Doing business in Uzbekistan - An introductory guide to taxes and regulations - EY

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Doing business in Uzbekistan - An introductory guide to taxes and regulations - EY
Doing business
in Uzbekistan
An introductory guide
to taxes and regulations
Doing business in Uzbekistan - An introductory guide to taxes and regulations - EY
3   Doing business in Uzbekistan
Doing business in Uzbekistan - An introductory guide to taxes and regulations - EY
Contents
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1. Welcome to Uzbekistan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
    Highlights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2. Getting started. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
    2.1. Arriving in Uzbekistan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
    2.2. Forms of legal presence available in Uzbekistan . . . . . . . . . . . . . . . . . . 8
    2.3. Establishing a legal presence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3. Overview of tax rules in Uzbekistan. . . . . . . . . . . . . . . . . . . . . . . . 12
    3.1. Changes to the Tax Code of Uzbekistan in 2022. . . . . . . . . . . . . . . . . 13
    3.2. Personal income tax (PIT) and social tax. . . . . . . . . . . . . . . . . . . . . . . 13
    3.3. Corporate income tax (CIT). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
    3.4. Withholding tax (WHT) (other than personal income tax) . . . . . . . . . 17
    3.5. Value added tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
    3.6. Other taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
    3.7. Taxes for subsoil mineral users. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
    3.8. Revenue tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
    3.9. Transfer pricing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
    3.10. Tax administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
4. Overview of other laws that affect business administration . . . . . 24
    4.1. Employment regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
    4.2. Work permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
    4.3. Banking regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
    4.4. Currency regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
5. EY in Uzbekistan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
    Supporting our clients in a dynamic landscape . . . . . . . . . . . . . . . . . . . . . 29
    Our major services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
    Contact information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
6. Appendix. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
    A.1. Double tax treaties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
    A.2. List of countries with preferential tax regimes . . . . . . . . . . . . . . . . . . 33

                                                                                  Doing business in Uzbekistan            1
Doing business in Uzbekistan - An introductory guide to taxes and regulations - EY
Preface

2   Doing business in Uzbekistan
Doing business in Uzbekistan - An introductory guide to taxes and regulations - EY
This booklet is intended to provide
useful practical guidance on legal and
tax issues faced by foreign investors
when starting a business in Uzbekistan.
We hope that it will help investors
to avoid common pitfalls, and we
have highlighted areas where some
forethought and planning prevent
problems from arising. Uzbekistan
offers a wealth of opportunities and
places great importance on encouraging
foreign investment in key sectors of the
economy.
This guide has four sections:
1. Welcome to Uzbekistan
2. Getting started
3. Overview of tax rules in Uzbekistan
4. Overview of other laws that affect
    business administration
This guide is a brief summary of the
rules in force as of 1 January 2022.
It is not a substitute for comprehensive
professional advice, which should
be sought before engaging in any
significant transaction or investment.
It should also be noted that this guide
does not cover all taxes in Uzbekistan.
We have focused here on the most
common and important types of taxes.
It is therefore essential to seek separate
advice as to the actual taxes applicable
to any particular business.
We wish you every success in this
exciting and dynamic environment.

                                             Doing business in Uzbekistan   3
Doing business in Uzbekistan - An introductory guide to taxes and regulations - EY
1   Welcome to
    Uzbekistan

4   Doing business in Uzbekistan
Doing business in Uzbekistan - An introductory guide to taxes and regulations - EY
Highlights
Time                                                                         Business hours
Uzbekistan’s time zone is five hours ahead of Greenwich Mean                 Uzbek offices are generally open from 9:00 am to 6:00 pm,
Time (GMT).                                                                  Monday to Friday, and are closed Saturdays and Sundays.

The table below shows time differences between Tashkent and                  Uzbekistan fact sheet
selected cities in the CIS and the world.
                                                                             Capital                    Tashkent
                                                  Hours ahead of or behind   Administration             Uzbekistan consists of 14 administrative units:
 City
                                                   Tashkent (in winter)                                 the Republic of Karakalpakstan, 12 provinces
 Tokyo, Seoul                                                  +4                                       (viloyats) and the city of Tashkent
 Beijing, Hong Kong                                            +3            Bordering countries        Kazakhstan, Kyrgyzstan, Tajikistan,
                                                                                                        Turkmenistan, Afghanistan
 Nur-Sultan, Almaty, Bishkek                                   +1
                                                                             Land area                  448,900 km2
 Tashkent                                                        0
                                                                             Population                 35 million
 Baku, Tbilisi, Yerevan                                        -1
                                                                             Language                   Uzbek
 Moscow, Minsk, Istanbul                                       -2
                                                                             Central Bank               Central Bank of the Republic of Uzbekistan
 Kiev                                                          -3
                                                                             Major cities               Tashkent, Samarkand, Bukhara, Khiva
 Paris, Frankfurt                                              -4
                                                                             Currency unit              Uzbekistan Soum (UZS)
 London                                                        -5
                                                                             Exchange rate as of        USD 1 = UZS 10,837.66
 New York                                                      -10
                                                                             1 January 2022             EUR 1 = UZS 12,224.88
                                                                                                        RUB 1 = UZS 147.07
Public holidays                                                                                         CNY 1 = UZS 1,701.55
The table below lists Uzbekistan’s official public holidays.                 Sources: Official sites of the President of the Republic of Uzbekistan, the Central
                                                                             Bank of Uzbekistan and the State Statistics Committee of the Republic of
 Holiday                                                      Date           Uzbekistan.
 New Year Holiday                              1 January
 International Women’s Day                     8 March
 Navruz                                        21 March

 Day of Memory and Honour                      9 May

 Ramadan Eid                                   First day, e.g. 3 May*
 Kurban Eid                                    First day, e.g. 10 July*
 Independence Day                              1 September
 Teachers’ Day                                 1 October
 Constitution Day                              8 December
*T
  he dates of religious holidays in 2022 are indicated tentatively.
 The dates vary from year to year based on the lunar calendar.

                                                                                                                           Doing business in Uzbekistan            5
Doing business in Uzbekistan - An introductory guide to taxes and regulations - EY
2
Getting
started

