Cabinet of Ministers of Ukraine has adopted the list of legal forms for transfer pricing purposes
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1 14 July 2017 EY Tax and Legal Practice International Taxation News Cabinet of Ministers of Ukraine has adopted the list of legal forms for transfer pricing purposes Contacts at EY Vladimir Kotenko +380 (44) Igor Chufarov +380 (44) Albert Sych +380 (44) Olga Gorbanovskaya +380 (44) Oleksandr Fedosieienko Manager +380 (44) For the purposes of complying with the para , subpara. г of the Tax Code of Ukraine, the Cabinet of Ministers of Ukraine has adopted the Decree No. 480 as of 4 July 2017 approving the list of legal forms of non-resident entities that do not pay income tax (corporate tax), including the tax on income received outside the state of their registration, and/or are not the tax residents in the state where they are registered as legal entities (the "List"). In the table below you may find states and legal forms included in the List. Under the Law of Ukraine "On Amendments to the Tax Code of Ukraine (on improvement of the investment climate in Ukraine)" No as of 21 December 2016 transactions are also controlled with non-resident entities that do not pay income tax (corporate tax), including tax on income received outside the state of their registration, and/or are not the tax residents in the state where they are registered as legal entities. The aforementioned transactions fall under the transfer pricing control as of the date of the List entering into force. The calculation of threshold for the transactions with each counterparty is based on full 2017 calendar year reporting figures. Transactions are not subject to transfer pricing control if a non-resident entity with its legal form included in the List has paid taxes on income (corporate tax) in the reporting year, and other criteria are not met. Currently, the rules for confirming income (corporate) tax payment by such non-resident counterparty are not prescribed. *** We will continue monitoring the developments and will inform you of further significant changes.
2 2 International Taxation News 1. Australia General GP General Limited LP Limited Offene Handelsgesellschaft OHG General 2. Austria 3. Belgium 4. United Kingdom 5. Denmark 6. Estonia 7. Israel 8. Italy Offene Erwerbsgesellschaft OEG General Сommercial Kommanditgesellschaft KG Limited Kommandit Erwerbsgesellschaft KEG Limited Сommercial Gesellschaft nach bürgerlichem Recht GesnbR Civil Law Société en Nom Collectif, SNC, VOF General Рartnership Vennootschap Onder Firma (Ordinary (Ordinary ) ) Limited LP Limited Limited Liability LLP Limited Liability Skat Interessentskab General Interessentskab I/S General, owned shipping firm Kommanditselskab K/S Limited Udloddende investeringsforening Distributing Investment Fund Lepinguline investeerimisfond Investment Fund GP General שותפות כללית LP Limited שותפות מוגבלת Società іn Nome Collettivo S.N.C. General Società іn Accomandita Semplice LP Limited General GP General 9. Canada Limited LP Limited Trust Trust 10. Republic of Korea Extra Provincial Corporation EPC Extra Provincial Corporation Johap General Hapja johap Limited Hapja hoesa Limited Hapsung hoesa Unlimited Ikmyung johap Hidden
3 3 International Taxation News Société en Commandite Simple SECS Limited Société en Commandite par SECA Limited by Actions Shares Société en Nom Collectif SENC General Société Civile Civil 11. Luxembourg Association en Participation Association Société en Commandite Spécial SCSp Special Limited Société d Investissement à Capital Fixe SICAF Investment with Fixed Capital Société d Investissement à Capital Variable SICAV Investment with Variable Capital Fonds Commun de Placement Fonds Commun de Placement Société civile Civil 12. Mauritius 13. Malta Société à responsabilitée limitée Limited Liability Société en commandite simple Limited Société en nom collectif General Global Business Companies Global Business Companies category II Category II en commandite Limited en nom collectif General Vennootschap Onder Firma V.O.F. General Commanditaire Vennootschap C.V. Limited 14. Netherlands Maatschap Stichting Fund Besloten Fonds voor Gemene Rekening Private Mutual Fund Gesellschaft Bürgerlichen Rechts GbR Civil Law Stille Gesellschaft Dormant 15. Germany Kommanditgesellschaft auf KGaA Limited by Aktien Shares Kommanditgesellschaft KG Limited Offene Handelsgesellschaft OHG General 16. New Zealand 17. UAE General GP General Limited LP Limited Free Zone FZCO Free Zone Free Zone Establishment FZE Free Zone Establishment
4 4 International Taxation News Free Zone Limited Liability FZ LLC Free Zone Limited Liability Limited Liability LLC Limited Liability Sole Proprietorship SP Sole Proprietorship International Business IBC International Business Spólka Komandytowa S.K. Limited Spółka partnerska Professional 18. Poland Spółka Komandytowo-Akcyjna S.K.A. Limited by Shares Spólka Jawna S.J. General Spólka prawa Cywolnego S.C. Civil General GP General 19. Singapore 20. Slovakia 21. USA (states Delaware, California, Nevada, New Jersey, New York, Texas, Florida) 22. Turkey Limited LP Limited Limited Liability LLP Limited Liability Verejná Obchodná Spoločnost' V.O.S. General Komanditná Spoločnost' K.S. Limited General GP General Limited Liability LLP Limited Liability Limited Liability LLC Limited Liability Kollektif Şirket General Adi Şirket Limited Société en Nom Collectif S.N.C. General Société en Commandite Simple S.C.S. Limited 23. France Groupement d'intérêt économique G.I.E. Société civile Civil Société en participation Fonds Commun de Placement a Risques Komanditní Společnost K.S. Limited 24. Czech Republic Veřejná Obchodní Společnost V.O.S. General
5 5 International Taxation News 25. Switzerland 26. Japan Kollektivgesellschaft, Société en nom collectif, Società in nome collettivo Kommanditgesellschaft, Société en commandite, Società in accomandita Einfache Gesellschaft, Société simple, Società semplice General LP Limited Simple Nin i kumiai General Toushi jigyo yugen sekinin kumiai Investment Business Limited Yugen sekinin jigyo kumiai Limited Liability Goshi-Kaisha Limited Gomei Kaisha General Tokumei Kumiai Silent
6 6 International Taxation News EY Assurance Tax Law Transactions Advisory About EY EY is a global leader in assurance, tax, law, transaction and advisory services. The insights and quality services we deliver help build trust and confidence in the capital markets and in economies the world over. We develop outstanding leaders who team to deliver on our promises to all of our stakeholders. In so doing, we play a critical role in building a better working world for our people, for our clients and for our communities. EY works together with companies across the CIS and assists them in realizing their business goals. 4,500 professionals work at 20 CIS offices (in Moscow, St. Petersburg, Novosibirsk, Ekaterinburg, Kazan, Krasnodar, Togliatti, Vladivostok, Yuzhno-Sakhalinsk, Rostov-on- Don, Almaty, Astana, Atyrau, Bishkek, Baku, Kyiv, Tashkent, Tbilisi, Yerevan, and Minsk). EY refers to the global organization, and may refer to one or more, of the member firms of Ernst & Young Global Limited, each of which is a separate legal entity. Ernst & Young Global Limited, a UK company limited by guarantee, does not provide services to clients. For more information about our organization, please visit ey.com. Contacts Kyiv +380 (44) This material has been prepared for general informational purposes only and is not intended to be relied upon as accounting, tax, or other professional advice. Please refer to your advisors for specific advice Ernst & Young LLC All Rights Reserved.
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