Zambia: Supreme Court makes a decision on a transfer pricing case

May 31, 2020

On 20 May 2020, the Supreme Court of Zambia has made a decision on a transfer pricing case relating to arm’s length transaction. Since 2009, the Zambia Revenue Authority (ZRA) has been battling with Mopani Copper Mines and its Swiss parent

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US: Tax court ruled in favor of the IRS for Whirlpool vs Commissioner case

May 13, 2020

On 5 May 2020, the US tax court made a decision in favor of the IRS a case involving the Whirlpool Financial Corp. and related foreign affiliate corporations. The Court upheld the Internal Revenue Service's (IRS) application of the Subpart F

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Nigeria: Tax Appeal Tribunal makes a decision on a transfer pricing case

February 28, 2020

On 19 February 2020, the Tax Appeal Tribunal made a decision regarding a transfer pricing case, entitled “Prime Plastichem Nigeria Limited v Federal Inland Revenue Service (FIRS), in favour of the FIRS on all the issues raised for determination

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Poland: Administrative Court allows expenditure on intra-group services

February 19, 2020

On 6 February 2020, Polish Administrative Court (the “Court”) issued its decision on a transfer pricing case regarding Poland vs Shared Service Center. A shared service center (SSC) in Poland both provided intra-group services to the group

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High Court rules that the Danish loss-making company could not deduct royalties paid to its Swiss parent

December 05, 2019

On 28 October 2019, the Eastern High Court of Denmark published a case (Denmark vs Adecco; Case No SKM2019.537.OLR of 4 July 2019) decision and agreed with the tax authority that a Danish loss-making company could not deduct royalties paid to its

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Portugal: Administrative Court issued a decision on Transfer Pricing case

November 15, 2019

On 10 October 2019, in the case of : n.º 511/2018-T, the Administrative Court issued a decision on the sale of raw materials and goods by a company to related parties. In particular, concerning an undervalued controlled transaction tested using

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Germany: Federal Tax Court changes perspective on domestic TP adjustments in tax treaty cases

October 26, 2019

On 27 February 2019, three recently published decisions (IR 51/17, IR / 73/16, and IR 81/17) provided that the German Federal Tax Court (BFH) had changed its opinion on the application of transfer pricing (TP) rules in relation to transfer

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Argentina: AFIP announces draft transfer pricing guidance for public comments

October 08, 2019

On 2 October 2019, tax authority of Argentina (AFIP) announced a public consultation and posted on the AFIP website a draft resolution concerning transfer pricing compliance procedures. It would replace the existing transfer pricing rules in

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Luxembourg: EU General Court upholds EC Commission’s decision in Fiat case

September 30, 2019

On 24 September 2019, the EU General Court upheld the Commission’s decision that Fiat received unlawful State aid from Luxembourg, and at the same time cancelled the decision which had found the same with respect to Starbucks in the

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US: Court of Appeals approves Tax Court’s decision in Transfer Pricing case

August 30, 2019

On 16 August 2019, the U.S. Court of Appeals for the Ninth Circuit in the case of: Amazon.com, Inc. v. Commissioner, 148 T.C. 108 (2017) issued a decision in favor of Amazon concerning the regulatory definition of intangible assets and the

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Denmark: Tax Agency allows for the opportunity to re-open certain transfer pricing cases

August 21, 2019

On 12 July 2019 the Danish Tax Agency issued a new decree (SKM2019.374.SKTtST) regarding transfer pricing documentation in response to the Supreme Court’s decision in the Microsoft case. The decree allows some taxpayers to reopen Denmark transfer

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US: IRS withdraws “Altera Memo” directive on cost-sharing arrangements

August 21, 2019

On 5 August 2019, the U.S. IRS published a memorandum dated 31 July 2019 on the formal withdraw of Directive LB&I-04-0118-005. Directive LB&I-04-0118-005 was issued on 12 January 2018 and provided instructions for examiners on transfer

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Denmark publishes a notice regarding transfer pricing documentation

July 22, 2019

On 12 July 2019, the Danish Tax Authority has published a notice (SKM2019.374.SKTST) which establishes a new practice for the importance of whether a transfer pricing documentation in its entirety is available at the time of tax return. The

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Zambia: Tax Appeals Tribunals decision on arm’s length arrangements between related parties

April 10, 2019

Recently, the Tax Appeals Tribunal (TAT) issued a decision for the Zambia Revenue Authority (“ZRA”) in the case of: Nestlé Zambia Trading Limited v. Zambia Revenue Authority TAT 03, regarding transfer prices used with respect to its

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India: ITAT ruled that the income which is deemed to accrue or arise in India must have a territorial nexus

March 24, 2019

Recently, the Mumbai Bench of the Income-tax Appellate Tribunal (ITAT) in the case of: Fox International Channel Asia Pacific Ltd v. DCIT (ITA No.1947/Mum/2015) regarding the taxability of agency commission relating to the services rendered outside

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India: ITAT decision on criteria for selecting transfer pricing comparable companies

March 18, 2019

The Kolkata Bench of the Income Tax Appellate Tribunal (ITAT) in the case of: Philips Medical Systems (P.) Ltd. v. ITO, held that an entity engaged in both manufacturing and trading activities cannot be a comparable company for benchmarking the

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Denmark: Supreme Court rules against Ministry of Taxation in landmark Transfer Pricing case

January 31, 2019

On 31 January 2019, Denmark's Supreme Court issued its decision on a transfer pricing case regarding Microsoft Denmark ApS (Microsoft Denmark) which is a Danish subsidiary of the United States (US) software company Microsoft Corporation.  In its

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Denmark: Court imposes fines for not providing timely submission of TP documents

November 28, 2018

On 19 November 2018, the Danish tax authority published an overview of a decision by the Copenhagen Court on whether a company acted in a grossly negligent act for failing to submit the timely submission of transfer pricing (TP) documents and should

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