Resolution of the Supreme Rada of Ukraine On Procedures for Implementing the Law of Ukraine "On Excise Duty on Alcoholic Drinks and Tobacco Products"

Similar documents
THE LAW OF UKRAINE. The Verkhovna Rada of Ukraine hereby decrees to: To introduce changes to the following laws of Ukraine:

REPUBLIC OF LITHUANIA LAW ON EXCISE DUTY. 30 October 2001 No IX 569 Vilnius

Based on Article 88 item 2 of the Constitution of Republic of Montenegro I hereby enact DECREE ON PROMULGATION OF THE LAW ON EXCISE TAXES

SUBCHAPTER 15 CIGARETTE TAX / OTHER TOBACCO PRODUCTS

LAW ON EXCISE ("Official Gazette of RM", No.2/01, No.50/01, No.52/01, No.45/02, 98/02 and 24/03) I. SECTION ONE CHAPTER I GENERAL PROVISIONS

Resolution of the Cabinet of Ministers of Ukraine. On Adopting Articles of Association of the State Joint-Stock Company Khlib Ukraiiny. No.

HOUSE BILL NO. HB0043. Sponsored by: Joint Revenue Interim Committee A BILL. for. AN ACT relating to tobacco tax; increasing the tax on

SUBCHAPTER 15 CIGARETTE TAX / OTHER TOBACCO PRODUCTS

CUSTOMS CODE OF THE REPUBLIC OF MOLDOVA. Law of the Republic of Moldova No XIV of July 20, 2000

LAW OF THE REPUBLIC OF KAZAKHSTAN ON INVESTMENTS CHAPTER 1. GENERAL PROVISIONS

MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA

REPUBLIC OF LITHUANIA L A W ON EXCISE DUTY. 30 October 2001 No. IX-569 Vilnius CHAPTER I GENERAL PROVISIONS

IMPORTATION OF GOODS. Documents Required:

The Kingdom of Saudi Arabia Excise Tax Implementing Regulations Issued by Board of Directors Resolution no of 5/9/1438

THE LAW OF UKRAINE On Prevention and Counteraction to Legalization (Laundering) of the Proceeds from Crime

FOREIGN TRADE ZONES U.S. Customs Procedures and Requirements WHAT IS A FOREIGN-TRADE ZONE?

The Law of Ukraine On the Regime of Foreign Investments

UZBEKISTAN LAW ON SECURITIES AND STOCK EXCHANGE

TAX CODE OF THE KYRGYZ REPUBLIC

Legislative Proposals Relating to Tobacco Products

A REPORT BY THE NEW YORK STATE OFFICE OF THE STATE COMPTROLLER

The law of Republic Kazakhstan from January, 8th, II On Investments (with amendments and additions as of the February 20, 2012)

Rulings of the Tax Commissioner

THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness No. 31/2015/QD-TTg Hanoi, August 4, 2015 DECISION

ANNEX VII. CUSTOMS CODE OF THE REPUBLIC OF KAZAKHSTAN of 5 April, 2003 CHAPTER 23. TEMPORARY IMPORT OF GOODS AND MEANS OF TRANSPORT

Federal Law No. 191-FZ of December 31, 2002 amended Article 1 of this Federal Law See the previous text of the Article

Law on Excise duties in Bosnia and Herzegovina Official Gazette of Bosnia and Herzegovina, 62/04

LAW ON EXCISE DUTIES IN BOSNIA AND HERZEGOVINA. Official Gazette of BiH, No. 62/04

Import and wholesale of alcoholic beverages in the Tri-State Area (Connecticut, New Jersey and New York) ZARA LAW OFFICES

The Tobacco Tax Act, 1998

Adopted by the State Duma on June 25, 1999 Approved by the Federation Council on July 2, 1999

A brief overview of the changes in the law of the Republic of Belarus on the commercial real estate market in 2014

P.L. 2006, CHAPTER 37, approved July 8, 2006 Assembly, No (First Reprint)

Cabinet Decision No. (37) of 2017 on the Executive Regulation of The Federal Decree-Law No (7) of 2017 on Excise Tax

