Keywords
controlling persons
actual control
adjusted taxable income of a controlled foreign company
tax on the income of a controlled foreign company
reporting on a controlled foreign company
How to Cite
Abstract
Business scaling, especially in the conditions of existing restrictions and the danger of conducting it in Ukraine during martial law, is quite often accompanied by the need to attract foreign partners, investors or establish subsidiaries or affiliated companies abroad. The article is devoted to the analysis of legislative norms regarding the conditions of taxation of controlled foreign companies in Ukraine and reporting by controlling persons (individuals or legal entities) on the income of controlled foreign companies belonging to them, the obligation of which first arose in 2024 relative to 2022 and 2023.
References
Tax Code of Ukraine dated December 2, 2010 No. 2755-VI. URL: https://zakon.rada.gov.ua/laws/show/2755-17#Text [in Ukrainian].
On Amendments to the Tax Code of Ukraine regarding the improvement of tax administration, elimination of technical and logical inconsistencies in tax legislation : Law of Ukraine dated January 16, 2020 No. 466-IX. URL: https://zakon.rada.gov.ua/laws/show/466-20#Text [in Ukrainian].
On the approval of the form and the Procedure for sending to the supervisory body a Notice of the acquisition (start of actual control) or alienation of a share (termination of actual control) by a resident in a foreign legal entity or property rights to a share in the assets, income or profit of an entity without the status of a legal entity : order of the Ministry of Finance of Ukraine dated September 22, 2021 No. 512. URL: https://tax.gov.ua/zakonodavstvo/podatkove-zakonodavstvo/nakazi/76806.html [in Ukrainian].
On the approval of the form of the Tax Declaration on corporate income tax : order of the Ministry of Finance of Ukraine dated 20.10.2015 No. 897. URL: https://tax.gov.ua/zakonodavstvo/podatkove-zakonodavstvo/nakazi/66630.html [in Ukrainian].
On the approval of the form of the tax declaration on property and income and the Instructions for filling out the tax declaration on property and income : Order of the Ministry of Finance of Ukraine dated 02.10.2015 No. 859 (with changes and additions). URL: https://tax.gov.ua/zakonodavstvo/podatkove-zakonodavstvo/nakazi/65107.html [in Ukrainian].