Taxation of international executives
When are tax returns due? That is, what is the tax return due date?
The standard annual filing deadline is 30 April of the year following the reporting year.
It may be extended to 31 December based on an application from the taxpayer if the documents for a foreign tax credit need to be obtained from a foreign jurisdiction.
If an individual plans to leave Ukraine to live in another country/territory, they must submit a ‘departure tax declaration’ no less than 60 days prior to their departure and settle the tax due based on an assessment issued by the tax authorities.
What is the tax year-end?
What are the compliance requirements for tax returns in Ukraine?
The following individuals are obligated to file a tax return:
Tax returns must be filed by 30 April of the year following the reporting year and the final tax payment should be made not later than 31 July of the year following the reporting year.
Generally, if a Ukrainian tax resident intends to leave Ukraine for permanent place of residence abroad, they must submit a departure tax return not later than 60 calendar days prior to the departure from Ukraine. Income tax due on departure tax return is to be paid within 10 calendar days from the tax return filing date. Within 30 calendar days from the date the tax return was filed, tax authority checks tax obligation liability and payment of the tax.
Failure to file a tax return in time may result in penalty, which equals UAH 170.00. Delay in tax payment within 30 calendar days starting from the tax payment due date results in 10 percent penalty of the amount of tax liability. Delay in payment for more than 30 calendar days results in 20 percent penalty of the amount of tax liability.
Ukrainian tax residents are taxable in Ukraine with respect to their worldwide income, while Ukrainian tax non-residents are taxable in Ukraine with respect to their Ukrainian source income.
What are the current income tax rates for residents and non-residents in Ukraine?
Both, residents and non-residents, are taxable at 18 percent personal income tax rate. In addition, such income is a subject to temporary military tax at 1.5 percent rate.
For the purposes of taxation, how is an individual defined as a resident of Ukraine?
The concept of tax residency incorporated in the Ukrainian legislation is similar to that of most double taxation treaties.
An individual is considered a Ukrainian tax resident if they have a domicile in Ukraine. If an individual also has a domicile in another state, the individual is qualified as a tax resident in Ukraine if they have a permanent place of residence in Ukraine.
If the individual also has a permanent place of residence in the other state, then the individual becomes a tax resident in Ukraine if they have a centre of vital interests in Ukraine. This could be the place where the individual's family members have a permanent abode.
In case it is not possible to determine the centre of vital interests, or the individual does not have a permanent place of residence in any country/territory, the individual is qualified as a tax resident in Ukraine if they are present in Ukraine for a period (periods) exceeding 183 days during a calendar year. For the purpose of calculation of days of presence in Ukraine, both days of arrival and departure are taken into account.
If it is not possible to determine the residence status of an individual based on the above conditions, an individual is qualified as a Ukrainian tax resident if they are a citizen of Ukraine.
Non-residents are individuals who do not qualify as residents of Ukraine.
Is there a de minimus number of days rule when it comes to residency start and end date? For example, a taxpayer can’t come back to the host country/territory for more than 10 days after their assignment is over and they repatriate.
What if the assignee enters the country/territory before their assignment begins?
If the assignee enters the country/territory before their assignment begins, these days are taken into account when determining the assignee’s Ukrainian residency position for income tax purposes.
Are there any tax compliance requirements when entering or leaving the country/territory?
For the year when a foreign citizen becomes a tax resident in Ukraine, they are obliged to file a tax return declaring Ukrainian and foreign income.
Ukrainian tax residents are required to file a departure tax return if they leave Ukraine to live in another country/territory. The personal income tax return should be submitted not later than 60 calendar days prior to departure from Ukraine and personal income tax liabilities should be settled within 10 calendar days after tax return is filed to tax authority.
There is no additional departure tax
If during a trip an assignee works or provides services in Ukraine, income derived from such activities in Ukraine should be taxable in Ukraine unless a tax relief is available under a Double Tax Treaty.
Do the immigration authorities in Ukraine provide information to the local taxation authorities regarding when a person enters or leaves Ukraine?
Generally, the immigration authorities provide such information to the tax authorities upon request of the latter.
Will an assignee have a filing requirement in the host country/territory after they leave the country/territory and repatriate?
Such requirement may arise if an assignee receives income that is subject to taxation in Ukraine (e.g. stock income for the work in Ukraine etc.) in Ukraine.
