Transfer pricing Miscellaneous 2021

Transfer pricing and intangibles - part 1: Analysing intangibles under Subdivision 815-B

Source: The Tax Specialist Journal Article

Published Date: 1 Feb 2021

 

The analysis of intangibles under domestic transfer pricing rules and international transfer pricing guidelines continues to be a high priority area for tax jurisdictions, tax administrations and multinational enterprise (MNE) groups. These rules continue to evolve driven by the ever-increasing portion of the overall value of many MNE groups represented by intangibles and ongoing perceptions that profits are not being taxed in the jurisdiction where value is being added. This article considers the analysis of intangibles under Subdiv 815-B of the Income Tax Assessment Act 1997 and under the 2017 OECD transfer pricing guidelines. Part 1 considers the interpretation of the transfer pricing rules in Subdiv 815-B for the purposes of analysing intangibles. Part 2 will consider the analysis of intangibles under the 2017 OECD transfer pricing guidelines and include a number of case studies intended to highlight potential significant differences with Subdiv 815-B. Finally, part 3 will consider the valuing of intangibles for the purposes of Subdiv 815-B and the 2017 OECD transfer pricing guidelines (including the new concept of hard-to-value intangibles).

Sorry, this is subscriber only content.

To gain access to this material and much more - Subscribe Now.

(Note: Members can access Taxation in Australia journal articles without a Tax Knowledge Exchange subscription - please log in to access).

Already a Subscriber? Login now

Already a Subscriber? Login now

Details

The material is copyright. Apart any fair dealing for the purpose of private study, research criticism or review, as permitted under the copyright Act, no part may be reproduced by any process without written permission from The Tax Institute.

Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

The Tax Institute
(ABN 45 008 392 372 (PRV14016))

("TTI")

The Tax Institute is a Recognised Tax Agent Association (RTAA) under the Tax Agent Services Regulations 2009. 

Copyright Statement

All materials provided on this site are protected by copyright and are owned by or licensed to TTI.

Except as expressly permitted by TTI or the copyright owner, any person or company who uses this site must not use, reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, the materials or any information, software or other content, in whole or in part, which is available through this site.

Tags

Transfer pricing Miscellaneous 2021

Share this page