Tag: Normal value

Italy vs Tanti Investimentos S.A, Supreme Court, June 2016, No. 13387

Italy vs Tanti Investimentos S.A, Supreme Court, June 2016, No. 13387

The Italien Supreme Court held that intra-group interest-free loans violates article 110(7); the Italien arm’s length provisions ... Continue to full case
Italy vs. ILPEA SPA, July 2015, Supreme Court 15298

Italy vs. ILPEA SPA, July 2015, Supreme Court 15298

This case is about an Italian company, ILPEA S.p.A, transactions with it’s US subsidiary. The company stated that there were substantial difference between the products sold to its subsidiary in the United States and the benchmark transactions considered by the Tax Administration: quality of the products, volumes of sales, terms of sale. These differences affected the pricing, so that these transactions could not be compared with other transactions with independent parties. The Court found that the transactions carried out with controlled companies must be evaluated according to the “normal value”, defined as the average price charged for similar goods or services with independent parties and at the same marketing stage. Therefore, “normal value” is considered to be the ordinary prices of goods and services charged at arm’s length conditions, referring, as much as possible, to “pricelists” and “rates”. The Court also stated that the tax administration does not have to prove existence of tax evation, but only the existence of ... Continue to full case
Italy vs SAME DEUTZ FAHR ITALIA s.p.a, July 2015, Supreme Court, no 15282

Italy vs SAME DEUTZ FAHR ITALIA s.p.a, July 2015, Supreme Court, no 15282

This case is about methods applicable for determination of “normal value” in transactions between related companies; the Comparable Uncontrolled Price method (CUP). Click here for translation Italy Supreme-Court-21st-July-2015-n.-15282 ... Continue to full case
Italy vs. Solvay s.a., October 2013, Supreme Court, 24005

Italy vs. Solvay s.a., October 2013, Supreme Court, 24005

This case is about transfer pricing methods and the use of the comparable uncontrolled price method. The Supreme Court affirmed that regarding the determination of the normal value of goods and services, the transfer pricing provisions refer to article 9 of the CTA, which recognizes, among the methods proposed by the OECD in the Guidelines, the traditional “comparable uncontrolled price method” Click here for translation Italy Supreme-Court-23-October-2013-No.-24005.pdf ... Continue to full case