Since January 1st 2013 the tax rules which bind contract prices to reference prices will come into effect
Since January 1st 2013 rules of the Tax Code which regulate the order of ordinary prices usage and methods of its determination will come into effect (Article 39 of the Tax Code). The idea of the ordinary price introducing consists in the usage of reference prices, based on which the taxation will be realized.
The use of the usual prices and expected linkage to them of the contract price - it is the possibility to avoid unnecessary conflicts with the tax and customs authorities, as according to the Article 14 of the Tax Code ordinary price (of works, services) is the price determined by parties of the contract, unless the contrary is proved, it is believed that such ordinary price corresponds to the market price level.
To determine the ordinary prices for the goods the official sources of information will be used, including the prices of specialized auctions and exchange quotation (item 11.2 of the Tax Code Article).
On 22nd of August 2012 Resolution of the Cabinet of Ministers № 787 approved the procedure for the conclusion and implementation of agreements on pricing for the tax purposes (effective since 1st January 2013). The by-law was developed for practical implementation of paragraph 16 of Article 39 of the Tax Code, which gives the right for taxpayers to apply to the State Tax Service with application on the conclusion of the agreement.
The Paragraph 14 of the Article 39 of the Tax Code requires the taxpayer to substantiate the compliance of the contract prices to the ordinary prices (in response to the State Tax Service) or to admit that this substantiation is the problem of the tax service. It is clear that second variant will be chosen. Experts also see a number of barriers to ground the compliance of the contract prices to the ordinary prices. However, the large taxpayers have already found decision and have chosen the unconditional method of determining of the ordinary price, recognized in the leading countries of the world - this is the exchange quotation. As the price fixed in the result of the exchange trading is considered the ordinary price, and therefore the market. Therefore if you cannot prove the fact that your contract price is ordinary to the tax and customs services - go to the exchange.