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VAT for Group 1–3 IE/PE (FOP): New Draft Law, State Plans, and Real Situation

Recently, the topic “all FOPs on the simplified system will be forced to pay VAT” has been discussed again in entrepreneurial communities and social networks. Additional excitement was added by the fact that on December 18, 2025, the Ministry of Finance published a draft law regarding VAT for single tax payers.
Let’s calmly figure out what is already official, what is currently only a plan, and what FOPs should expect in the coming years.

What Is Important to Know Now

As of the end of 2025, the situation is as follows:

  • The Ministry of Finance has indeed prepared and submitted for public discussion a draft law on the mandatory registration of single tax payers as VAT payers.
  • The draft was developed with a view to launching new rules from January 1, 2027.
  • At this moment, this is not yet a valid law, but only a proposal that must be considered, finalized, and voted on in the Verkhovna Rada.
  • In 2025–2026, the rules for Group 1–3 FOPs regarding VAT do not change – simplifiers, as before, enjoy the privilege and are not obliged to become VAT payers, even if they exceed an income of UAH 1 million.

That is, for now, this is an announced direction of reform, and not “everyone transferred to VAT tomorrow.”

Why the Idea of VAT for Simplifiers Appeared at All

Ukraine is gradually aligning its tax system with European approaches and fulfilling obligations to international partners. The National Revenue Strategy until 2030 provides for:

  • gradual reduction of tax benefits for the simplified system;
  • expansion of the VAT tax base;
  • fighting situations where large or “almost large” businesses operate through FOPs on the simplified system without VAT.

It is in this context that the idea appears: if a simplifier exceeds a certain turnover volume, they must work according to the general VAT rules, like other business entities.


What the Ministry of Finance Draft Law Proposes

The Ministry of Finance published a draft law with a long technical name on amendments to the Tax Code regarding the registration of single tax payers as VAT payers. In essence, it is about the following.

The proposed norms apply to:

  • FOPs of groups 1, 2, and 3 on the single tax;
  • legal entities – payers of the single tax.

The draft law “pulls” simplifiers to the general rules: if over the last 12 months the volume of taxable operations for the supply of goods or services exceeded UAH 1 million (excluding VAT), an obligation arises to register as a VAT payer.

Important point: the calculation includes not only “classic” sales but also online activity – sales through websites, mobile applications, marketplaces, etc.

If maximally simple:

  • it is proposed to remove the exception from the Tax Code norms for single tax payers of groups 1–3 regarding mandatory VAT registration when exceeding the threshold of UAH 1 million;
  • a separate norm establishes that for simplifiers of groups 1–3, the general VAT threshold applies on the same conditions as for other payers;
  • for group 3, the use of rates of 5% (without VAT) and 3% (with VAT) and the transition procedure if the entrepreneur received the status of a VAT payer are clarified.

For FOPs falling under mandatory VAT registration, additional requirements appear:

  • introduction of more detailed accounting of income and expenses in the prescribed form;
  • regular submission of VAT reporting and tax payment according to all rules, as for other payers.

That is, the simplified system remains, but the level of formalization and accounting for part of FOPs will increase significantly.

When New Rules Might Start Operating

According to the logic arising from the explanatory materials to the draft law and Ukraine’s financial obligations:

  • End of 2025 – the draft law was submitted for discussion;
  • 2026 – submission to parliament, consideration, and voting are expected;
  • January 1, 2027 – the date from which they plan to put the new rules into effect (if the law is adopted and signed).

That is, even under an optimistic scenario for the state, entrepreneurs have at least a year to prepare.


What VAT Rules Apply to FOPs Now (2025–2026)

To understand the scale of changes, it is important to fix the starting point.

Currently:

  • There is a general rule in the Tax Code: when exceeding UAH 1 million of taxable turnover in 12 months, a business entity must register as a VAT payer.
  • Single tax payers of groups 1–3 have a special privilege – this requirement does not apply to them now.
  • FOPs of groups 1 and 2 do not register as VAT payers at all while the current version of the code is in effect.
  • FOPs of group 3 can work:
    • either at a rate of 5% without VAT;
    • or at a rate of 3% + VAT, if they voluntarily decide to register as a VAT payer or are obliged to do so on general grounds.

And most importantly: exceeding an income of over UAH 1 million by a FOP of group 1–3 in itself does not yet create an obligation to become a VAT payer until the law is changed.

What This Means for FOPs in Practice

Today the situation looks like this:

  • In 2025–2026, FOPs of groups 1–3 work according to already familiar rules – no “new VAT” specifically for simplifiers has been introduced.
  • FOPs of groups 1–2, as before, do not become VAT payers.
  • FOPs of group 3 can independently decide whether to work with VAT (3% + VAT) or without it (5%), based on the structure of their clients and expenses.

How to Prepare for Possible Changes Without Panic

A rational strategy for an entrepreneur now is not to be nervous, but to plan:

  1. Follow the fate of the draft law
    Subscribe to news from the Ministry of Finance, the State Tax Service, and specialized accounting resources – so as not to miss the moment when the project is submitted to the Rada and in what form it is adopted.
  2. Analyze your turnover
    If you are steadily approaching UAH 1 million per year or exceeding this amount, it is worth calculating in advance how a possible transition to VAT will affect prices, cost, and profit.
  3. Review the model of working with clients
    For those who work mainly with large companies, VAT is often not a problem – on the contrary, it is even more convenient for counterparties. Perhaps a voluntary transition to VAT even before the changes will be a profitable step for you.
  4. Consult with specialists
    Everyone has their own individual situation: someone works in retail, someone in B2B or IT. Therefore, before changing the taxation model, it is better to discuss options with an accountant or tax consultant.

