Legal regime of control over the administration of income of individuals resident in Ukraine, received outside Ukraine (currency and banking)

Keywords: tax administration, automatic exchange of information according to the CRS standard, tax resident, automatic exchange of tax information, currency transactions, legal regime of personal income taxation, e-declaration in Ukraine

Abstract

The article considers the issues of a comprehensive legal approach to the provision, receipt, use of tax information on individuals
of tax residents of Ukraine, the powers and opportunities in this matter of banking institutions, customs and tax authorities. Defined
and analyzed procedures are in force in Ukraine and the Hellenic Republic today, the legal possibilities of obtaining tax information,
the possibility of establishing and determining the legal status of a tax resident in accordance with the laws of both countries.
As a result of consideration of these issues, a conclusion was made about the need and relevance of a comprehensive legal
approach to the automatic exchange of tax information, in the case of Ukraine ensuring the adoption of legislation not only in the tax
sphere, but also in the confidentiality of personal data, currency legislation, in general, change the powers and status of the banking
institution and its representatives who work with tax non-residents, or have legal ties with tax residents of other countries.
A legal analysis of the possibilities of implementing international tax experience in this regard to Ukrainian legislation, and an
analysis of European norms, on the example of the Hellenic Republic. Possible ways to build a system for exchanging tax information
are identified. The implementation of the rules on multilateral automatic exchange of information according to the CRS standard in
Ukrainian legislation makes it possible to obtain tax information on individuals resident in Ukraine who have accounts, circulation
outside Ukraine, opportunities for additional income of Ukraine and local communities.
Implementation of CRS standards should be carried out comprehensively within the integrated legal regime of various branches
of law, in our case it is financial law (public branch of law), banking law (private branch of law), in part responsibility – administrative,
criminal, currency law (public branch of law). But a comprehensive approach to implementation will allow you to work effectively with
the receipt, processing and effectiveness of tax information.

Published
2020-11-10
How to Cite
Kosse, D. (2020). Legal regime of control over the administration of income of individuals resident in Ukraine, received outside Ukraine (currency and banking). Law Review of Kyiv University of Law, 1(3), 100-109. Retrieved from https://chasprava.com.ua/index.php/journal/article/view/481
Section
State governing and administrative law issues. Financial law. Information law