Uzbekistan Individual Tax Guide

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Worldwide Personal Tax and Immigration Guide 2021–22

Tashkent GMT

EY

Inconel Business Center, 3rd Floor

75 Mustaqillik Avenue

Tashkent 100000 Uzbekistan

Executive contacts

Doniyorbek Zulunov

Dinara Tanasheva

+998 (78) 140-6482

Fax: +998 (78) 140-6483

Email: doniyorbek.zulunov@uz.ey.com

+7 (727) 258-5960 (resident in Almaty, Kazakhstan)

Fax: +7 (727) 258-5961

Email: dinara.s.tanasheva@kz.ey.com

A. Income tax

Who is liable. Individuals are subject to tax in Uzbekistan based on their tax residency status. A resident is defined as an individ ual who is physically present in Uzbekistan for 183 days or more in any period up to 12 months beginning or ending in a calendar year for which tax residency is determined. Individuals who are physically present in Uzbekistan for less than 183 days, but more than in any other state in a calendar year, are also considered residents of Uzbekistan. Accordingly, individuals not meeting these tests are considered to be nonresidents. Residents are taxed on their worldwide income. Nonresidents are taxed only on their Uzbek-source income.

Income subject to tax. In general, all income and benefits-in-kind are taxable in Uzbekistan, unless they are specifically exempt. Types of income that are specifically exempt from tax include, among others, alimony and state pension income.

The taxation of various types of income is described below.

Employment income. Employment income includes all cash and noncash remuneration, allowances and benefits arising from employment.

Self-employment and business income. In general, selfemployment and business income is included in an individual’s gross income and taxed at the general individual income tax rates (see Rates). However, the following special tax rules apply to private entrepreneurs:

• Individual income tax in a fixed amount. Private entrepreneurs with annual turnover of less than UZS100 million (approxi mately USD9,441) are entitled to either pay individual income tax on the basis of an annual individual income tax declaration (at the general rate of 12%) or pay individual income tax in a fixed amount, which varies from UZS50,000 to UZS750,000 per month (approximately USD4.72 to USD70.80), depending on the activities of the private entrepreneur and the location of the activities.

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• Revenue tax. Private entrepreneurs with an annual turnover of over UZS100 million but less than UZS1 billion (approximately USD9,441 to USD94,419) are subject to a revenue tax at the standard rate of 4%. Private entrepreneurs with annual turnover over UZS100 million but less than UZS1 billion (approximately USD9,441 to USD94,419) are entitled to switch to the generally established taxation regime on a voluntary basis.

• General established taxation regime. Private entrepreneurs with annual turnover of more than UZS1 billion (approximately USD94,419) are subject to the generally established tax regime (paying corporate income tax, value-added tax and other taxes) applicable to legal entities.

Directors’ fees. Directors’ fees are generally included in gross income and are subject to individual income tax at the general individual income tax rates (see Rates).

Investment income. Dividends and interest income received from Uzbek companies are subject to withholding tax at a rate of 5% for tax resident individuals and 10% for tax nonresident individuals. Royalties and other investment income are generally taxable at the general individual income tax rates (see Rates). However, interest income of individuals received from certificates of deposits, bank deposits and government securities is exempt from tax.

Taxation of employer-provided stock options. The Uzbek law does not provide any specific measures regarding the taxation of stock options.

Capital gains and losses. Capital gains are normally subject to tax at the general individual income tax rates (see Rates). Capital gains derived from the sale of private nonbusiness property are generally exempt from tax. A capital gain derived from the sale of residential premises is exempt from tax if the premises belonged to the individual for more than 36 calendar months preceding the sale. Capital losses are not deductible.

Deductions. No significant tax deductions are allowed for indi viduals (except for private entrepreneurs who apply individual income tax on the basis of an annual individual income tax declaration and who are allowed to apply for deduction of business expenses that are confirmed with documents).

Rates. The general Uzbek individual income tax for residents is levied at a flat rate of 12%, while a flat rate of 20% applies to nonresidents. Different rates apply to investment income as described in Investment income above.

Relief for losses. Losses may not be carried forward or back by individuals.

B. Other taxes

Wealth tax and net worth tax. Uzbekistan does not impose a wealth tax or net worth tax.

