Peculiarities of registration of non-residents

Clause 64.5 of the TCU stipulates that non-residents (foreign legal entities, organizations), in particular, opening accounts with Ukrainian banks (except for correspondent accounts opened with non-resident banks), other financial institutions, non-bank payment service providers, or opening electronic wallets with electronic money issuers in accordance with Article 64 of the Law of Ukraine No. 1591-IX "On Payment Services" dated 30.06.2021 "On Payment Services", are required to register with the regulatory authorities.

Non-residents (foreign companies, organizations) are not subject to registration in the Unified State Register of Enterprises and Organizations of Ukraine (EDRPOU) and are not included in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations, but are registered with the supervisory authorities under the tax number assigned to a non-resident in accordance with the requirements of the Procedure for Taxpayer Registration approved by Order of the Ministry of Finance No. 1588 dated 09.12.2011.

Registration with the supervisory authority of a non-resident is carried out upon the occurrence of the first of the events specified in clause 3.4 of section III of Procedure No. 1588, no later than the next business day after the date of receipt from the non-resident of the documents specified in clause 4.4 of section IV of Procedure No. 1588, which he is obliged to submit before opening an account/electronic wallet in Ukraine, to the supervisory authority at the location of the bank, other financial institution, non-bank payment service provider/electronic money issuer where the account/electronic wallet is opened.

The procedure for registering, keeping records and deregistering non-residents is set forth in the Procedure for Taxpayer Registration approved by Order of the Ministry of Finance No. 1588 dated December 09, 2011.

The main place of registration of a non-resident is the supervisory authority where the non-resident is registered as a corporate income tax payer, and in the absence of such registration, the supervisory authority where the non-resident is registered under the first event rule.

The document confirming the registration of a non-resident legal entity with the regulatory authorities is a certificate of registration in the form No. 34-OPP.

Data on the registration of non-residents is included in the register of non-resident taxpayers with the appropriate attribute.

In case of registration of foreign companies and organizations as taxpayers with the controlling authorities, no later than the next business day after the date of registration, the controlling authority at the main place of registration shall issue a certificate of registration of a taxpayer, information on which is not subject to inclusion in the Unified State Register in the form No. 34-OPP, to the payer.

For foreign companies and organizations, depending on the first event or grounds for registration, such a certificate shall contain information on the location of a separate subdivision, permanent establishment, non-resident's real estate, bank or other financial institution, non-bank payment service provider/electronic money issuer where an account/electronic wallet is opened, and the location of the Ukrainian legal entity whose investment assets are acquired.

In view of the above, and based on the first event rule established by clause 64.5 of the TCU, if a non-resident opens a second or subsequent account/e-wallet, neither the grounds for registration, nor the main place of registration of the non-resident, nor the location of the non-resident will change.