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In Ukraine, IT Freelancing Under Threat
An anonymous reader writes "According to the new tax law (Google translation; Russian original) that is being developed now and should take effect on January 1, 2011, it will not be possible for a private Ukrainian entrepreneur to provide any services to foreign companies without becoming a full-fledged company with a dedicated bookkeeper. Currently it is possible to perform such services and pay the equivalent of $25 in tax. Instead of raising the tax (which is overall welcomed by the community), the legislators plan to outlaw ISP, e-commerce, and Internet-based services — along with any services provided to foreign entities — for individual entrepreneurs. So starting in 2011, freelancers in Ukraine will have several choices: stop doing freelance work, start working illegally, become a full-fledged company subject to multiple cumbersome rules for taxation, or leave the country."
...individual entrepreneurs need to seek the a tax adviser and foreign or e-commerce based services are outlawed.
So what's the deal ? The situation is then similar to Germany, with the exception that the adviser is not mandatory but practically indispensable (even for freelancers) since the German tax system is the most complicated in the world.
And I can assure you that there are lots of freelancers in Germany.
Is this really such a big deal?
From my understanding there are many countries in the world that requires a registered commercial organization (and all the required administration that follows) to perform certain kind of jobs.
Perhaps sad for the Ukrainian people that working internationally becomes more cumbersome but I can also understand that the state want to keep track of what business is conducted from the country.
The problem is that the majority of Ukrainian freelancers already work illegally.
Corporate entities have a far higher tax payment rate than individuals, especially in the internet sphere where freelancers don't have physical office space or physical deliverables that can be tracked by authorities. Furthermore, individual entrepreneurs providing internet-based services in Ukraine make it hard for the tax-paying corporate entities to compete.
This has become important because Ukraine is set to receive from $19-20 billion from the IMF in the next two and a half years if they can show that they are making progress in reducing their budget deficits, so there's a lot of incentive to try to push tax payments up.
I work in the UK as a freelancer in IT and I need to have my own company, pay taxes and have an accountant.
I used to work in Holland as a freelancer in IT in there I needed to ... you guessed it ... have a company and an accountant.
Even if you don't want to have your own company, there are in fact schemes like "Umbrela Companies" which are in fact accountant managed companies who will temporary "employ" the freelancers and pass them all the income from their contracts minus tax and their part of corporation costs. These are however less tax efficient (you are taxed as an employee and income usually pays more taxes than dividends or capital gains) than just having your own company.
I'm sure Ukraine has some smart accountants who would love to setup some scheme like this.
Somehow I suspect that the real concern here is that freelancers will have to start paying real taxes like everybody else (my hearth weeps) instead of getting their roads, schools and law-enforcement for free.
if you are already doing freelance work, it means you already have connections, resume, and the experience to show for it. leave the country. that will teach them, VERY badly.
Right... so, let them eat cake, basically.
It's difficult to move even to a different city in Ukraine (you need a residence permit). As far as going to work in a different country, the entire international system is basically designed to prevent that. And it's not as if the world is your oyster... Your choices for visa-free travel as a Ukrainian are the former Soviet Union (except the parts that are now EU members) and that's it. You can pick up temporary visa's in-country in Egypt, Syria, Jordan, Thailand and Vietnam.
And nobody gives work visas for freelancers, so you'd be working illegally anyway.
I may be comparing apples to oranges, but...
The IRS costs apx $12 billion, has 1142 "Forms and Instructions" (most seem to be forms). The law is reported to be 3,387 pages itself accompanied by 13,458 pages of regulation spread across twenty volumes.(http://www.trygve.com/taxcode.html)
And that's just the federal tax code. We also must worry about individual state and local tax codes, many of which are nearly as bizarre and convoluted as the federal ones. Definitions frequently differ between the IRS and state agencies.
I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
"Anyone may arrange his affairs so that his taxes shall be as low as possible; he is not bound to choose that pattern which best pays the treasury. There is not even a patriotic duty to increase one's taxes. Over and over again the Courts have said that there is nothing sinister in so arranging affairs as to keep taxes as low as possible. Everyone does it, rich and poor alike and all do right, for nobody owes any public duty to pay more than the law demands." - Judge Learned Hand
Browsing at +1 - no ACs, I ignore their posts. So refreshing!
And it has been so for a long time so, unfortunately, there isn't much of a freelance IT industry around here.
The problem people from countries such as the US and the UK don't seem to understand is that setting up an actual company in Brazil (and I imagine Ukraine to be similar) is that it's a HUGE hassle. By that I mean it's a 2-3 month process, involving more than 10 different government institutions you need to visit in person. You need to get a proper "commercial address", which can't be your home (unless you re-register it as a commercial building, which is another hassle and pays much higher property taxes).
When I worked as a freelancer, I did the math and I would pay about 25% of my earnings in fees and accounting. Then, I would pay income tax (progressive scale which tops at 27.5%) on the remaining 75%. Also, as a freelancer, I would need to pay 20% to social security instead of the regular 11%.
In short, I would end up with roughly ~50% of what I earned. Then I would proceed to buy goods which were already taxed to hell and my purchasing power would be effectively cut in half again (the cheapest Honda Civic here costs US$37K).
I just restricted to working only to foreign companies. The pay was better *and* I wouldn't need to register myself as a company to do that, as the tax code has general provisions for "money from foreign countries". The consequence is that it was very difficult to prove my income whenever needed (home financing, etc), as everything here requires a "regular" proof of earnings.
From my personal experience, I can say that, yes, this is bad news for Ukrainians.