The Ukrainian Parliament adopted the Law No. 2139-IX on Introduction of Changes to Tax Code of Ukraine as to Implementation of Differentiated Royalty Rate for Natural Gas Production (the “Law”). Royalty rates on joint ventures and sea shelf drilling remain
unchanged (70% and 11% respectively).
Under the Law the gas value (other than gas covered by PSO) for the purpose of the royalty calculation shall be the average of:
- the average customs import price for the reporting period as calculated the customs service and provided to the Ministry of Economy of Ukraine by the 10th day of the month following the reporting one, and - the average amount of quotations for gas in the reporting month at the Title Transfer Facility (TTF), the Dutch trading platform, at information of EEX (The European Energy Exchange), which has been formed for the calendar month preceding the reporting
one, which is calculated by the Ministry of Economy of Ukraine for 1000 cubic meters in USD and national currency of Ukraine (exclusive of VAT) at the average official exchange rate of the National Bank of Ukraine for the reporting period.
The figures above will be published by the Ministry of Economy of Ukraine by the 10th day of the month following the reporting one.
Under the Law the following new royalty rates for the natural gas production shall be applicable:
For wells up to 5 km drilled before 1 January 2018:
a. 14,5 % - if the price for gas is up to $150/ 1,000 m3; b. 29% - if the price for gas is $150 - $400/ 1,000 m3; c. 29% of gas value up to $400/ thou m3 and 65% of gas value in excess of $400/ 1,000 m3 - if the price for gas exceeds $400/ 1,000 m3;
For wells deeper than 5 km drilled before 1 January 2018:
a. 7 % - if the price for gas is up to $150/ 1,000 m3; b. 14% - if the price for gas is $150 - $400/ 1,000 m3; c. 14% of gas value up to $400/ 1,000 m3 and 31% of gas value in excess of $400/ 1,000 m3 - if the price for gas exceeds $400/ thou m3;
For new wells up to 5 km drilled after 1 January 2018
a. 6% - if the price for gas is up to $150/1,000 m3; b. 12% - if the price for gas is from $150 up to $400/ 1,000 m3; c. 12% of gas value up to $400/ 1,000 m3 and 36% of gas value in excess of $400/ 1,000 m3 - if the price for gas exceeds $400/ 1,000 m3;
For new wells deeper than 5 km drilled after 1 January 2018
a. 3% - if the price for gas is up to $150/1,000 m3; b. 6% - if the price for gas is from $150 up to $400/ 1,000 m3; c. 6% of gas value up to $400/ thou m3 and 18% of gas value in excess of $400/ 1,000 m3 - if the price for gas exceeds $400/ 1,000 m3.
The Government guarantees that royalty rates under the Law shall remain unchanged for 10 years period (from 1 March 2022 until 1 March 2032). During this period, there should be no increase of royalty rates and no additional coefficients which will result or
may result in the increase of the guaranteed royalty rates. However, Ukraine may reduce the royalty rates under the Law enacting the respective legislation in the future.
New royalty rates under the Law apply starting from 1 March 2022.
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