6   Doing business in Uzbekistan
Doing business in Uzbekistan - An introductory guide to taxes and regulations - EY
2.1. Arriving in Uzbekistan                   Luxembourg, Malaysia, Malta, Mexico,    • Nationals of certain countries who
                                              Monaco, Mongolia, Montenegro,             hold diplomatic passports and have
                                              Netherlands, New Zealand, Nicaragua,      appropriate accreditation
Should you require assistance                 Norway, Panama, Poland, Portugal,
in planning and managing your                                                         • Holders of a red UN Laissez-Passer, a
                                              Saint Kitts and Nevis, Saint Lucia,
human capital needs, EY can advise                                                      diplomatic travel document issued by
                                              Saint Vincent and the Grenadines, San
on and assist with obtaining work                                                       the UN, are exempt from obtaining a
                                              Marino, Romania, Serbia, Singapore,
confirmations for foreign employees,                                                    visa for a stay up to 30 days. Holders
                                              Slovakia, Slovenia, South Korea,
tax registration, and tax and legal                                                     of a blue UN passport are subject
                                              Spain, Sweden, Switzerland, Trinidad
compliance for expatriate individuals.        and Tobago, Turkey, UAE, Vatican,       • to simplified visa procedures: a visa
                                              United Kingdom                            will be issued within 2 days by the
Temporary visas                                                                         Ministry of Foreign Affairs upon
                                            • Members of flight crews of foreign
                                                                                        presentation of an invitation letter by
In general, all foreign nationals and         airlines operating regular flights to
                                                                                        the host party.
stateless persons are required to obtain      Uzbekistan (for the length of time
a visa to enter Uzbekistan. However,          between their flights into and out of   Since visa requirements are subject
the following individuals are not subject     Uzbekistan)                             to frequent changes, individuals
to general visa requirements and may                                                  should check the specific applicable
                                            • Nationals of the People’s Republic of
enter Uzbekistan without a visa:                                                      requirements before planning a trip to
                                              China and Hong Kong (for stays of up
                                                                                      Uzbekistan.
• N
  ► ationals of the following CIS             to 7 days)
  countries: Azerbaijan, Armenia,
  Belarus, Georgia, Kazakhstan,
  Moldova, Russia, Ukraine, and
  Kyrgyzstan (for stays of up to 60
  days) and Tajikistan (for stays of up
  to 30 days)
• Nationals of the following countries
  for stays of up to 30 days: Andorra,
  Antigua and Barbuda, Argentina,
  Australia, Austria, Bahamas,
  Barbados, Belize, Belgium, Bosnia and
  Herzegovina, Brazil, Brunei, Bulgaria,
  Canada, Costa Rica, Chile, Croatia,
  Cuba, Cyprus, Czech Republic,
  Denmark, Dominica, Dominican
  Republic, El Salvador, Estonia,
  Finland, France, Germany, Greece,
  Grenada, Guatemala, Honduras,
  Hungary, Iceland, Indonesia, Ireland,
  Israel, Italy, Jamaica, Japan,
  Latvia, Lithuania, Liechtenstein,

                                                                                                   Doing business in Uzbekistan   7
Doing business in Uzbekistan - An introductory guide to taxes and regulations - EY
Business visas. Business visas are             Unless exempt from visas as mentioned        joint stock companies, limited liability
issued to foreign individuals arriving in      above, citizens of the following countries   companies, representative offices,
Uzbekistan for business purposes (e.g.,        are eligible to obtain an entry visa to      permanent establishments of foreign
for a business trip or negotiations, to        Uzbekistan through the “EVISA.MFA.           entities, etc.
sign contracts or to attend conferences,       UZ” system or obtain tourist visas under
symposiums, forums, exhibitions,               simplified procedures at Uzbek consular      Should you require more information on
concerts or cultural, scientific, sporting     offices: Albania, Algeria, Angola,           the nature and uses of various business
or other events).                              Bahrain, Bangladesh, Bolivia, Cambodia,      forms in Uzbekistan, EY offers tax
Investment visa. An investment visa may        Cameroon, Cape Verde, China (including       and legal advice on how to structure
be issued to shareholders/ participants        Hong Kong), Colombia, Cote d’Ivoire,         a specific business in Uzbekistan
or founders of enterprises with foreign        Ecuador, Egypt, Fiji, Gabon, Ghana,          depending on the investor’s particular
investments and to members of their            Guyana, India, Iran, Jordan, Kingdom         industry or commercial plans, as well as
families for a period of three years, at the   of Bhutan, Kiribati, Kuwait, Laos,           a full range of company formation and
end of which it may be extended.               Lebanon, Macedonia, Maldives, Marshall       registration services.
                                               Islands, Mauritius, Micronesia, Morocco,
In addition, foreigners who have invested      Nauru, Nepal, Oman, Palau, Paraguay,
at least USD 3 million in production or        Peru, Philippines, Republic of Korea,        In this section we give details of the
service industries in Uzbekistan and           Qatar, Samoa, Saudi Arabia, Senegal,         four types of business entities most
shareholders/participants or founders          Seychelles, Solomon islands, South           commonly used by foreign investors.
of enterprises with foreign investments        Africa, Sri Lanka, Suriname, Thailand,
may apply for a 10-year residence              Tonga, Tunisia, United States of             2.2.1. Joint stock companies (JSCs)
permit under a simplified procedure.           America, Uruguay, Vanuatu, Venezuela         A JSC is a legal entity that is separate
A foreigner with a residence permit            and Vietnam.                                 and distinct from its shareholders. As a
does not need to obtain visas and work                                                      general rule, a JSC’s shareholders are
permits to live and work in Uzbekistan.        The electronic visa is valid for 30 days
                                                                                            not liable for the JSC’s liabilities. A JSC
                                               from the date of issue. The processing
Work visas. Work visas are issued to                                                        may have one or more shareholders.
                                               time for electronic visa applications is
foreign individuals arriving in Uzbekistan                                                  Generally, there is no minimum charter
                                               2 (two) working days, excluding the
for employment. A work confirmation                                                         capital requirement for a JSC. However,
                                               day the application is submitted. The
must be submitted to Uzbek foreign
                                               electronic visa is sent to the e-mail        regulations governing certain activities
affairs authorities in order to obtain a
                                               address of the foreign citizen as            normally subject to licensing (e.g.,
work visa (subject to planned changes).
                                               indicated in the application submitted       banking and insurance activities) set out
See the ”Work Confirmation” section
                                               via the “EVISA.MFA.UZ” web portal.           minimum capital requirements for JSCs.
below for details.
                                                                                            Since establishing a JSC is a very
Issuance of visas. Visas are issued
abroad by Uzbekistan consulates (the
                                               2.2. Forms of legal                          time-consuming and highly regulated
                                                                                            process, investors usually prefer to opt
Consular Department of the Embassy             presence available                           for an LLC when deciding on their form
of Uzbekistan). Generally, business            in Uzbekistan                                of presence in Uzbekistan. However,
visas are issued based on a letter of
                                               There are a number of legal forms            for certain types of businesses (such
invitation from a local Uzbek company,
                                               available for foreign and local investors    as banks) the JSC is the only available
or a representative office of a foreign
company, submitted to the Consular             wishing to establish a presence in           vehicle for establishing a presence in
Department of Uzbekistan.                      Uzbekistan, including but not limited to     Uzbekistan.

