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| LAW OF UKRAINE |
For amendments to the Tax Code of Ukraine on transfer pricing
(Verkhovna Rada Information (VR), 2015, No. 40-41, pp. 380)
The Verkhovna Rada of Ukraine:
I. Amend Tax Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2011, No. 13-17, art. (112) Such changes:
1. In Paragraph 14.1 Article 14:
1) in sub-item 14.1.71 :
The third sentence of the paragraph should read: "In this case the usual price is considered to be the price determined by the parties to the treaty, but not below the minimum or indicative price";
in a paragraph of the third word and the numbers "on the condition that it is impossible to apply the methods specified in paragraph 39.3.1 of paragraph 39.3 of Article 39 of this Code" exclude;
in the fifth word paragraph "There is a price that corresponds to the level of market prices at the time of the contract" to replace the words "is the price that corresponds to the forward or the futures price on the date of such a contract";
2) in sub-item 14.1.159 :
paragraph 9 of subparagraph (a) and a paragraph of the sixth sub-item "b" to complement the sentence of this content: " In this sum of such loans (loan), the turning of financial assistance and its own capital is defined as the arithmetic mean (beginning and end) (Reporting period) ";
" In the presence of circumstances prescribed in the paragraph of the first of this sub-item, legal and/or physical persons who are parties to the economic operation have the right to self-acknowledge themselves for the purposes of taxation related to persons not predicted. Subparagraphs "a-" to "this sub-item".
2. In Article 39 :
1) in subparagraphs 39.1.4 Paragraph 39.1. of the words "and the tax on the added value" to exclude;
2) in 39.2 point :
in sub-item 39.2.1 :
the paragraph of the first edition:
" 39.2.1. Add operations to controlled operations ";
sub-items 39.2.1.1 and 39.2.1.2 Set out in this edition:
" 39.2.1.1. For the purposes of counting the tax on profit of enterprises controlled by operations is:
(a) Household operations affecting the object of taxation (parties) of such transactions carried out by taxpayers with related persons-non-residents;
(b) External economic transactions for sale of goods through commissions-non-residents.
39.2.1.2. For purposes of income tax, businesses controlled are economic transactions that affect the tax payable object, one of the parties of which is non-resident registered in the state (on the territory), included on the list. States (territories) approved by the Cabinet of Ministers of Ukraine.
Transactions with the counteragent registered in the state (on the territory) included on the listed list are recognized as controlled from the date of incorporation of the state (territory) to such a list.
During the definition of the list of states (territories) of the Cabinet of Ministers of Ukraine takes into account the following criteria:
States (territories), in which the total rate of income tax for enterprises (corporate tax) is 5 and more interest rates lower than in Ukraine;
States with which Ukraine does not conclude international treaties with information exchange.
Approved by the Cabinet of Ministers of Ukraine list of states (territories) the central executive body, implementing state tax and customs policy, promulgates each year in official print publications and on its official website with the value of A tax rate for businesses (corporate tax). Information on rates change is published for three months from the date of their change ";
paragraph First , second and third Sub-item 39.2.1.3 shall be set out in this edition:
" 39.2.1.3. For controlled extraction operations in the customs mode of export and/or import in the customs import mode, which have a birched quote, matching the conditions of the controlled operation of the "stretched hand" principle income (profit, revenue) of taxpayers, which are parties to a controlled transaction, is carried out by a comparison of the uncontrolled price.
To comply with the conditions of the controlled transactions, the "stretched hand" principle is used for the price range on the goods listed on the commodity exchange. A list of goods that have a exchange of coatings, and the world trademarks for each group of goods is defined by the Cabinet of Ministers of Ukraine. The price range is calculated according to the order defined in the paragraph of the fourth sub-item 39.3.2.3 of this article, based on the stock quoted of the commodity for the decade preceding the controlled operation.
Prices are subject to adjustments to the volume of the controlled operation, conditions of payment and supply of goods, qualitative characteristics, transport costs ";
In the first word "taxable income", replace "the object of taxation for income tax";
paragraph 6 of the sixth edition:
"Operations for buying or selling corporate rights, promotions or other investments, buying or selling long-term material and intangible assets";
first paragraph Sub-item 39.2.1.5 shall be set out as follows:
" 39.2.1.5. If in the host chain between the taxpayer and its associated individual-non-resident, predicted sub-items 39.2.1.1, 39.2.1.2, 39.2.1.3 sub-item 39.2.1 of this item, ownership of such operation before moving from The taxpayer for a related person-non-resident (in the case of export operations) or before moving from a related person-non-resident to a taxpayer (in the case of imported operations) proceeds to one or more unrelated persons, such an operation for the purposes of taxation of tax revenue is considered to be controlled the operation between the taxpayer and its associated person-a non-resident if these unrelated individuals ";
subitems 39.2.1.6 and 39.2.1.7 Set out in this edition:
" 39.2.1.6. Uncontrolled operations-any economic transactions that are not foreseen by the subparagraphs 39.2.1.1, 39.2.1.2 and 39.2.1.5 of the sub-paragraph 39.2.1 of this item are carried out between unrelated individuals.
