1. General Information
I. Facts and Figures
Official Name of Country: Ukraine
Area: 603 700 km2 (the second place in ______ after Russia)
Capital: Kyiv
Major Cities (Population) : Kyiv (2,6 million), _______ (1,5 million), Dnipropetrovsk (1,1 million), Odessa (1 million), _______ (1 million)
Official Language: Ukrainian
Currency: Hryvnia (UAH) official ________ rate of Hryvnia against _______ currencies [1]
Time Zone: GMT +3
Telephone Code: +380
Country Code Top-‐Level Domain: .ua
Traffic Flow: Right
Electricity Voltage: 220 V, 50 __
II. Population
Population: 45 675 thousand (01.07.2011)
Labor Force (Population): 22 058,2 thousand (01.07.2011)
Median age: 39,9 (2010)
Ethnic groups: Ukrainians (77,8%), Russians (17,3%), Belarusians, Moldovans, Crimean Tatars, __________, Hungarians, Romanians, Poles, Jews, _________, Greeks, Tatars, Azerbaijanis, Romanians, _________, Germans, Gagauz and others
III. Legal Framework
Ukraine is a civil ___ country. The powers of __________ are divided into three ________ -‐ legislative, executive and ________. Laws adopted by the __________ are forwarded to the ____________ him to sign. The ______________ Court of Ukraine is ___ sole organ of constitutional ____________ of Ukraine.
The court system in _______ has three branches:
- The general court system decides on civil disputes ___ criminal cases, including cases _____ by individuals that are ___ private entrepreneurs. The structure ________ of local district courts, ________ courts of appeal and ___ Civil and Criminal Chambers __ the Supreme Court of _______.
- The commercial court system generally resolves business disputes _______ legal entities. It consists __ local commercial courts (one __ each region, plus Kyiv ___ Sevastopol), interregional courts of ______, and the High Commercial
- The administrative court system decides on disputes involving _____ authorities. It consists of ________ administrative courts (one in ____ region, plus Kyiv and __________), interregional courts of appeal, ___ the High Administrative Court. ___ Supreme Court of Ukraine __ the highest court, and ___ the power to review _________ of all three branches __ the court system. As __ alternative to litigation, Ukraine ______ for third party arbitration. _________ law also allows foreign companies to include an arbitration ______ in their contracts, including _____ with Ukrainian entities, which _____ for arbitration by international ___________
The following major pieces __ legislation (in addition to ________ law) affect foreign investment ____ Ukraine:
The Foreign Investment Law sets out in broad _____ Ukraine's policy on inward __________ and the rights and ___________ of foreign investors.
The Civil Code regulates civil relationships, the _____________ of legal entities and ________ property rights.
The Commercial Code was enacted on the ____ day as the Civil ____, and governs business relationships. ___ Commercial Code is intended __ regulate issues that are ___ dealt with in the _____ Code, even though in ________ there is some overlap.
It governs the public ________ and trading of securities _________ Securities and Stock Market.
The Competition Law restricts business monopolies. The ________ of mergers and acquisitions __ Ukraine are likely to _______ pre-‐approval from the Antimonopoly __________.
The Law on Protection from Unfair Competition aims __ protect business entities and _________ from unfair competition.
The Environmental Protection Law establishes a framework for _________ charges to be imposed __ any legal entity that __________ contaminants into the environment.
IV. Regions of Ukraine
Regions of Ukraine differ __ a number of indicators: __________ location, market size, population, ___. However, each region may ______ be interesting for foreign _________ for their specific sectorial __ regional investment projects.
Different parts of Ukraine ____ different natural, economic and _____ conditions. If a region __ specialized in a certain ______ of economy, it receives ____ it lacks from another ______. This specialization is often __________, but can change throughout ___ years.Ukraine is divided into ________ regions – sectors with ________ economic characteristics. Territorial divisions ___ traditional specialization form the ____ of Ukraine’s current division ____ nine economic regions.
To define regional specialization, ________ of different industries in ____ area are analyzed. Usually _____ industries appear thanks to ________ natural resources and conditions, _____ labor force, specific geographic _________, available transport and logistics, __________ and specific state tasks.