8     Doing business in Uzbekistan
2.2.2. Limited liability companies
(LLCs)
Like a JSC, as a general rule, an LLC is
a legal entity in which the participants
are not liable for the company’s
liabilities and bear the risk of losses
from the company’s activities only to
the extent of their contributions to the
charter capital. An LLC may have one
or more participants. An LLC may not
be established by one entity that in turn
has only one shareholder/ participant,
unless the former entity is a JSC.
Similarly to a JSC, an LLC may, as an
alternative fund-raising option (besides
equity-based financing), issue bonds
subject to similar requirements as those
set for bonds issued by JSCs.
The main difference between these two
types of entities is that an LLC does not
issue shares. Instead, participants have
ownership (participating) interests in
the company. Unlike a JSC, participants
of an LLC bear strict liability for the
disclosure of confidential information
concerning the activities of the LLC. In
addition, the supreme governing body
of an LLC is the general meeting of its
participants. There is also an option to    2.2.3. Representative offices (RO)           the RO (the main legal entity). It is
create a supervisory board of an LLC.                                                    explicitly stated in the law that an RO
                                            An RO is a structural subdivision of
                                                                                         cannot conduct business activities.
As a general rule, as in the case of        a legal entity that is established at
                                                                                         An RO is established exclusively to
a JSC, there is no minimum capital          a different location from that of the
                                                                                         represent and protect the interests of
requirement for an LLC. However,            legal entity and carries on its activities
                                                                                         the main legal entity, and its activities
regulations governing certain activities    based on accreditation received from
                                                                                         must be limited to marketing and
normally subject to licensing (e.g.,        the government (a process described
                                                                                         non-transactional support for the head
insurance activities) may require LLCs      in Section 2.3.2 “Accreditation of
                                                                                         office. If any commercial activities are
to comply with the minimum capital          representative offices” below). Since an
                                                                                         conducted through an RO, the RO’s
requirements for those specific types of    RO does not constitute a legal entity,
                                                                                         accreditation may be cancelled by the
business.                                   all rights and obligations are assumed
                                                                                         state authorities.
                                            by the legal entity that established

                                                                                                     Doing business in Uzbekistan   9
2.2.4. Branches                             a foreign legal entity for tax purposes     services to business entities (“One-
Uzbek law does not explicitly restrict/     in Uzbekistan. This is done purely for      Stop-Shop Centre”). Upon submitting
prohibit the establishment of branches in   tax registration purposes for a specific    a complete set of documents, provided
Uzbekistan by foreign entities. However,    project, and a PE does not constitute a     that the authorities do not raise any
in view of the virtual non-existence of     legal form.                                 issues, the LLC should be registered with
regulations governing the registration                                                  justice, tax and statistics authorities - all
and activities of branches of foreign                                                   at the same time.
companies, in practice, the Uzbek
                                            2.3. Establishing a legal
                                                                                        There is an option to submit
authorities refuse to register branches     presence                                    documents to the One-Stop-Shop
of foreign legal entities.                  As a rule, all legal entities and           Centre electronically through the
We are aware of a draft law that would      representative offices in Uzbekistan        “e-government” web portal. However,
enable the registration of branches of      must be registered or accredited with       this requires the use of an electronic
foreign companies in Uzbekistan in the      the appropriate government authorities.     digital key, which means that, in
future, but it remains unclear when the                                                 practice, legal entities established by
                                            2.3.1. State registration                   foreign entities cannot yet be registered
law might be passed.
                                            State registration in Uzbekistan is         through the e-government portal, since
                                            carried out based on a “one-stop- shop”     foreign legal entities founding an Uzbek
2.2.5. PEs                                  principle whereby all registration          entity are not currently allowed to obtain
Alternatively, it is possible to register   documents must be submitted to a            an electronic digital key.
a permanent establishment (“PE”) of         single centre for the provision of public

10    Doing business in Uzbekistan
Uzbek law requires a standard set of         In practice, this timeframe is observed,     household may not be indicated as the
documents, i.e., statutory documents         provided that documents are complete         legal address of a legal entity.
prepared in the Uzbek language, to be        and duly signed and meet the statutory
                                                                                          The location of a legal entity is not only
submitted in order to complete the state     requirements.
                                                                                          the place where it is registered, but also
registration of a legal entity.
                                             2.3.2. Accreditation of representative       affects the court where documents are
In addition, under recent legislative        offices                                      filed for litigation and the tax authority
changes a foreign General Director                                                        to which certain tax and other payments
                                             There is a separate procedure for
is now required to have a Personal                                                        must be made.
                                             establishing representative offices
Identification Number of an Individual
                                             of foreign entities in Uzbekistan.           Under Uzbek law, government
(the “PINFL”), which is issued by a
                                             Representative offices of foreign legal      authorities (including tax authorities)
One-Stop-Shop Centre upon submission
                                             entities are subject to accreditation with   require legal entities and ROs to be
of a notarized copy of the foreign
                                             the Ministry of Investments and Foreign      present at the legal addresses indicated
General Director’s passport, a 3x4 cm
                                             Trade of the Republic of Uzbekistan (the     in their foundation documents and in the
photograph and a power of attorney
                                             “Accreditation Authority”).                  registration records of the authorities.
(if the documents are submitted by a
person acting on the General Director’s      An RO is considered to be accredited         If an entity is not actually present at its
behalf). That number must be indicated       from the date of issuance of a certificate   legal address, i.e., the tax authorities
in the application when registering an       of accreditation by the Accreditation        cannot find anyone representing the
LLC. The procedure by which a foreign        Authority. Generally, accreditation is       entity at the time of their visit, the entity
citizen may obtain a PINFL has not yet       granted to an RO for a term of 1 to 3        may be subject to an administrative fine,
been established, meaning that there is      years, which may be extended upon            and its corporate bank accounts may be
no specific statutory timeline for issuing   the company’s request. As a rule, the        seized.
a PINFL to a foreign citizen.                extension of accreditation is a relatively
                                             straightforward process.                     2.3.4. Opening a bank account
Documents submitted to the One-Stop-                                                      for companies and individuals
Shop Centre must be accompanied by a         2.3.3. Location (legal address)              Foreign legal entities (non-residents)
bank document confirming payment of          A legal entity’s location is the address     carrying on activities in Uzbekistan
the state registration fee (the amount       indicated in its foundation documents        through ROs as well as Uzbek legal
of which depends on the type of the          (the charter and, if there is more           entities and individuals (residents)
entity to be registered, e.g., ranging       than one participant/shareholder, the        may open and use bank accounts in
from one minimum wage amount on              foundation agreement).                       Uzbekistan in both national and foreign
the date of issue for an LLC to 4 times
                                             Under Uzbek law, the location of a           currencies.
the minimum wage for insurance
companies). The documents must               legal entity is the place where its          Uzbek legal entities (residents) may
also be duly signed, sealed, notarized       state registration takes place. The          open and use foreign currency accounts
and, where appropriate, legalized            foundation documents may establish           with foreign banks outside Uzbekistan
or apostilled. Otherwise, the Uzbek          that the location of a legal entity is the   subject to decisions of the President
authorities may reject the documents,        place where its permanently operating        or the Government of Uzbekistan or
which would delay the registration           governing body (i.e., its director or        international agreements allowing the
process considerably. Under Uzbek law,       board of directors) is situated or           opening and use of accounts in national
the registration of a legal entity should    the place where its main business is         or foreign currency with banks abroad.
take no more than 30 (thirty) minutes.       conducted. Please note that a private

                                                                                                       Doing business in Uzbekistan   11
3
Overview
of tax rules
in Uzbekistan

12   Doing business in Uzbekistan
In the sections that follow we describe the most important taxes in force in Uzbekistan. There are a number of
other less significant or industry-specific taxes such as excise tax and a number of taxes on “subsurface users”,
i.e., oil, gas and mining companies. It is important to conduct a thorough review of any proposed business
activity to determine the actual taxes that apply to it.

