To summarise, the main purpose of the monitoring is to examine how far member countries’ legislation, regulations and administrative practices are consistent with the Guidelines and to identify areas where the Guidelines may require amendments or additions. The monitoring should not only lead to identification of problematic issues, but also to the identification of practices followed by one or more member countries in applying the Guidelines which could be usefully extended to other countries. The monitoring is not intended to arbitrate on particular cases.
TPG2022 Annex to OECD Transfer Pricing Guidelines paragraph 2
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Category: OECD Transfer Pricing Guidelines (2022), TPG2022 Annex to the OECD TPG – Monitoring procedures and involvement of business
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- TPG2022 Annex to OECD Transfer Pricing Guidelines paragraph 1 In July 1995, the OECD Council approved for publication the Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations (“the Guidelines”), submitted by the Committee on Fiscal Affairs (“the Committee”). At the same time, the OECD Council endorsed the Committee’s recommendation that the Guidelines be reviewed and up-dated periodically as...
- TPG2022 Annex to OECD Transfer Pricing Guidelines paragraph 23 The aim of this element in the monitoring process is to keep the member countries informed about developments in each others’ countries. There are usually well established ways at the national level by which the business community can make an input into any developments in the transfer pricing legislation, regulations...
- TPG2022 Chapter IV paragraph 4.4 Tax compliance practices are developed and implemented in each member country according to its own domestic legislation and administrative procedures. Many domestic tax compliance practices have three main elements: a) to reduce opportunities for non-compliance (e.g. through withholding taxes and information reporting); b) to provide positive assistance for compliance (e.g....
- TPG2022 Annex to OECD Transfer Pricing Guidelines paragraph 17 It is not intended that the OECD should intervene in the resolution of transfer pricing disputes between a taxpayer and a tax administration. The monitoring process is not intended to be a form of arbitration and so taxpayers will not be able to present individual cases for resolution by the...
- TPG2022 Annex to OECD Transfer Pricing Guidelines paragraph 10 A key aspect of monitoring will be to identify and then to analyse difficult fact patterns and problem areas which may be illustrated by practical examples and which present obstacles to an internationally consistent application of the transfer pricing methods set out in the Guidelines. Monitoring will also include areas...
- TPG2022 Annex to OECD Transfer Pricing Guidelines paragraph 16 The foregoing monitoring procedures will parallel the development of additional hypothetical examples to be added to the Guidelines. The examples are not intended to develop new principles or to cover new issues but rather to assist in interpreting principles and in addressing difficult issues already discussed in the Guidelines. To...
- TPG2022 Annex to OECD Transfer Pricing Guidelines paragraph 19 In contributing to the OECD role of monitoring the implementation of the Guidelines, the business community would be encouraged to take particular note of the guidance given at paragraph 17 of this annex. It should therefore focus on issues that give rise to either theoretical or practical difficulties and not...
- TPG2022 Annex to OECD Transfer Pricing Guidelines paragraph 8 Peer reviews will continue to be carried out but at three different levels: The first level would be an “issue review ”, which would look at the approach taken by all member countries to a particular issue of widespread significance. Ideally, the review should link up with other aspects of...
- TPG2022 Annex to OECD Transfer Pricing Guidelines paragraph 5 The monitoring process will be carried out through four related projects: 1. peer reviews of member country practices; 2. identification and analysis of difficult case paradigms; 3. review of changes in legislation, regulations, and administrative practices; and 4. development of examples. Each of these is discussed below....
- TPG2022 Chapter IV Annex II paragraph 1 Advance Pricing Arrangements (“APAs”) are the subject of extensive discussion in the Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations at Chapter IV, Section F. The development of working arrangements between competent authorities is considered at paragraph 4.175: Between those countries that use APAs, greater uniformity in APA practices...