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Can the declarant re-submit one-time (special) voluntary declaration, if such declaration has already been submitted but amount of levy specified in it is not paid or paid in part, as a result of which such declaration was recognized as not submitted?

, published 18 October 2021 at 13:51

According to Paragraph 12 of Sub-section 94 Section XX “Transitional provisions” of the Tax Code of Ukraine (hereinafter – the TCU), in case of non-payment or incomplete payment of levy amount in a term determined by this Sub-section for the one-time (special) voluntary declaration specified in it, the one-time (special) voluntary declaration is considered not submitted and declarant does not have the state guarantees and exemptions from liability provided by this Sub-section.

Herewith, according to Paragraph 6 Sub-section 94 Section XX of the TCU, a declarant who intends to use the one-time (special) voluntary declaration of individual’s assets belonging to him / her, during period of the 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.

As follows, in case of non-payment or incomplete payment of the levy amount, as a result of which the Declaration was recognized as not submitted, the declarant can re-submit such Declaration, as Sub-section 94 Section XX “Transitional Provisions” of the TCU does not contain restrictions on the re-submission of reporting Declaration.