Mapping Ukraine’s economic regions
According to its natural, _____-‐________, historical and other plate-‐marks (_________ administrative-‐ territorial division), Ukraine __ currently divided into nine ________ districts: Donetsk, Pridneprovsky, Northeastern, _______, Central, Podilsky, Northwestern, Carpathian ___ Black Sea Coast.
Donetsk region (Donetsk and _______ oblast) has substantial human _________. It is the leader __ the country by means __ number and density of __________. The region is among ___ most prosperous. Its leading __________ are energy, coal, metallurgy, ________, building materials and heavy ___________. The region also has ____________ and varied natural resources: _______ soil, coal, salt, building _________, vermillion, etc. Its agriculture __ characterized by the dominance __ cattle breeding, while city _______ feature a considerable amount __ urban farms. The region ____ boasts of a well-‐developed _________ network, particularly railroad that ___ the highest density in ___ country. The main industrial ____ are Donetsko-‐Makeevsky, Gorlovsko-‐Enakievsky, Lugansky, ___________-‐ Konstantinovsky, Stakhanovo-‐Alchevsky, Lisichansko-‐Rubezhansky and ___________.
- Pridneprovsky region (Dnepropetrovsk and Zaporizhzhya oblast) ___ the country’s sixth highest __________, but is among the _______ as far as its _______ resources are Some __ them have global importance. ___ region is specialized in _____ metallurgy, machine building, metal __________, chemical industry and energy, ___ according to its industrial ___________ it has the second _____ following Donetsky region. A ____-‐_________ irrigation system helps agriculture, _____ crop raising and plant ___________ dominate animal husbandry. The ______ has a vast transport _______ with major hubs in ______________ and Dneprodzerzhinsk, Nikolsko-‐Marganetz, Pavlograd-‐ _____________ and Zaporizhzhya. The region _______ iron and manganese ores, ________, titanium, mining and metallurgical _________, automobiles, tires, oils and ________, agricultural products and equipment. __ imports coal and charcoal, _________ machinery, textiles, etc.
- Northeastern region (Kharkiv, Poltava and Sumy ______) is among the country’s ___ three agricultural and top ____ industrial leaders. Its natural _________ consist of oil, gas ___ iron ore. The region’s ____ industries are engineering, metal __________ and chemical, food and _____ industries. The biggest hubs ___ Kharkiv, Kremenchug, Poltava and ____. The region imports metal, ____, different machinery and equipment, ________ products and food. It _______ natural gas, iron ore, ___ products, concrete-‐steel constructions, tractors, _______, engineering tools, bicycles, etc.
- Capital region (Kyiv, Zhitomir and Chernigiv ______) is second in territorial ________ and population within the _______. It is rich in _______ and quarries ample building _________. It is the country’s ______ biggest industrial (engineering, chemical ___ light industries) and agricultural ______. The main means of _________ are railroad (60% of _______ loads) and air (Kiev __ the biggest airway hub __ Ukraine). The region’s important _________ centers are Kiev, Chernigov, ________ and Bilotserkovsky. In the _______, where a wide range __ goods and services are ________, import still overwhelms export.
- Central region (Cherkassy and Kirovograd oblast) __ at the bottom of ___ list in the country’s __________ density (2.4 million people) ___ industrial potential. It depends _______ on agriculture. Natural resources _______ of building and decorative ______. Leading industries comprise of ____ processing, engineering and metallurgy. ___ biggest centers are Cherkassy, __________, Alexandriysk and Uman. The ______ exports agricultural machinery, equipment ___ light and food industries, __ sets, chemical fiber, nitrate ___________, sugar, vegetable and meat _____________, and import virtually everything (____ coal and petrol to _______ and agricultural produce).
- Black Sea Coast (Odessa, Mykolaiv, Kherson and ___ Autonomous Republic of Crimea) ___ the country’s largest population __ 7.1 million people. It ___ poor natural and water _________. The economy’s leading industries ___ engineering and metal processing, ____ and light industries, and _____ growing in agriculture. There ___ many gardens and vineries. ____________ is highly developed. The ______’_ import rate is bigger ____ the export’s. The main _______ are Odessa, Mykolaiv, Kherson, _________-‐___________, Simpheropol, Sevastopol, Kerch and ______-‐_____________.
