India: Taxpayer’s use of the Resale Price Method for distribution activities Supported by the court

November 27, 2014

In the case of : CIT v. L’Oreal India Pvt. Ltd. (ITA No. 1046 of 2012 (7 November 2014), The Bombay High Court confirmed a tribunal decision that, the taxpayer’s use of the Resale Price Method (RPM) for purposes of determining the arm’s

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Czech Republic: Burden of proof regarding investment incentives and transfer prices

November 17, 2014

The Supreme Administrative Court of the Czech Republic has issued a decision in a case regarding a company that took tax relief on the basis of some investment incentives and was needed to establish arm’s length prices due to its transaction with

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Canada: A case regarding transfer pricing adjustments

September 02, 2014

In subsection 247(2) of the Income Tax Act, the transfer pricing adjustment rules apply if transactions undertaken by non-arm's length parties do not reflect arm's length terms and conditions. In “McKesson Canada Corporation v. The Queen”, Tax

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Canada:The Court of Appeal’s decision regarding penalties in transfer pricing case

July 16, 2014

The decision regarding the case of The Minister of National Revenue v. Sifto Canada Corp has given by the Federal Court of Appeal on May 28, 2014. The tax authorities were appealing a decision of the Federal Court, upholding a decision of

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Canada: Decision in Marzen Aluminum transfer pricing case has released

June 20, 2014

The Tax Court of Canada has published its judgment in Marzen Artistic Aluminum Ltd. v The Queen (2014 TCC 194) on 10 June 2014 regarding a case of transfer pricing adjustment made by the Canada Revenue Agency (CRA) in respect of fees paid by

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India: Mumbai Tribunal settles charge of penalty in case of a transfer pricing adjustment

June 10, 2014

Recently in the case of Deloitte Consulting India Pvt Ltd (Taxpayer) regarding levy of penalty in the case of a transfer pricing (TP) adjustment. Here is the summary of the case and decision: The Taxpayer, an Indian company, had entered into a

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India: Income-tax Appellate Tribunal found that no adjustment given taxpayer’s minimal risks, limited functions 

June 03, 2014

Recently, in the case of Marubeni Corp., Japan (ITA No: 5397/Del/2012) The Delhi Bench of the Income-tax Appellate Tribunal held that, a transfer pricing adjustment with respect to a taxpayer performing what were found to be low-end mediation

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India: Hyderabad Tribunal rules on transfer pricing aspects of corporate guarantee

April 20, 2014

The Hyderabad Income Tax Appellate Tribunal (ITAT) has issued a ruling that concerns certain transfer pricing issues from a corporate guarantee issued to a bank by associated enterprises of a borrower. The case is Four Soft Pvt Lrd. The case

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US: Bankruptcy Court rejects IRS transfer pricing adjustment

April 16, 2014

The US Bankruptcy Court for the Middle District of North Carolina (Greensboro Division) has rejected an IRS transfer pricing adjustment because the taxpayer would incorrectly considered to be an independent distributor Re: Case No. 09-10846C-11G, 18

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European law used in Turkish transfer pricing case

March 30, 2014

Turkey has taken a step towards improving the rights of taxpayers by implementing a decision of the European Court of Human Rights (ECHR) in a transfer pricing ruling. The transfer pricing case involved allegations by the tax administration that a

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Italy dealing with transfer pricing legislation domestically

February 17, 2014

According to a verdict of the Italian Supreme Court in July 2013, internal transfer prices must follow the arm’s-length principle. Italy has been adopting international transfer pricing rules similar to those in the rest of Europe. The Supreme

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France – Arm’s length indemnification for unfair termination of contracts

December 10, 2013

In two court cases of France it was reported on 9 January 2013 that a failure to provide the required notice period with respect to a group restructuring may provide a cause of action for an award of compensation for unfair termination of a

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Documentation Considered in Malaysia’s First Transfer Pricing Case

July 03, 2013

The Special Commissioners of Income Tax in Malaysia delivered a landmark decision on February 2013 in the favour of the taxpayer in the first transfer pricing litigation in Malaysia. The case concerned assessments on a shipping and logistics

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India: Tax Court rules on selection of comparables

April 17, 2013

In determining transfer prices between a taxpayer and related parties one of the permitted methods is the transactional net margin method (TNMM). This compares profit margins to an appropriate base such as sales, assets or costs realized from a

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Portuguese Court’s decision in transfer pricing dispute relating to inter-company loan and management fees

February 27, 2013

The arbitration administrative court in Portugal recently ruled in favour of the taxpayer in a dispute with the Portuguese Tax Authorities (TA) in respect to the application of the arm’s length principle to inter-company loan and management fee

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Authorities’ use of net-back approach in transfer pricing case has been overruled by the Russian Court

July 15, 2011

The Federal Arbitration Court of the Moscow Region rejected the Russian Tax Authorities’ attempt to adjust a taxpayer’s transfer pricing by applying the net-back approach. The net-back method are applied to oil production and operates by taking

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