Прямий етер «Що податкова знає про вас у 2026: резидентство, крипта, рахунки»

Introduction and Technical Setup

Initial Engagement

• Participants are asked to confirm visibility and audio by sending positive feedback in the chat.

• A presentation is shared for visual support during the discussion.

Purpose of the Meeting

Overview of Tax Risks

• The session aims to highlight hidden tax risks for individuals living or having assets in multiple countries, particularly focusing on foreign income.

• Real-life examples will be discussed to illustrate common pitfalls that lead to financial liabilities.

Case Studies and Practical Tools

Learning from Examples

• Three anonymized case studies will demonstrate potential risks and preventive measures regarding tax obligations.

• A checklist will be provided as a practical tool for participants to assess their own tax risks independently.

Presenters' Background

Expertise Introduction

• Oksana Kuznechikova introduces herself as an experienced lawyer with 27 years in practice, co-founder of BEBspace and BEBS Education.

• Alexandra Nikitina also introduces herself, highlighting her specialization in CRS issues, digital economy, asset protection, and estate planning with 24 years of experience.

Common Tax Issues Faced by Ukrainians

Shared Challenges

• Many Ukrainians face unique individual circumstances but share common risks related to taxation across borders.

• Typical mistakes arise from insufficient understanding or lack of systematic management of personal and business tax matters.

Importance of Residency Status

Misconceptions about Residency

• A common error is assuming residency is solely determined by physical presence (183 days rule), which oversimplifies the issue.

• Understanding residency involves more complex criteria beyond just duration spent in a country; it includes various factors affecting one's status.

Automatic Exchange of Information (CRS)

Awareness of CRS Implications

• Many individuals are unaware that automatic information exchange under CRS applies not only to bank accounts but also extends to brokerage accounts and cryptocurrencies.

Filing Obligations Across Countries

Declaration Requirements

• Individuals must file tax declarations in both countries if they have income sources there; failing this can lead to significant penalties despite paying taxes in one country only.

New Reporting Rules

Additional Compliance Requirements

• As of 2026, new reporting rules require additional disclosures beyond standard declarations for Ukrainian citizens who may still be considered residents.

Documentation Necessities

Proof of Residency

• Having proper documentation confirming actual residence is crucial for establishing tax residency status which directly impacts tax consequences.

Inheritance Issues

Growing Relevance

• Inheritance matters have become increasingly relevant due to current uncertainties faced by many Ukrainians either residing abroad or with family remaining in Ukraine.

Temporary Residence Considerations

Misunderstandings About Temporary Status

• Many believe temporary residence does not affect their long-term obligations; however, prolonged stays can complicate their residency status significantly.

Employment Income Complexity

Taxation on Employment Income

• Tax authorities consider various factors such as employment contracts when determining taxation based on residency status.

Determining Residency Status

Steps for Clarity

• It’s essential first to establish one’s residency status before addressing any cross-border income issues involving multiple jurisdictions.

Comprehensive Planning Approach

Evaluating Life Interests

• Assessing where an individual's life interests lie helps clarify which country's laws apply concerning taxation.

Active vs Passive Income Risks

Different Tax Treatments

• Distinguishing between active income (like salaries) versus passive income (like dividends or rental income) is vital since they incur different tax implications across jurisdictions.

Personal Tax Map Creation

Essential Components

• Creating a personal tax map should include five key areas: residency determination, types of income earned, asset management considerations, transparency levels regarding taxes, and strategies for asset protection.

Case Study: Entrepreneur Living Abroad

Dual Income Sources Issue

• An entrepreneur living in Poland while earning from both Polish company dividends and Ukrainian services faces complexities due to differing national regulations on declaring incomes received from each source.

Consequences of Non-compliance

Information Exchange Between Countries

• Failure to declare foreign earnings can result in inquiries from local authorities once discrepancies are identified through international information sharing protocols like CRS.

Importance of Knowledge

Ignorance Is Not an Excuse

• Lack of awareness regarding international taxation rules does not exempt individuals from compliance responsibilities under existing laws.

Correctly Establishing Residency

Necessary Actions

• To avoid complications with taxes owed or penalties incurred due diligence must be exercised when determining one’s correct resident status based upon all applicable criteria outlined within respective jurisdictions’ regulations.

Conclusion

This structured summary provides insights into critical discussions surrounding international taxation challenges faced by individuals operating across borders while emphasizing the importance placed upon understanding legal obligations associated with varying forms/types/levels thereof throughout diverse contexts encountered therein!

Risks of Inheritance Without Planning

Overview of the Case

• The scenario involves a property owner in Montenegro with assets across multiple jurisdictions, including Poland and Ukraine, who lacks a will. This situation highlights the complexities and risks associated with inheritance without proper planning.

Family Dynamics

• The owner has two children: one living in Spain (vulnerable due to alcoholism) and another in Cyprus (not interested in business). Their differing capabilities raise concerns about asset management post-inheritance.

Legal Implications

• Without a will, inheritance follows legal statutes which vary by jurisdiction. Each country involved (Montenegro, Poland, Spain, Ukraine) has its own rules regarding mandatory shares for heirs. This complicates the distribution process significantly.

