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What are the legal consequences of non-submission of the one-time (special) declaration by those persons who have right to do so?

, published 29 November 2021 at 17:05

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 the one-time (special) declaration is voluntary.

However, if a person entitled to the one-time (special) declaration does not use it (ie does not submit the declaration), such person will be considered as having notified the supervisory authority that as of 31.08.2022 (end date of a period one-time (special) voluntary declaration):

- property of such person does not contain assets received (acquired) at the expense of income from which taxes and levies have not been paid or not in full amount according to tax legislation at the time of accrual (receipt) of such income, and / or

- that composition and volume of such assets (ie assets received (acquired) at the expense of income from which taxes and levies have not been paid or not in full amount according to tax legislation at the time of accrual (receipt) of such income) owned such person is within the limits specified in Paragraph 10 Sub-section 94 Section XX “Transitional provisions" of the TCU.

Paragraph 10 Sub-section 94 Section XX “Transitional provisions" of the TCU determines composition and volume of assets, sources of receipt (acquisition) of which in case of person’s non-use of a right to submit the Declaration are considered to be those from which taxes and levies are fully paid according to tax legislation.