Do the taxation authorities in Ukraine adopt the economic employer approach to interpreting Article 15 of the Organisation for Economic Co-operation and Development (OECD) treaty? If no, are the taxation authorities in Ukraine considering the adoption of this interpretation of economic employer in the future?
Generally, Ukraine has not adopted tax laws on economic employer approach yet. Commentaries to OECD Model Tax Convention do not have a status of law in Ukraine.
Are there a de minimus number of days before the local taxation authorities will apply the economic employer approach? If yes, what is the de minimus number of days?
What categories are subject to income tax in general situations?
In general, taxable compensation includes remuneration received in-cash or in-kind. Income received in foreign currency must be converted into Ukrainian Hryvnya at the rate of the National Bank of Ukraine effective on the date of accrual (payment) for employment remuneration or other income. Income received in-kind is valued at fair market value.
Taxable compensation includes, but is not limited to, the following:
Intra-group statutory directors
Will a non-resident of Ukraine who, as part of their employment within a group company, is also appointed as a statutory director (i.e., member of the Board of Directors in a group company situated in Ukraine) trigger a personal tax liability in Ukraine, even though no separate director's fee/remuneration is paid for their duties as a board member?
Tax non-residents of Ukraine are taxable in Ukraine with respect with their Ukrainian sourced income that is income received from any kind of the activity on the territory of Ukraine. However, since there is no separate director's fee/remuneration is paid for the duties as a board member, it is hardly possible to determine income base and tax liabilities for the performed duties.
a) Will the taxation be triggered irrespective of whether or not the board member is physically present at the board meetings in Ukraine?
b) Will the answer be different if the cost directly or indirectly is charged to/allocated to the company situated in Ukraine (i.e., as a general management fee where the duties rendered as a board member is included)?
From the individual taxation prospective, if individual did not have any contractual director's fee/remuneration and did not receive any separate income for the performed duties, it is hardly possible to determine taxable base and tax liabilities.
c) In the case that a tax liability is triggered, how will the taxable income be determined?
If individual did not receive income for the performed duties, it is hardly possible to determine taxable base and tax liabilities.
Are there any areas of income that are exempt from taxation in your country/territory? If so, please provide a general definition of these areas.
Non-taxable compensation includes, but is not limited to, the following:
Are there any concessions made for expatriates in your country/territory?
Income of diplomats, consuls, administrative and support staff are exempt from taxation in Ukraine, unless the income relates to an activity other than their duties within these organizations.
Is salary earned from working abroad taxed in Ukraine? If so, how?
Tax residents are subject to Ukrainian income tax and temporary military tax on their worldwide income based on annual tax return submission. A foreign tax credit may be claimed in Ukraine under a relevant Double Tax Treaty with regard to salary for work abroad.
Are investment income and capital gains taxed in your country/territory? If so, how?
“Capital gains” are generally subject to personal income tax at the rate of 18 percent as well as temporary military tax at the rate 1.5 percent for both residents and non-residents.
For proceeds and expenses received/incurred in foreign currency an equivalent in Ukrainian Hryvnya must be calculated for tax purposes based on the official exchange rate of the National Bank of Ukraine effective on the day when income was received (paid).
All dividends received by the Ukrainian residents and non-residents are subject to personal income tax at the rate of 5 percent if the income received from the Ukrainian legal entity.
Dividends on shares and/or investment certificates, corporate rights accrued by a non-resident and/ or joint investment institution who are non-income tax payers are subject to tax rate at 9 percent.
Dividends received from Ukrainian legal entity and non-residents are also taxable by the temporary military tax at the rate of 1.5 percent.
Interest received by Ukrainian residents/ non-residents is subject to personal income tax at the rate of 18 percent as well as temporary military tax at the rate 1.5 percent.
Rental income received by Ukrainian tax residents/ non-residents is subject to personal income tax at rates of 18 percent as well as temporary military tax rate at 1.5 percent. Rental expenses (e.g. mortgage interest, maintenance and utilities costs etc.) are generally not deductible for tax purposes.
Generally, the taxation of stock options exercises is not specially referred in the Ukrainian tax legislation. In practice the taxation is carried out in accordance with principle of the taxation of the investment income at rates of 18 percent as well as temporary military tax rate at 1.5 percent for both residents and non-residents.
Not subject to personal income tax.
Taxation of income received from the sale of property depends on the tax residence status of an individual in the year of sale, the type of property sold and the property ownership period prior to sale.
