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“The team was recently visible advising on a number of pharmaceutical cases. Sources agree that the team is “moving in the right direction” and are particularly impressed by its work in the pharmaceutical sector”.


(Українська) Податок на нерухомість: хто крайній?


By Viktoria Vatamaniuk, Attorney at Law, Ilyashev & Partners Law Firm
Source: Ekonomichna Pravda

Tax authorities are actively preparing to administer real property tax.

Although the imposition of this new tax is criticized by many professionals as being socially unfair and economically ineffective, it is obvious that it has to be put up with.

Though real property tax has already become a law, there is much reason to believe that its practical implementation will cause a lot of trouble and confusion for taxpayers.

So, for example, the amount of real property tax is determined by July 1 of each year based on the data found in the Register of Ownership to Real Property and obtained from the Registrar at no cost for requesting tax authority.

For natural persons who own the property, payments are due 60 days from the date of notice demanding payment of tax.

In must be noted that the Register of Ownership to Real Property which, like the new tax, has been in place since January 1, 2013, remains virtually blank as the law provides that property can only be put on the Register following an application by the owner.

However, there’s no statutory requirement for owners to file such applications. Accordingly, the Internal Revenue is unable to determine a taxable amount and to levy the tax.

Quite possibly, though, is that the existing parameters of the residential home may be different even where the information on the property appears on the Register.

Accordingly, any adjustment of tax by tax authorities will become an extra burden for taxpayers who will have to visit the tax office in person and show the findings of technical inventory for their homes.

Another source of trouble can be the service of tax notifications. The law has no particular deadline when tax liability shall be deemed accepted by the taxpayer if he didn’t receive the notice.

It also remains unclear whether a taxpayer can be liable to a default penalty if he didn’t receive the notice.

Apparently, these issues are not exhaustive and more problems are yet to be discovered as the tax gets practical implementation.

We shall hope that the Internal Revenue Service will promptly respond to any emerging issues by publishing relevant explanations and that taxpayers will not get the short end of the stick.

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