How to open special bank account for the one-time (special) voluntary declaration?
Paragraph 9 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 for purposes of the one-time (special) voluntary declaration, the declarant must place funds in national and foreign currencies in cash and / or bank metals on current accounts with a special regime of use in Ukrainian banks (hereinafter – special accounts) before submitting the one-time (special) voluntary declaration.
Declarant in order to ensure compliance with provisions of Paragraph 9 Sub-section 94 Section XX “Transitional Provisions” of the TCU applies to the bank to open special account.
Bank provides placement of funds in cash and / or bank metals for purposes of the one-time (special) voluntary declaration on the special account after proper verification of declarant according to legislation in preventing and combating money laundering, terrorist financing and financing proliferation of weapons of mass destruction (hereinafter – legislation in financial monitoring sphere).
Bank takes measures to establish sources of origin of these assets in cases provided by legislation in financial monitoring sphere, after crediting them to declarant’s special account.
Resolution of Board of the National Bank of Ukraine as of 05.08.2021 № 83, which entered into force on 01.09.2021 and is valid until 01.09.2022, approved Regulation on opening and maintaining current accounts with a special regime of use in national and foreign currencies, bank metals for purposes of the one-time (special) voluntary declaration (hereinafter – Regulation № 83).
Paragraph 7 of Regulation № 83 stipulates that bank opens declarant’s special account according to requirements of Instruction on the procedure for opening and closing bank accounts and correspondent accounts of resident and non-resident banks, approved by the Board of the National Bank of Ukraine on 12.11.2003 № 492 (as amended by Resolution of Board of the National Bank of Ukraine as of 01.04.2019 № 56) with changes (hereinafter – Instruction № 492) in manner prescribed in Paragraph 62 Section V for individuals and with mandatory compliance with requirements of Paragraph 16 of Section I Instruction № 492.
Declarant, in addition to documents for opening special account, submits a questionnaire (Annex 1 to Regulation № 83) and application (Annex 2 to Regulation № 83).
It should be noted that the questionnaire provides for filling in, in particular, Paragraph 14 according to which the declarant reports on the sources of origin (receipt, acquisition) of declared assets, including:
1) assets received from business activities, independent professional activity;
2) assets received in the form of non-taxable income;
3) assets received as a gift;
4) other sources of origin (receipt, acquisition) of declared assets (specify which ones).
At the same time, signing application, the declarant informs that the declaration object does not belong to:
1. Individual’s assets received (acquired) by the declarant as a result of an act containing signs of a criminal offense, except for criminal offenses or other violations of the law related to:
1) evasion of taxes, levies (mandatory payments);
2) evasion of payment of the single contribution to obligatory state social insurance and insurance contributions to the obligatory state pension insurance;
3) violations in currency legislation;
4) violations in protection of economic competition in the part of violation provided for in Paragraph 12 Article 50 as of 11.01.2001 № 2210-III “On protection of economic competition” with changes and amendments.
2. Individual’s assets belonging to the declarant, in respect of which a pre-trial investigation or court proceedings were initiated in respect of such assets on the grounds of criminal offenses under Article 212, 2121, as well as Article 366 (regarding documents of tax and / or financial reporting, customs declarations, tax invoices, primary documents, other reporting on taxes, levies (mandatory payments), Article 367 (if criminal offense is related to violation of tax, customs, currency and other legislation, control over compliance with which is entrusted to regulatory authorities) of the Criminal Code of Ukraine as of 05.04.2001 № 2341-III with changes and amendments (hereinafter – Criminal Code).
3. Assets of individual or legal entity belonging to the declarant, in respect of which legal proceedings were initiated in the commission of any of criminal offenses provided for in Article 209, 25855 and 306, in Parts 1 and 2 of Article 3683, in Parts 1 and 2 of Article 3684, in Articles 368 and 3685, 369 and 3692 of the Criminal Code and / or subject to charge as unreasonable in manner prescribed by Chapter 12 Section III as of 18.03.2004 № 1618-IV with changes and amendments.
4. Declarant’s assets with sources of origin from the territory of a country recognized as an aggressor state according to the law.
Bank accepts cash in national and foreign currencies from the declarant, as well as bank metals with physical delivery for crediting to the declarant’s special accounts through the cash desk basing on the application for cash transfer; herewith, it is necessary to indicate “voluntary declaration” (Paragraph 9 Regulation № 83) in requisite “Purpose of payment / content of transaction” of the cash transfer application.
More information is in the “Knowledge Base” of public information and reference resource
