Can an individual declare assets, ownership of which was acquired before the end of one-time (special) voluntary declaration campaign but after 01.01.2021, at the expense of funds from which taxes were not paid or not in full amount as of 01.01.2021?
Paragraph 1 Sub-section 94 Section XX “Transitional provisions” of the Tax Code of Ukraine № 2755-VI as of 02.12.2010 with changes and amendments (hereinafter – TCU) stipulates that the one-time (special) voluntary declaration is a special procedure for voluntary individual’s declaration of assets 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.
As follows, the one-time (special) voluntary declaration concerns assets belonging to individual, which were received (acquired) by such individual at the expense of income from which taxes and levies were not paid or not in full amount according to the requirements of tax legislation , during any of tax periods that occurred before 01.01.2021.
Given above specified, as the condition “until 01.01.2021”, defined in Paragraph 1 Sub-section 94 Section XX “Transitional Provisions” of the TCU, applies only to income from which taxes were not paid or not in full amount according to requirements of tax law, an individual who acquired any asset after 01.01.2021 at the expense of specified income may use one-time (special) voluntary declaration subject to compliance with other requirements determined in Sub-section 94 Section XX “Transitional Provisions” of the TCU.