Article 26. On-Premises Cereal Malt Beverage Retailers Definitions. As used in this article of the division s regulations, unless the

GOVERNMENT OF THE REPUBLIC OF LITHUANIA. RESOLUTION No 1122

RULES OF DEPARTMENT OF REVENUE MISCELLANEOUS TAX DIVISION CHAPTER UNFAIR CIGARETTE SALES LAW ANDTOBACCO TAX RULES TABLE OF CONTENTS

Article 22 - CATERER

STATE OF NEW JERSEY. SENATE, No th LEGISLATURE INTRODUCED DECEMBER 9, 2002

Law on Organization of Foreign Capital Investment in the Economic Activity (2000)

Law of the Republic of Belarus. [Amended as of June 29, 2006] Section I. General Provisions

LAW ON PRECURSORS I. GENERAL PROVISIONS Article 1 This Law shall regulate the system of monitoring and control of the manufacture and trade with

ON GUARANTEE FOR COMPENSATION OF BANK DEPOSITS THE REPUBLIC OF ARMENIA LAW ON GUARANTEEING COMPENSATION OF BANK DEPOSITS

LAW OF THE REPUBLIC OF ARMENIA ON BANKRUPTCY OF BANKS, CREDIT ORGANISATIONS, INVESTMENT COMPANIES, INVESTMENT FUND MANAGERS AND INSURANCE COMPANIES

Government of Gujarat Finance Department, Sachivalaya, Gandhinagar Dated the 1 st, 2006

On Approving the Regulation on the Procedure of Liquidating Non-State-Owned, Not-for-Profit Enterprises RESOLUTION #5 OF THE CABINET OF MINISTERS

Cigarettes, roll-your-own tobacco, and smokeless tobacco are covered. Cigars are excluded.

Federal Decree-Law No. (7) of 2017 on Excise Tax

Act LVI of on Environmental Protection Product Charges and the Environmental Protection Product Charges on Certain Products.

Republika e Kosovës Republika Kosovo-Republic of Kosovo Kuvendi - Skupština Assembly

NC General Statutes - Chapter 66 Article 37 1

CENTRAL EXCISE, RULES,

Mongolia. UNCTAD Compendium of Investment Laws. Law On Investment (2013) Unofficial translation

Excise Duty & Miscellaneous Fees and Levies. Mbiki Kamanjiri

AMENDMENTS TO THE LAW ON CUSTOMS

CUSTOMS CODE OF THE REPUBLIC OF UZBEKISTAN

LAW OF MONGOLIA ON COMBATING MONEY LAUNDERING AND TERRORISM FINANCING. Chapter one General provisions

18 USC 1716E. NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see

FEDERAL LAW NO. 160-FZ OF JULY 9, 1999 ON FOREIGN INVESTMENT IN THE RUSSIAN FEDERATION. Adopted by the State Duma June 25, 1999

REPORTS OF STANDING COMMITTEES. The Committee on Federal and State Affairs recommends HB 2324, as amended by

THE BERMUDA AIRPORT (DUTY FREE SALES) ACT 1997 BERMUDA 1997 : 24 THE BERMUDA AIRPORT (DUTY FREE SALES) ACT 1997

TURKEY NATIONAL REPORT ON THE IMPLEMENTATION OF

Law on Privatization I. BASIC PROVISIONS. 1. Subject of the Law and General Principles. 2. Scope of privatization and entities to be privatized

CHAPTER FOUR ORIGIN PROCEDURES

LIST OF ACHIEVEMENTS BASED ON THE ACTION PLAN TO IMPROVE THE BUSINESS ENVIRONMENT IN LATVIA ( )

Tax and Legal News. Newsletter. Content. Law of Ukraine On Amending the Tax Code of Ukraine No VI of 7 April 2011 comes into force

LAW FOOD. Law No. (02) for the year 2008 with respect to Food within the Emirate of Abu Dhabi THE EMIRATE OF ABU DHABI

Packaging Excise Duty Act

A.D No. 18 OFFICIAL GAZETTE

Indirect Tax Newsletter

OBJECTS AND REASONS

80th OREGON LEGISLATIVE ASSEMBLY Regular Session. House Bill 2270

Prevention of Youth Access to Tobacco Act of 1994

In Georgian: Tbilisis Ganvitarebis Fondi (hereinafter - the Fund); in English: "Tbilisi Development Fund".

