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New Leasing Tax Rules Threaten Ukrainian Aviation Industry

New Leasing Tax Rules Threaten Ukrainian Aviation Industry
Criminal Investigations Replace Standard Tax Procedures
Ukraine’s aviation sector is currently confronting a critical challenge as complex tax and economic disputes increasingly escalate into criminal investigations rather than being addressed through conventional tax procedures. The Bureau of Economic Security (BEB) has initiated multiple criminal cases against airlines leasing aircraft from abroad, based on a contentious interpretation of international law that classifies leasing payments as royalties subject to taxation.
This shift originates from a 2024 interpretation issued by the State Tax Service under Tetiana Kiriyenko, which has empowered law enforcement agencies with new authority over aviation businesses. Instead of resolving intricate international tax issues through legal clarification or audits, authorities are resorting to criminal prosecution. Industry experts warn that this approach jeopardizes the sustainability of Ukrainian civil aviation—a sector deemed essential for the country’s economic recovery and currently dependent on international contracts for survival.
Impact on Airlines and Industry Stability
A prominent example is the case of PrJSC "Airline Constanta," which is facing criminal proceedings related to leasing payments for aircraft. The BEB alleges that company officials, in collaboration with a UAE-based non-resident firm, misapplied provisions of the Ukraine-UAE double taxation treaty between January 2023 and March 2025. Investigators contend that this arrangement enabled the airline to avoid withholding tax on payments, constituting large-scale tax evasion under Article 212 of the Criminal Code.
This case is part of a broader pattern. According to Mykola Shcherbyna, executive director of the Ukrainian Air Transport Association, at least five airlines are currently under investigation for alleged tax evasion linked to leasing payments made to foreign entities. Among these is PJSC "Ukraine International Airlines" (UIA), where authorities argue that leased aircraft should be classified as intellectual property, thereby requiring royalty payments.
The ramifications of these new tax interpretations are extensive. Ukrainian aviation companies face the prospect of increased operational costs, which may lead to higher prices for consumers and businesses alike. Airlines might be compelled to renegotiate contracts, revise business strategies, or even consider relocating operations to jurisdictions with more favorable tax environments. Competitors could capitalize on this uncertainty by offering more attractive leasing terms or competitive pricing to capture market share.
Furthermore, the ambiguity surrounding the tax treatment of leasing operations threatens the industry’s ability to secure financing, putting future investments and fleet expansion plans at risk. The transition from legal certainty to arbitrary tax interpretations exposes Ukrainian aviation businesses to significant risks, undermining confidence in the regulatory framework.
As criminal investigations persist, the aviation sector faces mounting obstacles that could hinder its growth and diminish its contribution to Ukraine’s economic recovery. The future of the industry now depends on whether authorities will revert to resolving tax disputes through transparent legal mechanisms rather than criminal prosecution.

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