2018 EMEA Young Tax Academy

Program draft

9:00 – 9:30 Registration. Welcoming coffee

9:30 – 10:00 Welcoming address to the participants

• Nina Yuzhanina, Chairman of the Committee on Taxes and Customs Policy of Ukrainian Parliament, Verhovna Rada (invitation extended)
• Deputy Minister of Economic Development and Trade of Ukraine (to be confirmed)
• Bogdan Dubas, Director, Derzhzovnishinform (DZI)

10:00 – 11:45
Session 1. The latest interpretation of the changes straight from the sources. Moderated by Dmitry Mikhailenko.

10:00 – 10:20 Recent amendments to the Tax Code of Ukraine regarding Transfer pricing. Impact of the type of assets and their usage on the Transfer pricing justification

• Viacheslav Krugliyak, Head of the Transfer Pricing Inspection Department, Audit division of the State Fiscal Service of Ukraine (SFSU)

10:20 – 10:40 Annual financial reporting and tax gains (losses) from transactions with low tax territories or legal form of the entity. Transfer pricing justification procedure; profit or loss adjustments.

• Olexsiy Zadorozhniy, Acting Department Director of Methodology and Regulatory Development of the State Fiscal Service of Ukraine (SFSU)

10:40 – 11:05 Interpretation arguments of the Ministry of Finance and SFSU as to Transfer pricing application. Bonuses, writing off debts, distribution of dividends, third-party payments etc.

• Vitaliy Smerdov, Partner, Crowe LF Ukraine

11:05 – 11:30 Questions & Answers

11:30 – 11:55 Coffee Break

11:55 – 13:50
Session 2. International Angle. Transfer pricing and BEPS plan – overlap points. Moderated by Roustam Vakhitov

11:55 – 12:15 Anti-offshore draft law (BEPS). Workbook and country-by-country reports: who is to submit, requirements and extent of the report. Related party’s identification: threshold rise (25%) and the inclusion of the related party’s criteria with indebtedness and expense allocations for a single counterparty. Extension of Transfer pricing rules applicable to “meaningful dividends”. Additions to the list of Permanent Establishments.

• Eugene Kozlov, Counselor to the Minister of Finance of Ukraine, Reform facilitation office of the Ministry of Finance.

12:15 – 12:35 Transfer pricing in terms of BEPS: what taxpayers should expect.

• Olena Zhukova, Director, Audit firm “Saivena-Audit”, Head of the Workgroup on Transfer pricing in the Public Council under the SFSU.

12:35 – 12:55 Implementation of Country-by-Country Reporting (European countries record). Useful consequences for Ukrainian companies.

• Roustam Vakhitov, Partner, Crowe LF Ukraine

12:55 – 13:20 Preventing & resolving Double Taxation: Advanced Pricing Agreement (APA) and Mutual Agreement Procedures (MAP) within the EU. Lessons to be learned for Ukrainian companies. OECD guidance on Transfer pricing: examples of methods used.

• Federico Vincenti, ILM Tax & Transfer Pricing, Crowe Valente, Italy

13:20 – 13:35 Questions & Answers

13:35 – 14:20 Lunch

14:20 – 16:10
Session 3. Transfer pricing Report and Documentation. Examples and Recommendations. Moderator to be confirmed

14:20 – 14:40 Hands-on recommendations for Transfer pricing justification for specific transactions: Imports, Exports (carry-over stock), Corporate rights sales, Logistics, IT-services.

• Olga Bogdanova, Partner, Crowe Audit and Accounting Ukraine LLC

14:40 – 15:00 Price Agency “Argus” activities regarding Transfer pricing

• Kirylo Portnov, Research Director on Pricing and Logistics, International Price Agency “Argus” (to be confirmed)

15:00 – 15:20 Transfer pricing in financial transactions – interest rates, royalty, etc. (to be confirmed)

15:20 – 15:40 Tax authority is requesting information as to controlled transactions – how to win.

• Mykola Mishin, Transfer pricing Group Leader, KPMG Ukraine

15:40 – 16:00 First report submission for Permanent Establishments and documentation preparation. What to pay attention to. What activities to choose to compare with. Who is obliged to report? Non-for-profit organization representative offices.

• Dmitry Mikhailenko, Partner, Crowe LF Ukraine

16:00 – 16:10 Questions & Answers

16:10 – 16:30 Coffee Break

16:30 – 18:00 Сесія 4. Court cases on Transfer Pricing. Moderated by Olena Zhukova

16:30 – 16:55 The current attitude of the SFSU in disputes with the Taxpayers. The latest cases.

• Dmitro Pavlovich, Head of Department, Administrative Appeals and Legal Support Division, State Fiscal Service of Ukraine

16:55 – 17:15 Digest of case law.

• Nataliy Blazhivska, President, International Fiscal Association Ukraine (IFA Ukraine), Judge

17:15 – 17:40 Legal support of inspections and disputes on Transfer pricing. Facts used for the defense of the taxpayer in disputes and inspections concerning Transfer pricing. (to be confirmed)

• Ivan Shinkoremko, PhD, Partner, Leader of Customs law and Transfer pricing Practice, KM Partners

17:40 – 18:00 Questions & Answers. Closing remark.

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