Conclusion: We Work as Before Now, But Look to 2027

Today it is important to fix several theses:

  • Yes, the state has a clear intention to tie FOPs of groups 1–3 to general VAT rules through a turnover threshold of UAH 1 million.
  • Yes, there is already a specific draft law from the Ministry of Finance published for discussion.
  • No, this law is not yet in effect, and until January 1, 2027, no automatic changes for simplified FOPs have been launched.

As of the end of 2025, there are no grounds for panic decisions – there is time to calmly prepare, follow the news, and calculate scenarios for your business.

The material is for informational purposes only and is not individual tax or legal advice. To make decisions regarding your business, we recommend contacting a professional consultant.

Group 3 Individual/Private Entrepreneurs (FOP) in 2026: New Limits and Total Tax Burden

From January 1, 2026, working conditions for Group 3 FOPs are also changing. Although the percentage rates of the Single Tax remain unchanged, the total financial burden will increase due to the rise in the minimum wage (to UAH 8,647).

1. Income Limit

The annual limit for the third group increases significantly and will amount to UAH 10,091,049.

Tax Details (Single Tax, ESV, Military Levy)

For Group 3, the key factors are percentage rates based on turnover and the fixed ESV.

Payment Type Rate Payment Amount
Single Tax 5% (non-VAT)
or 3% (+ VAT)
% of income
Military Levy 1% of income % of income
ESV
(Social Contribution)
22% of Min. Wage UAH 1,902.34/mo
(UAH 22,828.08/year)

Tax Burden Formula

For a Group 3 FOP (non-VAT payer), the estimated expense scheme for 2026:

UAH 22,828.08 (ESV)
+
6% of annual income

(5% Single Tax + 1% Military Levy)

What Entrepreneurs Should Do

  • Recalculate expenses: Evaluate whether it is profitable for you to remain in Group 3, considering the increase in ESV and the Military Levy.
  • Evaluate VAT: If your main counterparties are VAT payers, it may make sense to switch to the 3% + VAT rate.
  • Monitor the limit: The new limit of over UAH 10 million opens up more opportunities for business scaling without switching to the general taxation system.

Group 2 Individual/Private Entrepreneurs (FOP): How Much Tax to Pay in 2026

From January 1, 2026, a new minimum wage of UAH 8,647 will be in effect in Ukraine. This will lead to an increase in the tax burden for Group 2 FOPs, as their taxes are tied specifically to this indicator.

Let’s look at the detailed calculation of payments for 2026.

1. New Income Limit

The limit on income for staying in Group 2 is increasing and will amount to UAH 7,211,598 per year.

Tax Details (Single Tax, ESV, Military Levy)

The main changes concern the Single Tax, ESV, and the Military Levy.

Payment Type Rate / Base Monthly Amount Annual Amount
Single Tax
(maximum rate)
up to 20% of Min. Wage UAH 1,729.40 UAH 20,752.80
ESV
(Social Contribution)
22% of Min. Wage UAH 1,902.34 UAH 22,828.08
Military Levy 10% of Min. Wage UAH 864.70 UAH 10,376.40

* Note: This table shows calculations at the maximum Single Tax rate. Specific amounts in your city or community may be lower, depending on the decision of the local council.

Total Tax Burden

If a Group 2 FOP pays all taxes throughout the year at the maximum rate:

~ UAH 53,957.28 / year

(Sum of ESV, max. Single Tax, and Military Levy)

Since the main reason for the increase in payments is the rise in the minimum wage, entrepreneurs should take these changes into account when planning prices for their goods and services in the new year.

Taxes for Group 1 Individual/Private Entrepreneurs (FOP) from January 1, 2026: New Limits and Amounts

From January 1, 2026, the new State Budget comes into force in Ukraine. Along with it, the minimum wage and the subsistence minimum are changing, which directly affects the tax burden for entrepreneurs of Group 1 of the simplified system.

New Base Indicators for 2026

The Law on the State Budget 2026 establishes:

  • Minimum Wage: UAH 8,647
  • Subsistence Minimum (for able-bodied persons): UAH 3,328

What Changes for Group 1 FOP

For the first group, three indicators are key: the income limit, the Single Tax (tied to the subsistence minimum), and the Unified Social Contribution – ESV (tied to the minimum wage).

1. Income Limit

From 2026, the annual income limit for staying in Group 1 increases to UAH 1,444,049.

2. Tax Burden Breakdown

Payment Type Rate / Base Monthly Amount Annual Amount
Single Tax
(maximum rate)
up to 10% of Sub. Min. UAH 332.80 UAH 3,993.60
ESV
(Social Contribution)
22% of Min. Wage UAH 1,902.34 UAH 22,828.08
Military Levy 10% of Min. Wage UAH 864.70 UAH 10,376.40

* Important: The specific Single Tax rate is set by the local council, so in your community, it may be lower than the maximum.

Summary: How Much to Pay in 2026

If a Group 1 entrepreneur works the whole year and pays the maximum Single Tax rate:

~ UAH 37,198.08 / year

(Sum of ESV, maximum Single Tax, and Military Levy)

We recommend checking the decision of your local council regarding rates for 2026 in advance to accurately plan your budget.

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