Date: 9 months ago   Category: taxes

Bills of tax amnesty demand completion - lawyers


In case of modification they can become the instrument of painless legalization of assets, experts consider. The mechanism offered by bills of nagolovy amnesty can appear very rabotosposobnympr introduction of the corresponding adjustments. Experts legal kompaniiprove Group have come to such conclusion, having analysed the package of bills No. 3661-3663 brought on December 17 in parliament. The mentioned bills provide giving by natural persons of "zero" declarations of rather earlier not declared income, property and property rights acquired to the introduction of the law in force irrespective of the volume of the violations of the tax and currency law allowed at acquisition. And "the tax for declaring" at the rate from 1 to 5 percent from taxation project cost is raised from the corresponding declared objects (the cost has to be specified in a hryvnia equivalent). These projects suggest to establish a year during which objects have to be declared, a tax - is calculated and during biennial term is paid to the general fund of the state budget. No other taxes concerning the declared objects are accrued and not collected and also aren't subject to application of penal (financial) sanctions. The submitted declaration can be modified and submitted anew within an established period of declaring. For the objects which are in joint property, protective mechanisms of "amnesty" will be used only to that from co-owners who have submitted the declaration. "The main bill No. 3661 provides that "amnesty" concerns only directly provided types of violations. It is remarkable that the validity of transactions as a result of which the property has been acquired isn't affected by the law – to be exact, it is provided that submission of the declaration doesn't mean recognition of legitimacy of possession of the declared objects. Therefore, the customs applicant can, having paid "a tax for declaring", to appear before the fact of the appeal and cancellation of the transaction on an initiative of interested persons. At the same time, authors of the project frankly illogically suggest not to bring customs applicants to any to "legal responsibility"", - the senior lawyer of YuK Prove Group Yaroslav Abramov comments. In this context lawyers advise to consider the possible legal consequences which are going beyond tax legal relationship and or to make corresponding changes to the project, or to add the text with changes in the relevant profile normative legal acts. "Amnesty, strangely enough, covers, besides logical violations – concealments of income and evasion of taxes and collecting, and cases of illegal commission of currency transactions (for example, foreign exchange operations, opening of accounts abroad). It is important to note that authors of the bill suggest to cancel "on the quiet" in general individual licenses for investment abroad and investment of funds on accounts abroad", - the lawyer has added. According to him, it can entail as emergence of objections, for example, at

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