The Ukraine Supreme Administrative Court has recently issued a decision concerning whether a foreign company that acquired a Ukrainian company is eligible for treaty benefits on dividends received if paid out of income generated prior to the acquisition. The case involved Sanitas, a private Ukrainian enterprise acquired in 2012 (100%), by Cyprus-based Rysio Holdings Limited, which was formed in 2009.
In 2013, Sanitas paid dividends to Rysio without withholding any tax based on the exemption …