3.1. Changes to the                             income on shares is expected to be        A resident is generally defined as:
                                                subject to a 5% corporate income
Tax Code of Uzbekistan                          tax (CIT) in the same way as
                                                                                          (i) an individual who is physically
                                                                                              present in Uzbekistan for over
in 2022                                         legal entities that are residents of          183 days in any period of up to 12
                                                Uzbekistan.                                   months beginning or ending in a
The new Uzbek Tax Code, which came
into effect from 1 January 2020,            (iii) For individuals and legal entities –       calendar year for which tax residency
The Uzbek Tax Code has undergone                   both residents and non-residents           is determined
substantial changes with a number of               of Uzbekistan – interest income on     (ii) an individual who is physically
new concepts introduced in 2022.                   corporate bonds is expected to be            present in Uzbekistan for less than
                                                   exempt from PIT and CIT.                     183 days, but more than in any
Among the main changes effective from
                                                                                                other state in a calendar year
1 January 2022 are: (i) implementation      In order for these benefits to be
of the transfer pricing rules, the          implemented, government bodies have           Accordingly, non-residents are generally
controlled foreign company (CFC)            been instructed to submit a draft law         those individuals who do not meet the
concept and the tax consolidation           setting out appropriate amendments to         above tests.
regime for CIT purposes; (ii) the           the Tax Code.
introduction of a special rental tax on                                                   Taxable income
mineral extraction, new definitions and     3.2. Personal income tax                      Income of individuals consists of
rates for depreciable assets, cancelation   (PIT) and social tax                          employment income, property income,
of the limits on tax loss carry-forwards,                                                 in-kind income and other types of
the introduction of a ‘dividend tax’ for                                                  income. In general, all types of income,
                                            EY offers advice and support with
PEs of non-residents, etc.                                                                including benefits in kind, are taxable in
                                            all aspects of tax compliance for
Anticipated changes in tax legislation.     individuals and employers as well as          Uzbekistan unless they are specifically
                                            payroll processing. EY also provides tax      exempt. Income that is specifically
Effective from 1 April 2022 until 31                                                      exempt from tax includes alimony, state
                                            and legal assistance to high-net-worth
December 2024, a number of tax                                                            pension income, etc.
                                            individuals.
benefits are being introduced for
securities holders:                                                                       Rates
                                            Taxpayers and residency
(i) For individuals - both residents and                                                 General personal income tax is levied at
     non-residents of Uzbekistan — share    Both residents and non-residents of           a flat rate of 12% for residents, while for
     dividend income is expected to be      Uzbekistan are subject to personal            non-residents a flat rate of 20% applies.
     exempt from personal income tax        income tax. Residents are taxed on their      Dividends and interest payable to tax-
     (PIT).                                 worldwide income, while non-residents         resident individuals are subject to tax at
                                            are taxed only on their Uzbek source          the rate of 5%, while for non-residents the
(ii) F
      or legal entities that are non-      income.                                       tax rate for dividends and interest is 10%.
     residents of Uzbekistan — dividend

                                                                                                       Doing business in Uzbekistan   13
It should be noted that, from                               A foreign citizen who becomes a tax                            —w
                                                                                                                             hose share in the foreign
1 April 2022 to 31 December 2024,                           resident of Uzbekistan is obliged to                            company exceeds 10% if the
individuals, both residents and                             file an annual tax return not later than                        shares of all other persons
non-residents of Uzbekistan, are                            1 April following the reporting year                            recognised as tax residents
exempted from personal income                               on his/her worldwide income. The tax                            of Uzbekistan exceed 50%
tax on:                                                     assessed in the annual tax return (i.e.,                        in total, or
                                                            any outstanding liability) must be paid                        —w
                                                                                                                             ho exercise control over the
(i) share dividends;
                                                            by the individual not later than 1 June                         foreign company (regardless of
(ii) interest income on corporate                          following the reporting year. If foreign                        their participation share)
     bonds.                                                 individuals who are tax residents
                                                            permanently leave Uzbekistan, they                        (ii) For a CFC without corporate
Tax compliance                                              are also obliged to file a ‘departure’ tax                      status the controlling person is
The tax year in Uzbekistan is                               return not later than one month before                          its founder
the calendar year. A withholding                            departure and the resulting tax liability                 If a tax-resident individual is recognised
obligation is placed on Uzbek legal                         must be paid within fifteen days of filing                as a controlling person of a CFC, he
entities, individual entrepreneurs                          the ‘departure’ tax return.                               or she is obliged to include retained
(where applicable), foreign legal                                                                                     earnings of that CFC in his/her annual
entities operating in Uzbekistan                            Individual entrepreneurs with annual
                                                            revenue below UZS 100 million                             taxable income and pay relevant tax.
through permanent establishments
or representative offices, etc. (‘tax                       (approx. USD 9,230) must also pay                         In addition, Uzbek tax residents must
agents’) which make salary-related                          personal income tax on the basis of                       notify the tax authorities (1) of their
payments to individuals and provide                         an annual return or pay a fixed tax. The                  participation in foreign legal entities
benefits to employees. Tax agents are                       amounts of the fixed tax vary based on                    and the establishment of foreign
responsible for the proper assessment,                      the type and location of activity.                        unincorporated entities, and (2)
withholding and remittance of personal                      Controlled foreign company (CFC)                          of CFCs of which they are controlling
income tax. Tax agents are also obliged                                                                               persons.
                                                            rules for individuals
to file monthly reports on income paid
                                                            A CFC is a foreign legal entity (not                      Mandatory payments to social funds
to their employees and tax withheld
thereon by the 15th of the month                            classed as a tax resident of Uzbekistan)                  Social tax
following the reporting month and                           or a foreign unincorporated entity
                                                                                                                      Employers are required to assess and
must submit an annual return together                       whose controlling persons are Uzbek
                                                                                                                      pay social tax at the current rate of
with their annual financial statements.                     tax-resident individuals. Specifically:
                                                                                                                      12% (25% in the case of state-funded
Personal income tax must be paid to                         (i) F
                                                                 or a CFC with corporate status                      organizations) of gross payroll (i.e., at
the budget at the time income is paid,                          controlling persons are individuals:                  the employer’s expense). The assessed
but not later than the deadline for the                          — whose share in the foreign                        amount of social tax must be paid to
submission of monthly reports.                                      company exceeds 50% in 2022                       the budget on a monthly basis (not
                                                                    (25% from 2023)                                   later than the monthly tax return
                                                                                                                      filing deadline). Similarly, a cumulative

1
     ot later than 15 February following the reporting year (or not later than 25 March following the reporting year for companies with foreign investments and
    N
    non-residents operating through a PE).

