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Author: S.K. Bilaney Publisher: ISBN: Category : Languages : en Pages :
Book Description
Transfer pricing is one of the most litigious areas of taxation. This article discusses transfer pricing litigation trends in India and various dispute resolution mechanisms available to taxpayers for resolving transfer pricing disputes. In addition, analyses of statistical data relating to results achieved by various dispute resolution mechanisms are also presented.
Author: S.K. Bilaney Publisher: ISBN: Category : Languages : en Pages :
Book Description
Transfer pricing is one of the most litigious areas of taxation. This article discusses transfer pricing litigation trends in India and various dispute resolution mechanisms available to taxpayers for resolving transfer pricing disputes. In addition, analyses of statistical data relating to results achieved by various dispute resolution mechanisms are also presented.
Author: Anuschka Bakker Publisher: IBFD ISBN: 9087221002 Category : Dispute resolution (Law). Languages : en Pages : 807
Book Description
This book addresses the complexity, valuation and administrative nuances, and cultural impacts of resolving this significant cross-border issue when tax disputes arise. In recent years, transfer pricing has become in financial terms the most important tax issue faced by multinational companies and tax authorities worldwide. In times of economic downturn, as experienced in recent years, when tax authorities are challenged for revenue, the handling of these issues requires great care, skill, creativity and a true awareness of the ramifications confronting each tax jurisdiction. This book sets out in detail not only the general laws in each tax jurisdiction impacted by the multinational companies' transfer pricing practices, but also the ancillary concerns of how the issue is interpreted locally as well as related to the OECD Guidelines; the varied approaches to administrative resolution of these issues, including specific alternative dispute resolution mechanisms and the effective uses of advance pricing agreements; correlative adjustment procedures in the event of transfer pricing adjustments; cross-border exchange of information concerns; and how to proceed to litigation if all else fails administratively. It is here that the book delves into the specific procedures for litigation in each country which must be evaluated as part of the overall strategy for controversy resolution. Unfortunately, today litigation is on the rise in numerous jurisdictions and the presumption of an administrative resolution is no longer correct. An additional feature of this book is how practical anecdotes are intertwined into the analysis to give the reader a sense of pragmatism for these issues. To this point, there are the various case studies which highlight the technicalities of the local rules, customs, and practices.
Author: Eduardo Baistrocchi Publisher: Cambridge University Press ISBN: 1139916289 Category : Law Languages : en Pages : 975
Book Description
Via a global analysis of more than 180 transfer pricing cases from 20 representative jurisdictions, Resolving Transfer Pricing Disputes explains how the law on transfer pricing operates in practice and examines how disputes between taxpayers and tax administrations are dealt with around the world. It has been designed to be an essential complement to the OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations, which focus on transfer pricing issues but do not refer to specific transfer pricing disputes. All of the transfer pricing cases discussed in the book are linked to the relevant paragraphs of the OECD Guidelines by means of a 'Golden Bridge', namely a table listing the cases according to the paragraphs of the Guidelines to which they refer. It therefore provides examples of the application of the Arm's Length Principle in many settings on all continents.
Author: Zvi Daniel Altman Publisher: IBFD ISBN: 9076078947 Category : Arbitration and award, International Languages : en Pages : 498
Book Description
As the interrelationship among tax bases continues to parallel the rapid development of the global economy, disputes among governments as to their right to tax international trade and investments under income tax treaties are expected to increase in number and scope. This study takes an in-depth look at the mechanisms used to resolve such disputes and how they interact with the interests of the various parties involved in the process. The study presents an analysis of the available literature, supplemented by statistical data from North America, Europe and Asia. Analysis of this data leads to interesting insights into the way the dispute resolution process functions when it is applied in different contexts. A comprehensive common framework of analysis, based on a checklist for governments, international organizations and taxpayers, is also developed in the study. This framework lists the main advantages and disadvantages of treaty-related international income tax dispute resolution procedures. The checklist is formulated with the aim to assist readers informing policies and in arguing positions, taking into account the subjective value given by each reader to each listed item. The study concludes by suggesting the creation of a new mechanism for the resolution of tax treaty-related disputes, and advocates, in part, the establishment of a new international organization with links to domestic judicial networks. This mechanism is then subjected to the same common framework analysis and checklist used in earlier parts of the study. The analysis suggests how such a mechanism would mitigate some of the most formidable challenges associated with the current dispute resolution procedures.
