The objects of one-time (special) voluntary declaration may be defined in subitems 14.1.280 and 14.1.281 of item 14.1 of Art. 14 of the Tax Code of Ukraine (hereinafter – the Tax Code) assets of a natural person belonging to the declarant on the right of ownership (including the right of joint shared or joint ownership) and are (registered, in circulation, registered, etc.) on the territory Ukraine and/or abroad as of the date of submission of a one-time (special) voluntary declaration (hereinafter – the Declaration), including securities and/or financial instruments specified by law. How to confirm their purchase – below.
Algorithm of actions
According to subitem 7.2 of item 7 of section 9 of note 4 of chapter XX “Transitional Provisions” of the Tax Code stipulates that for the objects of declaration defined in paragraph “e” of item 4 section 9 of note 4 of chapter XX “Transitional Provisions” of the Tax Code, the basis for calculating the fee for one-time (special) voluntary declaration is defined as:
- purchase price or exchange value, valid as of the date of submission of the Declaration, of corporate rights (shares) admitted to exchange trading;
- costs of purchase (acquisition) by the declarant of securities and other financial instruments not admitted to exchange trading, and shares (units) in the property of legal entities or in entities without status of legal person, other corporate rights or the nominal value of such assets specified in relevant documents.
The declarant may attach to the Declaration the relevant documents or duly certified copies thereof, confirming the value of the objects of declaration, which are (registered) on the territory of Ukraine.
The declarant is obliged to document the value of the objects of declaration by attaching to the Declaration duly certified copies of documents confirming the value of the objects of declaration, if such objects are (registered) outside Ukraine.
Confirming documents
According to para. 11 Art. 1 of Law of Ukraine “On Accounting and Financial Reporting in Ukraine” No. 996-XIV of July 16, 1999 (hereinafter – Law no. 996) primary document is a document containing information about a business transaction.
The list of mandatory details that must have primary documents is defined in Part 2 of Art. 9 of Law No. 996.
Documentary confirmation (primary document) of income and expenses on transactions with investment assets concluded in electronic form on the stock exchange for clients – participants of the stock exchange, is the report of a securities trader (broker), which is formed on the basis of stock exchange report and brokerage agreement item (subitem 170.2.2 item 170.2 article 170 of the Tax Code).
The Declaration form and the Procedure for Submitting a One-Time (Special) Voluntary Declaration were approved by Order of the Ministry of Finance of Ukraine No. 439 of August 2, 2021.
When filling in the chapter IX “Securities or financial instruments” the Declarations of the cost of purchase (acquisition) of securities or financial instruments are determined on the basis of relevant confirming documents, which may be: reports of the securities trader (broker); custodian statements for each order, certified by custodian seals; settlement documents (payment orders, cash orders, etc.), as well as other primary accounting documents.
