A Ukrainian oilseed producer sold sunflower, rapeseed, and soybean oil to a British Virgin Islands affiliate during 2015–2017. Tax authorities assessed additional corporate income tax using the CUP method, but Ukraine's Supreme Administrative Court dismissed the appeal, finding the comparable data were not publicly available in the audited years and that forward contract pricing must reference the contract date, not the delivery date, invalidating the authority's assessment ... Read more

A Ukrainian grain storage company challenged a transfer pricing assessment in which the tax authority compared controlled grain transaction prices using non-public databases and a pricing date different from the contract conclusion date. The Administrative Court found in favour of the taxpayer in 2024, annulling the assessment on grounds that the authority's methodology failed to meet the legality criteria required under Ukrainian administrative law ... Read more

Following a tax audit, Ukraine's authorities assessed additional taxable income against Dniproazot, arguing that arm's length commodity prices must be determined at the date of ownership transfer, not contract conclusion. The company appealed, but the Supreme Administrative Court upheld the tax authority's position in 2024, also rejecting the use of derivative exchange data as a benchmark for real goods supply transactions ... Read more

A particularly relevant factor for commodity transactions determined by reference to the quoted price is the pricing date, which refers to the specific time, date or time period (e.g. a specified range of dates over which an average price is determined) selected by the parties to determine the price for commodity transactions. Where the taxpayer can provide reliable evidence of the pricing date agreed by the associated enterprises in the controlled commodity transaction at the time the transaction was entered into (e.g. proposals and acceptances, contracts or registered contracts, or other documents setting out the terms of the arrangements may constitute reliable evidence) and this is consistent with the actual conduct of the parties or with other facts of the case, in accordance with the guidance in Section D of Chapter I on accurately delineating the actual transaction, tax administrations should determine the price for the commodity transaction by reference to the pricing date agreed by the associated enterprises. If ... Read more

A particularly relevant factor for commodity transactions determined by reference to the quoted price is the pricing date, which refers to the specific time, date or time period (e.g. a specified range of dates over which an average price is determined) selected by the parties to determine the price for commodity transactions. Where the taxpayer can provide reliable evidence of the pricing date agreed by the associated enterprises in the controlled commodity transaction at the time the transaction was entered into (e.g. proposals and acceptances, contracts or registered contracts, or other documents setting out the terms of the arrangements may constitute reliable evidence) and this is consistent with the actual conduct of the parties or with other facts of the case, in accordance with the guidance in Section D of Chapter I on accurately delineating the actual transaction, tax administrations should determine the price for the commodity transaction by reference to the pricing date agreed by the associated enterprises. If ... Read more