Dissertations / Theses: 'Taxation system of transfer pricing'

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Nakayama, Kiyoshi. "Transfer pricing taxation : Canadian perspective and Japanese perspective." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/26143.

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For the last decades, transfer pricing has been one of the most important issues for both tax authorities and multinational corporations. On the one hand, tax authorities, despite their counter-measures, have not been able to cope with international tax avoidance or evasion using transfer pricing by multinational corporations owing to the deficiency of tax systems and the inability of tax administrations and this has resulted in a huge revenue loss to the coffers of their countries. On the other hand, while multinational corporations have been using transfer pricing as vehicles to maximize their overall after-tax profits as a group, they have been suffering intolerable administrative burdens and double taxation caused by enforcement of counter-measures by tax authorities. The basic principle for transfer pricing taxation legislation is the "arm's length principle", that transactions between parties that are not dealing at arm's length should be carried out for tax purposes under terms and at a price that one could reasonably have expected in similar circumstance had the parties been dealing at arm's length. This principle has been endorsed by the OECD, Canada, the U.S. and other developed countries, however, common specific guidelines under this principle have not been established among tax authorities and even multinational corporations themselves cannot always find an arm's length price acceptable to tax authorities. Since the OECD Committee on Fiscal Affairs issued the report "Transfer Pricing and Multinational Enterprises" in 1979, tax authorities, multinational corporations and tax practitioners have been making strenuous efforts to find a reasonable and practical transfer pricing taxation system and to coordinate its enforcement, all of which enables tax authorities to recover or keep their fair share of revenue and protect multinational corporations from double taxation. At present, the situation already shows some improvements due to efforts for the harmonization of guidelines among tax authorities, and due to multinational corporations' application of transfer pricing policy in a more self-restricted manner, and more appropriate advice from tax practitioners. However, there is still room for possible improvements. In Canada, there have been no guidelines other than the Income Tax Act which provides general principles of transfer pricing taxation, and actual enforcement has been based on the internal assessing guideline of Revenue Canada. But, on February 27, 1987 Revenue Canada issued Information Circular 87-2. Although an information circular does not carry any legal weight, it is expected that the circular will eliminate taxpayers' uncertainty and augment tax compliance. On the other hand, in Japan, despite its export-oriented economy, the Japanese tax authorities have not been keeping pace with the internationalization of economic activities. Having introduced anti-tax haven legislation in 1978, Japan in 1986 introduced transfer pricing taxation legislation. Although fairly concrete pricing methods have been written into legislation in order to permit the reasonable enforcement of the new system, there is much to be learned from the experience of the "advanced" countries. Above all, Canada's experience could be useful, as the provisions of the new Japanese transfer pricing taxation legislation are similar to those of the Canadian Income Tax Act and both countries have several similarities in terms of their relationship with the U.S. In this thesis, after reviewing the background to these problems, I will discuss the Canadian transfer pricing taxation system and its enforcement by looking at each type of intra-group transaction and the corresponding adjustment and mutual agreement procedure system. Then I will compare the Canadian approach and Japanese approach. Possible improvements will be dealt with in the conclusion. Since there has been little jurisprudence in this area, the discussions are primarily based on the tax authorities' perspectives and the OECD reports. Law, Peter A. Allard School of Graduate

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Eich, Bettina. "Tax implications of transfer pricing on supply chain management." Master's thesis, University of Cape Town, 2011. http://hdl.handle.net/11427/10487.

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Includes bibliographical references (leaves 114-120). Increased globalisation has lead to centralised risk management and decision-making in multinational enterprises, which gives rise to the principle of tax efficient supply chain management and the need to focus on the integration of tax considerations into the multinational's supply chain. In order to retain a competitive advantage in the global economy, multinational enterprises need to constantly search for cost benefits. This has created a market for tax motivated structures and the consequential action by tax authorities world-wide to regulate transfer pricing, in order to protect their respective tax bases. As revenue authorities increase their focus on transfer pricing compliance, it is vital that multinationals adhere to the arm's length principle and ensure their transfer pricing documentation can substantiate the transfer prices selected.

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Ren, Linghui, and 任凌晖. "Transfer pricing in China." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2010. http://hub.hku.hk/bib/B45157819.

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Tasarika, Euamporn. "Aspects of international taxation." Thesis, University of Exeter, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.366608.

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Wu, Ronald. "Transfer Pricing: Current Problems and Solutions." Scholarship @ Claremont, 2010. http://scholarship.claremont.edu/cmc_theses/87.

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The current problems and possible solutions surrounding United States transfer pricing regulations are discussed and studied. The schemes large multinational companies are implementing to legally evade taxes are uncovered as the financial effects to the United States Treasury and government are becoming material. The benefits for these schemes are financially advantageous for corporations as they are able to report larger profits and higher returns for investors. But this is being done at the expense of our government. Corporations are finding ways to escape the high U.S. corporate tax rate and lower their global tax liabilities by allocating income to lower tax jurisdictions. Tax havens like Ireland or Bermuda are popular to have subsidiaries which hold a corporations intangible property. Five United States Tax Court cases concerning transfer pricing are studied and the outcomes are analyzed. The current problems studied from these cases are, shipping intangible property, valuing intangible property, the arm’s length standard. The possible solutions to these currents problems are by no means easy to solve and no one revision can relieve all the problems. The arm’s length standard is the corner stone to the current problems and if the government can find a way to better enforce the standard or replace it, it will be a large step in the right direction.

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Sykes, Justin. "The Trouble With Transfer Pricing, and How to Fix It." Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/cmc_theses/963.

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Many multinational firms, notably Apple Inc., have engaged in increasingly aggressive tax planning strategies which shift billions of dollars overseas. This paper examines the problem through a case study of Apple, concluding that while many loopholes are utilized, aggressive transfer pricing of intangible assets is the root of the problem. Several solutions are examined before concluding that the best solution is a partial elimination of deferral in the form of a minimum payout share.

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Udompol, Sirikamon. "Issues in international taxation : fiscal competition, transfer pricing, and tax sparing agreements." Thesis, University of Exeter, 2008. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.518796.

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LO, Wai Yee Agnes. "International transfer pricing in a developing economy context : perspectives from the taxpayers and the tax authorities." Digital Commons @ Lingnan University, 2004. https://commons.ln.edu.hk/acct_etd/10.

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Since the 1979 economic reforms, China has been characterized by a rapid increase in international trade and an inflow of foreign direct investment. Foreign investment enterprises (FIEs) play an increasing important role in the Chinese economy and are substantially engaged in transactions with affiliates outside China. Therefore, international transfer pricing in China has become a significant issue. Empirical research on international transfer pricing has focused on multinational corporations (MNCs) operating in developed countries. However, it is difficult to generalize their findings to MNCs operating in developing countries as the business environment of developing countries is quite different from that of developed countries. Existing literature identifies that due to differences in the business environment between developed and developing countries, the tax factors which are important in developed countries should not be over-emphasized in developing countries. Some nontax factors such as foreign exchange control and restrictions on profit repatriation which may not be important in developed countries are nevertheless important in developing countries. However, empirical studies on international transfer pricing in developing countries are relatively scare. Furthermore, there have been no empirical studies that examine the relationships between management’s perception of the importance of environmental variables and management’s choice of international transfer pricing methods in developing countries, or which analyze the tax and nontax cost trade-off for tax evasion via international transfer pricing in developed or developing countries. The objective of this thesis is to provide a comprehensive empirical study on international transfer pricing in China from the perspectives of both taxpayer and the tax authority. The results of this thesis indicate that the more important the management perceives the interest of local partners and the maintenance of a good relationship with host government to be, the more likely it is that the FIE will adopt a market-based transfer pricing method. On the other hand, the more important the management perceives foreign exchange controls in transfer pricing decisions to be, the more likely it is that the FIE will choose a cost-based transfer pricing method. The research results also reveal that based on a tax and non-tax cost trade-off analysis, wholly foreign-owned enterprises, cooperative joint ventures and exportoriented FIEs are more likely to be selected for transfer pricing audits in China than equity joint ventures and domestic -market oriented enterprises. Some explanations for this result are the lack of monitoring by Chinese local partners in certain FIEs and the opportunity for transfer pricing manipulations. The results of this thesis have important policy implications for foreign investors carrying on business in China, the Chinese tax authorities as well as academic researchers. My research results should help foreign investors to have a better understanding of the tax and the nontax factors in formulating transfer pricing policies in China. The results should also help tax authorities tackle tax audit problems more effectively and in setting tax audit guidelines on related party transactions. Further, this thesis should contribute to the establishment of a more comprehensive theoretical framework of international transfer pricing in developing countries. It also empirically demonstrates the applicability of the tax and nontax cost theory in the context of international transfer pricing.

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Le, Roux Ayesha. "An analysis of the South African income tax legislation in respect of transfer pricing." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/13105.

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Transfer pricing has become a very popular term in South Africa over the last few years, even more so since July 2013 when the Base Erosion and Profit Shifting (BEPS) Action plan was issued by the Organisation for Economic Co-operation and Development (OECD) and G20 (an international forum for the governments and central bank governors from 20 major economies). The OECD and G20 has issued the plan to address the perceived flaws in international tax rules, giving rise to profit shifting. Subsequently, the OECD has issued numerous reports and as a result has updated its 2010 Transfer Pricing Guidelines. Many countries have adopted these guidelines. However as South Africa is not an OECD member, there is no certainty that it will be adopted. The question is therefore: has the South African Tax legislation met the OECD guidelines and addressed the BEPS issue? Therefore, the objective of the research is to understand whether the current South African tax legislation is in line with the OECD Transfer Pricing Guidelines and BEPS Action Plan. The South African tax legislation provides South African taxpayers with no guidance as to how the OECD Transfer Pricing Guidelines needs to be implemented and interpreted. However, even though not legislation, the SARS practice note 7 and draft interpretation note on thin capitalisation provides taxpayers with a good basis of understanding the OECD Transfer Pricing Guidelines, as these documents provided by SARS is similar to that of the guidance in the OECD Transfer Pricing Guidelines, specifically relating to transfer pricing documentation. The issue that may result where the South African tax legislation is not in line with the OECD guidelines and the BEPS Action Plan is that Multinational Enterprises (MNEs) may use South Africa as the country to shift its profits to or from, thus effectively resulting in a loss to the Fiscus.

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Jovanovich, Juan Martʹin. "Customs valuation and transfer pricing : is it possible to harmonize customs and tax rules?" Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31165.

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There is an overlap between the transfer pricing concepts that apply under tax and under customs regimes. This thesis aims to demonstrate (i) that customs and tax laws often share common principles in respect of related-party transactions; (ii) that transfer pricing as agreed to under one discipline should be recognized under the other; (iii) that the OECD Transfer Pricing Guidelines constitute a body of rules that is appropriate to supplement the related party provisions of the GATT/WTO Valuation Code ("GVC"); and (iv) that such guidelines are generally in accordance with the provisions of the GVC and its general principles and objectives. This thesis also analyzes the tax and customs value of imported goods, and identifies which additions to or deductions from customs value might have to be taken into account in comparing tax and customs results. The thesis concludes with an analysis of the circumstances and conditions under which the introduction of transfer pricing compensatory adjustments to transaction value would be consistent with Article 1 of the GVC.

