Legal Support For Automatic Exchange Of Tax Information According To The CRS Standard For Tax Residents Of Ukraine

  • D.D. Kosse
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 deals with the issues of legal support and an integrated legal approach to the analysis and research of issues of provision, receipt, use of tax information in relation to individuals at the interstate level. The legal grounds for the current procedures for the exchange of tax information in Ukraine and the Hellenic Republic, the existing legal possibilities for obtaining tax information on possible tax residents of the respective countries have been determined.

The author analyzes the powers of banks and other financial structures to obtain tax information, the legal responsibility of taxpayers, lists of financial structures that must take part in the receipt and transmission of such information are determined.

An analysis of the implementation of the Multilateral Convention on Cooperation between Competent Bodies on the Automatic Exchange of Information According to the CRS (Common Reporting Standard) standard in Ukraine and Greece shows the need for legal mechanisms and legislative actions in Ukraine to launch multilateral automatic exchange of tax information on CRS standard. Specific complexes of legal actions for the implementation of multilateral automatic exchange of tax information according to the CRS standard in Ukraine are proposed.

The proposed implementations of automatic exchange of tax information will allow the regulatory authorities to fully implement the policy of objective and transparent administration of taxes from income received outside Ukraine by tax residents of Ukraine. In fact, when such an exchange functions, the regulatory authorities will have the same information as inside the country and use it for the correct administration of taxes. This approach will help implement the principles of fairness in the payment of taxes.

The effectiveness of such an exchange of tax information is confirmed by the results of the implementation in Ukraine of the FATCA (Foreign Account Tax Compliance Act) on tax reporting on foreign accounts, which was adopted to combat tax evasion by US residents and is already in force in Ukraine for tax residents of Ukraine in USA and US tax residents in Ukraine.

Published
2020-11-30