For example, a sale of immovable property by a Ukrainian tax resident is subject to personal income tax at 5 percent (and may be not taxed in certain cases).
Income from the sale of property located in Ukraine by a Ukrainian tax non-resident are taxable in full (no deductions are available) at the personal income rate of 18 percent and temporary military tax at the rate 1.5 percent.
Capital losses from the operation with the investment assets within 1 calendar year may be carried forward to the next years, provided certain legal requirements are met.
General rules on taxation of proceeds from the sale of property apply.
Gifts received from legal entities and individual entrepreneurs for a total value of less than UAH1,043.25 per month are tax-exempt. If the value of such gifts exceed the threshold, the total value amount is subject to personal income tax at the rate of 18 percent (with applying a coefficient 1,219512) and temporary military tax at 1.5 percent for tax residents and for tax non-residents.
Any gifts between family members and close relatives are tax-exempt.
Gifts of immovable property, vehicles, securities and shares between individuals who are not family members or close relatives are taxable at the rate of 5 percent for tax resident recipients and at the rate of 18 percent for tax non-residents. In both cases also temporary military tax at 1.5 percent will apply.
Are there capital gains tax exceptions in your country/territory? If so, please discuss.
There is no additional CGT in Ukraine.
What are the general deductions from income allowed in your country/territory?
Tax resident individuals may be entitled to the following main tax deductions from their income:
What are the tax reimbursement methods generally used by employers in your country/territory?
Currently gross up and rollover methods are used for personal income tax reimbursements.
How are estimates/prepayments/withholding of tax handled in your country/territory? For example, Pay-As-You-Earn (PAYE), Pay-As-You-Go (PAYG), and so on.
Tax agents which pay income (exceptions apply to some types of income) to individuals are required to withhold income tax and remit it to the Ukrainian tax authorities. Tax agents include individual entrepreneurs, Ukrainian legal entities and representative offices/branches of foreign legal entities registered in Ukraine.
Income tax from salary is withheld and remitted to the tax authorities generally simultaneously with the payment of the salary.
Individuals who receive remuneration from outside Ukraine are personally responsible for income tax compliance and pay tax from such income on a self-assessment basis. Tax prepayments during a year are not required in such cases.
When are estimates/prepayments/withholding of tax due in your country/territory? For example, monthly, annually, both, and so on.
Tax agents are generally required to withhold income tax every time when income is paid to an individual or to third parties on behalf of the individual.
Tax payable based on the individual tax return is generally due by 31 July of the year following the reporting year.
Is there any Relief for Foreign Taxes in your country/territory? For example, a foreign tax credit (FTC) system, double taxation treaties, and so on?
Relief for foreign taxes may be available in Ukraine only if it is provided by the effective Double Tax Treaty.
To support a credit for foreign taxes, an individual should submit to the Ukrainian tax authorities a statement of income received and income taxes paid in the foreign country/territory. To support an exemption or a lower tax rate under the treaty, the individual should submit a confirmation of tax residence in the foreign country/territory and confirmation of income received and income taxes paid in the foreign country/territory, if applicable. In both cases, documents must be endorsed or issued by the relevant foreign tax authorities, authenticated (e.g., by means of an Apostile) and translated into Ukrainian with the translation being certified by a notary public.
What are the general tax credits that may be claimed in your country/territory? Please list below.
This calculation assumes a married taxpayer resident in Ukraine with two children whose 3-year assignment begins 1 January 2015 and ends 31 December 2018. The taxpayer’s base salary is USD100,000 and the calculation covers 3 years.
|Moving expense reimbursement||20,000||0||20,000||20,000|
|Interest income from non-local sources||6,000||6,000||6,000||6,000|
Exchange rate used for calculation: USD1 = UAH23.
Calculation of taxable income
|Days in Ukraine during year
|Earned income subject to income tax|
|Moving expense reimbursement
|Total earned income
|Total taxable income||3,567,480||3,912,480||3,912,480||3,912,480|
Calculation of tax liability
|Taxable income as above||3,567,480||3,912,480||3,912,480||3,912,480|
|Ukrainian tax thereon||603,548||775,188||762,934||762,934|
|Domestic tax rebates (dependent spouse rebate)||0||0||0||0|
|Foreign tax credits||0||0||0||0|
|Total Ukrainian tax||603,548||775,188||762,934||762,934|
Is there a requirement to declare/report offshore assets (e.g., foreign financial accounts, securities) to the country/territory’s fiscal or banking authorities?