A new tax code has been introduced in Ukraine this year and advisers there are unanimous that it has had a negative effect on the tax system so far. Litigation has been a prominent feature of the tax landscape in the country this year as the state tax ...
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A new tax code has been introduced in Ukraine this year and advisers there are unanimous that it has had a negative effect on the tax system so far. Litigation has been a prominent feature of the tax landscape in the country this year as the state tax administration has sought to increase revenues and companies have struggled with new laws. In March, Oleksandr Klimenko, deputy head of the state tax services, set out the authorities' mission to eliminate what it views as abuse of the system.
"Many enterprises conceal their income in various ways. Gained money is being laundered involving fictitious companies, conversion centres, transit groups, tax gaps. We will put an end to this. We have developed a methodology allowing us to identify enterprises of that kind, destroy the scheme constructed and force taxpayers to give money back to the budget," he said.
However, advisers comment that this vigilance combined with the heavily criticised new tax code has made business difficult for advisers and taxpayers. Practitioners believe the code was implemented far too quickly, that companies did not have time to adjust their practices and that provisions in several areas were not clear. The code was finalised on December 2 2010 and implemented only 14 days later. One partner said: "The code was really poorly drafted and is going to need a lot of amendment in future if it is going to work."
Issues for group companies and in VAT were broadly highlighted as two areas complicated significantly by the new code. A tax partner from a big-four firm said that clients have struggled to adapt to the new system because of this. "There has been quite a significant impact on our clients, especially multinationals because of new provisions on intra-group transfers, transfer pricing and permanent establishment," they said. Value added tax was widely noted to be a difficult area where there is no clear interpretation of the new rules.
It is perhaps no surprise that litigation has been so frequent this year, though its extent is still surprising. One firm noted that the number of engagements in tax controversy matters was already 40% higher in the early months of 2011 than for the whole of 2010. Practitioners suggest the authorities still do not understand the complexities of the new code and so they expect litigation to remain a feature of the market this year.
"The authorities are simply not well equipped. The code is unclear, badly drafted and the people enforcing it do not understand it. Until this changes, there will be a lot of tax cases in court," said one partner.
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