Nova Poshta and NovaPay under the control of the tax authorities: what changes for individual sellers
3 June 15:24
ANALYSIS
The fight against shadow business is in full swing. The discovery of a malicious offender who pocketed UAH 200 from the sale of goods and the demand to appear at the fiscal authority to explain his “systemic” illegal business activity caused outrage among Ukrainians. "Komersant Ukrainian" found out how the fight against “shadow business” begins.
Recently, it was reported that Nova Poshta is tightening control over unregistered entrepreneurs by introducing new rules. Allegedly, individuals will be able to send no more than 5 parcels per month by cash on delivery, and the total amount of such parcels should not exceed UAH 30,000. There are no restrictions for registered individual entrepreneurs.
At the same time, representatives of NP stated that they do not limit the number of parcels. However, in the context of increased state control over business activities, they are forced to introduce new procedures and rules, the press service of the NP said.
“Thus, according to state requirements, any financial service or bank is obliged to check clients according to risk criteria, carefully examine all financial transactions for legality, including their purpose, nature, and connections. If you, as an individual, receive a large number of cash on delivery, then our financial partner, NovaPay, in accordance with the requirements of the Law of Ukraine No. 361-IX, is obliged to limit the provision of financial services until explanations are received regarding the origin of the funds,”
– NP explained.
And they immediately advised to open a sole proprietorship, work legally, and then no questions would arise.
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“Letters of happiness” for the chosen ones
All the fuss was caused by NovaPay, which transmits its customers’ data to the tax authorities. The UAH 200 that an individual received for selling goods and was summoned to the tax office to provide explanations as a violator was transmitted through this system. In fact, the individual almost received a fine of UAH 17 thousand.
By the way, the initiator of the idea, Danylo Hetmantsev, was the first to react to the tax authorities’ zeal and criticize the actions of the tax authorities.
“Undoubtedly, doing business without registration and paying taxes is an evil that needs to be eradicated. I am sure you have received such an order. But instead of identifying real unregistered business and dealing with it, you are massively sending out “letters of happiness” to everyone? For 200 hryvnias? Seriously?”
– the MP addressed the tax authorities.
Meanwhile, the tax authorities have officially confirmed that in the first three weeks of March alone, they sent more than three thousand summonses to Ukrainians who received transfers through payment systems.
The reason was the data on money transactions, to which the agency now has direct access. Of the total number of recipients, 212 were registered as individual entrepreneurs, while the rest were ordinary citizens whose transfers were recognized as “hidden businesses.” In total, 97.5 thousand transfers amounting to UAH 162.7 million were recorded during this period.
In early May, the State Tax Service sent letters to about three thousand citizens demanding that they appear before inspectors to provide explanations. These individuals are suspected of conducting business activities without proper registration and payment of taxes. Now, those who received the money face not only an audit but also fines of up to UAH 85,000 just for not being registered as entrepreneurs.
Among the “lucky ones” who received letters from the tax authorities were those who accepted money transfers through Nova Poshta’s NovaPay payment system.
Banking secrecy is still in effect
Starting March 1, payment systems first credit the money from the buyer to their transit account, and only then transfer it to the seller. In doing so, a receipt is generated with a tax number and other information about the recipient.
If a person sells goods and sends them via Nova Poshta, and the buyer pays upon receipt, the transaction data is reported to the tax authorities. They check them against the registers, and if the seller is not registered as a sole proprietor, they may receive a “letter of happiness”. However, if the buyer pays through a bank and not upon receipt, such information is not transmitted to the State Tax Service. However, there is a limit of no more than UAH 100 thousand of transfers per month.
As economic expert Oleg Pendzin emphasizes,
“Today, Nova Poshta wants to look like a shrine. If a business entity cooperates with NovaPay, then, accordingly, payment data is transferred to the tax authorities. No Ukrainian bank gives the tax authorities access to its customers’ transactions. Banking secrecy is still respected.”
The expert points out that “letters of happiness” are received after transactions in NovaPay. And this is a private enterprise payment system, which is not subject to the requirement of bank secrecy.
“Therefore, when the tax authorities requested the data, they provided it. Today, the banks that service client accounts do not provide any information to the tax authorities. And there are no restrictions on transfers, except for a memorandum stating that transfers should not exceed UAH 100 thousand. But these requirements have existed for a long time, and this is part of financial monitoring. And if your account is blocked and you have to prove the origin of the funds, it does not mean that you also have to pay taxes,”
– says Oleg Pendzin.
Financial monitoring does not care whether taxes are paid or not, it is only interested in the origin of the money. You need to prove that the money is legal. The restrictions on card transfers relate to this. But if the card receives less than UAH 100 thousand per month, there will be no problems.
In fact, the fight against shadow business has stopped. No draft law that would regulate it has been adopted yet. They tried to introduce taxation of international parcels, but failed, as well as marketplaces. You can still trade on marketplaces quite legally.
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Author: Alla Dunina
