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Ministry of Justice of Ukraine

September 3, 2015

No. 1055/27500

ORDER OF THE MINISTRY OF FINANCE OF UKRAINE

of August 14, 2015 No. 706

About approval of the Procedure for carrying out monitoring of controlled transactions and the Procedure for poll of representatives, officials and/or workers of the taxpayer for transfer pricing

(as amended on 17-03-2021)

According to the paragraph of subitem 39.5.1.1 of subitem 39.5.1 of Item 39.5 of Article 39 of the Section I of the Tax code of Ukraine I order third:

1. Approve enclosed:

Procedure for carrying out monitoring of controlled transactions;

Procedure for poll of representatives, officials and/or workers of the taxpayer for transfer pricing.

2. To department of tax, customs policy and methodology of financial accounting of the Ministry of Finance of Ukraine (Chmeruk N. A.) to provide in accordance with the established procedure:

provision of this order on state registration in the Ministry of Justice of Ukraine;

promulgation of this order.

3. This order becomes effective from the date of its official publication.

4. To impose control over the implementation of this order on the Deputy Minister of Finance of Ukraine Makeeva A. L.

Acting minister

I. Umansky

Approved by the Order of the Ministry of Finance of Ukraine of August 14, 2015, No. 706

Procedure for carrying out monitoring of controlled transactions

I. General provisions

1. This Procedure determines the directions and features of implementation of the monitoring of controlled transactions by monitoring bodies (further - Monitoring) which is carried out according to subitem 39.5.1 of Item 39.5 of Article 39 of the Section I of the Tax code of Ukraine (further - the Code).

2. The Monitoring purposes as component of tax control behind transfer pricing is:

establishment of compliance of conditions of controlled transactions to the principle of "outstretched arm";

identification of potential risks of transfer pricing;

identification of risks of lack of the reasonable economic reason (business purpose);

carrying out risk analysis of understating by the taxpayer of the tax liabilities;

ensuring control of timeliness and completeness of submission of reports on controlled transactions (further - the report), documentation on transfer pricing (further - documentation), global documentation on transfer pricing (master file) (further - the master file), reports by the countries of the international group of companies (further - the report by the countries), notifications on participation in the international group of companies (further - the notification), the additional information and/or the reasons provided by the taxpayer on request of the central executive body realizing the state tax policy according to subitem 39.4.9 of Article 39 of the Section I of the Code.

3. Monitoring is performed in the way:

the analysis of reports, documentation, the master file, messages, reports by the countries, the additional information and/or the reasons provided by taxpayers on requests of the central executive body realizing the state tax policy, provided by the taxpayer according to Item 39.4 of Article 39 of the Section I of the Code;

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