Skip to main content

Drafting Transfer Pricing Legislation: Taxes Covered

Depending on the design of a country’s tax system, application of the arm’s-length principle may be relevant in determining the taxable objects for one or more direct taxes (income tax, corporate tax, profits tax, etc.). Generally, most countries’ transfer pricing legislation has broad application across direct taxes. One notable exception being Ireland, where the transfer pricing legislation introduced in 2010 applies only to certain classes of income for direct tax purposes. 

Countries with other specific types of direct taxes governing specific sectors or transactions types (such as a mining income tax) may need to consider application of transfer pricing legislation to them. Typically, this would be achieved through separate provisions being inserted in the relevant taxing acts. However, where a consolidated tax code has been adopted, a single set of legislation may be possible. Transfer pricing provisions may also be necessary for other types of taxes such as a resources royalty particularly where the base or rate of the tax is linked to income, expenses, or profits, and the value of which may be impacted by controlled transactions.

General application of transfer pricing legislation designed for direct taxation purposes to indirect taxes (such as value added tax [VAT] and customs duties) is typically not appropriate. Customs legislation generally contains its own specific valuation methodologies, which in most countries will be based on the valuation agreement that is binding on World Trade Organization (WTO) members. Although sharing a similar objective to transfer pricing legislation, the customs’ valuation methodologies do not necessarily align with the arm’s-length principle upon which the direct tax transfer pricing legislation is generally based. This is due to how customs duties are levied on a transactional basis, at the time of import or export and the differing requirements stemming from international law. VAT is typically calculated based on the transaction price used by the parties or, as is often the case for imported goods, the customs value declared. Thus, in most circumstances the calculation of VAT does not require a substituted valuate based on objective criteria, except where special valuation rules for related party transactions exist.

Comments

Popular posts from this blog

Understanding EORI: Essential Insights for Businesses Engaged in International Trade

In the ever-evolving landscape of global trade, businesses must navigate a complex web of regulations and procedures. One critical aspect of this framework is the Economic Operators Registration and Identification (EORI) system. This article aims to demystify EORI, explaining its purpose, benefits, and the process of obtaining and using it effectively. What is EORI? The Economic Operators Registration and Identification (EORI) system is a mechanism implemented by the European Union (EU) to streamline and standardize the identification of economic operators involved in international trade. An economic operator is any business entity or individual that engages in activities related to the import or export of goods. The EORI number is a unique identifier assigned to these operators , facilitating smoother interactions with customs authorities across EU member states. Purpose of EORI The primary purpose of the EORI system is to simplify customs procedures by ensuring that each ...

Prime Minister Modi's Upcoming Visit to Russia: A Trade Perspective

Introduction On July 8, 2024, Indian Prime Minister Narendra Modi is set to embark on a three-day visit to Russia. This visit holds significance as it marks his first bilateral engagement since taking office for a rare third consecutive term as India's prime minister. Traditionally, Modi has chosen neighboring countries for his initial foreign visits, emphasizing India's neighborhood as a foreign policy priority. However, this time, the choice of Russia and Austria may seem unconventional. Let's delve into the reasons behind this decision and explore the trade implications of Modi's visit to Russia. Background: India-Russia Relations India and Russia share a longstanding relationship that dates back to the Indo-Soviet Treaty of Peace, Friendship, and Cooperation signed in 1971. Despite the collapse of the Soviet Union in 1991, their ties have endured, with annual India-Russia summits playing a crucial role in anchoring this partnership. Defense and energy cooperation ha...

Government’s Push: Boosting India’s Plastic Exports via SEZs

Overview The Indian government has been pushing to boost the country's plastic exports through Special Economic Zones (SEZs) and incentives. The SEZ scheme was introduced in India on April 1, 2000, to enhance foreign investment and provide an internationally competitive and hassle-free environment for exports. The SEZ policy has been successful in promoting private investment in industrial activity, infrastructure investment, employment, and exports since its introduction. According to the Ministry of Commerce and Industry, SEZ exports increased by 3.3% between 2005-06 and 2020-21, from INR228.40 billion to INR7595.24 billion, and investment in SEZs increased by 15.3% during the same period, from INR40.355 billion to INR6174.99 billion. The government's push to boost India's plastic exports via SEZs and incentives is expected to further increase the country's exports and attract foreign investment. The SEZs offer incentives to resident businesses, such as competitiv...