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Declaration 2020: who and when is obliged to submit declaration and who is exempted from this obligation

, published 08 April 2020 at 17:42

Submission of annual Property and income declaration (hereinafter – Declaration) for the previous year (Part 2 Article 67 of the Constitution of Ukraine) is citizen’s constitutional obligation.

Let’s clarify who is exempted from submission of Declaration, who is obliged to submit and who is entitled to submit Declaration.

INFORMATION

submission of Property and income declaration in2020

Obligatory submission of Declaration

Declaration is not submitted

Entitled submission of Declaration

by the taxpayers who:

are individuals-entrepreneurs on the general taxation system (Paragraph. 177.5 of the TCU).

 

are minors or incapacitated individuals and those who at the same time are in the full detention of others (including parents) and / or the state as of the end of reporting tax year (Paragraph. 179.4 of the TCU).

prefer to use the right to obtain a tax rebate by the results of reporting tax year (Sub-paragraph. 166.1.2 of the TCU).

 

are individuals who conduct independent professional activity (Paragraph. 178.4 of the TCU).

 

are under arrest, detained or sentenced to imprisonment, held in captivity or imprisoned in the territory of other States as of the end of declaration deadline (Paragraph. 179.4 of the TCU).

intend to refund the personal income tax paid in excess in case of failure to notify the notarial act on the contract of sale and purchase (mines) of the real estate property, for which the PIT was paid (Paragraph. 172.6 of the TCU).

are citizens who obliged to declare their income (Sub-paragraph. 168.2.1 and 168.1.3 of the TCU).

are wanted as of the end of reporting tax year (Paragraph. 179.4 of the TCU).

-

are taxpayers – residents who go abroad for permanent residence (Paragraph. 179.3 of the TCU).

are in full-time military service as of the end of reporting tax year (Paragraph. 179.4 of the TCU).

-

 

in other cases defined by the Tax Code of Ukraine (Paragraph. 179.4 of the TCU).

 

-

Obligatory submission of Declaration

Declaration is not submitted

Entitled submission of Declaration

received income:

made expenditures during the reporting year:

from individual who is not a tax agent (Sub-paragraph. 168.2.1 of the TCU).

from the tax agents who are not included in the total monthly (annual) taxable income according to Section IV of the Code (Paragraph. 179.2 of the TCU).

part of the amount of interest paid for the use of a mortgage loan, determined in accordance with Article 175 of the TCU (Sub-paragraph. 166.3.1 of the TCU).

from independent professional activity (Paragraph. 178.4 of the TCU).

only from the tax agents, regardless of the type and amount of accrued (paid, provided) income, except cases prescribed in Section IV of the Code (Paragraph. 179.2  of the TCU).

donations or charitable contributions to the non-profit organizations (Sub-paragraph. 166.3.2 of the TCU).

from the inheritance or gift of funds, property, property or non-property rights from persons who are not members of the first and second degree family (Paragraph. 174.3 of the TCU).

in the form of objects of inheritance which are taxed according to Section IV of the Code at the zero rate of tax and / or from which tax is paid in accordance with Paragraph. 174.3 Article 174 of the Code (Paragraph. 179.2 of the TCU).

amount of funds paid in favor of domestic educational institutions to refund the cost of obtaining the appropriate education by the taxpayer and / or his or her first-degree of affinity (Sub-paragraph. 166.3.3 of the TCU).

from operations with property in accordance with Article 172 - 173 of the TCU regarding the alienation of property in cases prescribed by the TCU (Sub-paragraph.. 164.2.4 of the TCU).

from operations of sale (exchange) of property, gift in case of notarization of contracts under which tax was paid in accordance with Section IV of the Code (Paragraph. 179.2 of the TCU).

insurance payments (contributions, remunerations) under the long-term life insurance contracts and pension contributions within the framework of the non-state pension insurance (Sub-paragraph. 166.3.5 of the TCU).

from leasing, rent or subletting (term of ownership and / or use) if the tenant is a non-economic entity (Sub-paragraph. 164.2.5 of the TCU).

-

amount of expenditures for assisting reproductive technologies (Second paragraph, Sub-paragraph. 166.3.6 of the TCU)

from operations with investment assets (Sub-paragraph.170.2.1 of the TCU).

-

amount of expenditures of payment for state services related to the adoption of a child, including payment of the state duty (Third paragraph,                   Sub-paragraph.166.3.6 of the TCU).

from foreign sources (Sub-paragraph. 168.2.1, 170.11.1 of the TCU).

-

amount of funds paid for conversion of vehicle with the use of motor blend fuel, bioethanol, biodiesel, compressed or liquefied gas, other biofuels (Sub-paragraph. 166.3.7 of the TCU).

