What list of countries should be used for controlled transactions in 2025?

The tax authorities were asked which List should be used in 2025: according to the Resolution of the Cabinet of Ministers of Ukraine dated 27.12.2017 No. 1045 as amended by the Resolution of the Cabinet of Ministers of Ukraine No. 636 dated 04.06.2024, or as amended by the Resolution of the Cabinet of Ministers of Ukraine No. 1505 dated 27.12.2024?

In the letter dated 22.01.2025 No. 351/ІПК/99-00-21-02-03, the experts reminded that subpara. 6 of subpara. 39.2.1.2 of the TCU provides that "if changes to the said list are approved by the Cabinet of Ministers of Ukraine before November 30, such changes shall apply from January 1 of the reporting year following the calendar year in which such changes are made. In case of approval of amendments to the said list after November 30, such amendments shall apply from January 1 of the second reporting year following the calendar year in which such amendments were made."

It is worth noting that Section II, paragraph 1 of the Final Provisions of Law No. 3813 stipulates that, in particular, paragraph 7 of Section I of Law No. 3813 shall enter into force on January 1, 2025.

Subparagraph 2 of paragraph 4 of Section II of the Final Provisions of Law No. 3813 instructs the Cabinet of Ministers of Ukraine to ensure that the list of states (territories) for the purposes of subparagraph "c" of subparagraph 39.2.1.1 of the Tax Code as amended by Law No. 3813 is approved by January 1, 2025 , for the purpose of its use from January 1 of the reporting year 2025.

Resolution No. 1505 amended the Annex to Resolution No. 1045 "On Approval of the List of States (Territories) Meeting the Criteria Set by Subparagraph 39.2.1.2 of Subparagraph 39.2.1 of Clause 39.2 of Article 39 of the Tax Code of Ukraine and Invalidation of the Resolution of the Cabinet of Ministers of Ukraine dated September 16, 2015 N 977".

Paragraph 2 of Resolution No. 1505 stipulates that this Resolution shall enter into force on January 1, 2025, but not earlier than the day of its publication.

The CMU Resolution No. 1505 was published in the Uryadovyi Courier dated 01.01.2025 No. 1.

In view of the above, starting from 01.01.2025, taxpayers for the purposes of subparagraph "c" of subparagraph 39.2.1.1 of the Tax Code should use the List of states (territories) that meet the criteria set out in subparagraph 39.2.1.2 of the Tax Code, approved by CMU Resolution No. 1045, as amended by CMU Resolution No. 1505.