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Transfer Pricing and the Arm's Length Principle After BEPS [Kõva köide]

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, (Centre for Business Taxation, Oxford)
  • Formaat: Hardback, 326 pages, kõrgus x laius x paksus: 253x178x23 mm, kaal: 742 g
  • Ilmumisaeg: 17-Aug-2017
  • Kirjastus: Oxford University Press
  • ISBN-10: 0198802919
  • ISBN-13: 9780198802914
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Transfer Pricing and the Arm's Length Principle After BEPSSuurem pilt
  • Formaat: Hardback, 326 pages, kõrgus x laius x paksus: 253x178x23 mm, kaal: 742 g
  • Ilmumisaeg: 17-Aug-2017
  • Kirjastus: Oxford University Press
  • ISBN-10: 0198802919
  • ISBN-13: 9780198802914
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Püsilink: https://www.kriso.ee/db/9780198802914.html
Märksõnad:
This is the first book to present a sustained analysis and critique of arm's length based transfer pricing rules following the G20 / OECD Base Erosion and Profit Shifting (BEPS) project. The book considers the nature and scope of transfer pricing rules based on the arm's length principle starting with an explanation of how the rules were created and how they evolved over time. It provides how internationally accepted transfer pricing rules were applied immediately prior to the BEPS project, and describes the principal problems that had arisen with those rules.

The issues highlighted include problems relating to the complexity of the rules, the use and availability of comparables, and, in particular, problems permitting avoidance and income shifting, including problems related to low tax entities with 'excessive capital'. Having described the pre-BEPS rules and inherent problems, the book goes on to examine the extent to which the work undertaken by the BEPs project provides a solid foundation for future transfer pricing determinations and the problems that remain after BEPS. It identifies those issues on which the BEPS output has been positive, and also those issues which BEPS has not successfully addressed and which remain problematic.

This book is the most detailed and up-to-date publication on this highly topical and often controversial topic.

Arvustused

this book is one of the best pieces on the comprehensive analysis of transfer pricing ever published. ... it is important to highlight that every relevant matter in the field of transfer pricing is commented by the authors not from a mere descriptive standpoint, but always adopting a critical eye that will satisfy even the most rigorous and demanding experts on these matters. For all the aforementioned reasons, the book 'Transfer Pricing and the Arms length Principle after BEPS', by Joseph Andrus and Richard Collier is certainly a must have both in the transfer pricing field, and more generally, in the field of international taxation. * Aitor Navarro, Intertax *