- Podil region (Vinnitsa, Khmelnitsk and Ternopil ______) is least Natural resources _______ of raw building materials. ___ main centers are Vinnitsa, __________, Ternopil, Kamenets-‐Podilsk, and Shepetovka. ___ region’s economy depends on ___________, specializing in grain growing. __ is the country’s fourth _______ agricultural area. Main industries ___ food, engineering and machine ________ (specializing in equipment for ____, chemical and light industries).
- Northwestern region (Volyn and Rivne oblast) ___ the country’s smallest territory ___ population (2.2 million). With 38% of forests, Volyn takes ___ second place after Carpathian ______. Its other natural resources ___ coal, charcoal and building _________. The region has the _______’_ lowest industrial potential. In ________ to food and light __________, it mainly specializes in _________, metal processing and woodworking, _____ are rapidly developing. The ______ has three main centers __ Rivne, Lutsk and Kovel. ___ region exports building materials, ____________ machinery, automobiles, chemical fertilizers, ________, cotton cloth and the ______ kind of amber. It _______ metals, different machines and _________, instruments, automobiles, buses, natural ___ synthetic fibers, and agricultural
- Ca r pa t h ian region (Lviv, Zakarpattya, Ivano-‐Frankivsk and __________) has high population density (______ than the country’s average). __ has various natural resources ___ is rich in water ___ forests. This is an __________ region specializing in engineering, _____ processing, chemical products, woodwork, _____ and food industries and ____________. The region has a _________ road and railway network ___ high historical tourism potential. ___ main centers are Lviv, ____________-‐_______, Chervonograd-‐Sokalsky, Chernovtsy, Ivano-‐Frankovsk, Kalushsko-‐Dolinsky ___ Uzhgorod-‐
V. Economy
Financial Center: Kyiv
GDP: USD 162,8 billion (2011, __ current prices)
GDP Per Capita: USD 7 200 (2011, _____ purchasing power parity basis)
Inflation Rate: 4,6 % (2011)
Foreign Direct Investment: USD 49 362,3 million (31.12.2011)
Interstate Agreements on the _________ and Mutual Protection of __________: 61 countries of the _____: Albania, Argentina, Armenia, Austria, __________, Belarus, Bosnia and Herzegovina, ______, Bulgaria, Canada, Chile, Congo, _______, Cuba, Czech Republic, Equatorial ______, Estonia, Finland, France, Gambia, _______, Germany, Greece, Hungary, India, _________, Iran, Israel, Italy, Jordan, __________, Korea, Kuwait, Latvia, Lebanon, _____, Lithuania, Macedonia, Moldova, Morocco, ___________, Oman, Panama, Portugal, Russia, ___ Marino, Saudi Arabia, Singapore, ________, Slovenia, Spain, Sweden, Switzerland, _____, Tajikistan, Turkey, Turkmenistan, UAE, ___, Vietnam, Yemen (01.10.2011)
Number of the Foreign _________: 2 229 (01.09.2011)
EU Cooperation Status: Partnership and cooperation agreement ____ European Union (01.03.1998)
VI. Foreign Direct Investments __ Ukraine
FDI volume, USD million: 49 362,3 (as of 31.12.2011)
FDI per capita, USD: 1084,3
2011 FDI growth comparing __ 2010, % : 10,2
Ten major FDI source _________ for Ukraine:
- Cyprus
- Germany
- Netherlands
- Russian Federation
- Austria
- United Kingdom
- France
- Sweden
- British Virgin Islands
- USA
EU countries share in ___, %: 79,9
FDI structure by sector ·
- Finance – 33,1%
- Manufacturing-‐ 30,9%, including:
- Metal products – 12,3%
- Foods and beverages – 4,2%
- Chemicals – 2,8%
- Machine building – 2,5%
- Electricity, gas, water – 1,4%
- Real Estate – 11,6%
- Retail– 10,5%
- Construction – 6,1%
- Transport and telecoms – 3,8%
- Agriculture – 1,6%
- Hotels and restaurants – 0,9%
- Healthcare – 0,3%
- Other – 1,4%
2. Forms of Foreign __________
Generally, the regulatory framework for the establishment and _________ of businesses in Ukraine by foreign _________ is similar to that for domestic _________, apart from the ownership __ agricultural land, publishing activities ___ the manufacture of carrier _______. As a general rule, __________ permits are not required , but all enterprises ____ be established according to ___ form and procedure prescribed by law and registered with the ___________ government agencies. Foreign
investors are generally not ________ to seek special approval ____ authorities for doing business ___ investing in Ukraine 12 _______ direct investments, but shall ________ them with the state ___________.
