RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 29, 2017 No. 191

About approval of the Procedure for determination of the weighted average measure value of profitability for the comparable legal entity for the purposes of transfer pricing

According to subitem 39.3.2.8 of subitem 39.3.2 of Item 39.3 of article 39 of the Tax Code of Ukraine the Cabinet of Ministers of Ukraine decides:

Approve the Procedure for determination of the weighted average measure value of profitability for the comparable legal entity for the purposes of transfer pricing which is applied.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of March 29, 2017, No. 191

Procedure for determination of the weighted average measure value of profitability for the comparable legal entity for the purposes of transfer pricing

1. This Procedure determines the procedure of calculation of the weighted average measure value of profitability for the comparable legal entity when using several tax periods (years) for the purposes of transfer pricing.

2. For determination of the weighted average measure value of profitability for the comparable legal entity accounting data and the financial reporting which are reflected by national provisions (standards) of financial accounting or international accounting standards are used.

3. The weighted average measure value of profitability for the comparable legal entity is determined as the relation of the amounts of the relevant data of financial accounting and the financial reporting for several tax periods (years) by formula:

4. In case of lack of separate accounting data and the financial reporting which are necessary for measure calculation of profitability of separate tax period (year) for the comparable legal entity data for such period are not used when calculating the weighted average measure value of profitability of the specified person.

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