Author: David Wallen Chodikoff Publisher: ISBN: 9780414062856 Category : International business enterprises Languages : en Pages : 670
Book Description
This is a cross-jurisdictional reference book covering over 38 jurisdictions. It is split into two sections. Part one focuses upon transfer pricing. It gives the legislative framework, national policies and administrative approaches to transfer pricing; case law - current and past; penalties; special or notable cases related to penalties and finally, national and relevant international dispute resolution mechanisms. Part two is focused upon providing an overview of tax avoidance (and even more specifically, abusive tax avoidance). In order to help distinguish between legitimate tax avoidance plans or schemes, the first section identifies plans that remain valid as legitimate ways to minimize tax. Defining abusive tax avoidance is the second section - some nations are still struggling to define a satisfactory definition or parameters that constitute abusive tax avoidance. Other states have fully outlined the scope of abusive tax avoidance. The third section deals with the legislative framework. Followed by a section on case law and following that a section on penalties and finally, a section on current trends. This last section covers current national policy and legal trends and how international policies have in any way effected/shaped a jurisdiction's national policies.
Author: David Wallen Chodikoff Publisher: ISBN: 9780414033504 Category : International business enterprises Languages : en Pages : 0
Book Description
This is a cross-jurisdictional reference book covering over 30 jurisdictions. It is split into two sections. Part one focuses upon transfer pricing. It gives the legislative framework, national policies and administrative approaches to transfer pricing; case law - current and past; penalties; special or notable cases related to penalties and finally, national and relevant international dispute resolution mechanisms. Part two is focused upon providing an overview of tax avoidance (and even more specifically, abusive tax avoidance). In order to help distinguish between legitimate tax avoidance plans or schemes, the first section identifies plans that remain valid as legitimate ways to minimize tax. Defining abusive tax avoidance is the second section - some nations are still struggling to define a satisfactory definition or parameters that constitute abusive tax avoidance. Other states have fully outlined the scope of abusive tax avoidance. The third section deals with the legislative framework. Followed by a section on case law and following that a section on penalties and finally, a section on current trends. This last section covers current national policy and legal trends and how international policies have in any way effected/shaped a jurisdiction's national policies.
Author: H.M. Pit Publisher: ISBN: Category : Languages : en Pages :
Book Description
With the Council's adoption of the Directive on Tax Dispute Resolution Mechanisms on 10 October 2017, the resolution of tax disputes among Member States enters a new phase. What originally started in 1976 with a proposal for a directive to settle transfer pricing disputes by means of arbitration has led to the adoption of a directive in 2017 for all disputes among Member States on the interpretation and application of their mutual tax treaties on income and capital. This Directive aims at improving existing dispute resolution mechanisms contained in these tax treaties and the EU Arbitration Convention. To that end, four specific objectives have been defined in the directive's preamble, which are (1) broadening the scope of application of the EU Arbitration Convention to all disputes concerning the application and interpretation of tax treaties between Member States; (2) ensuring legal certainty for taxpayers; (3) ensuring effectiveness and efficiency; and (4) ensuring transparency. This article examines whether each of these objectives is attained in light of the experiences gained with the EU Arbitration Convention.
Author: David Rosenbloom Publisher: ISBN: Category : Dispute resolution (Law) Languages : en Pages :
Book Description
Consists of the first three chapters of the 2011 edition which have been updated based on information available up to 15 September, 1 August, and 31 July 2014, respectively.
Author: Ravikant Gupta Publisher: Bloomsbury Publishing ISBN: 938614171X Category : Business & Economics Languages : en Pages : 532
Book Description
About the book The growing importance of the intangible assets in the global economy coupled with expanding international intra-firm trade, has meant that transfer pricing issues concerning intangibles have assumed critical importance for both the Multi National Enterprises as well as Tax authorities. The identification, accounting & valuation of intangibles is a challenging and evolving field. This volume details the various such issues and concerns from both industry and revenue perspective. Further, the contemporary issues of digital economy, tax planning, BEPS, GAAR have also been extensively dealt with. Key features · Explains in detail the meaning of various types of intangibles as defined in Income Tax Act. · Discusses the various possible methodologies for valuing the intangibles including the typical and residual methods · Accounts for all the relevant changes suggested by the OECD in the BEPS Action Point 8-10 report regarding intangibles · Valuation of Highly Uncertain as well Hard-to-Value Intangibles · Relevant Features of and taxation challenges posed by Digital economy · Various possible techniques of Tax Planning adopted by the Multi-national Enterprises · All the BEPS Action Point Reports along with recommendations as adopted globally as well as in India including Thin Capitalisation, PoEM, Equalisation Levy, amended DTAAs with Mauritius, Cyprus & Singapore {Updated upto Finance Bill, 2017 (India)} · Transfer Pricing Aspects of CCAs, Intra-group Services & Business Restructuring including issue of indirect transfers · Discussion on General Anti Avoidance Rules, to be implemented in India from 01/04/2017 · Famous and important global and Indian case laws with regard to intangibles · Detailed discussion on issue of AMP expenses & marketing intangibles
Author: S.K. Bilaney
Author: S.K. Bilaney
Author: Anuschka Bakker
Author: Eduardo Baistrocchi
Author: Zvi Daniel Altman
Author: David Wallen Chodikoff
Author: David Wallen Chodikoff
Author: H.M. Pit
Author: David Rosenbloom
Author: Ravikant Gupta
Author: Steve Edge