The concept of controlled transactions in the context of transfer pricing

Анотація

Problem setting. Since 2017, Ukraine has joined the International Enhanced Cooperation Program on the Implementation of the BEPS Action Plan and has undertaken obligations under the Association Agreement with the EU to introduce a number of rules, among which transfer pricing occupies a leading role. The legislator defines two types of criteria for determining transactions as controlled, in particular, it is about content and cost criteria. Given that each of these criteria is characterized by a certain peculiarity in practical application, the purpose of the article is to analyze the category of "controlled transactions," as well as the principles that affect the recognition of taxpayer's economic transactions controlled in accordance with the requirements of the current tax legislation. Article’s main body. The article considers the concept of controlled transactions in the context of transfer pricing. Cost and content criteria for determining transactions controlled were analyzed. It is emphasized that by declaring controlled transactions, the permanent representative office should take into account all funds received from a non-resident for the maintenance of such a representative office or transferred by the permanent representative office in favor of residents for the services rendered (performed works) for a non-resident. Conclusions. Taking into account the analysis, we state that in order to recognize the taxpayer's economic transactions as controlled, it is necessary to prove their compliance with the worthwhile and content criteria set by the legislator. At the same time, it should be noted that establishing the conformity of operations with the fixed criteria is a rather complicated process, since each of such regulated criteria (both worth and content) is characterized by a number of features, on some of them we focused our attention in this publication.

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