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Hennadiy Voytsitskyi

Hennadiy Voytsitskyi heads Baker McKenzie's Tax Practice Group in Kyiv, which was named Ukraine Tax Law Firm at the International Tax Review's 2016 European Tax Awards. He has more than 20 years of experience practicing in Ukrainian and international tax law. Mr. Voytsitskyi is named among the best legal professionals by Legal Experts Europe, Middle East & Africa 2012-2015, one of the leading practitioners of tax law by Legal 500 Europe, Middle East & Africa 2011-2015, and among the Leading Individuals 2012-2015 Band 2 according to the Chambers Europe 2012-2015. He is among the top 100 tax lawyers in Ukraine according to Client's Choice 2010-2015, based on a Yurydychna Gazeta survey of in-house counsel from 2,000 major companies in Ukraine. Mr. Voytsitskyi participated in a working group led by the National Bank of Ukraine on development of draft legislation for the introduction of controlled foreign companies and implementation of BEPS Actions.

On 1 January 2022, the CFC rules became effective in Ukraine. For the novelty of the concept and the imperfections of the underlying legislation, many provisions of the applicable CFC rules call for clarification, elaboration, or further guidance.
In this context, on 2 May 2023, the Parliament of Ukraine passed – in the first (of typically two) readings – Bill No. 8137 “On Amendments to the Tax Code of Ukraine with respect to Enhancement of the Taxation of Controlled Foreign Companies” (“Amending Bill”), aimed at addressing most pressing issues pertaining to the application and interpretation of the CFC rules.

On 15 June 2021, the Parliament of Ukraine adopted a law commonly referred to as the Tax Amnesty Law1 (“Law”), which introduces voluntary disclosure program with respect to unreported taxable income and assets. On 21 July 2021, the Law entered into force. By its terms, the tax amnesty will be available from 1 September 2021.

This handbook Conducting Business in Ukraine 2021 has been prepared by the attorneys of Baker McKenzie’s Kyiv office as a general guide for companies operating or considering investing in Ukraine. It is intended to present an overview of the key aspects of the Ukrainian legal system and the regulation of business activities in the country

In brief On 25 February 2021, the President of Ukraine submitted to the Parliament of Ukraine Bill No. 5153 “On Amendments to the Tax Code of Ukraine on Stimulating the Regularization of Income and Improving Tax Culture of Citizens by Introducing Voluntary Disclosure by Individuals of Their Assets and Payment…

On 23 May 2020, the Law of Ukraine “On Amendments to the Tax Code of Ukraine Purposed to Improve the Administration of Taxes, Eliminate Technical and Logical Inconsistencies in the Tax Legislation” (“Anti-BEPS Law”) became effective with certain provisions being phased out.

At the same time, certain provisions of the Anti-BEPS Law have called for the extension of their entry into force or elaboration thereof.

To this end, on 14 July 2020, the Parliament of Ukraine passed Law of Ukraine No. 786-IX “On Amendments to the Tax Code of Ukraine with respect to Functioning of the Electronic Cabinet and Simplification of Work of Private Entrepreneurs”, which entered into force on 8 August 2020.

In addition, on 17 December 2020, the Parliament of Ukraine adopted the Law of Ukraine “On Amendments to the Tax Code of Ukraine and Other Laws of Ukraine to Ensure the Collection of Data and Information Required for Reporting of Certain Income Subject to Taxation” (“Amending Law”).

On 1 January 2021, the Amending Law became effective.