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Van, Wyk Lindie. "An evaluation of the Country-by-Country Reporting (CbC Template) for transfer pricing documentation purposes from a South African perspective." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/21752.

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In February 2013, the OECD published a report on its findings concerning base erosion and profit shifting ("BEPS").1 That report, in particular Action Plan 13, dealt with the re-examination of transfer pricing documentation wherein the shifting of profits to lower tax rate jurisdictions is addressed. The OECD proposed a Country-by-Country ("CbC") methodology whereby certain information is required to be disclosed within a Country-by-Country Reporting Template ("the CbC Template"). The main purpose of the CbC Template is to assist tax administrations to identify risks related to base erosion and profit shifting; also, and where applicable, data collected via the CbC Template can be used for economic and statistical analysis. The OECD is of the view that the CbC Template in assisting tax administrators to determine transfer pricing risk, will serve as a high-level risk assessment indicator for transfer pricing. Accordingly, the main aim of the CbC Template is to be a tool for tax administrators to identify and consequently ensure that the revenue of a country is not eroded unfairly. The objective of this paper is to review the CbC Template from a South African perspective and to determine the consequences for taxpayers arising from the information required to be disclosed. It follows that this paper will focus, in particular, on the challenges and consequences that exist within a South African context for a South African taxpayer conducting business in different tax jurisdictions. The paper will further analyse the CbC Template requirements in light of the legislative requirements for Transfer Pricing Documentation in South Africa.

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Lenik, Jean-Sébastien. "Prix de transfert & accords de repartition des couts (ARC)." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30314.

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This thesis examines the transfer pricing issue within the perspective of setting up a cost contribution arrangement for the international management of intangible property. To this end, the first part presents the general rules governing the transfer pricing area in Australia, Canada, France, and the United States. The provisions of these countries will serve as a guiding line of this study. The first part presents, as well, the OECD Transfer Pricing Principles. The second part examines the structural alternatives of the CCA tax vehicle. The third part addresses the CCA concept itself. The fourth part deals with the operational functioning of a CCA. The new challenges and the multiple issues raised by this new tax structure are addressed as well as the tax planning perspectives opening up through transfer pricing. Finally, the fifth part questions the new dynamics of the conflicts between tax administrations generated by the CCA vehicle.

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Muller, Elzette. "A framework for wealth transfer taxation in South Africa." Thesis, University of Pretoria, 2010. http://hdl.handle.net/2263/28572.

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The South African tax system currently provides for wealth transfer taxation by virtue of estate duty in terms of the Estate Duty Act and donations tax in terms of Part V of the Income Tax Act, which are primarily levied on the transferor. At the outset, this study investigates the conceptual justification for this type of taxation in the South African context, especially in view of the fact that some countries have recently abolished their wealth transfer taxes. It is concluded that the arguments against wealth transfer taxation are not compelling enough to justify its abolition from the South African tax system. It is also submitted that the levying of capital gains tax on the death of a wealth holder cannot act as a substitute measure to tax wealth transfers in the South African system. It is, however, explained that the levying of both taxes reflects a scenario of double taxation on a deceased estate and that the equity criterion supports the taxation of wealth transfers in the hands of the recipient. The possibility of merely including inheritances and gifts in the “gross income” of a beneficiary is explored, but is submitted that such a move would be politically and administratively unlikely. After having come to the conclusion that wealth transfer taxation is indeed justifiable for the South African tax system, two key issues are explored in the study. The first issue relates to the lack of integration that exists between the taxation of inter vivos transfers (under the donations tax regime) and the taxation of transfers on death (under the estate duty regime). After having compared the systems in the United Kingdom, the Netherlands and Ireland, it is concluded that it is conducive to equity, neutrality and tax administration that the rules relating to the jurisdictional basis, double taxation relief, tax rates and valuation rules apply (in general) equally to inter vivos transfers and transfers on death. It is evident, however, that it remains necessary to distinguish between the two types of transfers, because this creates a flexible platform to accommodate special circumstances and differences. A number of measures to improve integration under the current regimes are recommended, but it is suggested that, ideally, the Estate Duty Act and Part V of the income Tax Act should be replaced by a single integrated statute. The second issue deals with the question whether or not the well-established estate duty and donations tax regimes should be replaced by a recipient-based system, especially in view of its theoretical appeal. After having shown that a recipient-based wealth transfer tax offers more appropriate solutions to some of the problem areas common to wealth transfer taxation in general (such as the accommodation of third-party life insurance benefits, limited interests and a special regime for discretionary trusts), it is concluded that the current regimes should be replace by a recipient-based wealth transfer tax, which may even be accommodated as a separate schedule to the existing income Tax Act in much the same way as capital gains tax. Thesis (LLD)--University of Pretoria, 2010. Mercantile Law unrestricted

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Malevu, Shimane Mbuyiseni. "The possible introduction of advance pricing agreements in South Africa income tax legislation." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1333.

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This treatise analyses the suitability of the Advance Pricing Agreements (APA) for the South African Transfer Pricing legislation. The transfer pricing legislation places emphasis on the arm's length principle. Determining an arm's length price is problematic and as a result some countries have resorted to APA's to establish an arm's length price up-front, and thus avoid reviews and subsequent audits. The treatise first focuses on the transfer pricing provisions and other relevant applicable sections of the Act from the South African point of view, and it then examines the current status quo, i.e. the review processes used by the South African Revenue Services (SARS) as detailed in the Organisation of Economic Co-operation and Developments (OECD) Guidelines and the SARS Practice Note. Since negotiated tax treaties form part of the South Africa law, the impact of these treaties are discussed in Chapter 4. The treatise discusses in detail an APA from the OECD's point of view. It examines the objectives of an APA; the benefit and the shortcomings of using an APA. It then examines the APA request processes from a Canadian perspective and the administration of the APA from an USA perspective. The treatise examines South African trading partners using APA in transfer pricing matters, with reference to the effects and the challenges such countries face. The treatise concludes by looking at the benefits provided by use of an APA by South African major trading partners. The effect and the use of such APA will have in South Africa is also discussed and how it should be modelled; the present status quo with regard to personnel at SARS; and the possible impact the introduction and implementation will have in South Africa.

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Vásquez, Nieva Óscar, and Quispe José Arias. "Influence of Linkage on the Declared Price for Customs Taxation: Treatment of Transfer Pricing in Customs Valuation." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/117455.

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The Customs Value is the tax base for import taxes, defined in the Valuation Agreement of the WTO as the transaction value, the price actually paid or payable for the goods. However, the price agreed between related companies can be unacceptable, since they could be fixed to take advantage of tax environments where they are. Nonetheless, the relationship is not always a factor in determining the price, which can be tested by a Study of Transfer Pricing (for customs purposes) to develop the comparative method with respect to transactions between two unrelated companies under identical or similar conditions, contained in Andean Community Resolution 1684, providing evidence to apply the following procedures:a) Analysis of the Circumstances of the Sale, or b) Using a Criterion Value. El Valor en aduanas es la base imponible para los tributos a la importación, definido en el Acuerdo de Valoración de la OMC como el valor de transacción, es decir, el precio realmente pagado o por pagar por las mercancías. Sin embargo, el precio pactado entre empresas vinculadas podría no aceptarse, dado que podrían fijarse de manera que puedan sacar ventajas de los entornos fiscales donde se encuentran. Sin perjuicio de ello, la vinculación no siempre es un factor de determinación del precio, lo cual se puede probar mediante un Estudio de Precios de Transferencia (para efectos aduaneros) que desarrolle el procedimiento comparativo respecto de operaciones entre dos empresas no vinculadas en condiciones iguales o similares, contenido en la Resolución 1684 de la CAN, aportando pruebas que permitan aplicar los siguientes procedimientos: a) Análisis de las Circunstancias de la Venta, o b) Utilización de un Valor Criterio.

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Liang, Baozhu. "Investigation of transfer pricing models among a network firm for a distributed product." Thesis, University of Ottawa (Canada), 2005. http://hdl.handle.net/10393/26956.

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This work investigates transfer pricing models among network-manufacturing firms for a distributed product. The particularities of the models are: instead of each company trying to maximize individually the value added to its supply chain in which it is embedded, The models propose to maximize the value added by the network-companies in the global supply chain. Under specific assumptions on the nature of production, cost and value functions in typical production/distribution companies, it optimizes the supply chain structure for network-companies, distributed in one economic region. We calculate the transfer price and share the value added between the networked firms by two approaches: resource-based approach and efficiency-based approach. The models are formally defined, optimally formulated, and solved.

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Johansson, Karolina. "Internprissättningsproblematiken i ljuset av förslaget om hemlandsbeskattning för europeiska koncerner." Thesis, Linköping University, Department of Management and Economics, 2002. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-1371.

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Throughout this thesis three main factors have been identified that can be out of significance for transfer pricing in multinational companies if the proposal for Home State Taxation is adopted. These factors are rules for calculation of the tax base, rules for dividing costs over periods and the tax rate. The formula for sharing profits will also become a factor that can have an impact on the European companies'incentives for transfer pricing interacting with above-mentioned factors. The effects of transfer pricing aiming at reducing the total amount of the taxation burden for a group of companies will be strongly reduced in the future if the proposal is adopted. Incentives for transfer pricing will loose importance, though not disappear altogether. Nevertheless new incentives to evade the rules may arise, especially in terms of careful choices concerning the establishment of every company in the group. The most positive effect of the proposal will probably be that the uncertainty of determining which transfer pricing rules apply will disappear, as only the system of rules of one country will be used for the calculation of the base for taxation. The double taxation, which has caused problems in the past since different rules for transfer pricing gave been applied, will disappear resulting in less costs for companies.

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Foster, Sheila Dale. "An empirical investigation of the ability of multinational enterprises to affect their United States income tax liability." Diss., Virginia Tech, 1994. http://hdl.handle.net/10919/37900.

