A new list of "low tax" jurisdictions has been adopted

Tax Alert

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On December 27, 2017, the Cabinet of Ministers of Ukraine adopted Resolution No. 1045, which approved a new list of jurisdictions that meet the criteria set forth in paragraph 39.2.1.2 of the Tax Code of Ukraine ("List").

The adopted edition of the List contains 85 states (territories), among which are the following:

  • New in the List: Burundi, Guatemala, Djibouti, Dominica, Dominican Republic, Estonia, Iran, Cuba, Laos, Latvia, Mauritius, Monaco, Puerto Rico, Samoa, Hungary
  • Returned to the List: Guadeloupe, Georgia, Lebanon, Malta, Morocco, United Arab Emirates and Singapore

Thus, transactions with counterparties registered in the states (territories) included in the List may be qualified as controlled ones for transfer pricing purposes starting from January 1, 2018 (in case of fulfillment of volume criteria set forth in paragraph 39.2.1.7 of the Tax Code of Ukraine).