For instance, consider a situation where Company F advances a loan to an associated enterprise, Company D, which undertakes the development of an intangible. Consider further that under the guidance in this chapter it is determined that Company F controls and consequently is allocated the financial risk associated with funding the development of the intangible, including the potential risk of Company D failing to develop the intangible and therefore being unable to repay the loan. However, Company F does not assume the risk of developing the intangible, which is entirely assumed by Company D under the accurate delineation of the actual transaction. Accordingly, in the event that the ex post results derived from the exploitation of the developed intangible were higher (or lower) than the results calculated on an ex ante basis, Company F would not be entitled to that difference but to a risk-adjusted rate of return as described in this section.
TPG2020 Chapter I paragraph 1.119 NEW
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By OECD
Category: OECD Transfer Pricing Guidelines (2017) | Tag: Ex ante/Ex post, Example - funding intangibels, Funding, Funding risk vs Operational risk, Risk-adjusted rate of return
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