Transfer pricing in Ukraine

Transfer pricing in Ukraine at a glance

Regulation Type National regulations
Are there specific transfer pricing regulations? Yes
Submission deadline 1st of may after fiscal years end
Submission deadline upon request 1 month
Annual update required Yes
Official language requirements Ukrainian
Potential impact of penalties 5% of the controlled transaction value

 

Ukrainian tax law

Rules for transfer pricing in Ukraine are based upon:

  • Tax Code of Ukraine Article 39
  • Decree of the Ministry of Revenues and Duties #699
  • Act No. 408-VII

OECD

Ukraine is not an OECD member but their transfer pricing legislation is generally in line with the OECD Transfer Pricing Guidelines.

Methods

Accepted methods

Accepted methods are:

  • The comparable uncontrolled price method (CUP)
  • The resale price method
  • The cost plus method
  • The profit split method
  • The transactional net margin method

Priority of methods

Taxpayers in Ukraine are free to choose any method. However, the CUP method is always preferred.

Documentation requirements

Information that should be included in the documentation:

  • Information about related parties
  • Information about the group, including the legal structure, description of the activities, as well as the group’s TP policy
  • Description and conditions of the transaction
  • Description of the goods (works, services)
  • Terms and conditions of settlement
  • Factors that influenced the price determination
  • Information about functions performed, assets used and economic risks assumed by the parties of the controlled transaction
  • An economic analysis including a benchmarking study, substantiation of the TP method(s), amount of income (profit) and/or expenses related to the controlled transaction, its profitability, source of information used
  • A comparability analysis
  • Information about the proportional transfer pricing adjustment performed by the taxpayer (if any)

Language

Rules for transfer pricing in Ukraine prescribe that all documentation should be in Ukrainian.

Requirements to prepare documentation annually 

In Ukraine, taxpayers are obliged to annually update a report on controlled transactions.

Submission deadline upon request by tax authorities

Upon request of the tax authorities, a taxpayer has one month to submit its documentation.

Advance Pricing Agreements

General

For large taxpayers it is possible to obtain unilateral and multilateral Advance Pricing Agreements (APA’s) .

Terms

An APA can be agreed upon for a period of three years. This period can be extended with an additional two years.

Penalties

Rules for transfer pricing in Ukraine provide for the following specific transfer pricing penalties:

  • 5% of the controlled transaction value – for failure to file a report on controlled transactions
  • 100 minimum monthly salaries (UAH 114,700 based on the minimum salary as at 1 January 2013) – for failure to file TP documentation

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