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
Guarantees of the practice of law
Ombudsman calls for a firm response to violence against advocates
Every instance of obstruction of an advocate’s lawful activities, use of physical force, delaying an investigation, or concealment of evidence must be subject to a proper legal assessment. The state is obligated to ensure that the right to a defense is a genuine guarantee.
Greetings
The UNBA congratulates Denis Maslov on his appointment as Minister of Justice
Denis Maslov’s many years of experience as a advocate, his work as a judge and his tenure as chairman of the Verkhovna Rada of Ukraine’s Committee on legal policy have given him a deep understanding of how the legal system functions and the challenges it faces.
Legislation
The Verkhovna Rada explained why the section on advocacy should be removed from the anti-corruption strategy
The section on advocacy and legal aid in the draft anti-corruption strategy for 2026–2030 goes beyond the scope of anti-corruption policy and is inconsistent with the constitutional guarantees of the independence of the legal profession.
Guarantees of the practice of law
The NACP’s clarification regarding the declaration of membership in the UNBA should be clarified – BCU
An advocate’s membership in the UNBA is an element of professional status arising by virtue of law, rather than a voluntary private membership in an association. Therefore, failure to disclose it in a declaration should not automatically lead to the conclusion of unethical conduct or the concealment of a private interest.
Discussion
The history of Ukrainian constitutionalism was discussed during a lecture
To mark Ukraine’s Constitution Day, the Center for research on the legal profession and law of the UNBA in collaboration with the «Bykivnia Graves» National Historical and Memorial Reserve organized an online lecture on the history of the Ukrainian constitutional process.
Legislation
The UNBA is counting on the swift ratification of the Convention on the Protection of the Professions of Lawyer
The ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer must be accompanied by targeted amendments to legislation to strengthen safeguards for advocates, but should not be used as a pretext for dismantling the self-governing model of advocacy.
Legal defence of military personnel
Advocates are expanding their legal support for the military and affected businesses
Legal assistance for military personnel should begin with simple and quick consultations, but it should not end there. Typical requests from brigades are compiled into summaries, digital services and proposals to government agencies.
Interaction
A manifesto on AI in law was presented in Europe. The UNBA has joined the initiative
On June 24, as part of European Legal Sovereignty Day, which took place in Brussels, the Manifesto for a Referential of Human Guarantee in the Legal Use of AI was presented.
Publications
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
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates