Simplified taxation system for law firms: what you should know
Ukraine has two main systems of taxation of legal entities: general (income tax and VAT payers or those without) and simplified (single tax payers with or without VAT). The latter is usually the most suitable for a law firm.
When submitting documents for the registration of a legal entity, a law firm may indicate in the application for state registration of a legal entity (Form No. 2) on the additional page 9, information on the choice of the simplified taxation system (single tax group 3, select the tax rate in %), indicate the place of business, and determine the desired date of voluntary registration as a value added tax payer (until the sales volume reaches UAH 1 million). The procedure for selecting and applying the simplified taxation system with the payment of a single tax is set forth in Section XIV «Special Tax Regimes» of the Tax Code of Ukraine.
If, when submitting documents for state registration, a banking institution fails to indicate the choice of the simplified taxation system, such banking institution will be registered as a taxpayer under general conditions (income tax payer). Subsequently, in order to choose the simplified taxation system, an application should be submitted in the form approved by the Order of the Ministry of Finance of Ukraine dated 16.07.2019 No. 308.
According to the second paragraph of subpara. 298.1.2 of the Tax Code, business entities registered in accordance with the procedure established by law (newly established), which within 10 days from the date of state registration have submitted an application for the simplified taxation system and the single tax rate established for the third group, which does not provide for the payment of value added tax, are considered single tax payers from the date of their state registration. The transition to the simplified taxation system with the choice of the single tax rate may be made at the beginning of any quarter, but only once a year.
In view of the current version of Article 293 of the Tax Code, a law firm may be a single tax payer of the third group only. The following rates are set for the third group of single tax payers:
- 3% of income - if VAT is paid on a general basis;
- 5% of income - if value added tax is included in the single tax (more convenient and easier to understand).
The reporting period for single tax payers of the third group is a calendar quarter.
The reporting deadline is 40 calendar days after the end of the reporting quarter.
The deadline for paying the single tax is within 50 calendar days after the end of the reporting quarter.
By the way, December 15, 2023 is the last day to apply for the simplified taxation system starting from the first quarter of 2024.
The article was prepared by Dmytro Khutornyi, Deputy Chairman of the UNBA Committee on Legal Practice.
Popular news
Legislation
UNBA initiatives to implement the Roadmap were supported by international experts
International experts who participated in the inaugural meeting of the Working Group on the implementation of the Roadmap on the rule of law in advocacy and agreed to join it expressed their support for the initiative of the Ukrainian National Bar Association.
Legislation
How will the group responsible for implementing the Roadmap for advocacy operate?
The working group on the implementation of the Roadmap on the rule of law in the area of advocacy will operate at several levels: plenary meetings as a platform for adopting framework decisions, a coordination bureau for compiling documents and calendar control, and thematic subgroups for preparing norms and their justification. International experts will verify the results against European standards and «red lines».
Legislation
Advocacy is a responsible entity, not a critic of reform — V. Gvozdiy
The Roadmap on the Rule of Law is not a basis for restructuring the model of advocacy, but a framework for verifying and improving the already European-oriented system. At the same time, part of the work has already been done, so further progress should be made in the form of coordinated and practical decisions.
Self-government
BCU: NACP initiatives regarding the Bar are unconstitutional interference
The Bar Council of Ukraine has condemned the initiatives to reform the Bar proposed by the National Agency on Corruption Prevention as direct, gross and systematic interference by the executive branch in the activities of an independent constitutional institution.
Self-government
UNBA program for implementation of the Roadmap on the rule of law published
In order to ensure the implementation of measures set out in the Roadmap on the Rule of Law, the Bar Council of Ukraine approved a program for its implementation in relation to the reform of advocacy.
Professional Conduct
The results of the CISA cannot be used in disciplinary proceedings against advocates – BCU
Materials obtained through covert investigative (search) activities involving interference in private communications cannot be transferred or used in disciplinary proceedings against advocates. This is because the Code of Criminal Procedure does not allow investigators or prosecutors to use such materials outside of criminal proceedings.
URAU
Access to advocate contacts in URAU has been restored
The Bar Council of Ukraine has opened up public access to data from the Unified Register of Advocates of Ukraine, which was closed at the start of the full-scale invasion in 2022. The decision was made at a meeting on December 12–13.
Self-government
Members of the QDCB are not required to submit declarations - BCU
Bar Council of Ukraine examined the legal status of members of bar self-government bodies and found that they are not required to submit declarations of persons authorized to perform functions of state or local self-government.
Publications
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
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…