The State Tax Service of Ukraine released a notice announcing the extension of the statute of limitations for documents and information necessary for tax control to 2,555 days (seven years), according to Articles 39 and 39, Paragraph 141.4 – Article 141 of the Tax Code.
The 2,555-day statute of limitations applies only to transfer pricing.
Paragraph 102.1 of Article 102 of the Code stipulates that except for cases specified in Paragraph 102.2 of the Article, the controlling authority has a right to conduct an audit and independently determine the amount of taxpayer’s monetary obligations in cases specified by the Code, not later than the end of 1095 days (2555 days in case of audits according to Articles 39 and 39, application of requirements of Paragraph 141.4 – Article 141 of the Tax Code.
The Tax Code addresses the taxation of income earned by non-residents from Ukrainian sources, as well as the taxation of permanent establishments within Ukraine.
The extended statute of limitations was established by Law No. 3721-IX on 21 May, 2024, and became effective on 1 July, 2024. A transitional provision states that this extended statute of limitations will apply to cases where the previous limitation period (typically 1,095 days or three years) had not expired by 1 July, 2024. Law No. 3721-IX mainly changed the terms of document storage and the statute of limitations for determining tax liabilities for operations with non-residents by controlling entities.
