular news
Legislation
Proceedings against military personnel following AWOL require clear deadlines — UNBA
A soldier’s return to duty after AWOL does not necessarily mean the end of criminal proceedings. To ensure that the case does not remain at the pretrial investigation stage, a clear procedure for the investigator and prosecutor is required.
Legislation
The UNBA warned of the risk of customs barriers for Ukrainian paper and furniture
Ukraine’s anti-deforestation rules are intended to preserve export access to the EU market. However, without paper and furniture on the list of goods, without effective sanctions, and with enforcement beginning only in 2030, these rules could hinder that goal.
Guarantees of the practice of law
Guarantees for advocacy without protective measures: proposed changes to the codes
The current law sets forth the rights and guarantees of the legal profession, but lacks the tools to protect them. The future law on advocacy is intended to fill this gap through amendments to criminal, administrative and procedural legislation.
Legislation
A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced
The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.
Discussion
War-related business losses: from documenting damage to seeking sources of compensation
How can businesses document war-related losses without losing evidence during the recovery process? What does an insurance policy actually cover, and where can assets be found for recovery? These are the questions facing businesses for which a court ruling does not yet mean actual compensation.
Abroad
The CCBE is discussing European justice and issues related to the protection of advocates
Today, October 2, a meeting of the Standing Committee of the Council of Bars and Law Societies of Europe (CCBE) is taking place in Brussels. On the agenda are the protection of the advocate profession, the rule of law, attorney-client privilege, and changes in the European justice system.
Rule of Law Roadmap
The UNBA presented the key provisions of the future law on advocacy in Brussels
The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.
Discussion
First the return of assets, then subsidiary liability — an opinion
In bankruptcy cases, the legal entity’s ability to preserve and restore the financial foundation of its operations requires legal protection. In this regard, the right to solvency in which the legal entity is the aggrieved party should be an independent object of legal protection.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection