Приклади вживання Controlled transaction Англійська мовою та їх переклад на Українською
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SFS: payment of dividends in cash to non-resident is not a controlled transaction 28 September, 2018 525.
The controlled transaction is largely associated with other transactions of the parties, and there is no possibility to establish the contribution of the transaction to the overall profitability;
Your enterprise is profitable in general,but you do not trace profitability of each controlled transaction.
Under no circumstances should you leave out any controlled transaction, since this may lead to huge penalties.
According to RPM, we take into consideration the gross profitmargin earned by resale of the goods purchased in a controlled transaction.
Information on settlements actually conducted within the controlled transaction(amount and currency of payments, date payment documents);
First“alarm whistles” for such approach appeared with introduction of the requirement into the Tax Code,according to which the calculation of profitability in a controlled transaction has to be supported by documents.
Information on settlements actually conducted within the controlled transaction(amount and currency of payments, date payment documents);
Here's a piece of practical advice: homogeneous goods can be used within the scope of this method to the extent that it can be demonstrated that the price charged for homogeneous goods doesnot differ statistically from the price for goods within controlled transaction.
According to TP rules taxpayers shall calculate profitability for each controlled transaction(group of transactions). .
We allocate to every affiliated company involved in controlled transaction a portion of the total profit resulting from transaction which non-affiliated company would receive when participating in comparable uncontrolled transaction. .
If you use stock quotes,information for a decade preceding controlled transaction shall be taken for analysis.
Undeclared controlled transactions in the Report oncontrolled transactions result in a fine of 1% of the controlled transaction amount(but not more than 300 monthly minimum subsistence for all undeclared controlled transactions); .
Second of all,the additional accrual is done based on market ranges within controlled transaction established in the documentation.
We compare the net margin earned in controlled transaction with net margin in comparable uncontrolled transactions or for independent companies operating in a way which is comparable to the taxpayer's operation within the scope of controlled transaction. .
The amount of income(profit) received and(or) the amount of expenses(losses)incurred as a result of the controlled transaction, and the profit margin obtained.
When applying this method, the price of the goods(services) indicated in controlled transaction is compared to the market prices for identical- or homogeneous- goods involved in uncontrolled transactions. .
In the request for additional information the tax authoritymay demand specific documents related to the controlled transaction, the taxpayer's business, etc.
We compare the price charged for the goods(work, services) within our controlled transaction with a range of market prices charged for identical goods(works, services) in comparable transactions(in such uncontrolled transactions which can be used for comparison with our controlled transaction). .
The amount of income(profit) received and(or) the amount of expenses(losses)incurred as a result of the controlled transaction, and the profit margin obtained.
If a controlled transaction is related to export and/or import of exchange goods, carried out on the basis of forward or futures contracts, then to substantiate compliance of such transactions conditions with the“arm's length” principle, price range shall be calculated on the basis of exchange quotations of corresponding goods for the decade preceding the date of the respective contract's conclusion.
According to CPM, we take into consideration the gross profitmargin resulting from the resale of goods purchased in controlled transaction(and which were possibly additionally processed or packaged).
A taxpayer who participates in a controlled transaction is obliged to determine the amount of taxable income for such transaction in accordance with the«arm's length» principle, which lay in the fact that the terms of the transaction corresponding to the«arm's length» principle do not differ from those used between unrelated persons in comparable uncontrolled transactions. .
Send inquiries to the competent authorities of foreign countries regarding the subject andcircumstances of a controlled transaction or the business activity and financial reporting of the non-resident that is a party to a controlled transaction;
If controlled transaction in fact happened but was not documented(was not confirmed), for TP purposes it should be considered according to actual actions of the parties and circumstances of the operation, in particular, taking into consideration the functions, performed by parties, actually used assets, and risks, taken and controlled by each party».
Failure to submit transferpricing documentation entails a fine of 3% of the controlled transaction amount(but not more than 200 monthly minimum subsistence for all undeclared controlled transactions). .
The only important reservation is the restrictions of the period of stock exchange quotation of the respective goods, which should be used for the calculation of the range, namely,only stock exchange quotations for the decade preceding the controlled transaction(the date of transferring the ownership of the goods in a controlled transaction). .
In addition to the abovementioned, among novelties it is worth mentioning the right of the taxpayer to conduct self-adjustment- adjustment of the price for controlled transaction by the taxpayer, which result in use for the tax purposes of the price, assed according to the arm's length price, even if it differs from the actual price,established during the controlled transaction.
In the first case, it goes about the situation when, for example, we do not know what share of transport costs is included in the cost of goods, orit is impossible to determine precisely how the quality of goods in the controlled transaction influences its price, if the uncontrolled transaction involves products the quality thereof is determined by other standards.