Order of the Ministry of Finance of Ukraine as of 08.02.2021 № 67 approved General tax consultation on some issues of application of the transfer pricing rules, which clarified the following issues:
criteria for recognizing related parties, which should be used by the taxpayer determining range of profitability of comparable legal entities;
list of information that should be included in the transfer pricing documentation, defined by Sub-paragraph 39.4.6 Paragraph 39.4 Article 39 of the Tax Code of Ukraine (particularly, regarding the need to substantiate documentation of economic feasibility of controlled operation and presence of business purpose), in connection with amendments to this Sub-paragraph of the Law of Ukraine as of 16.01.2020 № 466-IX “On amendments to the Tax Code of Ukraine to improve tax administration, eliminate technical and logical inconsistencies in tax legislation”(hereinafter – the Law № 466);
procedure for applying penalties to taxpayers in case of self-adjustment of price of controlled operation and amount of tax liabilities for the reporting year 2019 and submission of the relevant adjustment calculation after 01.10.2020 during the quarantine established by the Government throughout Ukraine to prevent the spread of coronavirus disease (COVID-19);
criteria for the recognition of related parties to be used by the taxpayer in determining controlled operation in the reporting year2020, in connection with changes introduced by the Law № 466 (before and after 23.05.2020; with four examples).
Full text of General Tax Consultation can be found at https://mof.gov.ua/uk/set-of-summarizing-tax-consultations.
