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).
More by Damian Preshaw
Attribution of profits to permanent establishments in Australia – Part 1: Subdivision 815-C - Journal 26 Apr 2024
Transfer pricing and intangibles - part 3: valuing intangibles for the purposes of Subdivision 815-B and the 2017 OECD Transfer pricing guidelines - Journal 01 Jun 2022
Transfer pricing and intangibles - part 2: analysing intangibles under the 2017 OECD Transfer pricing guidelines - Journal 01 Apr 2021
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Form and substance in Australia's transfer pricing rules - Journal 01 Oct 2018
Correct characterisation and reconstruction under 815B and Part IVA - Presentation 08 Aug 2018
Correct characterisation and reconstruction under Subdivision 815-B and Part IVA - Paper 08 Aug 2018
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Transfer pricing and the Chevron case - Presentation 02 Mar 2016
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