39.2.1.7. The economic operations stipulated by the subparagraphs 39.2.1.1 to 39.2.1.3 and 39.2.1.5 sub-item 39.2.1 of this item are recognized as controlled if the following conditions are met simultaneously:
The annual income of a taxpayer from any activity issued under accounting rules exceeds 50 million hryvnias (for the deduction of indirect taxes) for the relevant tax (reporting) year;
The volume of such economic transactions of taxpayer with each counterparty, defined by accounting rules, exceeds 5 million hryvnia (by the deduction of indirect taxes) for the relevant tax (reporting) year ";
Complement sub-paragraph 39.2.8 of this content:
" 39.2.1.8. Conditions under which economic operations are recognized by the following are in compliance with the principle of "stretched hand":
If the prices for goods (work, services) are subject to the state regulation according to the legislation, the price is considered to be the principle of a "stretched hand" if it is established according to the rules of such regulation. This provision does not apply to cases where a minimum (maximum) price of sale or indicative price is set. In this case, the price of the transaction corresponding to the principle of "elongated hand" is determined according to this article, but cannot be less than a minimum or indicative price and greater than the maximum price;
If the operation is mandatory for evaluation, the cost of an object of evaluation is the basis for setting the principle of "stretched hand" for the purposes of taxation;
In the event of an auction (public toring), the duty of which is defined by law, the conditions that were made by such an auction (public torts) are recognized by those corresponding to the principle of "elongated hand";
if the sale (alienation) of goods, including property transferred to the outpost to enforce creditor requirements, is carried out in forced order under the legislation, the conditions formed during such sales are recognized by the following: Match the principle of "elongated hand";
sub-paragraph 39.2.8 Sub-item 39.2.2. to exclude;
3) in Paragraph 39.3 :
in second paragraph Sub-paragraph 39.3.2.3. the words "such price corresponds" to replace the words "controlled transaction conditions comply";
sub-paragraph 39.3.2.5 Set out in this edition:
" 39.3.2.5. Under the definition of the level of profitability, controlled transactions may be used by financial performance, which ensure that the conditions of the controlled operation of the principle of "elongated hand" are used, in particular, but not exclusively:
(a) Gross profitability, which is defined as the ratio of gross profit to net income (proceeds) from the implementation of goods (works, services), calculated without regard to excise tax, income tax, value added, other taxes and fees;
(b) the gross profitability of the cost defined as the ratio of gross profit to the cost of the implemented goods (works, services);
(b) pure profitability, defined as the ratio of revenue from operating activities to net income (proceeds) from the implementation of goods (works, services) calculated without regard to excise tax, tariff, added value, others Taxes and fees;
(g) net cost-profitability, defined as the ratio of the profit from operating activities to the sum of the cost of the implemented goods (works, services) and operating costs (administrative costs, the costs of the excitation and other) related to the implementation Goods (works, services);
(g) Cost of operating expenses defined as the ratio of gross profit to operating expenses (administrative costs, costs of excitation and other) related to the implementation of goods (works, services);
(d) The profitability of assets defined as the ratio of revenue from operating activities to the current market value of non-negotiable and negotiable assets (except current financial investment and cash funds and their equivalents), which is directly or is indirectly used in a controlled operation. In the absence of necessary information on the current market value of the asset profitability assets can be determined based on accounting data;
(e) Capital profitability, defined as the ratio of revenue from operating activities to capital (the sum of non-negotiable and working assets other than current financial investments and cash funds and their equivalents other than current commitments) ";
sub-paragraph 39.3.3.3 In addition to the words "other than the cases stipulated by sub-paragraph 39.2.1.3 of sub-paragraph 39.2.1 of paragraph 39.2 of this article";
4) in Paragraph 39.4 :
first paragraph Sub-item 39.4.2 to exclude;
in subparagraphs 39.4.8 The figures and the word "10 days" are replaced by figures and words "30 calendar days";
5) in Paragraph 39.5 :
in sub-item 39.5.1 :
the paragraph of the first edition:
" 39.5.1. Tax control by setting up the terms of the controlled operation of the "extracted hand" principle is carried out by monitoring controlled transactions and conducting checks of taxpayers on the issues of full counting and payment of taxes. During controlled operations (further-check of controlled transactions) ";
sub-paragraph 39.5.1.2 Set out in this edition:
" 39.5.1.2. In case of a controlling body when performing a tax control function found evidence of taxpayer-controlled transactions, the report according to sub-item 39.4.2 of paragraph 39.4 of this article is not submitted, it sends a message of are controlled by the operations of the central executive body, which implements state tax and customs policy. The message is sent by electronic communication no later than 5 working days from the day of detection of such operations.