Foreign investors can invest __ the following forms:
- Acquisition of assets
- Direct purchase (acquisition of _________ title)
- Investment in Equity
- Foundation of a ___ legal entity
- Acquisition of shares or _____________ interest in a Ukrainian _______
- Joint business activity by ________ of a legal entity
- Foundation of branches of _______ investors
- Other forms of investment
- Business (entrepreneurial) activities pursuant __ production sharing agreements
- Joint business activity without ________ of a legal entity
- Joint business activity without _______ funds
- Public-‐private partnerships
3. Company forms
Companies in Ukraine may __ established in the following _____:
- joint stock company (JSC) _______ and public JSC
- limited liability company (LLC)
- company with additional liability
- company with combined liability
- company with full liability
The most common are ____ and the LLCs.
I. Joint stock company (___)
= similar to German AG or US corporation
A joint stock company (___) is a legal entity _____ share capital is divided ____ a number of shares __ equal nominal value. The _________ of shareholders in a ___ is limited to the _____ of their capital contribution.
A JSC may be ___________ as "open" or "closed". ______ of Open JSC may __ distributed through public subscription ___ can be floated at _____ exchange, contrary to those __ Closed JSC, which are ___________ between its founding shareholders.
The issued shares of ___ (open and closed) must __ registered with the State __________ and Stock Market Commission __ Ukraine, which prolongs the ____________ process approximately for two ______.
1. General Information
- § Charter capital
1,250 Ukrainian monthly minimum ________ (approximately USD 136,000)
- § Number of shareholder
Private JSC : No ____ than 100 Public JSC : Unlimited
- § Governing Bodies
Supervisory board | General shareholders meeting | ||
Management board | Auditor or audit commission |
- § Restrictions
- a wholly-‐owned JSC may ___ be established by another ______-‐_____ subsidiary (either foreign or _________)
- a JSC can not ____ have legal entity-‐shareholders, which ___ wholly-‐owned by the same ______.
- § State fee for Registration
USD 21.25 plus 1% __ the share capital, but ___ more than 50 officially ___________ minimum monthly salary as __ the date of the _________ of the JSC.
- § Supervision
Regular reporting to the _____ Securities and Stock Market __________, to the tax and _____ local authorities, filing of ______ accounts.
- § Transfer of shares
There are generally no ____________ on the transfer of ______ in a public JSC. _____ are specific regulations regarding ___________ shareholdings and mandatory buy-‐outs __ a private JSC, the ________ shareholders may have a ___-‐_______ right to purchase shares.
- § Reporting requirements
Private and public JSCs ___ subject to reporting and __________ requirements.
“Regular Information” consists of ___ annual and quarterly reporting __ information on the results __ the JSC’s financial and ________ activities, for private JSC. ___ public JSC, on the _____ hand a single annual ______ is sufficient.
“Special information” is information _____ any actions, which may _________ the financial or business __________ of the issuer and ____ to a significant change __ the value of its __________.
2. Steps needed to ___ up a JSC
→ Timeframe up to 3 months
- Holding a meeting of ________
- Opening of bank accounts ___ security accounts
- Payment of share capital
- Registration of share issuance ____ state regulator
- Issuance of shares by __________
- Holding a second meeting __ shareholders and approval of _ charter issuance of shares
- Registration with the State _________
- Registration with the State __________ Committee
- Obtaining of a seal
- Registration of a Pension ____ in Ukraine
- Registration with the Tax __________
- Obtaining of a VAT ___________ (if possible)
- Registration of a shares _________ report with a state _________
II. Limited Liability Company (___)
A limited liability company (___) is a legal entity __ which participants own a __________ defined by the Charter, __ the company's capital.
The Charter capital of _ LLC should be equivalent __ a 100 monthly minimum _____ based on the date ___ LLC was established on.
For a 100% investment, _____ a LLC form tends __ be more convenient. In __________ to a JSC, it __ easier and quicker to _________, since no registration with ___ State Securities and Stock ______ Commission of Ukraine is ______. Moreover, for the setting __ of a LLC, lower _______ capitalization is required and ___ members may withdraw their _____________ at any time by ______ three month's notice.
