On 14 December 2023, the Court of Justice of the European Union dismissed the European Commission’s appeal against the General Court judgment that had found Amazon did not receive unlawful State aid from Luxembourg. In this article, the authors describe the transfer pricing dispute, the General Court’s important considerations concerning the interpretation of the OECD transfer pricing guidelines, the Court of Justice’s judgment deciding State aid rules cannot be used to harmonize European transfer pricing, and whether the General Court’s “transfer pricing” interpretation will gain importance under the proposed EU Transfer Pricing Directive.
{"title":"Transfer Pricing and EU State Aid: What Next after the Amazon State Aid Case?","authors":"P-A. Klethi, H. V. Dam","doi":"10.59403/b07nhs","DOIUrl":"https://doi.org/10.59403/b07nhs","url":null,"abstract":"On 14 December 2023, the Court of Justice of the European Union dismissed the European Commission’s appeal against the General Court judgment that had found Amazon did not receive unlawful State aid from Luxembourg. In this article, the authors describe the transfer pricing dispute, the General Court’s important considerations concerning the interpretation of the OECD transfer pricing guidelines, the Court of Justice’s judgment deciding State aid rules cannot be used to harmonize European transfer pricing, and whether the General Court’s “transfer pricing” interpretation will gain importance under the proposed EU Transfer Pricing Directive.","PeriodicalId":517680,"journal":{"name":"International Transfer Pricing Journal","volume":" 18","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140387857","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In PepsiCo, Inc v. Commissioner of Taxation, Moshinsky J has held that a portion of the payments made to PepsiCo by an unrelated bottler and distributor – for syrup concentrate for manufacturing a range of popular soft drinks – were “royalties” for Australian royalty withholding tax (RWHT) purposes. Moshinsky J also held that if the RWHT provisions did not apply, PepsiCo nevertheless obtained a “tax benefit” by not paying RWHT and was therefore liable to pay diverted profits tax (DPT). The decision is the first in Australia to consider the tax treatment of “embedded royalties” and the DPT rules (which were introduced in 2017).
{"title":"Federal Court Hands Down First Decision on Embedded Royalties and Diverted Profits Tax","authors":"M. Butler, L. Wang, K. Chen","doi":"10.59403/376tgxy","DOIUrl":"https://doi.org/10.59403/376tgxy","url":null,"abstract":"In PepsiCo, Inc v. Commissioner of Taxation, Moshinsky J has held that a portion of the payments made to PepsiCo by an unrelated bottler and distributor – for syrup concentrate for manufacturing a range of popular soft drinks – were “royalties” for Australian royalty withholding tax (RWHT) purposes. Moshinsky J also held that if the RWHT provisions did not apply, PepsiCo nevertheless obtained a “tax benefit” by not paying RWHT and was therefore liable to pay diverted profits tax (DPT). The decision is the first in Australia to consider the tax treatment of “embedded royalties” and the DPT rules (which were introduced in 2017).","PeriodicalId":517680,"journal":{"name":"International Transfer Pricing Journal","volume":"35 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140285285","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Since the introduction of APAs into legislation, the Turkish tax administration has expressed a welcoming attitude towards APAs in several communiques. Tax officials of the APA department at the tax administration have always stated that the tax administration would be responsive to current and future APA applications. Many companies operating in Turkey have therefore applied to the programme and have concluded APAs. This article details the legislation for the Turkish APA programme and also provides insights regarding current application in practice.
自从将 APA 纳入立法以来，土耳其税务局在若干公报中对 APA 表示了欢迎的态度。税务局 APA 部门的税务官员一直表示，税务局将对当前和未来的 APA 申请作出回应。因此，许多在土耳其经营的公司都向该计划提出了申请，并签订了 APA。本文详细介绍了土耳其 APA 计划的立法情况，并就当前的实际应用提供了见解。
{"title":"APA Programme in Türkiye","authors":"A. Tunç","doi":"10.59403/3xvmrzn","DOIUrl":"https://doi.org/10.59403/3xvmrzn","url":null,"abstract":"Since the introduction of APAs into legislation, the Turkish tax administration has expressed a welcoming attitude towards APAs in several communiques. Tax officials of the APA department at the tax administration have always stated that the tax administration would be responsive to current and future APA applications. Many companies operating in Turkey have therefore applied to the programme and have concluded APAs. This article details the legislation for the Turkish APA programme and also provides insights regarding current application in practice.","PeriodicalId":517680,"journal":{"name":"International Transfer Pricing Journal","volume":"56 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140286725","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article delves into the significance of Singapore residency for companies, focusing on factors such as the control and management of businesses. It highlights recent updates by the Inland Revenue Authority of Singapore regarding virtual board meetings and outlines additional economic criteria, applicable in select instances, for determining corporate tax residency. Additionally, it examines the implications of Singapore residency for tax treaty benefits, relief from double taxation, and eligibility for tax incentives, offering insights into navigating Singapore's tax landscape for practitioners and businesses.
