Transfer PricingIMF Academy
- 40 Lernstunden
Häufig gestellte Fragen
· Welche Ziele werden in diesem Kurs verfolgt?
This Transfer Pricing course will focus on major Transfer Pricing issues and concerns that all professionals involved in the complex area of Transfer Pricing will face such as: Business Restructuring and Valuation, Transfer Pricing Legislation and Guidelines, Documentation Requirements per region and per country, Transfer Pricing Project and Risk management, Transfer Pricing (pre-) Controversy Management, Design and Development of a Transfer Pricing Policy, types of Intercompany Transactions, Intellectual Property, Customs and, of course, the implications of BEPS for Transfer Pricing.
· An wen richtet sich dieser Kurs?
This toplevel distance learning course on Transfer Pricing was designed to provide in-depth training for financial, tax and Transfer Pricing professionals who are interested in expanding their knowledge of the theory and practice of Transfer Pricing. The course is relevant for Transfer Pricing Managers, (inter)national Tax Managers and firms, Finance Directors, Treasurers, Senior Executives with an interest in the latest developments in Transfer Pricing and Lawyers and accountants who serve their clients with Transfer Pricing issues and have to guide them in the ever-changing Transfer Pricing environment. Note! Salary surveys among accountants, lawyers and economists reveil that practitioners with advanced Transfer Pricing knowlegde often earn more than twice as much as their counterparts with equivalent education and experience who lack Transfer Pricing expertise.
There are no requirements for this course.
· Worin unterscheidet sich dieser Kurs von anderen?
IMF Academy is an independent publisher focusing on business information for managers and decision-makers in large and middle-sized companies and non-profit organisations. During the past 20 years, we gained a solid reputation by providing to-the-point and valuable information about topics both critical and of current interest. We are specialist in providing business information by means of distance learning courses; courses fully aimed at self-study. Topics vary from subjects in the area of Information Technology, Finance/Tax, Project Management and (IT) Security Management. Most courses are in the Dutch language; others are published worldwide in the English language. Our courses are mainly edited by specialists working at the large international consultancy organisations like (among many others) PwC, KPMG, Deloitte, Atos Origin, IBM Business Consulting Services, Capgemini, EY (Ernst & Young), Sogeti and Transfer Pricing Associates. Our authors and trainers are all leading specialists in their field.
· Welche Schritte folgen nach der Informationsanfrage?
The course consists of 11 lessons, each of which will require about 4 hours of self-study. Next to the lessons, you will also receive 'The Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations' by OECD. All course participants receive a Certificate of Participation.
Was lernen Sie in diesem Kurs?
Documentation Requirements in the regulatory context of Transfer Pricing
Transfer Pricing Legislation and Guidelines
Design and Implementation of a Transfer Pricing Policy
Transfer Pricing Documentation: practical aspects
Transfer Pricing (pre-) Controversy Management
Transfer Pricing Project and Risk Management
Types of inter-company Transactions
Transfer Pricing of Intangibles
Business Restructuring and Valuation
Transfer Pricing and Customs
IMF is an independent publisher of distance learning courses and organizer of hot topical classroom based trainings and in-company trainings. Should you have questions of suggestions, please contact us at +31 40 246 02 20 or firstname.lastname@example.org
How to deal with international TP risk?
TP has drawn the attention of tax authorities worldwide. New rules, documentation requirements and different interpretation given to the OECD TP guidelines by both tax authorities and multinationals have created ground for many disputes.
This course will focus on major TP issues and concerns that all professionals involved in the complex area of TP will face such as: Business Restructuring and Valuation, TP Legislation and Guidelines, Documentation Requirements per region and per country, TP Project and Risk management, TP (pre-)Controversy Management, Design and Development of a TP Policy, types of Intercompany Transactions, Intellectual Property and Customs.
This new toplevel distance learning course has been designed to provide in depth training for financial, tax and TP professionals who are interested in expanding their knowledge of the theory and practice of TP.