14        Doing business in Uzbekistan
return must be submitted to the tax        3.3. Corporate income                       Depreciation for tax purposes
authorities on a monthly basis not later
than the 15th of the month following       tax (CIT)                                   To qualify as a fixed asset for tax
                                                                                       purposes, an asset must be defined as
the reporting month, and an annual                                                     such under accounting legislation.
                                           EY offers the following services
return must be submitted together with
                                           in the area of corporate income tax:        For tax purposes, assets may be
the annual financial statements.
                                           • Advisory and structuring                  depreciated up to the maximum rates
Employee pension fund                      • Assistance with tax compliance            shown in the table below:
contributions                                 of legal entities at every step of
Employers must make monthly                   the process                               Type of fixed asset               Maximum
                                           • Tax review and due diligence services                                       depreciation
mandatory contributions to individual                                                                                        rate
funded pension accounts of local           • Other tax-related services
employees (foreign citizens without                                                     Buildings                             5%
Uzbekistan residence permits are           Payers                                       Structures                            10%
generally not subject to such
                                           Taxpayers for CIT purposes are (i)           Trains, ships, aeroplanes             10%
contributions) at the rate of 0.1% of
                                           Uzbek resident legal entities on income
their gross employment income.                                                          Pipelines, communications
                                           from worldwide sources, (ii) foreign
These contributions are deductible                                                      equipment, power lines and            15%
                                           legal entities that carry on activities      equipment
from amounts of personal income tax
                                           in Uzbekistan through a permanent
payable by tax agents.                                                                  Production machinery and
                                           establishment (PE), (iii) individual                                               20%
                                                                                        equipment
Other individual taxes                     entrepreneurs with an annual revenue of
                                           more than UZS 1 billion (approximately       Cars, computers and office
Property tax                                                                                                                  40%
                                           USD 92,270) or who become CIT payers         equipment
The property tax is imposed on             on a voluntary basis, etc.                   All other assets                      15%
buildings and apartments possessed by
                                           Uzbek legal entities with an annual
individuals. The rates vary from 0.25%
                                           turnover of less than UZS 1 billion         Land, construction-in-progress,
to 1.5% applied to the cadastral value
                                           (approximately USD 92,270) are eligible     and certain other assets are not
of the property.
                                           for simplified taxation (revenue tax)       depreciated.
Land tax                                   instead of CIT and output VAT (see the
                                           “Revenue tax” section).                     Intangible assets are amortized for tax
An individual granted permanent
possession of a land plot is subject to                                                purposes over the useful life of the asset
                                           Taxable income
land tax at a fixed rate depending on                                                  or five years (if the useful life cannot be
                                           Taxable income of Uzbek legal entities      determined).
the location of the land. For example,
                                           is determined as aggregate income
in the city of Tashkent, the rates vary
                                           less qualifying tax-deductible expenses,    Investment deduction
from UZS 500 (approximately USD
                                           with account taken of tax reliefs (where
0.046) to UZS 1,280 (approximately                                                     Taxpayers are allowed to make an
                                           applicable) and deductions provided for
USD 0.118) per square metre per                                                        investment deduction amounting to:
                                           in the Tax Code and other legal acts. The
annum, depending on the location of
                                           required standards of documentation         • 20% of the cost of new production
the land plot.
                                           (especially documents used to support         equipment, expenditure on the
                                           deductions) are particularly high in          modernization and retrofitting of
                                           Uzbekistan.                                   production facilities, etc.

                                                                                                     Doing business in Uzbekistan   15
• 10% of expenditure on the expansion       of such an individual/entity, etc.) is     Register of E-commerce Entities that
  of production through the new             more than 3 times greater than the         sell goods and services online, the CIT
  construction or reconstruction of         taxpayer’s equity (13 times in the case    rate is 7.5%. Meanwhile, taxpayers that
  buildings and structures used for         of banks and leasing organizations),       carry on activities in the social sphere,
  production purposes                       thin capitalization rules apply and        certain producers of agricultural goods,
                                            interest expenses above the calculated     exporters (insofar as profit from exports
Loss carryforwards                          thresholds are considered non-             is concerned), et al. are subject to CIT at
Starting from 1 January 2022,               deductible.                                0% (if certain conditions are met).
limitations on tax loss carryforwards are
                                            Tax rate and compliance                    The tax period is a calendar year.
cancelled (before 2022 a tax loss could
                                            The regular CIT rate is 15%. This rate     Quarterly CIT returns must be filed
be carried forward within a 10-year
                                            also applies to Uzbek enterprises with     not later than the 20th of the month
period in amounts not exceeding 60% of
                                            foreign participation and PEs of foreign   following the reporting quarter and an
the tax base for the current tax period).
                                            companies. For commercial banks,           annual return must be filed not later
Thin capitalization                         mobile telecommunications operators,       than the 1 March of the following year.
 If controlled liability of the taxpayer    legal entities that manufacture            The final tax liability must be paid by
(i.e., loans from a foreign individual/     polyethylene granules, and markets         the deadline for filing tax returns.
entity holding at least 20% of shares       and shopping malls, the CIT rate is 20%.   Companies with revenue of more than
in the taxpayer or from a related party     For taxpayers included in the National     UZS 5 billion (approximately USD

16   Doing business in Uzbekistan
461,400) in the preceding calendar            Consolidated group of taxpayers             Tax agents
year must pay monthly advance                 A consolidated group of taxpayers is a      Any tax-registered entity that pays
payments not later than the 23rd of each      voluntary association of taxpayers based    Uzbek source income to a foreign
month of the reporting period.                on a relevant agreement whereby CIT         company is potentially a tax agent with
Controlled foreign company (CFC)              is assessed and paid on the aggregate       the responsibility to withhold tax from
                                              financial result of the economic            the gross amount of the Uzbek source
rules for legal entities
                                              activities of those taxpayers.              income of the non-resident (without
A CFC is a foreign legal entity (not                                                      deductions).
classed as a tax resident of Uzbekistan)      A consolidated group of taxpayers may
or a foreign unincorporated entity whose      be created by legal entities subject to     Taxable income
controlling persons are legal entities        certain criteria, e.g., the total revenue
                                                                                          Taxable income includes, but is not
classed as Uzbek tax residents.               of all legal entities that are members
                                                                                          limited to:
                                              of the consolidated group of taxpayers
(i) F
     or a CFC with corporate status          from the sale of goods and services         • Dividends and interest
    controlling persons are legal entities:   together with other income according
                                                                                          • Income from the sale of property
   —w
     hose share in the foreign               to financial statements for the calendar
                                                                                            located in Uzbekistan: shares, stocks
    company exceeds 50% in 2022               year must be at least UZS 500 billion
                                                                                            (except for stocks traded on a stock
    (25% from 2023);                          (approximately USD 46,135,420),
                                                                                            exchange), and real estate. Taxable
                                              provided that one entity has a direct
   —w
     hose share in the foreign                                                             income is defined as the amount
                                              or indirect share of at least 90% in
    company exceeds 10%, if the                                                             by which the sale price exceeds the
                                              the charter (authorised) capital of
    shares of all other shareholders                                                        original purchase price
                                              the other legal entities. This condition
    recognised as tax residents of            must be met during the entire term          • Income from the sale of goods in
    Uzbekistan exceed 50% in total, or        of the agreement on the creation of a         the territory of Uzbekistan via a
                                              consolidated group of taxpayers.              commission agency agreement or
   —w
     hich exercise control over the
                                                                                            other similar agreement. Taxable
    foreign company (regardless of            Dividend tax for permanent                    income is defined as the excess of the
    their participation share).               establishments of non-residents               amount paid to foreign entities over
(ii)	For a CFC without corporate             Net profit remaining at the disposal          the original purchase price
     status the controlling person is its     of a non-resident operating through a
                                                                                          • Royalties
     founder.                                 permanent establishment in Uzbekistan
                                              after the payment of tax is considered as   • Lease payments
If a tax-resident company is recognised
                                              a dividend and is subject to 10% tax.       • Insurance premiums
as a controlling person of a CFC, it is
obliged to include retained earnings of                                                   • Telecommunications and freight
that CFC in its taxable income and pay        3.4. Withholding tax (WHT)                    charges
relevant tax.
                                              (other than personal                        • Fees for services, etc.
In addition, tax-resident companies must
                                              income tax)
notify the tax authorities (1) of their
participation in foreign legal entities       Uzbek source income of a non-resident
and (2) of the establishment of foreign       legal entity (without a PE) doing
unincorporated entities and of CFCs of        business in or with Uzbekistan is subject
which they are controlling persons.           to WHT at the source of payment.