LITHUANIAN TAX LAW CHANGES AS FROM 2017 (Please note, that this summary does not cover all tax law changes, but rather the most important ones)

A summary of the changes of the tax laws for 2014

Excise Duty Act, 2015 Presentation by: Caleb Mokaya CPA Thursday, 10 th May 2018

Excise and GST/HST News

Adopted by the State Duma on July 7, 1995 Endorsed by the Council of the Federation on July 21, Federal Law on Banks and Banking Activities

CENTRAL EXCISE RULES,

CHAPTER FOUR ORIGIN PROCEDURES ARTICLE 4.3:

Province of Alberta TOBACCO TAX ACT. Revised Statutes of Alberta 2000 Chapter T-4. Current as of June 7, Office Consolidation

Tax & Legal update Tax & Legal amendments December 2013

Law of the Republic of Kazakhstan On Production Sharing Agreements in Offshore Oil Operations

REPUBLIC OF LITHUANIA LAW ON VALUE-ADDED TAX. I. The Object of Tax

UKRAINE LAW OF UKRAINE

UNMIK REGULATION NO. 2005/32 ON THE EXCISE TAX CODE OF KOSOVO. The Special Representative of the Secretary-General,

TANZANIAN GOVERNMENT BUDGET KEY HIGHLIGHTS 2018/2019

THEMATIC COMPILATION OF RELEVANT INFORMATION SUBMITTED BY THE RUSSIAN FEDERATION ARTICLE 12 UNCAC PRIVATE SECTOR AND PUBLIC-PRIVATE PARTNERSHIPS

General Authority of Zakat and Tax Excise Tax Implementation. Excise Tax Guidelines

THE UNION OF MYANMAR THE STATE PEACE AND DEVELOPMENT COUNCIL THE DAWEI SPECIAL ECONOMIC ZONE LAW

CHAPTER 61A-2 GENERAL

ACCOUNTOR KYIV NEWS. Newsletter for 08-09/2013. Dear Clients, Partners and Friends!

Minnesota Cigarette Tax. Licensing and Filing Information.

THE LAW ON BUDGET AND FINANCE MANAGEMENT

General Terms and conditions of PNB Print

JUDGMENT OF THE COURT (Sixth Chamber) 19 October 2000 *

FOURTH SECTION. Application no /08 by Alojzy FORMELA against Poland lodged on 3 June 2008 STATEMENT OF FACTS

CHAPTER 133 VANUATU COMMODITIES MARKETING BOARD

CUSTOMS CODE OF THE REPUBLIC OF KAZAKHSTAN

Transcription:

Resolution of the Supreme Rada of Ukraine On Procedures for Implementing the Law of Ukraine "On Excise Duty on Alcoholic Drinks and Tobacco Products" The Supreme Rada of Ukraine resolves: 1. Implement the Law of Ukraine "On Excise Duty on Alcoholic Drinks and Tobacco Products" as of the day of its publication. The provisions of the Law apply to excise duty stamps on: alcoholic drinks and tobacco products brought into the customs territory of Ukraine, in effect from the first of January 1996; alcoholic drinks and tobacco products produced in Ukraine, from the first of January 1997. 2. As of the first of January 1995, prohibit the import into the customs territory of Ukraine, of imported alcoholic drinks and tobacco products without excise duty stamps, and from the first of January 1996, prohibit the sale of imported alcoholic drinks and tobacco products without these stamps. 3. From the first of November 1995, the Cabinet of Ministers shall provide for the registration of the importers of alcoholic drinks and tobacco products and the distribution of excise duty stamps. 4. Before the legislation of Ukraine has been brought into conformity with the Law of Ukraine "On Excise Duty on Alcoholic Drinks and Tobacco Products," legislative acts shall be applied only in the part which does not contradict this Law. 5. Within the period of a month, the Cabinet of Ministers shall: elaborate and confirm the Regulation on the Production, Storage, and Distribution of Excise Duty Stamps and Marking of Alcoholic Drinks and Tobacco Products and the Procedure for Selling or Destroying Confiscated Alcoholic Drinks and Tobacco Products; submit to the Supreme Rada proposals to bring the legislation of Ukraine into conformity with this Law, including changes and amendments to the Criminal Code of Ukraine, the Administrative Code of Ukraine on liability for the illegal production, or forging of excise duty stamps or other illegal activity concerning the use of these stamps; increase the number of staff in the state taxation inspectorate for carrying out operations connected with the production, storage, and distribution of excise stamps, and for the review of whether the requirements of the specified Law are being met and the allocation of funds for purchasing the equipment essential for these purposes. 6. Revoke Paragraph 6 of the Resolution of the Supreme Rada of Ukraine of January 26, 1993 "On Situation in Fulfilment Laws and Resolutions of the Supreme Rada

