Which normative document approves procedure for opening, closing and crediting funds to a special account for purposes of the one-time (special) voluntary declaration?

Press service of the State Tax Service of Ukraine, published 26 December 2021 at 11:39 Chapter: News

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 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 (hereinafter – Declaration).

After submission of Declaration, taking into account provisions of the First clause of Paragraph 9 Sub-section 9⁴ Section XX “Transitional Provisions” of the TCU and during a period of the one-time (special) voluntary declaration, the declarant may once place additional funds in national and / or foreign currencies in cash and / or bank metals on a special account and in this case must submit a clarifying one-time (special) voluntary declaration according to Sub-section 9⁴ Section XX “Transitional Provisions” of the TCU.

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. Procedure for opening, closing, crediting funds to special account and exercising control over operations on an account is established by the National Bank of Ukraine.

Bank provides placement of funds in cash and / or bank metals for purposes of the one-time (special) voluntary declaration on a special account after proper verification of declarant according to legislation in preventing and combating money laundering, terrorist financing and financing the 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).

Regulation № 83 entered into force on 01.09.2021 and is valid until 01.09.2022 (Paragraph 4 of Resolution № 83).

Regulation № 83 regulates procedure for opening, crediting cash in national and foreign currencies, bank metals and closing current accounts of Ukrainian banks with a special regime of use for individuals, including self-employed individuals who have right to use the one-time (special) voluntary declaration (Paragraph 2 of Regulation № 83).

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