Some benefits of the CCA activity can be determined in advance, whereas others will be uncertain. Some types of CCA activities will produce current benefits, while others have a longer time frame or may not be successful. Nevertheless, in a CCA there is always an expected benefit that each participant seeks from its contribution, including the attendant rights to have the CCA properly administered. Each participant’s interest in the results of the CCA activity should be established from the outset, even where the interest is inter-linked with that of other participants, e.g. because legal ownership of developed intangibles or tangible assets may be vested in only one of them but all of them have certain rights to use or exploit the intangibles or tangible assets as provided in the contractual arrangements (for example, perpetual, royalty-free licences for the territory in which the individual participant operates).
TPG2017 Chapter VIII paragraph 8.6
Posted on | By OECD
Category: OECD Transfer Pricing Guidelines (2017) | Tag: CCA/CSA, Cost Contribution Arrangement (CCA), Cost Sharing Arrangement (CSA), Expected benefits, Legal ownership to intangibles
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