The majority of the latest tax changes in Ukraine are based on the best tax experience throughout the world, especially on the BEPS Plan which Ukraine undertakes to implement. The Tax reform prescribes novelties to transfer pricing rules; new rules for preventing from double tax treaties abuse; new rules for preventing from avoidance of the status of permanent establishment and taxation of permanent establishments; etc.
In the summer of 2020, Ukraine’s renewable energy market underwent another string of changes, this time mainly because of the “green” tariff reduction. After more than six months of negotiations, “green” energy investors and the government managed to reach some consensus on how to protect the market against the default of the State Enterprise Guaranteed Buyer (hereinafter – Guaranteed Buyer) which was initially reflected in the memorandum on the so-called “green” tariff restructuring and later found its own legislative settlement.
On July 29, 2020, the Cabinet of Ministers of Ukraine adopted the Resolution “On Certain Issues of Functioning of Authorized Economic Operators”. The Resolution aims at regulating all the formalities for the comprehensive launch of authorized economic operators (hereinafter referred to as the “AEO”) program in Ukraine.
On 13 July 2020, the Verkhovna Rada of Ukraine adopted at the first reading the bill of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning Ensuring the Right of Employees of the State Agricultural Enterprises, Institutions and Organizations to Receive a Land Plot (Share)”.
In recent years, privatization has risen as a priority for the government of Ukraine. Fundamental to these efforts was the enactment of a law abolishing a list of over 1,000 state-owned enterprises that were not permitted to be privatized. This has removed the last major barriers for launching full-scale privatization.
The widely discussed draft law 1210 has finally been signed by the President of Ukraine and come into effect on May 23 (Law No. 466). This is why business will have to adjust to new rules of the game. The Law mostly aims to implement the main measures under the BEPS Project, which our state undertook to do as early as in December 2019 by ratifying the MLI Convention.
The global financial crisis and the COVID-19 pandemic are impacting businesses all over the world so badly that many operations have stopped, exports have fallen and imports are being replaced by domestic consumption, and international corporations had to put on hold any expansion plans and their forays into other markets.
“Ukraine is gradually returning to normal operations,” says Valentyn Gvozdiy, Managing Partner at Golaw in Kyiv, but he admits the preceding period has been difficult. “Most companies had to face many challenges of finding new ways to work in a short time span. Closing of industries and venues, self-isolations and lockdowns, strict bans on business activities, and public events were important measures needed to prevent and fight this virus. However, experienced managers understand the situation and fortunately knew how to cope with the issues that arose with the COVID-19 outbreak.”
As of November 2019, certain RES producers have been intermittently forced to reduce their output or halt production of electrical energy altogether under the commands of Ukraine’s transmission system operator, NEC Ukrenergo. DTEK, along with several other large market players led the call for limitations. Many of the country’s RES producers have become alarmed.
GOLAW team is gathering and updating constantly the information on the legal aspects of the combating COVID-19 in Ukraine. Laws and regulations adopted by the central government introduce specific extraordinary measures affecting both businesses and everybody personally. Brief summary of the latest legislation aimed at preventing and combating COVID-19 is laid down below.
On March 31, 2020 Verkhovna Rada of Ukraine enacted the Law of Ukraine "On amendments to certain legislative acts of Ukraine concerning turnover of the agricultural land" (Bill No. 2178-10) (hereinafter referred to as the "Law"). The Law is set for signature of the President of Ukraine and will take effect on July 1, 2021.
On March 17, 2020 a law (bill No. 3219) came into force that included quarantine established by the Cabinet of Ministers of Ukraine in the list of force majeure events. Will this be a tool that allows Ukrainian businesses to drop their obligations without any consequences? In most cases – no, because force majeure is not as easy as it might seem at first glance.
According to information posted on the official website of the State Enterprise "Guaranteed Buyer" (hereinafter - "Guaranteed Buyer"), as of April 01, 2020, the state enterprise had indebtedness to the producers of electricity from RES in the amount of approximately 34% for February 2020. Quite recently, the Guaranteed Buyer also had significant debt for the last months of 2019.
The State continues to respond to the situation with COVID-2019 and promptly adopt regulations to resolve the quarantine-related issues. On March 30, 2020, a law intended to provide for significant changes in the field of labor relations was adopted. Let us consider the major changes and their impact on employers and employees.