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Transfer prices are the prices charged by one party for goods and/or services transferred to a related party. While transfer prices are essential to the goal of profit maximization within the enterprise, difficulties arise over how to establish the "correct" transfer price. For the global enterprise this problem is more acute because different segments of the enterprise operate under different political jurisdictions and are subject to taxation by different political entities. Concerns have been raised by Congress and the Internal Revenue Service regarding whether multinationals, especially foreign-owned multinationals, are using transfer-pricing and cost-allocation policies across international borders to avoid United States income taxes. Generally, testimony before the hearings, limited anecdotal studies, and court case findings have suggested that multinationals do not pay their "fair share". An examination of 336 companies in the chemical industry (STC codes 2800-2899) provided mixed support for the position that multinationals are paying less than their "fair share" of U.S. income taxes. While statistically significant differences were found among the three groups for the cost-ofgood-sold (COGS) ratio (after developmental stage enterprises were removed) and for the worldwide net-profit ratio, no Statistically significant differences were found for tax-rate measures (worldwide effective income tax rate, worldwide effective operating income tax rate, and U.S. effective operating income tax rate) or for the return measures (worldwide return on assets, worldwide operating return on assets, and U.S. operating return on assets). When multinationals (U.S.-controlled and foreign-controlled combined to form a single group) were compared to domestic companies, statistically significant differences were found only for the COGS ratio. When U.S. multinationals were restricted to those companies with 50% or more of both their net sales and average total assets abroad, statistically Significant differences were found for the operating income ratios (both U.S. and worldwide) and for the worldwide net profit ratio, but such differences were found neither for the COGS ratio, the effective-income-tax-rate measures, nor for the return measures. Complicating the issue were: (1) the presence of developing stage enterprises and foreign parent companies among the total group; (2) the use of a 10% cutoff in ownership and operations to determine whether a company is or is not a multinational; and (3) the absence of access to tax or accounting records, resulting in the need to use secondary sources for data. One suggestion for simplifying the transfer-pricing issue is the adoption of a method of formulary apportionment. Ina comparison of the amount of income allocated to U.S. operations under current methods (either specific allocation Or separate accounting) and the amount that would have been allocated under formulary apportionment methods no significant differences were found, suggesting that such a method is worthy of further study. Ph. D.

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Mansoor, Younus Ahmed. "A critical analysis of the reference pricing tool used by SARS to address undervaluation of imported clothing." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1020755.

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The South African Revenue Service has since 2009 introduced “reference pricing” as a tool to detect undervaluation of customs values of imported clothing and textiles. The term “reference pricing” is not defined in the Customs and Excise Act No.91 of 1964 which is the legislation that governs the importation of goods into the Republic of South Africa. The mandate of the South African Revenue Service, amongst others, is to facilitate legitimate trade. By applying the reference pricing guidelines the South African Revenue Service will target all importers who declare customs values which are less than the reference price for a targeted tariff heading associated with an item of clothing or textile. The Customs and Excise Act No.91 of 1964 is clear in that the transaction value which is the price paid or payable for the imported goods shall be the value used for customs duty purposes. The Customs and Excise Act No.91 of 1964 also requires that the interpretation of the sections 65, 66 and 67 of the said Act shall be subject to the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 (Valuation Agreement). Part I of the Valuation Agreement deals with the rules for customs valuation. Article 17 of part 1 allows for customs administrations to satisfy themselves as to the truth or accuracy of any statement, document or declaration presented for customs valuation purposes. The Technical Committee on Customs Valuation of the World Trade Organisation decided the following in so far as Article 17 of the aforesaid agreement is concerned: “1. When a declaration has been presented and where the customs administration has reason to doubt the truth or accuracy of the particulars or of documents produced in support of this declaration, the customs administration may ask the importer to provide further explanation, including documents or other evidence, that the declared value represents the total amount actually paid or payable for the imported goods, ....” It would appear that the South African Revenue Service is using reference prices as a tool to support its reason for doubting the truth or accuracy of the declared customs values. The indiscriminate use of reference pricing, it is submitted, affects legitimate trade adversely. This treatise provides an understanding of how the customs value should be determined in terms of the Customs and Excise Act No.91 of 1964 and the Valuation Agreement. It then provides a background to reference pricing and how reference pricing will be used to detect undervalued imports of clothing and textiles, the advantages and disadvantages of using reference pricing and a comparative analysis of the approach adopted by the Mexican Tax Administration Service in so far as the use of reference pricing is concerned. It was established that the reference price cannot replace the customs value of an imported clothing item as the customs value is based on the price actually paid or payable for it and not on some arbitrary or fictitious value. The reference price can only be used as a tool to identify importers that are possibly undervaluing the customs values. The disadvantages far outweigh the advantages of using reference pricing. The treatise further provides a background to the use of a valuation database as a risk assessment tool and compares this to the use of reference pricing. The use of reference pricing and its impact on trade facilitation is then discussed as well as whether the use of reference pricing is consistent with the risk management principles as discussed in the World Customs Organisation Risk Management Guide. It was established that the South African Revenue Service has not disclosed the basis of arriving at the reference price per tariff heading that it targets and the use of reference pricing is not sanctioned by any international guideline or agreement. It was also established that the use of reference pricing targets compliant importers unnecessarily and this practice goes against the principles of trade facilitation. The use of reference pricing can be used as a tool to detect undervalued imports of clothing but should not be used as a basis to stop every consignment of clothing simply because the customs value declared is less than the reference price. It should not be used as a stand-alone tool but rather enhanced further with the recommendations provided. In the final analysis, recommendations are provided which seek to enhance the reference pricing mechanism and to further identify and exclude compliant importers and limit the use of reference pricing to target non-compliant importers who undervalue the customs value of imported clothing and textile items.

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Lappas-Grigoraki, Daphni. "Tax Non-Compliance In Developing Countries: Examining The Effect On Foreign Direct Investment, Infrastructure And Transfer Pricing." Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/cmc_theses/925.

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This paper will discuss the obstacles governments of developing countries face in regulating related party transactions in this rapidly globalizing world. The first section of this paper will focus on foreign direct investment, its benefits, and the tax incentives instituted by developing countries to attract the capital of multinational corporations. Next, this paper will examine the major obstacles to growth a developing country must combat: shadow economies and corruption. These two enemies of growth hurt a developing country’s ability to attract foreign direct investment, to develop its rule of law and tax administration, and to efficiently allocate its resources with the goal of developing a stable economy. Finally, I will explain the difficulties developing countries must overcome to regulate firm transfer pricing under the current global standard.

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Sequeira, Teresa. "As implicações da legislação fiscal na gestão da política de preços de transferência numa multinacional." Master's thesis, Instituto Superior de Economia e Gestão, 2009. http://hdl.handle.net/10400.5/1632.

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Mestrado de Contabilidade, Fiscalidade e Finanças Empresariais Nas últimas décadas as multinacionais têm sido um dos indutores do processo de globalização das economias através da criação de um sistema de produção internacional de bens e serviços. Como consequência deste fenómeno, a UNCTAD (2003) estimou que cerca de 66% do comércio mundial era promovido pelas multinacionais e relativamente metade deste comércio decorresse entre entidades relacionadas (entre a Empresa-mãe e as filiais/joint-ventures/associadas ou entre estas). A magnitude do comércio intra-grupo levou a que os diferentes Estados começassem a dar uma especial atenção ao nível legislativo sobre os preços de transferência na óptica internacional. Para além de operarem num ambiente de crescente competitividade e complexidade, nos últimos anos as multinacionais vêem-se confrontadas com uma legislação fiscal cada vez mais interveniente no processo interno de gestão da política de preços de transferência internos. Não adianta estabelecer um preço de transferência que maximize o lucro global da multinacional, se não for dada a devida atenção à variável fiscal. Porque se as autoridades fiscais julgarem que os preços praticados são um mero mecanismo de evasão fiscal, procederão às necessárias correcções na matéria colectável (resultando por vezes em dupla tributação) e à aplicação de eventuais coimas. Constatando a crescente notoriedade da temática para as multinacionais e Estados, este trabalho procura analisar através do estudo de caso, as várias etapas associadas ao processo de elaboração de uma política de PTI, que cumpra os objectivos da multinacional e os requisitos legais. A análise prática procurou descrever os aspectos mais relevantes do sector onde a empresa opera e os factores mais notórios da competitividade e estratégia do grupo. Posteriormente foi realizada uma breve descrição e análise da performance financeira do grupo, onde foram identificados as oportunidades e riscos que podem influenciar a respectiva performance. Também foi efectuada uma descrição da cadeia de valor e estrutura legal do grupo e por fim realizou-se a análise do grupo em sede de preços de transferência de acordo com as orientações da OCDE. A informação apresentada teve como fontes o relatório anual da empresa referente ao exercício fiscal de 2008 e as respectivas demonstrações financeiras da empresa 'Software Alliance Portugal. In the last decades the multinationals have been one of the inductors of the process of globalization through the creation of an international production system of goods and services. As a consequence of this phenomenon, the UNCTAD (2003) appreciated that around 66 % of the world-wide trade was promoted by the multinationals and relatively half of this trade was passing between connected entities (between the headquarters and the affiliates/joint-ventures/associates or between these). The magnitude of the intra-group trade took the different States to give a special attention, from an international perspective, at the transfer pricing tax legislation. Besides to operate in an environment of growing competitiveness and complexity, the multinationals have been confronted, in the last years, with a more intervenient tax legislation in the internal process of management politics of transfer pricing. It does not advance to establish a transfer price that maximizes the global profit of the multinational; the proper attention will not be given to the tax variable. If the tax authorities judge that the practiced prices are a mere mechanism of tax evasion, they will proceed to the necessary corrections on the taxable income (turning for times in double taxation) and to the application of eventual fines. Facing the growing renown of the theme for the multinationals and States, this work tries to analyze, through a case study, the stages associated to the process of preparation of a transfer pricing tax analysis, which carries out the objectives of the multinational and the legal requisites. The practical analysis tried to describe the most relevant aspects of the sector where the enterprise operates and the most well-known factors of the competitiveness and strategy of the group. Subsequently there was carried out a short description and analysis of the financial performance of the group, where some opportunities and risks that can influence the respective performance were identified. Also a brief description of the valuable chain and legal structure of the group was done and as a final point the analysis of the group happened in matters of transfer pricing in accordance with the directions of the OECD. The presented information was based on the annual report of the enterprise referring to the fiscal exercise of 2008 and the respective financial statements of the enterprise 'Software Alliance Portugal.

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Fourie, Albert Roeloff. "Transfer pricing : the compliance of the distribution functions of RHI Refractories Africa with SARS legislation." Thesis, Stellenbosch : Stellenbosch University, 2006. http://hdl.handle.net/10019.1/50670.

