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   September/October 2015  
ITPJ Preview IBFD, Your Portal to
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International Transfer Pricing Journal
This free e-mail service informs you about the contents of the forthcoming edition of International Transfer Pricing Journal.

Issue No. 5 - 2015 of the International Transfer Pricing Journal is now available online.

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Transfer Pricing and Intra-Group Financing
3-4 December 2015

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Number 5 - 2015 contains the following:

The EU JTPF Shifts Gears on Dispute Resolution

Isabel Verlinden and Madlen Haupt

The EU Joint Transfer Pricing Forum reached agreement on revisions to the Code of Conduct to the EU Arbitration Convention during its meeting on 12 March 2015. The authors consider those changes and their potential impact, as well as the renewed mandate and change in composition of the JTPF.


Planning for Multilateral Tax Controversy in the Post-BEPS World

Cym H. Lowell and Matthew Herrington


The Concept of “Options Realistically Available” under the OECD Transfer Pricing Guidelines

Siddharth Parekh

The author evaluates the transfer pricing concept of “options realistically available”. The article seeks to understand and analyse the meaning of this concept, identifies various factors that must be analysed to determine the options realistically available and briefly discusses some of the financial management tools and economic theories that can be used to apply this concept in practice.


Transfer Pricing and Customs Valuation: WCO Guide Published

Joel Lachlan Cooper

The interface of customs valuation and transfer pricing is a challenge not only for business, but also for revenue authorities who often struggle to reconcile and administer the two sets of rules. Recognizing this, on 24 June 2015, the World Customs Organization (WCO) published the “WCO Guide to Customs Valuation and Transfer Pricing” that aims to assist customs officials in understanding and navigating the relationship between customs valuation and transfer pricing.


Canada Revenue Agency Guidance on Intra-Group Services and the Role of Multiple-Year Data

J. Scott Wilkie

The Canada Revenue Agency published important new guidance earlier this year concerning transfer pricing for services and data analysis that uses statistical tools. These are important aspects of Canadian transfer pricing analysis. The CRA’s comments on statistical analysis are particularly important in light of its long-standing outlook on this kind of analysis. More generally, the CRA’s comments provide more general insight into how the CRA may approach complex or “bundled” transfers the elements of which may be difficult to separate.


Tribunal Rules that Transfer Pricing Provisions Are Not Applicable to Guarantees if No Costs Are Incurred

P. Raj Kumar Jhabakh

This article discusses the recent judgment of the Delhi Bench of the Income Tax Appellate Tribunal in the Bharti Airtel Ltd case, wherein it was held that corporate guarantees provided by a company to its associated enterprises do not have any impact on the profits, income, losses or assets of a company, and therefore the transfer pricing provisions are not applicable.


Ruling in Marubeni Case on Benchmarking and Determining Arm’s Length Consideration for the International Provision of Agency and Marketing Support Services

Vispi T. Patel and Kejal P. Visharia

The authors analyse the Marubeni case concerning a typical business model and its nuances for benchmarking the international transaction of provision of agency and marketing support services, as well as the Court’s determination as to whether the consideration for such services was at arm’s length under the Income Tax Act, 1961.


Unresolved Issues Surrounding Transfer Pricing Legislation: The Anti-Avoidance Purpose and Penalty Protection – Part 2

Alessandro Albano

This article is the second part of a contribution, and analyses the Supreme Court’s 19 December 2014 ruling in case 27087, in which – consistent with the approach considered more correct, as illustrated in the first part of this contribution – the Supreme Court recognized that transfer pricing rules do not have a specific anti-avoidance purpose.


Use of Secret Comparables Condoned by Norwegian Supreme Court

Joachim M. Bjerke and Simen S. Søgaard

In 2015, the Norwegian Supreme Court, for the first time ever, heard a case involving the use by the tax authorities of so-called secret comparables in transfer pricing. In this article, the authors consider the decision and its potential future impact.


Business Restructuring Amendments to Transfer Pricing Assessment Rules and New APA Procedure

Yishian Lin

The Ministry of Finance has issued new rules regarding contemporaneous transfer pricing documentation, as well as preparation meetings that are part of the APA application process. The Ministry also recently released a tax order that provides an objective formula for calculating a “contribution rate” used to calculate taxable income of non-resident enterprises to reduce the tax liability when only limited functions and risks are carried out in Taiwan.

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