2 February 2026 the OECD has released a new 2026 version of the Manual on Effective Mutual Agreement Procedures (MEMAP). The Manual supports the broader focus of the BEPS Inclusive Framework and Forum on Tax Administration (FTA) to improve international tax dispute resolution as part of the tax certainty agenda. Building on the 2007 edition, it provides non-binding, comprehensive practical guidance to competent authorities and taxpayers on the effective conduct of the Mutual Agreement Procedure (MAP). It features 59 best practices targeted at both competent authorities and taxpayers that were developed directly by competent authorities in the FTA MAP Forum, based on input from all stakeholders and grounded in over a decade of experience. Beyond detailed procedural guidance, the Manual addresses organisational considerations, such as the ideal staffing of a competent authority function and the solution-oriented mindset required to handle cases effectively. It also outlines ... Continue to full case

18 December 2025 the Dutch tax authorities issued guidance for Tax and Customs Administration employees on the design and points of attention for the TP risk analysis. Mapping a taxpayer’s transfer pricing system and transfer pricing issues is often a complex task. The memorandum aims to provide guidance for a broad transfer pricing risk analysis. It focuses specifically on the information that may be requested for the analysis. The memorandum is structured as follows: a. Brief explanation of the transfer pricing documentation and country-by-country reporting obligations (see section 2) b. Preparation of the TP analysis (see section 3) c. Discussion of the company (see section 4) d. Possible additional information required for the TP analysis (further questions) (see section 5) e. Analysis to arrive at choices for treatment (see section 6) Click here for Unofficial English translation Click here for other translation ... Continue to full case

Coca-Cola Vietnam's intragroup purchases of concentrate from related parties produced profits below the arm's length interquartile range established by the company's own benchmarking study. The Vietnamese tax authority applied the company's own comparables to restate taxable profits for multiple years between 2007 and 2015, raising an assessment of approximately VND 362 billion. The court upheld the assessment in November 2025, with the Ministry of Finance issuing an official statement on the outcome ... Continue to full case

On 24 November 2025, HMRC released new operational guidance on the use of benchmarks, the narrowing of the arm’s-length range, and adjustments to the median. If the HMRC determines that a taxpayer’s transfer pricing results in outcomes that fall outside the arm’s-length range, it will adjust the pricing, and according to the new guidance, the median is likely to be the most appropriate basis for making these adjustments ... Continue to full case

The OECD has released the contents of the 2025 update to the OECD Model Tax Convention. The main changes are as follows: Changes to Article 25 and its Commentary that include as a new paragraph 6 of Article 25 a provision that confirms the role of competent authorities in determining whether a matter falls within the scope of a tax treaty for purposes of the dispute resolution mechanisms provided under the General Agreement on Trade in Services (GATS). Changes to the Commentary on Article 5 to clarify the circumstances in which an individual’s home could constitute a “place of business” of the enterprise for which the individual works. These changes are an evolution of existing principles and ensure the Commentary reflects modern working arrangements, providing additional certainty as to when a fixed place of business permanent establishment will, and will not, be created by an ... Continue to full case

At this year’s event in Vienna, experts further explored emerging jurisprudence as transfer pricing cases continue to be litigated in a growing number of jurisdictions, emphasizing the importance of legal interpretation as well as technical transfer pricing analyses. Each session at the event focused on a specific topic, with selected cases illustrating key legal issues, followed by insightful discussions among panellists and participants. With 23 cases from all over the world, this event brought together experts from academia, advisory firms, the business sector, government bodies, and international organizations to share their perspectives and insights on these pivotal cases. • CAPITARIA SA / Chile • Futaba Czech sro / Czech Republic • Meda AB / Sweden • Abb Ltda / Colombia • UFI Filters / Italy • Viva Décor TOV / Ukraine • Alcoa / Australia • Kraftwerke A AG / Switzerland • Kulch SpA / ... Continue to full case

The Australian Taxation Office’s draft Practical Compliance Guideline PCG 2025/D2 explains how the ATO assesses the tax risk of inbound cross-border related-party financing arrangements and the factors it takes into account. It also sets out the compliance framework the ATO follows when determining the appropriate interest rate or other pricing for such arrangements. Because the document is still in draft form, it has no effect until it is finalised. When issued, it will apply exclusively to inbound cross-border related-party financing arrangements ... Continue to full case

31 May 2025 the Dutch tax authorities issued transfer pricing guidance on guarantee fees. The memo addresses the assessment of the tax consequences of the provision of guarantees by a group entity, usually the ultimate holding company, to another group company in the group. Click here for Unofficial English translation Click here for other translation ... Continue to full case

31 May 2025 the Dutch tax authorities issued guidance on the application of the cost-plus method, and specifically the cost basis used. The cost-plus method is one of the methods used to determine arm’s-length prices for mutual supplies of goods and services between affiliated entities. The memorandum focuses on the gross cost-plus method and, in particular, the more commonly used in practice net cost-plus method. The memorandum focuses specifically on the basis on which the cost-plus margin is calculated. The inclusion or exclusion of raw materials from the basis is a particular point of attention. Click here for Unofficial English translation Click here for other translation ... Continue to full case

On 23 May 2025, the OECD issued guidance on common errors made by multinational enterprise (MNE) groups when preparing their country-by-country (CbC) reports. These reports contain valuable information on the global allocation of income, taxes paid, and the location of economic activity among the tax jurisdictions in which an MNE group operates. This information can be used for a high-level transfer pricing risk assessment, the assessment of other BEPS-related risks, and economic and statistical analysis, if appropriate. However, this information can only be used effectively for these purposes if the data in CbC reports is robust and accurate. Tax administrations have encountered a number of errors in the data contained in CbC reports filed to date, and the new guidance describes the most common of these ... Continue to full case

