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Ukraine

24 August 2021

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Ukraine Clarifies Available Sources of Comparable Information for the Tax Authority

The Ukraine State Fiscal Service recently issued a guidance letter concerning the sources the tax authority may use for obtaining comparable information for transfer pricing purposes. These include:

  • Comparable uncontrolled transactions executed by the taxpayer or its counterparty with other unrelated parties;
  • Any publicly available information on comparable transactions and the parties involved;
  • Other sources that the taxpayer used to legally obtained information if the taxpayer provides that information to the tax authority; and
  • Information obtained by the tax authority through international tax treaties to which Ukraine is a party.

The letter also provides that the tax authority is required to use the same sources of information as the taxpayer unless it is proven that other sources provide a higher level of comparability of the commercial and financial transactional conditions. Lastly, the letter clarifies that the tax authority is disallowed from using information sources that are not publicly available or only available to public authorities, unless the information was obtained in the course of an audit of a taxpayer's transfer pricing compliance.

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