Source: The Tax Specialist Journal Article
Published Date: 1 Oct 2018
In the absence of a specific legislative direction or guidance from the courts, there is much uncertainty with respect to the meaning of the words form and substance in Australia's transfer pricing rules, as well as how the first and second exceptions in s 815-130 of the Income Tax Assessment Act 1997 (Cth) apply. As such, care and careful consideration are needed with respect to supporting transfer pricing positions. This article examines the meaning of the words form and substance, what is an inconsistency between form and substance, and the effect of disregarding some or all of the form of the commercial or financial relations. This article also examines if the inclusion of the word substance in s 815-130(3)(c) affects the meaning of the word substance in s 815-130(1)(b) and (2) and vice versa, and analyses form and substance against the OECD transfer pricing guidelines.
Transfer pricing and intangibles - part 3: valuing intangibles for the purposes of Subdivision 815-B and the 2017 OECD Transfer pricing guidelines - Journal 01 Jun 2022
Transfer pricing and intangibles - part 2: analysing intangibles under the 2017 OECD Transfer pricing guidelines - Journal 01 Apr 2021
Transfer pricing and intangibles - part 1: Analysing intangibles under Subdivision 815-B - Journal 01 Feb 2021
Transfer pricing v the diverted profits tax - Too much overlap to be safe! - Paper 11 Oct 2018
Correct characterisation and reconstruction under 815B and Part IVA - Presentation 08 Aug 2018
Correct characterisation and reconstruction under Subdivision 815-B and Part IVA - Paper 08 Aug 2018
Practical issues associated with cross-border related party financing arrangements - Presentation 17 Apr 2018
Transfer pricing and the Chevron case - Presentation 02 Mar 2016
Transfer pricing and the Chevron case - Paper 02 Mar 2016
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