Ukraine

1. Ukraine was reviewed as part of the 2017/2018 and the 2018/2019 peer reviews. This report is supplementary to those previous reports (OECD, 2019[1]) (OECD, 2018[2]).

2. The first filing obligation for a CbC report in Ukraine commences in respect of fiscal periods commencing on or after 1 January 2021.

Summary of key findings

3. Ukraine’s 2017/2018 peer review report included a recommendation that Ukraine take steps to implement legislation to impose a CbC filing requirement. Ukraine signed a law to implement the BEPS Action 13 minimum standard on the 21st of May 2020. It has not been possible to carry out a review of this legislation for this peer review. The recommendation for Ukraine to implement legislation is therefore removed and review of the legislation will take place next year.

4. It is recommended that Ukraine take steps to have QCAAs in effect with jurisdictions of the Inclusive Framework which meet the confidentiality, consistency and appropriate use prerequisites and with which Ukraine has an international exchange of information agreement in effect that allows for the automatic exchange of tax information. This recommendation remains unchanged since the 2017/2018 peer review.

5. It is recommended that Ukraine take steps to implement processes or written procedures to ensure that the exchange of information is conducted in a manner consistent with the terms of reference (OECD, 2017[3]) relating to the exchange of information framework ahead of the first exchanges of information. This recommendation remains unchanged since the 2018/2019 peer review.

6. It is recommended that Ukraine take steps to ensure that the appropriate use condition is met ahead of the first exchanges of information. This recommendation remains unchanged since the 2017/2018 peer review.

Part A: The domestic legal and administrative framework

7. Ukraine’s 2017/2018 peer review report included a recommendation that Ukraine take steps to implement legislation to impose a CbC filing requirement. Ukraine signed a law to implement the BEPS Action 13 minimum standard on the 21st of May 2020. It has not been possible to carry out a review of this legislation for this peer review. The recommendation for Ukraine to implement legislation is therefore removed and review of the legislation will take place next year.

(a) Parent entity filing obligation

(b) Scope and timing of parent entity filing

(c) Limitation on local filing obligation

(d) Limitation on local filing in case of surrogate filing

(e) Effective implementation

Conclusion

8. Ukraine’s 2017/2018 peer review report included a recommendation that Ukraine take steps to implement legislation to impose a CbC filing requirement. Ukraine signed a law to implement the BEPS Action 13 minimum standard on the 21st of May 2020. It has not been possible to carry out a review of this legislation for this peer review. The recommendation for Ukraine to implement legislation is therefore removed and review of the legislation will take place next year.

Part B: The exchange of information framework

(a) Exchange of information framework

9. As of 31 March 2020, Ukraine has no bilateral relationships in place for the exchange of CbC reports. It is recommended that Ukraine take steps to have qualifying competent authority agreements in effect with jurisdictions of the Inclusive Framework that meet the confidentiality, consistency and appropriate use conditions and with which Ukraine has an international exchange of information agreement in effect that allows for the automatic exchange of tax information. This recommendation remains unchanged since the 2017/2018 peer review.

(b) Content of information exchanged

10. No changes were identified.

(c) Completeness of exchanges

11. No changes were identified.

(d) Timeliness of exchanges

12. No changes were identified.

(e) Temporary suspension of exchange or termination of QCAA

13. No changes were identified.

(f) Consultation with other Competent Authority before determining systemic failure or significant non-compliance

14. No changes were identified.

(g) Format for information exchange

15. No changes were identified.

(h) Method for transmission

16. No changes were identified.

Conclusion

17. It is recommended that Ukraine take steps to have QCAAs in effect with jurisdictions of the Inclusive Framework which meet the confidentiality, consistency and appropriate use prerequisites and with which Ukraine has an international exchange of information agreement in effect that allows for the automatic exchange of tax information remains. This recommendation remains unchanged since the 2017/2018 peer review.

18. It is recommended that Ukraine take steps to implement processes or written procedures to ensure that the exchange of information is conducted in a manner consistent with the terms of reference relating to the exchange of information framework ahead of its first exchanges of information. This recommendation remains unchanged since the 2018/2019 peer review.

Part C: Appropriate use

Appropriate use

19. No changes were identified.

Conclusion

20. It is recommended that Ukraine take steps to ensure that the appropriate use condition is met ahead of its first exchanges of information. This recommendation remains unchanged since the 2017/2018 peer review.

Summary of recommendations on the implementation of Country-by-Country Reporting

Aspect of the implementation that should be improved		Recommendation for improvement
Part A	Domestic legal and administrative framework	A review of Ukraine’s domestic legal and administrative framework will be undertaken as part of the next BEPS Action 13 peer review.
Part B	Exchange of information framework	It is recommended that Ukraine take steps to have QCAAs in effect with jurisdictions of the Inclusive Framework which meet the confidentiality, consistency and appropriate use prerequisites and with which it has an international exchange of information agreement in effect that allows for the automatic exchange of tax information.
Part B	Exchange of information framework	It is recommended that Ukraine take steps to implement the necessary processes or written procedures to ensure that the exchange of information is conducted in a manner consistent with the terms of reference relating to the exchange of information framework.
Part C	Appropriate use	It is recommended that Ukraine take steps to ensure that the appropriate use condition is met ahead of the first exchanges of information.

References

OECD (2019), Country-by-Country Reporting – Compilation of Peer Review Reports (Phase 2): Inclusive Framework on BEPS: Action 13, OECD/G20 Base Erosion and Profit Shifting Project, OECD Publishing, Paris, https://dx.doi.org/10.1787/f9bf1157-en. [1]

OECD (2018), Country-by-Country Reporting – Compilation of Peer Review Reports (Phase 1): Inclusive Framework on BEPS: Action 13, OECD/G20 Base Erosion and Profit Shifting Project, OECD Publishing, Paris, https://dx.doi.org/10.1787/9789264300057-en. [2]

OECD (2017), Terms of reference for the conduct of peer review of the Action 13 minimum standard on country-by-country reporting, OECD Publishing, https://www.oecd.org/tax/beps/beps-action-13-on-country-by-country-reporting-peer-review-documents.pdf. [3]