Nonprofit organizations can be exclude
So that the controlling body doesn’t exclude a nonprofit organization from the Register of Nonprofit Institutions and Organizations after January 1, 2017, each of these organizations must bring its constituent documents in accordance with the norms of clause 133.4 of Art. 133 of the Tax Code of Ukraine. Copies of new constituent documents (in particular, the statute) must be submitted to the controlling body by the end of this year.
Among other things, the constituent documents should include the ban on distributing revenues or a part of them among the founders (participants), members of the organization, employees (except their remuneration and accrual of the single social contribution), the board members and other related parties.
In addition, the nonprofit organization charter should provide for the transfer of assets to one or more nonprofit organizations of the appropriate type or their adding to the budget revenue in the event of the legal entity’s termination (as a result of its liquidation, merger, division, affiliation, or transformation).
May include budget institutions, civic associations, political parties, creative unions, religious organizations, charitable organizations, pension funds; communities, associations, housing, cottage building, horticultural, and garage cooperatives (associations), condominiums, trade unions, their associations and organizations of trade unions, as well as organizations of employers and their associations, agricultural servicing cooperatives, cooperative associations of agricultural service cooperatives, and other legal entities whose activities comply with the requirements of the Code.
According to the CMU Resolution from July 13, 2016 No. 440, the State Fiscal Service shall ensure the sending to the nonprofit organizations included in the Register of Nonprofit Institutions and Organizations written requests for the provision within a month from the date of their receipt of the response on the compliance of the nonprofit organization with the requirements set forth in clause 133.4 of Art. 133 of the Tax Code of Ukraine, and copies of the certified organization’s constituent documents.
Olha Badaka comments on this
Specialist in the registration of legal entities of all forms of ownership of the Rezultat law firm:
personally I and my colleagues do not recommend waiting for an official letter from the State Fiscal Service with a requirement to bring the constituent documents in line with the norms of clause 133.4 of Art. 133 of the Tax Code of Ukraine. That’s because there is a formal part in the Procedure for maintaining the Register of Nonprofit Institutions and Organizations. So, until recently the unprofitability indicator code was 0006. Now, according to the current normative legal acts regulating the Procedure for Maintaining the Register of Nonprofit Institutions and Organizations, the unprofitability indicator code is changed to 0032. Since the Registry is inherently an automated system, the need for a code change is urgently required for nonprofit organizations, otherwise the Registry simply will not readjust information about your company or institution, and from January 1, 2017, your institution may be among ordinary profitable ones with the general system of taxation (18% of profit).
So do not delay! The Rezultat law firm will gladly help you make all the necessary changes. Call (0472) 510047.
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