Table of Legislation
xiii
Introduction
A The ALP
5(4)
B Evaluating the ALP
9(4)
C The Structure of the Book
13
1 The Emergence of the ALP
A Introduction
1(6)
B Developing the Founding Principles of International Taxation
7(14)
1 The Increase of International Trading Volumes
9(2)
2 Sharp Rise in Tax Rates and the Cost of Double Taxation
11(2)
3 The Rise and Engagement of International Organizations
13(5)
4 ICC Concerns on Double Taxation
18(3)
C Early Work of the ICC on Income Allocation
21(5)
D Revised ICC Proposals of 1924 on Double Taxation
26(4)
E The First Involvement of the League of Nations
30(30)
1 The 1923 Report of the Four Economists
30(7)
2 The 1925 Technical Experts Report
37(6)
3 The 1927 Report of the Expanded Committee of Technical Experts on Double Taxation and Tax Evasion
43(11)
4 The 1928 General Meeting of Government Experts on Double Taxation and Tax Evasion
54(6)
F Early Work of the League of Nations Fiscal Committee 1929--33
60(8)
G Detailed Work on the Allocation of Profits, 1930--3
68(25)
1 Introduction
68(6)
2 First Principles
74(2)
3 Conclusions on Subsidiaries
76(7)
4 Conclusions on Branches
83(2)
5 Sector Analysis---Business Income
85(4)
6 Significance of the 1930--3 Work
89(4)
H The 1933 Draft Model Convention on the Allocation of Profits
93(17)
1 Branches
95(8)
2 Companies
103(7)
I The London and Mexico Model Tax Treaties
110(7)
J The ALP Emergent
117
2 The Development of the ALP
A Introduction
1(5)
B Establishing the Primacy of the ALP
6(23)
1 Judicial Confirmation of the ALP as the Exclusive Income Allocation Standard
7(3)
2 Cases on the Treatment of Capital
10(3)
3 OECD 1963 Draft Model Treaty
13(8)
4 The 1968 US Regulations
21(8)
C Elaborating the ALP
29(30)
1 OECD 1977 Model Treaty
30(5)
2 The 1979 OECD Report on Transfer Pricing and Multinational Enterprises
35(10)
3 The 1979 Publication of the United Nations Model Double Treaty
45(5)
4 The 1984 OECD Report on Three Transfer Pricing Issues
50(4)
5 The 1987 OECD Report on Thin Capitalization
54(5)
D Confronting the Problems of the ALP
59(38)
1 US Judicial and Legislative Developments Related to Economic Analysis and Intangibles
60(9)
2 The Commensurate with Income Standard and Developments Leading to the 1994 US Regulations
69(13)
3 The 1995 Transfer Pricing Guidelines
82(15)
E Proliferation of Transfer Pricing Regimes
97(34)
1 Country Developments
97(3)
2 OECD Overhaul of Income Attribution to PEs
100(17)
3 The UN Practical Manual on Transfer Pricing for Developing Countries
117(4)
4 The 2010 Update of the OECD Guidelines and the Addition of a Business Restructuring Paper
121(10)
F The ALP Immediately Prior to BEPS
131
3 Practical Application of the Arm's Length Principle
A Applying the Arm's Length Principle
6(4)
B Transactional Approach
10(10)
C Comparability
20(6)
D Functional Analysis
26(7)
E Transfer Pricing Methods
33(9)
F Intangibles and Cost Contribution Arrangements
42(7)
G Services
49(7)
H Transfer Pricing Documentation
56(4)
I Attributing Profits to Permanent Establishments
60(13)
J Dispute Resolution
73
4 Practical and Theoretical Problems Encountered in Applying the Arm's Length Principle
A Conceptual Problems Encountered in Applying Transfer Pricing Rules Based on the Arm's Length Principle
6(29)
1 Corporate Synergies
7(8)
2 Allocating and Rewarding Risk in an MNE Group
15(9)
3 Rewarding Contributions to Intangible Value
24(10)
4 Capital
34(1)
B Important Practical Difficulties Encountered in Applying ALP-Based Transfer Pricing Rules
35(42)
1 Access to Taxpayer Information
36(9)
2 Availability of Information on Comparable Transactions and Comparable Business Operations
45(18)
3 The Complexity of Applying the Arm's length Principle
63(6)
4 Discretion, Corruption, and Publicity
69(8)
C Purpose and Scope of ALP-Based Transfer Pricing Rules
77(1)
1 Treaty Interpretation Issues: The Purpose and Scope of ALP-Based Transfer Pricing Rules
78(3)
2 Issues Related to the Scope of Article 9
81
5 Capital
A Introduction
1(4)
B The Nature of the Capital Issues under Consideration
5(14)
1 Gifted Capital
6(7)
2 Level and Mix of Capital
13(3)
3 The Return to Capital
16(3)