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Thesis (MBA)--Stellenbosch University, 2006. ENGLISH ABSTRACT: Governments do not want their tax collection to be affected by multinational companies that make use of distorted pricing models in order to maximize profits. For this reason Governments everywhere are implementing strict transfer pricing policies. These policies are mainly based on the OECD Guidelines with respect to transfer pricing. On the other hand, multinational companies do not want to be exposed to double taxation. The South African government also introduced regulations with respect to transfer prices set by multinational companies. Section 31 of the Income Tax Act 58, 1962, deals specifically with the issue of transfer pricing. This is fully explained in Practice Note 7 of SARS. RHI Refractories Africa, as part of the multinational company RHI-Ag, has to comply with SARS legislation. RHI Refractories Africa purchase many materials and products from the parent company for resale in the local market. The SEN is one such product and was selected for evaluation. This study found, after evaluation of the functions performed by RHI Refractories Africa and evaluating all the various preferred methods, the Resale Price Method (RPM) to be the most appropriate method to be used in the evaluation of the status of RHI Refractories Africa with respect to compliance with current SARS legislation. The gross margins eamed by RHI Refractories Africa on the sale of TYK and THOR SENs were compared. It was found that the gross margins earned on the sale of THOR SENs in the controlled transaction were actually higher than those earned in the uncontrolled transaction with TYK. The conclusion of this study is that RHI Refractories Africa does comply with current SARS legislation as measured against the guidelines of Practice Note 7 from SARS. This study further proposes that RHI Refractories Africa evaluate and document the process followed for all the inter-company transactions in order to ensure full compliance with SARS legislation. AFRIKAANSE OPSOMMING: Regerings wil verhoed dat die belasting basis verklein word deur multinasionale maatskappye wat gebruik maak van prys modelIe wat daarop gemik is om belasting te ontduik en sodoende die marges van die maaskappye te verhoog. Vir die rede implimenteer regerings strenger maatreels om te verseker dat oordrag pryse markverwant is en bly. Die riglyne soos voorgestel deur die OECD word meestal as basis gebruik vir die opstel van lokale wetgewing. Terselfdertyd wil multinasionale maatskapye ook nie dubbele belasting betaal nie. Die Suid Afrikaanse regering het wetgewing daar gestel as deeI van Seksie 31 van die Inkomste Belasting Wet 58, 1962, wat spesifiek handel met oordrag pryse. Die wetgewing word verder verduidelik in Praktiese Nota 7. RHI Refractories Africa, as deeI van die multinasionale maatskapy RHI-Ag, moet voldoen aan SARS wetgewing. RHI Refractories Africa koop 'n verskeidenheid van materiale en produkte van die moeder-maatskapy vir herverkoop in die lokale mark. Die SEN is een so 'n produk en is gekies vir evaluasie. Die funksies wat RHI Refractories Afrika uitvoer ten opsigte van die verkoop van SENs is ten volle ondersoek. Die verskillende metodes vir evaluering van die oordrag prys soos voorgestel deur SARS is ook ondersoek en daar is gevind dat die Herverkoop Prys Model (RPM) die mees geskikte model is vir RHI Refractories Africa om te gebruik in die evaluering van die verkoop van SENs. Die bruto marge wat RHI Refractories Africa behaal met die verkoop van TYK en THOR SENs is vergelyk. Daar is gevind dat die bruto marge wat behaal is met THOR SENs, as deel van die beheerde transaksie, in werklikheid groter is as die wat met TYK SENs in die onbeheerde transaksie behaal is. Die konklusie van die studie is dat RHI Refractories Africa wel voldoen aan die vereistes daar gestel deur SARS soos gemeet aan die riglyne van Praktiese Nota 7. Die studie stel voor dat RHI Refractories Africa al die intermaatskaplike transaksies evalueer aan die hand van die SARS riglyne om te verseker dat daar ten volle voldoen word aan die vereistes van SARS.

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Bernath, Andreas. "The Implications of the Arbitration Convention : A step back for the European Community or a step forward for elimination of transfer pricing related double taxation?" Thesis, Jönköping University, JIBS, Commercial Law, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-548.

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It was assumed in the mid 1990s that 60% of all global trade took place within a group of enterprises. With increased globalisation leading to an increase in mergers and acquisitions this figure is most likely higher. Thus intra-company and intra-group transactions form a major part of business. These transactions, due to the association between the enterprises, may not always reflect the conditions that a market with independent actors would dictate. There are various reasons for this, which include not only tax considerations but also difficulties in establishing conditions that reflect those that inde-pendent companies would apply, in other words conditions in accordance with the arm’s length principle. In cases where these conditions are not in accordance with what the state considers as an arm’s length price, the profits of the enterprise located in that state may be adjusted for taxation purposes under transfer pricing provisions.The complexity of transfer pricing rules and the various methods for establishing an arm’s length price result in different interpretations and increased uncertainty for multinational enterprises that often face different rules for determining a correct transfer price. Therefore, enterprises may often face transfer pricing adjustments of their profits due to the complexity and differences in transfer pricing legislation. Transfer pricing adjustments potentially lead to unresolved double taxation, in fact business reports have indicated that 42% of the transfer pricing adjustments lead to double taxation. Therefore it is imperative to have legal mechanisms that resolve potential double taxation.The Convention on the Elimination of Double Taxation in Connection with the Adjustment of Profits of Associated Enterprises (Arbitration Convention) was adopted to give the multinational enterprises, facing double taxation due to adjustments of their profits, a remedy that obliged the states to resolve the double taxation. This was the first, and is still the only, EC-wide mechanism that technically guarantees that transfer pricing double taxation is resolved and thus holds a great improvement over other existing mechanisms to resolve double taxation. The Arbitration Convention was originally a proposed EC Directive but was transformed into a intergovernmental convention. This has resulted in that the European Court of Justice (ECJ) has no jurisdiction to interpret the Arbitration Convention or its application. Furthermore there is no supranational or international organ that could take action against states that interpret or apply the Conven-tion in an unintended manner. The chosen legal form has also resulted in different interpretations as to what status the Arbitration Convention has compared to bilateral tax conventions, and thus whether it precedes them. This could prove troublesome when future bilateral treaties are concluded or where there already exist tax treaties that have different solutions to transfer pricing related double taxation.The risk of the Convention being interpreted differently is greatly increased by the various undefined terms and lack of precise provisions in the Convention. Therefore, the Convention has been subject to an inconsistent application and interpretation from the date it came into effect in 1995. The Convention was only given a five year life span, after which it was destined to be renewed if the contracting states so expressed, involving the same ratification process as at the initial acceptation of the Convention. However, as this was inefficient, a Prolongation Protocol was signed to amend the Convention with an automatic extension of its life. As it took till 2004 for this Protocol to be ratified and finally enter into force on 1 November 2004 it created one of the main interpretation and application differences in the life of the Convention.The function of the Convention’s procedures and thus its efficiency in resolving double taxation is impeded by the numerous interpretation differences and lack of precise pro-visions in the Convention. The fact that there is no way to guarantee that the provisions of the Convention are precisely followed, partly since there are uncertainties regarding the precise interpretation but also partly since there is no organ that could enforce a uniform application of the Convention, further impedes the efficiency of the Convention, which is clearly seen in practice.Another question of interpretation and application raised is that, although the Convention was originally intended as a means for resolving transfer pricing related double taxation, there have been arguments that the Convention could apply to double taxation due to provisions concerning thin capitalisation as well. These provisions bring about similar conditions as those the Convention requires for its applicability and, although a different area of law, the connections in the conditions are many and undeniable.

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Rodthong, Ratichai. "The taxation of wealth transfers in Thailand." Thesis, Brunel University, 2016. http://bura.brunel.ac.uk/handle/2438/12104.

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This thesis examines the case for a wealth transfer tax in Thailand, against the background, inter alia, of the failure of Thailand’s defunct tax law on estate and inheritance (the Estate and Inheritance Tax Act, 1933). Thailand has a significant problem with income and wealth distribution, with an increasing gulf between the rich and the poor—a root cause of the nation’s ongoing political conflicts. Such substantial economic inequality is partly caused by imbalances and inequalities in the Thai taxation system, and it will be argued that the tax system requires restructuring through the introduction of the wealth transfer tax. This would be a significant tax policy initiative that may assist in tackling a root cause of Thailand’s political and economic crises. In addressing the above issues, this thesis examines aspects of the US federal estate and gift taxes and the UK inheritance tax systems. Comparisons between the criteria, rules and concepts in the US and UK systems reveal that Thailand should not simply import wholesale the approach of either country. Both systems have commendable features that may, when combined, help address the causes of the failure of the Thai Estate and Inheritance Tax Act of 1933. It will be argued that a wealth transfer tax should be introduced in Thailand, in the form of a transferor-based system, which incorporates selected criteria, rules, and concepts arising from both the US and UK jurisdictions. In adopting the proposed reform, it is essential to consider Thailand’s political, economic, social and legal contexts, including Thailand’s current legislation relating to wealth transfers, as such laws will inform and partly shape the drafting of a prospective wealth transfer tax in Thailand.

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Andersson, Elin. "Developing a transfer pricing system : A case study of a company in the marine foodservice industry." Thesis, Jönköping University, JIBS, Commercial Law, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-11056.

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Marine Food group is active within the marine foodservice industry and is established in Finland, Sweden, USA and Singapore. The group both sells galley equipment and spare parts as well as carrying out installation of the marine foodservice areas in both new build vessels and in vessels where an old galley is changed into a new one. The group also provides its customers with turnkey deliveries, which are when the supplier has the overall responsibility for the delivery of a marine foodservice area. Marine Food group transfers goods and services between the enterprises situated in Finland, Sweden and the US and has not established a transfer pricing system for these transactions. The company located in Singapore was recently established and any intra-group transactions have not been conducted yet. This master’s thesis aims at developing a transfer pricing system that could be applicable on these transactions and acceptable to the tax authorities in Finland, Sweden and the US.The elements that should be included when developing a transfer pricing system is functional analysis, economic analysis, an analysis of transactions, selection of transfer pricing method and comparables. The Marine Food group is therefore analyzed based on these elements in order to be successful in developing a transfer pricing system. Furthermore, the transfer pricing rules in Finland, Sweden and USA is examined in order to develop a transfer pricing system that is acceptable to the tax authority in respective country. The Organization for Economic Co-operation and Development has issued Transfer Pricing Guidelines, which are another significant source that are examined when establishing a transfer pricing system for Marine Food group.Spare parts are transferred between the Swedish company, Marine Food AB and the US based company, Marine Food LLC. The transfer pricing method that should be applied in Sweden is the resale price method since Marine Food LLC operates like a reseller for the spare parts. Internal comparables exist and comparability for the purposes of resale price method can be established with reference to both internal and external data. In the US, the comparable profit method should be applied given that it meets the best method rule.The transactions from the Finnish Company, Marine Food Oy and the Swedish company, Marine Food AB consist of installation works and stainless steel furniture. Hence, the transactions both involve goods and services and should be looked at separately. The transfer price for the installation works should be set by using the transactional net margin method. In order to determine the transfer price under the transactional net margin method both internal and external comparables can be used in this case. The transfer price for the stainless steel furniture should on the other hand be established using the resale price method. In order to determine comparability external comparables are used due to lack of internal data.Marine Food AB sells galley equipment and spare parts to Marine Food Oy. The transfer pricing method that should be applied on these transactions is the resale price method since the least complex party in the transaction, Marine Food Oy, act like a reseller of the galley equipment and spare parts. Comparability is to be established with reference to external comparables since internal comparables do not exist.

