A transactional profit split method might in appropriate circumstances be considered without comparable data, e.g. where the absence of comparable data is due to the presence of unique and valuable intangibles contributed by each party to the transaction (see paragraph 2.115). However, even in cases where comparable data are scarce and imperfect, the selection of the most appropriate transfer pricing method should be consistent with the functional analysis of the parties, see paragraph 2.2.
TPG2017 Chapter III paragraph 3.39
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By OECD
Category: OECD Transfer Pricing Guidelines (2017) | Tag: Comparability analysis, Comparable uncontrolled price method (CUP), External comparables, Lack of comparables, Profit split method (PSM)
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