Wed, Jan 22, 2014

Transfer Pricing Times: Volume XI, Issue 1

In October 2013, the National Tax Agency (“NTA”) of Japan released its annual report on Mutual Agreement Procedure (“MAP”) and related APA statistics in its MAP Report 2012 for the administrative year ended June 30, 2013 (“2012 Report”). 

This report provides MAP statistics for the year (e.g., number of MAP cases, treaty partners, type of cases by industry and transaction, etc.). In addition, the 2012 Report provides bilateral APA statistics (i.e., an APA accompanied by MAP) including, among others, number of cases received, number of cases disposed of, and average processing time.

Please refer to the MAP Report 2012 on the NTA website.

Dutch Ministry of Finance Issues Domestic Guidance on the Application of the Arm’s Length Principle
On November 14, 2013, the Dutch Ministry of Finance (“MOF”) issued Decree Number IFZ 2013/184M (the “Decree”) which provides updated guidance on the application of the arm’s length principle, as well as on intangibles and services. The Decree replaces two previous decrees, IFZ 2001/295M and IFZ 2004/680M, issued by the MOF in March 2001 and August 2004, respectively. Important changes implemented by the Decree include, among others: (i) more detailed description of the application of the arm’s length principle under Art. 8b of the Corporate Income Tax Act; (ii) clarification of the list of shareholder activities; and, (iii) redefinition of the term “financial services.” The Decree is available in Dutch on the MOF’s website.

New Documentation Requirements in France Effective December 7, 2013
On December 7, 2013, new transfer pricing documentation requirements became effective in France. Multinational enterprises with subsidiaries in France that report annual consolidated revenue or gross assets above € 400 million will need to comply with the new transfer pricing documentation requirements set forth by article 223-5 B of the French tax code within six months following the due date of their annual tax return. The new transfer pricing documentation requirements mandate that certain information be included as part of the annual documentation (e.g., general description of activities performed by the group, specific information on the entity, methodology, etc.).

For details concerning the information required under the new transfer pricing documentation requirements, please refer to Article 223-5 B of the French tax code, available in French on the French government website.

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