On 26 October 2022, the President of Ukraine signed Law of Ukraine “On Amending the Tax Code of Ukraine and Certain Other Legislative Acts of Ukraine on Specifics of Taxation of Entrepreneurial Activities of Electronic Residents” No. 2654-IX (“Law”) introducing the concept of electronic residency of Ukraine for foreign nationals (“E-Residency”). The Law will become effective on 1 April 2023.
What is E-Residency
E-Residency is a special status that allows foreign non-resident individuals to obtain Ukrainian business registration under the simplified procedure, get a state-recognised digital signature, and open a bank account with a Ukrainian bank online.
Who may apply for E-Residency
Citizens or residents of states included in a special list adopted by the Government of Ukraine. The list must not include aggressor or occupier states, and states included in the EU and FATF “black” and “grey” lists for AML purposes.
Citizens of Ukraine, individuals who have the right to permanent residence in Ukraine, tax residents of Ukraine, stateless persons or persons who receive income originating from Ukraine (except for passive income) may not apply for E-Residency.
How to apply for E-Residency
An applicant must submit an electronic application through the “Diia” state portal, and pass identity and financial security verification. A registered E-Resident receives a digital signature which is necessary to apply for business registration as an individual entrepreneur.
An E-Resident must submit an electronic application to open an account with a bank from the list on the “Diia” portal. The account must be used to conduct the E-Resident’s business transactions.
An E-Resident registered as an individual entrepreneur pays 5% single tax on the E-Resident’s business income (funds credited to the E-Resident’s Ukrainian bank account), provided that the E-Resident:
- supplies goods or services only to non-residents of Ukraine
- does not employ citizens or residents of Ukraine
- does not receive income originating from Ukraine (except for passive income)
- the amount of business income does not exceed the limit of 1,167 minimum wages per calendar year (UAH7,585,500.00 in 2022). The tax rate of 15% applies to the amount of income received above the limit
The tax must be withheld by the E-Resident’s Ukrainian bank. E-Residents do not pay Ukrainian VAT.
The Ukrainian bank will submit quarterly reports to tax authorities as the E-Resident’s tax agent.
Posted on November 21, 2022