11.03.24 00:00

New form of Notification of participation in an international group of companies approved

The Ministry of Finance issued Order No. 58 dated February 09, 2024:

revised the form of the Notification on Participation in an International Group of Companies,
amended the Procedure for Preparing a Notification on Participation in an International Group of Companies.

The Procedure clarifies that taxpayers who are members of the relevant IGC and carried out controlled transactions in the reporting year are required to submit the Notification by October 01 of the year following the reporting year. If the last day of the deadline for submitting the Notification falls on a weekend or a public holiday, the last day of the deadline is the business (banking) day following the weekend or public holiday.

Some changes have also been made to the procedure for filling out the Notice, which is set out in Section II.

Thus, column 6.1 indicates the date of receipt of information about the appointment as an authorized member of an international group of companies or the date of loss of such status. The field is filled in if more than one member of an international group of companies is a taxpayer resident of Ukraine and there are one or more circumstances specified in paragraphs five to seven of subparagraph 39.4.10 of paragraph 39.4 of the TCU, the international group of companies may appoint one of such members as an authorized person to submit the Report. The authorized member of the international group of companies shall notify the central executive body that implements the state tax policy of such appointment by submitting a notification of participation in the international group of companies as defined in subparagraph 39.4.2 of the TCU.

Column 10 indicates the code that corresponds to the role of the taxpayer in the submission of the Report. Depending on the circumstances specified in subparagraph 39.4.10 of the TCU, one of the following codes shall be indicated:

CBC701 - the taxpayer is the parent company of an MHC. In this case, the code CBC801 or CBC802 or CBC805 should be indicated in column 15;
CBC702 - a taxpayer authorized by the parent company of an MHC to submit a country-by-country report to the supervisory authority. In this case, the code CBC802 should be indicated in column 15;
CBC709 - the taxpayer is an IGC member that is not authorized by the IGC parent company to submit the Report to the supervisory authority in accordance with the requirements of the legislation of Ukraine or the jurisdiction of tax residence of the IGC parent company. In this case, the code CBC801 or CBC802 or CBC809 should be indicated in column 15;

Column15 contains information on the status of the Report submission by the international group of companies. For this purpose, one of the possible values is used, namely:

CBC801 - the report is submitted by the ultimate parent company;
CBC802 - the report by country is submitted by an authorized member of the IHC, including a resident of Ukraine. In this case, section II of the Notification shall contain information on the authorized participant of the IHC;
CBC805 - the country-by-country report is not submitted, as the criteria for its submission in accordance with the Code are not met (the total consolidated income of the IHC for the financial year preceding the reporting year is less than EUR 750 million);
CBC809 - a country-by-country report is submitted by an IHC member in Ukraine, as one of the conditions is met in accordance with paragraphs five to seven of subparagraph 39.4.10 of the TCU.

Column 17.1 indicates the tax identification (registration) number (code) (TIN or Tax Identification Number, or TIN) used by the tax authorities of the jurisdiction (state, territory) of tax residence of the parent company of an IHC. If the parent company has a TIN used by the tax authorities in the jurisdiction (state, territory) of its tax residence, such a number must be provided. If the parent company does not have a TIN, the value "NOTIN" shall be indicated in column 17.1. Column 17.2 shall indicate the code of the jurisdiction (state, territory) that issued the TIN. For the purposes of filling in this column, the two-digit alpha-2 letter code in accordance with the List of World Country Codes shall be used.

If the code "UA" is indicated in column 13.2, the value of column 17.1 must correspond to the data of the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations, and column 17.2 must contain the code "UA".

Column18.1 contains information on any other identification (registration) numbers (codes) (IN) of the parent company. For example, a company registration number (BRN), company registration number or Global Entity Identification Number (EIN).

Column 18.2 shall contain information about the type of identification (registration) number (code), information about which is provided in column 18.1 (for example, EIN). Column 18.3 indicates the country code corresponding to the code of the jurisdiction (state, territory) that issued the TIN. For the purposes of filling in this column, the two-digit alpha-2 letter code in accordance with the List of World Country Codes is used. If the jurisdiction (state, territory) in which the number was issued is unknown, this column shall not be filled in.

Columns 18.1 - 18.3 may be repeated depending on the number of other identification numbers."

Column 26.1 shall indicate the tax identification (registration) number (code) (TIN or Tax Identification Number, or TIN) used by the tax authorities of the jurisdiction (state, territory) of tax residence of the participant of the IHC. If the participant has a TIN used by the tax authorities in the jurisdiction (state, territory) of its tax residence, such number shall be provided on a mandatory basis. If the participant does not have a TIN, the value "NOTIN" shall be indicated in column 26.1. Column 26.2 indicates the code of the jurisdiction (state, territory) that issued the TIN. For the purposes of filling in this column, the two-digit alpha-2 letter code in accordance with the List of World Country Codes shall be used.

If the code "UA" is indicated in column 23.2, the value in column 26.1 must correspond to the data of the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations, and the code "UA.

Column 27.1 shall contain information on any other identification (registration) numbers (codes), such as the company registration number (BRN), company registration number or Global Entity Identification Number (EIN).

Column 27.2 shall contain information about the type of identification (registration) number (code), information about which is provided in column 27.1 (for example, EIN). Column 27.3 indicates the country code that corresponds to the code of the jurisdiction (state, territory) that issued the TIN. For the purposes of filling in this column, the two-digit alpha-2 letter code in accordance with the List of World Country Codes is used. If the jurisdiction (state, territory) in which the number was issued is unknown, this field shall not be filled in.

Please note that subsequently, the Order of the Ministry of Finance No. 101 dated March 1, 2024 made several other cosmetic amendments to the Procedure.

Order No. 58 will come into force on the date of its official publication. As of 03/08/2024, it has not been published.

Within two months from the date of official publication of this Order, the STSU is instructed to ensure the finalization and publication on the official web portal of the STSU of the XML scheme of the Notification of Participation in an International Group of Companies and its description.