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THE NECESSITY OF CITIZEN TO PROVIDE INCOME TAX RETURN ON PROPERTY STATUS AND INCOME

Kaydan Dmitry T.

Lawyer Law Firm «B&C»

In accordance with Article 67 of the Constitution, all citizens are required to submit annually to the tax authorities at the place of residence a declaration on their property status and income for the previous year in accordance with the procedure established by the Tax Code of Ukraine (hereinafter - Code).

As indicated by the Code - tax declaration - a document that is served by the taxpayer to the supervisory authority in the terms established by law, on the basis of which the accrual and / or payment of tax liability, or a document indicating the amount of income accrued (paid) in favor of taxpayers - individuals, the amount withholding and / or tax paid.

Article 179.1. Code is obliged taxpayer to submit an annual declaration of property assets and income (tax statement) according to this Code.

In this case, the objects of taxation of a resident natural person are:

The tax base is the total (annual) taxable income equal to the sum total of monthly taxable income, foreign income received during this tax year, income derived by an individual - entrepreneur on the economic activities and the income derived by an individual exercising independent professional activity.

That is, the presentation of the annual income tax return on the property and income of a natural person is required, by virtue of regulations norms of the Constitution of Ukraine and norms of the tax legislation of Ukraine.

However, like to draw your attention to the fact that, according to the norms of the Tax Code, tax declaration is not applied if a taxpayer has received the following types of income:

Furthermore, with the January 1, 2016, introduced a new form of the declaration of property status and income, approved by the Ministry of Finance of Ukraine of October 2, 2015, to number 859 and registered in the Ministry of Justice of Ukraine on October 26, 2015, for № 1298/27743.

In this form of the tax declaration reporting consolidated tax on personal income, and military charge. With this in mind, the results of 2015 individuals who received income, not from the tax agent (in particular from other individuals) and foreign income tax liabilities are determined on the income tax individuals and military charge in the same tax reporting. In this representation of any additional reporting is not expected.

Applications are filled only when the income is received, providing a special calculation of taxable income at:

The tax declaration shall be submitted to the supervisory authority in one of the following ways chosen by the taxpayer:

-Personally payer or an authorized person;

-Sent by mail with return receipt and list of contents;

-By means of electronic communications in electronic form in compliance with the conditions of registration of an electronic signature in the manner prescribed by law.

This mailing should be implemented no later than ten days before the deadline for submission of the declaration, and the presentation in electronic form - no later than the end of the last hour of the day, which takes place this deadline.

The failing to submit or late submission of income declarations by citizens or the inclusion of false information in the declaration, accounting ignorance or improper conduct of the account of incomes and expenses for which the laws of Ukraine set a mandatory form of accounting, administrative responsibility in the form of a warning or a fine of three up to eight non-taxable minimum incomes of citizens.

If a person after applying to it an administrative penalty, repeatedly within a year commit such actions, then it shall be imposed a fine ranging from five to eight non-taxable minimum incomes of citizens.

Summing up the above, we inform you that in accordance with the current legislation of Ukraine, every citizen should be within the prescribed legislation period to file a tax declaration on property status and income (except in cases established by the Code, which is listed above)

Also, draw attention to that in accordance with the content of sub-paragraph 1 paragraph 3 of the Final Provisions of the Law of Ukraine «On Amendments to the Tax Code of Ukraine and Certain Legislative Acts of Ukraine on tax reform» from 12/28/2014 number 71 VIII. (Hereinafter - the Law № 71-VIII), in the 2015 and 2016 inspections of enterprises, institutions and organizations, individuals - entrepreneurs with the volume of income to 20000000 hryvnias for the previous calendar year, the supervisory authorities are carried out exclusively:

-  with the approval of the Cabinet of Ministers of Ukraine;

-  for the enterprise application for its verification,

-  according to a court decision or in accordance with the requirements of the Criminal Procedure Code of Ukraine.

Contacts

Director

Garahonych Oleksandr

o.harahonych@gmail.com 

(044) 581 79 56 

(050) 550 42 26 

(044) 581 79 56 - fax 

Executive Director

Kuzhukh Maksym 

mskozhuh@gmail.com 

(044) 581 79 56 

(050) 352 86 62 

(044) 581 79 56 - fax 

04211, Kyiv, Obolonska naberezhna, 7, Building 3, Оffice 2

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