                                                                                                        Doing business in Uzbekistan   17
Tax rates and compliance                     * From 1 April 2022 to 31 December        the reduction of WHT rates to 0%-15%.
                                                2024, for legal entities that are       However, specific requirements must
Type of income                       Rate
                                                non-residents of Uzbekistan, income     be met for DTT provisions to be applied.
of non-residents                    of WHT
                                                in the form of dividends on shares is   Please refer to the Appendix hereto for
Interest, dividends*                 10%        expected to be subject to 5% WHT.       the list of DTTs.
Insurance premiums under
insurance, co-insurance, and         10%
                                             Interest on certain loans made by          Withholding tax is withheld and
reinsurance agreements                       financial institutions and certain types   remitted by tax agents. The general
                                             of income of banks are subject to          rules are:
Income from international
transportation and                   6%
                                             0% WHT.
                                                                                        • Tax must be withheld and paid not
telecommunications services                  Most double tax treaties (DTT)               later than the date following the day
Other income                         20%     concluded by Uzbekistan provide either       the income was paid to the non-
                                             for exemption from Uzbek WHT or for          resident

18   Doing business in Uzbekistan
• A
  ► WHT return must be filed not            Starting from 1 January 2022, the list    in Uzbekistan (based on the place
  later than the 20th of the month          of VAT payers is extended to include      of supply rules) and imports into
  following the calendar month in           tax consulting, auditing and non-         Uzbekistan, unless they are zero-rated
  which income was paid to the              profit organizations (as well as state-   or specifically exempt. Any excise tax
  non-resident                              funded institutions) if they carry on     paid is included in the taxable base for
                                            entrepreneurial activities, regardless    VAT purposes.
Dividends payable to Uzbek tax
                                            of their revenue. VAT payers also now
residents are subject to domestic                                                     VAT payable to the budget is generally
                                            include agricultural producers with 25
WHT at the rate of 5%. Starting from                                                  determined as output VAT less
                                            hectares or more of irrigated land.
1 January 2020, interest payable to                                                   allowable input VAT. Input VAT
Uzbek tax resident companies is not         The standard rate of VAT is 15%.
                                                                                      incurred in connection with the supply
subject to domestic WHT (with certain       VATable turnover                          of exempt goods and services and non-
exceptions); instead, it is included in
                                            VAT is levied on turnover derived         business costs cannot be offset against
the aggregate income of the interest
                                            from the supply of goods and services     output VAT.
recipient and assessed to CIT.

3.5. Value added tax
EY offers help with VAT risk
identification, VAT compliance support
and cross-border VAT planning.

Payers and registration
VAT payers are (i) Uzbek legal entities
on a general basis, (ii) individual
entrepreneurs whose annual revenue
exceeds UZS 1 billion (approximately
USD 92,270) or who register as VAT
payers on a voluntary basis, (iii)
foreign legal entities that sell goods or
services in the territory of Uzbekistan
if the place of supply is deemed to be
Uzbekistan (e.g., electronic services
sold to individuals via the Internet),
(iv) foreign legal entities operating in
Uzbekistan through a PE, and (v) legal
entities and individuals that import
goods into Uzbekistan (import VAT),
etc. VAT payers are assigned a VAT
registration number.

                                                                                                  Doing business in Uzbekistan   19
Purchase of services from                  • Goods and services purchased by                 VAT on electronic services supplied
non-residents (reverse charge                legal entities using a loan provided by         by non-residents to individuals
AT / withholding VAT)                        international or foreign government             Starting from 1 January 2020, a
                                             financial institutions, provided that           non-resident company that supplies
Under the place of supply rules,             such exemption is provided for in the           electronic services to individuals living in
services are deemed to be supplied at        legislation, etc.                               Uzbekistan via the Internet (B2C) must
the location of the business activity of
                                           VAT compliance                                    register as a VAT payer in Uzbekistan,
the purchaser of the services, except
                                                                                             calculate Uzbek VAT based on turnover
for certain specified services. Where      The VAT tax period and reporting
                                                                                             from those services (if the place of
such services are rendered by a non-       period is a calendar month. VAT
                                                                                             supply is deemed to be Uzbekistan), file
resident, the Uzbek purchaser of           returns must be filed, and VAT due
the services is considered as a tax                                                          quarterly VAT returns (electronically)
                                           must be paid not later than the 20th
agent for VAT purposes, i.e., the                                                            and pay the calculated amount of VAT to
                                           of the month following the reporting
Uzbek purchaser has an obligation to                                                         the Uzbek tax authorities.
                                           month.
assess VAT based on the VAT-inclusive
price of the services and withhold and
remit VAT to the budget on behalf          3.6. Other taxes
of the non-resident. However, if the
contract for the supply of services does    Nature of tax                                                                Rate
not take into account Uzbek VAT, the        Excise tax: imposed on a specific range of services and goods               Various
purchaser of the services is required to    produced in Uzbekistan or imported into Uzbekistan. Goods
self-assess and pay VAT to the budget       subject to tax include oil and gas products, alcohol, tobacco,
on top of the price of the services (in     etc. Services subject to tax include mobile telecommunications
a similar way to the reverse charge         services.
mechanism). That VAT may be offset
                                            Property tax: imposed on the annual average depreciated              Standard rate is 1.5%
against output VAT in the normal            value of immovable property and certain other assets.               Tax rate for construction
manner.                                     Land is exempt                                                       projects that have not
Zero rating                                                                                                    been completed within the
                                                                                                                 normative period is 3%
Export sales of goods, international
transportation services and utility         Motor vehicle levy: imposed on sales/purchases of cars and                  Various
services provided to individuals are        other vehicles
generally taxed at a zero rate.             Water use tax: standard rates per cubic metre                       Surface water UZS 240
                                                                                                              (approximately USD 0.022)
Exempt supplies
                                                                                                              Underground water UZS 290
VAT-exempt supplies and imports
                                                                                                              (approximately USD 0.027)
include:
                                            Land tax: imposed at a fixed rate per hectare; varies depending             Various
• Financial services except for bank        on the location, quality and purpose of the land plot              Example: rate in Tashkent
  transactions for which fixed charges
                                                                                                               Zone 1 is UZS 220 million
  apply
                                                                                                                (approx. USD20,300)
• Insurance services                                                                                                 per hectare