{"title":"Corporate Tax Residency in Singapore","authors":"K.P. Chua, J. (. Yap","doi":"10.59403/q5t628","DOIUrl":"https://doi.org/10.59403/q5t628","url":null,"abstract":"This article delves into the significance of Singapore residency for companies, focusing on factors such as the control and management of businesses. It highlights recent updates by the Inland Revenue Authority of Singapore regarding virtual board meetings and outlines additional economic criteria, applicable in select instances, for determining corporate tax residency. Additionally, it examines the implications of Singapore residency for tax treaty benefits, relief from double taxation, and eligibility for tax incentives, offering insights into navigating Singapore's tax landscape for practitioners and businesses.","PeriodicalId":517680,"journal":{"name":"International Transfer Pricing Journal","volume":"346 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140402001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Tax departments continue to explore ways to streamline operational transfer pricing processes. Automation is, in theory, a rational choice for handling the increased burden of tightened transfer pricing regulations and compliance requirements. However, many multinationals continue to use various manual applications for handling pricing and documentation obligations. In this article, the authors address this paradox and argue that in-house human capabilities play a significant role in the potential transition towards automation that needs to be addressed when assessing the degree of automation readiness. Essentially, multinationals need to go beyond an evaluation of technical and system conditions when determining if automation tools can realistically be deployed in operational transfer pricing processes.
{"title":"Assessing the Transfer Pricing Automation Potential: The Role of Human Capabilities","authors":"J.C. Plesner Rossing, J. A. Tigre","doi":"10.59403/radz72","DOIUrl":"https://doi.org/10.59403/radz72","url":null,"abstract":"Tax departments continue to explore ways to streamline operational transfer pricing processes. Automation is, in theory, a rational choice for handling the increased burden of tightened transfer pricing regulations and compliance requirements. However, many multinationals continue to use various manual applications for handling pricing and documentation obligations. In this article, the authors address this paradox and argue that in-house human capabilities play a significant role in the potential transition towards automation that needs to be addressed when assessing the degree of automation readiness. Essentially, multinationals need to go beyond an evaluation of technical and system conditions when determining if automation tools can realistically be deployed in operational transfer pricing processes.","PeriodicalId":517680,"journal":{"name":"International Transfer Pricing Journal","volume":"90 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140428984","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Public country-by-country reporting has finally been implemented in the European Union. Based on a case study approach, this article analyses whether the existing OECD tax risk indicators can also be reasonably applied to the EU Public CbCR to detect potential tax risks.
{"title":"The EU Public Country-by-Country Reporting – A Case Study on Tax Risk Assessment","authors":"T. Hoppe","doi":"10.59403/yjx1ft","DOIUrl":"https://doi.org/10.59403/yjx1ft","url":null,"abstract":"Public country-by-country reporting has finally been implemented in the European Union. Based on a case study approach, this article analyses whether the existing OECD tax risk indicators can also be reasonably applied to the EU Public CbCR to detect potential tax risks.","PeriodicalId":517680,"journal":{"name":"International Transfer Pricing Journal","volume":"63 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140494880","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article evaluates the treatment of pass-through costs in India from a transfer pricing perspective and analyses a recent ruling by the Delhi ITAT in the case of BBC World (India) Pvt. Ltd.
本文从转让定价的角度评估了印度对转嫁成本的处理，并分析了德里 ITAT 最近在 BBC World (India) Pvt.
{"title":"Concept of Pass-Through Costs and Their Treatment in Transfer Pricing","authors":"V. Patel, S. Dhoot, A. (. Gupta","doi":"10.59403/1wgbp71","DOIUrl":"https://doi.org/10.59403/1wgbp71","url":null,"abstract":"This article evaluates the treatment of pass-through costs in India from a transfer pricing perspective and analyses a recent ruling by the Delhi ITAT in the case of BBC World (India) Pvt. Ltd.","PeriodicalId":517680,"journal":{"name":"International Transfer Pricing Journal","volume":"30 2-3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140496538","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
On 6 September 2023, the Danish Supreme Court delivered its ruling DK: Supreme Court, 6 Sept. 2023, Case BS-15265/2022-HJR, Danish Ministry of Taxation v. A.P. Møller – Maersk A/S and Case BS-16812/2022-HJR, Danish Ministry of Taxation v. TotalEnergies EP Danmark A/S, available at https://domstol.dk/media/0s5nv5zm/15265-16812-2022-dom-til-hjemmesiden.pdf (in Danish) (accessed 10 Jan. 2024). An unofficial translation of the ruling in English can be found here: https://www.linkedin.com/posts/susi-baerentzen-4600326_unofficial-translation-by-susi-baerentzen-activity-7105549375321292800-3lS3?utm_source=share&utm_medium=member_desktop (accessed 10 Jan. 2024). in the largest Danish transfer pricing case to date. In addition to its considerable adjustments, the ruling has been a spectacular addition to a decade-long development in the Danish transfer pricing regulation due to the handling of corporate losses, discretionary assessments and aggregated assessments of individual transactions.