of Ukraine concerning law and order and measures on intensifying prevention on crime" (Registers of the Supreme Rada of Ukraine, 1993, No. 11, p.87) in the part where private persons, commercial and private shops, private sections in the government-owned shops are prohibited to trade in tobacco products and alcohol drinks produced by the state enterprises of Ukraine.

The Law of Ukraine On Excise Duty on Alcoholic Drinks and Tobacco Products This Law determines special features of calculating and paying excise duty which is collected from alcohol drinks and tobacco products both manufactured by Ukrainian producers and imported to the territory of Ukraine. Article 1. Definition of terms In this Law terms listed below are used in the following meaning: excise duty stamp - special sign with which alcohol drinks and tobacco products are marked. Its availability on these goods confirms payment of the excise duty, legality of the import and realization of these products at the territory of Ukraine. Excise duty stamps for the alcohol drinks and tobacco products manufactured in Ukraine differ from stamps for imported alcohol drinks and tobacco products in design and colour; payment for the excise duty stamps - payment made by the Ukrainian producers and importers for covering expenses of the state on producing, storing and distribution of the excise duty stamps; marking of the alcohol drinks and tobacco products - sticking of the excise duty stamp according to the procedure stipulated by the Regulation on Production, Storage, Distribution of the Excise Duty Stamps, Marking of the Alcohol Drinks and Tobacco Products; alcohol drinks - products received by the spirit fermentation of the sugar-intensive materials or produced on the base of food spirits containing more than 8.5 per cent of the ethyl spirit. tobacco products - cigarettes, cigars, cigarilos and also pipe tobacco, snuff, suckling and plug tobacco and other products from tobacco and its substitutors which are influencing physiological state of the men when using it; stamps distributor - state taxation inspections; note - written liability, drawn up according to the established form, which gives the right to its holder (promisee) to require form the debtor (promisor) unconditional payment of the sum indicated in the note within the specified period. Article 2. Payers of the excise duty. Payers of the excise duty on alcohol drinks and tobacco products are: entrepreneurial agents - Ukrainian producers of alcohol drinks and tobacco products and also buyers according to whose order this production is manufactured on give and take bases; entrepreneurial agents including enterprises with foreign investments regardless of the date of their registration and citizens involved into entrepreneurial activity without