20   Doing business in Uzbekistan
3.7. Taxes for subsoil mineral users
Special rental tax (SRT) on mineral                 from the sale of extracted resources,
extraction                                          excluding VAT and excise taxes, and
                                                    the cost of extracting them (i.e., capital
The SRT was introduced on 1 January
                                                    and operating expenses and historical
2022. Payers of the SRT are legal
                                                    expenses). However, if the right to use
entities that mine metals (precious,                a subsoil plot for geological exploration
non-ferrous and/or radioactive metals,              or production at a previously explored
rare earth elements and/or those                    subsoil plot is put up for tender with
extracted from technogenic mineral                  respect to certain metal mining or
deposits) and hydrocarbons in licensed              hydrocarbon assets with significant
areas where mining will begin after 1               commercial potential, the organizer of
January 2022. Companies operating                   the competitive tender or bidders may
under production sharing agreements                 offer higher tax rates.
are exempt from the SRT.
                                                    Companies with foreign investments
The minimum tax rate is set at 25%                  which are payers of the SRT are entitled
of the tax base (income determined                  to keep records for tax purposes in US
as the difference between revenue                   dollars on an accrual basis.

Subsoil use tax
Subsoil use tax is imposed on the extraction of natural resources. Tax is imposed
on the sale price of extracted natural resources and their components as well as on
waste derived from the extraction or processing of natural resources.

 Subsoil use tax                                                               Rate

 Energy                                                                     2.6%-10%

 Precious metals                                                                7%

 Non-ferrous metals                                                           7%-10%

 Radioactive metals, rare and rare earth elements                            2.7%-8%

 Ornamental stone materials                                                    10%

 Ferrous metals                                                               4%-5%

 Mining and chemical materials                                              3.5%-5.5%

 Ore mining materials                                                        3%-7.9%

 Construction materials                                                       Various

 Mineral products extracted from technogenic mineral deposit         50% of the tax rate for the
                                                                   extraction of the main mineral

                                                                                                    Doing business in Uzbekistan   21
3.8. Revenue tax                           (for wholesale/retail trading in very      1. Controlled transactions between
                                           remote areas) up to 25% (pawnshops,        related (affiliated) parties
Legal entities with an annual turnover     brokerage houses). The standard rate       T
                                                                                       ransactions between related parties,
(revenue) not exceeding UZS 1 billion      is 4%. The reporting period for revenue     including transactions between tax
(approximately USD 92,270) may             tax is a calendar month. The tax return     residents of Uzbekistan under certain
choose to pay revenue tax (instead         filing deadline is the 15th of the month
                                                                                       conditions (e.g., transactions exceeding
of CIT and output VAT). Individual         following the reporting period. The
                                                                                       a materiality threshold of more than
entrepreneurs whose annual revenue         annual tax return must be submitted
                                                                                       UZS 5 billion [~ USD 455,000],
is over UZS 100 million (approximately     not later than 15 February of the
                                                                                       transactions with entities that apply tax
USD 9,227) but less than UZS 1             following year.
                                                                                       benefits, etc.).
billion are also eligible to pay revenue
tax. The tax base for revenue tax is       3.9. Transfer pricing                      2. Cross-border controlled
generally gross revenue (with some                                                    transactions
                                           Controlled transactions
adjustments).                                                                         • C
                                                                                           ross-border transactions involving
                                           Under the transfer pricing rules, the
Revenue tax rates established for                                                         goods traded on commodity exchanges
                                           following transactions are considered
2021 vary depending on the type of                                                        (non-ferrous metals, precious metals,
                                           controlled and therefore subject to
business and location, e.g., from 1-2%     arm’s length principles:                       mineral fertilizers, etc.)

22   Doing business in Uzbekistan
• T
    ransactions in which one party is a   Tax audits                                Penalties and interest
   person whose place of registration,     Taxpayers are subject to tax audits,
   place of residence or place of tax                                                Interest is charged on late tax payments
                                           and it is vital to manage the tax audit
   residence is an offshore jurisdiction                                             at one three-hundredths (1/300) of the
                                           process. There are various types and
   (please refer to Appendix (A.1.) for                                              refinancing rate set by the Central Bank
                                           categories of tax audit.
   the list of such countries).                                                      of Uzbekistan (approximately 0.047%
                                           Tax audits can cover any period within    based on the refinancing rate effective
                                           the tax statute of limitations, which     as at 1 January 2022) for each day of
3.10. Tax administration                   is generally 5 years. Tax audits can      the delay.
The tax administration rules in            be intrusive and time-consuming and
                                                                                     Penalties imposed on legal entities for
Uzbekistan are complex, and penalties      may sometimes even result in criminal
                                                                                     tax violations include the following:
for even minor infringements can be        proceedings.
                                                                                     •► The penalty for non-registration or
severe.                                    Assessments                                  late registration by a foreign legal
                                           Upon completion of a tax audit, the          entity carrying on activities leading
EY offers comprehensive tax                tax authorities usually issue a tax          to a permanent establishment in
compliance and tax due diligence           audit report. If no violations of tax        Uzbekistan is 10% of income earned
services to assess in-house tax            law are discovered, a note to that           from the date on which the activities
compliance risks, as well as on-site tax   effect is made in the tax audit report.      began, but not less than UZS 10
audit support and a full range of tax      Otherwise, based on the findings of          million (approximately USD 923)
appeal services.                           the report, the tax authorities issue     •► T
                                                                                         he penalty for late registration as a
                                           a decision to impose audit-based             VAT payer is 5% of revenue received
Tax accounting policy                      assessments of taxes and other               from the registration date required
                                           obligatory payments plus applicable          by tax law to the date of actual
Starting from 1 January 2020,
                                           penalties and interest.                      registration, but not less than UZS 5
taxpayers are required to have a Tax
Accounting Policy, which they may          Appeals                                      million (approximately USD 460)
draw up in any form.                       Taxpayers may, within set time            •► T
                                                                                         he penalty for the understatement of
                                           limits, file appeals against decisions       tax liability is 20% of the additionally
Tax returns                                                                             assessed tax liability
                                           of tax authorities in the following
Tax reports (including returns and         order:                                    •► T
                                                                                         he penalty for concealing revenue is
calculations) must be compiled and                                                      20% of the concealed revenue, etc.
submitted by the taxpayer to the           1. Appeal to a higher tax authority
                                                                                     •► T
                                                                                         he penalty for non-compliance with
local tax authority for their registered   2. Appeal to a court (only after step       the transfer pricing rules is 40% of
address. Legal entities and individual         1 has been completed, unless the         underpaid tax.
entrepreneurs generally prepare and            decision being contested was issued
submit tax reports electronically.             by the highest tax authority - the    In addition, administrative fines may be
                                               State Tax Committee)                  imposed on company officers for tax
                                                                                     offences. In certain cases, they may
                                                                                     also face criminal proceedings.