{"title":"The Significance of Corporate Losses in Transfer Pricing – The Danish Supreme Court Ruling in the Maersk Oil/Total Energies case","authors":"S. Baerentzen","doi":"10.59403/2v4qv32","DOIUrl":"https://doi.org/10.59403/2v4qv32","url":null,"abstract":"On 6 September 2023, the Danish Supreme Court delivered its ruling\u0000 DK: Supreme Court, 6 Sept. 2023, Case BS-15265/2022-HJR, Danish Ministry of Taxation v. A.P. Møller – Maersk A/S and Case BS-16812/2022-HJR, Danish Ministry of Taxation v. TotalEnergies EP Danmark A/S, available at https://domstol.dk/media/0s5nv5zm/15265-16812-2022-dom-til-hjemmesiden.pdf (in Danish) (accessed 10 Jan. 2024). An unofficial translation of the ruling in English can be found here: https://www.linkedin.com/posts/susi-baerentzen-4600326_unofficial-translation-by-susi-baerentzen-activity-7105549375321292800-3lS3?utm_source=share&utm_medium=member_desktop (accessed 10 Jan. 2024). \u0000 in the largest Danish transfer pricing case to date. In addition to its considerable adjustments, the ruling has been a spectacular addition to a decade-long development in the Danish transfer pricing regulation due to the handling of corporate losses, discretionary assessments and aggregated assessments of individual transactions.","PeriodicalId":517680,"journal":{"name":"International Transfer Pricing Journal","volume":"131 3-4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140498152","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The recently proposed BEFIT legislation in the European Union seeks to standardize tax bases and simplify transfer pricing rules for large multinational enterprises. This article delves into potential challenges of this proposition, mainly focusing on its implications from a transfer pricing perspective. Challenges around the coexistence of varying transfer pricing rules, the interplay between BEFIT and Pillar Two, and uncertainties surrounding dispute resolutions are explored.
{"title":"The BEFIT Directive: A Game Changer for Transfer Pricing or an Irrelevant Buzz?","authors":"J. Provencher, A. Mulky Dange, S. Kuijper","doi":"10.59403/zf1zf5","DOIUrl":"https://doi.org/10.59403/zf1zf5","url":null,"abstract":"The recently proposed BEFIT legislation in the European Union seeks to standardize tax bases and simplify transfer pricing rules for large multinational enterprises. This article delves into potential challenges of this proposition, mainly focusing on its implications from a transfer pricing perspective. Challenges around the coexistence of varying transfer pricing rules, the interplay between BEFIT and Pillar Two, and uncertainties surrounding dispute resolutions are explored.","PeriodicalId":517680,"journal":{"name":"International Transfer Pricing Journal","volume":"81 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140505130","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The author makes a case for the inclusion of the OECD Guidelines into the Indian transfer pricing regime. The article takes a bird’s eye view of the Indian transfer pricing regime and therefore undertakes a high-level analysis. In doing so, it brings to the fore the shortcomings in the Indian regime for consideration by the tax policymakers – ministry and revenue officials who frame India’s international tax and transfer pricing policies. For this purpose, the author adopts the perspective of the revenue/tax authorities.
{"title":"Transfer Pricing Regime under the Indian Income Tax Act 1961 and Income Tax Rules 1962 – Inadequacies, Deficiencies, Problems and Proposed Solutions","authors":"M. Naudiyal","doi":"10.59403/14evgkw","DOIUrl":"https://doi.org/10.59403/14evgkw","url":null,"abstract":"The author makes a case for the inclusion of the OECD Guidelines into the Indian transfer pricing regime. The article takes a bird’s eye view of the Indian transfer pricing regime and therefore undertakes a high-level analysis. In doing so, it brings to the fore the shortcomings in the Indian regime for consideration by the tax policymakers – ministry and revenue officials who frame India’s international tax and transfer pricing policies. For this purpose, the author adopts the perspective of the revenue/tax authorities.","PeriodicalId":517680,"journal":{"name":"International Transfer Pricing Journal","volume":"34 2-3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140514878","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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