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The Resource Contemporary application of the arm's length principle in transfer pricing

Contemporary application of the arm's length principle in transfer pricing

Label
Contemporary application of the arm's length principle in transfer pricing
Title
Contemporary application of the arm's length principle in transfer pricing
Creator
Subject
Language
eng
Summary
This book outlines how the application of the arm's length principle should be reconsidered in light of the initiative of the OECD and G20 to counter tax base erosion and profit shifting (BEPS). The arm's length principle embedded in article 9 of the OECD Model is not an anti-avoidance rule and has been misidentified as the primary tool for tackling abusive practices. Transfer pricing analysis, commonly understood as examining economic substance, in reality examines whether related parties have the functional and financial capacity to perform the contracts they have entered into. The notions of ownership, substance and commercial rationality are identified as controlling criteria for compliance with the arm's length principle, which has its origin in contract law. This conclusion is reinforced with analysis of international court cases. Common intercompany arrangements of IP holding, cash pooling and debt factoring further suggest that the starting point of any transfer pricing analysis should be the identification of the mandatory terms of intercompany contracts. A template for contract analytics is therefore also provided. The framework for contemporary transfer pricing analysis that is developed defines the boundaries of the arm's length principle, with the objective of eliminating economic double taxation and neutralizing the effect of corporate income taxation on foreign direct investment
http://library.link/vocab/creatorName
Pankiv, M
Geographic coverage
International
Index
no index present
Language note
English
Literary form
non fiction
Series statement
  • European and International Tax Law and Policy Series
  • WU Institute for Austrian and International Tax Law
Series volume
  • 6
  • 6
http://library.link/vocab/subjectName
  • arm's length principle
  • transfer pricing
  • allocation of profits
  • formulary apportionment
  • economic substance
  • corporate income tax
  • foreign investment
  • BEPS Project (OECD)
Label
Contemporary application of the arm's length principle in transfer pricing
Instantiates
Publication
Extent
xvi, 242 p.
Isbn
9789087224141
Isbn Type
(eBook)
Issn
2451-8360
Label
Contemporary application of the arm's length principle in transfer pricing
Publication
Extent
xvi, 242 p.
Isbn
9789087224141
Isbn Type
(eBook)
Issn
2451-8360

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