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Elmlid, Eric. "The remuneration for intra group services : A study of issues that have caused disagreements between taxpayers and tax authorities." Thesis, Jönköping University, JIBS, Commercial Law, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-11106.

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This master’s thesis has analyzed the issues multinational enterprises (MNE) have when determining the arm’s length price from intra group services rendered from a group service center (GSC). The thesis is based on the recommendations from the Organization for Economic Co-operation and Development (OECD), and the legislations in Sweden, Germany, USA, and Denmark. There are several factors that could cause issues for services rendered from a GSC.GSCs render services to the members of a MNE. These types of services are often managerial, supervisory, marketing, or other kinds of services, which are preformed more efficiently if centralized in the MNE rather than if each member of the MNE would perform the services themselves. The research has shown three specific issues that have caused problems for MNEs: When is a service chargeable? Is the applied method for charging appropriate? And, how should the remuneration be determined? The concerned countries have different rules and regulations towards dealing with these issues, which have caused problems for MNE operating in these countries.There is no other category of transaction that has caused as much disagreement between taxpayers and tax authorities as intra group services. Countries seem to have different approaches towards when services are chargeable, which in situations create disputes between taxpayers and the countries’ tax authorities.The appropriate method for charging is dependent of the concerned countries. Three of the countries have a negative attitude towards indirect charging, while one has no preference. Consequently, this has caused problems for MNE to price services.Three of the countries apply the OECD’s recommendations, when determine the appropriate pricing method. OECD has a hierarchy of the methods, whereas USA applies the best method rule, which means that they have no preference over a certain pricing method. The most common methods for pricing services are the cost plus method and the transactional net margin method. However, there are situations where some of the countries do not approve a profit element in the charge. In these situations, the OECD‘s recommendations do not provide a clear and straight answer, whereas the US Regulations have very strict and clear regulations when a service should be charged without a profit element.There could be many factors to why countries have different interpretations: ambiguous recommendations from the OECD; subjective opinions from governments, tax authorities and courts; protectionism; language barriers; accounting standards; the differences in the legal value of the OECD recommendations; and probably other factors which has not been considered. Inferentially, the OECD should be more open to a “US approach”, by giving more clear, precise and direct recommendations. A “US approach” gives more predictability to practitioners. Direct, clear and precise recommendations will give less room for interpretation, thus, less confusion in practice. Even if this has to be accepted by countries it should lead to less confusion and hopefully decrease double taxation for MNEs.

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Hansen, Ida, and Viktoria Lin. "China - The new Corporate Income Tax Law and its effect on Transfer Pricing : and in particular the issue of documentation requirements." Thesis, Jönköping University, JIBS, Commercial Law, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-1140.

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China has had a remarkable development since the late 1970s, when the Chinese government started opening up its internal market for the outside world. The Chinese legislation and the legal system itself have been developing rapidly to adapt to the new economic environment, however not without complications. Many uncertainties still remain.Under the old income tax regime, corporations on the Chinese market were taxed under two different systems, one for domestic enterprises and one for foreign invested enterprises and foreign enterprises. With the new Corporate Income Tax Law, these two systems were merged and new concepts introduced. The new income tax law includes important articles that affect the transfer pricing regime in China. The OECD’s transfer pricing regulations have served as a model when China first started to regulate their transfer pricing, there are consequently similarities between the two.Multinational corporations consider the issue of transfer pricing as the most important issue in their international taxation. It is important both from the aspect of being the most effective way to maximize the world profit of the corporation and also in the aspect that an adjustment due to inaccuracies in the corporation’s transfer prices can be expensive. The Chinese transfer pricing system is considered to be young in comparison with other jurisdictions, for example the United States. The Chinese government and its tax authorities have in recent years put a lot of effort in improving the transfer pricing system and its execution. Due to the amount of loss in tax revenue that is believed to be due to transfer pricing measures, the issue is considered to be of outmost importance.The requirement on transfer pricing documentation has been an important issue for MNCs on the Chinese market, especially now when there is an interest levy on adjustments made through an audit. Since the current regulation on documentation is still quite vague, it constitutes an uncertainty for both taxpayers and tax authorities. However, an issuing of a clearer regulation on documentation requirements have long been anticipated but not yet released, although clarifying measures have been taken through the Corporate Income Tax Law and newly issued circulars during 2007.

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Mattsson, Jacob. "Implicit support within intra-group financing : A comparative study of the transfer pricing treatment in Sweden, Canada and the United Kingdom." Thesis, Internationella Handelshögskolan, Högskolan i Jönköping, IHH, Rättsvetenskap, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-14478.

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Van, der Westhuysen Gerdi, and Schalkwyk L. Van. "Critical analysis of the components of the transfer pricing provisions contained in Section 31(2) of the Income Tax Act, no 58 of 1962." Thesis, Stellenbosch : University of Stellenbosch, 2004. http://hdl.handle.net/10019.1/15521.

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Thesis (MComm)--University of Stellenbosch, 2004. ENGLISH ABSTRACT: Despite the fact that transfer pricing legislation (i.e. section 31 of the Income Tax Act, 58 of 1962 (“the Act”) has been in force in South Africa since 1995, it has only been in the last three years that the South African Revenue Service (“SARS”) has embarked on a number of assessments of taxpayers’ cross border transactions with foreign group companies. In particular, the SARS targets taxpayers that have rendered cross border services (including financial assistance) to a foreign group company for no consideration and has assessed these taxpayers on the adjusted interest/ fee amounts. Since the burden of proof lies with the taxpayer to demonstrate that its cross border transactions with foreign group companies do not infringe the provisions of section 31(2) of the Act, this study provides taxpayers with guidance as to when its transactions would fall within the scope of application of section 31(2) of the Act and when the SARS would be excluded from applying the provision of section 31(2) of the Act. Following upon a critical analysis of the essential components of section 31(2) of the Act the following conclusions are drawn by the author: • If the taxpayer proves that it did not transact with a connected party (as defined in section 1 of the Act), or it did not supply goods or services in terms of an international agreement (as defined in section 31(1) of the Act), or its transfer price would be regarded as arm’s length, the Commissioner would be excluded from applying the provision of section 31(2) of the Act since all of the components to apply section 31(2) of the Act are not present. • The current view held by the South African Revenue Service and tax practitioners that transactions between a South African company and an offshore company, which are both directly or indirectly held more than fifty percent by an offshore parent company, are transactions between connected persons (as defined in 5 section 1 of the Act) is incorrect in law. Section 31 of the Act is not applicable to such transactions. • The Commissioner will be excluded from making a transfer pricing adjustment to a service provider’s taxable income where the following circumstances are present: o Where the cross border transaction with a connected party does not give rise to gross income, which is the starting point in the determination of taxable income, since the service provider agreed to render services for no consideration and was therefore not entitled to receive income (i.e. no receipt or accrual) and o Where the service provider can provide evidence that demonstrates that there was no practice of price manipulation as regards the transaction under review. AFRIKAANSE OPSOMMING: Alhoewel oordragprysbeleid wetgewing (artikel 31 van die Inkomstebelastingwet 58 van 1962 (“die Wet”)) al sedert 1995 in Suid Afrika van krag is, het die Suid Afrikaanse Inkomstediens (“SAID”) eers werklik gedurende die laaste drie jaar begin om aanslae ten opsigte van belastingpligtiges se internasionale transaksies met buitelandse groepmaatskappye uit te reik. In die besonder teiken die SAID belastingpligtes wat dienste (insluitend lenings) aan buitelandse groepmaatskappye vir geen vergoeding lewer. Aangesien die bewyslas op die belastingpligtige rus om te bewys dat sy internasionale transaksies met buitelandse groepmaatskappye nie die bepalings van artikel 31(2) van die Wet oortree nie, word belastingpligtiges in hierdie studie van riglyne, wat aandui wanneer transaksies met buitelandse groepmaatskappye binne die omvang van artikel 31(2) van die Wet val asook onder welke omstandighede die SAID verhoed sal word om artikel 31(2) van die Wet toe te pas, voorsien. Na aanleiding van ‘n kritiese analise van die deurslaggewende komponente van artikel 31(2) van die Wet kom die skrywer tot die volgende gevolgtrekkings: • As die belastingpligte kan bewys dat hy nie met ‘n verbonde persoon (soos omskryf in artikel 1 van die Wet) handelgedryf het nie, of dat hy nie goedere of dienste in terme van ‘n internasionale ooreenkoms (soos omskryf in artikel 31(1) van die Wet) gelewer het nie, of dat sy oordragprys as arm lengte beskou kan word, sal die Kommissaris verhoed word om die bepaling van artikel 31(2) van die Wet toe te pas, aangesien al die komponente van artikel 31(2) van die Wet nie teenwoordig is nie. • Die huidige sienswyse van die SAID en belastingpraktisyns dat transaksies wat tussen ‘n Suid Afrikaanse maatskappy en ‘n buitelandse maatskappy plaasvind, waar ‘n buitelandse moedermaatskappy meer as vyftig persent van albei maatskappye se aandeelhouding (direk of indirek) hou, beskou kan word as 7 transaksies tussen verbonde persone (soos omskryf in artikel 1 van die Wet) is regstegnies nie korrek nie. Artikel 31(2) van die Wet is nie van toepassing op sulke transaksies nie. • Die Kommisaris sal onder die volgende omstandighede verhoed word om enige oordragprysaanpassing aan ‘n diensleweraar se belasbare inkomste te maak: o Waar die internasionale transaksie met ‘n verbonde persoon nie bruto inkomste (die beginpunt van ‘n belasbare inkomste berekening) voortbring nie, aangesien die diensleweraar ingestem het om dienste teen geen vergoeding te lewer, wat tot die gevolg het dat die diensleweraar nie geregtig is om inkomste te ontvang nie (dus geen ontvangste of toevalling) en o Waar die diensleweraar kan bewys dat die transaksie nie onderhewig aan prys manipulasie was nie.

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Daily, Robert L. "Avoiding Taxes On Foreign Profits: How To Fix the Games That Multinationals Play." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/517.

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The current United States tax code regarding foreign sourced income is outdated for a heavily globalized and interconnected world. Multinationals have played certain games with the tax code to lower their domestic and foreign tax bill. This form of tax avoidance has real economic effects that are leading to non-optimal economic outcomes. This paper will begin by offering examples of how multinationals are avoiding taxes, especially in the pricing of intangible assets. Other countries have adopted different ways to tax foreign profits; notably most countries either have a worldwide non-deferral tax system or a territorial tax system. There are costs and benefits associated with both systems of taxation that must be considered before adoption. Ultimately, this paper will conclude that a territorial tax system combined with an overhaul of the current rules regarding transfer pricing will lead to a better economic outcome than the current U.S. system of taxation.

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Berková, Hana. "Daňové aspekty pronikání podniků na zahraniční trhy." Master's thesis, Vysoká škola ekonomická v Praze, 2011. http://www.nusl.cz/ntk/nusl-112824.

