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Which individual’s assets are not covered by the state guarantees and tax exemptions?

, published 23 November 2022 at 10:54

Paragraph 1 Sub-section 94 Section XX “Transitional provisions” of the Tax Code of Ukraine (hereinafter –Code) stipulates that the one-time (special) voluntary declaration is a special procedure for voluntary individual’s declaration, defined in Paragraph 3 of this Sub-section, of assets belonging to such individual located on the territory of Ukraine and/or outside its borders, if such individual’s assets were received (purchased) by such individual under account of incomes that were subject to taxation in Ukraine at the time of their accrual (receipt) and from which taxes and levies were not paid or not in full amount according with to requirements of legislation on taxation and/or international treaties binding consent of which was given by the Verkhovna Rada of Ukraine, and/or which were not declared in violation of tax and currency legislation, control over compliance with which is entrusted to controlling authorities during any of tax periods that had place until January 1, 2021.

Paragraph 19 Sub-section 94 Section XX “Transitional provisions” of the Code stipulates that state guarantees and exemptions provided for in Sub-section 94 Section XX of the Code are not applicable to assets acquired as a result of criminal offenses, except for criminal offenses under Articles 212, 212¹ (regarding payment of taxes as individual or individual-entrepreneur), Article 366 (regarding documents of tax and / or financial reporting, customs declarations, tax invoices, primary documents, other reporting on taxes, levies and mandatory payments) and Article 367 (if crime is connected with violation of requirements of the tax, customs, currency and other legislation, control over the observance of which is assigned to controlling authorities) of the Criminal code of Ukraine.

State guarantees and exemptions provided for in this Sub-section 94 Section XX “Transitional provisions” of the Code are also not applicable to:

individual’s assets, acquisition of which contains signs of a criminal offense under Article  3685 of the Criminal code of Ukraine and / or which are subject to charging as unreasonable in order established by Chapter 12 Section III of the Civil Procedural Code of Ukraine;

currency values, claims and funds borrowed from third parties, reflected in the one-time (special) voluntary declaration; in case of establishment by the central executive body implementing the state tax policy that the declarant violated Paragraphs 8 and 9 Subsection 94 Section XX of the Code regarding placement of currency values in banking or other financial institutions, absence of a loan agreement between the declarant and a legal entity and / or notarization of the loan agreement between the declarant and another individual, as well as absence of relevant document confirming the claim right.