Shiv Mahalingham Published in Tax Journal Autumn 2016 Transfer Pricing Briefing

Shiv Mahalingham, Managing Director in Duff & Phelps European Transfer Pricing practice, provides a summary of key changes to international transfer pricing guidance, regulations and case law that have occurred in the past few months. The major changes relate to judgments in different corners of the world, all reaffirming the importance of the economic reality underpinning transactions when assessing international transfer pricing structures.

An Indian High Court ruling confirms the importance of the underlying economic fact base when considering the arm’s length principle. The EC’s final decision on fiscal state aid concerning Apple shows it has moved away from transfer pricing and related party considerations, and towards structural and anti-avoidance considerations, based on the economic reality underlying the transaction. Russia has outlined proposed regulations for country by country reporting and documentation requirements that will take effect from next year. A ruling in Canada illustrates the importance of documenting the rationale for particular corporate structures (including the intended and actual interaction between affiliates). And the IRS releases the final section 385 regulations on the treatment of debt.

Read the quarterly transfer pricing briefing