 

 

from alienation of immovable property by a court decision on the change of owner and transfer of ownership of immovable property (Paragraph. 172.5 of the TCU).

from entrepreneurial activity on the general taxation system (Paragraph. 177.5 of the TCU).

amount of expenditures of payment for construction (purchase) of affordable housing defined by the law, including repayment of preferential mortgage housing loans for such purposes, and interest thereon (Sub-paragraph. 166.3.8 of the TCU).

from alienation of the movable property by a court order and change of owner with a transfer of ownership of movable property (Paragraph. 173.4 of the TCU).

-

amount of funds in the form of rent under the rent agreement (apartment, house), registered in accordance with the requirements of current legislation, actually paid by the taxpayer having the status of internally displaced individual (Sub-paragraph. 166.3.9 of the TCU)

in the form of basic amount of debt (loan) forgiven (canceled) by the creditor if amount exceeds 25% of one minimum wage (per year) determined on January 1 of the tax year. In 2019 – 1043.25 UAH.*( Sub-paragraph. «д» Sub-paragraph.164.2.17 of the TCU).

-

-

in the form of debt that has exceeded the statute of limitations in excess of 50% of the monthly subsistence minimum valid as of January 1 of the reporting tax year. In 2019 – 960.50 UAH.**( Sub-paragraph. 164.2.7 of the TCU).

-

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in the form of charitable assistance in the amount exceeding 500 minimum wages for the restoration of lost property and for other needs according to the list, determined by the Cabinet of Ministers of Ukraine, specified in Sub-paragraph 165.1.54 of the TCU. In 2019 – 2 086 500.00 UAH.*( Sub-paragraph. "б" Sub-paragraph. 170.7.8 of the TCU).

-

-

in the form of targeted charitable assistance, not used and not returned to the benefactor within the time limits specified by legislation (Sub-paragraph. 170.7.5 of the TCU).

-

-

in the form of non-targeted charitable assistance, if the total amount of such assistance exceeds 2690 UAH in 2019.**                   (Sub-paragraph. 170.7.3 of the TCU).

-

-

from the sale of own livestock products, if their total amount for the year exceeds 50 minimum wages determined by the law as of January 1 of reporting (tax) year. In 2019 – 208 650 UAH.*(Sub-paragraph. 165.1.24 of the TCU).

-

-

from the sale of own agricultural products in case if the size of land exceeds 2 hectare (Sub-paragraph. 165.1.24 of the TCU).

-

-

amount of remuneration and other payments accrued (paid) in accordance with the terms of civil contract upon receipt of the specified income from individuals – single tax payers of Group IV (Sub-paragraph. 164.2.2 of the TCU).

-

-

with source of origin in Ukraine and foreign income received by a foreigner who in the reporting (tax) year acquired the status of resident of Ukraine (Sub-paragraph. 170.10.4 of the TCU).

-

-

income other than referred to in Article 165 of the Code (Sub-paragraph. 164.2.20 of the TCU).

-

-

from entrepreneurial activity on the general taxation system (Paragraph. 177.5 of the TCU).

 

 

 

* minimum wage, set for January 1, 2019 – 4 173 UAH.

** monthly subsistence minimum for the able-bodied individual as of January 1, 2019 – 1 921 UAH.

 

Taxpayers

Reporting deadlines for 2019, valid in 2020 *

individuals-entrepreneurs (except for individuals who chose simplified taxation system) (within 40 calendar days following the last calendar day of reporting (tax) quarter (year).

10.02.2020

 

citizens who are obliged to submit the Declaration (before May 1, the year after reporting).

01.07.2020*

individuals who conduct independent professional activity (until May 1, the year after reporting).

01.07.2020*

citizens who are entitled to obtain a tax rebate (until December 31 (inclusively) of the next tax year).

31.12.2020

 

individuals-entrepreneurs in respect of whom the state registration of termination of entrepreneurial activity of individual-entrepreneur by own decision has been carried out.

30 calendar days from the date of the state registration of termination of entrepreneurial activity.

taxpayers – residents who go abroad for permanent residence. 

not later than 60 calendar days before the departure.

upon the receipt of foreign income: in absence of the taxpayer’s supporting documents regarding the amount of income received by him/her from foreign sources and the amount of tax paid by him/her in a foreign jurisdiction, issued according to Article 13 of the Code, subsequently according to Sub-paragraph 170.11.2 of the TCU such taxpayer is obliged to submit the application on the postponement of deadline for submission of declaration by December 31 of the year following the reporting year to the controlling body at its tax address. Application must be submitted by 01.05.2020 (deadline for submission of declaration).

31.12.2020 – with a condition of submitted application on the postponement of deadline for submission of declaration by 01.07.2020

 

*According to the Law of Ukraine as of 17.03.2020 № 533-IX“On Amendments to the Tax Code of Ukraine and other laws of Ukraine on support taxpayers for the duration of measures aimed to prevent the occurrence and spread of coronavirus disease (COVID-19)”.