Official debate over alternative to arm’s-length principle will happen
International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX
Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Official debate over alternative to arm’s-length principle will happen

Transfer pricing’s arm’s-length principle (ALP) has faced some tough criticism over the last two days at International Tax Review’s global transfer pricing forum in Singapore.

In almost every panel the viability of the ALP was discussed, though it was concluded that, until sufficient research and testing has taken place, an alternative would likely present a different set of problems altogether.

In a panel on the first day, which looked at transfer pricing policy approaches by the OECD and the UN, TP Ostwal, the author of two chapters of the UN manual on transfer pricing, said the answer may not lie with ALP or its common alternative, formulary apportionment. Ostwal said another method would need to be investigated if taxpayers and revenue authorities really want to see a more effective solution.

The question was later posed to panellists on a financial services transfer pricing panel on the second day, where Sam Sim, head of transfer pricing for a global bank, said: “If you get more and more multilateral APAs [advance pricing agreements] there is more chance of companies accepting quasi-formulary apportionment,” said Sim.

However, Sim said he could not see a global move towards formulary apportionment.

Gavin Helmar, of PwC, said official debate over alternatives to the ALP will happen and added that another debate, about the comparability standard, is also on the cards.

more across site & bottom lb ros

More from across our site

The OECD had previously missed a June 30 deadline to agree an MLC on amount A; in other news, UK corporation tax bills surged to a record high last year
ITR is delighted to reveal all the shortlisted nominees for the 2024 Americas Tax Awards
Global chair Mohamed Kande and Australian CEO Kevin Burrowes are likely to be grilled on the firm’s lack of co-operation
Consensus on the amount A multilateral convention will take more than six months to achieve, one expert believes
ITR is delighted to reveal all the shortlisted nominees for the 2024 Europe Middle East & Africa Tax Awards
ITR is delighted to reveal all the shortlisted nominees for the 2024 Asia-Pacific Tax Awards
There is a 'critical need' for a unified platform to address challenges in TP, the organisation’s president told ITR
Tax specialist Kate Barton helped to transform EY’s global tax practice, Dentons has claimed
Alex Gerko had challenged HMRC’s positions on deferred trading profits that he and other traders made while working for hedge fund GSA
The Tax Practitioners Board had required PwC to overhaul its internal processes following the tax leaks scandal
Gift this article