Taxation Challenges

Inheritance Tax in Spain

• The daughter residing in Spain faces an inheritance tax that can exceed 40%, regardless of where the inherited assets are located. She must have resources available to pay this tax before accessing her inheritance.

Access to Funds

• Access to funds from Polish deposits and cryptocurrency will be blocked until all international inheritance procedures are completed, potentially leading to significant delays and complications for heirs.

Cryptocurrency Issues

Loss of Digital Assets

• The owner's cryptocurrency may be irretrievably lost since only they had access to it; under European regulations ("not your key, not your asset"), if heirs cannot access the wallet or account, they cannot claim ownership of those assets.

Business Continuity Concerns

Impact on Business Operations

• As the sole owner and director of a business in Ukraine, operations would halt until the inheritance process is complete. This could lead to financial losses as salaries go unpaid and client obligations remain unmet during this period.

Importance of Estate Planning

Proactive Measures

• Establishing an estate plan allows individuals to influence how their assets are distributed after death actively. Proper planning can prevent scenarios like those described above by preparing heirs for their responsibilities and ensuring smooth transitions of ownership or management.

Preparing for Inheritance Questions

Checklist for Individuals

• Individuals should consider various questions related to residency status abroad, types of accounts held internationally, engagement with foreign corporate structures, digital assets ownership, and foreign income sources when assessing their estate planning needs. These considerations help identify potential risks associated with cross-border inheritances.

Current Regulatory Landscape

Evolving Tax Regulations

• There is increasing integration among international tax compliance frameworks such as CRS (Common Reporting Standard), FATCA (Foreign Account Tax Compliance Act), and local regulations that enhance transparency around taxpayers' financial activities globally.

Consequences of Non-compliance

Risks Associated with Poor Planning

• Failing to address residency status correctly or submit accurate declarations can lead to severe penalties that outweigh any costs incurred from proactive compliance efforts.

Q&A Session Insights

Addressing Specific Queries

• During the Q&A session following the presentation:

• Questions arose regarding reporting requirements for cryptocurrency earnings in Ukraine; it was clarified that general income reporting rules apply regardless of specific crypto regulations.

• Discussions also covered dual residency issues between Poland and Ukraine concerning local taxation obligations based on individual circumstances.

This structured summary captures essential insights from the transcript while providing clear timestamps for reference within each section's context.

Tax Residency and Income Reporting for Ukrainian Citizens Abroad

Overview of Tax Obligations

• Discussion on the complexities of providing services while being a tax resident in Ukraine, suggesting that it may be simpler to close a business entity in Ukraine and open one in another country like Czechia.

• The status of a German bank's perception of an individual as a tax resident is crucial; if deemed a Ukrainian tax resident, information will be shared with Ukraine under CRS rules.

Information Exchange Between Countries

• Germany joined the automatic exchange of information (CRS) in 2017, while Ukraine started participating in 2023. There are rumors about Germany sharing data with Ukraine this year, but confirmation is lacking due to confidentiality from tax authorities.

Implications for Students Working Abroad

• A Ukrainian student working for an Austrian employer may still be considered a Ukrainian tax resident after two or three years abroad due to their birth and registration in Ukraine.

• To cease being recognized as a Ukrainian tax resident, they must deregister from Ukraine and fulfill immigration procedures.

Criteria for Determining Tax Residency

• Individuals need to sever ties with Ukraine—such as selling property or ending family connections—to argue against their residency status effectively.

• A questionnaire helps assess life circumstances that determine residency status based on various factors including income sources and personal connections.

Understanding International Tax Reporting

U.S. Information Sharing Limitations

• The U.S. does not share information with Ukraine under CRS; however, data can still reach Ukrainian authorities through other channels.

Q&A Sessions for Clarification

• Monthly Q&A sessions are held to address questions regarding international taxation, offering an affordable alternative to individual consultations.

Importance of Understanding Tax Regulations

Need for Systematic Knowledge

• Emphasizes the necessity of understanding current regulations and practices related to international taxation for both personal and professional purposes.

Personal Tax Planning Course Introduction

• Announcement of a course focused on personal tax planning rather than business taxes, starting May 18th. It aims at helping individuals understand their residency status and associated risks.

Course Structure and Content

Modules Breakdown

• The first module covers determining tax residency status and preparing documentation needed by the Ukrainian tax authority.

Addressing Income Types

• Subsequent modules will focus on types of income, taxation methods per country, and double taxation avoidance strategies.

Administrative Responsibilities

Filing Requirements

• Discusses the importance of filing declarations systematically based on one's residency status and potential obligations across multiple countries.

Asset Protection Strategies

Long-term Planning Considerations

• Final module focuses on asset protection strategies such as trusts or foundations aimed at minimizing taxes for heirs while ensuring compliance with legal requirements.

Conclusion: Preparing for Future Compliance

Understanding Your Own Tax Situation

• After completing the course, participants should have clarity on their own tax situations including necessary actions regarding declarations based on their unique circumstances.