1. General Information
- § Charter capital
No minimal required
- § Number of shareholder
No more than 100
- § Governing Bodies
General participants meetings | Directorate (collective | ||
Audit or auditor commission |
- Restrictions
A wholly-‐owned LLC (same __ a JSC) may not __ established by another wholly-‐owned __________ (either foreign or Ukrainian)§ Restrictions
- An individual or a _____ entity (either foreign or _________) may not be the ____ founder of and/or the ____ participant in more than ___ LLC in Ukraine
- Reporting requirements
Once per year submission __ reporting to the state ____________ authority
- State fee for Registration USD 21.25
2. Steps needed to ___ up a LLC
→ Timeframe up to 10 – 15 business days
Holding a meeting of ________ and approval of a _______ LLC Registration with the _____ Registrar
- Registration with the State __________ Committee
- Registration of a Pension ____ in Ukraine
- Registration with the Tax __________
- Obtaining of a seal __ LLC
- Opening of bank accounts
- Obtaining of a VAT ___________ (if possible)
- Registration of the foreign __________ (if required)
- Registration with EPY Customs ______ (if required)
III. Representative Office
Representative office is not _ legal entity and acts __ behalf of the foreign _______ it represents. There are __________ (for restricted entrepreneur activity) ___ non-‐commercial representative offices (for ___________ or auxiliary activity in ___ region).
A foreign legal entity, _____ carries out foreign economic __________ in Ukraine, has the _____ to open its representative ______ in Ukraine. Registration of _____ offices is to be _______ out by the Ministry __ Economy of Ukraine within 60 days of the date ___ documents are submitted for ____________.
3. Restrictions on investment __________
I. General restrictions on __________ activity applicable to any ___________
o Certain types of ________ activity may be pursued ____ by state-‐owned enterprises:
- rocket industry
- printing of banknotes
- printing of blank forms __ securities
- Certain types of business ________ may be pursued only __ state-‐owned enterprises or require _____ consent of state bodies:
- railway transport industry (including ___ foundation, privatization or reorganization __ railway enterprises, the layout __ railway bed )
- commercial
- Foreign enterprises may not _______ their activity in certain __________ with strategic importance for _____ security:
- mining – there exists a _____ requirement that company which ________ mineral resources of state __________ may not be fully _____ by non-‐residents;
- electric power transmission and ____________ – there exists a _____ requirement that company which _________ electric power or provides ___________ distribution services may not __ fully owned by
II. Special restrictions on __________ activity applicable only to _______ investments
Certain thresholds on the _______ permissible percentage of foreign __________ in the charter fund __ a Ukrainian enterprise in ___ following industries:
- pub lishing – the size __ shareholding in a printing _____ for non-‐residents must not ______ 30 %
- water distribution – companies providing water ____________ services may not be _____ owned by non-‐residents
- media – broadcasting organizations may __ founded exclusively by Ukrainian
- Land related restrictions:
- agricultural land – may not be ________ to nonresidents
- forestry land – may not be ___________ to nonresidents for permanent
- Restriction on financing forms:
Housing projects provides special __________ or forms of financing ____ as construction financing funds, __________ investment schemes, etc.
4. Taxation
Taxation in Ukraine is _________ according to the new ___ Code of Ukraine dated ________ 2, 2010 N 2755-‐VI (___ “Tax Code”). The Tax ____ stipulates the general principles __ the Ukrainian tax system, __ well as the taxes ___ duties (mandatory payments), tax _____, tax exemptions, procedures and __________ for tax assessment and ________, etc.
I. Investor considerations
- The standard corporate tax ____ is 25%.
- Qualifying small companies may ___ to use a simplified ___ system (with very favorable ___ rules).
- There is no group
- Depreciation is based on ___ reducing balance method; relatively ________ rates are available.
- Losses may be carried _______
- When companies pay dividends, ____ are generally required to ___ advance corporate tax (ACT) __ a 25% CPT This __ in addition to potential ___________ taxes of up to 15%.
- Taxable income expenses are _____ on the "first event ____".
