September 28 District Administrative Court of Kyiv satisfied the claims of about 2 thousand private entrepreneurs to government and recognized as invalid a resolution requiring uproschentsev pay extra contributions to the Pension Fund. Properly list them under the new rules are unlikely to recover the overpayments. Consolation for them would be perhaps that the reluctance of the team of Yulia Tymoshenko to quarrel with small business, stamping clones contested norm. At least until the presidential election.
New rules for payment of contributions to the Pension Fund for uproschentsev - a gesture of goodwill toward the International Monetary Fund. To receive the second tranche stand by, Cabinet fulfilled one of its requirements by implementing measures to reduce the deficit PF. A new source of his income were charges of entrepreneurs who have chosen a simplified system of taxation. Since May 1, they were obliged to pay pension contributions separately, in addition to the sums of the single tax. Moreover, the additional stress for them was quite heavy. Until now uproschentsy paid to the state maximum of 200 UAH. per month, of which the Pension Fund includes a listing of 42%, or 84 grn.
Government Decree number 366 of April 14, The payment of contributions for compulsory insurance for individuals - the subjects of entrepreneurial activity, choose specific method of taxation has increased their costs of paying taxes for at least 123,5 UAH. month, and since December - to 138.11 UAH. as the minimum premium is calculated as the minimumwage, multiplied by the fee for compulsory State pension insurance (33.2%).
Given the established on April 1, the minimum salary of 625 UAH. corresponding to the size of the premium amount to 207,5 UAH. (excluding amounts payable to the pension fund as part of a single tax), and from 1 December, when the minimum wage will reach 669 UAH., it will increase to 222.11 UAH. According to the calculations of the Cabinet, a new procedure for payment of uproschentsami pension contributions would allow the Pension Fund during the eight months to get over 1.9 billion UAH. additional income.
Wanting to please international creditors and correct finance PF team of Yulia Tymoshenko is clearly exceeded the authority. This was the basis for a claim for cancellation of odious regulations, which went to court more than 2 thousand entrepreneurs. Even in the conclusion of the Justice Ministry to the said decree was clearly stated that the order and timing of transfers to the pension fund should be established through amendments to the Law On Compulsory State Pension Insurance and kabminovsky standard approved by the violations of legislative acts, which have supreme legal force - said plaintiffs' attorney Rostislav Kravets.
These same arguments were and the judge that made the decision in favor of entrepreneurs. It shall enter into force on 8 October (10 days after publication). But in fact, Executive Order ceased to have effect from September 28 because the court decision before it gained legal force apart suspends kabminovskogo document.
Small business is certainly glad of it. The rules repealed ordinances were totally unacceptable to uproschentsev, which are in their well-deserved rest, as well as those who combine business activities with other work and thus contribute to a pension fund does with they received wages. Among the entrepreneurs, each determines if he needed to experience and such a pension from the state or no longer needed. Who are they hoped that pay higher contributions in the past. After the decision to pay extra are only those who are afraid of tests, - said member of the Council of Entrepreneurs under the government Tatiana Zatserkovny.
According to the lawyer's law firm Shmarov and partners Anna Panchenko, when the court decision enters into force, employers may apply to the Pension Fund, so that he recognized the contributions listed in accordance with the requirements of Government Regulation overpaid. Senior lawyer law firm, Vasil Kisil and Partners Ivan Yurchenko added that the payments made pursuant to the requirements of decision KMU number 366, at the request of the entrepreneur may be taken into account for future payments.
However, legal scholars recognize that the process of return on their money promises to be no easy task. In addition, the Pension Fund, has received an application for the return of overpaid money is likely to initiate an inspection greedy SAP. As practice shows, communication with the auditors is almost always need to fork out (whether on payment of fines for violations of the facts found, whether in the gratification of Supervisors).
The Ministry of Labor and sotspolitiki now considering two options for possible action: an appeal to the court's decision, which overruled the action of the last order, or preparation of a new, similar in content to the terminations.
In any case, we will strive to equalize the minimum pension fund contribution from the employer and the usual physical persons (207.5 UAH).. The current court order, in fact, made entrepreneurs disservice by depriving them of in the future receive a normal retirement . PF will continue to accrue pensionable service to all citizens, based on a minimum pension contribution. uproschentsam However, for those who will continue to list the fund on 40-50 UAH., annual payments would count as two or three months , - said Deputy Minister of Labor and social policy Paul Rozenko.