The course is relevant for TP managers, (inter)national tax managers and firms, finance directors, treasurers, senior executives with an interest in the latest developments in TP and lawyers and accountants who serve their clients with TP issues and have to guide them in the ever-changing TP environment.
You will be introduced to the context of the transfer pricing process and some of the basic principles, terminology and methodologies used in the field of transfer pricing. The subsequent lessons will address the principles in-depth. This lesson will describe the context of the transfer pricing process from a practical perspective. The process will introduce you to connect theory and practice so that you are able to apply relevant legislation to draft a transfer pricing document that is compliant with the requirements. Appropriate transfer pricing documentation ensures compliance with applicable legislation and reduction of risk exposure to penalties.
Documentation Requirements: regulatory context: Transfer Pricing
You will find guidance in respect of the transfer pricing rules in certain regions such as the European and Asia-Pacific region. Transfer pricing rules find their origin in the OECD Guidelines or PATA Guidelines that have set the general standards for transfer pricing. This lesson provides an overview of transfer pricing rules on a regional basis, with a high-level discussion of these regional transfer pricing rules. This part explains about legal aspects in relation to the documentation requirements for taxpayers in order to demonstrate the tax authorities that inter-company transactions are carried out on an arm’s length basis.
This part is based on the OECD Transfer Pricing Guidelines, PATA Guidelines and the working document that was prepared by the EU Joint Transfer Pricing Forum and resulted in a Code of Conduct on transfer pricing documentation for associated enterprises in the European Union. Topics addressed include:
- the purpose of transfer pricing documentation;
- the burden of proof regarding the arm’s length nature of inter-company transactions;
- the content of good and effective documentation, and
- the approach followed by the Commission of the European Communities on EU-wide transfer pricing documentation.
With regard to European documentation, the differences between documentation by means of a so-called ‘Masterfile’ and country-specific documentation will be discussed, including scope and content of both types of documentation.
Documentation Requirements: Regional and Country Specific
You will read about the transfer pricing rules in certain countries. As already mentioned, transfer pricing rules find their origin in the OECD Guidelines that have set the general standards for transfer pricing. Multiple countries have adopted these principles, introducing specific local rules that may, sometimes significantly, deviate from the OECD concepts. This part provides an overview of transfer pricing rules on a country-by-country basis, with a high-level discussion of the various localized transfer pricing rules. Countries that will be dealt with include China, Germany, Japan, the United Kingdom, India, Latin America and Australia.
Design and Implementation of a Transfer Pricing Policy
You will learn the basics of design and implementation of a transfer pricing policy, for example how the operating margin is allocated to each of the companies within the MNE. The key action point is to translate the roles and responsibilities of a related entity into an appropriate compensation method. I.e. where a sales operation in Country A acts as a profit centre, poor management of its operations could put the affiliate in country A into a loss-making position. A profit centre tends to be compensated on a gross margin basis. The implementation – e.g. drafting intra-group agreements – has to reflect as accurately as possible the design of the transfer pricing system.
Transfer Pricing Documentation in Practice
Through various case studies, the ‘hands on’ transfer pricing is being displayed. This section includes work plans, timelines and work flows written by experienced transfer pricing specialists.
Transfer Pricing (pre-) Controversy Management
Lesson 6, Transfer Pricing (pre-) Controversy Management enters into audits, going to court, Advance Pricing Arrangements (APAs), Mutual Agreement Procedures (MAPs, often referred to as Competent Authority Procedures), and the EU Arbitration Convention. The common theme of these topics is dispute avoidance and dispute resolution: in each process from initial audit to going to court or entering into arbitration, a settlement with the tax authorities involved will have to be reached with regard to the transfer pricing method and model (to be) applied. With respect to the audits and going to court common practices are discussed as well as landmark transfer pricing court cases. The APA is a proactive instrument: it enables taxpayers to obtain certainty in advance about intra-group transactions that have not yet occurred and thus minimizing the risk of controversy. Both the MAP and the procedure from the EU Arbitration Convention are applicable, only if the tax authorities involved do not agree to the transfer pricing method or model used for a certain inter-company transaction, and have instituted, or announced the institution of an additional assessment.
