On 12 January 2018, the IRS Large Business and International (LB&I) division publicly released a set of five LB&I directives as guidance with respect for examinations of transfer pricing issues.
- Interim Instructions on Issuance of Mandatory Transfer Pricing Information Document Request (IDR) in LB&I Examinations: This memorandum is being issued to communicate to LB&I employees certain changes to requirements for issuing the mandatory transfer pricing IDR until Internal Revenue Manual (IRM) 4.60.8, International Procedures, International Examination and Processing Procedures, and related references are updated.
- Instructions for Examiners on Transfer Pricing Issue Examination Scope-Appropriate Application of IRC §6662(e) Penalties: This Directive provides instructions to Large Business & International (LB&I) examiners with respect to the assertion of penalties in certain transfer pricing examinations.
- Instructions for Examiners on Transfer Pricing Selection-Reasonably Anticipated Benefits in Cost Sharing Arrangements: This Directive provides instructions to Large Business & International (LB&I) examiners in the selection of transfer pricing issues for examination.
- Instructions for Examiners on Transfer Pricing Selection- Cost-Sharing Arrangement Stock Based Compensation: This Directive provides instructions to Large Business & International (LB&I) examiners in the selection of certain transfer pricing issues for examination.
- Instructions for LB&I on Transfer Pricing Selection and Scope of Analysis – Best Method Selection: This Directive applies to examinations of LB&I taxpayers (i.e., assets equal to or greater than $10,000,000) who are required to file (including extensions) forms 5471 or 5472 with their original annual US tax return and in the Advance Pricing Agreement (APA) program.