establishing legal person which are importing alcohol drinks and tobacco products to the custom territory of Ukraine both for own and production purposes for selling or realization on commission and reexport basis; legal persons importing alcohol drinks and tobacco products to the customs territory of Ukraine in amounts which are subject to the import custom duty; legal and natural persons, international organizations, their affiliates and other separate subdivisions which are selling alcohol drinks and tobacco products Alcohol drinks and tobacco products without excise duty stamps of the determined standard are forbidden for importing, storing and taking on sale at the territory of Ukraine. 3. Excise duty stamps shall be sold to the Ukrainian producers of alcohol drinks and tobacco products proceeding from the planned volumes of the monthly sold alcohol drinks and tobacco products, according to the statement on the required number of stamps. 4. Ukrainian producing enterprises which are selling products shall pay excise duty to the appropriate budget after fulfilling tirn ower on realization of: alcohol drinks - in third working day; tobacco products - up to the 16th day of the month next to the month under review. Owners of the finished products manufactured using unfinished raw materials shall pay excise duty immediately at the day of receiving finished products. 5. Entrepreneurial agent (customer) concluding contract with processing enterprise (executor) for manufacturing alcohol drinks or tobacco products using unfinished raw materials shall register himself, at the location, at the distributor of the excise duty stamps and buy required number of excise duty stamps for marking finished products. Executor is prohibited to accept raw materials on a give and take bases for manufacturing goods liable to the excise duty without excise stamp and certificate on registration in the state taxation inspection. When alcohol drinks and tobacco products are sold for export or bartered in foreign economic relations for other products which are, according to the current legislation, not liable to the excise duty, the amount of the excise duty is returned from the budget to the payer of the tax under condition of placing currency earnings into the currency account of the enterprise or receiving products after fulfilling exchangeable operation, presenting supporting documents (contract on exchangeable operations, cargo customs declaration). 6. Ukrainian producing enterprises shall submit to the 16th day of the month next to the month under review appropriate state taxation inspections with the calculation of the excise duty sum for the previous month proceeding from the actual volumes of sales and realization prices. Excise duty not payed within determined period shall be collected from the producing enterprise according to the current legislation of Ukraine. 7. Natural persons importing alcohol drinks and tobacco products to the customs territory of Ukraine in amounts which can be determined as a consignment of goods

and liable to the import duty shall pay excise duty during customs registration of goods on the ground of cargo custom declaration producing goods cheques and if they are absent - proceeding from the indicative prices. 8. Entrepreneurial agents including citizens involved in entrepreneurial activity without establishing legal person and persons which have concluded contract with foreign producers for delivering in Ukraine alcohol drinks and tobacco products shall register themselves at the distributor of the excise duty stamps and receive certificate according to the Regulation on production, storage, distribution of the excise duty stamps and marking of the alcohol drinks and tobacco products. 9. To receive stamps importer shall present to the distributor of the excise duty stamps statement in triplicate in the form determined by the stamps distributor, payment documents which confirm payment for stamps and excise payment or properly prepared note on delay in payment issued according to the Regulation on production, storage, distribution of the excise duty stamps and marking of the alcohol drinks and tobacco products. First copy of the statement shall be given to the stamps distributor; second (with the mark of the stamps distributor on payment of excise duty) shall be returned to the importer for submitting to the customs bodies when drawing up customs declaration; third, marked by the stamps distributor, is left to the buyer (importer). 10. The amount of the excise duty is determined by payers (importers) proceeding from the contract cost of the imported alcohol drinks and tobacco products, current import duty rates, customs duties, determined excise duty rates and payed to the State Budget of Ukraine. Terms of receiving excise duty stamps for each contract are determined by the stamp's buyers (importers) after coordination with the stamps distributor depending on volumes of imported goods. If alcohol drinks and tobacco products are brought by the importer to the territory of Ukraine under the contract in separate consignments, then the number of the given excise duty stamps and the date when they were given are indicated at the contract for supply. Distribution of the excise duty stamps to import next consignments of goods is fulfilled after presenting to the stamps distributor copy of the import cargo customs declaration on importing previous consignment of goods. 11. Obtained excise duty brands shall be given by importers to the foreign producers for marking imported alcohol drinks and tobacco products during their manufacturing. 12. Importers have the right to import to the territory of Ukraine import alcohol drinks and tobacco products only through the customs preliminary coordinated with the stamps distributor when obtaining excise duty stamps. 13. Excise duty payment for the imported alcohol drinks and tobacco products by the importers can be made by issuing note with delay in payment for the period till importing goods liable to the excise duty to the territory of Ukraine but not more than 60 days starting from the moment of applying to receive stamps.

