International Taxation (Transfer Pricing)

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International Taxation (Transfer Pricing)

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Guidance Note on Report under Section 92E of the Income Tax Act, 1961 (Transfer Pricing)


1.    Transfer Pricing Law in India

TRANSFER PRICING

Meaning
       
Commercial transactions between the different parts of the multinational groups may not be subject to the same market forces shaping relations between the two independent firms. One party transfers to another goods or services, for a price. That price is known as “transfer price”. This may be arbitrary and dictated, with no relation to cost and added value, diverge from the market forces. Transfer price is, thus, a price which represents the value of good; or services between independently operating units of an organisation. But, the expression “transfer pricing” generally refers to prices of transactions between associated enterprises which may take place under conditions differing from those taking place between independent enterprises. It refers to the value attached to transfers of goods, services and technology between related entities. It also refers to the value attached to transfers between unrelated parties which are controlled by a common entity.
       
Suppose a company A purchases goods for 100 rupees and sells it to its associated company B in another country for 200 rupees, who in turn sells in the open market for 400 rupees. Had A sold it direct, it would have made a profit of 300 rupees. But by routing it through B, it restricted it to 100 rupees, permitting B to appropriate the balance. The transaction between A and B is arranged and not governed by market forces. The profit of 200 rupees is, thereby, shifted to the country of B. The goods is transferred on a price (transfer price) which is arbitrary or dictated (200 hundred rupees), but not on the market price (400 rupees).

Thus, the effect of transfer pricing is that the parent company or a specific subsidiary tends to produce insufficient taxable income or excessive loss on a transaction. For instance, profits accruing to the parent can be increased by setting high transfer prices to siphon profits from subsidiaries domiciled in high tax countries, and low transfer prices to move profits to subsidiaries located in low tax jurisdiction. As an example of this, a group which manufacture products in a high tax countries may decide to sell them at a low profit to its affiliate sales company based in a tax haven country. That company would in turn sell the product at an arm's length price and the resulting (inflated) profit would be subject to little or no tax in that country. The result is revenue loss and also a drain on foreign exchange reserves

        2.     Relevant Definitions

1       Accountant
 
2 Transfer Pricing - Arm's length price
 
3 Enterprise
 
4 Permanent establishment
 
5 Transaction
 


3 Computation of Arm's Length Price
4 Meaning of International transaction
5 Reference to Transfer Pricing Officer
6 Maintenance and keeping of information and document by persons entering into an international transaction
7 Report from an accountant to be furnished under section 92E
8 Penalty for failure to keep and maintain information and document in respect of international transaction
9 Penalty for failure to furnish information or document under section 92D
10 Time limit for furnishing Form No. 3CEB  - On or before 30th November of the relevant Assessment Year.
11 Computation of Income from international transaction having regard to arm's length price
12     Meaning of specified domestic transaction
13      Power of Board to make safe harbour Rules
14      Advance Pricing Agreement
15      Effect to advance pricing agreement​​​
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