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This diploma thesis analyzes several aspects of taxation when entering a foreign market. The first chapter explains the difference between nominal and effective tax rates and tax burden regulation by enterprises during the current debt crisis. The second chapter deals with double taxation agreements and methods that eliminate double taxation. The third chapter describes the rules of transfer pricing and advance pricing agreements. The last chapter focuses on tax incentives and risks of taxation, especially tax avoidance, tax evasion and the negative attitude of developed countries against tax havens.

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Tuláčková, Anna. "Smlouvy zamezující dvojímu zdanění a jejich vliv na podnikatelskou činnost." Master's thesis, Vysoká škola ekonomická v Praze, 2011. http://www.nusl.cz/ntk/nusl-124635.

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The thesis is focused on international double taxation and its implications for international business activity. At first, it focuses on double taxation definition, the reasons of its occurrence and its impacts. The next part deals with bilateral double taxation treaties and their principles, including a comparison of Model conventions developed by the OECD and the UN. The last chapter focuses on the areas of transnational corporations activity that are most impacted by tax matters, such as the form of their presence in the foreign market, transfer pricing and international labour hire. The basic principles of international tax planning are explained as well.

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Ponter, Lloyd Anthony. "An assessment of e-tolling as a method of financing Gauteng roads." Thesis, Rhodes University, 2015. http://hdl.handle.net/10962/d1017185.

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E-tolling was recently implemented on roads in Gauteng, South Africa. This gave rise to a great deal of protest by road users and a court battle between the South African National Roads Agency (SANRAL) and the Opposition to Urban Tolling Alliance, a body representing road users. The e-tolling system was criticised at various levels and on numerous grounds, some financial and others appearing to be emotional. This thesis attempted to analyse the various grounds for objection against the system, the main goal of the research being to analyse e-tolling in Gauteng to ascertain whether or not the introduction of e-tolling was justified or whether an alternative method of taxation to pay for the upgrading of Gauteng roads would have been more cost-effective. Secondary data in the form of documents from multiple sources was used in the analysis, including an Economic Impact Assessment that was one of the key inputs into the decision to introduce e-tolling. It was found that there are multiple problems plaguing the e-toll system and e-tolling is not the most cost-effective taxation method of paying for Gauteng roads. Using a fuel levy or general tax revenue available to the National Treasury were both found to be more cost-effective methods as they would have achieved the same result (repairing and upgrading specific Gauteng roads), at a cost of R20,0913 billion less than e-tolling. It was suggested that the best taxation method/s to pay for the roads would have been using a fuel levy and general tax revenue as the primary funding methods, with vehicle licensing fees and long distance toll roads as secondary methods to aid the primary methods.

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Peciválová, Lenka. "Účetní a daňové aspekty různých forem vstupu na zahraniční trhy." Master's thesis, Vysoká škola ekonomická v Praze, 2009. http://www.nusl.cz/ntk/nusl-15799.

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The major topic of this thesis is tax and accounting aspects of different types of foreign market entrance. Basic types of foreign market entrance and their accounting and tax comprehension are defined in the first chapter. The second chapter is focused on legal point of view of the foreign entities business in Czech Republic and there are defined the main differences in foreign entities business by czech corporate entity and branch. The main differences of these subjects from the tax point of view are established in the third chapter, tax registration, tax duty origin, tax base, double taxation, mutual relations and transfer pricing. The fourth chapter is focused on the accounting duties both subjects, their differences and transactions accounting in practice of branch and its founder, foreign entity, in centralized and separated accounting system.

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Randriamanalina, Tovony. "Les prix de transfert et le principe de pleine concurrence dans les pays en développement." Thesis, Paris Sciences et Lettres (ComUE), 2019. http://www.theses.fr/2019PSLED067.

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La fixation du prix de pleine concurrence par les administrations fiscales des pays en développement soulève des questions singulières. L’objectif fondamental recherché à travers la fixation des prix de transfert est l’affectation de la juste assiette de l’impôt à chaque État concerné par les transactions intragroupes, c’est-à-dire au sein des groupes multinationaux de sociétés. L’OCDE et ses pays membres estiment que le meilleur moyen pour parvenir à cet objectif est de vérifier que le prix de transfert en cause respecte le principe de pleine concurrence, lequel repose sur une comparaison entre les prix pratiqués par les sociétés appartenant à un même groupe et ceux pratiqués pour des opérations similaires, par des entreprises indépendantes. Toutefois, cet objectif n’est pas toujours atteint dans la pratique. Favorisé par l'OCDE, le principe de pleine concurrence suppose la mise en œuvre d’une analyse des faits et circonstances des transactions de chaque contribuable. L’OCDE recommande cinq méthodes pour cette analyse, jugée très subjective, donnant aux multinationales une grande liberté pour se structurer afin de minimiser les coûts fiscaux qu'elles encourent. A l’issu du projet BEPS de l'OCDE/G20, le principe de pleine concurrence continue d’être le standard international pour l'évaluation des prix de transfert. Toutefois, ce principe n’est pas suffisamment pragmatique pour les administrations fiscales que l’on peut considérer comme faibles, car il comporte de nombreuses échappatoires qui peuvent compromettre la détermination de l'assiettefiscale.Pour une imposition effective des groupes multinationaux de sociétés, notre thèse suggère deux arguments principaux. D’abord, elle propose des mesures à court terme qui reposent sur la simplification des règles actuelles afin de permettre aux administrations fiscales de collecter des recettes fiscales avec les moyens dont elles disposent. Néanmoins, ces mesures sont provisoires et transitoires étant donné qu’elles reposent sur des méthodes unilatérales jugées défaillantes. Ensuite, notre thèse soutient l’idée que la taxation unitaire avec la répartition formulaire est, à long terme, la meilleure solution, car elle est plus équitable pour toutes les parties Our thesis addresses taxation of transfer pricing and the arm’s length principle (ALP) in developing countries. Transfer pricing rules aim to accurately reflect the economic contribution of a multinational company (MNC) in each of the various jurisdictions in which it operates. The objective of the TP rules is to ensure that the various entities of an MNC report the real corresponding taxable profits in their jurisdiction.However, this objective is not always attained in practice. Favored by the OECD, the ALP approach requires an individual analysis of the facts and the situation of each taxpayer. There are five approved methods for this analysis, therefore it is eventually highly subjective, giving MNCs much freedom to structure themselves to minimize the tax costs they incur. Following the OECD/G20 BEPS Project, ALP has continued to be the international standard for assessing TP. However, the ALP is not a practical approach for developing countries, as it has many loopholes that can jeopardize the tax base. This thesis has two main arguments. First, it proposes some short-term strategies to make the ALP framework workable for developing countries’ tax administrations, although they are only a stopgate solution since they are still based on a flawed approach. Second, this chapter supports the judgment that unitary taxation with Formulary Apportionment (FA) is the best long-term solution that is fair to all parties

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Poitevin-Lavenu, François. "E-fiscalité : les règles fiscales à l'ère de la dématérialisation." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020043.

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La dématérialisation des échanges commerciaux nécessite des règles fiscales claires afin de sauvegarder la souveraineté fiscale de l’État et préserver la sécurité juridique indispensable pour le bon déroulement de la vie des affaires dans le cadre de l’accroissement du commerce électronique. Il s’agit de mettre en exergue le droit fiscal interne et les règles fiscales internationalement acceptées, que ce soit en matière d’impôts directs ou indirects. Plus largement, ce processus de dématérialisation induit une révolution dans l’organisation de l’administration fiscale et des prérogatives qu’elle détient. Les adaptations des procédures de déclaration, de recouvrement et de contrôle fiscal sont incontournables et lesdites procédures s’en trouvent profondément bouleversées. Les entreprises et les particuliers doivent alors s’adapter à ce nouvel environnement, qu’ils exercent ou non une activité de commerce électronique The business exchange dematerialization needs clear tax rules to preserve state tax rights and transactions security for the global business within the framework e-commerce growth. We have to examine domestic law and international tax law for direct or indirect taxes. The dematerialization process leads widely organization and prerogatives tax authorities’ revolution. The tax return, the collection of tax and the tax audit adaptations must be addressed and procedures are deeply changed. Companies and private individuals have to adapt to the new technologies even if they do e-business or not

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Mial, Fatima. "Fixation des prix de transfert à l'épreuve de la double imposition économique." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1053.

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Avec la mondialisation, les groupes de sociétés ont multiplié les transactions internationales et, de fait, les phénomènes d'optimisation fiscale internationale. La nécessité de fixer des prix de transfert « objectifs » afin de permettre une juste répartition de la manne fiscale entre les États s'est très vite imposée. La remise en cause des prix de transfert conduit à une double imposition économique.Aujourd'hui, le principe de pleine concurrence est la norme internationale utilisée comme norme de référence pour la fixation de prix de transfert « objectifs ». Toutefois, cette norme est perfectible. Aussi, la communauté internationale cherche et expérimente des alternatives à la norme du prix du marché. Dès lors, les réglementations étatiques et internationales sont amenées à repenser la problématique des prix de transfert dans sa dimension économique et non plus dans un but exclusivement fiscal.L'évolution majeure de ces dernières années est la nouvelle approche de la relation administration fiscale/entreprise. L'entreprise doit fixer ses prix de transfert en accord avec l'administration pour réduire le risque de double imposition économique. Le souci d'assurer une juste répartition des recettes fiscales entre les États et de garantir la sécurité juridique au développement du commerce mondial, constituent les défis de demain As a result of globalization, multinational companies have increased their international transactions, and in consequence, international tax planning. The need to determine "objective" transfer pricing in order to ensure the fair allocation of tax revenue between States quickly became a global necessity. However, the readjustment of transfer pricing as carried out by tax administrations leads to double taxation.At present, the arm's length principle is the international standard used as a reference norm to determine "objective" transfer pricing. However, this standard is perfectible and so the international community has been looking for and trying out alternatives to the norm of arm's length pricing. Consequently, both domestic and international rules and regulations need to be reassessed with regard to the problems of transfer pricing so that transfer pricing issues can be addressed not only from the perspective of tax revenue but also taking into account their overall economic dimension.The major evolution over last few years is the new approach to the tax administration/company relationship. The company must determine its transfer pricing in agreement with the tax administration in order to reduce the risk of economic double taxation. This aims to make sure that a fair share of income tax is apportioned between States and also guarantees a secure legal framework for the future allowing international trade to continue to develop and rise to meet the challenges that lie ahead

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Vega, García Alberto. "El soft law en la fiscalidad internacional." Doctoral thesis, Universitat Pompeu Fabra, 2014. http://hdl.handle.net/10803/279394.

