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ARTICLE · 16 FEBRUARY 2009

Import Duty On Foreign Investments

Clarification on import duty has been issued by the State Customs Service of Ukraine.

UkraineCorporate/Commercial Law
Adam Mycyk
Adam Mycyk
Olga Burlyuk
Olga Burlyuk

Clarification on import duty has been issued by the State Customs Service of Ukraine.

Contributions in kind by foreign investors to the charter capital of a Ukrainian company are exempt from import customs duty (except for goods intended for sale or personal consumption).

However, duty becomes payable if the goods are sold or transferred within 3 years of importation. The clarification states that liability for the import duty is triggered if, during the 3-year period, the foreign investor transfers his shares in the company, just as when he transfers the goods contributed in kind.

On a more welcome note, the clarification states that liability to pay the import duty is not triggered by loss of status as a company with foreign investment within the 3-year period.

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