How the declarant fills in columns 6, 7, 9, 12 in Section V of the one-time (special) voluntary declaration if he/she declares residential real estate objects total area of which exceeds the total of 120 sq.m. for apartment(s)...?
How the declarant fills in columns 6, 7, 9, 12 in Section V of the one-time (special) voluntary declaration if he/she declares residential real estate objects total area of which exceeds the total of 120 sq.m. for apartment(s), 240 sq.m. for residential building(s) and non-residential real estate – non-residential non-commercial buildings and / or non-residential buildings of unfinished non-commercial construction with a total area of more than 60 sq.m.?
Sub-paragraph “b” 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 – TCU) stipulates that objects of the one-time (special) voluntary declaration may be real estate (land, residential and non-residential real estate) owned by declarant on the ownership right (including the joint partial or joint common ownership) and which is located (registered, accounted) on the territory of Ukraine and / or abroad as of the date of submission of one-time (special) voluntary declaration (hereinafter – Declaration).
Paragraph 10 Sub-section 94 Section XX “Transitional Provisions” of the TCU stipulates that the composition and volume of assets, sources of purchase (acquisition) of which in case of individual’s non-use of right to submit the one-time (special) voluntary declaration are considered to be those from which taxes and levies are fully paid according to tax legislation.
Such assets include, but are not limited to, the following:
a) residential real estate:
apartment / apartments total area of which does not exceed a total of 120 square meters or property rights confirmed by relevant documents for such apartment / apartments in an apartment building of unfinished construction;
residential house / houses registered in a prescribed manner 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 under conditions for such individual to have the ownership right for a land plot of the respective purpose;
b) non-residential real estate objects / 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.
As follows, provisions of Paragraph 10 Sub-section 94 Section XX “Transitional Provisions” of the TCU are applied when an individual does not use right to submit the Declaration.
If an individual wishes to submit the Declaration, regardless of the total area of assets or their total value, the declarant fills in necessary sections of Declaration without taking into account provisions of Paragraph 10 Sub-section 94 Section XX “Transitional Provisions” of the TCU.
Accordingly, in the case of declaring residential / non-residential real estate, Section V “Immovable property other than land” of the Declaration must state:
column 6 –total area of asset;
column 7 – size of share belonging to the declarant;
column 9 – total cost of purchase (acquisition) of asset or its estimated value;
column 12 – value of asset (basis for charging levy). In this column, an individual decides on the basis for calculation of levy, namely the basis will be the entire amount of costs incurred in connection with acquisition of asset or only part of them.
