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What is the basis for calculating levy for the one-time (special) voluntary declaration for the declaration objects specified in Sub-paragraphs "b" - "e" of Paragraph 4 Sub-section 9 Note 4 Section XX of the Tax Code of Ukraine?

published 06 January 2023 at 12:25

Sub-paragraph 7.2 Paragraph 7 Sub-section  94 Section XX “Transitional Provisions” of the Tax Code of Ukraine (hereinafter – Code) stipulates that according to Sub-paragraphs “b” – “e” of Paragraph 4 Sub-section 94 Section XX of the Code) levy’s accrual base for specified declaration objects in the one-time (special) voluntary declaration is determined, in particular, but not exclusively, as:

declarant’s expenditures for the purchase (acquisition) of declaration object;

cost determined on the basis of property and property rights evaluation, financial instruments and other assets. Evaluation of the declaration object is carried out in compliance with laws of the country where such asset is located. Value of assets, determined in foreign currency, is reflected in the one-time (special) voluntary declaration in UAH at the official exchange rate of national currency set by the National Bank of Ukraine as of the date of submission of one-time (special) voluntary declaration.

nominal value of monetary claim rights;

purchase price or stock exchange value, valid as of the date of submission of the one-time (special) voluntary declaration, of corporate rights (shares) admitted to stock exchange trading;

cost of asset in the form of precious metals, which is determined by converting weight to the purchase price for precious metals, determined by the National Bank of Ukraine as of the date of submission of the one-time (special) voluntary declaration;

declarant’s expenditures for the purchase (acquisition) of securities and other financial instruments not admitted to stock exchange trading and shares (parts) in property of legal entities or entities without the legal entity’s status, other corporate rights or the nominal cost of such assets, specified in relevant documents.

At the declarant's own request for movable property (except for precious metals, vehicles and other self-propelled machines and mechanisms, works of art, precious stones (including organogenic formations) and products made from them) basis for calculating levy for the one-time (special) voluntary declaration can be cost of the declaration objects, which are located (registered) on the territory of Ukraine, independently determined by the declarant.

Declarant can add to the one-time (special) voluntary declaration relevant documents or duly certified copies of them confirming cost of declared objects located (registered) on the territory of Ukraine.

Declarant is obliged to documentally confirm cost of declared objects by attaching to the one-time (special) voluntary declaration duly certified copies of documents confirming cost of declared objects, if such objects are located (registered) outside Ukraine.

Given the above specified, basis for calculating levy for the one-time (special) voluntary declaration for objects specified in Sub-paragraphs "b" - "e" of Paragraph 4 Sub-section  94 Section XX of the Code can be both evaluation carried out according to legislation of the country where declared object is located, and the declarant's expenses for the purchase of such object. Declarant independently decides on the definition of basis, but taking into account norms of Sub-paragraph 7.2 Paragraph 7 Sub-section  94 Section XX of the Code.