12 July 2017

Dear Sir/Madam,

We are pleased to provide a copy of our new Flash report concerning OECD Transfer Pricing Guidelines 2017 (can be found in the attachment).

On 10 July 2017 the OECD** announced that it released the 2017 edition of the OECD Transfer Pricing (TP) Guidelines.

The 2017 edition is a consolidated version of the various changes resulting from the OECD/G20 BEPS*** project, in particular, it incorporates substantial revisions to reflect changes agreed in the 2015 BEPS Reports on Actions 8-10 “Aligning Transfer pricing Outcomes with Value Creation” and on Action 13 “Transfer Pricing Documentation and Country-by-Country Reporting”.

You may find the new edition of the OECD TP Guidelines by following the link http://www.oecd.org/tax/transfer-pricing/oecd-transfer-pricing-guidelines-for-multinational-enterprises-and-tax-administrations-20769717.htm.

PwC commentary:
Considering that Ukraine is not a member of the OECD, the OECD TP Guidelines are not binding in Ukraine. However, the Ukrainian tax authorities pay attention to these guidelines and consider recommendations outlined therein.

The 2017 edition incorporates additional clarifications in respect of a three-tiered approach to TP documentation, proper alignment of contractual risk allocation with actual circumstances, low value adding services, intangible assets, commodity transactions, business restructurings, etc.

We will continue to monitor the situation and keep you updated on this issue.

* OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations
** Organisation for Economic Co-operation and Development
*** Base Erosion and Profit Shifting.


Camiel van der Meij, Partner & TLS Leader, camiel.van.der.meij@ua.pwc.com
Slava Vlasov, Partner, Tax and Legal Services, slava.vlasov@ua.pwc.com
Olga Trifonova,Director, Tax and Legal Services, Transfer Pricing Leader, olga.trifonova@ua.pwc.com

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We are pleased to inform that this Flash report is also available in Ukrainian and can be sent to you upon request.
Ми раді повідомити, що цей  Flash report також доступний українською мовою і може бути наданий Вам за запитом.