Germany has issued guidance on a recent addition to German taxpayers’ transfer pricing documentation obligations. The transaction matrix now required under Section 90 (3) sentence 2 no. 1 AO is a structured, tabular overview of relevant information on the taxpayer’s transactions and business relationships with related parties and permanent establishments, which is intended to support risk-oriented case and audit field selection. Click here for an unofficial English Translation ... Continue to full case

12 December 2024, the German Federal Ministry of Finance published updated administrative principles on transfer pricing 2024 (VWG VP 2024). The updates mainly concern the chapter on financial transactions, where paragraphs 3d and 3e have recently been added to the AStG. Paragraph 3d concerns the determination of arm’s length interest rates, group or stand-alone rating and whether capital should be treated as a loan or equity, and paragraph 3e concerns the treatment of financing arrangements, i.e. cash pools, hedging, etc. New guidance is also provided on the application of OECD Pillar 1 – Amount B. Click here for an unofficial English Translation ... Continue to full case

1 October 2024, the New Zealand Inland Revenue published a new 2024 edition of its Multinational Enterprises Compliance Focus. According to the publication (page 23), the provision of risk indicators will assist MNE’s in self-assessing their compliance with anti-BEPS measures and identifying potential deficiencies. A self-assessment can be conducted using the flowchart below. According to the publication (page 24), the top ten base erosion and profit shifting risks in New Zealand are According to the publication (page 27), the Inland Revenue has conducted targeted BEPS campaigns focusing on specific sectors and issues, using a range of information from questionnaires and follow-up activities. The top ten key findings from these campains to be incorporated into risk assessment models and future interventions are Bundled intangible property (i.e. a single payment for several types of rights) is the highest risk category of intangible, as it is difficult to ... Continue to full case

9 September 2024, the Peruvian tax authority – SUNAT – issued guidance on the qualification of services, transfer pricing methods for services and the application of the “benefit test”. Click here for English translation ... Continue to full case

30 August 2024 the Inland Revenue of New Zealand issued Commissioner’s Statement CS 24/02. The Statement that sets out the Commissioner’s position in relation to the withholding tax obligations that may arise from transactions that constitute a transfer pricing arrangement ... Continue to full case

The Australian Tax Office (ATO) has applied for special leave to appeal to the High Court of Australia against the Full Federal Court’s decision in PepsiCo, Inc. v Commissioner of Taxation [2024] FCAFC 86. At issue was the ‘royalty-free’ use of intangible assets under an agreement whereby PepsiCo Singapore sold concentrate to Schweppes Australia. According to the ATO, part of the payments made by Schweppes Australia to PepsiCo Singapore were in fact royalties for the use of trademarks and trade names, which were subject to Australian withholding taxes. See also ATO’s draft ruling TR 2024/D1. In June 2024, the Full Federal Court found that PepsiCo was not liable for royalty withholding tax and that the diverted profits tax (DPT) did not apply, overturning the previous decision of the Federal Court which, in a judgment dated 30 November 2023, had ruled in favour of the ATO and ... Continue to full case

In 2013, Airbnb entered into a technology and licensing agreement with its Irish subsidiary, which included a cost-sharing arrangement for the use and development of its proprietary intellectual property. As part of this arrangement, the Irish affiliate made a lump-sum platform contribution transaction (PCT) payment of $35 million in exchange for rights to Airbnb’s IP. To determine the PCT amount, Airbnb applied the income method, using discount rates ranging from 25% to 35% and estimating the useful lives of the licensed intangibles. The U.S. Internal Revenue Service (IRS) challenged this valuation, asserting that an arm’s length payment should have been approximately $4.2 billion. Based on this position, the IRS issued an assessment for additional taxable income and associated penalties. The IRS employed a comparable uncontrolled transaction (CUT) method, referencing Airbnb’s Series D financing round, which took place on April 16, 2014—roughly three months after the ... Continue to full case

On 17 June 2024, additional guidance and lists of qualifying and coverred jurisdictions under Amount B was released by the OECD. The additional guidance includes: The definitions of qualifying jurisdictions within the meaning of section 5.2 and 5.3 of the Amount B guidance. These definitions will facilitate adjustments to the return calculated under the simplified and streamlined approach for tested parties located in those qualifying jurisdictions. The respective definitions are now incorporated into the Amount B guidance in the annex to Chapter IV of the OECD Transfer Pricing Guidelines. The definition of covered jurisdictions within scope of the political commitment on Amount B. That political commitment recognises that subject to their domestic legislation and administrative practices, members of the Inclusive Framework commit to respect the outcome determined under the simplified and streamlined approach to in-scope transactions where such an approach is applied by a covered jurisdiction and ... Continue to full case

On 27 March 2024, new paragraphs (3d) and (3e) were added to the German Foreign Tax Act (Außensteuergesetz – AStG) regarding intragroup financing. Paragraph (3d) concerns the determination of arm’s length interest rates, group vs. stand-alone rating and whether capital is treated as a loan or equity. Paragraph (3e) concerns the treatment of financing arrangements, i.e. cash pools, hedging, etc ... Continue to full case

On 19 February 2024, the OECD announced the release of the report on Amount B, which provides a simplified and streamlined approach to the application of the arm’s length principle to baseline marketing and distribution activities. The report, which introduces two options for implementation for jurisdictions that opt into the simplified and streamlined approach from January 2025, describes the circumstances under which a distributor is within scope of Amount B including cases where it also performs certain non-distribution activities, such as manufacturing. It also sets out the activities that may exclude a distributor from the scope of the simplified and streamlined approach, such as the distribution of commodities or digital goods. The inclusion of the Amount B guidance into the OECD Transfer Pricing Guidelines is accompanied by conforming changes to the Commentary on Article 25 of the OECD Model Tax Convention ... Continue to full case