Newsletter Transfer Pricing

Europe
Austria: New Austrian Transfer Pricing Guidelines 2021
Belgium: Belgian Transfer Pricing court case: a rare occurrence
France: The Engie Case: an ambitious new approach by the French Tax Administration
Germany: German Federal Ministry of Finance: Administrative Principles 2021 on Transfer Pricing published
Germany: Recent changes on German Tax Law concerning Transfer Pricing
Ukraine: State Tax Service intensifies TP control

Further Countries
Argentina: Transfer Pricing developments in Argentina
Benin: Transfer Pricing Update Benin
Chile: Migration of the approach of the Chilean Revenue Service to segments with greater fiscal impact
China: Responses to practical questions on the Transfer Pricing implications of the COVID-19 impacts15
Nigeria: Transfer Pricing Update on Nigerian TP case
Senegal: Implementation of Action 12 of BEPS project: a strengthened internal tax system
Taiwan: Supreme Administrative Court decides on one-time Transfer Pricing adjustments
Thailand: TP legal framework and practical insights
United States: The US’ role in global adoption of Pillar 1 and Pillar 2 / ongoing conversations in the US on tax reform / a status update on US tax reform
Vietnam: Transfer Pricing Update Vietnam

Europe
Austria: New Austrian Transfer Pricing Guidelines 2020
France: Self-financing through intangible assets or how to generate significant tax savings
Germany: German Federal Ministry of Finance: Administrative Principles 2020 published
Hungary: Pandemic does not stop TP audits in Hungary
Italy: New Rules on the Transfer Pricing Documentation
The Netherlands: Proposed limitation to Dutch unilateral downward adjustments
Poland: New documentation requirements for transactions with tax havens as of 1 January 2021
UK: UK Consultation on Transfer Pricing Documentation

Further Countries
Argentina: Mandatory Disclosure Framework and Transfer Pricing
Brazil: New ‘Local File’ Requirements in Brazil
Chile: Recent cases on TP – Chile vs Avery Dennison Chile SA (FY 2012)
China: China releases public consultation paper on simplified unilateral APA procedures
Ghana: Ghana introduces new Transfer Pricing Regulations
India: Transfer Pricing Update India
Senegal: Latest Transfer Pricing tax reform implementing Action 12 of the OECD BEPS project
Vietnam: The regulations on the Advance Pricing Agreement (“APA”) and its modification

Europe
France: Proof of the interest rate applied between related companies
Spain: Transposition of directive 2017/1852, of the council of 10 October 2017, relating to the integration of mechanisms or the resolution of tax disputes in the European Union into Spanish domestic law
Sweden: New guidance on financial guarantees
Ukraine: New business purpose test in Ukrainian tax law

Further Countries
Argentina: Argentina adds new transfer pricing documentation requirements for operations with intermediaries
Chile: Adoption of new transfer pricing requirements: master file & local file
Costa Rica: Transfer pricing update for Costa Rica
India: Updates on the Mutual Agreement Procedure (MAP)
China publishes annual APA report
Nigeria: Averting penalties on TP transactions by means of proper TP compliance
Senegal: The Multilateral Convention of OECD BEPS project: Senegal’s position and its impact on its bilateral DTTs
Taiwan: Draft amendments to transfer pricing assessment rule
Vietnam: New decrees on transfer pricing

France: Impact of the crisis on transfer prices
Germany: Suggested draft law on IC financing: typification of the arm’s length principle also applicable to domestic transactions? – A comparison of tax consequences in cross-border and domestic cases
Hungary: Recent Hungarian developments in transfer pricing with a focus on impacts of COVID-19
Italy: The New Italian Law on International tax disputes settlement
Netherlands: “To dip or not to dip, that is the question”
Ukraine: New proportionate TP adjustment rules introduced into Ukrainian tax law since May 2020!
Argentina: “Argentine Transfer Pricing News - 2020 Second Trimester”
Chile: Revision of formal obligations: what to expect
Nigeria: Applicable TP Methods in Nigeria – Analysing prime plastichem Nigeria limited V federal inland revenue services
Pakistan: Transfer Pricing Audit
Taiwan: One-time Transfer Pricing adjustment in Taiwan
Thailand: Transfer Pricing Update
Vietnam: The impact of the new Law on Tax Administration on Transfer Pricing

