Legislative Review (January 2026): Analysis of Fiscal Risks and New Employer Obligations

1. New year — new rules

For Ukrainian business, 1 January 2026 became not just the start of a calendar cycle, but an entry point into an updated regulatory reality. Retailers, manufacturers, and SMB service companies face a двойний challenge: on the one hand, the state tightens control in high-risk segments; on the other, it keeps certain «windows of opportunity» so businesses can maintain liquidity and avoid unnecessary costs under unstable conditions.

The main task for a business owner today is to filter critical changes from informational noise in time. From caps on social payments to nuances of working with non-residents, each item has a specific financial cost. Below is a brief guide to the changes that became relevant in January 2026, with a focus on practical consequences and minimizing legal risks.

2. POS terminals: a strategic window for microbusiness

The state has again postponed the obligation to ensure the possibility of cashless payment for the most vulnerable segments. This is specifically about accepting cashless payments (acquiring, payment devices/instruments), not about ECR or cash registers.

The changes were introduced into the rules related to CMU Resolution No. 894 through the new Resolution No. 1768.

Deadlines were postponed for:

• Sole Proprietorships on the single tax (Group 1),

• trade via vending machines,

• mobile and out-of-premises trade,

• sale of self-grown or self-fattened agricultural produce.

The new term is 3 months after the termination or cancellation of martial law.

The practical meaning of this decision is simple: microbusiness gets time so it does not have to spend scarce resources on connecting and servicing acquiring equipment under unstable energy supply, communications, and logistics.

Another important nuance: for certain territories linked to hostilities or occupation, additional exclusions/special rules for applying the requirements apply. If your business operates under such conditions, it is worth checking the current status of the territory and the application regime specifically for your location.

3. Electric vehicles get more expensive, while the «energy package» remains tax-exempt

From 1 January 2026, taxation rules change for certain categories of vehicles and energy equipment (in particular due to legislative changes in 2026).

3.1. Electric cars: VAT 20% returns

The preferential period has ended. From now on, the import and supply (sale) of certain vehicles with electric motors are taxed at the standard 20% VAT rate.

It is important to distinguish two situations:

1. Import (customs clearance)
   VAT on import is paid under customs rules regardless of whether the importer is a VAT payer.

2. Domestic supply within Ukraine (sale/resale)
   VAT is charged only when the seller is registered as a VAT payer. If the seller is not a VAT payer (for example, an individual or an entity without VAT registration), they do not «charge» VAT, but this does not change the fact that the tax benefit has ended at the legislative level.

Another critical nuance for the market: if the sale takes place after 01.01.2026, the transaction for a VAT payer is taxed under the current rules regardless of when the vehicle was actually imported into Ukraine.

3.2. Generators and autonomy: the benefit is extended until 01.01.2029

The VAT and duty exemption for defined categories of energy equipment (including generators and components) has been extended until 01.01.2029. This is a direct incentive for businesses to keep investing in energy independence.

Practical tip: benefits are usually tied to specific lists/UCFEA codes and application conditions. Before importing or purchasing under the benefit, it is worth verifying codes and formal requirements to avoid additional assessments due to «the wrong code» or «the wrong configuration».

3.3. Defense goods: the benefit until 01.01.2027 and an important change

For defined categories of defense goods (including certain types of UAVs, thermal imagers, radios, etc.), the preferential regime has been extended until 01.01.2027.

A positive change for business: for transactions covered by the relevant benefits for such goods, from 2026 the «compensating» and «allocating» VAT liabilities (in particular the mechanisms related to Articles 198.5 and 199.1 of the Tax Code of Ukraine) do not apply. This reduces the risk of tax disputes and simplifies accounting where a business supplies preferential goods not only within narrow scenarios.

4. Social standards 2026: from minimum wage to maximum caps

The 2026 budget set the minimum wage at UAH 8,647. For an employer, this means a new cost architecture and new limits.

4.1. Unified Social Contribution

• Minimum Unified Social Contribution: UAH 1,902.34 per month.

• Maximum base for Unified Social Contribution accrual: UAH 172,940.

4.2. Sick leave and maternity (caps)

• For persons with an insurance record of less than 6 months over the last 12 months: the cap per 1 day of sick leave is UAH 284.07; maternity is UAH 568.13.

• Maximum amount for high incomes: capped at UAH 5,681.34 per day.

4.3. Unemployment

• Maximum benefit: UAH 8,647.

• Standard minimum: UAH 3,900.

• For youth without work history and persons dismissed for disciplinary violations: UAH 1,650.

