Source: The Tax Specialist Journal Article
Published Date: 1 Apr 2021
Subdivision 815-B of the Income Tax Assessment Act 1997 (Cth) (Subdiv 815-B) was drafted with the intention of being aligned with the international standard, the arm's length principle, as set out in the 2010 OECD Transfer pricing guidelines for multinational enterprises and tax administrations (2010 OECD Transfer pricing guidelines). Notwithstanding this, the 2017 OECD Transfer pricing guidelines significantly modified the 2010 OECD Transfer pricing guidelines, particularly in relation to the analysis of intangibles. These modifications were made following the issue of the report Aligning transfer pricing outcomes with value creation, actions 8-10 " 2015 final reports, OECD/G20 Base Erosion and Profit Shifting Project. Part 2 of this article considers the analysis of intangibles under the 2017 OECD Transfer pricing guidelines with the aim of identifying potentially significant differences with respect to the analysis of intangibles under the 2017 OECD Transfer pricing guidelines compared with Subdiv 815-B (discussed in a general sense in part 1). A number of case studies are included based on examples
contained in chapter I and in the Annex to chapter VI of the 2017 OECD Transfer pricing guidelines to facilitate that purpose.
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 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
Form and substance in Australia's transfer pricing rules - Journal 01 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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