Article 2 of Ukrainian Law «Concerning the legal status of foreigners and persons without citizenship» determines, that foreigners and persons without citizenship possess the same rights...
...and freedoms and execute the same duties, as Ukrainian citizens, if other is not foreseen by Constitution and international agreements of Ukraine.
In accordance to the civil-judicial code of Ukraine, foreign citizens possess the same judicial rights and duties, as other Ukrainian physical an judicial persons, if other is not foreseen Constitution and international agreements of Ukraine.
The 1-st point of st.129 of the Economic code of Ukraine determines, that foreigners during their economic activity in Ukraine use the same rights and possess the same duties, as all the Ukrainian citizens.
Foreigners, arrived in Ukraine for work on a certain term, can carry on labour activity in obedience to the permission on employment in accordance with Decision of CMU «Concerning the assertion of registration Order for the foreigners and persons without citizenship permission on employment in Ukraine» from 01.11.1999, ?2028. Permission is registered by an enterprise invited a foreign citizen for this work.
Foreign citizens – physical persons could make civil legal contracts (agreement about providing of services, contract of work and labour etc.), labour contracts getting the permission for employment/ They also could be registered as a subject of entrepreneurial activity — a physical person, could be registered as a founders, co-founders, shareholders of enterprises in Ukraine with the purpose of getting the profits, including income, charged extra as percents for shares or as the payments in company regulation fund.
Thus, foreign citizens dwelling in Ukraine constantly or temporally, can get the types of profits as follows:
1. Labour activity profits – as a salary, if a foreigner carries out labour activity on the basis of employment permission, given out in the order setting by the Law.
2.Entrepreneurial activity profits, if a foreigner is registered as a entrepreneurial activity subject - physical person, or if he (she) is a founder or a co-founder of enterprises in Ukraine.
The salary and the other profits of foreigners, getting on the territory of Ukraine, according to his (her) will, could be transferred to the bank accounts in country of permanent foreigner`s residence, or included as payments in regulation fund of the enterprise.
It should be marked, that the profits of foreigners, getting on territory of Ukraine, as well as Ukrainian citizen`s profits, are assessed by taxes, according to the 2-nd St. of «Law of Ukraine concerning the a taxes for profits of physical persons».
But unlike the Ukrainian citizens, a foreigner could choose between payment of taxes on Ukrainian territory, or on a territory of country of his (her) permanent residence. In avoidance of double taxation there are bilateral international agreements confirmed between Ukraine and many foreign states. In accordance to them, the profits, paid by foreign citizens, could either be free of taxation, or assessed on a less rates than is foreseen by the Ukrainian legislation.
In case profits are paid by the enterprise in behalf on a foreign citizen, and an international agreement to avoid the double ta?ation between Ukraine and foreign citizen`s country is signed, this enterprise should to apply rules, set in a such international agreement. The norms of these international agreements are applicated according to the Order ?470 from 06.05.2001.
Thus, it is possible to draw conclusion, that in accordance to the Ukrainian legislation, foreigners possess the same rights on getting profits from their activity, as the citizens of Ukraine.
By: Veronika Kotova
Soutce: www.intercredit.com.ua