At the meeting of the Verkhovna Rada of Ukraine, which took place on September 20, 2019 a Law was adopted to amend the Act "On the use of clearinghouse registers in the area of trade, public catering, and services" in order to make settlements in the area of trade and services more improved.
Law introduces significant changes to the procedure for conducting business activities in such areas as trade, catering, and provision of services, as well as affects those business entities that carry out settlement operations in cash and/or non-cash form.
In particular, the Law imposes an obligation on business entities to provide the person who receives or returns the goods, receives or refuses to receive the service (including as a result of ordering or paying in the INTERNET) with a settlement document of the established form and content for the full amount of the transaction, created in paper and / or electronic form.
It is assumed that the creation and provision in paper and/or electronic form of appropriate settlement documents that confirm the performance of settlement operations by economic entities in the full amount of purchase (service) will be carried out with the help of the relevant registrars of settlement operations, which are registered, sealed in the prescribed manner and transferred to the fiscal regime, or with the help of relevant software products that are provided by fiscal authorities and can be established
It is worth noting that fiscal authorities have announced the possibility of using the abovementioned software on a free basis, and access to the relevant services will be absolutely open.
Special attention should be paid to the liability of economic entities, which is established by this Law and assumes penalties in the amount of 100% of the value of goods or services sold and/or provided by the said entity with violations of the requirements of this Law and in cases of repeated violation - 150% of the specified value of goods or services.
At the same time, one of the innovations of the Law is the so-called "cashback" for purchasers (consumers) - in cases where the violation of the business entity was revealed by the results of the inspection carried out on the basis of the complaint of the purchaser (consumer), such purchaser (consumer) is compensated 100 percent of the cost of purchased goods (works, services) specified in his complaint from the collected penalty (financial) sanctions.
Deiak Law Firm provides a constant analysis and control of changes in national legislation, which directly affect the business of our clients. We focus in particular on the analysis of risks that may arise in the Retail sector, Tax practice and can affect on Dispute Resolution.
