If it is established in step 4(ii) that the associated enterprise assuming the risk based on steps 1 – 4(i) does not exercise control over the risk or does not have the financial capacity to assume the risk, then the risk should be allocated to the enterprise exercising control and having the financial capacity to assume the risk. If multiple associated enterprises are identified that both exercise control and have the financial capacity to assume the risk, then the risk should be allocated to the associated enterprise or group of associated enterprises exercising the most control. The other parties performing control activities should be remunerated appropriately, taking into account the importance of the control activities performed.
TPG2017 Chapter I paragraph 1.98
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By OECD
Category: OECD Transfer Pricing Guidelines (2017) | Tag: Allocation of risk, Analysis of risk, Comparability analysis, Control over risk, Exercising control, Financial capacity, Functional analysis, More than one party exercising control over risk, Risk analysis - 6 step, Risk assumption
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