Tag: AMADEUS database

TPG2022 Chapter V paragraph 5.38

In order to simplify compliance burdens on taxpayers, tax administrations may determine, as long as the operating conditions remain unchanged, that the searches in databases for comparables supporting part of the local file be updated every three years rather than annually. Financial data for the comparables should nonetheless be updated every year in order to apply the arm’s length principle reliably ... Read more
Spain vs BIOMERIEUX ESPAÑA SA, February 2021, National Court, Case No 2021:416

Spain vs BIOMERIEUX ESPAÑA SA, February 2021, National Court, Case No 2021:416

BIOMERIEUX ESPAÑA SA is active in the business of clinical and biological analysis, production, distribution, training and technical assistance. Likewise, the provision of computer services and, in particular, the computer management of laboratories. Following an audit the tax authorities found that the controlled prices agreed for the acquisition of instruments and consumables between bioMérieux España and its related entities, bioMérieux SA and bioMérieux Inc, did not provided bioMérieux España with an arm’s length return on is controlled activities. A tax assessment was issued for FY 2008 on the basis af a thorough critical analysis of the benchmark study provided by the BIOMERIEUX, and detailed reasoning and analysis in regards to comparability and market developments. Judgement of the National Court The Audiencia Nacional dismissed the appeal of Biomerieux España SA and decided in favour of the tax authorities. Excerpts “As we already reasoned in our SAN (2nd) of 6 March 2019 (Rec. 353/2015 ), it is legitimate to resort to what ... Read more
Latvia vs "Snickers Production Latvia", April 2011, Supreme Administrative Court, Case No A42435608 SKA-134/2011

Latvia vs “Snickers Production Latvia”, April 2011, Supreme Administrative Court, Case No A42435608 SKA-134/2011

This case concerns a transfer pricing dispute between the Latvian tax authorities (SRS) and a Latvian manufacturing company, “Snickers Production Latvia”, related to a credit notes issued to Snickers Europe AB, reducing its taxable profits. For the purpose of establishing the pricing of controlled transactions the company had used the TNMM method and performed a benchmark analysis based on a 2004 version of AMADEUS. To verify the benchmark analysis the tax authorities had used a 2007 version of AMADEUS and concluded that many of the selected comparables did not meet the qualitative criteria. The benchmark was adjusted and an assessment issued were the reduction of profits resulting from the credit note was denied. An appeal was filed by the company with the Court. The appeal was dismissed by judgment of the Administrative District Court of 30 September 2009 and later by judgment of the Administrative Regional Court of 8 September 2010. Judgement of the Supreme Administrative Court The Supreme Court ... Read more