Topic
Transfer Pricing
266 published works
Best Methods
OECD Guidance on Pandemic’s Impact on Transfer Pricing
By Astrid Pieron, Jason M. Osborn, Michael Lebovitz, Anthony D. Pastore
Just in time for the holidays, the OECD has published detailed guidance about the impact of the COVID-19 pandemic on transfer pricing. The guidance has useful information for taxpayers and…
International Financial Law Prof Blog
OECD publishes information on the state of implementation of the hard-to-value intangibles approach by members of the Inclusive Framework on BEPS
The OECD has published jurisdiction-specific information on the implementation of the hard-to-value intangibles ("HTVI") approach. To date, 40 jurisdictions have provided information on whether their domestic legal system provides for…
Best Methods
Applying Acquisition Price Method to Post-TCJA Platform Contribution Transactions
Prior to the Tax Cuts and Jobs Act of 2017 (“TCJA”), the appeal of cost sharing was driven largely by the deferral of U.S. taxation on foreign earnings. Now that…
Best Methods
DEMPE Functions
In transfer pricing analysis, the determination of the entity or entities within a multinational enterprise that are entitled to share in the returns derived by the group from exploiting intangibles…
Best Methods
IRS Seeks to Bar Transfer Pricing Argument in Western Digital
By William G. McGarrity, Anthony D. Pastore, Daniel S. Emas
The parties recently completed briefing on an IRS motion for partial summary judgment in Western Digital Corporation v. Commissioner. The motion asks the US Tax Court to hold that a…
Best Methods
Always More Transparency in the EU: DAC6 and Transfer Pricing
The European Union passed a sixth version of its Directive on Administrative Cooperation in the Field of Taxation, known as "DAC 6" (Directive (EU) 2018/82 2), on 25 May 2018.…
Best Methods
Telescoping into the Void
By Jason M. Osborn, John T. Hildy, Anthony D. Pastore
Last week, the IRS issued new guidance that addresses “telescoping” in mutual agreement procedure (“MAP”) and advance pricing agreement (“APA”) cases. Very generally, the guidance disallows (subject to a $10…
Best Methods
General View of the Project “Transfer Pricing in Brazil”
By Ivan Tauil, Thais Bandeira de Mello Rodrigues
In February 2018, the OECD and Brazil started a joint project to analyze the similarities and differences between Brazilian legislation and the transfer pricing ("TP") frameworks to assess cross-border transactions…
Best Methods
OECD on Cash Pooling
In February 2020, the Organization for Economic Cooperation and Development (“OECD”) released Transfer Pricing Guidance on Financial Transactions (“Guidance”). The Guidance is significant because it is the first time that…
Best Methods
Singapore’s Transfer Pricing Guidelines for COVID-Affected Businesses
The Inland Revenue Authority of Singapore ("IRAS") has issued transfer pricing guidelines for companies affected by the COVID-19 pandemic, which includes guidance on documentation requirements, term-testing for related party transactions…