On October 6, 2022, the Verkhovna Rada of Ukraine adopted the Law “On Amendments to the Tax Code of Ukraine and some other laws of Ukraine regarding the peculiarities of taxation of business activities of electronic residents” (hereinafter – the Law). This document was popularly called the Law on E-residency. Let’s take a closer look at this legislative innovation.
What are the advantages of E-residency?
- E-residents will be able to remotely conduct business activities on the territory of Ukraine;
- E-residents will be able to conduct business on a simplified taxation system, i.e. be taxpayers of Group III and pay 5% of income;
- E-residents will be able to open and manage bank accounts remotely, that is, the presence of a foreigner in the bank will no longer be required to open an account;
- Possibility to receive the Diia.Digital Signature and sign all documents connected with business activity exclusively online;
- The issue of the tax (legal) address of persons wishing to become e-residents is being resolved. If earlier it was necessary for foreigners to obtain a personal identification number, rent a legal address in order to have an official one, now according to Paragraph 45.1 of Article 45 of the Tax Code – “the tax address of a taxpayer – electronic resident (e-resident) is recognized as the electronic address specified by such a person in the application for acquiring the status of electronic resident (e-resident)”.
It is worth noting that, according to the legislation, e-residents must meet the following criteria during the calendar year after acquiring the status:
- not to use the labor of hired persons – citizens or residents of Ukraine;
- not to receive income with a source of origin from Ukraine, except passive incomes;
- the amount of income should not exceed 1,167 minimum wages established by law on January 1 of the tax (accounting) year (for instance: as of 28.12.22 this amount is 7 585 500 UAH).
Who can become an E-resident?
A person who meets the following criteria can become an e-resident:
- has reached the age of 18;
- does not have a Ukrainian individual tax number;
- does not have a permanent residence permit in Ukraine;
- previously did not receive income originating from Ukraine for goods, works, services (except passive incomes);
- is not a citizen (subject), resident or person whose permanent residence (stay, registration) is in a state (jurisdiction) not included in the List of states whose citizens or residents can acquire the status of electronic resident. This list is currently being developed.
How to become an e-resident?
In order to become an e-resident, a foreigner needs:
- submit an application on the web portal or in the mobile application for verification and obtaining the e-resident status (currently the web portal and mobile application are under development);
- undergo identification at a foreign diplomatic institution in the host country;
- get an individual tax number and Diia.Digital Signature;
- register through the mobile application as a sole trader of of Group III;
- open an account in a Ukrainian bank.
The law enters into force on April 1, 2023. Therefore, we recommend starting the preparation process for obtaining e-resident status at the beginning of spring 2023.
It is clear that by the time the law on e-residency comes into force, detailed instructions, clarifications and other documents will be provided on issues related to obtaining the e-resident status, and a website and mobile application for future e-residents will be launched.
Our team will monitor the changes in this matter and inform you about them.
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