TRUST
PRACTICAL
- Apple+Ireland vs. Brussels: the iCase of transfer pricing seen through 13 +1 recitals 2020.07.22
- TPS turns 11! Thank you for your trust 2020.03.06
- The very first DAC6-Partner workshop: interactive and instructive! 2020.02.05
- Melting Greenland and the obscure side of the Trump vs. Denmark scandal. A tax perspective! 2019.08.23
- Knowns and unknowns about the nearing transposition of DAC6 (the ”over transparency of intermediaries”) Directive 2019.08.06
- The fiscal battle vowed to be won by Mrs. Ursula von der Leyen, the new EU top executive (with no fanaticism hopefully)! 2019.07.16
- TPSkit (II) - PREXIT 2019.06.06
SOLUTIONS
YOUR QUESTION HAS AN ANSWER FROM TPS
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Submission of an incomplete transfer pricing documentation file (e.g. without a benchmarking study) entitles tax authorities to proceed to their own assessment of taxpayer’s transfer prices. Such transfer pricing assessment procedure may result in significant adjustments of the transfer prices applied in related party transactions. Therefore, related parties are advised to prepare their own benchmarking studies and avoid facing tax authorities applying their own assessment procedure in disregard of the particularities of the taxpayer.
Moreover, not preparing a benchmarking study when entering into a new type of intra-group transaction where you need to set up the transfer price could backfire in the future. For example, for a transaction consisting in provision of investment portfolio management (a high value added activity) setting the transfer price as cost plus 5% mark-up just because the 5% mark-up is commonly used within multinational companies would trigger transfer pricing adjustments during a future transfer pricing inspection. Why? Because when the tax authorities will check the profitability in this segment of industry under their own benchmarking studies will probably find out that 5% is not enough. Instead, if the taxpayer had prepared this study before setting its transfer price, it would have avoided the adjustment.

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