As a consequence of the increased attention for transfer pricing, both from a governmental and a corporate perspective, more and more taxpayers are entering into an APA procedure in order to proactively manage the main transfer pricing risks as well as to explore the opportunities of such a procedure in an effective way. In this part of the course, the main principles of the APA regime, the MAP process and the process under the EU Arbitration Convention will be dealt with.
Transfer Pricing Project and Risk Management
Transfer Pricing Project and Risk Management provides you with an insight into the practical aspects of managing a transfer pricing project and managing transfer pricing risks. Before starting an exercise to design and implement a transfer pricing policy, the MNE might want to check what the tax risk is by conducting its own risk assessment. In order to assess the risk it can be useful to gain insight in how Tax Authorities make a pre-assessment of the transfer pricing risks. The Australian Tax Authorities (ATO) for example decides whether to proceed to a transfer pricing audit by looking at the status of the two following variables within the company under pre-assessment:
- The quality of the company’s processes and documentation, and the commercial realism of their outcomes.
- The quality of a company’s processes and documentation can generally be assessed as falling into broad categories, ranging from low, which will increase the likelihood of an audit, to high, which will decrease the likelihood of an audit. To decrease the possibility of an audit, a company should have processes that allocate income and expenses in accordance with the arm’s length principle.
Special File: Types of Inter-Company Transactions
Special File: Types of Inter-Company Transactions will go into more detail regarding all the various types of inter-company transactions that occur in practice and their treatment from a transfer pricing perspective. Transactions addressed include:
- headquarter type of services such as management support, finance and administrative support, HR support and IT support;
- centralised procurement;
- (contract) manufacturing;
- logistics, and
- sales and marketing.
Special File: Intellectual Property (IP)
Special File:Intellectual Property (IP) will go into more detail regarding the specifics of inter-company transactions involving IP and their specific treatment from a transfer pricing perspective. In Lesson 9 we will start by defining IP. As there is no single definition of IP in use today by tax authorities or the OECD, we provide a framework in order to capture the various characteristics of IP. Next, we touch upon the methods that have been provided by the OECD to establish arm’s length pricing or valuation of intra-group transactions of IP, as well as the practical implementation of these methods. Following the methodology, we illustrate developments in the area of IP by means of a discussing landmark court cases.
Lesson 9 will conclude with a couple of multiple choice questions to test your basic knowledge of IP and how it is treated from a transfer pricing perspective. A list of recommended literature will also be included at the end of this lesson.
Special File: Business Restructuring and Valuation
This part will address transfer pricing issues related to a change of the supply chain that aims at arriving at a beneficial business model (conversion) and the valuation issues that are related to those changes. Ultimately, the decision on a new business model should be driven by business objectives. At the same time, certain tax objectives can be met if the tax implications are recognized and managed in the (pre-)restructuring phase. In this way, a result could be achieved that enhances both business goals and tax management.
Tax implications become relevant, if upon restructuring a reallocation of functions and risks is effectuated. Tax authorities may take the position that a so-called ‘exit charge’ (or deemed goodwill transfer) should be added to taxable profits when the earning potential of a taxpayer is reduced by such a reallocation. Closing profitable business operations, and restarting them in low-cost regions in particular, generate goodwill issues that must be analyzed thoroughly. Lesson 10 will address the issues described above primarily from an economic perspective. In addition the latest developments regarding the OECD discussion draft on business restructurings will be discussed. Furthermore, case-study examples will be introduced to discuss opportunities and risks in the area of tax-aligned supply-chain restructurings.
Special File: Customs
This part will address the following topics:
- Differences in the aims and objectives of the two sets of rules for Transfer Pricing and Customs;
- Unilateral responses: the example of the US response;
- The debate at the international level (OECD-WCO-WTO) and the case for achieving converging standards;
- Divergences between transfer pricing systems and customs laws with regard to:
- 'related party' concept;
- methods of valuation, and
- documentation requirements
- Price adjustments and the approach of tax authorities in relation to direct taxes and customs authorities.