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Can the declarant re-submit a one-time (special) voluntary declaration (hereinafter – Declaration), if such declarant has already submitted Declaration but...?

published 01 December 2021 at 15:42

Can the declarant re-submit a one-time (special) voluntary declaration (hereinafter – Declaration), if such declarant has already submitted Declaration but amount of levy specified in it is not paid or paid in part, as a result of which such Declaration was recognized as not submitted?

Sixth paragraph of Paragraph 12 Sub-section 94 Section XX “Transitional provisions” of the Tax Code of Ukraine (hereinafter – TCU) stipulates that in case of non-payment or incomplete payment of levy amount in a term determined by this Sub-section for the one-time (special) voluntary declaration specified in it, the one-time (special) voluntary declaration is considered not submitted and declarant does not have the state guarantees and exemptions from liability provided by this Sub-section.

Herewith, Paragraph 6 Sub-section 94 Section XX of the TCU stipulates that declarant who intends to use the one-time (special) voluntary declaration of individual’s assets belonging to him / her, during period of the one-time (special) voluntary declaration specified by this Sub-section has a right to voluntarily submit the (one-time) voluntary declaration to the central executive body implementing state tax policy in manner and form established by the central body of executive power, which ensures formation and implementation of public financial policy.

As follows, in case of non-payment or incomplete payment of levy, as a result of which the Declaration was recognized as not submitted, the declarant can re-submit such Declaration, as Sub-section 94 Section XX “Transitional Provisions” of the TCU does not contain restrictions on the re-submission of reporting Declaration.