                                                                                                  Doing business in Uzbekistan   23
4
Overview of
other laws that
affect business
administration

24   Doing business in Uzbekistan
4.1. Employment                             employment agreements, amendments         4.2. Work permits
                                            thereto and termination of employment
regulations                                 agreements. All employment                Until 2021, a foreign citizen who
The Uzbek Labour Code and other             agreements must be simultaneously         came to Uzbekistan to work (i.e., who
labour regulations apply to both local      registered with the Unified National      has been hired under an employment
and foreign citizens, including stateless   Labour System.                            agreement) was able to work in
persons, working in Uzbekistan on                                                     the country only after obtaining a
                                            At the time of writing, a new version     confirmation of the right to work in
the basis of employment agreements          of the Labour Code is being drafted. It
with their employers. Furthermore,                                                    Uzbekistan (”work confirmation”)
                                            is expected that the new Code may be      issued in his/her name on the basis of
employment relationships within             enacted during 2022 and will include
organizations that are fully or partially                                             the permit to hire foreign labour (”work
                                            more extensive provisions on the rights   permit”) obtained by the employer.
owned by foreign legal entities or          and obligations of employees and
individuals are also regulated by Uzbek     employers, as well as provisions aimed    Starting from 2021, the requirement
labour law.                                 at protecting the interests of various    to obtain a work permit was abolished.
An employment agreement with an             categories of employees, regulating the   Instead, a maximum quota for the
employee must be concluded in writing.      employment of foreign and stateless       hiring of foreign personnel is expected
The terms of an employment agreement        persons, and establishing personal data   to be introduced. At the same time,
are determined by mutual consent of         protection and processing requirements.   the requirement to obtain a work
the employee and employer and must
also comply with the requirements
established by the Labour Code and
other relevant labour regulations.
Employment agreements may be
concluded for a fixed or indefinite
term. An employment agreement may
establish a probation period, which
should not generally exceed 3 (three)
months.
The Unified National Labour System was
implemented from 1 January 2020 with
the aim of standardizing and digitalizing
employment relations. It serves as
an electronic database of individuals’
employment histories, effectively
replacing the old system of “labour
books”. The Unified National Labour
System includes information on work
experience and registered employment
relationships, including details (e.g.,
date, registered number) of

                                                                                                  Doing business in Uzbekistan   25
confirmation authorizing a foreign        Although a work confirmation may              One-Stop-Shop Centre, after which
citizen to work in Uzbekistan is          appear to be a personal work permit for       the documents are transmitted to
expected to remain in force. Updated      a foreign citizen, it is the responsibility   the government body responsible
regulations setting out the new           of the employer to apply for it. A work       for issuing work permits and work
requirements have not yet been            confirmation may not be transferred           confirmations - the Agency for
published (at the time of writing).       to other employers. Thus, a foreign           External Labour Migration Matters
                                          employee’s employment and his/her             (the “Agency”). As a rule, the Agency
This rule applies to all foreign
                                          work confirmation are attached to that        has 15 (fifteen) days to review
employees except for those who are
                                          specific employer. Furthermore, only          the application and issue a work
specifically exempt, such as employees
                                          local employers may apply for a work          confirmation.
of ROs accredited by the Accreditation
                                          confirmation.
Authority (up to 5 (five) employees) or                                                 A work confirmation is issued for
individuals hired within the framework    Documents required to obtain a work           a period of one year and may be
of intergovernmental treaties.            confirmation must be submitted to a           extended.

26   Doing business in Uzbekistan
In order to create favourable conditions   is set at UZS 100 billion (approximately     4.4. Currency regulations
for the attraction of qualified foreign    USD 8.8 million). Foreign banks, foreign
specialists, increase the investment       financial institutions and banking           Currency law allows cross-border
appeal of the Republic of Uzbekistan       institutions with good investment            transactions to be carried out in
and stimulate the attraction of            ratings can open subsidiary banks            any currency of the parties’ choice.
competitive human resources, qualified     or participate in the capital of local       However, transactions within
and highly qualified foreign specialists   banks subject to certain requirements.       Uzbekistan must take place only in
(experts) may be granted work              Other non-financial foreign entities         soums (UZS), the national currency of
confirmations for up to three years with   face stricter requirements, such as a        the Republic of Uzbekistan (subject to
an unlimited number of extensions.         minimum rating requirement for the           certain exceptions).
                                           entity and its origin country and a 50%      Currency operations may be subject
EY offers a range of legal, tax, payroll   limit on their ownership interest in the     to registration and subsequent
and work permit services to help           bank.                                        monitoring, depending on the
you structure your operations in           At present, Uzbekistan is working            substance of the transactions.
Uzbekistan efficiently from a human        on re-organizing and privatizing at          Generally, legal entities are allowed
resources perspective and ensure           least 6 local banks, including with the      to purchase foreign currency from
compliance with tax, payroll and           involvement of foreign investors. The        commercial banks in order to fulfil their
labour regulations. Depending on your      main goal of privatization is to reduce      obligations under the following types of
needs, we are able to offer assistance     the state’s share in the banking sector      international transactions: imports of
ranging from ad hoc advisory services      by selling shares in state-owned banks       goods, work and services, repatriation
to complex structuring advice and          on a competitive basis to investors          of profits, including dividends,
                                           with the appropriate experience              repayment of loans, payment of travel
complete outsourcing of the HR and
                                           and knowledge. It is expected that           expenses, and certain non-commercial
payroll function.
                                           privatization will increase the efficiency   transfers. Individuals generally may
                                           of banking activities and the availability   also buy and sell foreign currency at
                                           and quality of financial services, and       banks subject to certain limitations.
4.3. Banking regulations                   will enable modern international
                                                                                        The law specifically prohibits payments
The banking system of Uzbekistan           banking standards, information
                                                                                        in foreign currency in the territory
consists of the Central Bank of            technology and software products to
                                                                                        of Uzbekistan for goods (work and
the Republic of Uzbekistan and             be introduced to the Uzbek banking
                                                                                        services), with certain exceptions, such
commercial banks. Banking operations       system.
                                                                                        as payments made using international
in Uzbekistan must be licensed by
                                                                                        payment cards in accordance with
the Central Bank of the Republic of        EY has a team of professionals who           international practice. Prices and tariffs
Uzbekistan.                                can advise on setting up a bank in           for goods (work and services) sold
International financial institutions       Uzbekistan and relevant compliance           locally and the charter capital of local
also operate in Uzbekistan to a certain    requirements and provide full support        companies may only be set in local
extent, providing financing to local       with the financing of local businesses       currency. In addition, state duties and
businesses in the form of loans or         by international financial institutions.     other mandatory payments may be
equity investments.                                                                     charged, withheld and paid only in local
                                                                                        currency.
The minimum charter capital for banks

                                                                                                     Doing business in Uzbekistan   27
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