Understanding VAT for SaaS in Ukraine

Navigating SaaS sales tax in Ukraine requires a thorough understanding of the country’s unique Value-Added Tax (VAT) system. First established in 1992 and currently set at a standard 20.0%, understanding the VAT landscape and your subsequent compliance requirements will help you ensure smooth operations. Notably, Ukraine offers a 7.0% reduced VAT rate for specific categories, such as distance learning services delivered over the internet with human interaction. However, businesses must be vigilant with record-keeping as VAT-related documentation, including invoices, returns, transaction details, electronic records, and supporting documents, needs to be retained for a minimum of 10 years.

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Ukraine

Ukraine implemented a VAT system in 1992 to enhance revenue generation and modernize its tax framework.

Official government link: State Tax Service

20.00%

E-products and services VAT/Sales tax rate

7.00%

Reduced tax rate

Reduced tax rate product categories

No specific digital goods or services have reduced tax

Exempted product categories

Distance learning services provided over the Internet are exempt from VAT if they involve human participation or interaction between the teacher and students.

Reverse charge mechanism for B2B sales

Yes

Tax ID validation required

Yes

When do you have to register

Once the threshold has been exceeded

Online registration possible

Yes

Local representative needed

No

Registration procedure

To register as a taxpayer, an application must be submitted digitally through a special portal to the central executive body. Along with the application, an extract from the trade register and a tax certificate from the country of incorporation are required. The application should include registration details in the incorporation country, identification data of the non-resident, representative’s information, email address, reason for registration, information on exceeding the threshold, and the preferred foreign currency (euro or US dollar) for tax payments.

List of digital and electronic services liable for tax

Digital Copies and Access: Subscriptions to digital newspapers, magazines, and books; access to and downloads of photos, graphics, and videos.
Database Access: Use of search engines and directory services online.
Audiovisual Works: Access to digital copies of videos, audio education, games, and TV programs (excluding live broadcasts).
Digital Resources: Access to information, commercial, and entertainment resources on public platforms.
Distance Learning: Online courses that don’t require human participation, including virtual classrooms and automated grading.
Cloud Services: Provision of computing resources, storage, and digital communication systems using cloud technology.
Software: Supply and updates of software, including remote maintenance.
PR and Advertising: Online PR services and advertising space, including banner ads on websites.

Penalties

Non-residents supplying digital services in Ukraine without VAT registration can face additional VAT liabilities based on the amount of services supplied, and may be required to register as VAT payers. Unregistered non-residents can incur a tax penalty of 30 minimum wages (approximately EUR 6,000 as of 2021). If the VAT registration threshold of UAH 1 million was exceeded in 2021, registration should have been completed by March 31, 2022, with late registration potentially resulting in penalties. Quarterly VAT returns filed late by non-residents are subject to unspecified penalties, and late payment of VAT also incurs penalties. Overall, Ukraine imposes significant penalties for non-resident digital service providers who fail to register for VAT, register late, file returns late, or pay VAT late, including back-taxes, registration requirements, and substantial fines.

Registration threshold

UAH 1 million USD 24.200

Filing interval

Quarterly

Filing deadline

Within 40 days after the end of each quarter

E-invoicing requirements

Not mandatory, only B2G sales are mandatory

Record keeping

The following must be kept for at least 10 years: Invoices, VAT Returns, Transaction Records, Electronic Records and Supporting Documentation

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VAT Compliance in Ukraine: Filing, Payments, and E-invoicing

Maintaining VAT compliance also involves adhering to specific filing and payment deadlines. In Ukraine, VAT returns must be submitted quarterly, with payments due within 40 days following the end of each quarter. Timely filings and payments are crucial for avoiding potential penalties or administrative hassle. Additionally, while e-invoicing isn’t currently mandatory for businesses in Ukraine, except for B2G sales, adopting this approach can streamline your record-keeping, simplify compliance, and offer greater transparency. Remember, consistency and accuracy are paramount when it comes to VAT compliance.

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Expert VAT Guidance and Technology

To ensure seamless and efficient SaaS operations, seeking guidance from qualified tax professionals in Ukraine is highly recommended. These experts can assist you in navigating the VAT system, ensuring accurate compliance with regulations, and handling any complex situations that may arise. Their specialized knowledge and experience will be instrumental in mitigating potential risks and safeguarding your business interests. Additionally, leverage technology to your advantage. Utilizing sophisticated software solutions designed to manage VAT calculations and automate filings can significantly reduce administrative burden and minimize the risk of errors.

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