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Thresholds of criminal liability under Art. 212 of the Criminal Code of Ukraine starting from January 01, 2018

17 January, 2018 Newsletters

The Law of Ukraine “On the State Budget for the year 2018” No. 2246-VIII as of December 7, 2017 has traditionally increased the living wage for an employable person, which is equal to UAH 1762 starting from January 1, 2018.

This indicator is crucial for thresholds of criminal liability for tax evasion under Article 212 of the Criminal Code of Ukraine (hereinafter – “the CC of Ukraine”).

In particular, (a) significant, (b) large and (c) especially large tax evasion is determined in case of non-receipt of taxes to the state budget in amount that exceeds in (a) 1000 and >, (b) 3000 and > (c) 5000 and > times the tax-free minimum income respectively (note to Article 212 of the CC of Ukraine). Therefore, in accordance with para. 5 of Subsection 1 of Section XX and subpara. 169.1.1 of the Tax Code of Ukraine, the tax-free minimum income is equal to 50% of the living wage for an employable person.

Thus, the tax-free minimum income in 2018for these purposes is equal to UAH 881 (50 % of UAH 1762).

Thus, the qualification under Article 212 of the Criminal Code of Ukraine in 2018 will be carried out according to the following thresholds (for convenience, provided in comparison with the respective thresholds in previous years):

UAH 2013 2014 2015 2016 2017  2018
The living wage for an employable person (determined by the Law of Ukraine “On the State Budget of Ukraine”) 1 147 1 218 1 218 1378 1 600 1762
The social tax exemption (50 % of the living wage for an employable person) 573,5

50%*1 147

609

50%*1 218

609

50%*1 218

689

50%*1 378

800

50%*1 600

881

50%*1 762

Qualification under part 1 of Art. 212 of the CC of Ukraine (1000*amount of the social tax exemption) 573 500

1000*573,5

609 000

1000*609

609 000

1000*609

689 000

1000*689

800 000

1000*800

881 000

1000*881

Qualification under part 2 of Art. 212 of the CC of Ukraine (3000*amount of the social tax exemption) 1 720 000

3000*573,5

1 827 000

3000*609

1 827 000

3000*609

2 067 000

3000*689

2 400 000

3000*800

2 643000

3000*881

Qualification under part 3 of Art. 212 of the CC of Ukraine (5000*amount of the social tax exemption) 2 867 500

5000*573,5

3 045 000

5000*609

3 045 000

5000*609

3 445 000

5000*689

4 000 000

5000*800

4 405000

5000*881

We would like to remind that qualification is carried out according to those thresholds in force in the year of commission of an offense. More details on this can be found in our Newsletter ″Criminal liability for tax evasion (Art. 212 of Ukrainian Criminal Code) – marginal amounts underpaid which may give rise to criminal liability as well as some other issues of importance″.

The above commentary presents the general statement for information purposes only and as such may not be practically used in specific cases without professional advice.

Kind regards,

© WTS Consulting LLC, 2018

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