At the end of last week at State Committee was made public a draft resolution of the Cabinet On some issues of contributions for compulsory State pension insurance of physical persons - subjects of small entrepreneurship.
Document obliges
uproschentsev who believe that it is not able to pay pension contributions separately from the single tax, to inform the pension fund. Based on these statements amount to fund a special register and pass it to the tax, after which it fiscals will deal with the solvency of entrepreneurs. If the net income of private traders in a month exceeds 1,5 subsistence minimum for able-bodied citizens (1003.5 grn.), He recognized solvent and pay contributions on general grounds.
However, despite the catastrophic state of the finances of the Pension Fund and the IMF demands to reduce its cash gap, before the election, the government of Yulia Tymoshenko is unlikely to be decided again to take a document obliging uproschentsev pay more. According to the Secretariat of the President, in January-August this year the foundation has collected 700 million UAH. less than the same period last year (now a month pension fund collects an average of 0,5-1,5 billion UAH.). Therefore, it is increasingly enjoys sponsorship budget: As of September 1, 2009 its debt to the treasury exceeded 11 billion UAH.
however, regularly received from the IMF credit tranches allow the Cabinet to lend the necessary funds to the Pension Fund. Rather, the prime minister would not arise and complications with international creditors because of non-compliance, because the government endorsed the decree number 366, formally complied with their demands. And not his fault that the court recognized the document illegal.
Alex Nabozhnyak
Break of the previous maximum 1241 points on the MICEX index has provided the basis for further upward movement
As leaders of the growth of the banking sector: VTB Bank (3.9%), Sberbank (3.6%), among outsiders - shares of Rostelecom (-0.7%),
Stability of oil prices could create the conditions for their growth at a time when demand starts to grow
Today is expected rather busy day
Stock exchanges in Asia and the Pacific are now showing positive dynamics
The economic downturn is forcing Russia to follow the path of capitalism
RusHydro continues to fluctuate around the level of 1,05 rubles
Shares of Sberbank overcome local maxima, quotes, bank up and prompted the closure of the players 'short positions'
Greatest demand today enjoy the action of the oil, banking and steel sectors
Uproschentsy won Cabinet
Private entrepreneurs will pay pension contributions for the old rules …
September 28 District Administrative Court of Kyiv satisfied the claims of about 2 thousand private entrepreneurs to government and recognized as invalid a resolution requiring uproschentsev pay extra contributions to the Pension Fund. Properly list them under the new rules are unlikely to recover the overpayments. Consolation for them would be perhaps that the reluctance of the team of Yulia Tymoshenko to quarrel with small business, stamping clones contested norm. At least until the presidential election.
New rules for payment of contributions to the Pension Fund for uproschentsev - a gesture of goodwill toward the International Monetary Fund. To receive the second tranche stand by, Cabinet fulfilled one of its requirements by implementing measures to reduce the deficit PF. A new source of his income were charges of entrepreneurs who have chosen a simplified system of taxation. Since May 1, they were obliged to pay pension contributions separately, in addition to the sums of the single tax. Moreover, the additional stress for them was quite heavy. Until now uproschentsy paid to the state maximum of 200 UAH. per month, of which the Pension Fund includes a listing of 42%, or 84 grn.
Government Decree number 366 of April 14, The payment of contributions for compulsory insurance for individuals - the subjects of entrepreneurial activity, choose specific method of taxation has increased their costs of paying taxes for at least 123,5 UAH. month, and since December - to 138.11 UAH. as the minimum premium is calculated as the minimumwage, multiplied by the fee for compulsory State pension insurance (33.2%).
Given the established on April 1, the minimum salary of 625 UAH. corresponding to the size of the premium amount to 207,5 UAH. (excluding amounts payable to the pension fund as part of a single tax), and from 1 December, when the minimum wage will reach 669 UAH., it will increase to 222.11 UAH. According to the calculations of the Cabinet, a new procedure for payment of uproschentsami pension contributions would allow the Pension Fund during the eight months to get over 1.9 billion UAH. additional income.
Wanting to please international creditors and correct finance PF team of Yulia Tymoshenko is clearly exceeded the authority. This was the basis for a claim for cancellation of odious regulations, which went to court more than 2 thousand entrepreneurs. Even in the conclusion of the Justice Ministry to the said decree was clearly stated that the order and timing of transfers to the pension fund should be established through amendments to the Law On Compulsory State Pension Insurance and kabminovsky standard approved by the violations of legislative acts, which have supreme legal force - said plaintiffs' attorney Rostislav Kravets.
