![]() ![]() ![]() ![]() The guidance contains three main components: (i) an outline of principles underlying the application of the HTVI approach (ii) a number of examples clarifying the application of the HTVI approach and (iii) specifics on the interaction between the HTVI approach and access to the mutual agreement procedure. As a result, the guidance is intended to improve consistency and mitigate the risk of economic double taxation. This guidance aims to reach a common understanding and practice on how to apply adjustments for HTVI. The new guidance for tax administrations 2 was approved in 2018 and now has been incorporated into the 2022 edition of the OECD TP Guidelines. In summary, the HTVI approach authorizes tax administrations to use ex post evidence on the financial outcomes of an HTVI transaction (i.e., information gathered in hindsight about how valuable an intangible has turned out to be) as presumptive evidence on the appropriateness of the ex ante pricing arrangements. The guidance was developed to tackle the asymmetry of information available between taxpayers and tax administrations regarding the potential value of an HTVI, when it is transferred. ![]() The treatment of Hard-to-Value Intangibles (HTVI) for transfer pricing purposes was addressed in the report of BEPS Actions 8-10 and incorporated in the 2017 edition of OECD TP Guidelines. Guidance for tax administrations on Hard-to-Value Intangibles The revised guidance also includes several examples illustrating the principles discussed. It also expands on how the profit split method should be applied, including determining the relevant profits to be split and the appropriate profit-splitting factors. The revised guidance is intended to clarify and expand on when a profit split method may be the most appropriate method. The basic premise of the profit split method remains unchanged (i.e., to apply the transactional profit split method where it is found to be the method most appropriate to the particular case). This guidance amends the guidance on the transactional profit split method in Chapter II of the 2017 edition of the OECD TP Guidelines. The revised guidance on the transactional profit split method 1 was developed under the mandate of BEPS Action 10 and was approved in 2018. Revised guidance on transactional profit split method The report Transfer Pricing Guidance on Financial Transactions, published on 11 February 2020. The report Guidance for Tax Administrations on the Application of the Approach to Hard-to-Value Intangibles, published on 21 June 2018. The report Revised Guidance on the Application of the Transactional Profit Split Method, published on 21 June 2018. This latest edition consolidates the changes made to the 2017 edition of the OECD TP Guidelines resulting from three reports: On 20 January 2022, the OECD published the 2022 edition of the OECD TP Guidelines. The 2017 edition incorporated substantial revisions to reflect clarifications and revisions contained in the 2015 BEPS Reports on Actions 8-10 (Aligning Transfer Pricing Outcomes with Value Creation) and Action 13 (Transfer Pricing Documentation and Country-by-Country Reporting). The 2010 edition also included the addition of Chapter IX on the transfer pricing aspects of business restructurings. In the 2010 edition, Chapters I-III were substantially revised, with new guidance on: (i) the selection of the most appropriate transfer pricing method for the circumstances of the case (ii) the practical application of transactional profit methods and (iii) the performance of comparability analyses. A limited update was issued in 2009, primarily to reflect the adoption of the arbitration clause in the 2008 update of the Model Tax Convention. Detailed discussion Backgroundįollowing its first publication in 1979, the original version of the OECD TP Guidelines was approved by the OECD Council in 1995. It also includes some related changes for consistency. It incorporates the following three revisions of the 2017 edition: (i) revised guidance on the transactional profit split method approved by the OECD/Inclusive Framework on BEPS in 2018 (ii) guidance for tax administrations on the application of the approach to Hard-to-Value Intangibles approved in 2018 and (iii) transfer pricing guidance on financial transactions approved in 2020. The 2022 edition of the OECD TP Guidelines mainly reflects a consolidation of a number of reports resulting from the OECD/G20 Base Erosion and Profit Shifting (BEPS) Project. On 20 January 2022, the Organisation for Economic Co-operation and Development (OECD) released the 2022 edition of the OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations (OECD TP Guidelines). ![]()
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