A comparability analysis must be performed in all cases in order to select and apply the most appropriate transfer pricing method, and the process for selecting and applying a transactional net margin method should not be less reliable than for other methods. As a matter of good practice, the typical process for identifying comparable transactions and using data so obtained which is described at paragraph 3.4 or any equivalent process designed to ensure robustness of the analysis should be followed when applying a transactional net margin method, just as with any other method. That being said, it is recognised that in practice the level of information available on the factors affecting external comparable transactions is often limited. Determining a reliable estimate of an arm’s length outcome requires flexibility and the exercise of good judgment. See paragraph 1.13.
TPG2017 Chapter II paragraph 2.74
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By OECD
Category: OECD Transfer Pricing Guidelines (2017) | Tag: Availability of reliable information, Comparability analysis, Exercise of good judgment, Transactional net margin method (TNMM), Transactional profit method, Transfer pricing methods
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