October 22, 2015
The Forum “Import of services and IP objects: prices, currency regulation, taxes” was held on October 2015 with administrative support of government enterprise “Derzhzovnishinform” and the State Fiscal Service of Ukraine.
The aim of the event was to provide representatives of the companies with full information regarding prices, taxation system and currency regulation of agreements the subject of which is obtaining of imported services and IP objects by residents of Ukraine from non-residents.
Representatives of respective government authorities, society, and business environment took part in the Forum. Having presented a report under the topic “Whether to present obtaining of services and pay for them” Alexander Minin, Senior Partner of WTS Consulting, shared his experience and practice in this sphere.
During the presentation Alexander pointed out that it is always recommended to define those rights for which royalty shall be paid since rights for IP object use and ways of its use, which are not defined in license agreement, are considered as non-granted to the licensee. Additional attention was paid to termination of rights as regards IP objects rights and product launching. Almost the most lively discussion had arisen regarding the Letter of the State Fiscal Service as of July 18, 2015 “About payment for application of computer software”, in particular ambiguity of interpretation of provisions on VAT exemption according to para. 261 subsection 2 section XX of the Tax Code of Ukraine.
In conclusion Alexander emphasized that each particular transaction with non-residents shall be viewed on an individual basis with provision of relevant and reasonable argumentation in disputes with tax authority.