David Lewis Talks About Australia Tax Alert on Non-Arm’s Length Arrangements Involving Intangible Assets

David Lewis, Managing Director and Duff & Phelps Australian Transfer Pricing practice leader, published an article in MNE Tax discussing the Australian Taxation Office (ATO)’s recent taxpayer alert that addresses non-arm’s length arrangements involving intangible assets.

On January 22, 2020, the ATO released Tax Alert 2020/1 outlining their concerns with international arrangements that mischaracterize Australian activities connected with the development, enhancement, maintenance, protection and exploitation (DEMPE) of intangible assets. In particular, the ATO is concerned that some arrangements may not be arm’s length resulting in inappropriate outcomes for Australian tax purposes.

While the ATO’s taxpayer alert raises issues involving capital gains tax and Australia’s general tax anti-avoidance provisions, David’s comments are limited to transfer pricing:

• Australia’s reconstruction provision
• Bifurcation of intangible assets and mischaracterization of Australian DEMPE activities
• Non-recognition of Australian DEMPE activities

The full article is available on the MNE Tax website.