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CFC Rules in Ukraine in 2025–2026: Who Must File Notifications and Reports, Applicable Deadlines, Penalties, and Exemptions

After Ukraine introduced controlled foreign company (CFC) rules, thousands of business owners with companies abroad acquired new tax obligations.

Many Ukrainians own companies in Estonia, Poland, the United Kingdom, the UAE, Cyprus, and other countries, but do not always understand when they are required to notify the Ukrainian tax authorities about such a company and file a CFC Report.

Misunderstanding the CFC rules is one of the most common causes of penalties, requests from the State Tax Service, and issues during tax audits.

Let us look at who qualifies as a controlling person, when CFC notifications and reports must be filed, what exemptions exist, and how to avoid common mistakes.

What Is a Controlled Foreign Company (CFC)?

A controlled foreign company (CFC) is a foreign legal entity or a foreign arrangement without legal-entity status that is controlled by a Ukrainian tax resident.

Simply put, if a Ukrainian resident controls a foreign business or has significant influence over its activities, that structure may be treated as a CFC for Ukrainian tax purposes.

Who Is Considered a Controlling Person?

Under clause 39-2.1.1 of the Tax Code of Ukraine (TCU), a controlling person may be an individual or legal entity that is a resident of Ukraine.

Most commonly, controlling-person status arises when a person:

  • directly or indirectly owns more than 50% of a company;
  • owns more than 10% if several Ukrainian residents collectively own more than 50%;
  • exercises de facto control over the company’s activities regardless of the formal size of their ownership interest.

It is the controlling person who is responsible for fulfilling all obligations related to the CFC.

When Must the Tax Authorities Be Notified About a CFC?

Many owners of foreign businesses mistakenly believe that a notification only needs to be filed once.

In fact, the obligation to notify the State Tax Service arises in several cases:

  • acquisition of an interest in a foreign company;
  • incorporation of a new foreign company;
  • acquisition of control over a company;
  • disposal of an ownership interest;
  • loss of control;
  • liquidation of a foreign company.

Under clause 39-2.2.1 of the TCU, the notification must be filed within 60 calendar days from the date of the relevant event. Missing this deadline is one of the most common violations of the CFC rules.

When Is a CFC Report Filed?

In addition to the notification, the controlling person is required to file a CFC Report.

The report is filed together with the annual personal income and property tax return.

The report includes:

  • information about the foreign company;
  • ownership structure;
  • financial indicators;
  • the amount of the CFC’s profit;
  • grounds for applying exemptions or exceptions;
  • information about taxes paid abroad.

The foreign company’s financial statements are usually used to prepare the report.

Is Tax Payable on CFC Profits?

Not always.

The Tax Code of Ukraine provides for a number of cases in which the adjusted profit of a CFC is not included in the taxable income of the controlling person.

In particular, exemptions may apply depending on:

  • the jurisdiction in which the company is registered;
  • the existence of an international treaty with Ukraine;
  • the amount of the CFC’s income;
  • taxes actually paid abroad;
  • other criteria provided for by Article 39² of the TCU.

Therefore, even if the company pays taxes abroad, CFC reporting still requires a separate analysis.

What Documents Are Needed to Prepare a CFC Report?

It is advisable to start preparing the documents in advance.

Depending on the company’s country of registration, the following may be required:

  • constitutional documents;
  • an up-to-date extract from the register;
  • documents relating to the ownership structure;
  • financial statements;
  • documents confirming payment of taxes;
  • bank statements;
  • documents relating to dividend payments;
  • information about subsidiaries and other structures.

In practice, obtaining documents from abroad often takes the most time.

What Penalties Apply for Violations of the CFC Rules?

The Tax Code of Ukraine provides for significant financial penalties for:

  • failure to file a CFC notification;
  • failure to file a CFC Report;
  • late filing of reports;
  • submission of incomplete information;
  • failure to provide supporting documents.

The amount of the penalty depends on the specific type of violation and can be substantial.

This is why compliance with CFC requirements should be monitored before the reporting deadlines arise.

Do Penalties Apply During Martial Law? (link to detailed article)

This is one of the most common questions among owners of foreign businesses.

Due to amendments introduced by Law No. 3706-IX and subsequent legislative changes, penalties for most violations of the CFC rules committed during martial law are temporarily not applied.

However, this does not mean that CFC obligations have been cancelled.

Controlling persons must fulfil their obligations after martial law ends within the time limits established by law.

Therefore, CFC matters should not be postponed indefinitely.

Common Mistakes Made by Owners of Foreign Companies

In practice, the following mistakes are most common:

  • failure to file a CFC notification;
  • incorrect determination of controlling-person status;
  • lack of financial statements;
  • late preparation of documents;
  • incorrect application of tax exemptions;
  • ignoring the rules on de facto control;
  • the belief that an inactive company is not subject to the CFC rules.

Most of these mistakes can be corrected before filing by conducting a preliminary analysis of the ownership structure.

Practical Example

A Ukrainian citizen owns 100% of a company in Estonia or Poland that provides services to clients in Europe and pays taxes in its country of registration.

Despite this, the owner must analyse:

  • whether controlling-person status arises;
  • whether a CFC notification must be filed;
  • whether a CFC Report must be filed;
  • whether tax exemptions may apply.

The mere fact that taxes are paid abroad does not automatically exempt the owner from complying with Ukrainian law.

Conclusion

The CFC rules have already become an integral part of Ukrainian tax law for owners of foreign businesses.

If you own a company abroad or exercise de facto control over a foreign structure, it is important to assess your notification and reporting obligations in a timely manner.

Timely preparation of documents, correct determination of controlling-person status, and professional analysis of the ownership structure help avoid penalties, unnecessary risks, and disputes with the tax authorities.

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Still have questions about CFCs? Start with a consultation.

Not sure whether you are a controlling person? Don’t know whether you need to file a notification or a CFC Report? Contact us for a consultation. We will help analyse your ownership structure, prepare the required documents, and correctly comply with all requirements of Ukrainian tax law.
Not sure whether you are a controlling person? Don’t know whether you need to file a notification or a CFC Report? Contact us for a consultation. We will help analyse your ownership structure, prepare the required documents, and correctly comply with all requirements of Ukrainian tax law.
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Is it difficult to understand where to start a business abroad? This is what KRYNO is for. 30-minute consultation is free.
Company registration