These same arguments were and the judge that made the decision in favor of entrepreneurs. It shall enter into force on 8 October (10 days after publication). But in fact, Executive Order ceased to have effect from September 28 because the court decision before it gained legal force apart suspends kabminovskogo document.
Small business is certainly glad of it. The rules repealed ordinances were totally unacceptable to uproschentsev, which are in their well-deserved rest, as well as those who combine business activities with other work and thus contribute to a pension fund does with they received wages. Among the entrepreneurs, each determines if he needed to experience and such a pension from the state or no longer needed. Who are they hoped that pay higher contributions in the past. After the decision to pay extra are only those who are afraid of tests, - said member of the Council of Entrepreneurs under the government Tatiana Zatserkovny.
According to the lawyer's law firm Shmarov and partners Anna Panchenko, when the court decision enters into force, employers may apply to the Pension Fund, so that he recognized the contributions listed in accordance with the requirements of Government Regulation overpaid. Senior lawyer law firm, Vasil Kisil and Partners Ivan Yurchenko added that the payments made pursuant to the requirements of decision KMU number 366, at the request of the entrepreneur may be taken into account for future payments.
However, legal scholars recognize that the process of return on their money promises to be no easy task. In addition, the Pension Fund, has received an application for the return of overpaid money is likely to initiate an inspection greedy SAP. As practice shows, communication with the auditors is almost always need to fork out (whether on payment of fines for violations of the facts found, whether in the gratification of Supervisors).
The Ministry of Labor and sotspolitiki now considering two options for possible action: an appeal to the court's decision, which overruled the action of the last order, or preparation of a new, similar in content to the terminations.
In any case, we will strive to equalize the minimum pension fund contribution from the employer and the usual physical persons (207.5 UAH).. The current court order, in fact, made entrepreneurs disservice by depriving them of in the future receive a normal retirement . PF will continue to accrue pensionable service to all citizens, based on a minimum pension contribution. uproschentsam However, for those who will continue to list the fund on 40-50 UAH., annual payments would count as two or three months , - said Deputy Minister of Labor and social policy Paul Rozenko.
At the end of last week at State Committee was made public a draft resolution of the Cabinet On some issues of contributions for compulsory State pension insurance of physical persons - subjects of small entrepreneurship.
Document obliges
uproschentsev who believe that it is not able to pay pension contributions separately from the single tax, to inform the pension fund. Based on these statements amount to fund a special register and pass it to the tax, after which it fiscals will deal with the solvency of entrepreneurs. If the net income of private traders in a month exceeds 1,5 subsistence minimum for able-bodied citizens (1003.5 grn.), He recognized solvent and pay contributions on general grounds.
However, despite the catastrophic state of the finances of the Pension Fund and the IMF demands to reduce its cash gap, before the election, the government of Yulia Tymoshenko is unlikely to be decided again to take a document obliging uproschentsev pay more. According to the Secretariat of the President, in January-August this year the foundation has collected 700 million UAH. less than the same period last year (now a month pension fund collects an average of 0,5-1,5 billion UAH.). Therefore, it is increasingly enjoys sponsorship budget: As of September 1, 2009 its debt to the treasury exceeded 11 billion UAH.
however, regularly received from the IMF credit tranches allow the Cabinet to lend the necessary funds to the Pension Fund. Rather, the prime minister would not arise and complications with international creditors because of non-compliance, because the government endorsed the decree number 366, formally complied with their demands. And not his fault that the court recognized the document illegal.
Alex Nabozhnyak
Break of the previous maximum 1241 points on the MICEX index has provided the basis for further upward movement
As leaders of the growth of the banking sector: VTB Bank (3.9%), Sberbank (3.6%), among outsiders - shares of Rostelecom (-0.7%),
Stability of oil prices could create the conditions for their growth at a time when demand starts to grow
Today is expected rather busy day
Stock exchanges in Asia and the Pacific are now showing positive dynamics
The economic downturn is forcing Russia to follow the path of capitalism
RusHydro continues to fluctuate around the level of 1,05 rubles
Shares of Sberbank overcome local maxima, quotes, bank up and prompted the closure of the players 'short positions'
Greatest demand today enjoy the action of the oil, banking and steel sectors