Rumors are spreading that Ukraine plans to change the legislation and return the so-called "zero" customs clearance. It turns out that this is not the case. Experts of the Institute of Car Market Research analyzed draft laws concerning the import of cars into Ukraine and assessed the likelihood of their adoption.
"Zero" customs clearance for those who lost their cars due to the war
Details of the draft law: No. 9209 dated 04/14/2023
What is the point? The document proposes to give an opportunity to bring a car without paying customs payments (customs, VAT and excise duty) instead of the one lost due to hostilities — both to individuals and to legal entities (enterprises and organizations).
What are the nuances? For confirmation, it will be necessary to provide documents confirming the fact of the destruction or theft of the vehicle during the period when hostilities were conducted in a certain territory of Ukraine, in particular:
- an extract from the Unified register of pre-trial investigations in criminal proceedings initiated on the basis of the ownerʼs statement about the theft of the vehicle, which was submitted by the owner no later than one month after the cessation of hostilities in the relevant territory;
- an extract from the Unified register of pre-trial investigations in criminal proceedings initiated on the basis of the ownerʼs application for damage to the vehicle, which was submitted by the owner no later than one month after the cessation of hostilities in the relevant territory, as well as a report, act or conclusion on the assessment made by the appraiser or by an expert in accordance with the legislation, who established that the vehicle is not subject to restoration ).
At the same time, only residents of the territories where hostilities are (were) taking place, indicating the date of start and end of hostilities, the list of which is approved by the authorized state body, will be able to use this right.
There are no restrictions on further use or sale of a car imported in this way.
What are the disadvantages? A complex bureaucratic procedure. Not all Ukrainians who lost their cars had time to submit appropriate reports about the theft or loss of their cars within a month of the end of hostilities in certain territories. A small number of citizens will be able to take advantage of the opportunity.
Stage of passage of the draft law : initial. There was no consideration in the relevant committees of the Verkhovna Rada.
Zero customs clearance for combatants
Details of the draft law: 9058 dated 23.02.2023
What is the point? The document offers an opportunity for combatants to bring one car from abroad without paying taxes. It is not necessary to cross the border in person — the project provides for the possibility of importing such a machine by proxy by other persons. The car must be handed over to the owner no later than three months after customs clearance.
What are the nuances? It is prohibited to sell or transfer to another person a car imported under the terms of the law for three years.
What are the disadvantages? Limiting the sale of cars for three years will not eliminate the possibility of abuse, because cars will be able to be sold to other people "on the technical passport" — that is, simply by handing over the registration certificate. There is no mechanism for prosecution for such an action. On the other hand, the restriction deprives the ability to dispose of oneʼs own property in the event that there is a critical need for money. Also, since the war is ongoing, cars imported in this way may be destroyed as a result of hostilities, and the draft law does not provide for the possibility of importing another car to replace the lost one.
Stage of passage of the draft law : initial. There was no consideration in the relevant committees of the Verkhovna Rada.
Returning "evroblakh" — importing a car without customs clearance
Details of the draft law: 9473 dated 07/10/2023
What is the point? The document envisages increasing the maximum period of stay in a foreign-registered car for citizens of Ukraine who are on temporary consular registration abroad — from 60 days to one year.
What are the disadvantages? On the one hand, the project can solve the problem of Ukrainians who were forced to go abroad as a result of the war, if they often come to their relatives in cars purchased and registered abroad. They will be able to stay in Ukraine longer. However, on the other hand, given the significant number of Ukrainians abroad and the rather simple procedure of temporary consular registration, this may open Pandoraʼs box and provoke the mass importation of so-called "Euroblakhs" — that is, the importation of foreign-registered cars without customs clearance.
Stage of passage of the draft law : initial. There was no consideration in the relevant committees of the Verkhovna Rada.
So will zero customs clearance return in 2023?
In order to become a valid law, each draft law must go through a long process: registration, consideration in the relevant committees of the Verkhovna Rada, voting in two readings in the parliament hall, and finally receiving the Presidentʼs signature. None of the documents listed above is half way through: all of them are at an initial stage. Therefore, despite the statements of individual politicians, there is no movement towards the adoption of any of them. Therefore , it is impossible to talk about any deadlines for changing the legislation.
Today, it is possible to avoid customs payments only by importing a car as humanitarian aid — for a military unit, a public organization or a charity fund. It is also profitable to import passenger electric cars — their customs clearance will be almost free: only a small excise duty is charged on them (1 euro per 1 kW of battery capacity).
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