Investing in Ukraine: everything foreigners need to know if they want to invest in the Ukrainian economy

Investing in Ukraine offers prospects for foreigners, but requires knowledge of certain legal aspects. Learn more about the legislation, tax benefits, forms of investment and guarantees of investor protection in Ukraine

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Investing in Ukraine's economy opens up wide opportunities for foreigners. However, before investing, it is necessary to take into account key aspects regulated by law. The main legal issues that everyone should know are described in the article below.

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How to invest in Ukraine?

First of all, you need to learn about the main aspects of investing: the legal framework, available forms of investment, protection guarantees, tax benefits, migration nuances and possible risks.

Legal framework for investment

Ukraine guarantees protection of the rights of foreign investors in accordance with the following legal acts:

● The Law of Ukraine “On the Regime of Foreign Investment” (1996): The main law defining the conditions for foreign investors, their rights and guarantees.

● Civil Code of Ukraine (2004): regulates contractual relations, including investment agreements.

● The Tax Code of Ukraine (2010): establishes tax benefits and obligations for foreign investors.

● The Law of Ukraine “On Currency and Currency Transactions” (2019): provides for freedom of capital movement for foreign investors.

Available forms of investment

Foreigners can invest in Ukraine in the following forms:

1. Cash contributions: the investor's currency must be converted into hryvnia through Ukrainian banks;

2. Real estate: purchase of commercial or residential real estate;

3. Corporate rights: investments in the authorized capital of Ukrainian companies;

4. Securities: purchase of shares, bonds, etc.

According to Article 3 of the Law of Ukraine “On the Regime of Foreign Investment”, investments can be either direct (contribution to a company) or portfolio (investment in shares).

Guarantees of protection of foreign investors in Ukraine

Ukrainian legislation provides the following guarantees:

● Protection against expropriation: according to Article 7 of the Law on the Regime of Foreign Investment, investments are not subject to nationalization or requisition, except in the case of a state of emergency with compensation.

● Free withdrawal of capital: foreign investors may freely repatriate profits, dividends and other income in accordance with Article 12 of the Law.

● The right to international arbitration: disputes may be settled in Ukrainian courts or international arbitration tribunals, as provided for in bilateral investment treaties.

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Tax benefits

Foreign investors may benefit from the following tax advantages:

1. Benefits in special economic zones (SEZs): participants in investment projects in SEZs are exempt from income tax for a certain period of time.

2. Tax treaties: Ukraine has double taxation treaties with over 70 countries.

Migration peculiarities

To carry out investment activities, foreigners may obtain:

1. Temporary residence permit: if a foreigner is the founder of a company in Ukraine.

2. Long-term visa (type D): to start a business or work in Ukraine.

Risks and recommendations

Foreigners planning to invest in Ukraine should consider potential risks:

● Bureaucracy: paperwork may take longer than in European countries, for example.

● Legal disputes: it is important to have a legal representative to resolve possible conflicts.

● Currency fluctuation risks: the conversion of investments may depend on the hryvnia exchange rate.

By the way, we have described in detail which industries foreigners consider the most profitable and what risks stop them from investing in Ukraine in a previous article.

Recommendations:

● Engage an experienced lawyer to draft contracts;

● Study your country's tax treaties with Ukraine;

● Check the reputation of business partners through open registers.

Investing in Ukraine can be profitable if properly planned and compliant with the law. Protection guarantees, tax benefits and simplified procedures for foreign investors make Ukraine an attractive market for investment. However, it is important to take into account local peculiarities and risks to avoid unforeseen situations.

Contacting Visit Ukraine specialists can greatly facilitate the process and minimize the risks. Sign up for a consultation to get qualified assistance - our lawyers will provide you with full support and assistance at every stage.

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We remind you! Ukraine is becoming an increasingly attractive destination for foreign entrepreneurs, offering various forms of doing business and favorable conditions for development. Read more about the peculiarities of registering a sole proprietorship, LLC and obtaining e-residency for foreigners in Ukraine in our previous article.

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