Discounting of the indicated notes is made by the distributor of the excise duty stamps. Promisor is obliged to pay within the period indicated in the note the amount of the delayed tax and the interest for using budget loan in amount of the discount rate of the National Bank of Ukraine which was ruling at the moment when the note was issued. If the promisor has not honoured the amount of the note within determined period, stamps distributor during two working days starting from the date of note's settlement shall collect from the promisor unpaid amounts of the note in indisputable order charging penalty for each delayed day including settlement day in amount determined by the legislation. To collect unpaid note amounts, promisor's bank shall be submitted with the note and the order on indisputable collection of the unpaid amounts. When the bank has written off this amounts the note shall be returned to the stamps' distributor for its paying. Honouring of the note is fulfilled after full payment of the excise duty by promisor. 14. Excise duty from the amount exceeding customs value of the imported alcohol drinks and tobacco products determined when calculating excise duty whilst receiving stamps importer determines and pays to the State Budget of Ukraine before or during custom registration of the imported alcohol drinks and tobacco products. Along with this prices for alcohol drinks and tobacco products imported to the territory of Ukraine and indicated in the cargo customs declaration can not be lower than indicative prices. After paying to the State Budget of Ukraine full amount of the excise duty on imported goods, stamps distributor marks every copy of the statement on receiving excise duty stamps. 15. Condition for customs registration of the imported alcohol drinks and tobacco products is availability at the bottle (package) and packet (package) of the excise duty stamps of the established form and also submission of the customs control bodies with the statement on receiving stamps with the note of the stamps distributor on full payment of the excise duty. 16. If the procedure of marking imported alcohol drinks and tobacco products established by the Regulation on production, storage, distribution of the excise duty stamps and marking of the alcohol drinks and tobacco products is violated or excise duty is not fully payed, then goods are not allowed for customs registration and importing to the customs territory of Ukraine. 17. Excise duty stamps which were not used for marking goods because of their damage shall be received from the stamps' buyers for their utilization reimbursing actually payed amounts of the excise duty according to the Regulation on production, storage, distribution of the excise duty stamps and marking of the alcohol drinks and tobacco products. Payment for the excise duty stamps is not returned. 18. Selling (transferring) of the obtained excise duty brands by one buyer of the stamps to another is prohibited except situations provided by the Part 11 of this Article.

19. Transit of the alcohol drinks and tobacco products via the customs territory of Ukraine is fulfilled according to the current legislation of Ukraine. Article 8. Responsibility for violating legislation on excise duty payment. Producers, importers, distributors of the alcohol drinks and tobacco products and their officials are responsible for not observing procedures of marking and selling alcohol drinks and tobacco products according to the procedure established by the current legislation of Ukraine. Article 9. Control of the excise duty incomings. 1. Control for paying excise duty at the territory of Ukraine on alcohol drinks and tobacco products is carried out by the state taxation inspections. 2. State taxation inspections shall organize work on producing excise duty stamps, their storage and distribution, control timely presentation by the payers of the calculations and other documents connected with computing excise duty, keep records and prepare reports on excise duty incomings to the appropriate budget, register importers, issue certificates of the established form on the right to import alcohol drinks and tobacco products into Ukraine. 3. Control for the availability of the stamps at the bottle (package) of alcohol drinks and at the packet (package) of tobacco products when they are sold is fulfilled by state taxation inspections, control and auditing service and bodies of internal affairs; when these goods are imported to the territory of Ukraine - by the custom bodies. If violations in the procedure of importing, selling or trade in alcohol drinks and tobacco products without excise duty stamps are discovered, then indicated controlling bodies shall prepare and submit to the state taxation inspections protocol and inventory of goods without excise duty stamps of the established form to give an appropriate rulings. 4. Heads of the state taxation inspections of Ukraine and their deputies have the right to give rulings on confiscation of the alcohol drinks and tobacco products sold by the state trade enterprises without availability at the bottle (package), packet (package) of the excise duty stamps. 5. Ruling on confiscation of the alcohol drinks and tobacco products is fulfilled according to the current legislation. 6. Confiscated alcohol drinks and tobacco products are sold or exterminated according to the procedure established by the Cabinet of Ministers of Ukraine.