Is the residence certificate sufficient to confirm the status of the income beneficial owner of your non-resident counterparty? Does a non-resident always have to prove his / her beneficiary status when paying income? Tax reform has brought many changes to these concepts, as well as to the approaches of the tax and courts to the resolution of such disputes. During the webinar, GOLAW lawyers outlined the most relevant changes related to proving the beneficial status of the income owner, the requirements to the necessary supporting documentation, and shared practical experience based on the most representative cases of Ukrainian and foreign judicial practice.
During the meeting, we discussed:
- For which transactions is it necessary to prove the beneficiary status of the income owner?
- What has changed in the tax authorities' approaches to determining this status after the tax reform implementation?
- What documents can be used to confirm the beneficiary status of the income owner?
- Is it necessary to prove the Principal Purpose Test of the transaction if the beneficiary's status is confirmed?
- What is a "look-through approach" and can it be useful for business?
- The most representative court cases in Ukraine and abroad regarding confirmation of the beneficiary status of the income owner
Speakers:
Iryna Kalnytska, Partner at GOLAW, Attorney at law. Iryna Kalnytska is the Head of Tax, and Restructuring, Claims, and Recoveries practices at GOLAW. Iryna advises Ukrainian and global companies on national and international taxation, tax risks mitigation, tax structuring. She successfully represents the interests of clients in complex tax disputes. The lawyer also has a strong background supporting banks and insurance agencies in the provision of debt finance and other aspects of the finance industry, including debt restructuring and refinancing.
Olena Sulyma, Senior Associate at GOLAW, Attorney at law. Olena Sulyma is the Senior Associate at GOLAW. Olena advises Ukrainian and foreign companies on taxation. In particular, she carries out the analysis and assessment of tax aspects and risks of the business transactions and activity. Olena successfully represents the interests of the firm's clients before tax and other supervisory bodies, provides legal supports during tax audits, pre-trial settlement of disputes, and litigation disputes of different specializations. The lawyer also focuses on the issues of protection of intellectual property rights, companies' compliance with the legal requirements of advertising law, and consumer rights protection.