C Transfer Pricing Treatment of Capital Issues Prior to BEPS
19(7)
D Relevance of the ALP to Capital Transfers
26(67)
1 The Transfer of Capital---'Gifted' Capital
29(37)
2 Level and Mix of Capital
66(14)
3 The Return to Capital
80(13)
E Treatment of Capital under Article 7
93(9)
1 Gifted Capital---Cash Transfers in Respect of the Issue of Shares
94(1)
2 Gifted Capital---Asset Transfer in Respect of the Issue of Shares
95(1)
3 The Level of Capital
96(2)
4 The Mix of Capital
98(1)
5 Returns to Capital
99(1)
6 Summary
100(2)
F Capital Issues in the Run-up to BEPS
102
6 BEPS Modifications to Transfer Pricing Rules
A The BEPS Action Plan
2(7)
B The Real Deal---Delineating and Disregarding Transactions
9(13)
C Risk
22(15)
D Excessive Capital/Returns to Capital
37(16)
E Intangibles
53(25)
1 Definitions
56(5)
2 Corporate Synergies
61(2)
3 Ownership and Entitlement to Profits Attributable to Intangibles
63(3)
4 Valuation of Intangibles
66(3)
5 Hard-to-Value Intangibles
69(5)
6 Cost Contribution Arrangements
74(4)
F Profit Splits, Global Value Chains, and Financial Transactions
78(1)
G Transparency, Documentation, and Country-by-Country Reporting
79(8)
H Other BEPS Work with Transfer Pricing Consequences
87(13)
1 PE Issues
88(6)
2 Interest Deductions---The Fixed Ratio Approach
94(6)
I Transfer Pricing Problems Not Addressed in the BEPS Reports
100
7 Evaluation of BEPS Transfer Pricing Measures
A Alignment of Income and Value Creation
3(67)
1 Risk and Control of Risk
9(13)
2 Undercapitalization, Overcapitalization, and the Rewards to Funding Entities
22(21)
3 Recognition, Delineation, and Disregard of Taxpayer Transactions
43(5)
4 Ownership of Intangibles, Cost Contribution Agreements, and the Required Reward for Important Intangible-Related Functions
48(22)
B Complexity: The Cost of the Cure
70(8)
C Addressing the Lack of Reliable Comparables
78(12)
D Permanent Establishments, Interest Expense, and Transfer Pricing
90(10)
1 PE Rules---Lowering of the Threshold
91(4)
2 Interest Deductions---The Fixed Ratio Approach
95(5)
E Administrative Matters
100(9)
1 Reporting and Transparency
101(5)
2 Resolving Transfer Pricing Disputes
106(3)
F Unaddressed Issues
109
8 Prospects for the ALP after BEPS
A Assessment of the ALP after BEPS
1(24)
1 Recap of the Key Conclusions of
Chapters 1--7
2(1)
2 General Summary of the Successes and Shortcomings of BEPS Transfer Pricing Work
3(5)
3 The Viability of the ALP after BEPS
8(6)
4 Continuing Problems for a Transfer Pricing System Based on the ALP
14(11)
B General Options for the Future
25(6)
C Potential Simplifying Enhancements of the Existing ALP Framework
31(17)
1 Introduction
31(2)
2 Modification Options
33(15)
D More Fundamental Changes to the Operation of the ALP
48(28)
1 Introduction
48(3)
2 Approach to Avoidance under the ALP
51(5)
3 Capital
56(9)
4 Risk
65(6)
5 Funding
71(3)
6 IP
74(2)
E Non-ALP Alternatives
76(35)
1 Nature of Non-ALP-Centric Reforms
76(1)
2 Possible Changes to Non-Transfer Pricing Rules
77(3)
3 Replacement of the ALP
80(18)
4 Fundamental Systemic Change
98(10)
5 Conclusion
108(3)
F The Future
111(186)
Index 297
Richard Collier is an Associate Fellow at the Centre for Business Taxation in Oxford and is heavily involved in tax policy work. Previously he was a senior tax partner at PwC, specializing in financial sector tax and transfer pricing and permanent establishment issues. Richard is also a qualified barrister and chartered accountant and holds a Ph.D. in law.





Joseph L Andrus was the Head of the Transfer Pricing Unit at the OECD until his retirement in 2014. He was responsible for directing all of the OECD work in transfer pricing including the transfer pricing portions of the OECD project on corporate Base Erosion and Profit Shifting. He is also a member of the United Nations Subcommittee on Transfer Pricing. Prior to joining the OECD, Joseph had 35 years of experience as an advisor on transfer pricing matters. He was a transfer pricing partner at PwC and at Baker & McKenzie, and served in the mid-1980s as Deputy International Tax Counsel at the US Treasury Department He is an attorney and holds a J.D. degree from the University of Chicago Law School.