Simplifying Australia’s Transfer Pricing Rules for Business Reconstructing Tax authorities around the globe have become more aggressive in the transfer pricing arena. It is important to be informed regarding the introduction of stricter penalties, increased information exchange, increased audit and inspection activity to ensure that expensive penalties can be avoided later. The Australian Taxation Office (ATO) has states there will be a significant increase in the spotlight on transfer pricing over the next four years starting with 2010 in the large taxpayer market (revenue greater than A$250 million). There have been new rules on transfer pricing that has been set by the ATO for business restructuring by multinational enterprises. The ruling defines ‘business restructuring’ as arrangements of multinational enterprises by which functions, assets and /or risks of a business are transferred between jurisdictions. The rules addressed both simple and complex cases including: * A simple transfer of ownership of an intangible asset, * A multi-faceted product supply chain restructure, etc. The ATO requires a documented business case for the restructure explaining its commercial rationale, both from a group perspective and also showing how it affects the Australian entity and to ensure its benefits. Proper documentation evidencing the arrival of an arm’s length price for the restructure and post-restructure arrangements must also be maintained. The ruling focuses on three main types of dealings: * a transfer of property * a supply of benefit and * Whether a tax payer, viewed as an independent party, would have a right to compensation for termination of its existing arrangements Permanent Establishment issues arising from business restructuring are however not addressed in this ruling. It only applies to the application of the transfer pricing provisions and does not address the application of other provisions in the Australian tax law that may be relevant in the facts and circumstances of a particular business restructuring arrangement. The rules permit adjustment to a taxpayer’s profits where the conditions of the taxpayer’s commercial or financial relations with an associated enterprise in respect of a business restructuring differ from those which would be made between independent enterprises dealing wholly independently with each other and results in profits not accruing to the taxpayer that would otherwise have accrued. This Ruling considers situations where such transfers occur between MNE members to implement changes in the MNE’s existing business arrangements or operations. Business restructurings also commonly involve the transfer of the ownership and management of intangibles such as patents, trademarks and brand names. When doing business overseas, it is advantageous to have a trusted service provider who can provide unlimited assistance in aligning your
tax profile and keep you updated with changing transfer pricing regulations and other areas of significance like sas compliance or international financial reporting and other legalities. Know more: International expansion, International accounting
Published on Jul 6, 2011
Tax authorities around the globe have become more aggressive in the transfer pricing arena. It is important to be informed regarding the int...