Become a Member
Membership
Education
Events
Resources
Tax Knowledge Exchange
About us
Contact us
  International tax & business Transfer pricing 2008

A comparitive analysis of the legislative framework for the transfer pricing of intangible assets in Australia and the United States

Source: Australian Tax Forum Journal Article

Published Date: 1 Dec 2008

 
This article provides an in-depth comparative analysis of the Australian and American transfer pricing regimes in respect to transfers of intangible assets. In Australia, there has been considerable debate amongst transfer pricing practitioners as to whether Div 13, Part III of the Income Tax Assessment Act 1936 is compatible with achieving arm’s length outcomes for intangible assets, particularly in view of the recent decision of the Administrative Appeals Tribunal in Roche Products Pty Limited v Commissioner of Taxation. Implicit to these questions is the role of Australia’s tax treaty network, specifically the relationship between Div 13 and Article 9 of the OECD Model Convention which the ATO has increasingly relied on for the transfers of intangibles. The United States has enacted specific rules for the transfer pricing of intangible assets. This has allowed the Internal Revenue Service (IRS) to make aggressive assessments against Multi-National Enterprises (MNEs) which, in turn, has resulted in a plethora of transfer pricing litigation. On the other hand, the United States has achieved greater certainty in the relationship between its domestic legislation and tax treaties, and its experiences may offer some guidance to Australian tax administrators.
Author(s)

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

Subscribe Now

Already a Subscriber? Login now

Download

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

International tax & business Transfer pricing 2008

Share this page