Argentina: Argentine Transfer Pricing News – 2020 First Trimester
Austria: Implementation of the EU Directive on Tax Dispute Resolution Mechanisms
Belgium: Belgian Tax Administration (BTA) published final version of the circular letter “Transfer Pricing”
Brazil: Dialogue Between Brazil and OECD on the Alignment of Brazilian Transfer Pricing Rules with the OECD Standard
Germany: I/C Financial Transaction and Transfer Pricing: Final OECD Guidance and Germany’s Bilateral Position
Italy: Arm’s Length Range – Recent Case Laws
OECD: Pillar One – Not Only the Taxation of Digital Business Models is Under Discussion!
Poland: New Transfer Pricing Reporting Obligations
Romania: Transfer Pricing update for Romania
Senegal: The New Regulation Provided by Law no. 2018-10 Amending the Senegalese Tax Law on Transfer Pricing
Republic of Serbia: Transfer Pricing Treatment of Purchasing Fixed Assets
Thailand: Transfer Pricing update for Thailand
Turkey: Legislative Works with Regard to BEPS Action 13 are Completed via Presidential Decree No: 2151
Ukraine: Ukrainian Parliament Implements Three-Tier Approach to TP Documentation and Other Important Changes to the Tax Code
Vietnam: Advance Pricing Agreements gaining importance

Austria: Limits of temporary relief in the MAP (Mutual Agreement Procedure)
China: Chinese taxation in the era of digitisation
Hong Kong: Hong Kong IRD issues guidance regarding TP Documentation and CbCR
Netherlands: The EU General Court’s judgement in Starbucks’ state aid case
Nigeria: Transfer Pricing in Nigeria – Navigating a Tax Dispute Resolution
Pakistan: A Paradigm Shift in the Approach to Transfer Pricing in Pakistan
Russia: Changes in Russian TP legislation effective as of 2020
Saudi Arabia: Recent developments in KSA transfer pricing
Switzerland: The Swiss Tax Reform coming into force on 1 January 2020
United Arabic Emirates (UAE): Transfer Pricing Regulations in the UAE
Vietnam: 2020 Tax audits in Vietnam for Foreign Invested Companies will focus on TP

Australia: Australia introduces new Transfer Pricing Guideline for “inbound distributors”
Austria: Horizontal monitoring
Egypt: Egypt’s Transfer Pricing Guidelines
Hungary: Recent developments in Hungarian transfer pricing
Italy: Corresponding adjustments made easier
Saudi Arabia: Tax current developments and their impacts on permanent establishments (PEs)
Gulf Cooperation Council (GCC): Transfer Pricing in the GCC
Republic of Serbia: Interest rates under the arm’s length principle for 2019 fiscal year
South Africa: Extending the scope of transfer pricing rules in South Africa
Thailand: The new Transfer Pricing Act, effective 1 January 2019
Turkey: Current status of the BEPS Action Plan in Turkey from the viewpoint of Turkish legislation
Ukraine: New changes in Ukrainian transfer pricing rules in 2019

Austria: The expanded Advance Tax Ruling Procedure
Belarus: Transfer pricing reform in Belarus
Brazil: Benchmark Price and Renowned Research Companies: Challenges in Brazil
Czech Republic: Functional and risk profile identification as a key issue in current transfer pricing controls
Italy: Implementing BEPS Actions 8 to 10
OECD: WTS Global Comments to the OECD Discussion Draft on Financial Transactions
Poland: Poland changes TP regulations
Portugal: Latest news on the implementation of BEPS in Portugal
Russia: Development of TP court practices in Russia
Republic of Serbia: Interest rates in accordance with the “arm’s length principle” for fiscal year 2018
Ukraine: Transfer pricing in figures

Austria: BMF-Info Transfer Pricing Documentation
Brazil: Prevalence of Law provisions over Normative Instructions issued by the Brazilian Federal Revenue Service
China: China updates “beneficial owner” rules
Germany: Contradictory Views on the Pricing of I/C Loans in German Fiscal Courts
Hungary: Brand new TP Decree
India: Recent Transfer Pricing related updates in India
Luxembourg: New Luxembourg intellectual property regime in force
Republic of Serbia: Changes in Corporate Income Tax law related to transfer pricing
Ukraine: Extension of TP control to permanent establishments in Ukraine

Brazil: Adoption of the Resale Price Less Profit method on long-term agreements
China: The developing APA programme
India: India introduces the Final Rules on drawing up the Country-by-Country (CBC) report and Master File (MF)
Latvia: Increased focus on transfer pricing is expected due to fundamental tax reform entering into force on 1 January 2018
Russia: Transfer Pricing Developments in Russia
Slovenia: Increasing tax assessment on transfer pricing 
South Africa: Summary of SA Local and OECD BEPS Transfer Pricing Compliance Requirements
Ukraine: New Draft Law on BEPS implementation

