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What is the accrual basis of levy for the one-time (special) voluntary declaration for objects of valuable movable property, in particular, objects of art, antiques and jewelry?

, published 22 February 2023 at 12:14

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 of assets located on the territory of Ukraine and / or abroad, determined in Paragraph 3 Sub-section 94 Section XX of the Code, if such individual’s assets were received (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 legislative requirements on taxation and / or international agreements, 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, control over compliance with which is entrusted to the controlling bodies during any of the tax periods that occurred before 01.01.2021.

Sub-paragraph “c” Paragraph 4 Sub-section 94 Section XX “Transitional Provisions” of the Code  stipulates that objects of the one-time (special) voluntary declaration may be determined in Sub-paragraphs14.1.280 and 14.1.281 Paragraph 14.1 Article 14 of the Code individual’s assets belonging to declarant on the ownership right (including the joint partial right or common joint ownership right) and are (accounted, in turnover, registered, etc.) on the territory of Ukraine and / or abroad as of the date of submission of the one-time (special) voluntary declaration, particularly movable property, including other valuable movable property, art, antiques and jewelry.

Sub-paragraph 7.2 Paragraph 7 Sub-section 94 Section XX of the Code stipulates that for declaration objects defined in Sub-paragraphs “b” – “g” of Paragraph 4 Sub-section 94 Section XX “Transitional provisions” of the Code, the determination basis for accrual of  levy for the one-time (special) voluntary declaration particularly is but not exclusively:

declarant’s expenditures for the purchase (acquisition) of declaration object;

cost determined on the basis of property rights and property evaluation, financial instruments and other assets. Evaluation of declaration object is carried out in compliance with laws of a country where such asset is located.

Cost of assets, determined in foreign currency, is reflected in the one-time (special) voluntary declaration in UAH at the official exchange rate of national currency set by the National Bank of Ukraine as of the date of submission of a one-time (special) voluntary declaration.

Therefore, accrual basis of levy for the one-time (special) voluntary declaration for objects of valuable movable property, in particular, objects of art, antiques and jewelry, is the acquiring cost of the specified assets or their estimated cost, i.e. basis is determined by the payer independently.