Which authority determines appraised value of immovable property located on the territory of Ukraine, which has not been put into operation or the ownership of which is not registered in manner prescribed by law, in order to fill in Column 9 Section V of the one-time (special) voluntary declaration?
Paragraph 1 Sub-section 94 Section XX “Transitional Provisions” of the Tax Code of Ukraine as of 02.12.2010 № 2755-VI with changes and amendments (hereinafter – TCU) stipulates that the one-time (special) voluntary declaration this is a special procedure for voluntary individual’s declaration of assets belonging to the declarant which are located on the territory of Ukraine and / or abroad, if such individual’s assets were received (acquired) at the expense of income that was subject to taxation in Ukraine at the time of their accrual (receipt) and from which taxes and levies were not paid or not in full amount under requirements of tax legislation and / or international agreements consent to be bound by the Verkhovna Rada of Ukraine and / or which have not been declared in violation of tax and currency legislation, control of which is entrusted to the supervisory authorities, during any tax period that took place before 01.01.2021.
Sub-paragraph “b” Sub-section 94 Section XX of the TCU and Sub-paragraphs 14.1.280, 14.1.281 Paragraph 14.1 Article 14 of the TCU stipulate that objects of the one-time (special) voluntary declaration may be individual’s assets owned by the declarant (including joint partial or joint common ownership right) and are (registered, in circulation, registered, etc.) on the territory of Ukraine and / or abroad as of the date of submission of one-time (special) voluntary declaration (hereinafter – Declaration), including:
real estate (land, residential and non-residential real estate).
For purposes of this Sub-section, the real estate also includes objects of unfinished construction, which:
are not taken into operation or the ownership right of which is not registered in a manner prescribed by law, but property rights on such objects belong to declarant on the ownership right;
are not put into operation and located on land plots belonging to declarant on the private property right, including joint property or on the long-term lease right or on the superficies right.
Paragraph 7.2 Sub-section 94 Section XX “Transitional provisions” of the TCU for the declaration objects defined in Sub-paragraphs “b” – “g” of Paragraph 4 Sub-section 94 Section XX “Transitional provisions of the TCU determines basis for accrual of levy for the one-time (special) voluntary declaration particularly but not exclusively, as:
declarant’s expenditures for the purchase (acquisition) of declaration object;
value determined on the basis of property rights and property 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.
Declarant may attach relevant documents or duly certified copies to Declaration, confirming value of the declaration objects, which are (registered) on the territory of Ukraine.
At the same time, the legal basis for property valuation, property rights and professional appraisal activities in Ukraine, its state and public regulation, ensuring creation of independent property appraisal system to protect legitimate interests of the state and other legal entities in property appraisal, property rights and use its results, determined by the Law of Ukraine as of 12.07.2001 № 2658-III “On property valuation, property rights and professional appraisal activities in Ukraine” with changes and amendments (hereinafter – Law № 2658) in accordance with Article 5 of which subjects of evaluation activities are:
business entities – individuals registered in manner prescribed by law are business entities, as well as legal entities, regardless of their organizational and legal form and ownership form, involved in economic activities, which includes at least one appraiser and who received corresponding certificate according to the Law № 2658;
public authorities and local self-government authorities that have been authorized to carry out appraisal activities in the process of performing managing functions and disposing state property and (or) communally owned property and which include appraisers.
State Property Fund of Ukraine maintains the State Register of Appraisers who received qualification certificate and the State Register of Appraisal Entities who received certificates (Articles 17 and 22 of the Law № 2658).
Given the above specified, in order to fill in Column 9 “Acquisition costs (acquisition) / estimated value” Section V of Declaration to determine the appraised value of real estate, which is not put into operation or ownership of which is not registered in manner prescribed by law but property rights to such object belong to declarant on the ownership right, the declarant may apply to appraiser, information about whom is contained in the State Register of Appraisers.
In addition, it should be noted that declarant has a right in Column 9 of this section of Declaration to determine basis for accrual of levy for the one-time (special) voluntary declaration based on costs incurred for purchase / acquisition of real estate, which can be confirmed by relevant documents (cashier’s check, commodity check, expense check, settlement receipt, etc.).
More information is in the “Knowledge Base” of public information and reference resource