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Can an individual declare movable or immovable property, ownership of which was acquired before the end of one-time (special) voluntary declaration campaign, but after 01.01.2021 (for example, in November 2021)...?

published 17 September 2021 at 10:39

Can an individual declare movable or immovable property, ownership of which was acquired before the end of one-time (special) voluntary declaration campaign, but after 01.01.2021 (for example, in November 2021), at the expense of funds from which taxes were not paid and which were not placed on current accounts with a special regime of use in Ukrainian banks before the submission of one-time (special) voluntary declaration?

According to Paragraph 1 Sub-section 94Section XX “Transitional provisions” of the Tax Code of Ukraine as of 02.12.2010 № 2755-VI with changes and amendments (hereinafter – the TCU), the one-time (special) voluntary declaration is a special procedure for voluntary individual’s declaration of assets located on the territory of Ukraine and / or abroad, if such individual’s assets were received (acquired) by at the expense of income subject to taxation at the time of their accrual (receipt) in Ukraine and from which taxes and levies were not paid or not in full amount according to legislative requirements on taxation and / or international agreements, the binding nature of which was approved by the Verkhovna Rada of Ukraine  and / or which were not declared in violation of tax and currency legislation, the control over which is entrusted to the supervisory authorities during any of the tax periods that occurred before 01.01.2021.

As follows, the one-time (special) voluntary declaration concerns assets belonging to an individual, which were received (acquired) by such individual at the expense of income from which taxes and levies were not paid or not in full amount according to the requirements of tax legislation , during any of tax periods that occurred before 01.01.2021. That is, movable or immovable property, which were acquired by an individual after 01.01.2021 are not subject to declaration.

Herewith, an individual who has funds in national and foreign currencies in cash and from which taxes were not paid, may use the one-time (special) voluntary declaration subject to requirements of Paragraph 9 Sub-section 94Section XX of the Code.