Under both the OECD Transfer Pricing Guidelines and US regulations, a related-party distributor can be a loss-making entity. Losses are permissible when justified by a functional analysis, a documented business strategy, or adverse economic conditions – provided the losses are not open-ended and remain consistent with arm’s length behavior. How to Assess Whether a Distributor’s
Low value-adding intra-group services (LVAS) are routine support functions – such as HR, IT, and accounting – that do not create unique intangibles or carry significant risk. Under Chapter VII of the OECD Transfer Pricing Guidelines (2022), qualifying services may be priced using a fixed 5% mark-up on eligible costs, with no benchmarking study required.
It depends. Some countries ask for the local file preparation if there are transactions, no matter the value of them, some ask only if the transaction or entity exceeds a set threshold. To understand if you need to have a local file documentation, you need to consider a few main aspects:
Global minimum tax is an OECD initiative introduced as a part of the BEPS program. The idea behind this initiative is to ensure that big multinational corporations are taxed at an effective tax rate of at least 15%. Most countries added this initiative to their local legislation. The entry into force date varies among the countries, for example, the EU has implemented the regulation from January 2024.
Amount B is a part of Pillar One from the OECD BEPS program. The purpose of Amount B is to act as a safe harbor for baseline marketing and distribution services.
Currently, the future of Amount B isn’t clear. As its implementation is optional, some countries including Germany and the Netherlands, already announced that they aren’t going to implement it.
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