Which assets are not subject to accrual and payment of levy for the one-time (special) voluntary declaration?

Paragraph 10 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) stipulates that the composition and volume of assets, sources of receipt (acquisition) of which in case of the individual’s non-use of right to submit the one-time (special) voluntary declaration (hereinafter – the Declaration) are considered to be assets from which taxes and levies are fully paid according to tax legislation, namely:

1) assets (except for those specified in Sub-paragraphs 2 and 3 Paragraph 10 Sub-section 9⁴ Section XX “Transitional provisions” of the TCU) total cost of which does not exceed 400 thousand UAH as of the end of a period of the one-time (special) voluntary declaration (ie, as of 31.08.2022). If a monetary cost of such assets is determined in foreign currency / bank metals, their cost is indicated in UAH at the official exchange rate of national currency to foreign currency set by the National Bank of Ukraine (hereinafter – the  NBU) / accounting price of bank metals calculated by the NBU on the date of declarant’s submission of Declaration;  

2) immovable property located on the territory of Ukraine, which as of the end of a period of the one-time (special) voluntary declaration belonged to individual on the ownership right (including joint common or joint partial ownership), confirmed by the relevant state registers, in the amount of:

a) residential real estate:

apartment / apartments, the total area of which does not exceed a total of 120 square meters or property rights confirmed by relevant documents for such apartment or apartments in an apartment building of unfinished construction;

residential house / residential houses registered according to the established procedure in Ukraine, total area of which does not exceed 240 square meters or a residential house of unfinished construction or houses of unfinished construction, total area of which does not exceed 240 square meters, provided that such individual has the ownership right of a land plot of the corresponding purpose;

b) non-residential real estate objects, namely non-residential non-commercial buildings and / or non-residential buildings of unfinished non-commercial construction, total area of which does not exceed 60 square meters;

c) land plots, total size of which for each separate plot does not exceed a norm of gratuitous transfer defined by Article 121 of the Land Code of Ukraine as of 25.10.2001 № 2768-III with changes and amendments (hereinafter – the LCU).

Article 121 of the LCU stipulates that citizens of Ukraine have a right of free transfer of land plots from state or communal lands in the following amounts:  

- for farming in the amount of a land share (plot), determined for members of agricultural enterprises located on the territory of village, settlement, city council, where the farm is located;

- for personal farming – not more than 2.0 hectares;

- for horticulture – not more than 0.12 hectares;

- for construction and maintenance of residential building, outbuildings and structures (homestead) in villages – not more than 0.25 hectares, in settlements – not more than 0.15 hectares, in cities – not more than 0.10 hectares;

- for individual country house construction – not more than 0,10 hectares;

- for construction of individual garages – not more than 0.01 hectares;

3) one vehicle for the personal non-commercial use (except for a vehicle manufactured to carry 10 people or more, including driver, a car with engine capacity of at least 3 thousand cubic centimeters and / or with average market cost of more than 400 thousand UAH, a motorcycle with engine capacity of more than 800 cubic centimeters, aircraft, helicopter, yacht, boat), the ownership of which was registered according to Ukrainian legislation as of the end of Declaration period.

Regarding the individual’s assets defined in Paragraph 10 Sub-section 9⁴ Section XX “Transitional Provisions” of the TCU, there is no accrual and payment of levy for the one-time (special) voluntary declaration.