How to open a special bank account for the one-time voluntary declaration?

For purposes of the one-time (special) voluntary declaration, the declarant must place funds in national and foreign currencies in cash and / or bank metals on current accounts with a special regime of use in Ukrainian banks (hereinafter – special accounts) before submitting the one-time (special) voluntary declaration according to Paragraph 9 Sub-section 9 Copy 4 Section XX “Transitional Provisions” of the Tax Code of Ukraine as of 02.12.2010 № 2755-VI with changes and amendments (hereinafter – the TCU).

Declarant in order to ensure compliance with provisions of Paragraph 9 Sub-section 9 Copy 4 Section XX “Transitional Provisions” of the TCU applies to the bank to open a special account.

The Bank provides placement of funds in cash and / or bank metals for the one-time (special) voluntary declaration on a special account after proper verification of the declarant’s identity according to legislative requirements to prevent and combat money laundering, terrorist financing and financing the proliferation of weapons of mass destruction (hereinafter – legislation in the financial monitoring sphere).

The Bank takes measures to establish sources of origin of these assets in cases provided by legislation in the financial monitoring sphere, after crediting them to a special account of the declarant.

Resolution of the Board of the National Bank of Ukraine as of 05.08.2021 № 83, which enters into force on 01.09.2021 and is valid until 01.09.2022, approved Regulations on the procedure for opening and maintaining current accounts with a special regime of use in national and foreign currencies, bank metals for purposes of the one-time (special) voluntary declaration (hereinafter – Regulation № 83).

Paragraph 7 of Regulation № 83 determines that the Bank opens a special account for the declarant according to requirements of Instruction on the procedure for opening and closing customer bank accounts and correspondent accounts of resident and non-resident banks, approved by Resolution of the Board of the National Bank of Ukraine as of 12.11.2003 № 492 (in edition of Resolution of the Board of the National Bank of Ukraine as of 01.04.2019 № 56) as amended (hereinafter – Instruction № 492), in a manner prescribed in Paragraph 62 Section V for individuals and with obligatory compliance with requirements of Paragraph 16 Section I of Instruction № 492.

In addition to documents for opening a special account, the declarant submits a questionnaire (Annex 1 to Regulation № 83) and application (Annex 2 to Regulation № 83).

It should be noted that the questionnaire provides for filling in Paragraph 14, according to which the declarant reports on the sources of origin (receipt, acquisition) of declared assets, including:

1) assets received from business activities, independent professional activity;

2) assets received in the form of non-taxable income;

3) assets received as a gift;

4) other sources of origin (receipt, acquisition) of declared assets (specify which ones).

At the same time, signing application, the declarant informs that the declaration object does not belong to:

1. Individual’s assets received (acquired) by the declarant as a result of committing an act that contains signs of a criminal offense, except for criminal offenses or other violations of the law related to:

1) evasion of taxes, fees (mandatory payments);

2) payment evasion of the single contribution to obligatory state social insurance and insurance contributions to the obligatory state pension insurance;

3) violations in the currency legislation sphere;

4) violations in the protection of economic competition in the part of violation provided for in Paragraph 12 Article 50 as of 11.01.2001 № 2210-III “On protection of economic competition” with changes and amendments.

2. Individual’s assets belonging to the declarant, in respect of which a pre-trial investigation or court proceedings have been initiated against such assets on the grounds of criminal offenses provided for in Articles 212 and 212 Copy 1, as well as in Article 366 (for tax and / or financial reporting documents, customs declarations, tax invoices, primary documents, other reporting on taxes, fees, mandatory payments), in Article 367 (if the criminal offense is related to violation of requirements of the tax, customs, currency and other legislation, control of which is entrusted to the supervisory authorities) of the Criminal Code of Ukraine as of 05.04.2001 № 2341-III with changes and amendments (hereinafter – the Criminal Code).

3. Assets of individual or legal entity belonging to the declarant, in respect of which legal proceedings have been instituted in the commission of any of the criminal offenses provided for in Articles 209, 258 Copy 55 and 306, in Parts 1 and 2 of Article 368 Copy 3, in Parts 1 and 2 of Article 368 Copy 4, in Articles 368 and 368 Copy 5, Articles 369 and 369 Copy 2 of the Criminal Code, and / or subject to charging as unreasonable in a manner prescribed in Chapter 12 Section III as of 18.03.2004 № 1618-IV with changes and amendments.  

4. Declarant’s assets originating in a territory of the country recognized as an aggressor state according to the law.

The Bank accepts cash from the declarant in national and foreign currencies, bank metals with physical delivery for crediting to special accounts of the declarant through an operating cash desk by application for the cash transfer; at the same time “voluntary declaration” (Paragraph 9 of Regulation № 83) is indicated in the application’s requisites “Purpose of payment / content of transaction” for the cash transfer.