Set forth below is _ brief overview of the ____ provisions related to taxation __ Ukraine:
1. Corporate Income Tax (___)
Corporate Income Tax (CIT) __ levied on the worldwide ______ of resident legal entities, _________ joint-‐stock companies, limited liability _________ and state enterprises. Non-‐resident ________, no matter what the _____ form, including those operating _______ a permanent establishment in _______, are subject to CIT __ their Ukrainian-‐source income. Small ___ medium businesses may opt ___ of CIT in favor __ United Tax under the __________ tax regime
resident legal entities | Non-‐resident entities | Small and medium businesses | |||
Worldwide income | Ukrainian source income | May opt out of ___ | |||
joint-‐stock companies, limited liability _________ and state enterprises | Independent of the legal ____ | ||||
2. Tax rates
The standard CIT rate is established at _ flat 23% ( 21% as of 1 January 2012, which is further to __ reduced to 19% as __ 1 January 2013, and 16% as of 1 January 2014) rate applicable to taxable ______ after permissible deductions.
In general, Advance CIT __ payable by the distributing _______ on dividend distributions to ____________, in which Advance CIT __ then credited against the _________ income tax liability of ___ distributing company.
Furthermore, dividends distributed to foreign corporate ____________ are subject to 15% Ukrainian withholding tax, which ___ be reduced or entirely __________ by virtue of operation __ an applicable Double Tax ______ and Ukrainian domestic procedures. A Ukrainian corporate shareholder, __ a CIT p ay e r , is exempt from ________ with respect to dividends ________ from resident or non-‐resident “__________ companies” . A company is _______ to have “control” over _______ company if it holds ________ or indirectly at least 20% of the authorized capital __ 20% of voting rights __ the controlled company.
The dividend distribution is ______ from taxation if dividends ___ paid out in the ____ of shares provided that ____ dividends distribution does not ______ proportions of participants in ___ charter capital of the _______ legal entity.
3. Deductions
In general, all substantiated ________ connected to the business __ a legal entity and ____ (accrued) by the company ______ a tax period are __________ from the taxable income __ they were incurred for ___ preparation, organization, management or ____ of products or services, __ for labor safety.
Certain expenses (e.g. travel ________) are deductible within established ______. Remuneration of employees is __________ if accrued or paid. _________' fees and remuneration paid __ the members of supervisory ______ or supervisory commissions (if _____ members are considered employees) ___
deductible. Dividends paid to _ company's shareholders are not _______ as cost and are ___ deductible for CIT purposes.
Interest paid is generally __________. The deduction of interest ________ is limited where the ________ is paid by a _______ on a loan granted __ its non-‐resident corporate or __________ shareholders, or entities related __ such shareholders, who in _____ own or manage directly __ indirectly at least 50% __ the borrower's capital. In ____ a situation, the deduction __ limited to the amount __ the borrower's interest income ____ 50% of its net _______ income, the less interest ______.
4. Taxation of _______ Entities
General rules for taxation __ foreign investment:
- No special taxes for ___ foreign investments or enterprises ____ foreign investments (i.e., national ______).
- Any incomes of a _______ investor in Ukraine are _______ in accordance with the _______ rules established by the ___ Code of
- Any payment that constitutes _ profit by a Ukrainian ________ or the permanent representative ______ of non-‐resident to the ___-‐________ , with the source __ Ukraine is subject to 15% withholding tax (deductible by ___ respective payers, subject to _______ exceptions).
- Withholding tax may be _______ or eliminated as a ______ of existing double taxation ________ between Ukraine and the _______ of residence of the _______
- Foreign legal entities will __ taxed in Ukraine on _____ profits derived from their __________ activities undertaken on the _________ of Ukraine through a permanent establishment ; and
- Income derived from sources ______ the territory of Ukraine __ foreign entities which are ___ engaged in commercial activities __ the territory of Ukraine _______ a permanent establishment will __ taxed at the time __ the remittance of such ______ to such foreign entities __ their authorized representatives, and ____ taxes will be withheld ____ the sums remitted.
The Tax Code provides ____ a foreign entity is ______ for the payment of _________ income tax with respect __ all “Ukrainian-‐sourced” income. Article 160.1 of the Tax Code ________ for a non-‐ exhaustive ____ of the types of ______, which are, per se, ______ to constitute a Ukrainian _______ income, including, inter alia: ________ payments, dividends, royalties, lease ________, proceeds from real estate _____ on the territory of _______, profits from securities transactions, _______ from joint activity agreements __ long-‐term agreements, broker or ______ fees, and other kinds __ income derived by a _______ entity from its business ________ on the territory of _______.
