1. Friday, 07 January 2022

    The ultimate guide to get you through a transfer pricing audit

    Did you or your company recently have to deal with a transfer pricing audit? If not, there is a good chance you will be faced with one soon. The number of transfer pricing audits (TP audits) has increased in recent years and the Special Tax Inspectors (BBI/ISI), like real “fraud hunters”, are paying more and more attention to this matter.

  2. Wednesday, 17 November 2021

    Public Country-by-Country Reporting takes last hurdle in legislation process

    On 11 November 2021, the European Parliament approved the implementation of what is commonly referred to as the public country-by-country reporting (CbCR) Directive.1 This formal approval of the European Parliament came after the recent publication of the position of the European Council.

  3. Tuesday, 16 November 2021

    Deadline for TP/innovation income deduction rulings

    The Service for Advance Decisions (SAD) indicated, in line with previous years, that prefiling requests or requests that are not preceded by a prefiling, concerning transfer pricing or the innovation income deduction and that relate to the calendar year 2021 (fiscal year 2022), must be filed by 31 January 2022 at the latest.

  4. Thursday, 16 September 2021

    Belgian Transfer Pricing Court Case

    In a recently published decision dd. 8 June 2021 of the Court of Appeal of Ghent relating to transfer pricing (nr. 2016/AR/455), the Court decided in favor of the taxpayer. The case originated from an audit initiated by the Special Investigation Squad (BBI/ISI) in 2009.

  5. Friday, 06 August 2021

    Updated Transfer Pricing Country Profiles published by OECD

    On 3 August 2021, the OECD published several updates with respect to the transfer pricing country profiles. Next to certain profiles being updated, some new country profiles were added. In total, 20 country profiles were updated of which 3 new countries were added, bringing the total number of countries covered to 60. These country profiles include the current state of the countries’ domestic legislation regarding key transfer pricing principles as well as an indication to what extent these rules follow the OECD Transfer Pricing Guidelines. The updates include two new sections, now also covering the transfer pricing treatment of financial transactions and the application of the Authorised OECD Approach (AOA) to attribute profits to permanent establishments. Furthermore, the OECD indicated that updates to the transfer pricing country profiles will be conducted in batches throughout the second half of 2021 and the first half of 2022.

  6. Tuesday, 20 July 2021

    Newsflash: Germany’s recent updates to its transfer pricing regulations

    On 8 June 2021, the German tax authorities have published developments relating to transfer pricing regulations in the federal gazette (which are part of the so-called “Act to Modernise the Relief from Withholding Tax and the Certification of Capital Gains Tax”). One of the key points of the legislation includes amendments to the provisions on the arm's length principle under the Foreign Tax Act. With these updates, the German regulations become more aligned with the OECD Transfer Pricing Guidelines regarding specific topics. Furthermore, the updates may have an impact on existing transfer pricing documentation and the scope of intangibles. The updates relating to the arm's length principle will be applicable to income and corporation tax for tax assessment period 2022. More updates are expected at a later stage. Furthermore, we include some observations relating to transfer pricing audits in Germany.

  7. Friday, 12 March 2021

    Proposal to disallow unilateral downward transfer pricing adjustments

    Newsflash from our Dutch colleagues of Atlas (WTS Global member) on the proposal to disallow unilateral downward transfer pricing adjustments.

  8. Tuesday, 02 February 2021

    Detailed overview and considerations of the OECD’s “Guidance on the transfer pricing implications of the COVID-19 pandemic”

    1. Introduction

    On 18 December 2020, the OECD released its guidance on the transfer pricing implications of the COVID-19 pandemic (“the Paper”).1 It represents the consensus view of the 137 members of the Inclusive Framework on BEPS.

    Although we understand that the process of drafting such guidelines, and obtaining a consensus from all relevant member states takes time, the guidance was published rather late in 2020. For companies that closed prior to 31 December 2020, the guidance was hence not yet available.

    Considering that, in our view, the OECD Transfer Pricing Guidelines (“OECD TPG) as such already provided sufficient guidance on how multinational groups should deal with transfer pricing in exceptional circumstances, the value of this additional guidance is rather limited to some useful confirmations, insights and illustrations. We, of course, understand that in these unprecedented times, an organization like the OECD wants to proactively provide guidance to taxpayers and tax administrations.

  9. Tuesday, 22 December 2020

    Guidance on the transfer pricing implications of the COVID-19 pandemic

    The OECD has released guidance on transfer pricing implications of the COVID-19 pandemic. This guidance represents the consensus view of the 137 members of the OECD/G20 Inclusive Framework on BEPS regarding the application of the arm’s length principle and the OECD Transfer Pricing Guidelines to issues that may arise or be exacerbated in the context of the COVID-19 pandemic.

  10. Monday, 14 December 2020

    Tiberghien comments on the OECD Blueprints on Pillar One and Pillar Two

    Commenting on the OECD 'Blueprints' published on Monday 12 October, Koen Morbée, partner at Tiberghien Lawyers, and Andy Neuteleers, partner at Tiberghien Economics, urged the OECD Centre for Tax Policy and Administration, when continuing its work on both Pillars, to give due attention to some basic principles of law like the principle of reality, the principle of legal certainty and the principle of equality. Quoting from the memoires of Albert Tiberghien, the founding father of the firm Tiberghien, they also respectfully questioned the disproportionate complexity both Pillars will bring in the field of national and international taxation. In addition, they addressed the difficult co-existence of two competing international tax systems and the further undermining of the at arm’s length principle.