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La principal contribución de esta tesis consiste en aplicar el debate doctrinal sobre el soft law, surgido en el contexto de las fuentes del Derecho Internacional, a la fiscalidad internacional. Para ello, tras un primer capítulo introductorio, los tres siguientes se centran en las principales muestras de soft law en este ámbito: los Modelos de convenio para evitar la doble imposición y sus Comentarios, las Directrices de la OCDE sobre precios de transferencia y los Estándares de la OCDE sobre transparencia e intercambio de información en materia tributaria. Respecto a cada uno de estos tres instrumentos jurídicamente no vinculantes se presenta el papel de los distintos actores internacionales en su configuración, su naturaleza jurídica y su relación con el hard law, tanto desde una perspectiva internacional (analizando, por ejemplo, su incidencia en la interpretación de los tratados por parte de los tribunales o en el surgimiento de normas consuetudinarias) como nacional (comparando, por ejemplo, su influencia en la legislación de distintos países). The main contribution of this thesis is the application of the academic literature on soft law, which originated mainly in the context of the sources of International Law, to the field of international taxation. After a first introductory chapter, the next three are devoted to the main examples of soft law in this area: the Model conventions for the prevention of double taxation and their Commentaries, the OECD Transfer Pricing Guidelines, and the OECD Standards of Transparency and Exchange of Information for Tax Purposes. In relation to each of these non-binding instruments, this study presents the role of the different international actors in their drafting process, their legal nature and their relation with the hard law, both from an international perspective (analysing, for instance, their effect on the interpretation of treaties by the courts and on the emergence of customary norms) and from a national point of view (comparing, for example, their influence on the legislation of different countries).

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Komárková, Renata. "Daňové ráje a jejich využití." Master's thesis, Vysoké učení technické v Brně. Fakulta podnikatelská, 2013. http://www.nusl.cz/ntk/nusl-223868.

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This master thesis deals with the characteristics of tax havens, approach beneficiary companies and way of their use and potential abuse. The first part defines basic terms, which are tax havens are closely linked. The second part is devoted to the characterization chosen tax havens in different areas of model-based taxation example of two types of companies. The third part contains the suggestions and recommendations for setting up a company in a tax haven.

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Celener, Balca. "La fiscalité des sociétés holdings en Turquie." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010309/document.

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La société holding est une réalité économique dont l’importance ne cesse d’augmenter. Plusieurs États offrent des régimes de faveurs fiscales pour attirer les holdings sur leurs territoires. Le système fiscal turc n’offre pas un tel «régime holding» mais il comporte plusieurs dispositions qui offrent certains avantages aux participations turques et étrangères. Une fiscalité avantageuse pour les holdings est intéressante pour un État dans la mesure où elle lui permet d’attirer les entreprises. Les dispositions fiscales peuvent rendre un territoire attractif et compétitif mais elles peuvent inciter une évasion fiscale à l’intérieur même du territoire. Le second risque engendré par le régime fiscal avantageux est l’établissement d’une concurrence fiscale déloyale. Les éléments clés d’une fiscalité idéale pour la société holding prennent en compte, d’une part la distribution des bénéfices de la holding, et d’autre part, les bénéfices provenant de ses propres participations, notamment les dividendes provenant de ses filiales et les plus-values de cession de ces participations. Par ailleurs, le régime fiscal holding doit être attractif et compétitif tout en restant compatible avec les principes reconnus du droit fiscal international The holding company is an economic reality whose importance is still increasing. Several countries offer tax benefits plans to attract holdings in their territories. The Turkish tax system does not offer such a "holding plan" but it contains several provisions that provide certain benefits to Turkish and foreign investments. Tax advantages for holding companies are important for the State to the extent that it attracts businesses and group companies. The tax provisions can make an attractive and competitive territory, yet they may increase tax evasion within the same territory. Another risk caused by the advantageous tax regime is harmful tax competition. The key elements of an ideal tax system of holding companies are about, first of all, the distribution of profits of the holding company and secondly, income from its own shares, including dividends from its subsidiaries and the capital gains disposal of their shares. Furthermore, the holding company tax system must be both competitive and attractive and at the same time it must be compatible with the principles acknowledged by international tax law

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Přechová, Renáta. "Komparace vybraných forem podnikání zahraniční osoby v ČR." Master's thesis, Vysoké učení technické v Brně. Fakulta podnikatelská, 2011. http://www.nusl.cz/ntk/nusl-223145.

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The present diploma thesis is focused on the definition of differences resulting from the comparison of two chosen forms of doing business of a foreign person in the Czech Republic. It specifies differences from the viewpoint of the commercial law and the obligations as an accounting unit. Foremost, the thesis includes a detailed analysis from a tax point of view. The thesis involves a model example to define the precise amount of tax obligation incumbent on the both forms of business of a foreign person in the Czech Republic. This model example constitutes a basis for the final evaluation and to draw relevant conclusions. Suggestions and recommendations mentioned in this work can serve as an overview of the approach to the taxation of cross-border income and at the same time as a tool for the elimination of errors and discrepancies in connection with the chosen form of business of a foreign person in the Czech Republic.

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Wei, Ciao-Lin, and 魏巧玲. "The Legal System of Transfer Pricing Taxation of Intangible Assets." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/89158832565634502833.

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碩士 嶺東科技大學 財政系財稅與會計資訊碩士班 102 Abstract Due to the impact of technological advances, corporate globalization, multinational nature of the transaction between becoming increasingly complex. Because of differences in the international tax system, through the migration within the enterprise group company's products or services will be moved to low-tax countries or profits tax countries from high-tax countries increasingly common phenomenon, affecting the country of assessment and taxation fairness of taxation. In particular, the value of intangible assets in business increasingly large proportion of the transaction amount involved is very huge, and because of the intangible asset has a unique, easy to valuation, difficult or impossible to find a comparable transaction object, causing the tax authorities in checking intangible transfer pricing cases have some difficulty. Therefore, the value of intangible assets, whether in accounting, economics, law and the international community, are required to have an appraisal standards and specifications. And different evaluation purposes, are following its purpose specification on the suitability of the application of different evaluation methods. In the selection of evaluation methods, while it should according to their expectations, the principle of substitution and contributions to analysis and evaluation method selected. Regular trading method is selected again, using a different method of regular trading will produce different results, leading to both sides levied prone to controversy. Therefore, the choice of regular trading methods, should be carefully assessed. Optimizing the utilization of advance pricing agreement mechanism to avoid transfer pricing tax levied contentious issues of the checks and double taxation caused. Keywords: Transfer Pricing, Intangible Assets, Conventional Trading Methods, Advance Pricing Agreements

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Chen, Shu-Mei, and 陳淑美. "Discussion on the Issue of Implementing Transfer Pricing Taxation System in Taiwan." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/62180249279186227212.

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碩士 輔仁大學 會計學系碩士班 103 Abstract Title of Thesis：Discussion on the Issue of Implementing Transfer Pricing Taxation System in Taiwan Student：Shu-Mei Chen Advisor：Dr. Mei-Juh Huang Total Pages：108 Month/Year：06/2015 Key Words：Transfer Pricing, Profit-Seeking Enterprise Income Tax, Affiliated Enterprises Abstract： In order to minimize the effective tax rate for group of companies, the multinational enterprises manipulate the trading price between controllable affiliated enterprises to put the business profit in low tax rate country. As a result, that not only erodes the other country's tax base but also violates the principle of tax neutrality. For the purpose of deterring tax avoidance for multinational enterprises and assuring the tax collection and the right to tax them, Governments all over the world made the law to regulate transfer price when trading between related party or affiliated enterprises and it became a part of their tax law. In the light of that, most countries have set up transfer pricing regulations in recent years, and they keep an eye on whether all of the controlled transactions among overall affiliated enterprises conform to regular business practice. Regulations Governing Assessment of Profit-Seeking Enterprise Income Tax on Non-Arm's-Length Transfer Pricing (hereinafter referred to as the " Transfer Pricing Regulations") are enacted pursuant to the provisions set out in Paragraph 5,Article 80 the Income Tax Act by Ministry of Finance at Dec.28 2004 so as to meet the tax collecting trend worldwide and to secure the right to tax. This is the first anti-tax avoidance measure in Republic of China. It has been 10 years since the Transfer Pricing Regulations was issued. This study with a point of view of a tax auditor who conducts investigations of TP cases, and included 20 multinational enterprise cases which were found have tax avoidance through the transaction arrangement from 2006 to 2013. Moreover, this study analyzed why the cases were chosen by tax collection authority, how the chosen enterprises filed their income tax, where/what countries the foreign affiliated enterprises were located in as well as the types of controlled transactions, and which parts the tax collection authority will adjust, etc. This study also examined the error types and problems in companies’ TP report for tax collection authority to choose the enterprises to audit. The results of this study can be a reference for multinational enterprises to avoid some mistakes when filing profit-seeking enterprise income tax returns, and for the TP report makers when making the TP reports. After the investigation of this study, we found some deficiencies about transfer pricing regulations. And this study would like to give some suggestions for policy makers, multinational enterprises and certified public accountants, respectively.

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Pryma, Kateryna. "Transfer pricing and its effect on financial reporting and taxation." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-431350.

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The diploma thesis deals with the impact of transfer pricing on financial reporting and taxation for the companies operating under different accounting systems (US GAAP and IFRS). In theoretical part examined various methods of transfer pricing used in the United States, OECD-member countries and main considerations taken into account for the determination of arm's length range and transfer prices. In practical part shown the differences in approaches to transfer pricing in the USA and countries of pan-European area considering the connection with financial reporting and taxation.

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Cienciala, Jan. "Transfer pricing strategy as a tool for group tax planing." Master's thesis, 2011. http://www.nusl.cz/ntk/nusl-91289.

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Ho, Ching-Chiang, and 何靜江. "A Study of Transfer Pricing Tax System." Thesis, 2007. http://ndltd.ncl.edu.tw/handle/82333192778131419570.