However, the Tax Code provides that the income __ a foreign entity received __ the form of a _______ of other kind of ____________ for the value of _____ (works or services) supplied ____
abroad by a foreign ______ (or its permanent establishment) __ a resident shall not __________ Ukrainian-‐source income.
The Tax Code provides ___ a withholding tax rate __ 15% to be withheld __ a resident entity or __ the permanent establishment of _ foreign entity from the ______ of any Ukrainian-‐sourced income, __ and when such foreign ______’_ Ukrainian-‐sourced income is remitted __ such foreign entity or ___ authorized representative by a ________ taxpayer or by the _________ establishment of such foreign ______ unless an applicable bilateral ______ taxation treaty provides relief ____ respect to such withholding.
5. Value Added Tax (___)
Value Added Tax (VAT) __ the internal indirect tax, _____ is generally levied on _____ and services at all ______ of supply. Input VAT __ generally deductible against output ___. The positive difference is ____ to the Treasury, whereas ___ negative difference should generally __ refunded by the Treasury.
The VAT rate is ___________ at 20%, which scheduled __ be reduced to 17% __ of 1 January 2014. ______ supplies are zero-‐rated.
6. Personal Income Tax (___)
Effective as of 1 _______ 2011, the Tax Code introduced the progressive tax ____ of Personal Income Tax (___). These tax rates apply __ almost all income received __ a resident individual in _______, regardless of the source __ income. Thus, under the ___ Code, the general tax ____ is 15%, whereas monthly ______ exceeding 10 times minimum _______ salary (i.e. UAH9, 410 __ January 1, 2011) should __ taxed at 17%. The ___________ tax rate of 15% / 17% generally applies to __ employment Ukrainian sourced income __ the tax non-‐residents.
7. Taxation of Property
The property owners in _______ are subject to
- land tax, or
- real estate tax (becomes _________ as of 1 January 2012).
Land Tax
Under the Tax Code, ____ Tax is established based __ 1% per annum of ___ "pecuniary valuation" of the ____. For agricultural land plots ____ Tax is established at 0,1% and 0,03% of the "_________ valuation" of land for 1__ of arable land/pastures, and 1__ of “perennial plants” lands ____________. Land Tax is paid __ a monthly basis at 1/12 of the annual tax.
Real Estate Tax
Real Estate Tax becomes _________ as of January 1, 2012. Real Estate Tax rates _____ be set up by _____ authorities but shall not ______ (1) 1% of the _______ monthly salary established as __ January 1 of a _________ year for each square _____ of an apartment with ___ residential floor area not _________ 240 m² and a _____ with the residential floor ____ not exceeding 500 m²; ___ (2) 2.7% of the _______ monthly salary established as __ January 1 of a _________ year for each square _____ of an apartment with ___ residential floor area exceeding 240 m² and a house ____ the residential area exceeding 500 m².However, the relief for 120 m² of apartments and 250 m² of houses is _______ for individual real estate ___ payers.
8. Special tax regime ___ certain industries
Ukrainian legislation provides total _________ from taxation until 1 _______ 2020 for the following _______ of profit:
- The profit of biofuel _________ derived from the sale __ biofuels;
- Companies’ profit derived from _____ activities of simultaneous production __ electricity and thermal energy ___ (or) heat production using ________; and
- Companies’ profit derived from _____ economic activity of production ___ use of gas (methane) ____
Ukrainian legislation provides for ___ total exemption from taxation _____ 1 January 2021 for ___ following industries:
- Light industry (except for _________ with production based on ________-‐_____ raw materials)
- Ship-‐building industry, and
- Machine building for agro-‐industry.
9. Statutory Guarantees and __________ for foreign investors
Foreign investors are entitled __ certain privileges and guarantees _____ the Foreign Investment Law, ________ that their investments have ____ duly registered with the ___________ local state authorities.
I. Guarantees
1. Protection against nationalization
Foreign investment may not __ nationalized or expropriated (with ___ exception of emergency measures ____ as national disasters, accidents, _________, etc.).
