Ukraine adopts the list of organizational forms of non-residents for transfer pricing purposes

Tax Alert

By:

On July 4, 2017, the Cabinet of Ministers of Ukraine adopted Resolution No. 480 on the approval of the list of organizational forms of non-residents who do not pay income (corporate) tax and/or are not tax residents of the state in which they are registered as legal entities (the Resolution).

The Resolution contains the list of organizational forms of non-residents; transactions with which may be qualified as controlled in accordance with par. "g" of Art. 39.2.1.1 of the Tax Code of Ukraine.

The List contains 95 organizational forms of companies from 27 jurisdictions. Most companies are partnerships and types of partnerships; including: LLP in the UK, K/S in Denmark, LP in Switzerland etc.

Transactions with non-residents of specified organizational forms may be qualified as controlled transactions from the date the Resolution came into force (in case the required volume criteria is exceeded). However, upon calculation of volume of such transactions one should take into account their volume for the entire calendar year.