Thresholds of criminal liability under Article 212 of the Criminal Code of Ukraine in 2021
Year in year out, traditionally, the Law of Ukraine “On the State Budget for 2021” dated December 15, 2020 No. 1082-IX has increased the subsistence minimum for able-bodied person for 2021, which is equal to UAH 2 270 from January 1, 2021.
It is well-known that this index is crucial for determining the thresholds of criminal liability for tax evasion under Article 212 of the Criminal Code of Ukraine.
In particular, tax evasion in significant, large and especially large amounts is determined in case of non-receipt to the state budget of taxes in the amount exceeding the tax-free minimum income of citizens respectively in 3000 and more, 5000 and more, 7000 and more times, as set out in the Note to Article 212 of the Criminal Code of Ukraine.
According to para. 5 of subsection 1 of Section XX and subpara. 169.1.1 of the Tax Code of Ukraine, the tax-free minimum income of citizens is equal to 50% of the subsistence minimum for able-bodied person. Thus, in 2021 the tax-free minimum income of citizens constitutes UAH 1 135 (50% of UAH 2 270).
Thereby, the qualification of the offence under Article 212 of the Criminal Code of Ukraine in 2021 will be conducted under the following thresholds (for the sake of convenience, it is provided in comparison with the respective thresholds in previous years):
As one can see, in 2021 the minimum threshold of criminal liability under Article 212 of the Criminal Code of Ukraine is UAH 3 405 000.
We would like to remind that qualification is conducted under thresholds, which were valid in the year of the offense committed. For more details please find 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.
Footnotes:
1Entry into force of the Law of Ukraine No. 101-IX of September 18, 2019 “On Amendments to the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine to reduce pressure on business”.
Kind regards,
SIMILAR POSTS
The “false bottom” of the Draft Law on communication between business and tax authorities No. 9662
986
It didn’t go well: “Amendments of Lozovyi” were partially canceled
1415
An attempt to cancel “amendments of Lozovyi”– business, stand by!
1573
Terms of pre-trial investigation in wartime: has the Law No. 3341-IX dotted the i’s and crossed the t’s?
36010
Terms of pre-trial investigation [in ALL criminal proceedings, where no one was notified of suspicion], are terminated until the end of martial law. But what if to get a new angle on?
5530
Criminal proceedings regarding tax evasion: what has changed during the work of the Bureau of Economic Security of Ukraine?
8779
“Let’s go!”: The Bureau of Economic Security of Ukraine has started its activity
2659
Tax police performance before liquidation.
Statistics of criminal proceedings regarding tax evasion for the first half of 2021
1812
Statistics of criminal proceedings for tax evasion for the first quarter of 2021
2884
No guilt illusion while closing criminal proceedings due to expiration of limitation periods
26745
Statistics of criminal proceedings on taxes for 2020: Goodbye, the tax police! Hello, the Bureau of Economic Security of Ukraine!
3853
Statistics of criminal proceedings under Art. 212 of the Criminal Code of Ukraine for three quarters of 2020
4333