The taxpayer, which has been exercised by tax controls, is informed of the sending of a central executive branch implementing state tax and customs policy, reports of discovered controlled operations no later than 5 workers. days from the day of sending such a message ";
in sub-item 39.5.2 :
sub-paragraph 39.5.2.1. Set out in this edition:
" 39.5.2.1. The basis for verifying controlled operations is:
(a) To send a message to the controlling body according to sub-item 39.5.1.2 of paragraph 39.5.1 of this item;
(b) Detect monitoring of controlled operations in accordance with the conditions of the "stretched hand" principle controlled;
(b) A non-submission of taxpayer or filing with a violation of agenda item 39.4 of this article on controlled transactions or documentation of transfer pricing ";
sub-item 39.5.2.21 supplementing with words and figures "but not before the end of the term to provide a payer of objections, defined by sub-paragraph 39.5.2.20 of this item";
paragraph First and second Sub-item 39.5.3.1 of the text of the session:
" 39.5.3.1. The taxpayer and controlling body use the sources of information that contain information given to the commercial and financial conditions of operations according to sub-paragraph 39.2.2 of this article, including:
(a) Information on the joint uncontrolled transactions of the taxpayer, as well as information on the joint-controlled transactions of its counteragent-the side of the controlled operation with unrelated individuals. "
3. Paragraph 120.3 Article 120:
" 120.3. Non-submission of taxpayer reporting on controlled transactions and/or documentation on transfer pricing or non-inclusion of such information reports on all undertaken during the reporting period controlled by the requirements in accordance with paragraph 39.4. Article 39 of this Code entails a punitive penalty in the amount of:
The 300 dimensions of the minimum wage established by the law on 1 January of the tax (reporting) of the year,-in the case of disagreements (untimely submission) of the report on controlled operations;
1 percent of the amount of controlled transactions undeclared in the stated report on controlled transactions, but not more than 300 sizes of the minimum wage established by law on Jan. 1 tax (reporting) year, for all undeclared. Controlled transactions;
3 percent of the sum of controlled transactions under which the documentation was not filed is determined by sub-paragraph 39.4.6 of paragraph 39.4 of Article 39 of this Code, but not greater than the 200 dimensions of the minimum wage established by the law on 1 January tax (Reporting) of the year, for all controlled transactions made in the relevant reporting year.
The payment of such financial sanctions (fines) does not release the tax payer from the duty of filing a report on controlled transactions and/or documentation for transfer pricing. "
4. First Paragraph Paragraph 188.1 of Article 188 of the article shall be published in such an editorial:
" 188.1. The taxing of the supply of goods/services is determined based on their contractual value with regard to public taxes and fees (except gathering for mandatory state pension insurance, which is handled by the cost of services). cellular mobile connection, tax on added value and excise tax on alcohol used by manufacturers-entities of the household for the production of medicines, including the components of the blood and the products produced (other than drugs in the form of balsamine and elixirs). "
5. First Paragraph Article 198, paragraph 198.3, read:
" 198.3. The tax credit for the reporting period is determined based on the contractual (contract) cost of goods/services and consists of the sum of taxes awarded (paid) by the rate set by the 193.1 article 193 of this Code, during the course of of such a reporting period in connection with. "
6. Unit 10 Section XX "Transitional provisions" to supplement paragraph 34 of this content:
" 34. To establish that for controlled transactions with residents flown before 1 January 2015, the proportional adjustment is carried out under the rules that operated until January 1, 2015. "
II. Final and Transitional Provisions
1. This Act will take effect from the day, the following day by the day of its publication.
2. Forming the report on controlled operations and in cases foreseen Tax Code of Ukraine , the documentation for the transfer pricing for economic transactions made in 2015 is carried out on the basis of and subject to the norms of this Act.
3. Establish that, in compliance with the law, other laws and regulations apply in part that do not contradict the Act.
4. The Cabinet of Ministers of Ukraine in a three-month period from the day of publication of this Act would bring its legal and legal acts into compliance with the Act.
| President of Ukraine |
PZERN |
| Um ... Kyoto |
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