The OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations provide guidance on the application of the “arm’s length principle”, which is the international consensus on transfer pricing, i.e. on the valuation, for tax purposes, of cross-border transactions between associated enterprises. In a global economy where multinational enterprises (MNEs) play a prominent role, transfer pricing is high on the agenda of tax administrators and taxpayers alike. Governments need to ensure that the taxable profits of MNEs are not artificially shifted out of their jurisdictions and that the tax base reported by MNEs in their respective countries reflect the economic activity undertaken therein. For taxpayers, it is essential to limit the risks of economic double taxation that may result from a dispute between two countries on the determination of an arm’s length remuneration for their cross-border transactions with associated enterprises.
After having been originally published in 1979, the OECD Transfer Pricing Guidelines were approved by the OECD Council in their original version in 1995. A limited update was made in 2009, primarily to reflect the adoption, in the 2008 update of the Model Tax Convention, of a new paragraph 5 of Article 25 dealing with arbitration, and of changes to the Commentary on Article 25 on mutual agreement procedures to resolve cross-border tax disputes. In the 2010 edition, Chapters I-III were substantially revised, with new guidance on: the selection of the most appropriate transfer pricing method to the circumstances of the case; the practical application of transactional profit methods (transactional net margin method and profit split method); and on the performance of comparability analyses. Furthermore, a new Chapter IX, on the transfer pricing aspects of business restructurings, was added. Consistency changes were made to the rest of the Guidelines.
Read about OECD efforts to help governments improve the domestic and global policies that affect business and markets in the wake of the global economic crisis.
The 2009 edition of the annual report focuses on consumer empowerment and responsible business conduct as well as providing an account of the actions adhering governments have taken over the 12 months to June 2009.
This Investment Policy Review examines Morocco’s achievements in developing an open and transparent investment regime and its efforts to reduce restrictions on international investment.
This list provides links to resources available to companies working in weak governance zones who are seeking guidance in the areas of: human rights, humanitarian law and security forces; anti-corruption; and fiscal issues.
Weak governance zones are defined as countries where governments are unable or unwilling to assume their responsibilities. Multinational enterprises recognise that they represent some of the most difficult investment environments. This Risk Awareness Tool helps them to identify some of the special risks that arise in these environments, those that are linked to government failures. It covers such topics as obeying the law and
The Investment Policy Review of India charts India's progress in developing an effective policy framework to promote investment for development, especially since the acceleration of economic reform from 1991 onward. It focuses on policies towards investment, trade, competition and other elements of the business environment. Finally, it outlines some of the challenges of implementing national-level reforms at state level.
English, , 336kb
This document reproduces the Report by the Chair of the Annual Meeting of the National Contact Points which was held in June 2009. It provides an account of the actions taken by adhering governments in the 12 months to June 2009 to enhance the contribution of the Guidelines to the improved functioning of the global economy.
The OECD's Guidelines for dealing with commercial transactions between different parts of a multinational group.
This Annual Report provides an account of the actions adhering governments took over the 12 months to June 2008 to enhance the contribution of the Guidelines to the improved functioning of the global economy. It also highlights key findings of the High-Level OECD-ILO Conference on Corporate Social Responsibility.