Austria: Corresponding TP correction: Direct contact between Austrian and German tax authorities 
Brazil: Brazil’s Request to Join OECD: Changes to Local Transfer Pricing Rules?
Czech Republic: Increasing number and effectivity of tax controls focused on transfer pricing 
Greece: New transfer pricing documentation requirements for Country-byCountry reporting 
Hungary: The implementation of the Country-by-Country Reporting (CbCR)
International: WTS IT tool “WTS CbCR-2-XML Converter”
Japan: Transfer pricing guidebook released in Japan
Luxembourg: New IP regime as of 201
The Netherlands: Should a construction permanent establishment always realise a profit? 
Portugal: Enhancement of tax transparency
Romania: Romania introduces Country-by-Country Reporting
Ukraine: The First Shots in Ukrainian TP Court Practice 

Austria: Transfer Pricing Documentation implementation provision (VPDG-DV) announced 
Brazil: Country-by-Country Reporting in Brazil 
China: Challenging times come after Base Erosion and Profit Shifting actions
Czech Republic: Ministry of Finance’s discussion paper on the implementation of the ATA 
Germany: German Ministry of Finance publishes circular regarding the use of the company name
India: Recent TP updates in India 
Luxembourg: Transfer pricing developments in Luxembourg
The Netherlands: Incorrect transfer pricing and Dutch penalties 
Russian Federation: Specifics of Transfer Pricing control in Russia 
Ukraine: Update of Ukrainian TP rules in 2017

Austria: Transfer Pricing Documentation Law (VPDG) in force
Belgium: Mandatory TP Documentation Requirements introduced into law
China: China is amending its tax collection law, and scrutinizing outbound payments
Germany: Government Draft regarding the implementation of OECD BEPS’s three-tired documentation concept was published on July 13, 2016
Hungary: New domestic regulations introduced on royalties in the light of BEPS
India: India implements Action 13 Plan of OECD 
Nigeria: Nigeria Gets Set for the Full Implementation of Country-by-Country Report Framework
Norway: Implementation of BEPS-Actions
Poland: Update on the implementation of CbC Reporting in Poland
United States: Proposed Section 385 Regulations 

Australia: Update on the implementation of BEPS measures in Australia
Brazil: OECD BEPS Action 13 Transfer Pricing 
China: When will the BEPS Action 13 transfer pricing requirements be implemented? 
Hungary: BEPS – implementation in Hungary – the sounds of silence 
India: Transfer Pricing in BEPS context – India updates 
Italy: The implementation of BEPS transfer pricing guidance in Italy
The Netherlands: Dutch implementation of BEPS Action point 13: TP Documentation and Country-by-Country Reporting 
Norway: Well prepared to comply with BEPS recommendations
Russia: Russian Federation 
Singapore: Singapore’s evolving transfer pricing regime 
Slovenia: Expected Changes in the Field of Transfer Pricing Documentation 
Ukraine: BEPS in Ukraine: not yet but closer 
United Kingdom: Evolving transfer pricing landscape in the United Kingdom 

Australia: Multinational Anti-Avoidance Law & Tax Transparency Initiatives 
Brazil: Cost plus profit as an alternative to resale price less profit
China: Enforcement of BEPS in China 
India: Multiple Year Data + Range Concept 
Italy: Transfer Pricing and Domestic Intercompany Transactions in the Light of the New Legislation
Korea: Korea 2015 Tax Reform Proposals: Reinforcement of Multinational Enterprises (“MNE”)’s Transfer Pricing (“TP”) Information Reporting Requirements 
Latvia: Recent transfer pricing judgements in Latvia leading to increased controversy in application of resale minus method 
Luxembourg: Impact of European Commission’s Fiat State Aid decision on Luxembourg’s transfer pricing practice 
Philippines: Transfer Pricing: One of the 2015 Top Priority Programs in PHL 
Poland: Poland implements BEPS Action 13 
Spain: New CbC reporting obligation and amendments to transfer pricing rules
The Netherlands: Dutch Implementation of BEPS Action Point 13: TP Documentation and Country-by-Country Reporting 
Ukraine: The Variations in the List of Controlled Transactions in Ukraine
United Kingdom: Tax and transfer pricing update on interest deductibility

Comments regarding the OECD Draft on Transfer Pricing (TP) Documentation and country-by-country (CbC) Reporting