Property tax. Property tax is imposed on buildings, apartments and other immovable property of individuals. The rates for resi dential property vary from 0.23% to 0.4% of the cadastral value

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of the property. For property used for entrepreneurial purposes or leasing for business, a tax rate of 2% applies.

Inheritance, estate and gift taxes. Inheritances and gifts received from other individuals are generally not taxable (except for immovable property, motor vehicles, securities and shares received from individuals who are not close relatives). Gifts from an employer valued above 2.11 times the minimum wage (approximately USD149) per year are taxable at the general indi vidual income tax rates (see Rates).

Land tax. An individual granted permanent possession of a land plot may be subject to land tax at a fixed rate, depending on the location of the land. For example, in the city of Tashkent, the rates vary from UZS471.8 to UZS1,193.6 (approximately USD0.04 to USD0.11) per square meter, depending on the loca tion of the land plot.

C. Social security

Employers must make mandatory monthly contributions to individual accumulative pension accounts of citizens at a rate of 0.1% of salaries of employees, and the amounts of such contributions are subtracted from accrued individual income tax. Employers are subject to a social tax on the gross payroll of employees at a rate of 12% (while a 25% rate is applicable for state organizations).

D. Tax filing and payment procedures

An annual tax declaration must be completed and filed by 1 April of the year following the reporting year. Payment of any addi tional tax liability must be made by 1 June of the year following the reporting year. An individual leaving Uzbekistan must file a final departure tax declaration one month before departure, and the resulting tax liability must be paid within 15 days after filing the departure tax return.

E. Double tax relief and tax treaties

Uzbekistan has entered into double tax treaties with the following jurisdictions.

Austria Iran Romania Azerbaijan Ireland Russian

Bahrain Israel Federation

Belarus Italy Saudi Arabia

Belgium Japan Singapore Bulgaria Jordan Slovak Republic

Canada Kazakhstan Slovenia

China Mainland Korea (South) Spain

Czech Republic Kuwait Switzerland

Egypt Kyrgyzstan Tajikistan

Estonia Latvia Thailand

Finland Lithuania Turkey

France Luxembourg Turkmenistan

Georgia Malaysia Ukraine

Germany Moldova United Arab

Greece Netherlands Emirates

Hungary Oman United Kingdom

India Pakistan Vietnam

Indonesia Poland

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To obtain treaty benefits, a written application for treaty relief must be submitted to the Uzbekistan tax authorities and must be accompanied by certain documents including a certificate from the applicant’s home country tax authorities stating that the appli cant is resident in that country.

F. Temporary visas

In general, all foreign nationals and stateless persons are required to obtain a visa to enter Uzbekistan. The general visa require ments do not apply to the following individuals:

• Nationals of the following former USSR countries: Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan (if up to 60 days), Moldova, the Russian Federation, Tajikistan (if up to 30 days) and Ukraine

• Based on a visa-free regime for stays up to 30 days by nationals of the following countries: Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Barbados, Belgium, Belize, Bosnia and Herzegovina, Brazil, Brunei Darussalam, Bulgaria, Canada, Chile, Costa Rica, Croatia, Cuba, Cyprus, Czech Republic, Dominica, Dominican Republic, Denmark, El Salvador, Estonia, Finland, France, Germany, Greece, Grenada, Guatemala, Honduras, Hungary, Iceland, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Korea (South), Latvia, Lichtenstein, Lithuania, Luxembourg, Malaysia, Malta, Mexico, Monaco, Mongolia, Montenegro, the Netherlands, New Zealand, Nicaragua, Norway, Panama, Poland, Portugal, Romania, San Marino, Serbia, Singapore, Slovak Republic, Slovenia, Spain, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sweden, Switzerland, Trinidad and Tobago, Turkey, the United Arab Emirates, the United Kingdom and Vatican City

• From 2020, nationals of China Mainland, including the Hong Kong Special Administrative Region (SAR), for stays up to seven days

• Crew members of aircraft of foreign airlines carrying out regu lar flights to Uzbekistan for stays up to 30 days

• Passengers in transit who continue their journey within 24 hours by the same or first connecting aircraft if they hold valid onward and return documentation and if they do not leave the transit area

• Nationals of certain countries holding diplomatic passports who have the respective accreditation•

A simplified procedure for issuing touristic visas that cancels the requirement to provide to the Ministry of Foreign Affairs a tourist voucher or a request of the inviting legal entity or individual to Uzbekistan and that results in the processing of a visa within two working days applies to the nationals of the following jurisdic tions.

