Setting up a company in Ukraine

The cost of setting up a business in Ukraine is €1 100 + VAT.

In recent years, a large number of enterprises and companies have been opened in Ukraine, which are owned by foreign citizens. As Ukraine is a large market and in certain sectors there are few competitors in certain sectors, it is becoming an increasingly attractive place to set up new businesses. Some foreign companies are opening branches in the country, operating successfully, and bringing in new profits for their owners and shareholders. and employees.

Why start a business in Ukraine?

Ukraine’s economy grew from the fourth quarter of 2015 until the end of 2019. Many necessary and painful reforms have been undertaken since 2014, despite the conflict with Russia. Since 2017, more and more foreign individuals and entrepreneurs have come to Ukraine to build capital. Some have come to promote services, others to engage in trade or manufacturing. Ukraine’s potential is huge and many areas need to be explored, as there is not enough competition in some areas.

Under current Ukrainian law, both foreign citizens and residents have the right to operate in Ukraine. However, there are certain nuances in the law related to starting and registering a business in Ukraine. The LCPC Service Centre is ready to explain them all in detail. 

Citizens of other countries intending to start a business in Ukraine should consider the following:

To set up a business in Ukraine, a foreign national must first obtain an individual taxpayer identification number. This number is unique and valid for the lifetime of the taxpayer. The taxpayer identification number is mandatory for doing business in Ukraine.

In order for a foreign national to work in Ukraine officially and legally, he/she must obtain a work permit (the director does not need to register the work permit).

 

Currently, different types of business forms can be established in Ukraine:

– Company TOB

Although there are many different types of business structures in Ukraine, the most appropriate liability structure for small and medium-sized enterprises in Ukraine is a limited liability company (Товариство з Oбмеженою Bідповідальністю or usually TOB). However, it is not only money that can be invested. Shareholders can also provide the Ukrainian company with equipment, assets (including real estate) or rights that can be used for business purposes. Share capital can also be reduced. In this way, the investment can be repaid to the shareholder.

Both resident and non-resident foreigners are free to set up a company and become 100% shareholders.

The minimum amount of the charter capital of a Ukrainian company is UAH 0.01. There is no limit to the maximum amount of capital allowed, but you must decide how much to invest in your company. LC Service Centre specialists recommend investing at least 100€ (3080UAH).

In addition, it is important to note that the incorporation itself can take place within 1-2 working days (once all the necessary documents have been submitted). Foreign shareholders will need to obtain a Ukrainian tax number prior to registration. 

A Ukrainian company must have a local registered address. Foreign entrepreneurs wishing to relocate to Ukraine to manage their business may apply for a relocation visa, which must be approved by the authorities.

Once the registration of the amount of authorised capital has been completed, the investment can be transferred to the parent company. The best way to transfer funds is by SWIFT transfer. Before starting a transaction, a Ukrainian company must have a company account in foreign currency (usually US dollars or euros). It is better to send the amount in the same currency. However, it is very important to understand that the money must be sent from an account opened in the name of the shareholder. If the transfer is made by someone other than the shareholder, the bank may block the transaction. 

Setting up a company in Ukraine involves several types of taxes:

15

Dividends paid to non-residents are subject to a withholding tax of 15%, unless this rate is reduced by a tax treaty. 

0

Interest income from government securities is not subject to withholding tax.

18

What are the current income tax rates for Ukrainian residents and non-residents? The income tax rate for both residents and non-residents is 18%.

20

What are the current income tax rates for Ukrainian residents and non-residents? The income tax rate for both residents and non-residents is 18%.

Advantages:

Favourable conditions for setting up businesses.

It is not compulsory to send the total amount of the declared investment. Share capital may be paid in instalments. Ukrainian law prohibits the use of borrowed funds to pay up the share capital of a joint stock company. The use of a bank account in the shareholder’s country of residence or citizenship is not mandatory.

VAT regulation in Ukraine

A legal person must be registered for VAT if the total amount received (paid) from transactions relating to the supply of goods/services subject to VAT during the last 12 calendar months exceeds UAH 300 000 (excluding VAT). A legal person may also register for VAT if at least 50 per cent of the goods or services produced are supplied to another country where VAT is applicable.

When setting up a business in Ukraine, it is important to note that foreign companies cannot reclaim input VAT unless the foreign company operates through a permanent establishment registered for VAT in Ukraine. To be eligible for VAT refunds in Ukraine, all transactions subject to VAT must be duly documented with VAT invoices. There is a clear list of goods that must be included in the tax invoice. Purchase invoices are valid for settlement for 365 calendar days from the date of issue.

Ukraine's federal government encourages foreign investment and has recently eased restrictions on business start-ups.

They have simplified the payment of taxes by introducing an electronic registration system and are constantly improving this service. Ukraine has double tax treaties with more than 60 countries worldwide, including most EU countries. These treaties provide for tax exemptions on dividends, interest and royalties and are in line with the requirements of the Organisation for Economic Co-operation and Development (OECD).

Ukraine and the EU since 2016

Ukraine and the EU have been pursuing a deep and comprehensive free trade agreement on a wide range of agricultural and industrial products since 2016. As a result, these Ukrainian-registered companies will benefit from access to a dynamic European consumer market and EU support for their initiatives. Thus, an ever-expanding market and ample opportunities to set up and successfully develop a new business are just some of the reasons why setting up a business in Ukraine can be a great idea.

LCPC aims to provide you and your business with high quality assistance. Setting up a company is one of the first steps in building your business, and we will help you along the way!

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