On 7 October 2021, the Austrian Federal Ministry of Finance published the final version of the Austrian Transfer Pricing Guidelines (Austrian Guidelines 2021). In 2010, the Austrian tax authorities published the transfer pricing guidelines based on the OECD Guidelines from 2010 for the first time. The recent changes are mainly due to international developments as a result of the OECD’s Base Erosion and Profit Shifting (BEPS) project and the subsequent OECD update of the transfer pricing guidelines in 2017 (OECD Guidelines 2017).
The recent revision should serve as an aid for the interpretation of the arm’s-length principle which is laid down in Article 9 of the Double Taxation Treaties and in par. 6 (6) (a) of the Austrian Income Tax Act. The structure of the Austrian Guidelines 2021 is divided into five parts:
Part 1: Multinational group structures
Part 2: Multinational permanent establishment structures
Part 3: Documentation and reporting requirements
Part 4: Transfer Pricing audits
Part 5: Appendix with reference documents (Austrian Federal Ministry of Finance; OECD and EU)
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