FAQ

Investments
What are the main requirements for an investment project with significant investments?

An investment project applying for state support in accordance with the Law of Ukraine “On State Support of Investment Projects with Significant Investments in Ukraine” (hereinafter referred to as the Law) must meet the following requirements:
1) spheres of implementation: processing industry, production of biogas and biomethane, extraction for the purpose of further processing and/or enrichment of minerals, waste management, transport, warehousing, postal and courier activities, logistics, education, scientific and scientific and technical activity, health care, art, culture, sports, tourism, resort and recreation sphere and electronic communications;
2) form of reproduction: construction, modernization, technical and/or technological re-equipment of investment objects, acquisition of the necessary equipment (equipment) and accessories for it, and may also involve the construction of engineering and transport infrastructure objects;
3) creation of new jobs: at least 10/30/50 new jobs with an average salary that is, respectively, 50%/30%/15% higher than the average salary in the region for the relevant type of activity;
4) the size of significant investments: at least 12 million euros excluding value added tax;
5) project implementation period: not more than 5 years.

What benefits can an investor who implements an investment project with significant investments receive?
  1. Exemption from corporate income tax – for 5 consecutive years from the moment of submission of the application to the regulatory authority (except for projects in the fields of extraction with the purpose of further processing and/or enrichment of minerals).
  2. Exemption from payment of value added tax and customs payments during the import of equipment and machinery (provided that the relevant goods were manufactured no earlier than 3 years before the date of their importation and were not in use).
  3. Construction or compensation of costs for the construction of engineering and transport infrastructure objects (roads, communication lines, means of heat, gas, water and electricity supply, engineering communications, etc.) necessary for the implementation of an investment project with significant investments (except for projects in the field of iron ore enrichment);
  4. Establishing a lower rate of land tax and rent for state and communally owned land or exemption from payment of land tax (except for projects in the fields of extraction for the purpose of further processing and/or enrichment of minerals).
  5. A simplified procedure for providing a land plot of state or communal property for use (rent) and with a preferential right to acquire such a land plot for ownership after the expiration of the special investment contract.
  6. Reimbursement of costs for connection and connection to engineering and transport networks.
  7. Exemption from compensation for losses of forestry production.
How to calculate the amount of significant investments for the implementation of an investment project with significant investments?

The total volume of significant investments in investment objects (non-current assets) is calculated without taking into account value added tax and includes all capital costs that have been and/or will be invested in the construction, modernization, technical and/or technological re-equipment of investment objects (including capital costs for design), the purchase of the necessary equipment (equipment) and accessories for it and the construction of the necessary objects of engineering and transport infrastructure in the process of implementing the investment project. Costs unrelated to the implementation of the investment project cannot be included in the total volume of significant investments.

How many forms of state support can be chosen?

The applicant can choose any forms of state support provided by law, but the total amount of state support for all selected types should not exceed 30% of the planned amount of significant investments.

Can an investor with significant investments introduce another economic activity unrelated to the implementation of an investment project with significant investments?

According to Part 5 of Article 1 of the Law, an investor with significant investments is a legal entity registered in Ukraine, which was specially formed for the implementation of an investment project with significant investments and whose economic activity is directed exclusively to the implementation of an investment project with significant investments and the execution of a special investment contract. Other economic activities, except those related to project implementation, cannot be carried out by an investor with significant investments.

Can the applicant and the investor with significant investments be the same legal entity?

The applicant must take steps to create a legal entity — an investor with significant investments. If the applicant is a legal entity registered in Ukraine, specially formed for the implementation of an investment project with significant investments, and meets all the requirements and restrictions established by law, it can become a party to a special investment agreement as an investor with significant investments.

How can an investment project get the status of an investment project with significant investments and apply for state support?

The applicant must prepare an application and submit it to the Ministry of Economy of Ukraine. If the application meets all the requirements of the legislation, the Ministry of Economy of Ukraine issues a conclusion on the feasibility of implementing the investment project and signing a special investment agreement.

After signing a special investment agreement, the project receives the status of an investment project with significant investments and can receive state support.

Is it possible to make significant investments before submitting an application to the authorized body and signing a special investment agreement?

No earlier than 18 months before the date of submission of the application to the Ministry of Economy of Ukraine, the applicant may make significant investments in investment objects in an amount not exceeding 30% of the total amount of significant investments required for the implementation of the investment project with significant investments.

Can an investment project simultaneously apply for state support and state incentives in accordance with the Law of Ukraine "On Industrial Parks"?

n investor with significant investments can apply for state support only if he is another subject of an industrial park that does not have the right to receive state incentives in accordance with clause 9 of part 1 of article 1 of the Law of Ukraine “On Industrial Parks”.

What is the consequence of exceeding the total amount of significant investment that was indicated in the initial application?

If, during the implementation of a special investment agreement, the actual volume of significant investments is greater than that stipulated in such an agreement, the total amount of state support remains unchanged.

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