13 Nov 14 Transfer pricing - the application of s 815-130 - TR 2014/6
On 12 November 2014, the ATO issued Taxation Ruling TR 2014/6 entitled "Income tax: transfer pricing - the application of section 815-130 of the Income Tax Assessment Act 1997".
It was previously issued as TR 2014/D3.
The Ruling provides the Commissioner's views about the application of s 815-130 of ITAA 1997, which specifies the relevance of the actual commercial or financial relations to the identification of the arm's length conditions. The identification of these conditions is relevant to ascertaining whether an entity gets a transfer pricing benefit from the actual conditions which operate between the entity and another entity in connection with their cross-border dealings.
In doing so, the Ruling discusses the meaning of the terms used in s 815-130 and its interaction with certain other parts of Subdiv 815-B, including the relevance of certain Organisation for Economic Cooperation and Development (OECD) guidance material for the purposes of determining the effect this subdivision has in relation to an entity.