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Proving the status of a non-resident as a beneficial owner of income: what circumstances did the Supreme Court pay attention to

authors: Elena Bukuyeva, Andrii Denysenko

05 August, 2024 Exclusive

The issue of taxation of income received by non-residents with a source of origin from Ukraine has always been a subject of significant attention from the tax authorities.

Starting from July 1st of this year, the terms for determining tax liabilities related to taxation of transactions with non-residents and storage of documents for such transactions were increased to 7 years.

Previously, tax authorities did not have sufficient sources to obtain information regarding payments to non-residents outside of the tax audit. Today, Ukrainian tax authorities increasingly resort to exchanging tax information with other countries' tax authorities within the framework of concluded international agreements.

In this material, we review some of the key issues taken into account by Ukrainian tax authorities and courts when scrutinizing the income received by non-residents with a source of origin from Ukraine in respect of withholding taxation and determining the “beneficial owner” status of such income.

The full version of the article is available in Ukrainian by the link.

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