Source: Australian Tax Forum Journal Article
Published Date: 1 Jul 2018
This article investigates the complex group structures and intangible/intellectual property risk allocation techniques and arrangements used by multinational enterprises (MNEs) to adjust or defer their tax liability. Multinational enterprises' tax planning in relation to cross-border transactions and risk allocation practices have been evaluated in light of the Organisation for Economic Co-operation and Development (OECD)'s recent development and implementation of the base erosion and profit shifting (BEPS) 15-point action plan (BEPS action plan). Specifically, actions 8-10 which focus on aligning transfer pricing outcomes with value creation.
To determine how MNEs follow commercial principles to adjust tax liability through intangible asset grouping structures and risk allocation techniques, recent European Commission investigations relating to Starbucks, Amazon and McDonald's were analysed.
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