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碩士 國立臺灣大學 高階公共管理組 95 The era of globalization has forced enterprises to become boundaryless with global network in order to make best use of global resources. From early foreign investments to recent more investments with mainland China, internationalization has become a mature business model. When multinational companies assess their cost based on raw materials, products, services, etc, taxation is also an important consideration. These companies would consider tax regulation in different countries to then decide where they would keep their profit to minimize overall taxation. Therefore, transfer pricing regulation has become an important factor in multinational tax planning, which has also maintained each country’s best interest in taxation. Taiwan’s transfer pricing compliance standard only came out since 2004. This study focus on Taiwan’s transfer pricing regulations with reference to OECD’s articles, comparison with other countries’ transfer pricing policies, and the understanding of Taiwan’s implementation issues. Following are recommended considerations on transfer pricing regulations and how business entities may conform to existing transfer pricing system: 1. Suggestions on Transfer Pricing Regulations: a. Amendment of Transfer Pricing Regulation No.34 According to the definition of arm’s length transaction which involves several judgments, tax payer is subject to penalty when the difference between the amounts claimed by tax authority versus tax payer is over a certain amount according to Transfer Pricing Regulation No.34 and Income Tax Act Article No.110. However, proof of evidence on tax payer’s willfulness or gross negligence on related party transactions shouldn’t also be considered as well? b. Need a clear definition of year-end one-time adjustment with the adjustment fall within the area of arm’s length range. In international practice, if tax payers’ related party transactions seem to deviate from arm’s length range, they can perform a year-end one-time adjustment. Taiwan has no real case or regulation yet and is recommended to set confirmed guidelines for compliance, e.g. besides income tax, should related indirect tax also be adjusted? If tax payer performs year-end one-time adjustment, should the adjustment always be the middle of arm’s length range according to Transfer Pricing Regulation No.7 ? c. It is recommended to raise the threshold of submitting transfer pricing report (Safe Harbor’s rule). Due to the need of enormous proof of evidence and judgment on arm’s length transactions, the cost of compliance for tax payer and also the cost of audit for tax authority are very high. Therefore, it is recommended to reduce the transfer pricing report preparation scope. d. Recommend to add Full Cost Mark-Up Method to be one of the profit indicators for Comparable Profit Method. Comparable Profit Method is a popular international practice commonly used among countries, especially the Full Cost Mark-Up Method used in the manufacturing industry where significant usage of operating asset activities can be reflected. This method is recommended for Taiwan’s consideration. e. It is recommended for Ministry of Finance (MoF) not to perform secret comparables during transfer pricing compliance check. MoF owns the country’s tax database which is not released to public and therefore affects the fairness of tax payer’s information. It is suggested for MoF to publicly announce not to reference to secret comparables. 2. Recommendations for business entities: a.Business entities should consider Advanced Pricing Arrangements (APAs) in advance. Transfer pricing report is for protective purpose which can not completely reduce the transfer pricing adjustment risk or to significantly reduce the time and cost of justification with tax authority. Setting the APAs in advance can help business entity to hedge future tax liability which will then reduce the contingent tax risk and therefore increase the efficiency and effectiveness of establishing business strategy. b.Recommend multinational enterprises to conduct global minimum taxation planning while adopting to transfer pricing regulation. Arm’s length principle suggests that the terms and price of enterprises’ related party transactions should be consistent to non-related party’s terms and price. Therefore, multinational enterprises need to consider each subsidiary’s organization function and risks, etc, which are also part of global minimum taxation planning activities, while adopting the transfer pricing regulation. c. Recommend to include transfer pricing system as part of internal control system. Transfer pricing report is not just for post reference but also an important evaluation tool at the beginning of transaction where circumstances and risks from all parties have been considered. Therefore, this should be included in internal control system for continual reviewing and monitoring. d. Suggest multinational enterprises to value tax and legal professionals. Multinational enterprises need to have professional expert team to help establishing and maintaining a global transfer pricing strategy. This requires tax and legal expertise in assessing global business activities, investment structures, business models, each country’s tax structure, and analyzing related party’s transfer pricing functions, risks, and asset management, etc.

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47

"International tax competition, transfer pricing and multinational investment: theory and evidence." 2007. http://library.cuhk.edu.hk/record=b5893307.

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Liu, Junyi. Thesis (M.Phil.)--Chinese University of Hong Kong, 2007. Includes bibliographical references (leaves 76-79). Abstracts in English and Chinese. Table of Content Abstract --- p.i Acknowledgement --- p.iii Table of Content --- p.iv Chapter Chapter 1 --- Introduction --- p.1 Chapter 1.1 --- "“Race to the bottom""" --- p.1 Chapter 1.2 --- The New Context of International Trade --- p.2 Chapter 1.3 --- Related party trade of Hong Kong --- p.4 Chapter 1.4 --- Transfer Pricing --- p.6 Chapter Chapter 2 --- The Theory --- p.9 Chapter 2.1 --- Introduction --- p.9 Chapter 2.2 --- Literature Review --- p.10 Chapter 2.3 --- The Model --- p.16 Chapter 2.4 --- MNC Manipulation Of Transfer Pricing --- p.20 Chapter 2.5 --- MNC Manipulation Of Host Country Demand --- p.25 Chapter 2.6 --- MNC Manipulation Of Explicit Benchmarks On Transfer Prices --- p.28 Chapter 2.7 --- The Race to the Bottom in International Tax Competition --- p.32 Chapter 2.8 --- Textbook Model without Transfer Pricing --- p.35 Chapter 2.9 --- Concluding Remarks --- p.37 Chapter Chapter 3 --- Empirical Evidence --- p.39 Chapter 3.1 --- Introduction --- p.39 Chapter 3.2 --- Related Literature --- p.41 Chapter 3.3 --- Data and Empirical Specification --- p.44 Chapter 3.4 --- Empirical Results --- p.51 Appendix --- p.58 List of Tables --- p.63 Table 1 Related Party Trade as a Share of U.S. Imports from Selected Countries and Regions --- p.63 Table 2 Related Party Trade as a Share of U.S. Exports from Selected Countries and Regions --- p.63 "Table 3A Top 10 Source Countries for Re-exports via Hong Kong, 2006" --- p.64 "Table 3B: Top 10 Destinations of Re-exports via Hong Kong, 2006" --- p.64 Table 4A: Top 10 sources of China's FDI in 2005 --- p.64 Table 4B: Top 10 sources of China's FDI in 2006 --- p.64 Table 4C Top 10 sources of China's FDI (January to March 2007) --- p.64 Table 5 Round Tripping of FDI to the PRC: The Case of U.S. --- p.65 Table 6 Top 24 Destinations for FDI in 2005 --- p.65 Table 7 Percentage of foreign firms reporting losses in the PRC --- p.65 Table 8 43 Countries by region --- p.66 Table 9 Gross Foreign Productions of U.S. Multinationals by Country from 1997 to 2004 --- p.66 Table 10 Tax Rates by Country from 1997 to 2004 --- p.67 Table 11 Original Corruption Index by country from 1997 to 2004 --- p.68 Table 12 U.S. MNCs' Internal Trade Ratio by country from 1997 to 2004 --- p.69 Table 13 - OLS Regression of Foreign Productions on Present Tax Rates --- p.70 Table 14 - OLS Regression of Foreign Productions on Present Tax Rates --- p.71 Table 15 OLS Regression of Foreign Productions on One-Year-Lag Tax Rate --- p.71 Table 16 OLS Regression of Foreign Productions on One-Year-Before Tax Rate --- p.72 Table 17 OLS Regression of Foreign Productions on Corruption A and B --- p.72 Table 18 OLS Regression of Foreign Productions on Corruption B and C --- p.73 Table 19 OLS Regression of Tax Rate on Country Dummies --- p.74 Bibliography --- p.76

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Garach, Bhaga Muljee Trisha. "South African transfer pricing income tax legislation: is there still a gap?" Thesis, 2017. https://hdl.handle.net/10539/24364.

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A research report to be submitted to the Faculty of Commerce, Law and Management in partial fulfilment of the requirements for the degree of Master of Commerce (specialising in Taxation), Johannesburg, 2017 Transfer pricing is a continuously evolving phenomenon and is a topical issue world-wide. With increasing inter-company cross-border transactions, multinational enterprises are using loopholes in the interaction of tax legislation of different countries as a tool to shift profits to a more favourable jurisdiction, thereby avoiding tax in the jurisdiction in which they are resident and eroding the resident jurisdiction’s tax base. This research report examines and discusses the substituted South African transfer pricing legislation that applies for the years of assessment commencing on or after 1 April 2012 as well as the related SARS guidance. An analysis of transfer pricing legislation and guidelines in three selected countries and the OECD transfer pricing guidelines will also be performed. The comparisons of the legislation and guidelines will highlight whether there are still weaknesses in the South African transfer pricing legislation and will indicate possible solutions to these weaknesses which will assist in reducing the erosion of the South African tax base. Key words: Tax, Transfer pricing, Tax avoidance, Base erosion and profit shifting, Multinational enterprises (‘MNEs’), South African Revenue Service (‘SARS’), Organisation for Economic Co-operation and Development (‘OECD’). GR2018

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Mendonça, Inês Alves Palhavã da Costa. "The system of Transfer Pricing in a multinational." Master's thesis, 2015. http://hdl.handle.net/10362/15608.

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Transfer prices are used by the majority of firms worldwide when intermediate products or services are transferred within the same organization. These prices are reported as revenue for the selling entity (division, unit, department etc.) and as cost for the buying entity. Nevertheless, transfer prices lead to many disputes among managers in the same organization as transfer prices influence the performance of their entities. In cross-border transactions, transfer prices can be used by firms to reduce corporate taxes and thus, increase total firm profits. In order to fight against this firms’ practice, tax authorities require firms to establish a transfer pricing system in accordance with OECD1 Transfer Pricing Guidelines.

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Le, Grange Alexander Michael. "A critical analysis of gaps and challenges in transfer pricing in Africa: a mining focused outcome." Thesis, 2017. https://hdl.handle.net/10539/25543.

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A research report submitted to the Faculty of Engineering and the Built Environment, University of the Witwatersrand, Johannesburg, in partial fulfilment of the requirements for the degree of Masters of Science in Engineering by advanced course work and research, March 2017 It is estimated that US$50 Billion is attributed to illicit financial outflows from Africa each year. This has created an environment in which African tax administrations have placed political pressure on industry and in particular the mining sector, to account for this erosion of tax bases across the African continent. Transfer pricing abuse by multinational enterprises in the mining industry has been attributed to a large portion of these illicit outflows. This report sets the objective of understanding African transfer pricing challenges, both general and mining specific, as well as initiatives addressing these challenges so as to identify the subsequent synergies and gaps that exist between the two. The following general challenges related to transfer pricing on the African continent were identified namely; effective policy and legislation addressing transfer pricing, sufficient skills and capacity in tax administrations, effective document requirements pertaining to transfer pricing transactions, access to comparable data databases and exchange of information between tax administrations. In addition to these general challenges, two mining specific challenges were identified namely; the complex nature of vertically/laterally integrated mining value chains and inadequate understanding by tax authorities of mining related transactions along the value chain in terms of function, asset and risk of each transaction. Of the six initiatives identified in the literature, the World Bank Group and Centre for Exploration Targeting sourcebook on transfer pricing in African Mining as well as the African Tax Administration Forum tax programs were selected through an Analytical Hierarchy Process as being the best aligned to deal with the challenges mentioned. Synergies between these two initiatives were identified in the areas of transfer pricing policy and legislation alignment as well as transfer pricing skills and capacity building. Gaps were identified under the practical ability to implement the outcomes from the World Bank Group sourcebook which requires a centralised body and multinational transfer pricing model positioned and able to carry out the transfer pricing recommendations from the sourcebook such as effective audits and skills and capacity building programs. The report concludes with a basic framework of how such a Multi-National Transfer Pricing Unit under ATAF might function, as a possible solution to addressing this gap. CK2018

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Dissertations / Theses on the topic 'Taxation system of transfer pricing'

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