Is it obligatory to submit the one-time (special) voluntary declaration with zero values to the controlling body?Chapter: News
According to Paragraph 1 Sub-section 94Section XX “Transitional provisions” of the Tax Code of Ukraine as of 02.12.2010 № 2755-VI with changes and amendments (hereinafter – the TCU), the one-time (special) voluntary declaration is a special procedure for voluntary individual’s declaration of assets (Paragraph 3 Sub-section 94Section. XX “Transitional Provisions” of the TCU) located on the territory of Ukraine and / or abroad, if such individual’s assets were received (acquired) by at the expense of income subject to taxation at the time of their accrual (receipt) in Ukraine and from which taxes and levies were not paid or not in full amount according to legislative requirements on taxation and / or international agreements, the binding nature of which was approved by the Verkhovna Rada of Ukraine and / or which were not declared in violation of tax and currency legislation, the control over which is entrusted to the supervisory authorities during any of the tax periods that occurred before 01.01.2021.
At the same time according to Sub-paragraph 14.1.280 and 14.1.281 Paragraph 14.1 Article 14 of the TCU, objects of the one-time (special) voluntary declaration may be assets of an individual owned by the declarant (including joint partial or joint common ownership right) and are (registered, in circulation, registered, etc.) on the territory of Ukraine and / or abroad as of the date of submission of the one-time (special) voluntary declaration (hereinafter – the Declaration) according to Paragraph 4 Sub-section 94Section XX “Transitional provisions” of the TCU.
In addition, Sub-paragraph 6.1 Paragraph 6 Sub-section 94Section XX “Transitional Provisions” of the Code stipulates that the one-time (special) voluntary declaration is a declaration which reflects, in particular, the following information:
information regarding the declaration objects, defined by Sub-paragraph “a” of Paragraph 4 Sub-section 94Section XX “Transitional Provisions” of the TCU, to the extent sufficient to identify each of them;
information regarding the declaration objects, defined by Sub-paragraphs “b” –“g” of Paragraph 4 Sub-section 94Section XX “Transitional Provisions” of the TCU, indicating information that allows them to be identified;
independently determined by declarant calculation for levy’s basis for one-time (special) voluntary declaration in national currency;
rate and amount of levy for the one-time (special) voluntary declaration.
Given the above specified, the Declaration is submitted by an individual if such declarant has assets that were acquired at the expense of income subject to taxation at the time of their accrual (receipt) in Ukraine and from which taxes and levies were not paid or not in full amount according to requirements of tax legislation. Therefore, in the absence of such assets, an individual is not required to submit the Declaration with zero values.