2. Guarantee in the _____ of the termination of __________ activity
Foreign investors can repatriate _____ revenues and investments from _______ free from export duties ______ six months upon the ___________ of the investment activity.
3. Guarantee for compensation ___ reimbursement of losses
Foreign investors are entitled __ reimbursement of their losses __ connection to the failure __ the state or municipal ________ to properly discharge their ___________ to foreign investors or ___________ with foreign investments.
4. Guarantee of repatriation __ profits
Foreign investors can freely ___ immediately repatriate their profits ___ proceeds from investment activities _____ payment of taxes, duties ___ other mandatory payments.
5. Protection against changes __ legislation
Foreign investors are guaranteed __________ against any legislative changes _________ guarantees described above for _ period of ten years. ____ guarantee does not apply __ legislative changes on matters ________ to national security and _______, protection of public order ___ environment.
II. Incentives
- National Regime
The national regime provides _______ investors with the same ______ and possibilities as of _________ residents.
Enterprises with foreign investment __ foreign enterprises are taxed __ their profits on a ___ with other domestic enterprises
- Enterprises with foreign Investment
Ukrainian companies, with foreign ________’_ contribution in their charter _____ amounting at least 10%. ____ may found subsidiaries, affiliates ___ branches in and outside _______ in order to conduct _____ economic activity.
- In-‐kind-‐investments
In-‐kind contributions to the _______ fund of an enterprise ____ foreign investments (except for _____ for sale or goods ________ for such company’s own ___________). In-‐kind investments are exempt ____ import duties.
III. National Projects
«National Projects» are strategic ________ of Ukraine exercised particularly __ economic and social development _______.
All Projects are investment ____ and have three common ________:
- Scales and/or replicability: all ________ are nationally scaled (hence ____ are called “national”).
- Moving factors of development (__ specific industries or sectors __ economy: these strategic projects ____ the sector to the ___ efficiency level thus resolving ______-‐_____ issues).
- Relevancy, drive for result: ________ have specific goals and ______________ terms as well as __________ guarantees and powerful support ____ the Government
As of 01.01.2012 the ________ Projects launched by the ___ Government of Ukraine in 2010, include the following trends:
- § «New Energy»
- «LNG-‐Terminal» – sea terminal ___ liquefied natural
- «Energy of Nature» – ___ construction of wind, solar ___ small hydropower plants, production __ solid alternative
- § «New Life Quality»
- «Affordable Housing» – the ______ of affordable housing construction
- «New Life» – new _______ of mother and child
- «Clean City» – up-‐to-‐date __________ for solid waste processing.
- «Clear Water» – providing __ Ukrainian population with high _______ potable
- «Open World» – establishment __ the national educational network __ introducing information technologies (4G) ____ the education management
- “City of Future” – ___ elaboration of strategic planning ___ the system of the ____ development
- § «New Infrastructure»
- «Air Express» – high-‐speed _______ service between Kyiv and ________ International Airport and construction __ the other infrastructure objects __ the Kyiv
- «Danube Corridor» – development __ transport communication and navigation __ the Danube
- § «Olympic Hope – 2022»
- «Olympic Hope – 2022» – creation of the sports ___ tourism
- § «Increasing production of ___________ agricultural products»
- «Grain of Ukraine» – ______ of the gross domestic _______, modernization of the grain __________ industry and increasing its ______
- «Revived Cattle breeding» – ________ food safety in the __________ of milk products and ____, increasing the export potential __ the cattle
- § «Development of the ___________ market»
- «Green markets» – development __ the network of wholesale ____________ products markets and satisfaction __ consumer
Bibliography:
http://investukraine.com/why-ukraine/facts-and-figures-ukraine
http://investukraine.com/why-ukraine/population
http://debaty.org/en/materials/article/what-are-ukraine%E2%80%99s-economic-regions http://investukraine.com/why-ukraine/economy-ukraine
investukraine .com/wp-content/.../ Foreign - investment -in- Ukraine .pdf
investukraine .com/wp-content/.../ Foreign - investment -in- Ukraine .pdf
investukraine.com/wp-content/uploads/.../Taxation-in-Ukraine_Eng.pdf
http://investukraine.com/investment-opportunities/national-projects