Guide for Businesses: how to prepare transfer pricing documentation and avoid penalties

Controlled transactions are business transactions of a taxpayer that:

1. Can affect the taxable base for corporate income tax
2. Are carried out:
   (at least one of the criteria must be met):
   • with related non‑resident parties (relatedness criteria defined in sub‑paragraph 14.1.159 of the Tax Code of Ukraine (TCU))
   • with non‑residents from low‑tax jurisdictions (updated list effective from 1 January 2025)
   • with non residents with specific organisational legal forms
   • through a non-resident commission agent
   • between non‑residents and their permanent establishments in Ukraine
3. Meet the value criteria:
   • річний annual revenue of the company > UAH 150 million (does not apply in the case of transactions conducted between a non‑resident and its permanent establishment in Ukraine)
   • total volume of transactions with a counterparty > UAH 10 million

1. Reports prepared by all taxpayers engaged in controlled transactions:
   • Report on Controlled Transactions
   • Transfer Pricing Documentation 
     (Local File)
2. Reports prepared only if additional criteria apply:
   • Notification on Participation in a Multinational Enterprise Group
   • Global Transfer Pricing Documentation  (Master File)
   • Country‑by‑Country Report (CbCR)

Late submission of reporting may result in significant penalties and the initiation of tax audits. Upon request from the tax authorities, a taxpayer has 30 calendar days to submit transfer pricing documentation (Local File) and 90 calendar days to submit global transfer pricing documentation (Master File). A request for documentation may cover several reporting periods and transactions with multiple counterparties. As a result, the statutory deadlines established by the Tax Code may be insufficient to prepare high-quality documentation.