Is it possible to return the overpaid amount of levy for the one-time (special) voluntary declaration?
According to the First paragraph of Sub-paragraph 15.1 Paragraph 15 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 – the TCU), the one-time (special) voluntary declaration (hereinafter – Declaration) is subject to the procedure of internal audit conducted by the controlling body within 60 calendar days following the day of submission of relevant Declaration (Sub-section 94 Section XX of the TCU).
In case of detection of an arithmetic error, which led to the overpayment of levy for one-time (special) voluntary declaration by the controlling body, based on the internal audit results of relevant one-time (special) voluntary Declaration, the declarant who submitted relevant Declaration has a right to submit clarifying Declaration within 20 calendar days from the date of receipt of notification in any form from the controlling body (Fourth paragraph of Sub-paragraph 15.1 Paragraph 15 Sub-section 94 Section XX of the TCU).
Fourth paragraph of Paragraph 12 Sub-section 94 Section XX of the TCU stipulates that in case of declarant’s submission of the clarifying Declaration if amount of Levy specified in such Declaration is less than amount of Levy paid on the basis of previously submitted Declaration – the overpaid amount of Levy shall be reimbursed according to Article 43 of the TCU.
Paragraph 43.3 Article 43 of the TCU stipulates that mandatory condition for reimbursement of monetary obligations and penalty is the taxpayer’s submission of application for such reimbursement (except for the reimbursement of excessively withheld (paid) amounts of the personal income tax returned by the controlling body on the basis of taxpayer’s property tax return status and income for the reporting calendar year based on the results of recalculation of its total annual taxable income) within 1095 days from the date of occurrence of erroneously and / or overpaid amount and / or penalty.
