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Does the controlling body conduct audit check of the one-time (special) voluntary declarations?

, published 30 September 2021 at 10:53

According to Paragraph 6 Sub-section 94 Section XX “Transitional Provisions” of the Tax Code of Ukraine (hereinafter - the Code), the declarant who intends to use one-time (special) voluntary declaration of individual’s assets belonging to him / her, during the period of 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.

Herewith, information on sources of declarant’s reception (acquisition) of the declaration objects is not specified.

In addition, according to Paragraph 13 Sub-section 94 Section XX of the Code it is provided that tax audit by the central body of executive power, which implements the state tax policy, is not carried out regarding the declarant’s receipt source of assets or individual who falls under Paragraph 10 of Sub-section 94 Section XX of the Code and income at the expense of which declared assets were received by such declarant (Paragraph 10 Sub-section 94 Section XX of the Code).

At the same time it should be noted that the one-time (special) voluntary declaration is subject to verification in a special manner according to Paragraph 15 Sub-section 94 Section XX of the Code.

Specified declaration is subject to the procedure of internal audit (provided for in Sub-section 94 Section XX of the Code), which is carried out by the central executive body implementing the state tax policy within 60 calendar days following the day of submission of relevant declaration (Sub-paragraph 15.1 Paragraph 15 Sub-section 94 Section XX of the Code).

Note that the purpose of internal audit of the one-time (special) voluntary declaration is to identify arithmetic and logical errors.

Currently, the controlling body is preparing the Procedure for conduction of internal audits of the one-time (special) voluntary declarations.