Інтерфакс-Україна

Draft Law on Taxation of Digital Platforms Exempts Real Estate Rentals via OLX

Recent reports indicate that real estate rentals will not fall under the new taxation rules proposed by Draft Law No. 15111, as confirmed by OLX's press service.

According to recent news, real estate rentals will not be subject to the new taxation rules proposed by Draft Law No. 15111. This information was confirmed by the press service of OLX, stating that the platform is not a participant in the reporting activities within this category.

Representatives from OLX explained that an important characteristic of reporting activities is the provision of services in both online and offline formats, after the service has been facilitated through the platform. According to subparagraph 14.1.286.1 of the draft law, the term 'platform' does not encompass software that merely informs about reporting activities or advertises them to users without further involvement in the process.

"OLX, in the context of real estate rentals, serves only as a bulletin board: we provide the opportunity to post advertisements, but we do not participate in the execution of agreements related to property rentals, and we do not have information about the conclusion of agreements or their amounts," emphasized the company’s press service.

Thus, OLX performs only an informational function regarding reporting activities without any further involvement, which, according to subparagraph 14.1.286.1, means that the platform does not fall under the new regulatory requirements proposed by the draft law.

It is worth noting that on March 10, the Verkhovna Rada of Ukraine rejected the draft law concerning the taxation of income received through digital platforms, which garnered only 168 votes, while 226 votes were necessary for its approval.

On March 30, 2023, the Cabinet of Ministers of Ukraine adopted a new draft law titled "On Amendments to the Tax Code and the Law on Banks and Banking Activities Regarding the Implementation of International Automatic Exchange of Information on Income Received Through Digital Platforms" (No. 15111). According to this document, income from renting real estate, vehicles, personal services, and the sale of goods received by individuals through digital platforms up to 834 times the minimum wage (approximately 7.2 million UAH as of 2026) will be taxed at a rate of 5% instead of the usual personal income tax rate of 18%. For this, individuals will need to open a special account for such activities and notify the digital platform operator, who, according to the draft law, will become a tax agent.

Additionally, the draft law also stipulates that the income of an individual seller from the sale of goods through platforms will not be included in taxable income if the total amount for the reporting year does not exceed the equivalent of 2000 euros. It is important to note that there is no requirement to open a bank account for conducting reporting activities, and the accountable seller can use existing accounts opened for personal needs.

OLX representatives have previously indicated that they believe it is necessary to reconsider the requirement for the mandatory status of tax agency for digital platform operators in the case of selling goods, as such a requirement is not part of European legislation.