Albania Grenada Philippines

Algeria Guatemala Qatar Angola Guyana

St. Kitts

Antigua and Honduras and Nevis

Barbuda India St. Lucia

Bahamas Iran St. Vincent Bahrain Jamaica and the Bangladesh Jordan Grenadines Barbados Kiribati Samoa

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Belize Korea (South) Saudi

Bhutan Kuwait Arabia

Bolivia Laos Senegal

Cambodia Lebanon Seychelles

Cameroon Maldives Solomon

Cape Verde Marshall Islands Islands

China Mainland* Mauritius South Africa

Colombia Mexico Sri Lanka

Costa Rica Micronesia Suriname

Cote d’Ivoire Morocco Tonga

Cuba Nauru Trinidad and Dominica Nepal

Tobago

Dominican Republic Nicaragua Tunisia

Ecuador North Macedonia United States

Egypt Oman Uruguay

El Salvador Palau Vanuatu

Fiji Panama Venezuela

Gabon Paraguay Vietnam Ghana Peru

* Including the Hong Kong SAR.

In addition, for more convenience in obtaining visas for Uzbekistan, starting from 15 July 2018, foreign individuals can obtain an electronic visa through the E-VISA.UZ system for entry and stay in Uzbekistan for a period of 30 days. The elec tronic visa is valid for 90 days from the date of its issuance. The time for consideration of applications for registration and issu ance of an electronic visa is two working days, excluding the day the application was filed.

The visa requirements are subject to frequent changes. Consequently, individuals should verify them before planning a trip to Uzbekistan.

Business visa. In general, to obtain a business visa to Uzbekistan, a visa applicant should submit the following documents to the relevant consular office of Uzbekistan:

• Invitation letter from the hosting organization (for example, a business partner or an Uzbek company) that is duly processed through the Ministry of Foreign Affairs of Uzbekistan in Tashkent (this requirement does not apply to the nationals of those countries for which Uzbekistan has a simplified proce dure for issuing visas)

• Two copies of the completed and signed visa application form

• Valid passport or document of a stateless person

• Two passport-size pictures

• Proof of visa fee payment unless a visa fee exemption has been established by an intergovernmental agreement between Uzbekistan and the respective foreign country, and/or Uzbekistan legislation

Incomplete visa applications are not accepted. A personal interview with an applicant may be required. Visas are issued within two working days to citizens of those countries for which Uzbekistan has a simplified procedure for issuing visas. For citi zens of other countries, the processing of business visa applica tions may take up to 10 calendar days.

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Starting from 1 March 2019, for founders (participants) of enter prises with foreign investments and for members of their families, the investment visa is introduced. It is valid for a period of three years, with the possibility of extension without leaving Uzbekistan.

For citizens of foreign jurisdictions, including founders (participants) of enterprises with foreign investments, who made invest ments in enterprises producing goods and services located in Uzbekistan in the equivalent of at least USD3 million, a resi dence permit may be issued for 10 years.

Private invitation visa. In general, to obtain a private invitation visa to Uzbekistan, an inviting individual should submit the fol lowing documents:

• Original letter of invitation (faxes or copies are not accepted) from the inviting person that has been approved by the local department of the Ministry of Internal Affairs of Uzbekistan

• Visa request application

• Electronic application from the evisa.mfa.uz website

• Copies of valid passports of the invited and the inviting person or of a document of a stateless person

• Copies of documents confirming the relationship (if any) between the invited and the inviting person

• Copies of tickets or reservations for an arrival visa receipt at the Tashkent airport

In addition, to obtain a private invitation visa to Uzbekistan, a visa applicant should submit the following documents:

• Valid passport or document of a stateless person

• Two copies of the completed and signed visa application form

• Two passport-size pictures

• Proof of visa fee payment unless a visa fee exemption has been established by an intergovernmental agreement between Uzbekistan and the respective foreign country, and/or Uzbekistan legislation

Incomplete visa applications are not accepted. A personal inter view with the applicant may be required.

