PDF

DOI 10.37749/2308-9636-2020-3(207)-3

Bazov V. P. Transfer pricing: international legal doctrine and practice.

The article explores relevant issues of the international legal doctrine of transfer pricing and the judicial practice of the consideration and resolution of disputes in this area of legal relations. In the context of globalization of trade markets, corporate strategies of multinational corporations are focused on minimizing taxes by transferring the relevant assets to companies.

These companies are registered in jurisdictions with preferential taxation, with the construction of appropriate corporate structures, which created the necessary prerequisites for the formation of common international standards in the field of transfer pricing.

There is a process of harmonization of their tax regulation with ensuring the stability and unity of judicial practice and the appropriate resolution of disputes in this area of legal relations. The urgency of judicial control in this area of legal relations is indicated by the conclusions of authoritative international expert organizations. In particular, according to the Financial Secrecy Index — 2018 study, the global volume of illegal cross-border financial flows is estimated at 1—1.6 trillion. dollars USA per year.

At the same time, the size of assets located in offshore jurisdictions and tax havens reaches 32 trillion. dollars USA.

Organization for Economic Cooperation and Development estimates that the losses of the budgets of the world from aggressive tax planning annually reach 100—240 billion dollars. US or 4—10% of total corporate income tax revenues.

Given the above application of tax legislation in the field of transfer pricing is an important indicator of Ukraine’s implementation of international obligations in the field of implementation of its European aspirations, in the field of protection of the rights and interests of taxpayers.

Key words: international agreement, transfer pricing, controlled operations, judicial protection.

 

References

  1. The Constitution of Ukraine (as amended) // Bulletin of the Verkhovna Rada of Ukraine (VVR), 1996, № 30, Art. 141.
  2. Vienna Convention on the Law of Treaties of 23 May 1969. URL: http: // law. work. gov. ua / laws / show / 995_118.
  3. Tax Code of Ukraine. URL: http://zakon2.rada.gov.ua/laws/show/2755-17.
  4. Multilateral Convention on the Implementation of Measures Relating to Tax Agreements, in order to counteract the erosion of the tax base and the withdrawal of profits from taxation URL: http://zakon2.rada.gov.ua/laws/show/376_001-16.
  5. Law of Ukraine «On Ratification of the Multilateral Convention on the Implementation of Measures Relating to Tax Agreements, in order to counteract the erosion of the tax base and the withdrawal of profits from taxation» // Bulletin of the Verkhovna Rada (VVR), 2019, № 12, Art. 64.