Consulting note for the employer: you cannot «top up» an employee to the minimum wage (UAH 8,647) through night/overtime premiums, anniversary bonuses, extra pay for adverse conditions, or travel-related allowances. Such payments are accrued on top of the minimum wage. This is a typical area of fine risks during State Labor Service inspections.

5. STS audit plan: «white list» criteria

The tax authority strengthened its risk-based control model. The 2026 audit plan focuses on sectors with a higher risk of underpayments and abuses: fuel retail (gas stations), food retail, the tobacco market, and gambling.

Inclusion in the plan depends on the risk level and sector specifics. At the same time, companies included in the «List of taxpayers with a high level of voluntary compliance» are typically not included in the schedule of documentary planned audits. Businesses located in territories of active hostilities or occupation are also not included (under defined rules).

An important note: «not included in the plan» does not mean full immunity. Other control formats (desk, factual, unscheduled audits) have their own grounds and do not depend on whether a taxpayer is in the audit plan.

6. Vacation schedule: a mandatory standard for everyone

The law does not provide exceptions for small business forms. Even if you are a Sole Proprietorship with one hired employee, a vacation schedule must be оформлений.

Action plan for the employer:

1. Approval: by an order of the company/Sole Proprietorship.

2. Coordination: with the trade union or an authorized representative of the workforce (if applicable in your organization).

3. Compliance: the main part of annual leave must be at least 14 календарних days.

Certain categories of employees (persons with disabilities, parents of children, minors, etc.) have the right to take leave at a convenient time. If the schedule is set «rigidly» without considering such rights, this may lead to a conflict with an employee and a formal risk for the employer.

7. Financial control: non-residents, transfer pricing, and FX rules

In working with foreign counterparties, 2026 brought nuances that require special attention from accountants and lawyers. The risk here is not theoretical: a mistake in documents or retention periods can turn into additional assessments, fines, and a long audit.

7.1. 15% tax on non-residents’ income in corporate rights transactions

When a non-resident sells corporate rights in a Ukrainian company, a 15% tax obligation may arise.

Key point: the tax base is the profit (the difference between the sale price and документально confirmed acquisition costs). If the non-resident does not provide evidence of costs, the tax risk shifts toward the entire transaction amount becoming taxable because there is nothing to prove the expense part.

Practical tip: request in advance a document package from the counterparty confirming the history of acquiring the corporate rights (contracts, payments, value confirmations). This is cheaper than proving everything during an audit.

7.2. Transfer pricing

The «arm’s length» principle requires long-term document discipline:

• documentation must be kept for 2,555 days (7 years);

• audits in this area may last up to 30 months.

This means transfer pricing is not «one report once a year», but a system: pricing policy, evidence base, correct contract structure, and readiness to defend the position over a long horizon.

7.3. NBU FX easing: the «loan limit» from 14 January

From 14 January 2026, a new «loan limit» applies. Residents who received foreign currency loans/borrowings from abroad after 01.01.2026 have the right to conduct FX operations to repay the principal within the amount of funds that actually entered Ukraine.

Practical takeaway: FX operations become more predictable for those who attract external financing in a compliant manner and can document the inflow of funds. Without supporting documents, the limit will not work: this is not a declaration, but a regime based on evidence.

8. HR and inclusion: new rules and employer liability

In 2026, the reform of approaches to assessing the functioning of persons with disabilities continues. Expert teams assessing a person’s everyday functioning continue their work, and in 2026 procedural clarifications apply.

For the employer, three things matter:

1. Reform instead of MSEC
   The expert team conclusion and the Individual Rehabilitation Program have practical force: they must be taken into account when organizing work, conditions, and, if necessary, workplace adaptations.

2. Quotas
   The employment quota for persons with disabilities is fulfilled only for the main place of work. Part-time employment does not count toward the quota.

3. Reinstatement and insurance record
   The period of forced absence due to unlawful dismissal is counted toward the insurance record only if the Unified Social Contribution is paid (at least UAH 1,902.34 for each month). This changes the logic: a formal court decision on reinstatement is not enough; the correct «financial» action is required.

To prevent January changes from leading to fines, businesses should focus on three areas:

1. Registration discipline
   Submit Form 1-OPP within 10 calendar days if the director or accountant changes (this primarily concerns legal entities and their subdivisions).

2. Archiving
   Review primary document retention periods. For transactions with non-residents and transfer pricing, the logic is simple: if a document is not retained, it «does not exist» in a dispute, and proving your position becomes more expensive than the transaction itself.

3. HR hygiene
   Check that vacation schedules exist and wage accruals are correct, taking into account that the minimum wage is a base, not a «sum where everything can be hidden».

2026 promises to be dynamic. The question is not whether changes will occur, but whether your internal system will withstand them: accounting, documents, HR processes, and financial discipline.