Transit visa. In general, an individual traveling through Uzbekistan to another country needs a transit visa for Uzbekistan. To obtain a transit visa, a visa applicant should submit the follow ing documents to the relevant consular office of Uzbekistan:

• Two copies of completed and signed visa application form

• Valid visa to the country of destination

• Travel documents with confirmed departure date from Uzbekistan to the country of destination (confirmed round-trip ticket)

• Valid passport or a document of a stateless person

• Two passport-size pictures

• Proof of visa fee payment unless a visa fee exemption has been established by an intergovernmental agreement between Uzbekistan and the respective foreign country, and/or Uzbekistan legislation

Incomplete visa applications are not accepted. A personal inter view with an applicant may be required. Transit visas are issued within three calendar days after the date of application.

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Additional information. In general, if an individual’s stay in Uzbekistan exceeds three days excluding public holidays and nonworking days, he or she is required to register with the local department of the Ministry of Internal Affairs within three busi ness days after arrival. A registration stamp may be affixed on the individual’s passport. The following are significant aspects of registration:

• If the individual stays in a hotel, the hotel administration regis ters the individual automatically.

• If the individual stays in a private apartment or house, he or she should be registered with the local department of the Ministry of Internal Affairs in the district where this apartment or house is located.

• There is no fee for registration of an individual from a Commonwealth of Independent States (CIS) country for a period of stay up to one month. A fee for registration of an individual from a CIS country for a period of stay of up to six months is UZS49,000 (approximately USD5), and for a period of stay over six months is UZS98,000 (approximately USD10). Foreign individuals from other jurisdictions do not pay a fee for a period of stay up to one month and pay a fee in the amount of UZS490,000 (approximately USD50) or more for a period of stay over one month, depending on the length of stay.

An individual’s registration may be checked on departure from Uzbekistan. Failure to register may lead to administrative liabil ity of a foreign national in the form of a fine of up to UZS4,900,000 (approximately USD462) or deportation from Uzbekistan.

G. Additional categories of entry visas for certain groups of foreign citizens

Additional categories of entry visas for certain groups of foreign citizens include the following:

• Vatandosh: a visa issued for two years to natives of Uzbekistan and members of their families, invited by their relatives who are citizens of Uzbekistan

• Student visa: a visa issued for one year to foreign students studying in educational institutions of Uzbekistan

• Academic visa: a visa issued for three months to two years to foreign citizens who wish to conduct research and teaching activities in Uzbekistan

• Medical visa: a visa issued for a period of up to three months to foreign citizens coming to Uzbekistan for medical treatment by invitation of the hospital

• Pilgrim visa: a visa issued for a period of up to two months to foreign citizens at the request of the Committee of Religious Affairs

H. Work visas and permits and self-employment

A foreign citizen may work in Uzbekistan only if he or she obtains a confirmation for the employment through his or her Uzbek employer. Starting from 1 January 2021, Uzbek employers do not need to obtain additional work permits for employment of foreign specialists.

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Uzbek law does not contain any measures allowing a foreign citizen to be self-employed in Uzbekistan.

I. Residence visas

The local offices of the Ministry of Internal Affairs of Uzbekistan can issue residence visas to foreign citizens permanently residing in Uzbekistan upon submission of the package of required docu ments.

The residence visa is issued for up to five years and can be renewed five times for the same period.

J. Family and personal considerations

Family members. The spouse and dependents of a working expa triate should obtain separate work confirmation to be legally employed in Uzbekistan. In addition, they should apply for their entry visas independently of the employed expatriate.

Marital property regime. Property acquired by a couple during marriage is considered their common property unless the law or a marital agreement provides otherwise. In addition, property gifted to or inherited by one of the spouses is considered the personal property of that spouse.

Forced heirship. Under Uzbek succession law, a testator is free to give by will his or her property in any manner he or she sees fit.

Driver’s permits. A foreign citizen of a member country of the Vienna Convention on Road Traffic of 1968 may drive legally in Uzbekistan with his or her home country driver’s license or inter national driver’s license that meets the technical requirements established for national and international driver’s licenses by the Vienna Convention on Road Traffic of 1968. The above-mentioned valid driver’s licenses are recognized in Uzbekistan until the moment from which Uzbekistan becomes the permanent residence of the holder of the driver’s license.

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