KIEV COUNCIL GIVES TAX BREAKS TO ALL CHURCHES EXCEPT UPTsMP
Institute of Religious Liberty, 13 March 2015
Despite statements by Mayor Vitaly Klichko, the decision of the Kiev city council regarding tax rates for buildings of residential and nonresidential property which deprives the Ukrainian Orthodox Church of the Moscow patriarchate of benefits has taken effect.
According to information from the official website of the Kiev council and the portal LIGA:Law, the notorious decision of 28 January 2015 took effect on 31 January, the Institute of Religious Liberty reports.
It is established that the tax rates for buildings of residential and/or nonresidential immoveable property owned by individuals and legal entities are determined as a percentage of the minimum wage established by law on 1 January of the reporting (tax) year for one square meter.
In this case, the tax rate for buildings of residential and nonresidential immoveable property in all locations (zoning) that pertains to buildings of worship and religious activity is set at 0.01%, that is, 0.1218 hryvnia per square meter per year.
This preferential tax rate does not apply to "buildings, structures, and premises belonging to parishes of the Ukrainian Orthodox Church." For them the tax rate is 12.18 hryvnia per square meter per year.
"There cannot be any privileges on the basis of religious confession. The decision of the Kiev council depriving one of the churches of benefits for taxation on immoveable property violates the constitution and will be reconsidered," Kiev Mayor Vitaly Klichko declared at the time when the Kiev council voted for this decision.
Maksim Vasin, executive director of the Institute of Religious Liberty, explained the innovation as follows: "A parish is usually understood to be a religious society, because such a term is not used in the law. Therefore it is most likely that immoveable property belonging to the Kiev metropolia and other legal entities of the UPTsMP, with the exception of religious societies, also take advantage of the preferential rate provided by the Kiev council."
Earlier the expert noted that the city head does not have the authority to overrule decisions of the city council as a representative body. However according to the Rules of the Kiev council he can only suspend a decision adopted by the Kiev council for five days and introduce it for a second consideration by the city council.
Consequently it is most likely that Mayor
Klichko did not take advantage of his right to suspend the above
mentioned decision of the Kiev council but perhaps he will simply
try to get a review by the Kiev council of the question of
introducing changes into it. (tr. by PDS, posted 13 March 2015)
Background articles:
Kiev
lawmakers punish Moscow-oriented church
January 28, 2015
Kiev
council's punishment of Orthodox church illegal
February 2, 2015
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