The State Tax Service (STS) issued the following items of guidance on various transfer pricing, value added tax (VAT), and income tax issues:
- Order no. 521 providing new guidance on transfer pricing, including the introduction of advance pricing agreements (APAs) from January 1, 2025, and reduced penalties for violations. Key updates also include a refined definition of "local transactions" and clarified requirements for transfer pricing documentation and transaction value calculations, retroactive to January 1, 2024.
- Clarification on November 8, 2024, that VAT on supplies remains unaffected by income or expense adjustments under transfer pricing rules. The taxable value of supplies is based on the agreed delivery value without VAT, and adjustments such as price changes, returns, or discounts are the only factors that modify this value. Specific relationships for VAT purposes and related persons for transfer pricing are distinct concepts, meaning adjustments for transfer pricing do not alter VAT amounts.
- Confirmation on October 23, 2024, that VAT recalculated by the customs office for imported goods is deductible for registered VAT payers. Taxpayers can deduct input VAT on goods purchased for making VAT-subject supplies.
- Clarification in October 2024 that small and medium-sized enterprises (SMEs) that do not pay dividends or have no employees and meet specific criteria during tax periods 2023-2025 can benefit from a zero income tax rate for such periods, provided they submit their income tax returns on time and opt for the zero rate. The tax authority also clarified on November 6, 2024, that SMEs making performance-related payments from incentive capital can retain their zero-income tax rate.
- Confirmation on October 31, 2024, that debts from sales to nonresidents can qualify as tax-deductible bad debts if certain conditions are met, such as the liquidation of the debtor without succession or the absence of assets after two tax periods.
- Clarification on November 4, 2024, that repair costs of a leased property are deductible up to 15% of the annual lease amount, as per article 261 (11) of the Tax Code. Expenses exceeding this limit are subject to depreciation, starting the month after the costs were incurred.